The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-02-06

AN ACT to prevent Unjust Discrimina-
tion by Common Carriers.
Be ii enacted by the Senate and House
of Representatives of the State of South
Carolina, now met aud sitting in General
Assembly, and by the authority of the
same:
SECr1oN1. l. That railroad corporations,
and all other chartered companies acting
as common carriers within the limits Of
this State, shall charge for the handling
and storage of goods, wares aud 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
reasonable within the meaning of this
act which is in excess of the usual and
established charge made by the same
corporation or combination of corpora
tions 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 corporation or combination of cor
porations can show greater necessary
expense to itself, or to themselves, for
the carriage of goods, merchandise or
property over the shorter distance than
that which is incurred for like carriage
over the longer distance, proper pro-
portion of such excess Of necessary ex-
pense shall be deemed q reasonable ad-
ditional charge. In the construction of
this section the sum charged or received
for the transportation of freight shall
include all terminal charges, and the
road of a corporation shall include all
the road in use by such corporation,
whether owned or operated under con-
tract or lease. But nothing in this Sec
ton shall be construed so as to require
any corporation or combination of cor
porations to regulate their charges for
shorter distances by their proportion of
through freight beyond their line or
lines.
Sec. 8. 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 bauling, storage, loading or un-
loading or transportation 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, COM
pany or corporation for a like service,
upon like conditions, and under the same
circumstances; and all concessions of
rates, rebates, drawbacks and contracts
for special rates shall be opened to and
allowed to all persons, companies and
corporations alike, at the same rate per
ton per mile and by the car load, upon
like conditions and under similar circum-
stances; and any discrimination which
violates the spirit and meaning of this
section shall be deemed unjust and un-
reasonable.
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 chartered companies acting in
combination with it, charge or receive
any sum which is unreasonable within
the meaning of this act, shall forfeit and
pay to the person, company or corpora
ton paying such overcharge twice the
amount so charged in excess of reasona-
BILE 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, 1878.