The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-02-11


the State shall be sufficient 10 authorize n ~ ~
dict and judgment for the State i
SEc. O. Be IL further enacted, That if su-
such railroad corporation shall, in violation ~
this Act, ask, demand, charge or receive al er.
person or corporation any eXtortionate ebor-y
or charges for the transportation Of apv 10y
sengers goods, merchandise or proper c-
for receiving, handling or delivering 'freig6t.
OK shall make any unjust discriminsti--
against any person or corporation in ;
charges tt, refor, the person or eorporatiop ~
. offended against may, Tor each Offense rsoo,-
of such railroad corporation. iu auv for-.
action, three times the amount Of dalnarss. ~
tainrd by the par Y agrleved, together us5tL
cost Of suit and reasonable attorne, f.s +,
he fixed by the court where the same is hoy
on apneal or otherwise, and taxed as "a pam u
+ the costs of the case.
SEC. I. Be II further enacted, That II st.r
I be the duty OF every railroad company ev.r.,
and operating a railroad, or any part tbar.s
! in the State. 10 keep the r0ad-bed aui ra.I.,
stock Of said railroad ia good condition FORKS
! trans portation of passengers and treigtts.-1
/ the same with safety and ceIerity. ana 49,
| railroad company owning and oteratfrg
| railroad, or any part thereof in tbe ~
shall provide suitable depot BUILDINGS f.,-tF
| accommodation Of passengers and f.4i4t.'
/ the several stations and shall furnish "a t
! pot buildings with seats, lights heat ,gh.-
ouired in winter, and water, for Tho r..f
| and accommodation Of passengers and d. ~
/ posted, in a conspicuous place ia ea. b rassF
ger depot a printed timetable or stl.T-
/ of the running of the passenger trains or. s..l
road-and when pr acticable, close couua.t.s-
with all connecting lines, shall De made
SIC. s. Be il further enacted. That c..6...
every railroad company owning ur 3uer,,.-
a railroad or part of a railroad, within .Es
State. shall make an annual report IN ,g-i..--
| Cor printed) TO the Railroad Commission
4 hereinafter provided for, on or by tile fr.t IN.
| Of December; which said report shall .b.,. =.
/ tabular form, the number OF miles ofr-q r,
ed and operated within the State by such e,--
pany: the number of locomotives; Tie uurt--
I Of fret ght cars; the number OF passeur-r r..-.
| the value Of the road-bed per mile. t.sy.r.
OF the rolling stock; the value OF the 6g-
buildings the amount Of real estate aud.ye'-
of same the gross earnings of the road fartI.
! past twelve months The gross expense.
maintaining and of operating the same f.rt
past twelve months, and The NET esrr.r--
| thereof, for the same period, which SAID r5..-t
shall be sworn to by the President oftfe e.-
pany, and said report 50 authenticated .bgf
be fled by the said Road COMMISSIONS ID, IA.
office.
Size .. Be it further enacted. THAT h.-.
shall be Railroad Commission for Tho sla..
! of Mississippi, who shall be elected by an.
Legislature Of the State for the term o.. .g
/ years and shall be subject 90 removal fra-
| Office for good cause. His term or otFee SIKH
/ begin on the first Monday in MAY sletee.sr.-
/ the regular session OF the LeEi-Iafu-. uT
! shall not be n stakeholder in. nor tEU1.s7,,, ~
any bonds of, nor in the employment Of u8rs
| contractor with, any railroad company ereafaI
/ by the laws Of this or any other State Sai3
] Commissioner shall have a clerk fg L. 49,
pointed by himse f. who shall keen u frn .,t5
faithful record of the proceedings and official
/ acts of said Commissioner. and serve uvfIeF-
/ and perform such other official duties "a, mas
| be required OF him by the Commissioner B-
/ fore entering upon the duties Cd their resper
! tive offices. the said Commissioner and Ctart
! shall make and subscribe an oath that tba,
| will faithfully perform the said duGes. ANA
/ the said Commits siouer shall further make And
/ rl,ao ha N % d b1f hf is FII.
] il, nor the owner Of any bonds o. nor iu tbs
| employment of, any railroad company created
| by the laws of this State or any other State
and that no such bonds or stocks are heIi ia
trust for him. That said oaths shall he hIcI
in the Secretary OF States Office and am entry
of the taking OF the same shall be made iu tbe
| record o. the proceedings of said COMMISSIONS
which shall be kept in his Office.
SEC. 10. BE IL further enacted, That it sH4H
be the duty Of the said Railroad Cummi.sioa-
er to personally investigate and ascertain
whether the provisions of this Act are vIuIai-
ed by any railroad corporation i'm this State
AID to visit the various stations upon the Dim.
of each railroad for that purpose, as often us
practicablei and whenever the Facts iu amy
manner ascertained by said Commissioner
shall, IN his Jud ment, warrant such proseeg-
tion 1t shall be the duty of said Commissioner
to Immediately cause suits TO be commenced
and prosecuted against any railroad c0rrorg.
ton which may violate the provisions of tbfs
Act. Such suits and prosecutions may hp In.
stituted in any county in this State, through
or into which the line of the abroad c.rf.,T..
ton sued for violating this Act may extend
And such Railroad Commissioner is hereby
authorized when the facts Of the case present
ed to him shall, in his Judgment warrant ibe
commencement OF such action 20 re9uest f..
District Attorney in whose judicial district
the said alleged violation of any of the uroyls-
ions of this Act may occur, whose duty u
shall be to prosecute the same, and for said
service he shall receive the sum OF five Der
/ Z I'M
be be lawful for the Board OF Sulcrvisars of
any such comfy, to assoc ate with and nav "a
reasonable fee for counsel in this behalf SO
such suits commenced by said Commissioners
shall be dismissed except by aud with tho con-
sent of the Board Of Supervisors OF said
county.
SEC. IL. Be it further enacted, That sail
Commissioners is hereby directed 20 make t.r
each railroad corporation doing business
In this state, as soon as practicable
a schedule Of reasonable maximum rates
of charges for the transportation of
passengers and freights, and cars no
each OF said railroads and said schedule shall
IN all suits brought against said railroad cor.
porations. wherein is in any way involved ire
charges of any such railroad corporation for
the transportation of any passenger or freight
or cars, or unjust dis Elimination in relation
thereto be deemed and taken in all courts ia
this State as PriHld facie evidence that tlerarps
therein liked are reasonable maximum
rates of charges for the transportation 1f
passengers ana frelghtS, and cars, upon the
railroads for which said schedules NAV have
been respectively prepared. Said Commits
sioner shall, from time TO time, and as often as
circumstances may require, change and revise
SAID schedules. When any schedule shall
nave been made or revised as aforesaid 81
shall he the duty Of said Comm ssiaucr 20
cause publication thereof 10 be made for three
successive weeks in the newspaper published
IN the city Of Jackson, or elsewhere by rat
public printer. All such schedules heretofore
or hereafter made, purportng to he printed
ana published as aforesaid, shall be received
and held IN all such suits as prig.u tacis scbcl.
ules OF said Commissioner, without further
proof than the production OF the schedule de-
sired to be used az evidence, with u certificate
OF the Railroad Commissioner that tha samo
- a true copy Of a schedule prepared hy hIu
in named, and that the same mas been pub-
Hshed as required by law, stating the name
OF the paper in which the same was pub
lshed' together with the date Of such rubu-