Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-01-10

any railroad, on which to erect elevat ors
or warehouses, the company owning or OPP
Grating the railroad shall furnish the same
without unnecessary delay
Sec. 8. All companies operating lines
of railroad in this state, shall transport and
deliver all freights offered for transporta-
ton within a reasonable time and in the
order of their receipt for shipment; and
shall receive for transportation cars loaded
or empty, from the line of one company to
that OF another, and shall transport the
same when empty without charge for hand
ling, provided that they are to be returned
over the same line of road loaded and unless
they are SO returned they shall be charged
for at the rate hereinbefore specified; anu
in transporting cars empty or loaded, no
discrimination shall be made between cars
offered by different individuals, firms or
companies, or between cars belonging to
different railroad companies, neither in
charges made for hauling or transporting
the same, nor in the expedition in which
they are received and forwarded, but in all
cases they shall be transported without I'M
necessary delay, and in the order of their
being offered and received for shipment.
Sec 10. Any company operating any
guilty of discriminating, in any manner.
between persons, firm, companies, corpo-
ratiAps, villages, towns, or cities, shipping
ght over, or from which freights are
shipped over its road. by allowing any re-
bates, drawbacks, donations, or unusual
privileges, or by any device for evading
the intention of this law, such company
may be sued in any court having jurlsdlc-
ton, by any one or more of the persons, or
firms, companies, corporations, villages,
towns, or cities, which may be injured by
such unlawful discrimination, and the
accomplishments in all such suits shall be en-
titled to recover three times the amount of
injury shown to be sustained because of
such unlawful conduct on the part of the
company, together with the costs of suit
and reasonable attorneys fees, and every
person, firm, company, corporation, town,
city, or village that may be injured by
such unlawful discrimination or evasion
or device shall have cause for suit against
such railroad company for every such act
of unlawful discrimination, and they may
bring such suits individually or collective
ly as they shall elect.
Sec. II. Any person, firm, company,
corporation, town, village, or city that may
be injured by any railroad company.
through its violation of the provisions of
this act, in the matter of receiving excess
i've compensation for transporting freight,
or in unlawfnlly discriminating between
shippers of freight over.its line of road,
shall make complaint in writing to the
state railroad commissioner, the same by
oath or affirmation, in which he or they
shall set forth fully the transaction COM
| planned of, and such complaint shall be &C
compan1ed by whatever written evidence
the party may have, and by the names of
all persons known to him or them to have
knowledge of the facts. On receipt of such
complaint the railroad commissioner shall,
without unnecessary delay, proceed to
make full inquiry into the case, and if he
finds the complaint sustained, he shall
place the case in the hands of the attorney
general of the state, and that officer shall
forthwith prosecute the offending company
in the proper court, and upon conviction
such company shall pay fine of not less
| than $4,000 nor more than
$4,000, and it shall be estopped
from prosecuting it's business in this state
as railroad company until such fine is
paid, or its payment properly secured.
Sec -. If any company operating any
railroad in this state, after having once
been convicted and fined under the proyis-
ions of the preceding section of this act,
shall be again convicted of having violated
the same provisions of this act subsequent
| ~ to such former conviction, such second
conviction, shall be'deemed!to work an ex-
tipguishment of its corporate franchises;
and in that case proceedings shall be forth
with instituted by the railroad commits
sioner and attorney general for the vaca-
ton of its charter and extinguishment Of
| its franchises.
Sec. ID. In cases where no complaint
has been made to the railroad commission
sr of violation of the provisions of this
act, and wherein suits for damages have
been brought by individuals or other par
| ties, as provided for in a
previous section of this act, and
Judgment rendered against the
railroad company, it shall be the duty of
the clerk of the court before which such
case was tried, to send certified copy of
the records of the court in such case to the
railroad commissioner, and that officer
shall, upon receipt of the same, proceed to
prosecute the company so offending for
the collection OF the fine, as provided
Sec. Il. In all suits or examinations
arising tGz1der this act, it shall be the duty
of the county attorneys and the attorney
general of the state to render assistance to
the railroad commissioner when requested
to do SO by that officer, or the railroad
commissioner may employ other counsel
when necessary at the expense of the state.
Sec. Ii. On complaint being made to
him, properly verified of any violation ofthe
provisions of this act, other then those for
which penalties are hereinbefore provided,
it shall be the duty of the railroad COM
missioner to make thorough examination
into the facts, examining witnesses under
oath, and to require the railroad company,
in case there is just reason for complaint;
to comply with the provisions of this act,
and if it shall disregard his order and per-
sist in its unlawful conduct, he shall there
upon cause it to be prosecuted in the prop
or court for a fine not exceeding three
times the amount OF the injury occasioned
by its unlawful conduct to the complaining
parties, which fine is hereby declared to be
the penalty for such offenses, and the costs
of the suit and the necessary expenses in
Cured by the railroad commissioner in
prosecuting the case, such fines and penalty
to be collected as fines, are usually col
lected in this state.
Sec. 16. If any officer, agent, or en-