The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-04-25


operation OF any part of such railroad which is not
III TINS state or for equipment for such part such
failfoad commissioners shall ascertain and deter.
niue IN such manner as they shall think just and
equitable how much of its Indebtedness is Justly
chatgeable to that part of said railroad that is in
TINS state, ana how much interest shall have been
palo 10y such company during such year ending
the DIST Gay OF the next preceding December or
t1at part OF such Indebtedness which is Justly
chargeabe to that part OF said railroad that is in
this state. The Board of Commissioners shall pre-
scribe the form and manner in which all reports
required from railway companies under the provi
sIons of this act shall be made and suitable blanks
Tor that purpose as by said commissioners direct
ed sball be provided for by the Secretary of State
The records OF said board shall at all times be open
to inspection by the Governor, Secretary of State
Attorney General and Legislature
Section ID. Said railroad commissioners shall
have power to classify all articles of freight trans
ported on any railroad except the articles herein
placed IN special classes D. +, g and H. placing
SAID artlces III either Of the general classes herein
provided for, o. in any of said special classes,
cept classes d, f, g. and II, and further en-
powered and authorized to reduce said rates on
any OF said railroads parts of railroads, either
IN general or special classes, when in their judg-
ment, or majority of them, it be done with
out INJURY to such railroad.
Section IA Any individual company or corpo-
ration, owning operating, managing or leasing
any CT SAID railroads or parts of railroads, shall
be bound by the decision of such rail
ROAD COMMISSIONERS, or majority OF them
with reference to said rates. and every violation
by SAID individual, company corporation cbarg-
OF 1nlsdenc anor and on conviction thereof shall
pay tine OF not exceeding two hundred dollars for
each and every offense and the injured party shall
have right of action against said individual rail-
ROAD company or corporation operating said rail-
read, III which he Ia be entitled to recover three
times the amount taken or received from tlm in
excess OF the rates prescribed by this act to be re-
covered as provided i'll section seven of this act
Section 10. Before entering upon the duties of
his office each of SAID commissioners shall make
| and subscribe and file wi the Secretary of State
| an affidavit in the following form {" do soIemnly
swear (or affirm that 1 will support the constitu-
ton OF the United States and the constitution of
the state of Wisconsin, and that with faithfully
! dlschargethe duties of railway commissioner ac-
| cording to the best of my ability; that am not a
stockholder, officer or empoye of any railroad or
! freight company, IN any way interested there
in" and shall enter into bonds with security an
| proved by the Governor, in the sum of twenty
thousand dollars conditioned for the faithful per-
| Torrance of his duty such commissioner
Section Is Each OF said commissioners shall re-
ceve Tor his service not exceeding twenty five hun
! dred dollars per annum, payable quarterly, and
three dollars per day for travelling EXPENSES for
each aud every day actually Travelled in the perfor
| nance of the duties herein required he shall be
furnished with an Office, furniture and stationery
and neces sary books and maps at the expense of
the state. The office of said commissioner shall he
kept in Madison, and all sums OF money authorized
to be paid by this ac out of the state treasury only
| on the order of The Governor, provided that the
total sum Of money to be expended by said commits
sioners for office rent, furniture and stationery.
shall not exceed the to tai sum OF eight hundred
dollars per annum.
Section H. The commissioners shall have the
right OF passing in the performance of their duties
concerning railroads, on all railways and railway
trains in this state free of charge
Section IS. Nothing contained in this act shall
be taken as III any manner abridglng or controlling
the rates freight charged by any railroad com
pahy IN TINS state for carrying freight which
from beyond the boundaries OF the State, and to be
carried across or through the State but said rail-
road companies shall possess the same power and
right to charge such rates for carrying such
cd hafo .h, -
act.
Section 10. This act shall take effect and be in
force from and after its passage and publication.
Approved March 11th 1874
Published March 25, 1874
CHAPTER o4I.
