The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-02-06


ceiye, for tn. transportation Of any passenger,
or freight Of any description, over its railroad
greater amount as toll or compensation than
shall ct the same time, be charged, collected
or received by 1t for the transport alton Of any
passenger, or like quantity Of freight Of the
same class, being transported in the same di-
rection, over any portion Of the same railroad,
Of equal distance; or if il shall charge, collect
or receive from any person or persons, q
higher or greater amount of toll or eompensa-
ton than il shall, at the same time, charge,
collect or receive from any other person or
persons, for receiving, handling or delivering
freight Of the same class and ike quantity, al
the point upon its railroad; or if it shall
charge, collect receive from any person or
persons, for the transportation of any freight
uUo its railroad, higher or greater, rate of
compensation or toll, than ii shall, al the same
NE, charge, collect or receive from any other
person or persons, for the Transports
tion ofthe like quantity Of freight of the same
class being transported from the same point,
in the same direction, over equal distances Of
the same railroad, or if it snail charge, collect
or receive from any person or persons, for the
use and transportation Of any railroad
car, or cars, upon its railroad, for any
distance, the same or greater amount of toll
or compensation than is at the same time,
charged, collected or received from any other
person or persons, for the use and transporta-
ton of any railroad car of same class or num-
Der, for like purpose, being transported in
the same direction, over greater distance of
the same railroad or if il shall charge, collect
or receive from any person or persons for the
use and transportation of any railroad car or
cars, upon its railroad, a higher or greater
rate of toll or compensation than it shall, at
| the same time, charge, co tect or receive from
any other person or persons for the use and
| transpol tation of any ilroad car or cars. of
the same class or number, for like purpose,
| being transported from the same point in the
| same direction, over an equal distance of the
same railroad all such discriminating rates,
charges, collections or receipts, whether made
directly or by means of any rebate, dra wback,
or other shift or evasion, shall be deemed and
taken against sucn railroad corporation as
priml fdcie evidence Of the unjust discrimina-
tions prohibited by the provisions of this Act;
and it shall not be deemed a sufficient excuse
or justification of such determinations on the
part of such railroad corporation, that the
railway station or point at which it shall
charge, collect receive the same or less rates
| of toll or compensation for the TRANSFORMATION
of such passenger or freight, or for the use
and transportation of such railroad car tho
greater distance than for the shorter distance.
Is a railway station or point at which there
exists competition with any railroad or means,
| of transportation. This section shall not be
construed so as to exclude other evidence
tending to show any unjust discrimination in
| freight and passenger rates. The provisions
Of this section shall extend and apply to any
railroad, the branches thereof, and any road or
roads, which any railroad corporation has the
right, license or permission to USE operate or
control, wholly, or in part, within this State
Provided, however, That nothing herein con-
tanned, shall be so construed as TO prevent
railroad corporations from issuing commuta-
ton, excursion or two hundred and fifty, five
hundred, or one thousand mile tickets, or for
| a ulgtnnCn re los
| by such corporations
| SEC. 4. Be il further enacted That any such
railroad corporations guilty of extortion or
of making any unjust discrimination as to
passenger or freight rates, or the rates for the
use aud transporl alton of railroad cars, or in
receiving, handling or delivering freights,
shall upon conviction thereof be fined in any
sum not less than one thousand dollars, nor
more than five thousand dollars for the first
offence; aud for the second offence not less
than five thousand nor more than ten thous-
and dollars and for the third offence not less
| than ten thousand nor more than twenty
thousand dollars; and for every subsequent
offence and conviction thereof, shall be liable
to fine of twenty five thousand dollars;
Provided, That in all cases under this act
either party shall have the right Of trial by
jury.
SEC. s. Be it further enacted, That the fines
| hereinbefore provided for may be recovered in
an.action Of debl, in the name of the State of
Mississippi aud that there may be several
counts joined in the same declaration as to
extortlon and MUST discrimination, and as to
passenger and freight rates, and rates for use
and transportation of railroad cars and for
receiving, handling or delivering freights. If
upon trial of any cause instituted under this
act, the jury shall fnd for the State they shall
assess and return with their verdict the
amount of the fine to be imposed upon the
| defendant at any sum not less than one
thousand nor more than five thousand dol
lars, and the court shall render judgment
accordingly; and if the jury shall find for the
State, and that the defendant has been once
before convicted of violation of the pro-
visions of this Act they shall return such
finding with their verdict and shall assess
and return with their verdict the amount of
the fine to be imposed upon the defendant, at
any sum not less than FIVE thousand nor more
than ten thousand dollars, and the court
shall render judgment accordingly; and if
| the jury shall. find for the State, and that the
defendant has been twice before convicted for
a violation Of the provisions of this Act, with
respect to extortion or unjust discrimination,
they. shall return such finding with their
verdict, and shall assess and return
with their verdict the amount of the
fine to be imposed upon the defendant
at any sum not less than ten thousand nor
more than twenty thousand dollars; and in
like manner for every subsequent offence and
CONVICTION, sucn ueIenuant Shal be liable tOa
fine of twenty-five thousand dollars Provided.
That in all cases, under the provisions of this
Act, preponderance of evidence in favor of
the State shall be sufficient to authorize a YER
dict and judgment for the State
SEC 6. Be it further enacted, That if anv
such railroad corporation shall, in violation Of
this Act, ask, demand, charge or receive of any
person or corporation any extortionate charge
or charges for the transportation of any pas
sengers goods, merchandise or property, or
for receiving, handling or delivering freights,
or shall make any unjust discrimination
against any person or corporation in its
charges therefor, the person or corporation SO
offended against may, for each offense, recover
of such railroad corporation, in any form Of
action, three times the amount of damages sus-
tanned by the par agrieved, together with
cost Of suit and reasonable attorneys fee. to
be fixed by the court where the same is heard
on appeal or otherwise, and taxed as a part Of
the costs of the case.
SEC. T. Be it further enacted, That il shall
be the duty of every railroad company owning
and operating railroad, or any part thereof
in the State to keep the road-bed and rolling
stock of said railroad in good condition for the
transportation ofpassengers and freights over
the same with safety and celebrity; and every
railroad company owning and operating .
railroad, or any part thereof, in the State.
shall provide suitable depot buildings for the
accommodation of passengers and freights at
the several stations; and shall furnish said de-
pot buildings with seats, lights, heat when re-
quired in winter and water for the comfort