, 1888-01-12

perintendpnt. tick-tur station agent
Of the company, and must be given
mt least ten days M'ftre the time
fixed fUr suth tminatiOn, which
said examination may he held at
any place tixe'l i'y the president Of
the board. II upon such examina.
ti0n 1t shall appear to such commits
siOnprs that the complaint al
legged be well founded. the hoard
shall sU adjudgp; aud they shall then
and there decide what Is u reusOiia.
hle charge Tor such freights, and
shall require u modified charge for
the service rendered such as they
deem reasonable, and shall inform
the corporation operating such rail.
rOad at their adjudication within
ten days, and shall also report their
doings tO the governor In their IN.
nual report, us herein provided, aud
shall certify tO such complaints the
result Uf such adjudication, and such
adjudication shall be prlma facie
evidence Of what II reasonable
charge.
SFC. II. Every railroad company
shall, upon reasonable demand, fur
nish transportation for all grain
stored In all elevators and ware.
houses, or offered for shipment In
bulk or otherwise from any estab-
lished side track at any regular sta
tiOn on its line, promptly and with.
out any discrimination whatever for
or against any person, company or
corporation, and such railway com
pany shall keep ut its several stations
u complete register Of all cars and to
whom the same are furnished,
and said register shall be for the
inspection of all persons Interested.
In all controversies In regard to
the furnish ing Of cars, the burden Of
proof shall rest upon the company or
corporation 80 seeking to excuse
itself for its refusal or neglect to
furnish cars.
SEC. 1S. Any railroad company
which shall violate any Of the prOvi-
siOns Of this act shall forfeit for every
Offense to to the person, company or
corporation aggrieved thereby three
times the actual damages sustained
by the said party aggrieved, togeth-
er with the costs Of suit and rea.
sOnable attorneys fee, to be taxed
by the court; and II an appeal be
taken from the Judgment Or any
part thereof, II shall be the duty Of
the appellate court to include In the
II the same be affirmed,
an additional reasonable attorneys
fee for services in appellate court or
courts.
SEC. 10. Any railroad company
or individual wilfully violating or
evading any OF the provisions Of this
act not otherwise herein provided
for shall, for each offense, forte 1t and
pay u penalty of MT less than "ne
nor more than five thOus.
and dollars. All penalties provided
for in this act shall be recovered by
II civil action, TO lie instituted and
prosecuted in the name OF the ter
ritOry by the prosecuting attorney
0f the county in which the offense
was committed, upon direction of
the board OF railroad commissioners.
If, upon trial of such action, the Jury
shall find for plaintiff, they shall as.
sess and return with their verdict
the amount of the fine to be inn
posed upon the defendant, and the
court shall render Judgment accord.
ingly. AL penalties SO recovered
shall be. paid into the school fund Of
the county in which such Offense
has been committed. No bond for
costs shall be required Of the terri
tory In any such action.
SEC. ~. The district courts Of
this territory shall have jurisdiction
to enf0rce,b by proper DEGREES, injunc-
tions and orders, the rulingo, orders
and regulations affecting public
right, made or to be made by the
board of railroad commissioners such
AZ now or may hereafter be author
lied to be made by them for the
future direction and observance Of
railroads in this territory. The pro-
ceedingS therefore shall be by equit-
able action i'm the name of the terri
tory OF Washington, and shall be
instituted by the prosecuting attOr-
ney for the county in which the
was made, on which
order OF the commissioners was
made whenever advised by the
board OF railroad commissioners that
any railroad corporation or person
operating any line of railroad In this
territory Is violating or refusing to
comply with any rule, order or regu.
lati0n made by such board Of rail
road commissioners and applicable
TO such railroad or person. 1t shall
be the duty Of the court In which
any such cause shall be pending to
require the Issues to be made up at
the fret term Of the court to which
the case Is brought. which shall be
the trial term. aud to give the same
precedence over other civil business.
n the court shall fiud that such rule,
or order is reasonable and
lust, and that In refusing compliance
herewith said railroad company is
falling or Omitting the perfofman
Df any public duty or obligation, the
court shall decree q mandatory and
perpetual injunction compelling
to and compliance 10 such
rule, order or regulation by said