The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-01-29
NUMBER II
Interstate Commerce.
Mr. Barksdale's Bill to regulate commerce
by railroad among the several States.

Mr.. Barksdale's Bill to regulate commerce
by railroad among the several States.
Bo il enacted by the Senate and House
OF Representatives OF the United States Of
America in Congress assembled, That rail
roads extending through two or more
states, and employed in carrying freight
or passengers between two or more States,
shall be regarded as public highways for
purposes OF commerce among the several
States, aud the persons or corporations
operating such railroad shall be suhjee, 10
legislative control, and shall be liable for
any violation OF the provisions Of this
act.
SEC. ?. That for the purpose Of osccnt.
ing the p9 Fiaions Of this act there shall be
anPeia rlx, Aba President of TIE United
i Stntrse eglanA with tho advice aud consent
OF the Senate, Board Of Railroad Commis.
slohers consisting OF siI members, who
shall hold their otheca for term OF four
years, and until their snccessors are uuRK-
hedi and they shall each receive as fun
compensation for their serviccs the eum az
five thousand dollars per AMMAN, and their
actual and necessary travelling expenses. 20
hc stated under oath and auditta n, lha
Secretary OF the Treasury may direo, De-
fore entering upon tho discharge OF heir
duties they shall subscribe an oath rat
they will faithfully and impariially PEI.
form thom, and that they are neither di.
rectly nor indirectly interested in the own.
ership or earnings of any railroad COM
pany whatever, which oath shall be tied in
the Office OF the Secretary OF the Interior.
SIC. 3. That tho said Board OF Commis-
siouers shall Establish two districts, en-.
bracing all the States and orritories OF
the United States, and 60 each let shall
be assigned three members, vi " 4ull have
jurisdiction Of tho lines extending over the
same, the assignment to bo made 10y and
under tho direction Of tho Secretary OF tho
Interior.
Sso. 4. That 10 each division Of tho Board
OF Commissioners the Secretary OF the In
terrier shall 0saign competent secretary,
and provide IL with stenographers and such
other clerical assistance AS it may reauire;
and said secretaries and short hand repor.
ters 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.
SEo, 9. That the said Board OF Commits.
sioners shall make for each Of tho linea OF
railroad which by designation OF tho Sec
rotary OF the Interior shall have been
, placed under its supervision, for the opera
! tors OF such linss, u schedule OF reasonable
J maximum rates Of charges for the trans
{ portatlon OF tile passengers and freight Of
, said lines; said schedules 10 be published
IN at least two newspapers In each Of the
States through any part of which such lines
pasA, aud shall also be printed aud keut
paasel IN zach "a the 0tNosa OF dopots of
such railroads. For the purpose Of fixing
! such reasonable maximum rates OF charges
! the said Board shall have power TO admin
J ister oaths, 10 take the testimony Of wit
nesses, 10 send for persons and papers, aud
compel the production bstOre It of books
and records and papers, and the attend.
ance OF witnesses, IN the same manuer as
the courts Of the United States may do;
and Tor this purpose II may issue process,
which shall he served by any marshal or
deputy marshal Of the United States, and
may punish for contempt persons silfully
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 thus act, be deemed and taken In all the
courts OF the United States az prima facie
evidence that tho rates therein tiEed are
reasonable maximum rates Of charges for
the transportation OF freight, passengers,
and cars upon on over the line OF railroad
for which said schedules may have been ro-
spectively prepared Bald Commissioners
may, from time 10 time, and 80 often a. cir.
cumstanoes may require, change and revise
! said schedules, and shall give reasonable
notice Of such changes by publishing and
: aot.. ftnla
aforesaid shall not be deemed invalid on
account OF any failure Of the Commission
crs preparing the same to include therein
all and every article or class Of freight, but
shall be held 70 be good and valid ~ 70 all
. articles or classes which are included or
embraced therein; but Il shall be the duty
Of such commissioners, whenever II comes
. 10 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 or.
! ticles or class.
: SEC. 6. That any corporation, company,
. or person, being engaged in the operation
Of any line vi railroad through two or
e more States or parts of States a. afore-
3 siad, who shall be guilty Of e1tortion by
. charging, collecting, demanding, or receiv'
u ing more than the rate OF toll or con pen.
sation for tho transportation Of freight
: passengers, or cars over or upon any such
? line prescribed by the Commissioner, shall
: forfeit and pay for the first offense sun
: Of not less than one nor more than five
e thousand dollars, and for the second ant
Is each subsequent offense not less than fiv'
e nor more than ten thousand dollars, 10 bt
Is recovered by action 10 be brought in the
b name of the United States, in any distric
8 or circuit court Of the United States, in thu
form of an action of debt, or by such othei
y form Of action as may be provided by th'
- Law Of the State in which such action il
n brought for the recovery Of money due OF
!, contract; and it shall he the duty Of tht
q district attorney for the proper district Il
q institute and prosecute all suits for the re
Is covery Of the penalty aforesaid; and tn
= corporation, company, or person being
es guilty Of such extortion shall also pay t
e the party thereby injured sum double hi
q, q, actual damages caused by such eItortion
u including reasonable attorneys fees, to b.
\ fixed by the court trying the case, the form
I. Of action 10 be the same as in the case OF
n suit 10 recover the penalty hersinbefor
"a provided. Either party TO any actor
e brought under the provisions Of this &C
se snail have the right Of trial by jury.
Sc SEC. 7. That the schedules Of charge
4. IL II. -. -