Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-01-20

had upon each. If, upon the trial OF
any such suit, brought either to recover
the penalty or damages, it shall be
made to appear that the defendant has
charged, collected, demanded or re-
ceiyed for the transportation, ETC., CON-
pensation greater than that fixed IN the
schedule, then the defendant shall be
held guilty of extortion, and liable
therefor, unless he can show that the
rate charged and collected was never:
theless fair and reasonable provided
that nothing in this act contained shall
be deemed and taken to diminish or
take away any common law right of ac-
ton ON thepart ofindiTiduals aggrieved
against such railroad corporations or
common carriers, or any action taken
In this matter by any State, so far as
regards commerce, within the control
of said State.
Section is as follows:
"That the provisions of this act shall
apply to all persons, firms, companies
or associations, whether incorporated or
not, who may be engaged as carriers of
freight and passengers, or In carrying
freight only, or In carrying passengers
only, upon any line Of railway extend
ing into or through two or more States;
but this act shall not be construed as
extending to or affecting such COM
merce as is actually and in good faith
completely internal within any of the
several States; each Of the schedules OF
charges herein provided shall take
effect from and after thirty days from
the date of its being fled in the Clerk S
Office, as aforesaid.
''Sec. 10. That in all cases where
two or more persons, companies or cor
porations unite together for the puf-
pose of transporting freight or passen-
gers over several lines of railroad from
a place IN one State to a place In an
other State, the several lines thus oper-
ated together shall be located for all
the purposes of this act as one line,
and each and every one of such per-
sons, companies and corporations shall
be bound by the provisions of this act
and liable for any violation thereof; and
In all cases where several lilies of rail-
way are united or connected together
and engaged in carrying freight or pas
sengers through two or more States or
parts of States by a continuous route,
whether under one management or not,
it shall not be lawful for them or any
of them 10 evade the operation of this
act by any form of contract designed
for the purpose, and it shall be compe-
tent in all suits brought under this act
to show that the defendant was in fact
when the alleged extortion occurred,
engaged in operating part of con-
tinuous line of inter State commerce,
and upon such fact being made to ap-
pear, such defendant shall be held SUBJ
ject to the provisions Of this act, what
ever the character or form of the con-
tract between such defendant and the
shipper may have been.
Section IL provides that it is the
duty of the Commissioners to personal
ly ascertain whether the provisions of
the law are observed, and to prosecute
all evasiohs.
The twelfth section provides that the
law shall apply to lines of roads within
the Territories, and to all lines extend
ing from a place one Of the States to a
place within one of the Territories.
Section Is provides that, in case of
voluntary collision of the Commissioner
or either Of them with any railway CON-
pany to hinder the proper enforcement
OF the act, and their or his conviction
thereof, such person or persons shall be
fined not less than ten nor more than
fifty thousand dollars, and imprison-
ment not less than three nor more than
ten years, and be disqualified from hold
lug Office under the United States.
The fourteenth section provides for
the keeping of Bureau of Railway
Statistics by the Commissioners.