Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-08-13
[GENERAL NAruRr-No. So. |


AN ACT making additions to the fifteen tn
section of the act approved July 2, 1864.
entitled can act to amend an act entitled
An act to aid in the construction of a rail-
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 ap-
proved July l, 1862"
Be i enacted By the Senate and House of Rep
reseRtatiUes of the United States of America in
Congress assembled, That there shall be, and
is hereby, added to the fifteenth section of the
act approved July second, eighteen hundred
and sixty four, entitled can act to amend an
act entitled 'An act to aid in the construc ton
of railroad and telegraph line from the Mis-
souri, River to the Pacific Ocean, and to secure
to the Government the use of the same for DOS
tai. military, and other purposes approved
July hrst, eighteen hundred and sIxtY-two," I"
the following words namely: "And sny Off
Ger or agent of the companies authorized to
construct the aforesaid roads, or of any COM
pany 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-
gagged in operating for all purposes of commu-
nlcRtlon, travel and transportation, SO far as
the public and the Government are concerned
as one continuous line, or shall refuse, in such
operation and use, to afford and secure to each
of said roads equal advantages and facilities
as TO rates, time, or transportation, without
any QlScflGDlnhGIOn OF any K1nQ IN favor OF, or
adverse to, the road or business of any or
either of saic companies, shall be deemed gull
ty of misdemeanor, and, upon conviction
thereof shall be fined in any sum not exceed
ing one thousand dollars, and may be impris-
oned not less than six months. In case of
failure or refusal of the Union Pacific Railroad
Company, or either of said branches, to COM
ply with the requirements of this act and the
acts to which this act is amendatory, the par
tV injured or the company aggrieYed may
bring an action in the district or circuit court
of the United States, in the Territory, dis.
trict. or circuit 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
defendant, and for treble the amount of DANA
ges sustained by the plaintiff by such failure
or refusal; and for each and every violation of
or failure to comply with the requirements of
this act, new cause ofaction shall arise: and
in case of Fuit In any such Territory, district,
or circuit, process may be served upon any
agent of the defendant found in the Ter
ritory, district, or circuit in which such suit
| may be brought, and such service shall be by
the court held to be good and sufficient; and
| it is hereby provided that for all the purposes
of said act, and of the acts amendatory there
| of, the railway of the Denver Pacific Railway
and Telegraph Company shall be deemed an
taken to be part and extension of the road
of the Kansas Pacific Railroad, to the point O
| junction thereof with the road of the Unior
Pacific Railroad Company at Cheyenne, al
/ provided in the act of March third, eighteen
| hundred and sixty-nine.
! Approved June 90, 1874.