Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1874-04-16


fof carrying such freight shall be computed from
where It is received, Notwithstanding il may pass
from one railroad 10 another.
Section 6. In no instance shall any such midi
viduai, company or corporation, Lessee or other
person charge or receive any greater rate or com
p nsatlon for carrying freight or passengers than
hereinbefore provided, and any Individual, com
pany or corporation violating, or, in any way
eyading the provisions of this act shall forfeit all
right to recover or receive any compensation
whatever Tor the service rem cred wherein sucn
violation Is attempted, and every agent
OF any such corporation, lessee or 9th
or individual operating any railroad within
this state who shall refuse to receive for transport
tatlon over the road for which he is agent, in the
usual way, any of the articles herenbetore
mentioned ON account of the compensation here
inbefore prescribed being too low, or, receiving
any such articles OF freight shall charge or attempt
TO charge Tor the transportation OF the same, any
greater sum than herein fixed, or shall in any
manner violate or attempt 10 violate or evade the
provisions OF this act shall be deemed guilty ~ a
misd0meanor, and on conviction thereof shall pay
nae OF not exceeding two hundred collars lof
each and every ofcnse, and the injured party shall
have a right of action against said agent, or
against the railroad company or other persons OPP
Grating the railroad. or both IN which ne snail ne
entitled to recover three times the amount taken
CT received from him in excess OF the rates pre-
scribed by this act
Section Z. Jusllces of the peace shall have con
current juri diction with the circuit court In all
prosecutions for violation of this act, with fuli
power and suthority 20 impose fines, and TO the
| same extent ne the circuit court and the defend
ant shall have the right Of appeal as IN other cases
tried before juaces of me peace, ard justices OF
the peace shall also have Jurisdiction IN all civil
cases under this act whenever the amount claimed
! does not exceed two hundred dollars.
Section The governor shall, on or before the
first ~ OF May, 1874, by and with the consent OF
| the senate, appoint three railroad commissioners,
| one for term OF one year, one for term OF two
| years, and one for term of three years, whose
/ term OF office shall )mmence on the first day OF
May, and shall each year thereafter on the first day
OF May, appoint one railroad commissioner for the
term OF three Years, said railroad commissioner TO
|
| said appointment; but no person owning any
bonds, stock or property ia any railroad or III the
| employ of any rail- DAD company or in any way or
| manner Interested in railroads shall be SO APP
/ pointed.
Section9. Said railroad commissioners shall have
power TO administer oaths or aftrmations, to send
1 for persors papers under such regulations as
/ they may prescribe, and shall at any and all
times have access TO any and all books and papers
In any railroad Office kept for and used in Tail
| road office by any railroad company in this state
| Section 10 Said railroad commissioners, in max
! ing any examination contemplated IN this act,
for the purpose Of obt9ining information pursuant
10 t5is act, shall have pOaer TO Issue subpWnas for
/ the attendance Of witnesses by such ruler as they
/ may prescribe. In any person shall willfuly
fail or refuse 10 obey such subpoena it shall he tire
duty of the circuit court of any county, upon APP
pIication of the said commissioners to issue an
attachment for such witness and compel such Wit
ness to attend before the commissioner. and give
his testimony upon such matters as shall be law.
| fully required by such commissioners, and said
court shall have power 10 punish for contempt as
in other cases of refusal to obey the process and
| order OF such court.
Section II Any person who fhall wilfnlly neg
ect or refuse to obey the process of subpoena is-
| sued by said commissioners, and appear and tes-
tify as therein required. shall be deemed guilty oil
a misdemeano- and shall be liable TO arrangement
and trial in any court of competent jurisdiction
and on conviction thereof shall be punished ioI
such ofeuse by a fine not less than nifty dollar
nor more than five hundred dollars; or by impEls
oDment OF not more thsn thirty days, or both, IN
the discretion of the court before which such con
vietion shan be had.
Section u Said railroad commissioners shall
during the month of January in each year, ascer
tain aud make to the state treasurer here
matter provided list The actual cost of each
railroad in this state up to and including the Bis
day Of the next preceding December, and II auct
railroad shall be partly in and partly out o. ihi'
state, then the actual cost OF so much thereon as
in this End. The total gross receipts resulting
from the operation Of every such railroad during
the next proceed ny year ending on the 3lst Gay Oh
December, or OF that part OF the SO ME which Is in
this state 3rd. The total net earnings resulting
from the operation Of any such railroad during the
next preceding year, ending on the 3lst day OF De
cemher or OF nat part o. the same Whch n IN thls
state 4th. The total interes bearing Indebtedness
of the company owning or operating such railroad.
