The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-01-23
PATLzoAD SUPERVISION
II. n. No. x3

MAa - - - =
introduced by Mr.. Williamson, 81 Tar
roll, ard referred 2 COMMITTEES on Ril lil
roads.
i Az Acr to prcTids for the regulation OF
freight and passenger rates on railroads.
! and for the taxation OF the property OF
railroad companies in this State and Ior
/ ether purposes
szcrroy /. Be Il egaesed b. tie I<gfa1su {
/ Of tts State CT lNsssissppi. That the track OF
every railroad IN this State Is pubiIc
i highway. over which aII persons have equal
/ rights Of transportation for passengers and
/ freights, on the payment Of Just compen-
safif,1 70 the caTfar Of the railroad Tor
i sucll TRANSPORTATION, and airy person or
/ corporation engaged in the business OF
/ Transporting passengers or freIghts over
any railroad ia this state. who saaiI exact
Or receive for any sach transportation more
/ than Just com pensation for the services
/ rendered. OF demand more than the rates
/ specified III any bin of iading issued d
T such person or corporation, or VINO Tor ms
/ or its advantage. or foT the advantage OF
any connecting line. or Of any person OF
I locality. shall make any unjust diserIInina-
/ lion in trausp ortation against any Indi-
/ viduaI, locality or corporation, shaH De
& entity o. GNEOEIkDH. E244AA AAA SNNAl ~SF@ =
shall be for the jury 10 determine, from al
| the evidence, whether more than Just com
nensation was exacted and received, or
ohethar any srcl discrimination in trans
/ portation. which may be established by the
evidence AGAINST the individual, locality OF
CORPORATION. as the case mag be. was made
for the benefit or advantage of the person
or corporation operating such railroad, or
| of any person o. locality; provided, that
nothing in this act shall be construed to
prevent contracts for special rates for the
/ purpose OF deyeio2i2.: any industrial en-
/ terprise. or to prevent the execution OF any
such contract nov existing.
! SEC. , Be il further enacted, That the
| party III iured may recover of the person or
| corporation guilty Of extortion. as defined
| IN this Act twice the amount of damages
sustained By the oFercharge or unjust dis
| elimination, as the case may be, III any
court having jurisdiction of the amount IN
anv county whore th2 person or corporation
/ operating the railroad does business; but if
/ it appears that the service in which the ex-
| torti0n was committed was done at rates OF
upon terms previously approved by the
Railroad Commission hereinafter estab-
/ lished onty actual damages shall be re-
/ covered.
! SEC. >. Be it further enacted, That in all
suits to recover damages for extortion in re-
| spect to any transportation done at rates OF
uuon terms not higher than those previous
/ " approved bv the Railroad Commission
/ he plaintiff, ii he tail in the suit, shall
/ paw the costs AMI also a reasonable attor-
news fee to the d, PENDENT for defending the
cause, the amount TO be determined by the
court in which the case is tried, or by a jury
if demanded by either party.
SIC l. Be it further enacted, That any
cerson or corporation who shall commit
extortion, as defined by this act, wiIlfully,
shall be deemed guilty of mist emeanor
/ and on conviction shall be fined not less
/ than ten nor more than five hundred dol
lars for each oilense; but no such extortion
shall be deemed wiIiull, unless committed
by person or corporation which has failed
or refused to submit his or its tariff OF
charges to the Railroad Commission here
matter established, or having so submitted
the same, has refused to conform such
tariff to the requirements OF the COM
mission.
SEC. 5. Be it further enacted, That all
actions to recover damages under this act
shall be commenced within ninety days
| after the cause Of action accrues.
SEC. 6 b it further enacted, That the
| foregoing sectors Of this act shall not take
effect until aftsr The first day of July, A.
/ D., 1884.
SEC. :. Be it further enacted, That it
shall be the duty Of all persons or corpo-
| rations in this State who shall own or OPP
crate any railroad therein, to publish by
posting at all the depots the tariffs OF rates
| for Transporting freights, showing the rates
/ for each class. including general and spe-
cial rates; and it shall be unlawful for such
! person or corporation to make any reduc-
tion 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 gwen 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 s. Be- it further enacted, Thlt any
person or corporation who shall make any
reduction or rebate prohibited by this act
shall be guilty OF a mislemeanor, and, ON
conviction, shall be fined not less than ten
nor mere than five hundred dollars.
SEC. g. Be it further enacted, That any
person who knowingly receives the benefit
OF any such reduction or rebate, shall be
guilty of misdemeanor, and on conyic-
ton. shall be fined not less than ten nor
more than five hundred dollars.
SEC. 10. Be it further enacted, That this
Act shall not prevent any railroad com
pany from transporting freight or persons
free OF charge, or at reduced rates for any
religious, charitable or benevolent pur-
pose, CT for ans industrial exposition, fair
or asso ,iation CT public nature.
Sec IL. Be il further enacted, That Com
mission is Il hereby established, consisting
of a president and two associate commits
sioners to be known rs the Railroad Com
mission Of Mississippi" who shall be
elected for term of two years by the two
Houses of the State Legislature, on joint
ballot, and said com nis5ioners 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 1884. and until
their SUCCESSORS shall be qualified; said
railroad commissioners shall be State Off |
GERS, and before entering upon their duties |
shall take the oath of Office prescribed for
other State officers, and may be impeaekel |
and removed from Office by the Supreme |
Court for the same causes and in the same
manner az other State officers, and any |
vacancy shall be filled by the Governor,
No person il the employ of any /
railroad corporations, nor any person
owning or operating a railroad in this !
State, or owning any stock in any railroad |
shall be eligible to the Office
of commissioner Of railroads. And any
who shall accept any gift,
gratuity, emolument or employment from
any person or corporation owning or oper-
ating any railroad during his continuance
in office, exert a permit for himself to
pass over the railroad of such person or cor
poration, shall forfeit his office and may be
lmpeachel and removed from office for
that cause rs well as for any of the causes
specified b. law for the impeachment of
other State officers: and shall be subject to
a criminal prosecution and upon conyic-
.ioa. fined not less than one thousand dol
ars nor more than ten thousand or i'm
prisonment III the State Penitentiary not
less ti4ae ems nor more than ten years, or
both such fine and Imprisonment at the
discretion of the court.
SEC. II. Be it further enacted, That it
hall be the duty of the c0mm ssion to con-
ider and carefully revise all tariffs of
! s -ges for transportation made by any |
person or corporation owning or operating !
Fallfo&d IN TINS States ana II n the ludg-
nent of the commission any s1ch charge is y
more than Just compensation for which it /
5 proposed TO be made, or if any such s
harges amount to unjust discrimina- t
ion against any person, locality or corpo-
atiol. the commission shall notify the party {
making such charges Of the changes neces- |
airy to reduce the rate Of cilaEges to Just c
and to avoid unjust discrimi- I
Iation, and when such changes are made By l
uch party in the tariff or when none are 4
eemed proper and expedient, the members L
{ the commission shall append a certificate r
+ its approval TO such tariff of charges. $
sat in revising every such tariff, the-com- d
mission shall take into consideration the s
haracter and nature of the service to be p
erformed, and the entire business of such s
ailf1aa, together With its earnings from
be passenger and other traffic, and shall so s,
eyise said tariffs as e ali9S fair and Just c,