The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-06-30
THE HUMPHREYS BILL.

TUaT , IUTNII0W,
in this State under any act of Incorporation,
or general law of this State, now in force or
~ hich may hereafter be enacted, or any rali-
road corporation organized or which may
hereafter be organized under the laws OF any
other State and doing business IN tins state,
shalt charge, collect, demand or receive more
than "A fair and reasonable rate OF toll or
compensation for the transportation Of ght
or passengers, OF any description, or Tor tine
use aud transportation OF any railroad car
upou it's track, or any of the branches thereof,
or upon any railroad within this State which
il has the right, license or permission 10 use,
operate or coutrol, the same shall be deemed
guilty of eXtorton, and, upon CONVICTION
thereof shall be dealt with as hereinafter
provided.
SIC. 2 BE It further enacted, That il any
railroad corpo ratiou aforesaid, shall make any
unjust Il discrimination Ia Its rates or charges
Of toll or compensation, for the transpOr auon
OF passengers or freight, of any description
OF for I'd and transportation OF any
railroad car upon its said road or upon any
Of the branches Thereon, or upon any railroads
connected Herewith, which II hiss the right
license or permi ssion 10 operate, coutrol or
use, within this State, the same shall be
deemed guilty Of having violated the proyls-
ions OF this Act. and upon conviction thereof,
shall be dealt with as hereinafter provided.
SEC. 3 Be il further enacted, That If any such
railroad corporation shall charge, collect or
receive, for trans portatlon OF any passenger
OF freight Of any description, upon as rHii-
road, for any distance, within tbis State, the
same, or greater amount of toll or conpeu-
satIon than Is, at the same time, charged,
collected or received Tor the transportation,
IN the same direction, OF any passenger, or
like quantity of freigh o. the same class.
over "a greater distance otthe same railroad or
Iflt shall charge, collect receive at any point
upon IT'S railroad, higher rate Of toll OF com
pcusaGOn for receiving, hauling or delivering
freight Of the same class ami quantity, than
II ssall, Mt the same time, charge collect or
receive at any other point upon the same rail-
road; or II il shall charge, collect or receive,
or the transportation OF any passenger, or
freight Of any description, over Its railroad,
greater amount as toll or compensation than
shall, at the same time, be charged, collected
lr received by il for the transportation Of any
passenger, or like quantity of freight of the
same class, being transported in the same
direction, over any portion of the same rall-
road, Of equal distance or If II shall charge,
collect or receive from any person or persons,
higher or greater amount OF toll or compen-
~atiou than Il shall, o.. the same time, charge,
collect or receive any other person or
persons for receiyln .audiing or delivering
freight OF the same class anu like quantity,
At the same point upon its railroads or if ii
shall charge, collect or receive from any per-
son or persons, for the transportation Of any
freight upon its railroad. higher or greater
rate of compensation or toll, than il shall. at
he same time. charge collect or receive from
4uv other person or persons, for the tranSpor-
alton Of the like quantity of freight OF the
same class. being transported from the same
iauces of the same railroad; or if II shall
charge, collect or receive from any person or
persons, for the use and trans portatIon OF any
abroad car, cars, upon its railroad, for any
distance, the same or a greater amount OF toll
, compensation than Is, at the same time,
charged, collected or received from any
lther person persons, for the use
md and tran porta ton of any railroad
;ar of same class numb r. for like
purpose, being transported in the same
Erection, over greater dIs'Fnce o. he same
railr5ad or If II shall charge. collect or re- I
telve from any person or persons, for the use !
IND transportation OF any railroad C IT or cars /
Upon its railroad, higher or greater late Of
oil or com ensation than il shall, Mt the same Z
time, charge. collect or receive from any other /.
person or persons. tor the use and trauspOrta- /
zion OF any railroad car cars Of the same /
class number, for like purpose, being 4
transported from the same point in the same \
direction, over an equal distance Of the same I
raIIfOAdi all such discriminating rates, J.
charges, col ectious or receipts, Whether made 4
freely or by means of any rebate, ORA vback, 4
n other SHIFT or evasion, shall be deemed and /
taken against such railroad corporation rs /
DriH,a tacjs evidence of the unjust discrimiua- /
lions prohibited by the provisions Of tLis Act; i
1ut il shall be deemed sufficient excuse or 4
Justification of such determinations on the /
part Of such railroad corporation, that the ,
railway station or point at which ~ shall )
charge, col ect receive the same or less raj es
II toll compensation, for the trans ortatiou 4
Of such passenger or freight, or for the use and /
en- distance than for he shorter i istaucc. is a .
