The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1873-05-22

S"'i0ii ~ HA0 Yudlllty OI freight o.
the same class, being transported
from the same point, in the same di
rection, over equal dis tances Of the
same road; or if 1t shall charge, col.
icct or receive from any person 0,
persons, for tho use or transporta
ton of any railroad car or cars upon
its railroad for any distance, the
same or a greater amount of toll or
compensation than is at the same
time charged, collected or received
from any other person or persons for
the use and transportation OF any
railroad car of the same class or nun.
Der, for like purpose, being trans
ported in the same direction, over a
greater distance of tie same railroad;
or if it shall charge, collect or re-.
ceive from any person or persons, for
the use and transportation Of any
railroad Car or cars upon its railroad
higher, or greater rate of toll than
1t shall, at tho same time, charge,
collect or receive from any other
person or persons, for the use and
transportation OH any railroad car or
cars OF the same class or number, for
a like purpose, being transported
from The same point in the same d.
rection, over an equal distance OF tho
same railroad; all such dlscriminat.
ing rates, charges, collections or re.
ceIpts, whether made directly, or by
means Of any rebate, drawback, or
other shift or evasion, shall be deem.
ed or taken, against such railroad
corporation as prima facie evidence
of the unjust determinations prohlb-
tied by tho provisions Of this act
and it shall not be deemed suffi.
clent excuse or justification Of such
determinations on the part OF such
railroad corporation that the railway
station or point at which it shall
charge, receive or collect or receive
the same or less rates OF toll or com
pensation for the transportation of
such passengers or freight, or for the
use and transportation Of such rail
road car the greater distance than
for the shorter distance is railway
station or point at which there exists
competition with any other road or
ton shall not be construed 80 as to
exclude other evidence tending to
show any unjust discrimination IN
freight aud passenger rates. The
provisions OF this section shall extend
and apply TO any railroad, the bran
chcs t.ereof, and any road or roads
which any railroad corporation has
the right, license or permission TO
use, operate or control, wholly or in
part in this State: Provided howev-
er, that nothing herein contained
shall be so construed as TO prevent
railroad corporations from ISIS ning
commutation, excursion, or thousand
mile tickets, as the same arc now is
sued by such corporations.
SEC. 4. Any such railroad corpor-
alton guilty OF cxtortion, or OF max
king any unjust discrimination as to
passenger or freight rates, or the
rates for the use and transportation
of railroad cars, or in receiving,
handling fieights, shall, upon convic-
ton, be fined IN any sum not less
than one thousand dollars, nor moro
than five thousand dollars tor the first
offcnso; and for the second otfense
not less than five thousand dollars,
nor more than ten thousand dollars
and for the third offense,not less thar
ten thousand dollars nor more thar
twenty thousand dollars; and for ev
cry subsequent offense and convio
ton thereof shall be liable to fine 0
twenty-five thousand dollars-provi
ded, that in all cases under this &C
either party shall have tho right Q
trial by jury.
!. SEC. 5. The fines herelnbefor
provided for may be recovered in al
action of debt, IN the name of th
people Of the State of Illinois, an
) there may be several counts joine
IN the samo declaration as to cxtor
= ton aud unjust discrimination, an
I as to passenger and freight rates, an
! rates for the use and transportatio
). of railroad cars, and for receiving
l ndling and delivering treights. l
t upon the trial of any cause institute
under tins act, the jury shall find fo
i the people, they shall assess, and n
t tnrn with their verdict, the amour
]. Of the fino to be imposed upon I'll
:. defendant, at any sum not less tina
J. one thousand dollars, nor more tha
8 five thousand dollars; and tho coul
i sha all render judgment accordingl,
Q aud if the jury shall find for the pe'