The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1883-03-08


late of such refusal and return, present
UGH petition to said commissioners, and |
aid commissioners shall, iE upon due
Inquiry and hearing of The petitioners
hey think that the public good demands
he examination, proceed 10 make il In i
he same manner as if called upon by |
he mayor and council of any CITY or |
he trustees of any township. Before |
TO make such examination |
in accordance with such application or
petition, said commissioners shall give
to the petitioners and railroad COM
neBy reasonable notice ia writing of
the time and place of entering upon
the same. IL upon such an examination
ii shall appear TO said commissioners
that the complaint alleged by the appli-
Giants or petitioners be well founded.
they shall SO adjudge, and they shall
then and there decide what is reasona-
BILE charge for such freight, and shall in
form the corporations operating such
railroad company, OF their adjudication
within ten days, and shall also report
their doings TO the governor; as provided
in section six of this act, and shall GER
tify TO such complaints the result of
such adjudication and such adjudication
shall be prima facie evidence of what is
a reasonable charge in the actions for
such service.
SEC. 10. Any railroad company which
shall violate any of the provisions OF
this act, shall forfeit for every such Of.
Tense 10 the person, company or corpora
ton aggrieved thereby, three times the
actual damages sustained by the said
party aggrieved, together with the costs
of suit and reasonable attorneys fee
to be fixed by the court; and if an ap-
F,saa1 Iaa fal 10 MD
part thereof, it shall be the duty of The
appellate court to include in Judgment
an additional reasonable attorneys fec
for services in the appellate court or
courts.
SEC. 20. Any railroad company or in
diyidual wilfully violating or evading
any of the provisions of this act, not
otherwise herein provided for shall for
each ofeuse forfeit and pay a penalty of
not Less than one hundred nor more than
five thousand dollars. All penalties
provided for In this act SIN all be recover
ed 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 has been committed,
upon the direction of the board
of railroad commissioners. If upou
the trial of such action the jury
SAaIl uuu lOI t1CJ Suuil as
sess and return with their verdict the
amount OF the fine to be imposed upon
the defendant, and the court shall rem
der 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 attorney general to as
sist such county attorney in the prose-
cution of any such action. No bond for
costs shall be required of the state in any
such action.
SEC. 81. All penalties provided under
this section TO be recovered by civil ac-
ton to be instituted and prosecuted in
the name OF the state, by the county at
torney OF the county in which the of
Tense is committed upon the direction
of the board of railroad commissioners,
and the judgment recovered shall be a
first lien upon all the property of the
railroad on which the same occurred,
and of the company by which such rail-
road Is operated. And ell such penal
ties SO recovered shall be paid into the
school fund of the county in which such
offense has been committed And the
hoard of railroad commissioners may
require the attorney 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.
SEC. %. In any action against any
railroad company tor violations of the
provisions of this act the plaintiff may
join in the same petition as many diff
erent causes of action as he may have
against such company arising under
this act
SEC. %. Any person who shall will
fully and corruptiy swear, testify or af-
firm falsely to any material matter, up
on any oath or affirmation or DECLARE
ton legally administered 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 wlltul and corrupt perjury, and shall
be punished by imprisonment in the
penltenuary- at hard labor for a term
not exceeding seven years.
SEC. "a. Said board of commissioners
shall keep an accurate record of all its
official acts, and shall also provide a
seal, on which shall be the impression
BOARD Of Railroad Commissioners,
State of Kansas, Seal" 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 re-
ceived in evidence with the like effect
as copies of the other public records.
SEC. %. 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 he 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 on any part thereof in this state,
free of charge.
SEC. &c. In constituting this act, unless
such meaning be repugnant to the con-
text or to the manifest intention of the
legislature, the term railroad shall in
clude and be construed to mean any in
corporated railroad company, or any eX-
press or transportation company, or any
railroad bridge company, or any person
or persons, lessee. assignee, trustee, re-
ceiver, partnership, joint stock company,
or corporation, engaged wholly, partial
lY, jointly or seYerally in laying out,
constructing, owning, operating, using
or maintaining any railroad operated by
steam, or any portion or part of such
railroad line. The word "person" shall
include persons, partnerships, joint stock
companies and corporations.
Sec. 81 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 the laws of this state for
the government of railroads.
Sec. %. Sections Sc, 81, So and 50,
chapter %, of the general statutes, are
hereby repealed.
Sec. 90. This act shall take effect and
be in force from and after its publication
in the official state paper.