The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-04-26


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 andfMblished its rates, fares
and charges, in compliance with the provisions
Of ills section, Ii shall be unlawful for such
common carrier To charge, demand, collect Or
receive from any person or persons a 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
| ~ may al the time he In force.
Every common carrier subject To the proyis-
ions If this at shall lille with the board of rail-
roai commissioners Of this State, copies Of its
schedules Of rates, fares and charges which
| have been established and published In compli-
| ancc 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 1t may be
party.
And in eases 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
his I'll rates Ut laFes Ut claTgeS LOT sucn coiilH-
Gus lines or routes, copies Of such joint tariffs
| shall also, in like manner, be filed with said
commissioners.
Such joint rates. fares aud charges on such
continuous lines. so filed aforesaid, shall be
made public by such common carriers, when d-
rrcted 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 10 such part Of them as
they NAV deem ii practicable .uf :-;lrl common
| carriers 10 publish and The a.'e. in which
| they shall be published hut nc - anon carrier
| party to any joint tariff shall l.. cable for the
failure Of any other common yta.irr, party
| thereto. to observe and adhere - Tie rates,
fares or charges thus made aid Published.
| II any such common carrier shall neglect or
refuse to file or publish its schedule u tariffs
OF rates, fares and charges as ,ra.iird in this
/ section or any part Of TIL" saInt, ~urh common
carrier shall. in addition 10 other penalties
herein prescribed, be subject To writ of man
| damas to be issued by any district court Of
| this state in The Judicial district wherein the
| principal Office OF said common carrier il Situ-
| ated, Or wherein sach oifense may be com
mittad.
| And If such common carrier he . foreign
cooperation, then such writ may be issued by
any district court in the judicial district where
such common carrier accepts traffic and has an
agent III perform such service. To compel COM
| pliance with the aforesaid provisions Of this
| section AMI 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
missioaers of this state: and failure to comply
| With its requirements shall be punishable as
aud for contempt, and shall make said cor
poration liable to penalty OF five hundred
dollars $500 for each DAYS failure To- comply,
! and when any such writ of mandainus shall he
/ oappled for by said commissioners. no bond
/ shall be required of them by any court or
/ Judge. in which ar before whom any such ap-
| Plcation 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
| III different ears or by other means or devices.
the carriage of freights from being contiIu-
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
| frcights 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 for some necessary purpose and
| without any intent to avoid or unnecessarily
| interrupt such continuous carriage or to avade
any Of the provisions OF this act.
See. 9.-That in any case any common car
rier, subject tt the provisions OF this act shall
| do, cause 10 be done, or permit to do any act
matter or thing in this act prohibited, or de-
clared tn 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
/ suit aud reasonable counsel or attorneys
| fee to he fixed by the court in which the same
/ is heard on appeal or otherwise, which shall be
/ taxed and collected part OF the costs in the
| ease; provided, that in all cases demand in
| writing on said common carrier shall be made
for the money damages sustained before suit
i Is brought far recovery under this section, aud
that no suit shall be brought until the expira-
ton of fifteen DAYS after such demand.
| See. lo.-Ihat any person or persons claim
i ing to be damaged by any common carrier,
subject To the provisions of this act, may eth
/ or make complaint to the board of railroad
commissioners of this state or may bring 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-
tion, but such person or persons shall not
have the right 10 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
heer, receiver, trustee or agent OF the corpora
/ tion or company, defendant in such suit 10 at
tend, appear and testify in such case, and may
/ compel the production Of the books and papers
/ Of such corporation or company party to any
/ such suit; the claim that any such testimony
or evidence may tend to crininate the person
| giving such evidence shall not excuse such
| person or witness from testifying or producing
said books or papers; but such evidence or
| testimony shall no. be used against such per-
son in any way on the tria! Of any criminal
proceedings.
Sec. n.-That except as otherwise specially
| provided in sections lwenty-threc to twenty
eight inclusive, Of this act, and unless relieved
| from the consequences Of $ violation of the
| law Us provided in sectitg .A1ecn Of this act
any common carrier. Subject to the provisions
/ of this act, or whenever such common carrier
is q corporation, any director, or officer there
OF, or any receiver, trustee, lessee, agent or
| person acting for, or employed by such corpor-
alton, who, alone, or with any other corpora
ton, company or party shall wilfully DO, or
cause to be done, or shall willingly suffer or
permit to be done any act, matter or thing In
| this act prohibited or declared to be unlawful
or who shall aid or abet therein, or shall will
fully omit or fail to do any act, matter or thing
| i'm this act required to be done, or shall 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, or shall aid or abet
any such omission, or failure, or shall be gull
ty of any infraction of this act, or shall aid or
| abet therein, shall be deemed guilty of mis-
demeanor and shall upon conviction thereof
in any district court of this state of competent
jurisdiction be subject to "A fine of not to cx-
coed live thousand 5000 dollars and not less
than i've hundred dollars (S5Uo) for each Of
| Tense.
Sec. 12-That it shall be the duty Of and