The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1883-04-07
RAILROAD COMMISSION.

this state; and to provide for the punishment
Of the same; and to appoint railroad COM
mission.
Sec. /. Be it enacted by the Gen
eral Assembly Of the state Of Tennes
see, that the main track and all The
branches of every railroad IN this
state is a public highway, over which
all persons have equal rights Of trans.
portation for passengers and freights,
lu the payment Of just and reasons A.
ble compensation TO the owner of the
railroad for such transportation; and
ray person or corporation engaged n
the business Of transporting passen>
gers or freights over any railroad 10
this state who shall exact and receive
for any such transportation more than
Just and reasonable compensation for
the services rendered, or demand
more than the rates specified in any
bill of lading issued by such person
or corporation, or who for his or its
advantage, or for the advantage Of
any connecting line, or of any person
or locality shall make any unjust and
unreasonable discrimination in trans
portation against any individual, To-
caity or corporation, shall be guilty
of extortion, and in every case it
shall be for the jury to determine
from all the evidence whether more
than Just and reasonable compensa-
ton was exacted and received, or
whether any such discrimination in
transportation which may be estah-
lished by the evidence against the in
dividual, locality or corporation, as
the case may be, was made for the
benefit or advantage of the person or
corporation operating such railroad,
or of any psrson or locality. Pro,
vided, that nothing in this act shall
be construed to prevent contracts for
special rates for the purpose Of devel-
oping any industrial enterprise, or to
prevent the execution of any con-
tract now existing
Sec. g. Be it further enact I'd, that
the party injured may recover Of the
person or corporation guilty Of ex-
tortion, defined in this act, ten times
the amount of damages sustained by
the overcharge or unjust discrimina>
ton, us the case may be, and rea,
sonable fee for the counsel prOsecu-
ting the case in any court having ju~
risdiction of the amount, in any
county where the person or corpora
zion operating the railroad does busi>
ness; but if it appears that the SER
vice 10 which the extortion was com.
mitted was done at rates or upon
terms previously approved by the
railroad commission hereinafter es-
tablished, only actual damages, and
no attorneys fee shall be recovered.
Sec. 3. BE it further enacted, that
it shall be the duty of the commits
sion to investigate and determine
whether the provisions Of this bill
have been violated; and whenever
said commissioners shall become satls-
fed that any railroad corporation has
violated any of the provisions Of this
act, they shall Immediately cause
suit or suits 10 be commenced and
prosecuted against any railroad cor
poration guilty of such violation in
in any court having jurisdiction Of
the subject matter Said suit shall
be prosecuted in the name Of the
state of Tennessee, and conducted by
the encouragement Of the judicial
circuit in which the same is institut-
ed under The direction Of said com,
missioners, and no suit 50 instituted
shall be dismissed without their con-
sent; all moneys so collected shall he
paid into the state treasury.
If upon the trial Of any cause fol
the recovery of the penalties provid'
ed in this bill the jury shall find for
the state, they shall assess and return
with their verdict the amount Of the
penalty to be imposed on the defend
ant at any sum not less than 500
nor more than $1,000, and the conrl
shall render judgment accordingly
Sec. 4 Be it further enacted, thai
in all suits or proceedings under this
statute the defendant may give il
evidence the fact that the rates Of
terms ia respect TO which extortion il
alleged had been previously APPROX
ed by the railroad commission herein
after established, and such approva
shall be primA facie evidence tht
such rates or terms were mot e&tor
tomato
Sec. 8, Be 10 further enacie tha
no rates OF charges for ervtVN 100 th'
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