The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-01-22

An AoT 20 provide for tho regulation Of
freight and passenger rates on railroads,
and for the taxation Of tho property Of
railroad companies in this State, and for
other purposes.
sDcr1oS /. BE L enacted By the L>gislaive
Of he StGts Of MissusiDpi, That the traclS.pf
every railroad in this State Is a pubic
highway, over which all persons have equal
rights Of transportation for passengers and
frelghts, on the payment Of just compen-
sati1n TO tho ownor Of the railroad for
such transportation, and any person or
corporation engaged Ia the business OF
Transporting passcngers or freigh.s over
any railroad in this State, who shall exact
or receive for any such transportation more
than Just compensation for the services
rendered, or demand more than the rates
specified IN any bill OF lsding issued b.
such person or corporation, or who for his
or ia advantage, or for tho advantage Of
any connecting line, or of sny person or
locality, shall! make any unjust disorinins-
ion IN transportation ogsins; any indi-
yid1at, locality or corporation, shall be
guilty Of eItortion, and ia every case i
shall be for the jury 70 determine, from all
tie evidence, whether more than just com
pensation was eKaeted and received, q
whether any such discrimination in tran8-
poftation, which may be established by the
evidence against the individual, locality or
corporation. rs the csso may be, was made
for the benefit or advantage OF tbs person
or corporation operating such railroad, or
OF any person or locality; provided, that
nothing in this Act shall DO construed TO
prevent contracts for special rates for the
purpose Of developing any industrial on
terprise, or TO prevent the execution Of any
such contract now existing.
Spo. 2. DO u further enocted, That the
party injured may recover OF the person or
corporation guilty OF eStor.ion, az defined
Ia this Act twice the amount OF damages
sustained by the oyercharge or unjust dis
elimination, as the case mny be, in any
court having jurisdiction Of the amount 10
any county where The poison or corporation
operating tho railroad does business; bat II
It appears th.t tho service IN which the ez-
torhon was committed war done ut rates or
upon terms previously approved by the
Railroad Commission hereinafter ostab-
lished, onty actual damages shall DO re-
covered
SIC. 3. Be it further enacted, That in all
suits TO recover damages Tor cxt0rion in re-
| spcct to any transportation done at rates or
upon terms not higher THIN those previous.
IL approved by the Railroad Commission
the plaintiff il he tail in the suit, shall
paw the costs and also reasonable attOr-
neyA fee to the delendtni Tor defending the
cause, the amount 10 be determined by the
court in which the case is tried, on by Jury
ii demanded by either party.
SrC. 4. BE il further enacted, That any
person or corporation who shall commit
extorton, "a defined by this act, willfully,
shall be deemed guilty OF misoenean0r
and on conviction shall be fined not lesp
than ten nor more than five hundred dol
lars for each oilense; but no such extortion
shall be deemed wil'ull, unless committed
by person or corporation which hss failed
or refused to submit hs or ts tarid OF
charges to the Railroad Commission here
matter established, or having 40 submitted
the same, has refused 20 conform such
tariff to the requirements Of the com
mission.
See. 5. BE il further enacted, That all
actions to recover damages under this act
shall be commenced within ninety days
after the cause of action acerues.
SEC. BE il further enacted, That the
foregoing sections Of this act shall not AXE
effect until after the FIRST day Of July, A.
d., 1884.
SEC. 7. BE it further enacted, That ii
shall be the duty OF all persons or corpo-
ratons in this State who shall own or OPP
crate any railroad therein, to publish b,
posting at all the depots the tariffs Of ratce
for transporting freighs, showing the rates
for each class. including general and spe
cial rates; and it shall he unlawful for such
person or corporation TO make any reduc-
ton or rebate from such tariff In favor of
any person corporation which shall not be
made in favor Of all other persons or cor
porations by change in such published
rates; but special rates may be given to
any person or corporation TO aid him or ii
in developing any industrial enterprise,
but such special rates must be published as
the general rates are.
SEc. 3. BE it farther enacted, That any
person or corporation who shall make any
reduction or rebate prohibited by this act
shall be guilty OF misdemeanor, and, ON
conviction, shall be fined not less than ten
nor moro than five hundred dollars
SEQ o. Be il further enacted. That any
person who Knowingly receives the benefit
any such reduction or rebate, shall DO
guilty of a mis1emeanor, and on convic-
ton, shall be fined not less than ten nor
more than five hundred dollars.
SEC. 10. Be it further enrcted, That this
Act shall not prevent any railroad COM
pany from transporting freight or persons
free of charge, or Mt reduced rates for any
religious, charitable or benevolent pur-
posa, or for any industrial exposition, fair
or asgo iation of public nature.
Sso. Ill, BE it further enacted, That Com
mission is hereby established, consisting
OF president and two associate commits
sioners to be known as the RAILROAD Com
mission Of Mississippi" who shall be
elected for term of two years by tho two
Houses of the State Legislature, on joint
ballot, and said commissioners shall be
elected during the session of the Legisla- |
ture, and shall hold office for the term of |
two years from the first Monday in March,
commencing with the year 1854, and until
their successors shall be qualified; said |
railroad commissioners shall be State OH |
GERS, and before entering upon their duties
shall take the oath of Office prescribed for |
other State officers, and may be impeactei
aud removed from Office by the Supreme
Court for the same causes and in the same
manner as other State officers, and any
vacancy shall be filled by the Governor.
No person in the employ OF any
railroad corporations, nor any person
owning or operating railroad IN this
State, or owning any stock in any railroad
corporation, shall be eligible to tho Office