Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1888-04-26

, notice, but whenever any such reduction Il
made, notice OF the same shall Immediately be
publicly posted, and the changes made shall
Immediately be made public by printing new
schedules, or shall Immediately be plainly indi-
Gated upon the schedules at the time in force
and kept for public inspection.
And when any such common carrier shall
have established and published its rates, fares
and charges, in compliance with the provisions
OF this section, IL shall be unlawful for such
common carrier to charge, demand, collect OF
receive from any person or persons greater or
less compensation for the transportation OF
passengers or property, or for any service in
connection Herewith than is specified In such
published schedule of rates, fares and charges
as may at the time be in force.
Every common carrier subject to the provis.
ions Of this act shall file with the board of rail
road commissioners of this State, copies of it,
schedules of rates, fares and charges which
have been established and published in compli-
ance with the requirements of this section, and
shall promptly notify said commissioners of all
changes made in the same.
Every such common carrier shall also file
with said commissioners copies of all contracts,
agreements or arrangements with other com.
mon carriers in relation to any traffic affected
by the provisions of this act to which il may be
party.
And in cases where passengers and freight
pass over continuous lines or routes in this
State operated by more than one common car
rier and the several common carriers operating
such lines or routes have established joint tar
IFS of rates or fares or charges for such contin
Gus lines or routes copies of such joint tariffs
shall also, In like manner, be filed with said
commissioners.
Such joint rates, fares and charges on such
continuous lines, so filed as aforesaid, shall be
made public by such common carriers, when di-
rected by said commissioners, in so far as may
in the Judgment of the commissioners be
deemed practicable; and said commissioners
shall from time to time prescribe the measure
of publicity which shall be given to such rates,
fares and charges, or to such part of them as
they may deem it practicable for such common
carriers to publish, and the places in which
they shall be published; but no common carrier
party to any Joint tariff shall be liable for the
failure of any other common carrier, party
thereto, to observe and adhere to the rates,
fares or charges thus made and published.
If any such common carrier shall neglect or
refuse to file or publish its schedules of tariffs
OF rates, fares and charges as provided in this
section or any part of the same, such common
carrier shall, in addition to other penalties
herein prescribed, be subject to a writ of man
damus to be issued by any district court of
this state in the judicial district wherein the
principal Office OF said common carrier is situ-
ated, or wherein sach oifense may be COM
mitted.
And il such common carrier be foreign
cooperation, then such writ may be issued by
such common carrier accepts traffic and has an
agent to perform such service, to compel COM
pliancc with the aforesaid provisions of this
section, and such writ shall issue in the name
of the state of Iowa at the relation or upon
the petition of the said board of railroad com
missioners of this state; and failure to comply
with its requirements shall be punishable as
and for contempt, and shall make said cor
poratioD liable to penalty of five hundred
dollars $500 for each days failure to comply,
and when any such writ of mandamus shall be
so applied for by said commissioners, no bond
shall be required of them by any court or
Judge, in which or before whom any such APP
plication may be made.
See. S.-That it shall be unlawful for any
common carrier subject to the provisions of
this act TO enter into any combination, con-
tract or agreement, expressed or implied to
prevent by change of time schedules, carriage
in different ears or by other means or devices,
the carriage of freights from being continu-
Gus from the place OF shipment TO the place of
destination in this state; and no break OF bulk,
stoppage or interruption made by such com
mon carrier shall prevent the carriage OF
freights from being and being treated as one
continuous carriage from the place of ship
ment TO the place of destination, unless such
break, stoppage or interruption was made in
good faith Tor some necessary purpose and
without any intent to avoid or unnecessarily
interrupt such continuous carriage or to ayade
any of the provisions of this act.
See. 9.-,rhat in any case any common car
rieT, subject to the provisions of this act shall
do, cause to be done, or permit to do any act,
matter or thing in this act prohibited, or de-
clared to be unlawful or shall omit TO do any
act, matter or thing, in this act required to be
done, such common carrier shall be liable TO
the person or persons injured thereby, for
three times the amount of damages sustained
in consequence of any such violation OF the
provisions Of this act together with costs of
IA III. atf y
fee to be fiXe, by the court in which the same
is heard on appeal or otherwise, which shall be
taxed and collected as part OF the costs in the
case provided, that in all cases demand in
writing on said common carrier shall be made
for the money damages sustained before suit
is brought for recovery under this section, and
that no suit shall be brought until the eXpra-
ton of fifteen days after such demand.
Sec. l0.-That any person or persons claim
ing to be damaged by any common carrier,
subject to the provisions of this act, may eth
er make complaint to the board of railroad
commissioners of this state or may Sring suit
in his or their behalf for the recovery of dam
ages for which any such common carrier may
be liable under the provisions of this act in
any court Of this state OF competent jurisdic-
ton, but such person or persons shall not
have the right to pursue both Of said remedies
at the same time.
In any such action brought for the recovery
of damages the court before whom the same
shall be pending may compel any director, Of
fcer. receiver, trustee or agent of the corpora
ton or company, defendant in such suit TO at
tend, appear and testify in such case, and may
compel the production of the books aud papers
| of such corporation or company party to any
| such suit; the claim that any such testimony
| or evidence may tend to criminate the person
| giving such evidence shall not excuse such
| person or witness from testifying or producing
| said books or papers; but such evidence OF
testimony shall not be used against such per.
son in any way on the trial of any criminal
| proceedings.
Sec ll.-That except as otherwise specially
| provided In sections twenty-three to twenty
| eight inclusive of this act and unless relieved
| from the consequences of q violation OF the
| law as provi, ed in section fifteen of this act
| any common carrier, subject to the provisions
| of this act, or whenever such common carrier
| is corporation, any director, or officer there
| OF, or any receiver, trustee, lessee, agent OF
! person acting for, or employed by such corpor
alton, who, alone, or with any other corpora
| ton, company or party shall wilfully 90, OF
| cause to be done, or shall willingly suffer Of
| permit to be done any act, matter or thing IL
| this act prohibited or declared TO be unlawful
! or who shall aid or abet therein, or shall viii
fully omit or fail to do any act, matter or thing
in this act required to be done, or shall cause
or willingly suffer or permit any act, matter o.
thing so directed or required by this act to b.
done, not to be so done, or shall aid or abe
any such omission, or failure, or shall be gull
ty of any infraction of this act, or shall aid o
| abet therein, shall be deemed guilty of mis-
dcmeanor and shall upon conviction therco
| in any district court of this state of compcten
jurisdiction be subject to fine of not to OK
coed five thousand (S5, 0OO) dollars and not les
than five hundred dollars $500 for each of
tense.
See l2-That 1t shall be the duty of an,