The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-05-17
INTERSTATE COMMERCE.
Bill to Prevent Determinations BY Rail-
roads Engaged in Interstate Trans.
poftation.


Extract from the bill introduced in
the Senate by Senator George, Of Mis-
sissippi, January oath, 1882:
sForTox 4. That no sueh railroad company
so engaged shall as 20 the goods, wares, or
merchandise 50 transported or contracted, or
INTENDED 20 be transported, give or allow any
shipper or consigaee amy advantage over an
other or etEeEs by aay rebate OF ara wbaek IN
charges or rates, nor by any other device
whatsoever Hor saa'l such railroad company,
as such goods, wares, o. merchandise, give
or allow any convenience, advantage. II priv
ileges n receiving, storing leading, ua DAD
Ing, handling, or delivering such goods, wares,
I or merchandise 80 ore or more shippers or
consignees which shall net Be given or al
/ lowed 10 all others but all such shippers and
cohsignees shall have absolute equality IN
rates, charges, privileges, advantages, ami
I convenlcnces IN every respect whatsoever
SEC. .. That r scAeeale of the rates of every
I railroad company Is % al such interstate
! transportation shall, by such company. within
/ thirty days after the passage q this act, be
/ posted cons picu0usly Ia each and every one
! OF It's dcDots or statIaH-houses st which goods,
( wares or merchandise are received Tor inter-
State transportation. Such schedule shall
! contain sach rates only. and shall be printed
I in ordinary plea or III type CT IarEer size, and
shall give information Of the rates OF charges
/ on all + eight transported from said depot or
/ station TO every place IN any other State for
/ transportation 10 which said company is ac-
/ cust0med 10 receive freight at its said depot.
Said schedule shall specify the rates per pound
/ and the rates per carload Of each class Of
freight, and shall. with all subsequent SEIZED
( ules Of rates, be IN force until changed in ac-
I cordance with the provisions CT this act and
/ all subsequent schedules SHALL be made out
land posted in like manner as above set out.
/ Changes may be made IN the said rates and
! charges bv new schedule, which shall be
posted as aforesaid; and when any such depot
| snail be situated in a city or town containing
more than one thousand inhabitants, in adj
dition to posting there a. herein required,
such schedule shall be published at least once
+ a week conspicuousiy IN two newspapers, il
/ there be such, published aud having a general
/ circulation in said city or town; and said
schedule shall be posted and published thirty
/ DAYS before it shall take effect. But il said
rates shall be reduced by any such new sched-
ule, it may go into effect as to said reduced
| rates on the hftl day after the first day On
which said posting and publication shall have
! been made; but in that case the date on which
| q new schedule shall take effect shall be print
ed on it in type at least four times rs large as
| the type in which the body of the scae lule
! shall be printed; but the reduced rates shall
not be increased except on publication and
posting for thirty days as aforesaid.
! SEC. 6. That every such railroad company
/ engaged rs aforesaid in such inter State
transportation shall afford all shippers or per
! sons intending to be shippers Of such freight,
equal opportunities and privileges for the d.,
| livery Of their property Tor shipment, and
| shall receive and transport ali such property
or freight in the order OF time in which it Is
! offered or received for shipment, ut any place,
or depot, or station at which said company is
! accus toned 10 receive such property Tor ship
Iment unless any shipper may voluntarily
agree TO waive this privilege; and it shall be
no excuse for violation hereof that the said
railroad company shall have made any con
| tract or agreement to receive and transport
property afterwards to be delivered; nor
| shallit be lawful for such company TO trans
port at a lower rate than lis established rates
at the time transportation ~ actually me- de,
in virtue OF any contract OF Shipment made
prior to the delivery OF the proper V for trans
| portation; and all such contracts heretofore
made or which shall hereafter be made, Civ
ing to any shipper any advantage, privilege,
or convenience, either as to rates or pri-
GRITTY in shipment, or IN any other way,
/ shall be of no effect to exempt said company
! from these provisions; nor shall any such
company Gil0W or permit any violation or
evasion of the provisions of this act by any
person or company having he use Of It's road
! in carrying trelghts.
SEC I. That any officer or agent Of any rail-
/ road company who shall violate any OF the
| thereto, or permit such violation, when having
| tho power to prevent II, shall be guilty of q
misdemeanor, and be subject to Indictment
therefor in the district or circuit court having
! jurisdiction of the offense, and, on conviction
! Shall be fined not more than---lollars,
| and shall be imprisoned for a term not more
! and'the railroad cOmpa-
ny whose agent or officer shall violate any pro-
| vision thereof shall be liable to an action by
| the party Injured, who shall be entitled to re
Il he fPf n hos no
/ legally charged and also double costs, and in
addition all damage which he may sustain by
reason of such illegal act, and shall also re-
cover a reasonable sum as compensation for
| his loss of time, trouble, ana expense in pros
ecuting his suit, and als0 a sum sufficient to
| paya reasonable compensation to his attorney
/ or attorneys, which last mentioned sum shall
/ be in proportion to the length and trouble Of
/ the litigation, and the obstacles TO recovery
/ interposed by the defendant.
| SEC. g. That contemporaneoUS trausporta-
ton within the meaning Of this act shall be ali
| transportation done while the same schedules
| of rates shall be IN force.
| Sec. O. That the provisions Of this act shall
| apply to every person, association, partner
| ship, or corporation, and the receiver of any
/ such, engaged in Interstate transportation on
| a railroad on the whole or any part Of the
route, in the same manner and to the same ex-
! tent is they apply to railroad companies.
| SEC 10. That the circuit court Of the district
/ having local jurisdiction of the suit or con-
! troversy by the laws Of the United States
! shall have the power to enjoin or restrain any
| such person, or corporations, or company, or
/ partnership from vi plating any OF the pr1vis-
ions of this act in all cases when such violation
may be threatened imminent, and TO en-
/ force its orders by pun shment of the persons
! or corporation who shall disobey or be con
cerRed in disoheying said orders--the persons
/ by both fine and Imprisonment, and the cor
| poration by fine.
See. IL. That in all suits at law. or equity
under this act the court in which the same are
pending shall have power 10 compel the pro-
/ duction, as evidence in court of any book, or
writing, or document in the possession or con-
/ troll of any witness or party, and may compel
! all necessary discovery from either party
and party or witness shall be ex ompt from
making such discovery or giving my evidence
! by reason that the same would cause a for
/ fixture against such witness or party, or tend
| to criminate MIN; but when such eliminating
evidence shall be given or disco very made,
neither the same nor any part thereof shall be
afterwards used against the person making
/ the discovery or giving the evidence IN any
I criminal prosecution against him whateg T.
! See. T. That the eaurts of The several
! States which by their organization and form
/ of procedure can take civil jurisdiction of
violations of this act may have concurrent
! jurisdiction with the United States courts of
any civil suit TO enforce any right secured by
this act, or to reeoyerany penalty or damages
herein prescribed fer such violation.