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


posed upon the defendant, at any asnm.
not less than one Thousand dollars
($l ,000) nor more than five thousand
dollars $4,000, and the court shall
render judgment accordingly; and IL
the jury shall find for the people, and
that the defendant has been once be-
fore convicted Of s violation of the
provisions of this act. thew shall re.
turn such finding with their verdict,
and shall assess and return with their
verdict the amount of the fine to be
imposed upon the defendant, at any
sum not less than ave thousand dol
lars 5,0OO), nor no more than ten
thousand dollars [1lO,0OO; and the
court shall render Judgment accord.
ingly; and If the jory shall find for
the people, and that the defendant has
been twice before convicted of vio-
lation Of the provisions of this act,
with respect to extortion or unjust
discrimination, they shall return such
finding with theirs verdict and shall
assess and return with their verdict the
amount of the fine TO be imposed up
on the defendant, ct any sum not less
than ten thousand dollars ($lO,OOO),
nor more than tweaty thousand dol
lars 1000; and u like manner for
every subsequent o6ense and convic-
ton such defendant shall be liable to
fine of twenty thousand dollars CO.
0OO); Provided, That in all cases un-
der the provisions Of this act prepon-
dcrance of evidence In favor, of the
people shall be sufficient to authorize
a verdict and judgment for the peo-
pie. 1T l
Sec. 6. If any such railroad corpor-
alton shall, in violation Of any of the
provisions of this act, demand, charge,
or receive of any person or corpora
ton any extortionate charge or charges
for the transportation of any passen-
gers, goods, merchandise, or property,
or for receiving, handling, or deliver
ing freights, or shall make any unjust
discrimination against any person or
corporation in its charges therefor, the
person Or corporation so offended
against may, for each offense, recover
of such railroad corporation, in any
form of action, three times, the amount
of the damages sustained by the party
aggrieved, together with the costs Of
suit and q reasonable attorneys fee, to
be fixed by the Court where the same
is heard, on appeal or otherwise, and
taxed as part Of the costs of the case.
Sec. Z. It shall be the duty of the
Railroad and Warehouse Commission
ers to personally investigate and as
certain whether the provisions of this
act are violated by any railroad cor
poration in this State, and visit the
various stations upon the line of each
railroad for that purpose, az often "a
practicable; and whenever the facts
| in any manner ascertained by said
Commissioners shall, in their judg-
ment, warrant such prosecution, it
shall be the duty of said Commission
ers to Immediately cause suits to be
commenced and prosecuted against
any railroad corporations which may
violate the provisions of this act.
Such suits and prosecutions may be
instituted in any county in this State,
through or into which the line of the
railroad corporation sued for violating
this act may extend. And such rail-
road and Warehouse Commissioners
are hereby authorized, when the facts
of the case presented to them shall. in
their Judgment, warrant the COM
mcncement 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 dismiss
ed, except said Railroad and Ware
house Commissioners and ATTORNEY
General shall consent thereto.
SEC. 8. The Railroad and Warehous
Commissioners are hereby directed to
make for each of the railroad corpo-
rations doing business in this State, as
soon as practicable, a schedule of reas-
enable maximum rates Of charges for
the transportation Of passengers and
| freight and cars ON each of said rail-
roads; and said schedule shall, in all
suits brought against any such rail-
road corporation, wherein is In any
way involved the charges of any such
railroad corporation, for the transport
tafton OF any passcnso. " Hcsgus, vs
cars, or unjust dlscrimlhation IN reia-
ton thereto. oe aeemed ana taken, ~
all courts OF TINS ota.e, as prsMa 1ocss
evidence tnai the rates .nereln nxea
are reasonable InaAlnuM Iatcs "
charges Ior cne IIahspolta.on OF pas.
sengers anu iIgign.s anu ~ Gass upon .ne
railroaus Ior Wnic .! salu scneuulsS may easy
nave Dse. respecLls1,y pIepare ~ oS =,
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scheouies' Wnen sucn scnsoules snai'
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mlssioners 70 cause pnDncaI:on tnereo.
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