The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-11-09
An Act TO Establish N1axImum Rates
for transportation OF Marble upon
railroads pn this state.

| tnHb SssseG.
INTRODUCED BY SENATOR PROCTOR.
Section 1. No person. persons or corpo-
ration, operating, managing or running
railroad in this state, shall charge, demand
or receive In any way, from any person or
persons, firm or corporation for the trans
portation of marble --------o over
or upon any railroad In this state, rates
greater than the following, to-wit;
For the transportation of marble In
blocks, unsawed, for any distance not more
than five miles, thirty cents per ton Of
twenty-five hundred and forty pounds;
Exceeding five miles, and not more than
ten miles, fifty cents.
Exceeding ten miles, and not more than
fifteen miles, sixty cents.
Over fifteen miles, four cents per mile.
For the transportation of marble, sawed,
but not manufactured, for any distance not
more than five miles, thirty cents per ton
of two thousand pounds.
Over five miles, and not exceeding ten
miles. fifty cents
Over ten miles, and not exceeding fifteen
miles, sixty cents.
Over fifteen miles, four cents per mile.
And no person, persons OF corporation.
operating or running any railroad in this
state, shall demand, charge or receive for
the transportation Of the freight specified
in this act, over or upon the railroad so op.
Grated by such person, persons or corpora
ton, a sum greater than the rates charged,
demanded or received by such person, per-
sons or corporation during the month of
October, A. ID. 1874, for the transporta-
ton of such freight over or upon such rail
road. The rates permitted to he charged
by this act shall include all charges for the
use or transportation of cars in connection
with the transportation of such freight.
whether said cars shall be owned by the
person, persons or corporation operating
such railroad or not.
Sec. g The shippers or consignecs of
the freight specified in the preceding sec
ton of this act, shall not he required to
load or unload such freight, unless the cars
upon which such freight is transported are
delivered as conveniently as heretofore for
that purpose upon side tracks, or near the
mills where sad freight is to be delivered
to or by the person, persons or corporation
transporting the same, and unless the same
facilities as heretofore are given in regard
to the delivery of sach cars.
Sec, 3. ANY person, who as agen I or
otherwise, shall charge, demand, or receive
in any way, any sum greater than the rates
named in this act, for the transportation of
marble over or upon any railroad in this
state, shall be deemed guilty of INSIDE
meanor, and upon conviction thereof shall
be fined in sum not less than one hum
dred dollars nor more than five thousand
dollars, and shall be confined in the jail in
the county in which the offense is commit
ted until such fine shall be paid. The
states attorney of the county or the grand
Juror of the town in which such offence is
committed shall, upon complaint made,
prosecute persons committing such Of
fences, under the rules of law governing
prosecutions in other cases of misdemeanor.
Sec. 4. Any person acting as agent, con-
ductor or servant of any person, persons,Or
corporation operating any railroad in this
state, and in the usual course of business
of such railroad. receiving freight for trans
portation over or upon such railroad. who
shall refuse to receive or transport marble
over or upon such railroad upon the pay
ment or offer of payment of the rates
named in this act for tire transportation of
such freight, without good and lawful rea-
sons therefor, shall be deemed guilty of
misdemeanor, and shall be punished as is
preceding section of this act.
| Sec. 5. Any individual, partnership or
corporation, from whom sum greater
than the rates named in this act shall he
demanded or received for the transporta-
ton of marble over or upon any railroad in
this state, may have and maintain an ac-
ton of debt against the person SO demand
ing or receiving such excessive rates, or
against the persons or corporation for
whose benefit or in whose behalf such ex-
cessive rates were demanded or received,
and recover in such action three times
the amount Of such excessive charges.
And if any person or corporation operat-
ing such railroad, or anyIperson acting as
conductor, agent or servant of any person
or corporation operating such railroad, or
either of them, and in the usual course of
business of such railroad receiving freight
for transportation over or upon such rail.
road shall without good and lawful reasons
therefor refuse to receive or transport over
or upon such railroad, marble, upon the
payment or offer of payment OF the rates
named in this act, for the transportation
of such freight over or upon such railroad,
such person or corporation or such con.
ductor, agent or servant, shall be liable to
the person or partnership, or corporation
offering such freight for transportation,
for all damages occasioued by such refusal
to be recovered in an actien of the case be.
fore any court competent to try the same
and in such action the court may allow t.
the plaintiff recovering q judgment, In adj
, dition to costs now taxable by law, I
reasonable sum for attorney fees, to b'
taxed with the other costs in the case.
Sec. 0. This act shall take effect from
} it's passage.
Globes Montpelier COrrcsPOndence