Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1873-05-16
The New Railroad Law of Illinois.

~
below the full text Of the Railroad law re-
Gently enacted by the Legislature of Hi
nois:
A BILL for an act to prevent extorton and unjust
discrimination in the rates charged for the trans
portation Of passengers and freights railroads
in this State, and to repeal an act entitled IAN
Act to prevent unjust determinations and extor-
tons in the rates to be charged by the different
railroads in this State for the transportation of
freights on said roads, approved April Z, n. ID.
1871.
SECTION 1. Be IL enacted by the People of the
State of Illinois, represented in the General Assem-
6ty, II any railroad corporation, organized or doing
business in this State, under any act Of incorpors
ton, or general law of this State, now in force,
or which may hereafter be enacted, or any railroad
corporation organized, or which may hereafter be
organized under the laws OF any other State, and
doing business In this state, shall charge, collect
or demand, or receive more than fair and reason
able rate OF toll compensation for the transpor
tation of passengers or freight, OF any description,
or for the use and transportation OF any railroad
upon its track, 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 Of extor-
ton, and upon conviction thereof, shall be dealt
with as hereinafter provided.
SEC. =. II any railroad corporation aforesaid
shall make any unjust discrimination in its rates
charges OF toll, or compensation for the transpor
tation OF passengers or freight OF any description
or for the and transportation OF any railroad
car upon its said road, upon any branches there
OF, or upon any railroads connected Herewith,
which it has the right, license, or permission to
shall be deemed guilty of having violated the
PROVISIONS OF this act and upon conviction thereof
shall be dealt with as hereinafter provided
SEC g. II any such railroad corporation shall
charge, collect, receive for the transportation OF
any Passenger, or freight of any description upon
its railroad for any distance within this State, the
same, or greater amount of toll or compensation
than is at the same time charged, collected
ceived for the transportation, in the same direction,
for any passenger or like quantity Of freight Of the
same class, over greater distance of the same
railroad or If 1t shall charge collect receive at
any point upon its railroad higher rate of toll
compensation for receiving, handling or delivering
freight of the same class like quantity, than it
shall at the same time, CHARGE collect receive at
any other point upon the same railroad or If 1t shall
charge collect receive for the transportation of
any passenger, or freight Of any description,
Its railroad, greater amount OF toll or compense-
tion than shall, at the same time, be charged, col
ected or received by it for the transportation OF
any passenger, or like quantity of freight of the
same class, being transported in the direction
over any portion OF the same railroad OF equal dis
tance; or il shall charge collect receive from
any person or persons, higher or greater amount
OF toll or compensation than it shall, at the same
time, charge collect receive from any other per-
or persons for receiving, handling delivering
| freight OF the same class and like quantity at the
same point upon its railroad; or 1t shall charge,
collect or receive from any person or persons FOR
the transportation Of any freight upon Its railroad,
higher or greater rate of toll compensation than
it shall, at The same time charge collect receive
from any other person or persons for the ranspor-
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 same
| railroad; or IL it shall charge, collect or receive
from any person or persons, for the use and trans
portation OF any railroad upon its rail-
| road for any distance, the same or a greater
amount OF tollfor compensation than is at the
same time charged collected or received from any
other person persons for the and transpOrta-
ton OF any railroad of the same class or num-
ber, for like purpose, being transported in the
same direction, over greater distance Of the same
railroad; or II II shall charge, collect or receive
from any person or persons, for the and trans-
portaton Of any railroad car or cars upon its rail
n nr a RAJ M ~
on than 1t shall, at the same time charge collect
or receive from any other person or persons for the
use and transportation of any railroad car or cars
| or the came class or number for a like purpose,
being transported from the same point, in the same
direction over an equal distance Of the same rail
road; all such discriminating rates charges cOllec-
| tons 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 as prima facie evidence OF
| the unjust determinations prohibited by the pro-
visions Of this act and 1t shall not be deemed a
sufficient excuse or justification Of such discrim-
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 or freight or for the use and
transportation OF such railroad the greater dis
tance than for the shorter distance, is railway
| station point at which there exists competition
| with any other railroad or means OF
transportation This section shall not
be construed as to exclude other evi-
dence tending to show any unjust discrimination
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 In
part within this State. Prouided 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 A. Any such railroad corporation guilty OF
| extortion, or Of making any unjust discrimination
to passenger freight rates, or the rates for the
use and transportation Of railroad cars, or in re-
| handling delivering ffelnltR
upon conviction thereof, be fined In any sum not
less than one thousand dollars $1,000, nor more
than five thousand dollars ($5,OOO), for the first
offense; and for the second otfense not less than
hve thousand dollars $4,000, nor more than ten
thousand dollars ($O0 0OO) and for the third oense
not less than ten thousand dollars (S10,OOO) nor
| more than twenty thousand dollars (S20,OOO) and
for every subsequent Offense and conviction there
sns ee SS9 to Ss 81 WfRyTe fba IN ali eassa
under this act either party shall have the right OF
| trial by jury.
SEC 5. The Anes 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 extortion 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 freighls II,
anon inc ia OF any & cause Sc hsHe1 t e u9Ser tSeT
| shall assess and return with their verdict the
| amount of the fine TO be imposed upon the defen-
lars ($1 ,0O0) nor more than Ave thousand dollars
$4,000, and the Court shall render judgment ac-
cordngly, and II the jury shall find for the people,
and that the defendant has been once before con-
| yiced Of a 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 Ave thousand dollars
| 5000, nor more than ten thousand dollars
10000; and the Court shall render Judgment ac-
| oordingy; and II the jury shall find for the people,
and that the defendant has been twice before con-
ylcied OF violation Of the provisions Of this act
with respect TO extoriion or unjust discrimination,