AN ACT in relation to Railroads
The people OF the State of Wisconsin, represented
IN Senate and Assembly, do enact as follows:
Section L All railroads which have been hereto
fore or may he hereafter created by virtue OF any
general or special act within the limits of this
State, are hereby declared to be public highways
and ell railroads or other transportation companies
heretofore or hereafter to be created INCORPORATED
or organized by any law general or special of this
state, are hereby declared common carrieJs and
shall receive and transport each others passengers
tonnage or cars, loaded or empty without unrea-
sonable delay or unjust discrimination and perish
do'e property shall have the preference in trans
p0rtation.
Section q. All individuals, associations and cor
poratlons shall have equal right to have persons
and property trans orted over railroads and no
undue or unreasonable discrimination shall be
made in charges for in facilities for transports.
ton OF freight or passengers within the stare, or
coming from or going to aGv other State, but ex-
cursion and Communication tickets may be issued at
special rates.
Section 3. No railroad or other corporation, OF
the lessoeS purchasers ct 1nas RS of any railroad
corporation shall consolidate the stock properly
or franchises of such corporation with or lease or
purchase the works or franchises of, or in any way
control any other railroad corporation, owning or
having under its control parallel or competing
Ine nor shall any officer of such railroad corpora
ton act as an officer OF any other railroad corr ora
ton owning or having the control of parallel or
competing lines, and the question whether rail-
roads are parallel com petinG lines shall when
demanded by the complainant, he decided by a
jury as IN other civil issues provided. that the
provisions of this section shall not apply to any
contracts now existing. where one corporation has
become responsible for the liabilities of another
either by advance heretofore MADE or by the guar
anty OF bonds previous to the passage of this act
Section 4 No president, director, officer, agent
or employe of any railroad or transportation COM
pany shall be interested directly or indirectly in
the furnishing OF material or supplies to such
company, or III the business of TRANSFORMATION as a
common rrlsr of treights oc passengers over the
works Owned leased, controlled or worked by such
company.
Section 5. No discrimination in charges or facil-
ltles Tor transpor tation shall be made between
transportation companies and individuals. or in
favor Of either by abatement, drawback or other
wise, and no railroad company or any lessee, man
ager or employe thereof shall make any preference
IL furnishing cars or motive power
Section 6. Railroad, railway and transportation
companies are hereby prohibited from granting
free passes or passes at discount to any state Off
Ger, Judge of the Supre Court Judge of the Cir
cult Court, or Judge of any court of record, or
member of the Legislature elect, provided that
his section shall not be construed to prohibit any
one from purchasing one thousand $1,000 mile tick
cts or other c0mmutation tickets at the regular es-
tablished rates
Section 7. ANY officer, agent or employe of any
railroad or transportation company violating any
of the provisions of this act shall be deemed guilty
OF misdomeanor and upon conviction thereof
shall be punished by fine imprisonment or by
both fine and imprisonment, such fine not TO be
less than five hundred dollars (s50000) For to ex-
coed five thousand dollars 49, 100000 and such i'm
prsonment not to be less than thirty days nor more
than year.
Section 8. ANY state officer, Judge of the SILL
preme Court. Judge OF the Circuit Court, or Judge
OF any court of record, member of the Legsla-
ture or any state officer, Judge or member of the
legislature elect who shall accept free pass or
/ S at Il discount from any railroad, railway, or
TRANSFORMATION company, shall lie deemed guilty of
misdemeanor, and upon conviction thereof shall
be punished by fine or Imprisonment, such fine
not to be less than twenty five dollars (S25 00) nor
to exceed one hundred dollars (sIO0.0O, and such
Imprisonment to be not less than ten days, nor
more than thirty days.
Section Q. II any railroad company, organized OF
doing business within this state, which may
hereafter do business within this state, shall charge
collect, demand, or recover more than far aud
reasonable rate of compensation upon any line or
road within this state which ii has the right, license
or permission to use operate or control, the came
shall be deemed guilty OF extortion and upon con-
viCtlOn thereof shall be Ined in any sum not less
than five hundred dollars (s500.00) more than
two thousand dollars S2,ctG.00) for each offense
with costs Of suit, aud reasonable attorney fees
he fined by the court: provided. that in all cases
under this act either party shall have the right of
trial by jury.
Section TO- All acts or parts of acts contravening
or confii,ting with the provisions of this act are
hereby repealed.
Section II. This act shall take effect and be in
force from and after its passage and publication.
Approved March ~, 1874,