National Republican. (Washington City (D.C.)) 1872-1888, 1874-07-18
GENERAL NATURE-No. ST.

ldENERAL NATURE-NO. 81.
An ACT masking additions to the fifteenth Sec
ton of the act approved July 2, 1864, entitled
''An act to amend an act entitled IAN act to
q. aid in the construction of railroad and tele-
graph line from the Missouri River to The
PsSi6e Ocean, and to secure to the Govern
ment the use of the same for postal, mill
1852"
BE 4 enacted by the Senate and House of Rsp-
resentGtigss Of TIE United States Of America fis
Congress assembled, That there shall be, and
is hereby, added to the fifteenth action Of the
act approved July seeGzli, Eighteen hundred
and sixty entitled "Ap act to IT, n
act entitled San act to aid in the Construction
! p railroad and telegraph line from the Mis-
souri, River to the Pacific Ocean, and to secnra
to the Government the use of the same for
postal, military, and other purposes, approved
July first, eighteen AQnSTs9 and sixty TWO, p the
following words, namely: "And any 6fnGer 6f
agent OF the companies authorized to con-
struct the aforesaid roads, or of any company
engaged In operating either Of said roads,
who shall refuse to operate and use the road or
telegraph under his control, or which he is en-
gaSed N operating for ell purposes of commn-
6icatfon, travel, and transportation, so far "a
the public anu the Government are concerned,
a. one continuous line, or shall refuse, In such
operation and use, to afford and secure to escH
to rates, time, or transportation, without any
discrimination of any kind in favor of, or ad-
verse to, the road or business of any or either
Of said companies, shall be deemed guilty of q
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 re-
fusal of the Union Pacific Railroad Company,
or either Of said branches, to comply with the
requirements of this act and the acts tn which
this act is amendatory, the party injured or the
company aggrieTed may bring an action 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 refusal;
and, upon recovery, the plaintiff shall be en-
titled to judgment for treble the amount of all
excess of freight and fares collected BY the de-
fendant, and for treble the amount of dam
ages sustained by the plaintiff by such faiiurcor
refusal; and for each and every violation Of or
failure to comply with the requirements Of
this act, new cause Of action shall arise; and
in case of suit in any such Territory, Districtdr
circuit, process may be served upon a1y-agent
of the defendant found in the Ter dIs-
triet or circuit in which SUCK bv t6t iourt
brought, and such service sbs' ~ & a. hereby
held to be good and suflScI,r-rT,o If aid act
provided that for all opV fSsreof he rail,
.IEs = = ~. Pacific Railway and Tee-
D ISy y SoS555Sas shall Be deemed aP9 tskep 2
=. Pn.rf ~ artefsion of the read OF the Nam
" ~ ~ oisc -SJIroad to- lAe point Of junction
'Ssrsof with tbe rorot the Union Paci6c Kali
n nefeSL m,a Cheyenne, as provided in the
,oa ~ S%Ssd third, eighteen hundred and six
Approved, June 20, ts74.