Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-01-31

when 1t shall HO INTO erect, ahO CopieS
of which. printed as aforesaid, shall be
posted as above provided, atsleast five
days before the same sha 60 into ef-
fecr, and the same shall remain in force
until another schedule shall, as afoie-
said, be substituted, and 1t shsll be nn-
lawful for any person or persons en-
gagged in the carrying of property on
railroads or pipe lines as aforesaid after
thirty .days after the passage Of this
act to Charge or receive more or less
for the carriage, leceiv-
ing, delivery, loading, unloading,
:or sforfng:of' any property
by-the' first section Of this
act: than shall be specified In such
schedule as may at the time be IN
force. -: 49,. 49, -
L.. Il shall be the duty of said per-
son or persons engaged in the carrStn&t
of property as provided in the first
section of this act to file or cause to be
flied, and within fifteen days from and
afier the sposfiuge OF, a copy. of each
schedule posted as in this section re-
CURED, with the clerk Of the circuit
court of the United States, in and for
each judicial circuit in or. through
which any railroad may he operated:
and it shall be the duty of said clerk to
file and preserve the same as part OF
the records Of his Office.
That each and all provisions of this
act shall apply to all property, and to
the receiving, delivery, loading, un-
loading, handling, storing, or carriage
of the same on one actually or substan-
tally continuous carriage, or as part
of such continuous carriage, as provi-
ded fer in the first section of this act;
and the compensation therefor, wheth-
.er s,.ch property be carried wholly on
one railroad or partly on several rail-
roads, or wholly by one pipe line or
partly by several pipe lines, and
whether such services are performed
or compensation paid or received by or
to one person alone or in connection
with another or other persons. = -
That each and every act, matter, Or
thing in this act declared to be unlaw--
full is hereby prohibited, and in case
any person or persons, as defined in
this act engaged as aforesaid, shall do,
suffer, or permit to be done any act,
matter, or thing in this act prohibited
Or forbidden, or shall omit to do any
act, matter, or thing, in this act re-
quired to be done, or shall be guilty of
any violation Of the provisions :Of this
act, such person or persons shall forfeit
and pay 10 the pers0n or persons who
.,naye sustain damage thereby sum
equal to three times the amount OF the
damages so sustained, 10 be recovered
by the person or persons SO damaged,
by suit in any state or United States
court tofscompeteHt jurisdiction, where
the person or persons causing such
damage can be found or may have an
agent, Office, or place of business; and
l.ifthe court before which any such ac-
tim is tried shall be of the opinion that
the violation of law was wiliul, it shall
make an allowance by way of adtli-
tiOnal costs to the party injured sufd.
cient to cover all his counsel and at
torney fees. Any action to be brought
as aforesaid may be considered. and,
| if so brought, shall be. regarded as q
subject of equity, jurisdiction, a I'D dis
.overy, and affirmative relief may be
sought and obtained therein. In ANY
such action so brought as all equitable
cogmizance, as aforesaid, any director,
officer, receiver, or trustee of any cor.
poration or company aforesaid, or any
receiver, trustee, Or person aforesaid,
or any agent Ot any such corporation
or company, receiver, trustee, Or per.
son aforesaid, or any of them alone, OF
with any other per OH or persons, par
ty or parties, may and shall be com
PEELED to attend, appear and testify
and give evidence; and Ito claim tha1
any such testimony or evidence nigh
or might not tend to criinimate the per
son teslifying or giving evidence sinai
he of any avail, but such evidence Ol
testimony shall not be used agaims
such person on the trial Of any indict
ment against him. The attendance ant
appearance OF any of these persons
whO, as aforesaid, may be compelled
to appear and testify, and the giving .
testimony or evidence by the same Ie
speclively, and the protection oi book
aud papers thereby, may and shall u
compelled, the same as in the case u
, any other witness; and i'll case an
: deposition or evidence or the prWluc
,, ton of any houks Or papers may be &c
sired or required for the purpose of ~
plying for. Or sustaining any such dt
l Iinu. the. same and the production {
the books ard papers may and shall b
. had, taken, and compelled hy or betUr
I any United States commissioner, or j
t any manner provided or TO be provide
> Tor as to the taking of other deposition
or evidence, or attendance of witnesse,
or the production OF other books U
7 papers III or by chapter IL, title Is, re
l vI,ed statutes Of the United States
r No action aforesaid shall be suslaille
= unless brought within one year atte
u the cause OF action shall accrue, or will
: i'll one year alter the party cOuIplainirI
shall have come to knowledge OF b
: right of action. And as many causes {
}, aclion as may accrue within one yes
J. may be joined in the same suit or com
f paint. and any circuit or district eou
!, Of the United States having jurisdicliu
n of the persons shall have power, upo
3 the application of any person or pc
O SONS, firms, railroads, or other corpo
y ations or associations, alleging undl
Q and unjust discrimination against
|, person i'll violation of the provisions
II this act, to issue wrts of mandaml
n against such person commanding sui
= person to move and transport 1reig
l. or to furnish facilities for transport.
n ton for the party applying for the WI
u upOit SUCH ttr!ls dllu Ill SucU lnauner
+ shall seem just and proper to the cou
Ie in order to prevent any undue OF III
h Just discrimination against the relate
The proceedings shall ue as in 9th
y cases Of maldamus, and in cases
le urgent necessity or involving the tran
ID portation of perishable goods wriis
'e alternative mandamus may be ma,
N returnable forthwith; provided, tn
J. no writ of peremptory mandam
e, shall issue under this act until the +
'r lator shall have given security in SUI
Q, sum as shall be named by the court
~ pay the defendant proper and leg
of charges for the services required to
ne performed by the writ aforesaid; al
T. provided further, that the remedy hcl
,d in given by the writ of mandamus sh
or be cumulative, and shall not exclude
Interfere with other remedies here
ng provided. No cause brought uu,I
&c. this act i'll any state court OF compete
ep jurisdiction shall be removed to a
Il! United States court.
That any director or officer of a
OF corporation or company acting or {
gagged as aforesaid, or any receiver.
ell trustee, lessee, or person acting or e
trotrn1 as .,fprSsuil IS