The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-03-09
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Section 49, Any such railroad corporation
which shall violate any of the provisions OF
this act, Is to ext0rtion or unjust discrimna-
ton, shall forfeit for every such offense to
the person, company or corporation ag-
grieved thereby, three times the actual
damages sustained or overcharges paid by
the said party aggrieved, together with
the costs Of suit, and . reasonable attorneys
fee, to be fixed by the court; and If an appeal
be taken from the judgment or any part
thereof, It shall be the duty OF the appellate
court to include in the Judgment an additional
reasonable attorneys fee Tor services in the
appellate court or courts.
Section 20. II after the Board OF Railroad
Commissioners have under the provisions of
sections II, II or Is of this act, determined
what are reasonable rates to be charged by
any railroad operated in this State, for the
transportation OF freight thereon the com
the company operating such railroad shall
charge, demand or receive more than . roa-
sonable compensation for the transportation
Of any freight thereon, or If any such
railroad company shall charge, de-
mand or receive for the trans
sum in excess Of the rates fixed therefor by
section Of this act, such railroad company
shall be deemed guilty of eXtOrt on, and shall
pay to the State for every such act OF extor-
ton, 81 900. If any railroad company. operat-
ing any railroad in this State shall discrim-
mate between persons or places, in violation
as to compensation charged or facilities
afforded, shall pay to the State for every such
act of discrimination the sum Of 5000, and
all drawbacks, rebates or any shift or device to
favor one patron which is not granted to all
persons alike, shall be deemed discrimina-
ton within the meaning of this act
Section 81. All penalties provided by the
preceding section shall be recovered by a
civil action instituted and prosecuted in the
name of the State, by the County Attorney of
the county In which the act of eXtortion or dis
elimination Is committed, upon the direction
OF the Board Of Railroad Commissioners, and
the judgment recovered shall be a first lien
upon all the property of the railroad on which
the same occurred, and of the company by
which such railroad is operated. And all
such penalties so recovered shall be paid into
the school fund OF the county In which such
act OF extortion or discrimination is commit
ted. And the Board of Railroad Commits
sioners may require the Attorney General of
the State to assist such County Attorney in
the prosecution of any such action. No bond
for costs shall be required of the State in any
such action.
Section %. In any action against any rail-
road company for violation Of the provisions
OF this act the plaintiff may join in the same
petition as many different causes of action as
he may have against such company arising
under this act.
Section %. Any person who shall willfully
and cOrruptly swear, testify or affirm falsely
to any material matter, upon any oath or af-
frmation or declaration legally administered
in any cause, matter or proceeding before said
Board, or any member thereof, or in any re-
turn, answer or report required BY this act to
be made, shall be deemed guilty of wilful and
corrupt perjury, and shall be punished by i'm
prisonment in the penitentiary at hard labor
for term not exceeding seven years.
Section "a. Said Board of Commissioners
shall keep an accurate record Of all its official
acts, and shall also provide seal, on which
shall be the impression BOARD OF Railroad
Commissioners, State OF Kansas, Seal" All
process or certificates issued or given BY the
Board shall be attested by the seal of the
Board. Copies of the record of the Board,
certified by the Secretary and attested with
the seal of the Board, shall be received in evi.
dence with the like effect as copies Of other
public records.
Section 25. Any member of said Board while
acting in the performance Of his duties as
such, together with such clerk, accountant or
expert or other agents, whose services he
deems to be important in the discharge of said
duties, shall have the right Of passing at all
times over all railroads and on all railroad
trains or any part thereof in this State, free of
charge.
Section 26. In the construction of this act,
the phrase railroad" shall be construed to
include all railroads and railways operated by
steam or otherwise, and whether operated by
the corporation owning them, or by other
or otherwise. The phrase ''rail-
road corporation" shall be construed to mean
the corporation which constructs, maintains
or operates railroad.
Section q. Nothing in this act shall be con-
strued to estop or hinder any persons or cor
porations from bringing suit against any such
railroad company for any violation of any OF
the laws OF this State for the government OF
railroads.
Section %. All acts or parts of acts incon-
sistent with this act are hereby repealed.