The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-03-19
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STATE OF MISSISSIPPI.
[rUBLIsHED By AUrHoRIrY.l

freight and passenger rates on rallroads
in this State and to create commission
TO supervise the same and for other pur-
poses.
SEorrox /. Be it enacted By the Legisla-
ture Of the State of Mississippi. That the
/ track of every railroad In this State IS a
public highway over which all persons have
equal rights of transportation for passen-
gers and freights on the payment Of Just
/ compensation to the owner of the railroad
for such transportation; and any person or
corporation engaged in transporting pas
sengers or freights over any railroad IN
/ this State. who shall exact, receive or de-
mand more than the rate specified IN any
bill of lading issued by such person or cor
poration. or who for his or its advantage,
or for the advantage of any connecting
line, or for any person or LOCALITY, snall
make any discrimination In transportation
against any individual, locality, or corpof-
/ alton, shall be guilty of extortion
SEC. 2. Be it further enacted, That the
party injured may recover of the person or
| CORPORATION guilty of extortion, as defined
| in this act. twice the amount of damages
sustained by the oYercharge or discrimina
tiou. as the case may be, in any court hav-
| ing jurisdiction of the amount in any coun-
ty where the person or corporation operat-
| ing the railroad does business. And that
such actions to recover damages under this
act shall be commenced within ninety days
| after the cause of action accrues.
/ SEC, 8. Be il further enacted, That any per-
son or corporation who shall commit extor-
ton as defined by this act, shall be guilty OF
| a misdemeanor, and on conviction shall be
! fined not less than ten nor more than five
hundred dollars; provided, that no action
| for damages shall be sustained for. extor-
| ton. or penalty inflicted for a violation of
this act, against any person or corporation
/ who has previously submitted its passenger
rates and schedule of freight charges to
| the railroad commission hereinafter estab-
| Iished, and which has been approved by
said commission, and complied with by
said railroad company.
SEC. 4. Be it further enacted, That
com mission is hereby created to consist of
| three (3) commissioners, whose qualifca-
| tions shall be the same as the general quail
ifcations required by law for other State
off RS, to be known as the Railroad Com
mission of the State of Mississippi, whose
term of office shall be two years, and until
their successors are appointed and qualified,
and said commissioners shall each take the
| oath prescribed by law for other State Off
GERS, and give bond i'll the sum of ten
thousand dollars, payable to the State of
| Mississippi, with two or more good sure
| ties, to be approved by the Governor, for
| the faithful performance of these duties as
| such commissioners, and said bond shall be
filed in the Office of the Secretary of State;
and thereupon the Governor shall issue
| commissions accordingly.
Sec. 5. Be it further enacted, That i'm
mediately after the passage of this act, the
Governor, with the advice and consent of
the Senate, shall appoint said Railroad
| Commissioners. And if vacancies occur by
death, resignation, or otherwise, when the
Legislature is not in session, sdch vacan-
cies shall be filled by appointment, to be
made by the Governor; such appolntees to
hold their office until the next meeting of
the Legislature thereafter, when their sue
cessors shall be appointed as herein pro-
yided. The salary of each commissioner
| shall be two thousand five hundred dollars
per annum, to be paid from the State
| Treasury in the manner provided by law
| for the salary of other State officers, and
the commission may employ clerk at a
salary not to exceed fifteen hundred dollars,
to be paid in like manner. No person in
the employ of any railroad corporation,
nor any person owning or operating rail-
|
any railroad corporation, shall be eligible
to the Office of commissioner of railroads.
And any commissioner herein provided for,
who shall directly or indirectly accept any
| gift, gratuity, emolument or employment
| from any person or corporation owning or
operating any railroad during his continu-
ance IN Office, shall forfeit his Office end
may be impeached and removed from Office
for that cause, as we'll as for any of the
causes specified by law for the impeach
ment of other State officers; and shall be
subject to criminal prosecution, and upon
conviction fined not less that one thousand
nor more than ten thousand dollars, or inn
prisoned in the State penitentiary not less
than one nor more than ten yeas, or both
such fine and imprisonment, as the discre-
ton of the court; provided, that nothing
in this act shall be so construed as to pre-
vent said commissioners or the clerk from
accepting free transportation while travel
ing in the discharge of these duties.
SEC. 6. Be it further enacted, That If
shall be the duty of all persons or cOrpo-
rations who shall own or operate railroad
in this State, within thirty days after the
passage of this act, to furnish the com
missioner with its tariff of charges for
transportation of every kind, and it shall
be the duty of said commission to revise
said tariff of charges so furnished and de-
termine whether not and in what partic
ular, if any, said charges are more than
Just compensation for the services to be
rendered, and whether or not unjust dis
elimination is made in such tariff of
charges against any person, locality or cor
poration, and when said charges are cor
rected, as approved by said commission,
kkn shoH
tifcate of its approval to said tariff of
charges, but in revising or establishing any
and every tariff of charges, 1t shall be the
duty of said commission to take into con-
sideration the character and nature of the
service to be performed and the entire bus
mess of such railroad, together with its
earnings from the passenger and other
traffic, and shall SO revise such tariffs as to
allow fair and just return on the value of
such railroad. its appnrtenances and equip
mentsi and it shall be the duty of said COM
mission to exercise a watohfql and caraf
supervision over every such tariff of
charges, and continue such tariff of charges |
from time to time as justice to tho public |
and each of said railroad companies may |
require, md to. increase or reduce any of
said rates according as experience and bus
mess operations may show to be Just; and |
said commission shall accordingly fix tar
IFS of charges for those railroads failing to /
furnish tariffs as above required. And it
shall be the duty of said railroad compan-
les or persons operating any railroad |
in this State to post at each of its depots
all rates, schedules and tariffs for the trans
portation Of passengers and freights, made
or approved by said railroad commission,
with said certificate of approval, within
ten days after said approval, in some con-
spicuShs place at such depot; and if shall
be unlawful for any such person or corpo-
ration to make any rebate or reduction
from such tariff in favor of any person,
locality or corporations which shall not be
made in favor of all other persons, locali-
lies or corporaties by a change in
'uch published rates, except as may be al
owed by the commission; and when any
:hange is contemplated to be made in the
schedule of passenger or freight rates of
my railroad by the commission, said COM
mission shall give the person or corpora
ion operating or managing said railroad,
lotice in writing at least ten days before
UGH change Of the time and place at which
uch change viii be considered. I
SIC, z. Be 1t further enacted, That any {
person or corporation, as aforesaid, who |
hall make any reduction or rebate prohib- i
ted by this act, without the approval of |
he commission, shall be guilty of a mis- /
emeanor, aud upon conviction, shall be I
med mol less than ten, nor more than five t
undred dollars. t
SEo. 8. Be it further enacted, That this s
ct shall not prevent any railroad company e
rom transporting freight or persons free ?
charge, or at reduced rates, for any re-
gious, charitable or benevolent purpose, a
( for any Industrial exposition, fair or as p
ociatiop of public nature, or for trans S
orting immigrants into this State, or per i,
pms prospecting with view of locating e
+ bringing immigrants into this State, or p
u plsasqrs excursions In
RRn, 3. Be it further enacted, That it v
hall be the dntY OF said commission to 81
ear all complaints made BY apy person ii
gainst any such tariff Of rat6s SO appFnv- Of
]. on the ground that the same, In any re- VI
1ect, Is for more than Just compensation, d
! that such charges or any of them, a
n0azt To- or operate so as to effect unjust pi
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