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

publicly posted, and the changes made shall
Immediately be made public by printing new
schedules, or shall Immediately be plainly indl-
Gated upon the schedules Mt 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, 1t shall be unlawful for such
common carrier to charge, demand, collect or
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 its
schedules of rates, fares and charges which
have been established and published in compli
ancc with the requirements of this section, aud
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 it may be
party.
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.
Ii 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 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 offense may be COM
mitted.
And il such common carrier be 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
piiancc 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 a contempt, and shall make said cor
poratioD liable to a 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
IN l. 1 g
Judge, in which or before whom any such APP
plcation may be made.
Sec. 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
Ia different ears or by other means or devices,
the carriage of freights from beingcontinu-
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 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
Sec. 9--That in any case any common car
rier, 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
suit and reasonable counsel or attorneys
fee to be fXe by the court in which the same
is hpa ard on mr. a hprWiSp which shall
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 eXpira-
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 shat 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 10 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 crimnate 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 not be used against such per
| son in any way on the trial of any criminal
| proceedings.
| Sec. u.-That except as otherwise specially
| provided In sections twenty-threc to twenty
eight inclusive, Of this act, and unless relieved
| from the consequences of q violation OF the
| law as proviO ed in section fifteen of this act
| any common carrier subject to the provisions
| of this act, or whenever such common carrier
| is d corporation, any director, or officer there
| of, or any receiver, trustee, lessee, agent Oh
! person acting for, or employed by such corpor-
alton, who, alone, or with any other corpora
ton, company or party shall wiltully 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 10 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 a mis-
| demeanor and shall upon conviction thereo
| in any district court of this state of competen
jurisdiction be subject to fine Of not TO OK
coed five thousand (S5, 600 dollars and not les
than five hundred dollars $500 for each of
| Tense.
| L.. N L. A. 4.