The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-01-30
Inter state Commerce.


Be il enacted by the Senate and HOUSE
of Representatives Of the United States O
America in Congress assembled, That rail
roads extending through two or more
States, and employed IN carrying freight
or messengers between two or more States
shall be regarded as public highways fol-
purposes Of commerce among the several
/ States: and the persons or corporations
operating such railroad shall be subject &c
| legislative control and shall be ha6ls fol-
any violation Of the provisions Of this
act.
~. ?. That for the purpose Of execut
| ing the provisions of this act there shall Be
appointed By the President Of the United
States. BY and with the advice and consent
| of the Senate. Board Of Railroad Commits
| sioners consisting of six members, who
| shall hold their Offices for q term OF foul
| Years. and until their successors are quail
/ fed; and they shall each receive as full
| compensation for their services the sum Of
FIVE thousand dollars per annum, and theiI
actual and necessary travelling expenses, tc
/ be stated under oath and audited as the
| Secretary of the Treasury may direct Be
| fore entering upon the discharge OF their
duties they shall subscribe an oath that
/ they will faithfully and impartially per
| form them, and that they are neither dl-
rectly nor indirectly interested IN the own
ershlp or earnings of any railroad com
PAM whatever. which oath shall be filed in
the office of the Secretary of the Interior.
SEC. g. That the said Board of Commits
sioners shall establish two districts, en-
| bracing all the States and territories OF
the United States. and to each district shall
be assigned three members, who shall have
jurisdiction of the lines extending over the
same, the assignment to be made by and
under the direction of the Secretary of the
Interior.
SEC. 4. That to each division of the Board
of Commissioners the Secretary of the In
terror shall assign a competent secretary.
and provide it with stenographers and such
other clerical assistance as it may require;
and said secretaries and short hand repor-
tiers shall have a salary each at the rate OF
one thousand four hundred dollars per an
mum, and travelling expenses, to be approved
by the Commissioners
SEC. 8. That the said Board of Commits
sioners shall make for each of the lines OF
railroad which by designation of the Sec
rotary of the Interior shall have been
placed under its supervision, for the opera
tors of such lines, schedule of reasonable
maximum rates of charges for the trans
portation of the passengers and freight OF
said lines; said schedules to be published
in at least two newspapers in each of the
States through any part of which such lines
pass, and shall also be printed and kept
posted in each of the offices or depots OF
such railroads For the purpose of fixing
such reasonable maximum rates of charges
the said Board shall have power to admin
AL &ha of yT-if.
nesses, to send for persons and papers, and
compel the production before it of books
and records and papers, and the attend
ance of witnesses, in the same manner as
the courts of the United States may do;
and for this purpose it may issue process,
which shall be served by any marshal OF
deputy marshal of the United States, and
may punish for contempt persons wilfully
refusing to obey such process. The said
schedule of charges shall, in all suits
brought against any such corporation,
company, or persons under the provisions
of this act, be deemed and taken in all the
courts of the United States as prima facie
evidence that the rates therein fixed are
reasonable maximum rates of charges fol-
the transportation of freight, passengers
and cars upon or over the line of railroad
spectively prepared Said Commissioners
may, from time to time, and so often as cir
cumstances may require, change and revise
said schedules, and shall give reasonable
notice of such changes by publishing and
posting up such schedules. The schedules
aforesaid shall not be deemed invalid on
account of any failure of the Commission
ers preparing the same to include therein
all and every article or class of freight, but
shall be held to be good and valid as to all
articles or classes which are included or
embraced therein; but it shall be the duty
of such commissioners, whenever it comes
to their knowledge that any article or class
of freight has been omitted from any such
schedule, to amend the same as soon as
practicable, by adding any such omitted ar
ticles or class.
SEC. 6. That any corporation, company,
or person, being engaged in the operation
of any line of railroad through two or
more States or parts of States as afore-
siad, who shall be guilty of extortion by
charging, collecting, demanding, OF receiv-
ing more than the rate of toll or compen-
sation for the transportation of freight,
passengers, or cars over or upon any such
line prescribed by the Commissioners, shall
forfeit and pay for the first Offense sum
of not less than one nor more than five
thousand dollars, and for the second and
each subsequent offense not less than five
nor more than ten thousand dollars, to be
recovered by action to be brought in the
name of the United States, in any district
or circuit court of the United States, in the
form of an action of debt, or by such other
form of action as may be provided by the
law of the State in which such action is
brought for the recovery of money due on
contract; and it shall be the duty of the
district attorney for the proper district to
institute and prosecute all suits for the re-
covery of the penalty aforesaid; and the
corporation, company, or person being
guilty of such extortion shall also pay to
the party thereby injured sum double his
actual damages caused by such extortion.
including reasonable attorneys fees, to be
fixed by the court trying the case, the form
of action to be the same as in the case of a |
suit to recover the penalty hereinbefore |
provided. Either party to any action |
brought under the provisions Of this act |
shall have the right Of trial by Jury.
SEC, Z. That the schedules of charges |
herein provided shall take effect at snch |
time as the Board fixing them |
may determine, and they shall be prima |
facie evidence as aforesaid from and after |
thirty days from the date of their publica-
ton and posting as herein provided. The
said schedules shall be received and held in /
all suits under the provisions of this act as
prima facie evidence that they are schedules
Of said Commissioners.
Sec 8. That in making schedules for the
ines of railroad the Commissioners shall
provide that tho operators of said lines
hall neither directly nor indirectly re-
'eiye from any person or persons any
greater or less rate or amount of compen-
ation for the said service than is received
rom any other person or persons for like
md eontemporaneous service in handling
md transporting the same, nor shall any
ebate or drawback be allowed in any .
orm whatsoever. Such discrimination be-
Ween shippers, or allowance of rebate or !,
drawbacks, shall be treated as extortions.
nd be subject to the like penalties.
SEC. 8. That the Board Of Commissioners :
hall prescribe and publish as a part of its /.
chedules the provisions of the foregoing !
ection eight; and shall in like manner pro-
ide against any combination or agreement
mong common carriers. which, by break
1g bulk or transfers of any kind, would
perate to prevent the carriage of such
roperty from the place Of shipment to the
lace OF destination. Such eVasions shall
treated as extortion, and be subject to
lie like penalties. +,
SEC. 10. That in all cases where two or :
lore persons or companies or corporations !
ute together for the purpose of transport !
g freight or passengers over several lines 4
railroad from place in one State to !
lace in another State, the several lines
us operated together shall be treated as
le, and shall be equally bound by the pro-
sions of this act and liable for any viola T
ons thereof. 3
SIC. II. That for the purpose Of making
designations and discovering whether the
DIVISIONS Of this act and the schedules Is
lich they make are faithfully complied Of
th, the said Railroad Commissioners shall
We all the powers conferred upon them
section five Of this act; and Whenever g
faotA. in any manner ascsrtainsd, shall q
their Judgment, warrant 4 prosecution,
shall be the duty OF said Commissioners
cause suit to be commenced and prose-