Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1883-03-15
VOL. V.-NO. 81.

of whose location lies within the limita o.
such city or township; and if twenty-five or
more legal voters IN any city or township
stall, by petition in writing, request the Mayor
and Council of such city, or the Trustee OF
such township, to make the said COMPLAINT
and application, and the Mayor and Council,
or the Trustee, refuse or decline to comply
with the prayer of the petition, they shall
state the reason for such Noncompliance in
writing upon the petition, and return the
same to the petitioners; and the petitioners
may thereupon, within ten days from the date
of such refusal and return, present such petit
ton to said Commissioners, and said Conn
missioners shall, If upon due inquiry and
hearing OF the petitioners they think
that the public good demands the ex-
animation, proceed to make it in the same
manner as if called upon by the Mayor and
Council of any city or the Trustee OF any
township. Before proceeding to make such
ton or petition, said 5SanmlsSioaeES shall give
to the petitioners and railroad company reasons
able notice in writing of the time aTid place OF
entering upon the same. If upon such an
examination it shall appear to said Commits
sioners that the complaint alleged by the ap-
plicants or petitioners be well founded, they
shall so adjudge, and they shall then and
there decide what is a reasonable charge for
such freight, and shall inform the corpora
tions operating such railroad company, OF
their adjudication within ten days, and shall
also report their doings to the Governor, as
provided in section D or this act, and shall
certify to such compliments the result of
such adjudication, and such adjudication shall
be prima iacie evidence of what is a reason
able charge in all actions for such service.
Section 10. Any railroad company which
shall violate any OF the provisions of this
act shall forfeit for every such offense to
the person, company or corporation aggrieved
thereby, three times the actual damages sus-
tanned by the said partyaggrieved, 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
oh, hn rNunEF
court to include in the judgment an additional
reasonable attorneys fee Tor services In the
appellate court or courts.
Section 20. Any railroad company or indi-
vidual W ilfully violating or eyading any of the
provisions of this act not otherwise herein
provided for shall for each offense forfeit
amt pay penalty of not less than one hun
bred nor more than five thousand dollars. All
penalties provided for in this act shall be re-
covered by a civil action, to be instituted and
prosecuted in the name of the State by the
County Attorney OF the county in which the
Offeuse has been committed, upon the direc-
tion of the Board of Railroad Commissioners.
If upon the trial of such action the jury shall
find for the plaintiff, they shall assess aud re-
turn with their verdict the amount of the fine
to be imposed upon the defendant, and the
court shall render Judgment accordingly. All
such penalties so recovered shall be paid into
the school fund Of the county in which such
offense has been committed, and the Board of
Railroad Commissioners may require the At
tOrneY Generalto 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 81. All penalties provided under
this section shall he recovered by civil action
to be instituted and prosecuted in the name of
the State, by the County Attorney of the county
in which the offense is committed, upon the de
rection of the Board of RailroadCom
and the judgment recovered shall be first lien
upon all the property of the railroad on which
the same occurred, and of the company By
=
such penalties so recovered shall be paid into
the school fund of the county In
which such offense has been 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 JON in the same
petition as many differtiH causes of action as
he may have against such company arising
under this act.
Section %. Any person who shall wilfully
and corruptly swear testify or affirm falsely
to any material matter, upon any oath or az
tirmatiOn or declaration legally adm nistered
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 inn
prisonment in tn 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.n 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 evil
dence with the like effect as copies OF other
! public records.
Section %. 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 ne
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 &C. In constituting this act unless
such meaning be repugnant to the context OF
to the manifest intention of the Legislature,
the term railroad company shall include and
be construed to mean any incorporated rail-
road company, or any express or Transports
ton company, or any railroad bridge company,
or any person or persons, lessee, assignee,
trustee, receiver, part Crsh1p, Joint STOCK
company, or corporation, engaged wholly,
partially, jointly or severally in laying out,
constructing, owning. operating, using OF
maintaing any railroad o. Grated by steam, OF
any portion or part OF such railroad line, The
word "personn shall include persons, partner
SHIPS, JOINT STOCK com f)dnleS ana cor lots
Section %. Nothing in this act shall be
construed to estOp or hinder any persons or
corporations from bringing suit against any
such railroad company for any violation OF
any of the laws of this State for the govern
ment of railroads.
Section IS. Sections IS, So, So and SO, chap
ter o, of the General Statutes, are hereby re-
pealed
Section %. This act shall take effect and
be in force from and after its publication IN
the official State paper.
Congregational AppOrtIOnment.
AS agreed upon by the Conference Com.