The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-03-14
HON. CHARLES DUEHAM AND THE
TRANSPORTATION QUESTION
A Bill for An Act to Provide for the Trial and
Punishment Of Railroad Corporations
for Unreasonable or Extor
Tomato Charges

A Bill for An Act TO Provide for the Trial and
Punishment Of Railroad Corporations
for Unreasonable or Extor-
tomato Charges.
The following Bill was introduced in the
House of Representatives, this state,
February 27th. by Hon. Charles Durham,
ct this district rules suspended, read first
time and referred 70 the Committee on
Railroads.
March I The bill was reported back
to the House and one thousand copies or
dered 10 be printed, as follows:
SECTION I. BE It enacted by the pco-
ple Of the State Of Illinois, represented IN
the General Assembly That every rail.
road corporation in this State which shall
charge. take demand or receive for the
TRANSFORMATION upon it, railroad ut any
passenger. baggage or freight any unrea-
snuable or eytortonate fare toll or tariff, or
more than the same Is well and fairly worth
or,hall make any unjust discrimination As 20
any person or place in such fare, toll, or
tariff shall be deemed guilty OF a grave
offence against public Justice, and upon
conviction thereof for the first oHense,
shall be fined not less than two thousand
dollar. nor more than five thousand dol
lars and for second utfense and convlc-
non thereof shall forfeit 70 the State its
property and franchises,
~ 1t is hereby made the duty of ey.
erv States Attorney in this State 10 inn
mediatey institute proceedings under the
provisions hereof against any railroad cor.
poratiou having any part Of its railroad
within his county, it he shall have reason
tobeleve that any such railroad corporation
has violated the provisions of the first sec
ton hereof, or il ten freehOlders of hi
county shall petition him 70 institute sucl
proceedings, and shall state in such peti
ton that any such railroad has violated
the provisions Of said section.
%. The fines and tOrteitures herel
provided for may be recovered aud en-
forced in am action for debt in the name O
the People Of the State OF Illinois, and
the Jury simply find for the People the
shall state the amount vt the fine With
the limits aforesaid, and the court -ha
render Judgment accordingly, but II tn
Jury shall find for the People and thu
the defendant has before been conyictt
under the provisions hereof, 1t shall be Il
duty of the court 10 render Judgment
forfeiture a. aforesaid II shall not
necessary in the declaration 10 specify al
particular instance of a violation of q
provisions Of said section, but there mi
be- several counts in such declaration
each Of which the defendant may
charged in general terms with a violate
of some one Of the provisions thereof
a. Any person may institute prOcec
ings under the provisions hereof in q
name of the State Of Illinois for the Il
al ,.arsn,, ,v,l tb. sab,
fund Of the county in which the suit
brought, in equal parts, upon giving bon
for costs In case the judgment render,
IN any such proceeding. shall be ioricitu
Of such property aud franchises rs ator
sand, the person -o In-titutiug such ~
ccedinrs shall he paid out Of the Sta
Treasury the sum of three thousand d
lar. and It shall be the duty Of the Au
tor ui Public accounts upon q receipt OF
certifed copy OF such Judgment, TO DIR
his warrant in favor Of such person
said amount upou thu State Trcasur
who shall Immediately pay the same out
any funds not otherwise apr pirate
PrOridsd, il any appeal shall be tai
from such Judgment or a supersedeas
tanned, then said amount shall not be p
until said Judgment shall have been
iirmed
%. Ifupon the trial Of any case be-
under the provisions hereof it shall app
that the defendant has taken charged,
mandcd or received a greater rate u
three cents per mile for the transportat
OF any adult person, or more than one
one hall cents per mile for any person
than ten years Of age such fact or IA
shall constitute strong prtma tacie q
dence that the defendant has been gu
of a violation Of the provisions uf said
ton in regard ~ the transportiou Of 7
sengcrs and II it shall in like manner
pear that the defendant has taken chars
demanded or received for the transpo
ton of any baggage or freight an equ,
or greater rate for less than for n gre
distance, or has taken, charged demau
or received from any person greater
for the transportation OF the same,
like kind of baggage or freight than /
another for the same or like distance .
fact or facts shall in a ike manner coi
tite strong pTima fdeie evidence that
defendant has been guilty Of a yiolatio
the provisions Of said section in regar
unjust determinations and if II sha
ike manner appear that the defendant
charged taken, demanded or received
the transportation by the car load, Of
gram IN bulk or in bags, a greater
imam. ;,... per ton per mile, or OF
nVe STOCK greater rate than .......
un yer mile or Of any lumber, gre
ls'e 'ilau ......; per thousand per u
VI VI any pressed hay, greater rate
chandise, in bales or brvas ~. "a II q
by the car load or not. rre, talC rs ~
....... per ton ton Der milo - g.,
facts shall in like manner consti flint i ~
Prima tdeie evidence that the de(cn
has been guilty Of a violation Of
section in regard to unreasonable
extortOnate fare, toll or tariff y
any OF said facts shall appear
aforesaid, the jury shall find for Inc
pie, unless the defendant shall over