The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-01-15

loWAuAA 1tI RSA9O4 OI pcAS1AS cokokO1
alone or assoclated with others in trans
portAiion Of property By railroad or by
pipeline or Inca from one state or terri
tory 20 or through one or more other
states or territories Of the United STATES,
or to or from any foreign country, d.
rectlY or Indirectly, TO charge 20 or re-
ceiVe from any pGson or persons any
greater or less rate or amount OF freight
compensation or reward than il by him
or them charged to or received from any
other person or persons for like and con-
temporencous service in carving, re-
ceiVing, delivering, storing or handling
the same. Ali charges Cor such service
shall be reasonable, and any person or
persons having purchased q ticket for
pa sage from one state TO another, or
paid the required fare, shall receive the
same treatment and be afforded equal IA
cilities and accommodations that are
furnished all other persons holding tick.
ets the same class without dIscrImina-
ton, out nothing ia this act shall be
construed to deny the railroads the
right to provide separate accommOda-
tons for passengers as they NAV deem
best for public comfort and safety, or 20
relate to transportation relating to
points wholly within the limits OF one
state, provided that no Discrimination Is
made on account of race or color, and
that furnishing separate accommOda-
tions, with equal facilities and equal
comforts at the same charges, shall not
be considered q discrimination, nor
shall any railroad company OF its off,
GERS receive from any person, who is to
be conveyed from one state or territory
into another any sum exceeding three
cents per mile for the distance TO be
travelled by such persoH, and all per-
sons engaged as aforesaid shall furnish
without discrimination the same facili-
ties for the carriage, receiving, deliver
ing, storage and handling OF all property
of like Character carried by him or
them, and shall perform with equal
expedition the same kind of services con
Hected with coniempoTaneous transpor-
tation thereof as aforesaid. No break,
stOppage or Interruption, nor any con-
tract, agreement or understanding shall
be made to prevent the carriage of any
property from being treated as one con-
tinuous carriage ia the meaning of this
act, from the place of shipment 10 the
place of destination unless such stop
page or Interruption of contract or ar
raDgement or understanding was made
IN good faith for some practical and nee.
essAry purpose, without anye iintent TO
avoid or interrupt such continuous car
riage, or TO evade any of the provisions
OF this act.
Sec. 2. That it shall be unlawful for
any person or persons engaged Ia the
transportation of property as aforesaid,
directly or indirectly TO allow any re-
bate, drawback or other advantage, in
any form, upon shipments made or SER
vices rendered as aforesaid by him or
them.
Sec. 3. That it shall be unlawful for
any person or persons engaged in car
| rlage, receiving, storage or handling
properly as mentioned IN the first SEC
ton OF this act, to enter into any com.
nInaLion, contract Or agreement, by
| change of schedule carriage In different
cars or by any other means, with the In
| tent to prevent the carriage of sucn prop.
eriy from being continuous from the
| place Of shipment to the place OF destln-
! alton, whether carried on one or several
| railroads, and II shall be unlawful toI
| any person or persons carrying property
| as aforesaid to enter into any contract
| agreement or combination for pooling
| treIghls or 10 pOol freights of ditereDI
| and competing railroads, or TO divide be.
tween them the aggregate OF net pro.
| ceeds aud earnings OF such railroads Oh
| any portion OF them.
Sec. f. That il shall be unlawful fol
| any person or persons engaged In trans
| portation OF property as provided In the
first section OF this act. to charge or re
| ceive any greater compensation for {
similar amount and kind of property, fol
carrying, receiving, storing, forwarding
| or handling same for shorter than fol
| a longer distance which includes The
shorter, or any one on any railroad Il
| pipe line and road OF corporation shall
include all roads or pipe line in use by
| such corporation, whether owned AnC
operated by it under contract, agree
meut or lease by such corporations.
Sec. 5. That all persons engaged II
carrying property, as provided In th'
first section OF this act, shall adopt enC
keep posted up schedules which shall
plainly state:
1. Different kinds aud classes of prop
ertY to be carried.
| 9 Different places between which
such property shall be carried.
3. Rates of freight and prices of car
rage between such places, and for al
seryicssRonnected with receiving, delIv
cry, loading, unloading, storing or hand
ling the same, and accounts tor sucl
service shall show what part of tn
charges are tor transportation aud whs
part for loading, unloading and Othe
terminal facilities.
(The remainder of the section regu
lates the manner of changing the SEIZED
ule. and requires copies of ali schedule
to be filed with the clerk of the Unite'
States court of the circuit IN which tn
road operales.)
Section provides that the regulation
apply equally to the carriage of proper
", whether the entire passage is by on
| railroad or partially on several roads.
Section DEGREES that for violations c
any of the provisions of this act, the OF
fender shall pay to the person or per
sons sustaining the damage thereby
sum equal to three times the amount I
damages sustained, to be recovered In
United States court of competent Jurii
, dictIon, aud If the court finds the violf
! lion was wilful it shall also award to th
. party injured the amount OF his couDs'
fees The remainder of the section pr
scribes the method OF procedure
, courts, aud provides that any dIrectO
, company aforesaid may be con
, PEELED to appear IN court and te
tlfv: also that he produ(
!, ton of books aEd papers may be con
: pelled the same as in the case of otht
witnesses No action aforesaid shall
sustained unless brought within one YET
after the cause of action shall accrue,
! within one year after the party complain
ing shall have come to knowledge
s his right of action.
q The section also empowers courts
q issue wfits of mandamus 10 comp
movements and transportation OF trelg
or furnish facilities tor transportation
9 order to prevent undue Discriminate
# and in cases OF urgent necessity an q
, ternate mandamus may issue returnab
q forthwith, provided adequate security
gwen by complainant. No eau
3 brought in q competent state court shs
o tie removed to the United States court.
e Section provides that any director
officer, or agent of any COMPANY or CO
porstion Aforesaid, who violates, or pc
q mits the violation of this act, or fails
r fulfill its requirements, shall be anne
v able TO fine not to exceed $4,000.
Sec. o. That nothing in this act sht
apply to the carriage. receiving, storae
J. handling or forwarding of proper
e wholly within one state, and not ships
! fropl or destined tn some foreign count
or to some other state or territory; q
u shall 1t apply to property carried for Z
United States at lower rates OF freig
J. and charges than Tor the general publ
| or TO the transportation "a dLllSicS a. u
or at reduced rates of freight for CHART
| BILE purposes, or to or from fairs or c
10 positions for exhibition.
q SEC. 10 That the words person or pe
sons as used in this act, unless otht
u wise provided, shall be construed a
1f held to mean the person or persons, OF
l. Ger or officers, corporation or corpoI
- tlons, company or companies, receiV
OF receivers, trustee or trustees, lessee
iessees, agent or agents, or person
persons acting or engaged in any M
tiers and things mentioned in this act.
Engineer and Fireman Killed.
FARAINGDALE, l.. l., Jan. ct
Deer Park accommodation train viii
4 left Hunters Point last night, was q
l raTlod 81 CafbHana Inncki0n q FnfIo 80