railway point at which there exists cpmpeti- \
ion with any railroad or means Of trauspOr-
alton. This section shall not be construed 80
ls to exclude other evidence tending 10 show .
any unjust discrimination in freight and pas
.enger rates. The provisions of this section
shall extend and apply to any rpIl4oHd the
branches thereof, and any road or roads Z
which any railroad corporation has the right,
license or permission 10 use, operate or control,
wholly, or in part within this State PrOJideI
hoWercr, That nothing herein contained shall
Je so construed as TO prevent railrCad corpo-
"a lions for issuing Communication, excursion or II
wo hundred md fifty, I've hundred or one
mile tickets, or tor greater dis.
lance, as the same are now issued by such cor
pOrati0ns.
SEC T. BE il further enacted, That any such
railroad corporati N guilty Of extOrtou, or of
making any IN just discrimination To Pssseu-
ger or freight rates, the ties fox the AMI
transportation of ilroad ears or in receiving,
or delivering freights, shall upon
.OnvIctIcn thereof, be Hued in any not
ess than one thousand dollars. nor more than
i've thousand dollars for the first offence; and 5
or tina second offence, not less than five hou- s
"a nd nor more than sen thousand dollars: and :
or the third offence not less than ten thousand {
Tor more than twenty thousand dollars and z
or every subsequent offence and conviction {
hereof shall be liable TO a inc of twenty-five
thousand dollars Pr00idsd, That in all cases q
lnder this Act either party shall have the
light of trial By jury.
SEC. %. DE II IuEIutf enacted. mat the mes
lereinbefore provided for may be recovered in
N action of debt, in the mare Of the State Of {
Mississippi, and that there may be several {
cunts Joined in the same eclaration as TO ex- G.
Ortion and unjust discrimination, and al d ( I
passenger and freight rates, aud rates for use q
nd nsportafiOn Of railroad cars and far ,
eceiving, handling or delivering freishts. nj =
Ipon trial of any cause iLstituted under this =
ct this jury shs,i nnd tor the State, they shall /
.ssess and return with their verdict the q
mount Of the fine to be imposed upon the de- I
endant at any sum not less than one thous- . I
nd nor more than five thousand dollars, and q
he court shall render iuugment accordingly z
nd if the jury shall find for the State and O
hat the defendant has been once before con / [
icted of a violation of the provisions of this
Act, they shall return such finding with their ,
erdlct, and shall assess and return with their 4
erdIct the amount of fine o be impOsG.t upOu / 1
he defendant at any sum -as less than FIVE Z
housand nor more tsan ten thousand dollars, I
nd the court shah render Judgment accord ,
ngiyi and if the jury shall find for the State !
md that the defendant has been twice before
FOR a violation of the provisions Of
his Act, with respect to eXtortiOn or unjust ,
Iiscrimi nation, they shall re- urn such finding
Win their verdi ct, and shall assess and return
With their verdict the amount Of the One
o be imposed upon the defendant at
my sum not less than zen thousand nor
more than twenty thousand dollars and in
Ike manner for every subsequent offense and
conviction, such defendant shall be liable to a
inc of twenty-five thousand dollars; Provided
nat IN all cases, uhder the provisions q th4a
Act, prepnnd erance' of evidence tn favor Of
he State shall be sufficient 70 authorize YER
iict and judgment for the State.
SEC. .. Be further enacted That if any such
railroad corporation shall in violation Of his
Act, ask. demand, charge or receive Of any
person or corporation any eXtOrtIenate
charges for the trensportion Of any passen- ,
gers. goods. n.ercha ndise or property or for
-eoeiving, handling or delivering freights. or
'hall make any unJ just discrimination against
my person or corporation in its charges /
.herefor the person or corporation so offended
lgainst may, tor each offense, recover OF such
abroad corporation, in any form Of action
hree times the amount of damages sustained /
~ the party agRrieved, together with cost of
suit and a reasonable attorneys fee, to be
liked by the court where the same is heard. on
appeal or otherwise, and taxed as 9 part Of the
3osts of the case,
SEC. 7. Be il further enacted, That it shall
,e the duty of every railroad company own
ng and oneratinr a railrnnd or n r,nrt