Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1873-05-08

road within the State which it has the
right, license, or permission to use,
operate, or control, the same shall be
deemed guilty Of extortion, and upon
conviction thereof shall be dealt with
as hereinafter provided.
SEC. 2. If any railroad corporation
Aforesaid shall make any unjust dis
elimination In Its rates or charges of
toll, or compensation for the transport
tation of passengers or freight Of any
description, or for the use and trans
portation Of any railroad car upon its
said road, or upon any branches thereof,
or upon any railroads connected there
with, which 1t has the right, license, or
permission to operate, control, or use,
within this State, the Same shall be
deemed guilty OF having violated the
provisions of this act, and upon con-
lviction thereof shall be dealt with as
hereinafter provided.
I SEC. 3. If any such railroad corpo-
ration shall charge, collect, or receive,
for the transportation of any passen-
ger, or freight of any description, up
on its railroad, for any distance, with
in this State, the came, or greater
amount of toll or compensation than
is at the same time charged, collected,
or received for the transportation, in
the same direction, for any passenger,
or like quantity Of freight of the same
class, over q greater distance of the
same railroad; or if it shall charge,
collect or receive, at any point upon
its railroad, higher rate of toll or
compensation for receiving, handling,
or delivering freight of the same class
or like quantity than it shall, at the
same, charge, collect, or receive at any
other point upon the same railroad or
IL II shall charge, collect, or receive
for the transportation of any passen-
ger, or freight of any description, over
it's railroad, greater amount of toll
or compensation than shall, at the same
time, y charged, collected, orreceived
by 1t for the transportation of any pas
senger, or like quantity of freight Of
the same class, being transported in
the Same direction, over any portion of
the same railroad, OF equal distance !;
or. if 1t shall charge, collect, or re-
ceiye from any person or persons
a higher or greater amount of
toll or compensation than it shall,
NJ tAC saluo ulnc, CudIxe, COlleCt,
or receive from any other person or
persons for receiving, handling, or de-
slivering freight of the same class and
like quantity, at the same point upon
its railroad or if it shall charge, col
lect or receive from any person or per-
sons, for the transportation Of any.
freight. upon its railroad, higher or
greater rate of toll or compcncntion
than it3shall at the same time, charge,
collect, or receive from any other per-
son or persons, for the transportation
of the like quantity of freight of the
same class, being transported from the
same point, in the same direction, over
equal distances of the same railroad !;
or If it shall charge, collect or receive
from any person or persons, for the
use and transportation of any railroad
car or cars, upon its railroad, for any
distance, the same, or greater amt
of toll or compensation than is at the
same time charged, collected or receiv-
ed from any other person or persons,
| for the use and transportation of any
railroad car of the same class or NUM-
Der, for like purpose, being trans
ported in the same direction, over q
II SIcUVcE uAbtnuCC Va tAC suthC IdAlEOdu /,
or If it shall charge, collect OF receive
from any person or persons, for the
use and transportation of any railroad
car or cars upon it's railroad, q higher
or greater rate of toll or compensation
than it shall at the same time charge,
collect or receive from any other per-
son or persons, for the use and trans
portation on any railroad car or cars
of the same class or number, for like
purpose, being transported from the
same point in the same direction, over
an equal distance of the same railroad !;
all such discriminating rates, charges,
collections, or receipts, whether made
directly, or By means Of any rebate,
draw back, or other shift or evasion,
shall be deemed and taken against such
railroad corporation as pyima .tacie ev-
idence of the unjust determinations
prohibited by the provisions Of this
act, and it shall not be deemed a sufi-
cient excuse or justification of such
Determinations on the part of such
railroad corporation that the railway
station or point at which it shall
charge, collect or receive the same, or
less rates of toll or compensatione for
the transportation of such passengers
or freight, or for the use and Transport
tation of such railroad car, the greater
distance than for the shorter distance,
is railway station or point at which
there exists competition with any 9TH
er railroad or other means of trans
portation. This section shall not be
construed SO as to exclude other evil
dence tending to show any unjust dis
elimination in freight and passenger
rates. The provisions of this section
shall extend and apply to any railroad,
the branches thereof and any road or
roads which any railroad corporation
has the right, license, or permission to
use, operate or control, wholly Or ia
part within this State: Provided, hour
eper, That nothing herein contained
shall be so construed as to prevent rail-
road corporations from Issuing COM
mutation, excursion, or thousand
mile tickets, as the same are now is
sued by such corporations.
SEC. A. Any such railroad corpora
ton guilty Of extortion, or of making
any unjust discrimination .as to pas
senger or freight ratios or the rates for
the use and transportation of railroad
cars, or in receiving, handling, or de-
liyering freights, shall, upon convic-
ton, be fined in any sum not less than
one thousand dollars $1,000, nor
more than fYe thousand dollars ($5 :
OOO) for the first ofrense /; and for the
second ofFense not less than five thou
sand dollars (s5,0O0J, nor more than
Item thousand dollars g(sslO O0O), and for
the third offcnse not less than ten
thousand dollars (FlQ00o) nor more
than twenty thousand dollars ($20,-
900; and for every subsequent offensc
and conviction they shall be liable to
. fine Of twenty-five thousand dollars
| ($25,Q 600: Provided, That in all cases
undar this act either party shall have
| the right ofltrial by jury.
| Sec. 5. The tines hereinbef0re pro-
vided for may be recovered in an ac-
ton of debt, in the name Of the poo
pie Of the State of Illinois. and there
may DO several counts joined in the
same declaration as to extortion and
unjust discrimina tion, and as to pass
engefs8 and freight rates, and rates for
the use and transportationof railroad
cars, and for receiving, handling and
Halt vn~s,,xp fea{rshta II IF ,,y,.,r fl.n fr. 4