The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-03-11
Senator zFunaton's. Railroad


Blu.
An,act. to prevent and punish dis
crimiRation by railroads in the trans
portafion Of freights and freight cars
and t. provide for the publication o
increased rates of freight and the tim'
Of taking effect thereof
Be it enacted by the Legislature o
the State of Kansas:
SECTION 1. No railroad corporation
organized or doing business in this
State, under any act of incorpora'
ton or general law Of this State now
in force, or which may hereinafter be
enacted, or any railroad corporation
organized or which may hereafter be
organized under the laws of any other
State, doing business in this State,
shall charge, collect, demand or receive
for any distance in this State greater
amount of toll or compensation for the
transportation of freight of any descrip-
ton, or for the use and transportation
Of any railroad car upon its track, any
of the branches thereof, or upon any
railroad within this State, which it
has the right, license or permission to
use, operate or control, for any distance
within this State, than any such rail-
road corporation shall at the same
time charge, collect Of receive for the
transportation in the same direction of
any like quantity of freightof the same
class over a greater distance of the
same railroad.
Sec. 2. Any such railroad corpora
ton which shall violate, directly or by
means of any rebate, drawback, or
other shift or evasion, the provisions
of section one of this act, shall forfeit
and pay sum not less than five hun
dred dollars nor more than one thou
sand for the first offense, and for the
second offense not less than one thou
sand dollars nor more than five thou
sand dollars, and for every subsequent
ofense shall forfeit and pay ten thou
sand dollars: Provided, That in all
CAGES under this act either party shall
have the right of trial by jury.
Sec. 8. The forfeiture hereinbefore
provided for may beenforced by civil
action i4 the name and for the use and
.beqeft of the school fund. If upon
trial of causes instituted under this act
the jury find for the State, they shall
assess ana return with their verdict
the amount Of the forfeiture to be i'm
posed upon the defendant at any sum
not less than five hundred dollars nor
more than one thousand dollars, and
the court shall render judgment accor-
dinghy. And if the jury shall find for
The State, and that the defendent has
been once before convicted of a viola
ton of this act, they shall return such
finding with their verdict, and shall
assess and return with their verdict
the amount of the forfeiture to be inn
posed ugo9 the defendant at any snm
not less than one thousand dollars nor
more than five thousand dollars, and
the court shall render judgment accor-
dinghy. And in like manner fox every
subsequent oFepse and conviction,
such defendant shall he liable to for
fixture of ten thousand dollars Pro-
pided, That in all cases under the pro-
visions of this act preponderance of
evidence in favor of the State shall be
sufficient to authorize verdict and
Judgment for the State: All the for
FIXTURES collected under the provisions
of this act shall, unless otherwise pro-
vided, be paid into the county treasury
of the county in which the suit in insti-
tuted by the person collecting the
came, in the manner now provided by
Jaw, to be used for school purposes.
Sec. 4. Every railroad corporation
in this State, or doing business in this
State, shall, within thirty days after
the official publication of this act, post,
keep and maintain in some conspic-
uous place in each and every station
house and depot Of said railroad corpo-
ration full and correct printed copy
of their schedule of freight rates, and
any railroad corporation, failing to
comply with the provisions of this
section, shall forfeit and pay the sum
of one hundred dollars per day for each
and every day it shall be in default.
Sec. 5. And no increase of charges
set forth in any schedule of rates of
freight, shall take effect until said in
crease and the date thereof has been
posted, kept and maintained for a |
period Of not less than thirty days, in
the same manner as provided for the
publication of the schedule mentioned
In the preceding section of this act
And any agent or other person who
shall charge or collect, or attempt to
charge or collect pay for freights in
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