Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-05-16

portation of any railroad car or cars upon ls ran
road for any distance, the same or greater
annornt Of toll for compensation than is at the
same time charged. collected or received from any
other person or persons Tor the use anu
her for a like purpose, being transported IN the
same direction, greater distance OF the same
railroad; if it shall charge, collect or receive
from any persun or persons for the use and trans
portaon OF any railroad car or cars upon lis rail-
road higher or greater rate OF toll Or compensa-
ton than it shall, at the same time, charge, collect
or receive from any other person persons for the
use and transportation of any railroad car or cars
of the same class or number, for ike purpose,
being transported from the same point In the same
direction, over equal distance of the same rail-
road all such discriminating rates, charges, coec-
tons receipts, whether made directly or oy
means of any rebate, drawback, or other shift or
evasion, shall be deemed and taken against such
railroad corporation as prima facie evidence OF
the unjust determinations prohibited by the pro-
visions of this act, and it shall not be deemed a
sufficient excuse or justification of such dlscrlm-
nations on the part of such railroad corporation,
that the railway station or point at which they
shall charge, collect or receive the same or less
rates of toll or compensation for the transportation
of such passenger freight, or for the use and
transportation of such railroad car the greater as
station or point at which there exists competition
with any other railroad or means OF
transportation. This section sha hall mo- not
dence tending to show any Unjust Discrimination
in freight and passenger rates. The provisions OF
this section shall extend and apply to any railroad
any railroad corporation has the right, Incense or
PERMISSION to use, operate or CONTROL wholly or III
part within this State. Pr0g5ded, however, mat
nothing herein contained shall be so construed as
to prevent railroad corporations from issuing COM
mutation, excursiou, or thousand-mlle tickets, as
the same are now issued by such corporations
SEC. q. Any such railroad corporation guilty OF
extOrtion. or of making any unjust discrimination
to passenger freight rates or the rates Tor the
and transportation of railroad cars or IN re-
ceiving, handling, or delivering frelghts shati,
riotiOo no finn6 in
| less than one thousand dollars ($1OO0), nor more
than five thousand dollars ($5,OOO), for the first
offense; and for the second ofense not less than
five thousand dollars ($5,000), nor more than ten
thousand dollars ($10000, and for the third ofense
not less than ten thousand dollars lS1O,OOO), nor
more than twenty thousand dollars ($2o,OOO( and
for every subsequent offense and conviction there
of shall be liable to fine of twenty-five thousand
dollars ($25, 0O0): PrOUided, that IN all cases
under this act either party shall have the right OF
SEC. 5. The fines hereinbefore provided for may
be recovered in an action of debt, in the name of
the People of the State of Illinois, and there may
be several counts joined in the same declaration
as to extorton and unjust discrimination, and as
to passengers and freight rates, and rates for the
use and transportation OF railroad cars and for
| receiving, handling or delivering frelghts. IT.
| upon the trial of any cause Instituted under
this act, the jury shall find for the people, they
| amount of the fine to be imposed upon the defen-
dant, at any sum not less than one thousand dol
lars ($1, 000), more than five thousand dollars
cordingy: and if the jury shall find for the people,
and that the defendant has been once before con-
victed of violation of the provisions of this act
they shall return such finding with their verdict
and shall assess and return with their verdict the
amount of the fine TO be imposed upon the defen-
dant, at any not less than five thousand dollars
| ($5,000), nor than ten thousand dollars
| 100000; and the Court shall renu-r Judgment ac-
cordingly; and if the jury shall find for the people,
and that the defendant has been twice before con-
victed of violation of the provisions of this act
with respect to exortion unjust discrimination,
| they shall return such finding with their verdict
and shall assess and return with their verdict the
| amount of the fine to be imposed upon the defen-
| dant, at any sum not less than ten thousand dol
lars ($10,000) nor more than twenty thousand dol
lars $50 OO); and in like manner Tor every supse
quent offense and conviction such defendant shall
| be liable to fine of twenty thousand dollars
($200O0: Pr00ided, that in all cases under the pro-
visions of this act preponderance of evidence in
favor of the people shall be sufficient to authorize
| verdict and Judgment for the people.
