The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1873-05-15

AllIuOlSs
Bill. for an act to prevent cxt0rtion and unjust
discrimination in the rates charged for the trans
POrtattOn OF passengers and frc'ohts IN railroads
III this state, and to repeal an act entitled IAN Act
10 prevent unjust determinations and extortiOns
In the rates to be charged by the different rail.
f foaas IN TINS state Tor the transportation Of
1871. ~ ' "pp'o''" April = a. d.
SECTION |. Be 1t enacted By tie People Of The
Stdte OF Illinois, represented in the General As.
ss'nbty. II any railroad corporation, organized OF
doing business IN this State under any act If In.
COOPERATION, or general law Of this State, now in
force, or which may hereafter be enacted, or any
railroad corporation organized, or which may here.
after be organized under the laws of any other
State and doing business in this State shall charge
collect. demand, or receive more than a fair
and reasonable rate of toll or compensation for the
transportation Of passengers freight, of any de-
scrption or tor the use and transportation Of any
railroad car upon It's track or any Of the branches
thereof or upon any. railroad within this State
which 1t has the right: license or permission to use
operate, or control, the same shall be deemed guilty
dealt With a. f pravd9d ''''e' s"" DC
SEC. 2. Ii any railroad corporation aforesaid
shall make any unjust discrimination in its rates or
charges Of toll compensation, for the transpor.
or for the use and transportation of any railroad
car upon its said road upon any branches there
OF, or upon any railroads connected Herewith,
operate. control, use, within this State the same
shall be deeemed guilty Of having violated the
OF this act and upon conviction thereof
shall he dealt with as hereinafter provided .....
SEC. g. If any such railroad corporation shall
CHARGE collect or receive, for the transportation of
any passenger, or freight of any description upon
its railroad for any distance within its State the
than is at the same time charged collected or re-
ceved for the transportation in the same direction
Tor any passenger or like quantity of freight of the
SAME class, over greater distance Of the same
1 1 oil NJ
any point upon Its railroad, higher rate of toll
compensation for receiving, handling or delivering
freight OF the SAME class or like quantity, then it
snail. at the same time. charge collect or receive at
any other point upon the railroad or if it shall
charge, collect receive for the TRANSPORTATION Of
any passenger. or freight of any description. over
ITS railroad a greater amount as toll or compensa-
ton than SHALL at the same time be charged. COL
lected or received by it for the transportation Of
any passenger, or like quantity OF freight Of the
same class, being transported in the same direc-
equal distance if it shall charge, collect or re-
ceive from any person or persons. a higher or
greater amount Of toll or compensation than it
snail al the same time. charge. collect receive
or delivering freight of the same class
and like quantity, at the same point upon its rail-
road; or II 1t shall charge, collect. receive from
tation Of any freight upon its railroad higher or
greater rate OF toll or compensation than it SHALL
at the same time charge. collect. or receive from
other person 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
or if it shall charge. collect receive
portation of any railroad or cars upon its rail-
road for any distance. the same or a greater
amount Of toll for compensation than is at the
same time charged. collected or received from any
Dner person or persons. for the and Transports
non OF any railroad car Of the same class or num-
per TOT like purpose. being transported in the
same direction. over greater distance of the same
or if it shall charge. collect or receive
from any person persons, for the use and trans
pOrtation Of any railroad car or cars upon its rail-
road, higher or greater rate of toll or cOmpensa-
non than SHALL at the same time charge, collect
Or receive from any other person for the
use and transportation of any railroad car or cars
of the same class or number for like purpose. be-
,ng transported from the same point, in the same
direction, over an equal distance Of the same
railroad; all such discriminating rates. charges. col
ections or receipts, whether made directly. or by
means OF any rebate. drawback or Other shift or
evasion, shall be deemed and taken against such
railroad corporation, prma facie evidence of the
unjust Determinations prohibited by the provisions
of this act. and it shall not be deemed sufficient
The part of such railroad corporation. that the rail-
way station or point at which they shall charge.
