The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-02-11
Regulation Of Railroad Frsights and
Fares.

Railroads IL this ST. st,j 10 punish the
same. aud to prrsc ihs Of procedure
and rules of evid {. IA ,iion thereto
and for other pari o~es," "a. oduced into
the Senate by Hn. W W. Hum hries, of
Lowndes.
SECTION l. Be it enacted by the Legislature
of thetState of Mississippi, That ifany railro
corporation organized or doing business III
this State under any act of incorporation, or
general law of this State, now IN force
or which may hereafter be enacted, or
any railroad corporation organized or watch
NAV hereafter be organized under the Law =
of any other State, and doing business
in this State, shall chargc, collect. demand or
receive more than fair and reasonable rate
of toll or compensation for the transportation
of freight or passengers, OF any description
or for the use and transportation Of any rail-
road car upon its track, or any ofthe branches
thereof or upon any railroad within this State,
which il has the right, license or permission
10 use operate or control, the same shal De
deemed guilty Of extortIon, ana upon eonE We
ton thereof shall be dealt with as hereinafter
SEC. ,. Be it further enacted, That if any
such railroad corporation atoresaIS, shaIl
make any unjust discrimination IN ITS rates or
charges of toll or compensation, for the trans
Dortation of passengers or freight, of any de-
scription or for the use and transportation OF
any railroad car upon its said road or upon any
of the branches thereof, or upon any railroads
connect ed Herewith which 1t has the right
license or permission to operate, control or
use. within this State, the same shall be deemed
guilty Of having violated the provisions of this
Act, and. upon conviction thereon, shal De
dealt with as hereinafter provided.
SEC g. Be il further enacted, That II any
such railroad corporation shall charge, collect
or receive, for transportation OF any Passeh
ger or freight of any DESCRIPTION, upon us
railroad for any distance within TINS Otatei
the same or a greater amount of toll or com
pensation than is, at the same time, charged
collected or received for the transportation, IN
the same direction, of any passenger, OF hAe
quantity of freight of the same class, over a
greater distance of the same railroad or II 1t
shall charge collect or receive, at any point
upon its railroad, higher rate OF toll or com
pensation for receiving, hauling or denver
ing freight of the same class ana quenIltyr
than il shall at the same time, charge, collect
or receive at any other point upon the same
railroad; or if it shall charge, collect, or re-
ceive, for the transportation OF any passenger
or freight of any description, over Its rallr0ah
a greater amount as toll or compensation than
shall at the same time, be charged, collected
or received by it for the transportation OF any
passenger, or like quantity OF freight OF the
same class being transported in the same d.
rection, over any portion of the same railroad,
of co ual distance; or If 1t shall charge collect
or receive from any person or persons,
higher or greater amount OF toll or com peHs@-
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, AT
the same point upon It's fallfOduS Ut II IL SHHii
charge, collect or receive from any person or
persous for the transportation of any freight
upo its railroad, q higher or greater rate OF
com sensation or toll than 1t shall, at the same
time, charge, collect or receive from any oth l
person or persons, for the transporta-
ton 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 shall 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-
ber for a like purpose, being transported IN
the same direction, over greater distance OF
the same railroad or If 1t shall charge, collect
or receive from any person persons, Tor the
use and transportation of any railroad car or
cars upon its railroad, higher or greater
rate of toll or compensation than 1t shall, at
the same time, charge, co lect or receive from
shy oIher person or persons, for the use and
transpoi tation of any railroad car or cars, Of
the same class or number, for a 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, rawback,
or other shift or evasion, shall be deemed and
taken against such railroad corporation rs
tions prohibited by the provisions of this Act ;;
and it shall not be deemed n sufficient excuse
or justification of such determinations on the
part of such railroad corporation, that the
railway station or point at which 1t shall
charge, collect or receive the same or less rates
of toll or compensation, for the TRANSPORTATION
of such passenger or freight, or for the use
and transportation of such railroad car the
greater distance than for the shorter distance,
is railway station point at which there
exists competition with any railroad or means,
of trans portation. This section shall not be
construed SO as to exclude other evidence
tending to show any unj ust 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 greater distance, the same are now iss ued
by such corporations.
SEC. A. Be it 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 and transportation 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; and for the second offence not less
than hye Thousand nor more than ten thous-
and dollars and for the third offence not less
than ten thousand more than twenty
thousand dollars; and for every subsequent
offence and conviction thereof, shall be liable
to hne Of twenty five thousand dollars
Provided, That in all cases under this act
either party shall have the right of trial by
jurv
SEC. 8. Be it further enacted That the fines
herelnbefore provided for may be recovered in
an action OF debt, in the name of the State of
Mississippi, and that there may be several
counts Joined in the same declaration as to
e xtortion and uni ust 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 find for the State they shall
assess and return with their verdict the
amount of the fine to be imposed upon the
letendant' at any sum not less than one
lars, and the court shall render judgment