Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1879-02-06
THE RAILROAD LAW.

AN ACT to prevent Unjust Discrimination by
r. Common Carriers.
u Be it enacted by the Senate and House Of
Representatives of the State of South Caro-
lima, now met and sitting in General Assem-
bly, and by the authority of the same:
Section /. That railroad corporations, and
all other chartered companies acting as COM
mon carriers within the limits of this State,
shall charge tor the handling and storage Of
goods, wares and other property, and for the
carriage of freight and passengers, such rates
only as are reasonable.
Sec. 2. That no charge for the carriage of
goods, merchandise or property, to or from
any place or station, shall be deemed reason
able within the meaning of this act, which is
in excess of the usual and established charge
made by the same corporation or combina-
ton of corporations for the carriage of the
like kind, class and quantity Of freight for any
greater distance over their line or lines in the
same direction Provided, That if such corpo-
ration or combination of corporations can show
greater necessary expense to itself, or to
themselves, for the carriage Of goods, mer-
chandise or property over the shorter distance
than that which is incurred for like carriage
over the longer distance, proper proportion
of such excess of necessary expense shall be
deemed a reasonable additional charge. In the
construction of this section, the sum charged
or received for the transportation OF freight,
shall include all interminal charges, and the
road of corporation shall include all the
road in use by such corporation, whether
owned or operated under contract or lease.
"But nothing in this section shall be construed
so as to require any corporation or comblna-
tion of corporations to regulate their charges
for shorter distance by their proportion OF
through freight beyond their line or lines"
Sec. 3. No railroad corporation or other
chartered company doing business as COM
mon carriers within the limits OF this State,
shall charge, demand or receive from any
person, company or corporation for the haul
ing, storage, loading or unloading or trans
portation of freight, or for any other service,
a greater sum than it shall at the same time
charge, demand or receive from any other
person company or corporation for like SER
vice, upon like conditions, and under the same
circumstances and all concessions Of rates,
rebates, drawbacks and contracts for special
rates shall be open to and allowed all persons,
companies and corporations alike, at the same
rate per ton per mile and by the carload,
upon like conditions and under similar cir
cumstances; and any discrimination which
violates thespirit and meaning of this section
shall be deemed unjust and unreasonable.
Sec. 4. That any railroad corporation or
other chartered company acting as common
carriers within the limits of this State, which
shall for itself, or for itself and other char
tered companies acting in combination with
it, charge or receive any sum which is .unrea-
sonable within the meaning Of this act, shall
forfeit and pay to the person, company or cor
poration paying such overcharge, twice the
amount so charged in excess Of reasonable
rates, to be recovered by action in the proper
courts of this State: Provided, That the
action be commenced within one year from
the accrual Of the right of action.
Approved December "a, 1873.