The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-02-01

railroad bill, which is as follows:
A BILL, To be entitled an act to impose privi-
lege tax on railroad companies that discrim-
mate in their freight or passenger rates and
charges, and for other purposes.
SECTION l. Be it enacted by the Legislature
Of the State of Mississippi, That ifany railroad
company owning and operating a railroad
in this State, shall charge, collect or receive
for the transportation of any passenger or
freight of any description upon its road for any
distance within this State, the same, or greater
amount of toll or compensation than is, at the
same time charged, collected or received Tor
the transportation, in the same direction of
any passenger, or like quantity and quality of
freight of the same class over greater dis
lance of the same rairoBd; or ii il shall
charge or receive at any point upon its rail-
road for hauling freight for the same or
shorter distance a higher rate or toll or
compensation for hauling freight of the
same class and quantity, than it shall
at the same time charge, collect or receive at
any other point upon the same railroad or if
it shall charge or collect for the transporta-
tion of any passenger or freight over its rail-
road greater amount, as toll or compensa-
tion than shall, at the same time, be charged
or collected by ii for the transportation of any
passenger, or like quality of freight Of the
same class, being transported in the same
direction, over any portion of the same rail
or collect from any person, for the transpOrta-
ton of any freight upon its railroad a higher
or greater rate of compensation or toll than il
shall, at the same time, charge or collect fran
any other person, for the transportation Of the
like quantity of freight of the same class In
the same direction over equal distances Of tho
same railroad all such rates and charges, and
tolls, shall be deemed and taken against such
railroad company as Determinations in their
freight rates and passenger tolls, rates and
charges
SEC. 2. Be it further enacted, That If any
railroad company owning and operating a
railroad in this State, shall discriminate in
their tariffs, passenger rates or freight
charges or tolls as set forth in the first section
of this act against, or in favor OF any citizen
of this State, such railroad company shall
pay to the Stateo Mississippi into the hands
of the Treasurer, on the warrant Of the Audi
tor of Public Accounts, on or before the 10Th
day Of November in each and every wear.
privilege tax of Two Thousand Dollars ner
mile for each mile of the line of such company
as lie in this State, and in asoeFtaining the
number of miles in this State Of the different
railroads in this State, that may here
after become liable TO pay the privilege tax
herein imposed, the schedules filed BY such
railroad companies with the Auditor of Public
Accounts in the year 1881, under section
597, Of the Revised Code of 1880, shall be
pFima faeie evidence of the number of miles Of
railroad operated by such companies in this
State, and all such tax shall DO lien upon
the property of such company as other taxes.
SEC. 3. Be it further enacted, That if any
such railroad company, or express company,
shall become liable TO pay the tax herein i'm
posed, by discriminating in their tariff rates
freight charges and rates, or passenger tolls.
as foresaid and shall fail to pay the tax
aforesaid by the 18th daylof November in each
year in which they have become liable 10 paw
said tax, on the warrant Of the Auditor Of
~ g. \
pany may be proceeded against by the State
to collect said taE, in an action at law upon
the ffidavit Of any citizen Of this State that
such company has discri 10 mated in their
freight charges or tariff rates. and passenger
tolls, as hersin set forth; and it is hereby made
the duty of the Attorney General Of this State,
aud also the duty of the DistrictAttorneyofthis
State TO enter and prosecute such suits for the
collection Of said tax, in the name of the State
of Mississippi, and upon all such OBLIGATIONS
made by such sui's the prosecuting attorney
shall receive ten yer cent. on the amounts 40
collected by then en- such suits.
SBc. 4. Re it further enacted That In add.
tion to the remedy provided for in the forego-
ing section for the eollec ion of the tax i'm
posed by this act, should any Of the
railroad companies or express companies be-
come liable to pay the same to the Auditor of
Public Accounts of this State, upon affidavit
being made as aforesaid, may proceed "a col.
lect the same in the following manner.
He may issue distress warrant against
such company thai may be liable TO this tax
for the AMOUNT Of such tax, aud the
same may be issued to any sheriff in the
State, whose duty it shall be to levy the same
upon any real or personal properly Of the
company to be found IL his county, and TO
sell the same &c Oyher property of like char
acter IS sold tor taxes; and in the collection Of
said tax the Auditor of Public Accounts is
hereby empowered to do all such acts and
wi Of
authorized TO do by law; and should he fail
to realize the tax and cost from the sale of the
otherwise, he is hereby authar-
lied and empowered to expose 10 public sale
to the highest bidder, for easA, all the property
of such defaulting taiiroad companv tving
and being X this State, together with its fran
ohlsss after giving thirty days notice of tie
time and place of sale in some newspaper pub
lished in the city Of Jackson, and make con-
veyance thereof tat the purchaser; andit shall be
the duty II Inc Governor TO issue his warrant 70
any of the sheriffs along the line Of such
railroad, authorizing and empowering and
the sherias 50 put such pur-
chasers into the full and complete possession
Of aaeh railroad and allits property sold, and
the sheriff shall execute such warrant at
once.
SEC. 5. Be it further enacted, That. upon the
payment Of the tax herein imposed. Il shall
be in lieu of all other State taxes due from
such company for the year in which such pay
ment Is made.
SEC. 8. Be it further enacted, That section
6O8 Of the Revised Code Of 1880, in relation 10
imposing privilege tar On railroads, be and
the same is hereby repealed,
SEC Z. BE It further enacted, That no rail- |
road company shall be liable to taxation |
under this act, white the same is in process
Of construction, but If forty miles Of such
railroad shall be finished and uses foF profit,
that part 50 finished shall be subject to taxa
lion under this aet. ~ other railroads, Pro- /
vided, That sueh railroad diseriminates in its
Ireighs charges, tariff rates, or passenger tolls,
IS set forth IN this act.
SIC. 5. Be it further enacted, that this ACT
lake effect from and After the 18th day Of !
April. 1881
II viii be seen By the Senate proceed
ings that all us regulating the sale Of