Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1874-03-13

ROAD corporation TO charge, demand or
receive greater compensation for trans.
porting goods, merchandise or property
over line of railroad of class "B' than
one hundred and five per cent. IF the
rates established in the schedule of sec
ton three of this act, and 1t shall be un-
lawful for any railroad corporation to
charge, demand or receive q greater
compensation for transporting goods,
merchandise or property over line of
railroad Of class &C" than one hundred
and twenty per cent. of the rates estab
in the schedule of section three of this
act.
Sec 5. The following classification of
freights, explanatory to the preceding
schedules, shall taken and held to be the
classification in force in this State, under
the provisions of this act. (See CLASH
fication of frcights.)
Sec. 6. Every railroad corporation do
ing business in this State, shall prepare
and keep posted in each of it's freight and
passenger Offices, a copy of the foregoing
classification of freights, together with a
true copy of the schedules of rates OF
freight and passenger tariffs under which
said road may be brought by the forego-
ing classification
Sec. Z. 1t shall be the duty of each
railroad corporation operating railroad
in this State during the month of Janu-
airy, 1876, and each and every year there
after, to make and return to the Govern
or statement of its gross receipts on its
entire road within this State for the year
preceding and ending with the 31st of
December. Said statement shall be sworn
to by the president and superintendent
of the road in this State, and shall con-
tain detailed statement of the entire re-
ceipts for transporting freight and pas.
sengers, and all other sources of income
of the road. 4 .failuresto comply with
the provisions of this section shall sub
ject the corporation so failing to penal
W of one hundred dollars per day, for
each and every day after such report is
due until it is made; to be recovered in
nm action in the name Of the State of
Iowa, for the benefit of the school fund
If the executive council shall, on exam
nation, be satisfied of the correctness of
said return, it shall be their duty to class.
| ify the different railroads in this State as
hercinbefore provided, and the Governor,
when there shall be any change in CLASH
| ficatiOn, shall issue certificate to any
corporation or corporations affected by
such change. certifying to them the class
to which they are respectively assigned.
And any change of rates made by any
railroad corporation pursuant to any
change of classification, shall take effect
and be in force from and after the 4th
day Of July following such changes. The
reports from the railroad corporations of
this State for the year 1873, made pursu-
ant to the provisions of section 1880 of
the Code shall determine the classified
ton of each road for the year ending
July Sd, 1875.
Sec. 8. Where any prosecution or ac-
ton for the violation of any of the pro
visions of this act in relation to the trans
portation of passengers or freight, shall
be commenced, it shall be the duty of the
Governor, when notified thereof, and re-
quested by the person or persons COM
mencing the prosecution, or action, sup.
ported by Il recommendation of at least
twenty tax payers Of the county where
the violation occurred, to employ suita-
bic counsel, if he deem it necessary, to
conduct or assist in conducting the same;
and the sum of ten thousand dollars, or
much thereof as may be necessary, is
hereby appropriated out of any money in
the treasury, for compensation for such
counsel, and to pay any incidental ex-
penses necessary to carry on said prose
cution or action. Such compensation
and incidental expenses shall be audited
and allowed by the Auditor Of State on
the certificate OF the Executive Council
that services were actually performed,
and such incidental expenses necessary,
and that the sums in such certificates
were reasonable for the services render
ed. And when thus certified and allow
cd, it shall be PAID by the Treasurer of
State out of said appropriation, less what
ever amount n,s he allowed by the
court or courts ana included in the judg-
ment as attorneys fees.
Sec. 8. AlcOLnecting railroads in this
State, operated or controlled by the same
person or company, under lease or other
wise, shall for the purposes of this act, in
computing distances, be regarded Us one
road.
Sec 10. No railroad company shall
charge any person, company or corpora
ton for the transportation Of any prop
: erty, greater sum than it shah at the
same time charge and collect from any
other person, company or corporation
for 4 like service, and upon like condi-
tions, and all concessions of rates. draw
backs, and contracts for special rates
founded upon the demands of commerce
and transportation, shall be open to all
persons, companies and corporations
alike, land the same shall be posted in a
public place at each station where the
same shall take effect not less than ten
days before any such rates shall be estab
llshed and carried out.
Sec. H. All railr Dad companies are
hereby required to transport the cars OF
corporations or Of individuals when such
demand is made, with all reasonable dis
patch and for compensation not ex-
ceeding the lowest charges for similar
transportation Of their own cars on any
part of their own line, in any direction,
and for an equal distance.
Sec. 12 Any officer, agent or employ.
ee Of any railroad company, person or
corporation, operating a line of railroad
within this State, who shall violate or be
party to the violation of any OF the pro
, vision of this act, or instrumental therein,
shall be guilty of misdemeanor, and
shall, ON conviction thereof be punished
for every offence by fine not less than
twenty dollars, nor more than one hun
dred dollars, and by Imprisonment not
less than five nor more than thirty days;
or any such person, corporation or rail
road company as aforesaid, who shall au
thorize, direct, cause, permit or allow
any violation Of the provisions of this
act by any officer, agent or employee,
such railroad company, person or corpo
/ ration shall forfeit and pay to the person
injured, five times the amount Of compen
sation, or charge Illegally taken or de-
mandcd, or five times the amount of dam
age caused as the case may be, to he re-
covered with reasonable attorneys fee
by such person in civil action in any
court or before u justice of the peace, as
| the case may be, of this State; and if an
, appeal be taken from the judgment or
any part thereof, it shall be the duty OF
the appellate court to include in the judg.
ment an additional reasonable attorney s
fee for the services in the appellate court
or courts; and for every such violation
such railroad company, person or corpo'