collect or receive the same or less rates of toll
for the transportation Of such pas
senger or freight or for the and transportation
Df such railroad car the greater distance than for
The shorter distance, is railway station or point
1t which there exists competition with any other
'airoad or means of transportation This section
shall not be construed SO as to exclude other evil
tence tending to show any unjust discrimination in
freight and passenger rates. The provisions Of this
section shall extend and apply to any railroad the
railroad corporation has the right, license per-
mission to use, operate. or control. wholly or in
part within this State. PrOrided. however. that
nothing herein contained shall be so construed as
TO prevent railroad corporations from issuing COM
mutation, excursion. or thousand mile tickets as
the same are now issued by such corporations.
Sec d. Any such railroad corporation guilty Of
to passenger freight rates. or the rates for the
use and transportation of railroad cars or in re-
ceiving, handling or delivering freights SHALL upon
conviction thereof: be fined in any sum not less
five thousand dollars ($5OOO). for the first Offense
and for the second offense not less than five thou
sand dollars $4,000. nor more than ten thousand
than ten thousand dollars ($1OOOO) nor more than
twenty thousand dollars ($20.OOO; and for every
subsequent Ofense and conviction thereof. shall be
liable to fine Of twenty-five thousand dollars
either party shall have the right Of trial by jury
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
rs to extOrtion and unjust discrimination, and as
to passengers and freight rates, and rates for the
use and transportation Of railroad cars, and for
upon the trial Of any cause instituted under
this act, the jury shall find for the people, they
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 one thousand dol
lars ,OOO). nor more than five thousand dollars
5000. and the court shall render judgment &C.
cordngy: 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
aant at any sum not less than five thousand dollars
,OOO), nor more than ten thousand dollars
$4,000; and the Court shall render judgment &C
cordngy 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 extortiOn unjust discrimination,
they shall return such finding with their verdict,
amount Of the fine to be imposed upon the defen-
1ant at any sum not less than ten thousand dol
lars $1,000 nor more than twenty thousand dol
lars $50 OOO); and in like manner for every subse
luent Ofense and conviction such defendant shall
be liable to a fine Of twenty thousand dollars
$OOOO): Provided that in all cases under the pro-
visions Of this act preponderance OF evidence in
av0r of the people shall be sufficient to authorize
verdict and judgment for the people.
Sec. .. II any such railroad corporation shall, in
of any of the provisions of this
act, ask demand, charge. or receive OF any person
for the transportation Of any. passengers, goods,
merchandise, or property, or for receiving, hand
ing, or delivering freights, or shall make any un-
Just discrimination against any person or corpora
hon in its charges therefor, the person or corpora
ion SO offended against may, for each Ofense, re-
cover 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
ixed by the Court where the same is heard, on APP
peal or otherwise, and taxed as part of the costs of
he case.
SEC. Z. It shall be the duty of the Railroad and
Warehouse Commissioners to personally investi-
gate and ascertain whether the provisions of this
let violated by any railroad corporation in this
State, and to visit the various stations upon the
inc Of each railroad for that purpose, as often as
and whenever the facts, in any man.
her ascertained by said Commissioners, shall In
heir judgment warrant such prosecution, It shall
De the duty of said Commissioners to imme-
lately cause suits to be commenced and
against any railroad corporations which
nay violate the provisions Of this act Such suits
md prosecutions may be instituted in any county
n this State, through into which the line Of the
abroad corporation sued for violating this act may
,xtend. And such Railroad and Warehouse Com
niseioners are hereby authorized, when the facts
II the case presented to them shall in their judg
nent, warrant the commencement OF such action,
o employ counsel to assist the Attorney General
n conducting such suit on behalf of the State. No
uits commenced by said Commissioner shall be
dismissed, except said Railroad and Warehouse
and the Attorney General shall
CrC T,ho r3ss,-osa .rd warohonao Cnyny,;.