Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1883-02-01
;Mistellaueuns &eadiug.
ACTS OF THE LEGISLATURE.
THE RAILROAD COMMISSION.

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ACTS OF THE LEGISLATURE.
THERAILRoAD CoMM1ssI0N
AN ACT to Amend an Act entitled "An Act tt
Provide general Railroad Law for the Man
agement and Regulation of Railroads in this
State and for other Purposes.
SECTION /. Be 1t enacted by the Senate and
| House of Representatives of the State of Soutf
Carolina, now met and sitting in General AS
sembly, and by the authority of the same
That Section % of an Act entitled IAN Act
to provide general railroad law for the man
agement of railroads in this State, and for the
appointment of Railroad Commissioner, and
to prescribe his powers and duties, the said
Section being incorporated into and forming
part of Chapter XII of the General Statutes OF
this State, 1882, and numbered therein as Sec
tion 1440," be, and the same is hereby, amend
ed so as to read as follows Section %, (144O.
1t shall be unlawful for any person or persons
engaged alone, or doing business with Others
in this State, in the transportation, shipment
or receiving Of property by railroads, and
whether now organized or which may hereaf-
ter be organized, under or by virtue of any
Act of incorporation or general law of this or
any other State, now in force, or which may
hereafter be enacted, or whether doing busi-
ness without being thus organized or incorpo-
rated, to charge, collect, demand or receive
more than fair and reasonable rate of toll OF
compensation for the transportation OF passen-
gers or freight of any description, or for the
use and transportation of any railroad car up
on it's track or any OF the branches thereon, or
upon any railroad within this State which it has
the right, license or permission to use, operate
or control.
SEC. 2. That Section 20 of the Act afore-
said. the same being known as Section 1441 OF
the General Statutes Of this State, be, and the
same is hereby, amended so as to read as fol-
lows 1t shall he unlawful for any such per-
son or persons so engaged as aforesaid to make
any unjust discrimination in its rates or
charges of toll or compensation for the trans
pOrtation of passengers or freight of any de-
scription, or for the use and transportation Of
any railroad car upon its said road, or upon
any of the branches thereof, or upon any OF
the railroads connected or working in connec-
tion Herewith, or which it has the right, IL
cense or permission to operate, control or use !;
or for any person or persons so engaged as atore-
said or any person or persons engaged solely
in the shipment or receiving of property, di-
rectly or indirectly, to allow or receive any re-
bate, drawback or other advantage in any form
upon shipments made or services rendered or
received as aforesaid by it, him or them.
SEC g. That Section 30 of the Act afOre-
said, the same being known as Section 1442 Of
the General Statutes of this State be, and the
same is hereby, amended SO as to read as
follows 1t shall he unlawful for any such per-
son or persons so engaged as aforesaid to
charge, collect or receive for the transporta-
tion of any passenger or freight of any de-
scripti0n upon it's railroad for any distance
within this State the same or a greater amount
of toll or compensation than is at the same
time charged, collected or received for the
transportation of any passenger or like guam
tity of freight of the same class over greater
distance Of the same railroad or to charge,
collect or receive at any point upon its rail-
road higher rate of toll or compensation for
receiving, handling or delivering 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 to
charge, collect or receive for the transpOrta-
tion of any passenger or freight of any descrip-
tion over it's railroad a greater amount as toll
or compensation than shall at the same time
be charged, collected or received by it for the
transportation of any passenger or like guam
tity of freight of the same class being trans
ported over any portion of the same railroad of
equal distance or to charge, collect or receive
from any person or persons higher or greater
amount of toll or compensation than it shall
at the same time charge, collect or receive
from any other person or persons for recelVlng
handling or delivering freight of the same class
and like quantity at the same time upon its
railroad or to charge, collect or receive from
any person or persons for the transportation
of any freight upon it's railroad a higher or
greater rate of toll or compensation than it
shall at the same time charge, collect or re-
ceive from any person or persons for the trans
portatiOn of like quantity of freight of the
same class being transported from the same
point over equal distances of the same rail
road or to charge, collect or receive from any
person OF persons for the use and transporta-
tion of any railroad Car or cars upon its rail-
road for any distance the same or greater
amount Of toll or compensation than is at the
same time charged, collected or received from
any other person or persons for the use and
transportation of any railroad car of the same
class or number for like purpose being trans.
ported over greater distance of the same
railroad ; or to charge, collect or receive from
any person or persons for the use and trans
portation of any railroad car or cars upon its
railroad higher or greater rate Of toll or COM
pensation than it shall at the same time
charge, collect or receive from any other per-
son or persons for the use and transportation
Of any railroad car or cars of the same class or
number for a like purpose being transported
from the same point over an equal distance OF
the same railroad. And all such discrimina-
ting rates, charges, collections or receipts,
whether made directly or by means of any re-
bate, drawback or other shift or evasion, shall
be deemed and taken against such person or
persons so engaged as aforesaid as prinu1 facie
evidence Of the unjust discrimination prohlb-
tied by the provisions of this Act. This Sec
bo11 hn pctr ol tO
other evidence tending to show any unjust dis
elimination in freight and passenger rates.
The provisions of this Section and the two
preceding Sections shall extend and apply to
any railroad, the branches thereof and any
road or roads which any such person or persons
so engaged as aforesaid has the right, license
or permission to use, operate or control, who'll
ly or in part within this State: Prorided, hOW-
erer, That nothing herein contained shall be so
construed as to prevent such person or persons
so engaged as aforesaid from issuing commu-
tation, excursion or thousand tickets as
the same are now issued by such corporations.
SEC. L. That Section 32 of the said Act,
the same being known as Section 1444 Of the
General Statutes of this State, be and the same
is hereby, repealed.
SEC. 5. That Section 80 of the Act afore-
said, the same being known as Section 1451 OF
the General Statutes of this State, be, and
the same is hereby amended 50 as to read as
follows There shall be three Commissioners
appointed by the Governor, with the advice
and consent of the Senate, to carry out the
provisions of this Act, of whom one shall be a
resident of one of the following named Coun-
ties, to wit Oconee, Pckens, Anderson, Alb
beville, Greenville, Spartanburg, York, Union,
Newberry, Laurens or Edgelield; one other a
resident of one of the following named Coun-
ties, to wit: Chester Lancaster, Fairfield,