SEC. 6. If any such railroad corporation shall in
violation of any of the provisions of this act ask,
demand, charge, receive of any person or corpo-
ration any extertiOnate charge or charges for the
transportation of any passengers, goods, merchan-
disc, or property for receiving, handling or de-
liverng frefghs, or shall make any unjust dscrimi-
nation against any person or corporation III Its
charges therefor, the person or corporation SO Of
| Tended against may, for each Ofense, recover of
such railroad corporation, in any form of action,
| three times the amount of the damages sustained
by the party aggrieved, together with costs OF suit
and reasonable attorneys fee, to be fixed by the
Court where the same is heard, appeal or other
wise, and taxed as part of the costs of the case.
SEC. Z. 1t shall be the duty of the Railroad and
| Warehouse Commissioners to personally lnvesti-
| gate and ascertain whether the provisions of this
act are violated by any railroad corporation in this
State, and to visit the various stations upon the
line of each railroad for that purpose, as often as
practicable; and whenever the facts, in any man.
| ner ascertaned by said Commissioners, shall in
their Judgment warrant such prosecution, it shall
! be the duty of said Commissioner to Immediately
| cause suits to be commenced and prosecuted
affainst any railroad corporations which may
| and prosecutions may be instituted in any county
IN this Stae, through or into which the line OF the
railroad Corporations sued for violating this act may
| extend. And such Railroad and Warehouse Com
missioners are hereby authorized, when the facts
of the presented to them shall, in their judg-
ment warrant the commencement of such action,
to employ counsel to assist the Attorney General in
conducting such suit on behalf of the State. No
| suits commenced by said Commissioners shall be
dismissed, except said Railroad and Warehouse
Commissioners and the Attorney General shall con-
sent thereto.
SEC. s. The Railroad and Warehouse Commits
sioners are hereby directed to make, for each of
the railroad corporations, doing business In TINS
State, as as practicable, schedule of reason
able maximum rates of charges for the transporta-
ton of passengers and freight and cars each of
said railroads; and said schedule SHALL In all suits
| brought against any such railroad corporations,
wherein is in any way involved the charges of any
such railroad corporation, for the transportation of
any passenger freight cars, unjust disCrim-
ination in relation thereto, be deemed and taken,
in all courts of this State, prima facie evidence
| that the rates therein fixed reasonable maxi
mum rates charges for the transportation of
passengers and and cars upon the railroads
for which said schedules may have been respective
| ly prepared. Said Commissioners shall, from time
to time, and often circumstances may require,
| change and revise said schedules. When such
| schedules shall have been made or revised, as
aforesaid, it shall be the duty of said Commission
| ers to cause publication thereof to be made for
| three successive weeks, In some public news
| paper in The City of Springfield, in this
State: Provided, that the schedules thus prepared
n he
| in provided until schedules shall have been pre-
pared and published as aforesaid for all railroad
| companies now organized under the laws of this
State and until the 18th day of January, A D. 1874
or until ten days after the meeting Of the next
sion of this General Assembly, provided session
of the General Assembly shall be held previous to
the 18th day of January aforesaid All such sched-
ules. purportng to be printed and published as
aforesaid, shall be received and held IN all such
suits, as prima facie the schedules of said Commits
soners without further proof than the production
of the paper in which they were published together
with the certificate of the publisher of said paper
that the schedule therein contained is true copy
of the schedule furnished for publication by said
Commissioners, and that it has been published the
above specified time; and any such paper, purport-
ing to have been published at said city, and to be
public newspaper, shall be presumed to have been
published at the date thereof and to be public
newspaper.
SEC. g. In all cases under the provisions of this
act, the rules of evidence shall be the same as in
other civil actions except as hereinbefore other
wise provided. All fines recovered under the pro-
visions of this act shall be paid into the County
Treasury of the county in which the suit is tried,
by the person collecting the same, in the manner
now provided by law, to be used for county pur-
poses The remedies hereby given shall be regard
ed as cumulative to the remedies now given by law
against railroad corporations and this act shall not
be construed as repeating any statute giving such
remedies. Suits commenced under the provisions
of this act shall have precedence over all other
business, except criminal business.
SEC. TO- The term railroad corporation" con-
tanned in this act shall be deemed and taken to
mean all corporations companies individuals
now owning, or operating, or which may hereafter
own or operate, any railroad, in whole or in part,