New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-16
GENERAL NATURE-No. 5S.l

An act making additions TO the fifteenth
| section OF the act approved July 2 1864,
entitled IAN act to amend an act entitled
An act to aid in the construction of a
railroad aud telegraph line from the Mis-.
souri, river to the Pacific ocean, and to Sc.
cure to the government the use of the
same for postal. military and other pur-
poses approved July l, 1862"
Be it enacted by the Senate and House of
Representatives OF the United States of
America IN Congress assembled. That there
shall be, and is hereby, added to the fit
teenth section or the act approved July Sec
ond, eighteen hundred and sxty-tour, emit
tied IAN sct to amend an act entitled
An act 10 aid in the construction Of rall-
road and telegraph line from the Missouri
river to the Pacific ocean and to secure to the
government the use of the same for postal,
military and other purposes approved July
first. eighteen hundred and sixty-two,b
the following words. namely: And any
officer or agent of the companies au-
thorized 10 construct the aforesaid roads.
or OF any company engaged in operat.
ing either of said roads. who shall refuse to
eperate and use the road or telegraph under
His control, or which he is engaged in oper-
atlng for all purposes of communication,
travel and transportation, SO far as the pub
lie and the government are concerned, as
one continuous line, or shall refuse, in such
operation AID use, to afford and secure to
each of said roads equal advantages and
facilities as to rates, time, or transportation,
without any discrimination of any kind in
favor of. or adverse to, the road or business
OF any or either OF said companies, shall be
deemed guilty of misdemeanor and, upon
conviction thereof, shall be fined in any
sum not exceeding one thousand dollars,
and may be imprisoned not less than six
months. In case Of failure or refusal of the |
Union Pacific Railroad Company OF either
OF said branches, to comply with the re- |
quirements of this act or the acts to which |
this act is amendatOry, the party injured or 4
the company aggrieved may bring an action 4
in the district or circuit court OF the United |
States in the Territory, district, or cir
cult in which any portion of the road
of the defendant may be situated, for
damages on account of such failure or re-
tusal; and upon recovery, the plaintiff shall
be entitled to judgment Tor treble the
amount Of all excess of freight and fares
collected BY the defendant, aud for treble
the amount OF damages sustained by the
pialhiin by such failure or refusal; and for
each and every violation OF or failrre to
comply with the requirements OF this act, a
ne" cause OF action shall arise; and in case
OF suit IN any such Territory. district or
circuit, process may be served upon any
agent OF the defendant found in the Terri
tory, district or circuit in which such suit
nay be brought, and such service shall be
BY the court held to be good and sufficient
md it is hereby provided that for all the
purposes OF said act, and Of the. acts
thereof. the railway Of the
Denver Pacific Railway and telegraph
company shall be deemed and taken TO be
. part and extension of the road of the
Kansas Pacific railroad, to the point of
JUNCTION thereof with the road of the Union II
'aci6c Railroad Company at Cheyenne, as
rovided in the act Of March third, eighteen
undred and sixty nine.
Approved June 20, 1874. l.