The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1885-02-20
THE REGAIN BILL

associated with others in the transportation of
property by railroad or by pipe line or lines
from one state or territory to or through one
or more other states or territories OF the onited
recty or indirectly to charge to
or receive from any person or
persons any greater or less rate or amouns
OF freight, compensation, or reward than Is by
him or them charged to or received from any
other person or persons for like and contempt
ing, storing, or handling the same. All
charges for u services shall be reasonable,
and any person or persons having purchased
a ticket for passage from one state to another,
or paid the requ red fare, shall receive the
same treatment and be afforded equal facilities
and accommodations az are furnished ali other
persons holding tickets of the same class with
out discrimination. But nothing in this act
shall be construed to deny to railroads the
right to provide separate accommodations for
passengers as they may deem best for public
comfort and safety or to relate to Transports
ton 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 accommodations with equal facilities
and equal comforts at the same charges shall
not be considered a discrimination, nor shall
any railroad company, or its officers, charge
to or receive from any person who is to be con
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any sum exceeding 3 cents per mile for the
distance to be Travelled by s"oll person., and all
persons engaged as aforesaid shall furnish
without discrimination the same facilities for
carriage, receiving, delivering, storage, and
handling all property of like character carried
by him or them, and shall perform with equal
expedition the same kind of services connect
ed with the c~ontemporaneous transportation
thereof, AS aforesaid. No break, stoppage, or
interruption, nor any contract agreement or
understanding shall be made to prevent the
carriage OF any property from being, and
being treated as. one continuous carriage, in
the meaning Of this act, from the place of
shipment to the place of destination, unless
such stoppage, interruption, contract arrange
ment, or understanding was made in good
faith for some practical and necessary purpose,
without any intent to avoid or interrupt such
continuous carriage, or TO eyade any of the
provisions OF this act.
SEC. 2. That it shall be unlawful 70. any
person or persons engaged in the transporta-
ton OF property as aforesaid directly or in
directly to allow any rebate, drawback, or
other advantage, in any form, upon shipments
made or services rendered as aforesaid by him
or them.
SEC. 8. That it shall be unlawful for any
person or persons engaged In the carriage,
receiving, storage, or handling of property,
as mentioned in the first section of this act, to
enter into any combination, contract, or agree
ment, by changes of schedule of carriage in
different cars, or by any other means, with in
tent to prevent the carriage of such property
from being continuous from the place of ship
ment to the place of destination, whether car
ned on one or several railroads; and 1t shall be
unlawful Tor any person or persons carrying
property as aforesaid to enter into any con-
tract, agreement, or combination for pooling
freight, or to pool freight of different and COM
peting railroads or to divide between them the
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OF such railroads or any portion of them.
Sec 4. That 1t shall be unlawful for any
person or persons engaged in the Transports
ton OF property, as provided In the first sec
ton OF this act, to charge or receive any
greater compensation for a similar amount and
kline OF property for carrying, receiving, stor-
ing, forwarding, or handling the same for a
shorter than for a longer distance, which in
cludes any one railroad or pipe line Of o corpor-
alton and shall include all road or pipe line in
use by such corporation, whether owned or
operated by 1t under contract, agreement or
lease by such corporation.
SEC. 5. That all persons engaged in carry
ing property as provided in the first section Of
this act shall adopt and keep posted up sched-
ulcs which shall plainly slate:
l. The different kinds and classes Of prop
erty to be carried.
2. The different places between which such
property shall be carried.
3. Rates of freight and. prices of carriage be-
tween such places and for all services connect
ed with receiving, delivery, loading, unloading,
storing, OF handling the same. And accounts
for such shall show what part of the charges
are for transportation and what part for
loading. unloading, and other terminal facili.
ties. Such schedules may be changed from
time to time as hereafter provided. Copies Of
such schedules shall be printed in plain, large
type, at least to the size of ordinary plea, and
shall be kept plainly posted for public inspec-
ZION in at least two places in every depot where
freights are received or delivered, and no such
schedule shall be changed in any particular
expect by the substitution of another schedule
containing the e:itications above required,
which substitute schedule shall plainly state
time when it shall go into effect, and copies of
which, printed as aforesaid, shall be posted as
above provided at least five days before the
same shall go into effect, and the same shall re-
main in force until another schedule shall as
aforesaid be substituted, and 1t shall be un-
lawful Tor any person or persons engaged in
carrying property on railroads or pipe lines as
aforesaid, after thirty days after the passage Of
this act, to charge or receive more or less COM
pensation for the carriage, receiving, delivery,
loading, unloading, handling. or storing Of
any property contemplated bv the first section
OF this act than shall be specified in such sched-
ule as may at the time be in force.
4. 1t shall be the duty of said person or per-
sons engaged in carrying property as provided
in the first section Of this act to file or cause to
be filed within fifteen days from and after post.
ing a copy of each schedule posted, as in this
section required, with the clerk of the circuit
court OF the United States in and for such iu-
iicial circuit in or through which any railroad
may be operated; and it shall be the duty of
said clerk to file and preserve the same as a
part OF the records Of his Office.
SEC. y. That each and ali of the provisions
Of this act shall apply to all property, and the
receiving, delivery, loading, unloading, hand
ing, storing, or carriage of the same on one
actually or substantially continuous carriage.
Or as part of such continuous carr age, as pro-
vided for in the first section of this act, and
compensation therefor. whether such property
be carried wholly on one railroad. or partly on
several railroads, or wholly by one pipe liue, or
partly by several pipe lines, aud whether such
ery!ces are performed or compensation paid
Or received by or to one person alone or in CON
nection with another or other persons.
SEC. Z. That each and every act, matter. or
thing in this act declared to be unlawful. ia
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, pro-
hibited or forbidden, or shall omit to do any
act, matter, or thing in this act required to hn
done, or shall be guilty Of any violation of the
provisions of this act, such person or persons
shall forfeit and pay to the person or persons
who may sustain damage thereby a sum equal
to three times the amount of damages SO sus-
tanned, TO be recovered by the person or per-
sons SO damaged by suit in any state or United
States court competent of jurisdiction where
the person or person or persons causing such
damage can be found, or may have an agent.
office, or place OF business; and if the court be.
fore which any such action is tried shall be of
the opinion that the violation Of the law was
wlllfui IL shall make an allowance BY way of
additional costs to the party injured sufficient
to cover all his counsel and attorney fees. ANY
action to be brought as aforesaid may be con.
sidered, and. II so brought, shall be regarded
as a subject of equity Jurisdiction and discoy.
cry, and affirmative relief may be sought and
obtained there. In any such action so brought
AS an equitable cognizaucc as aforesaid, any
director, officer, receiver, OF trustee of any cor.
poration or company, receiver, trustee, or Der.
son aforesaid, or any of them alone or witt
any other person or persons, party or parties,
may and shall be compelled to. attend, appear
and testify and give evidence; aud no claim
that any such testimony or evidence might O,
might not tend to criminatc the person testify