The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-01-09

several pipelines, and whether such services are
performed or compensation paid or received by
or to one person alone or in conjunction with
another or other persons
Sec. T. That each and every act, matter or
thing in this act declared TO be unlawful is here
by prohibited; and in case any person. as defined
in this act, engaged aforesaid, shall do suffer,
or permit to be done, any set, matter or thing In
this act prohibited or forbidden, or shall SO
omit to do any act. matter thing in this act
required to be done, or shall be guilty of any vo
lation of the provisions of this act, such person
or persons shall forfeit ard pay TO the person or
persons who may sustain damage thereby,
sum equal to three times the amount of damages
so sustained, by suit in any State or United
States Court of competent jurisdiction, where
the person or persons causing such dam
age can be found, or may have an agent, ONCE
or place of business; and If the court before
which any such action is tried shall be or opln-
ion that the violation OF law was wlful, 1t shall
make an allowance by way of additional cost to
the party injured, sufficient to cover ell his
counsel and attorney fees Any action TO De
brought as aforesaid may be considered and II
so brought shall be regarded as a subject OF
equity jurisdiction and discovery, and affirma-
tive relief may be sought and obtained therein.
In any such action so brought as case OF equl-
table cognzance, as aforesaid, any director, ON
Ger, receiver, or trustee of any corporation or
company aforesaid, any receiver. trustee or
person aforesaid, or any agent OF any such
corporation or company, receiver, trustee OF
person aforesaid, or any of them. alone or
with any other person or persons,
party or parties. may and shall
be compelled to attend, appear and testify and
give evidence, and no claim that any such testi-
mony or evidence might or might not tend to
criminate the person testifying or giving evil
denee shall be of any avail, but such evidence or
testimony shall not be used as against such per-
son on the trial Of any Indictment against him.
Any of these persons mentioned as aforesaid
may be compelled 20 appear and testify and give
testimony or evidence by name respectively, and
the production of books and papers thereby may
and shall he compelled, the same as in the case
Of any other witness, and in case any deposition
or evidence, or the production of any books or
papers may be desired or required for the pur-
pose of applying for or sustaining any such
action, the same and the the producrlon OF
books and papers may and shall be had:
taken and compelled by or before any United
States commissioner. or in the manner provided
for as to the taking of other dispositions or EVIL
dence, or the attendance Of witnesses OF produc-
tion of other books papers, in chapter IL, title
IL, of the Revised Statutes of the United States
No action as aforesaid shall be- sustained unless
brought within one year after the cause Of action
shall accrue, or within one year after the party
complaining shall have come to the knowledge
of his right of action, and as many causes OF
action as may accrue within one year may De
joined in the same suit or complaint and any
Circuit or District Court of the United States
having jurisdiction Of persons shall have
power, upon application of any per-
son or persons, firms, railroads or
other corporations or associations alleging
undue and unjust discrimination against per-
son, in violation Of the provisions Of this act, to
issue writs of mandamus against such person,
commanding such person to move and transport
freight to furnish facilities for transportation
for a party applying for tire writ, upon such
terms and 10 such manner as shall seem just and
proper to the court. In order to prevent any IN
due or unjust discrimination against the relator.
the proceedings shall be as in other cases of
mandamus, and in cases Of urgent necessity, or
involving the transportation of perishable goods,
a writ Of alternative mandamus may be made
returnable forthwith, provided that no writ or
peremptory mandamus shall issue under this
act until the relator shall have given security in
such sum as shall be named by the court,
to pay the defendant the proper and
legal charges for services required to be per
formed by the writ aforesaid and 1t IS provided,
further, that the remedy herein given by the
writ OF mandamus shall be cumulative, and shall
not exclude or interfere with other remedies
herein provided No cause brought under this
act in any State court of competent jurisdic
ton shall be removed to any United States
court.
Sec s. That any director or officer Of any
corporation company acting or engaged as
aforesaid, or any receiver, or trustee, lessee or
person acting or engaged as aforesaid, or any
agent of any such corporation or company, re-
ceiver. trustee or person aforesaid, or of
one Of them alone, or with any other
corporation, company, person or party, who
shall willfuliy do or cause, willfuly suffer or
permit to be done, any act, matter or thing in
this act prohibited or forbidden, or who shall aid
or abet therein or shall willfully omit fail to
do any act, matter or thing in this act required
to be done. or cause or willingly suffer or permit
any act matter or thing so directed or required
by this act to be done, not TO be so DONE shall
aid or abet any such mission or failure or shall
be guilty of any infraction of this act, or aid or
abet therein, shall be- guilty of misdemeanor,
and upon conviction thereof, be fined not moro
than S. 000
Sec o. That nothing in this act shall apply to
the carriage, receiving, storage, handling or
forwarding of property wholly within one State
and not shipped from ordestined to some foreign
country, or some other State or Territory nor
shall it apply to property carried for the United
States at lower rates of freight and charges
than for the general public, or to the transporta-
ton of articles for reduced rates of freight for
charitable purposes, or to or from public fairs
and expositions for exhibition.
Sec. To- That the words "person or persons"
as used in this act, except where otherwise pro-
vided, shall be construed and held to mean the
person Or persons, officer officers, corporation
or corporations company or companies, receiver
receivers, trustee trustees, lessee or lessees
agent or agents, or other person or persons act
ing or engaged in any matters aud things men,
toned in this act.