The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1883-03-08


Ing and srpropriatlng land. and lay
lA9 cut 80 01oGesUeee0R any sp9v,
switch or railroad track thsreover, and
connecting the same with any railroad
already constructed. And the right
TO use such spur. switch or TRACK shall
be public. at rates aud On terms and
conditions such ~ the board shall pre-
scribe, u tbs parties interested cannot
agree.
SEC. Is. II shall b the duty Of said
commissioners, upon the complaint
and spplloDtiOn Of tlie mayor and
councilef any city, o. The trustee of
any township. To make sR examination
Of the rate Of freight tariff charged 10y
any such company. any part of whose
location lies within the limits Of such
city or township; aud u - or more le-
gal voters In any city or township
shall. by petition In writing, request
the mayor aud council Of such city or
the trustee Of such township to make
the ssid complaint and application.
and the mayor and council, ar the
trustee, refuse or declips 10 comply
with the prnyen Of TIE petitioO, they
shall date the vops0o for such non
compliance u ws51ing upOn the petit.
| uOV, and return toU soiuie Ia the peti.
tlouers :anA tlss pstitooness niay there.
upon. within ten days from the date
Of such refusal and return. present such
petition to said commissioners and
sad coia0issonees sha11, II upon In.
Quiry and heariag Of thu petitioners
they sbInk the ,S66l6 good demands
| the exam lpation.s proceed to make u
| in the sasise mann g o " called upon
By the mayor aud enaneil ~! any city
or the trustee Of any township. Be
| fore proceeding to make such exami-
nation In accordance with such aPpli-
cation or petition, said commissioners
shall give To the petitioners aud rail.
road company reasonable notice In
writing Of the time and place Of enter
Ing upon the same. Ii upon such nm
examination II shall appear la sstd
commissioners that the complaint nj.
legged by the applicants or petitioners
be well founded, they shall 40 aijndge
aud they shall then and there decide
what Ii reasonable charge for sarh
freights, aud shalt inform the corpora
ton operating such railroad company
Of their adjudication within ten days,
acd shsll also report their doings to
the governor, m provided In sectiori
SIX " this act, and shall certify Ia sasch
cOmplainants the result Of such ad.
Indication, and such adjudication
shall he priD,d Jdcic evidence OF What
II \ reasonable charge la all actions
for such service.
SEcl9. Any rnilroad company which
| shall violate any Of the provisions of
this act shall forfeit for every suoli
| offence tn the person. company or cor.
pOrutIOn aggrievel thereby three
times the actual damages sustained by
the said party agHrieved, together WIN
the costs Of suit, and u reasonable nj.
toruey's fee, to be axed by the couft:
and u an appeal be taken from the.
/ Judgment, or any part thereof, II shall
he the duty Of the appellate court t.
include In the Judgment an additional
reasonable attorneys Zee for services
la appellate court or courts.
SIG - Any railroad company or
individual wilfuliy violating ar -vad'
Ing any Of the provisions Of this act
not otherwise herein provided for.
shall for each Oftense forfeit and pay q,
penalty Of not less than 100 nor more
than 500 dollars. All penalties pro-
vided for In this act shall be civil ne
| ton, to be instituted and prosecuted
| In the name Ofthe state by the county
attorney III the county In which the
| oiTense has been committed. upon The
| direction Of the board ot railroad com
missioners. II upon the trial az such
action the Jury shall find for the plain
till, they shall assess and return with
| their verdict the amount Of the fine Ia
II l.. lnf. Al
| the court shall rciid,r Judgment ac-
cOs,iingly. All such i''',sities M re-.
covered shall he pail ili." the school
fund Of tile county In which such of
tense has been co:nInittcd, aud the
bOarh Of railroad commissioners may
required the attorney general to assist
such county attorney In the proseru.
| ton Of any such action. No bond for
| costs shall he require Of the state iu
any such action.
SEC2 In any action against nn y
railroad company for violation Of the
| provisions of this net the plain,iirm
| Join In the same petition ~ many diff
| fprenc causes Of action ~ he ma,
have against such company arising
| under this act.
SEC. -. Any person who shall vii
fluffy and corfu ptly swear. testify ornf
tifiH falsely to any material matter,
upon any oath ~ affirmation or de-
| cIaration legally aslininisieeetl In AM
cause, matter or proceeding before
| said board, or any member thereof. al
| In any return, answer ar report re-
| auired BY this act Ia lee made, shall u.
| deemed guilty of wiifui aud corrupt
| perjury, and shall lie punished by i'm
| prisonnlent In the penitentiary n
hard labor fOr u term not cxcecslinf
seven years.
SEC q. Said board of commits
siOners shall keep nm accurate record
Of all Its official acts. and shall also
provide . seal, on which shal b. the
impression, 'll0Arh OF railroad com
| missioners, state of Kansas. seal
All process or certificates .isfued oi
given by the board shall be attestcI
by said seal Copies Of the record al
/ the board, certified by the secretary
and stteAtesl with the srsl Of the board
shall 10 received In evidence with the
like effect rs copies ~ other public
records. J.' '' .Ht
SEGA. Any member Of said board
while netting In the performance of
his duties a. such, together with such
clerk, aceblntaiit, expert. or other
spent. wlisms serrices lie ttccws 10 le
important In I'VE dise.iarge or sari
duties. shall have the right of passing
at all times over all railrOad trains, or
any part thereof, In this state, free oi
charge.
Ssc.g. Nothing In this act shall he
construed To stop or hinder any person
or corporation from bringing suit
against any such railroad company for
any violation Of any NJ the laws Of this
state for the government Of railroads
.SEC.A In constituting this act. un..
less such meaning he repugnant to the
context. or % the manifest intention
Of the legislature, the term "railrOad
compauy" shall include and be con
strued to mean any Incorporated rail.
road company, or any express or tran.
spOrtatiOn company, or any railroad
bridge company, or any person or
persons lessee, assignee, trustee, re-
ceiveF, partnership, joint-stock CONS
pany or corporation, engaged wholly,
partially Jointly or ssverally IN laying
out, constructing, owning. operating.
using or maintaining any railroad
operated by steam, or any portion or
part Of any such railroad fine. The
word "person" shall include persons,
partnerships, joiDt-stock companies or
corporations.
SIC. q. Sections fifty six. fifty-sesei,
nfty-eight aud hlty.nine Of chapter
twenty three Of the general statutes
are hereby repealed.
SIC. .. THIS oct shall take effect
and ~ n Hneee fP0m and AMER lie rub.
licati0u In the oliicial state paper.