The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-04-17

use and transportation of any railroad car
upon its said road, or upon any OF tne
branches thereof, or upon any raiiroaos
conn ,cted Herewith, which II d." tne
right, license, or permission 10 opetate,
control or use, within this state, the same
shall be deemed guilty Of having vio'atea
the provisions of this act and upon con-
viction thereof shall be dealt with as mere
matter provided.
SEC. 3. II any such railroad corpora
ton shall charge, collect, or receive, LOT
the transportation Of any passenger, OF
| freight Of any description, upon It's rall-
road, for any distance, WITHIN TINS state,
| the sa ne, or q greater rate OF Toll or com
pensstion than il at the same time charged,
collected. or received for the transpurta-
| ton, in tho same direction, of any passen-
ger, or a like quantity of freight of the
same class over q greater distance OF the
same railroad or If II shall charge, collect,
| or receive, at any point upon its railroad,
| q higher rate OF toll OF compensation for
receiving, handling or delivering freight
Of the same class and like quantity, than
| it shall, at the same time, charge, collect,
or receive at any other point upon the
| same railroad. or II IL shall charge, col
lect, or receive for the transportation Of
any passenger, or freight of any descrip-
ton, over it, railroad, greater
amount as toll or compensation
than shall, at the same time, be charged,
collected, or received by IT for transporta-
ton Of any passenger, or like quantity OF
freight OF the same class, being trans
ported in the same direction, over any
portion of the same railroad, OF equal dis
lance or if it shall charge, collect, or re-
ceive from any person or persons, higher
| or greater rate Of toll or compensation
| than il shall at the same time, charge,
collect, or receive from any other person
or persons for receiving handling, or de.
| liyering freight of the same class and like
quantity, at the same point upon its rail-
road or If it shall charge, collect, or re-
ceive from any person or persons, for the
transportation of any freight upon its
railroad, a higher or greater rate OF toll or
compensation than it shall, at the same
time. charge, collect, or receive from any
other person or persons, for the Transport
tation 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 ZANE railroad or If II
shall charge, collect, or receive from any
person or persons, for the use and trans
portation of any railroad car upon its
railroad, for any distance, the same or
A greater rate of toll or compensation
than is at the same time charged collected
or received from any other person or per-
sons, for the use and transportation Of any
railroad car of the same class, for II like
purpose. being transported in the same di-
rection over n greater distance 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 upon its railroad, higher or greater
rate of toll or compensation than
il shall, at the same time, charge
collect, or receive from any person or per-
sons, for the use and transportation Of any
railroad car of the same class, tor a like
purpose, being transported from the same
point, In the same direction, over an equal
distance OF the same railroad all such dis
eliminating rates, charges, collection, or
receipts, whether made directly, or by
means of any rebate, drawback, or other
shift OF evasion, shall be deemed and
taken against such railroad corpartion, as
prims facic evidence OF the unjust discrim.
nations prohibited by tho provisions Of
this act, and il shall not be deemed suf-
hcient excuse or justification of such dis
ordinations on the part of such railroad
corporation, that the railway station or
point ut which it shall
charge, collect, or receive the
same or less rates Of toll or compensa-
ton, for the transportation Of such pass
enger or freight, or for the use and trans
portstion Of such railroad car the greater
distance, than for the shorter distance, is a
railway station or point at which there
exists competition with any other means
of Transportation. This section shall not
he so construed 20 as to exclude other ev-
idence 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.
\ OF permission to use, operate, or control
wholly or in part within this state.
SIC 4. Any such railroad corporation
guilty OF extortion, or of making any un
lust DETERMINATION as to passenger anC
freight rates, and the rates for the use ant
characterization of railroad cars, shall, upol
conviction thereof, be fined in any sun
I not less than one thousand dollars (sl 900
/ nor more than Ave thousand dollar
b. $1,000, fer the first otiense; and for tn
:, second ohcnse not less than i've thousan
dollars $4,000, nor more than ten thou
u sand dollars $4,000 and for the third o
10 Tense not less than ten thousand dollar
so 100000 nor more than twenty thoussn
., dollars 10000; and for every subs,
Quent otiense and con viction thereof sha
10 be liable to a 6ne of twenty-five thousln
e dollars s25 900; Provided, that in a
It cases under this act either party sha
have the right of trial by jury,
= SEC. 3. The fines herein provided f,
J. may be recovered in action OF debt, in Il
. name of the people Of the state of llinoi
4 and there may be several counts joine
, in the same declaration as to extortio
and unjust discrimination, and rs t
passenger and freight rates, and rates {,
= the use and transportation OF railroa
I cars. If upon the trial Of any cause il
sttuted under this act the jury shall fin
for the people, they shall assess and retur
u with their verdict the amount of the fin
5 to be imposed upon the defendant, at an
Y sum not less than one thousand dollar
!. $1,000 nor more than five thousan
y dollars ~, 600, and the court shall rend,
), Judgment accordingly; and If the jlr
q shall find for the people and that the a,
PENDANT has been once before convicted
a violation of the provisions of the &C
. they shall return such finding with the
y verdict and shall assess, and return wit
their verdict tho amount
the hne TO be imposed upo
the defendant, at any sum not less tina
five thousand dollars $4,000, nor mot
\, than ten thousand dollars $4,000, AZ
y the court shall render judgment accorC
ingly; and II the Jury shall lind for Il