and he amount OF interest PAID by such company
duiing the next preceding year ending on the 3lsl
day OF December, aud if any part OF such indebr-
edneSs mas Deen incurred III consequence OF tht
COZ struction III tintenance, repair, removal or op
Grafton of any part of such railroad which is not
In ths state, or for equipment for such part, such
railroad commissioners shall ascertain and deter
mine in such manner as they shall think just and
equitable how much Of It's Indebtedness IL justly
eli trEedDie 10 that pafl OF rdir0Ad That Is IL
this state, ami how much interest shall have been
paid Ivy guch company during such year ending on
the 3lst day OF the next preceding December, or
that part of such Indebtedness which Is justly
chargeable TO that part of said railroad that is ia
this STATE The board of commissioners shall pre-
scrihe the form and manner in which all Ieports
required from railway compaDies under the pro
visions of this act shall be mad, and suitable
blanks for that purpose, by said commissioners
directed. shall ne provided for By the secretary of
state. The records of said board shall al al! times
be open TO inspection by the governor, secretary
Of state, attorney general and legislature.
Section -. SAID tailrCad commissioners shall
heye power TO classify all articles OF freight trans
ported on any railroad, or parts of railroad.
cxcep. the articles herein placed il spe-
| cial Classes d, Is. q and H. placing
said articles in either of the general classes here
in provided for, or in any Of said SPECIAL classes.
| except classes D. Il, q and H. and are further en-
powered and authorized to reduce said rates or
any OF said railroads or parts OF railroads. either
! III general or special classes when n their jgdg-
/ ment or msj0rity Of them, il can be done with
/ out injury to such railroad
Section IA. Any Individual company, or corpo-
/ ration, owning operating, managing or leasing
any OF said railroads or parts OF railroads, SHAH be
/ hound by the decision of suca raiiroaG commits
/ orefs, or MAJ ri'y q them. with reference TO
/ said faies, and every violation by said Individual
! company or corporation harging a greater
/ higher rate shall be deemed gnilty of n INSIDE
mcanOr. and on convection thereof shall pay q
hne OF not exceeding Two hundred dollars for each
ana every ohens2 and the nJared party shali have
q right Of action against said individual railroad
company corporation operating SAID railroad
In which he shall be entitled to recover three
times the amount tax 3n or received from him in
excess OF toe rates prescribed by This act 10 be
recovered as provided IN section seven oil thi- set.
SecIipn 10. Heore entering upon the dntes ot
his Office, each of said commissioners shall make
ana subsor be and lie with The secreiary OF STATE
an affidavit in the following form = do solemn
~ swear tor affirm that will support the consti
tdton If the Uaited States and the constitution OF
tile state Of Wisconsin, aud that VIII faithfully
discharge the dunes OF railway commits .ioner nc
cOrdtug 10 the best OF my ability that | am not g
sockhoider. officer or emplGye oil any railroad or
fraf
~, aud shall enter into bonds with security % be
approved by the governor, in the sum OF twenty
thousand dollars. conditioned for the isithf1l per
torrance Of his daty such commissioner.
Section Is. Each of said commissioners shall !
receive for his service not exceeding twenty five
hundred dollars per aBnum, paysbe qaartsfly, |
and three dollars perday for travelling expenses |
for each and every day actually travelled in the |
performance OF the duties herein required; he shall
be FUR shed With Office, iurnitaTe and sta inI-
cry and necessary books and maps II the expense |
Of the state. The Office OF said Commsst oner |
shall DC kept at Madison, and al Gums Of money |
authorized tn be paid By tins act out Of the state
treasury only on the order of the governor pro |
vded, that the total sum Of mo, ey 10 be expended
by said commissioner for Office rent iuruiture |
and stationery, shall III case exceed the total |
sum of eight hundred dollars per annum
Section II. The commissioners shall have the |
right OF parsirg, n the performance Of their du-
ties Cohceiuing railroads, on all railways and rail
way trains ia this state free OF charge.
Section IS. Nothing contained IN this act shall /
be taken &c in any manner abridging or controli-
I'M the rates for ffegbt charged by any railroad |
company in this state for carrying freight which
comes from beyond the boundaries of the state,
and TO be carried across or through the state, but
SAID railroad cOmpae IS shall possess the ZANE
powe- 8nd tight 10 charge such rates for carrying
suCh freight as they pOrses-ed before the pas. age
Of this act.
Section 49, THIS act shalt take effect and he in
force from and after it, passage aud publication.
approved March II, io74
Published March 7. 1s74l
CHAPTER i0I
AN ACT relating TO embeZzlement by carriers, !
and amendatory OF section 28 OF chapter 165 o. !
the revised statutes.
TIM people of the state Of Wisconsin represented |
i'll senate and assembly, do enact Is follows:
Section /. section tweaty-elght OF chap !