The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-05-29

40. u, Id In Sec, the pun
ISL Or violation is increased, it
RI The remedy and mode of
PHI txdfe hereby prescribed shall be
q fstrued to be cumulative OF any now
efSsting."
Art. 425S, B. Sec. 10, Sayles Civil
Statutes provides further penalties
,g.ill-penalties for discrimination and
extortion. "That direct and prompt
remedies may be had, and penalties
enforced in case of violation of any
laws herein named, it is made the
special duty of the attorney general,
whenever information is filed with
him by the state engineer, or any
other person, that any railroad COM
panv in this State has violated any OF
the provisions of the laws of this
State providing for the transportation
of passengers or freight, or is unjustly
discriminatingin its charges for trans
portation against any persons or place
in this State, or is guilty of extortion
in its charges for transportation OF
passengers against any person or
place in this State, or is guilty OF ex-
tortion in the charges for,the trans
portation of freight, or is unjustly dis
eliminating in its charges against any
person or place in this State, or is
guilty of extortion in its charges for
transportation of passengers and
freight, or for condition of the road
bed, track, bridges, or other struct-
ures, cars, station houses or platforms
to give ten days notice in writing to
said corporation of said complaint,
and after investigation of the
matter he shall proceed to
determine whether the matters
complained OF are violations of the
law, and shall give notice to said com.
pany OF his decision respecting the
same, and if any such violation OF the
law is continued after the railroad COM
pany is so notified, or if the actual
damage is not paid to the party ag-
grieved within ten days after such
notification, he shall cause proceedings
to be instituted against such railroad
company or companies, to recover the
penalties provided by law; provided
that nothing herein contained shall
be construed to prevent any citizen Of
the State from bringing suit in his
own name against any railroad OF
transportation company for discrim'
ination in freight or passenger charges
provided further, that the penalties
prescribed by law for any oyercharge
shall not be recoverable unless the
party aggrieved shall give notice
4 thereof in writing to the railway com
pany, to refund to such party ag
grieved the amount of such over
charge"
Art. 1853 g., Sec. 7, Sayles Civi,
Statutes, provides for an imposition o.
fine OF $500, to be recovered in any
court, having jurisdiction of the
amount for extortion and discrimina-
ton in freight rates. l quote por
, ton of said article off any railroad
company shall wilfully charge, collect
or receive from any person or persons
for the transportation of any freigh
upon its railroad, a higher or greater
rate of toll or compensation than i
shall charge, collect, or receive from
any other person or persons, for the
transportation of the like quantity o
, freight Of the same class, being trans
ported from the same point in thu
same direction, over equal distances o
the same railroad, or if it shall charge
collect, or receive from any person o.
persons for the use and transportation
: of any railroad Car or cars upon it,
railroad, higher or greater sum thar
, it shall charge, collect, or receive flon
, any person or persons for the us,
} of transportation of car O.
: cars of the same class for q like pur
Z pose, from the same point in the sam,
, direction and an equal distance; or
+ any railroad company shall charge
, one person more for transporting
freight OF the same class over it
road, for the same or less distanc,
than it charges another for the same
or greater distance, all such discrimi
mating rates, charges or collections
whether made directly or by mean
of any rebate, or other shift or eva
sion, shall be considered and taken a
prima facie evidence of extortatior
and unjust discrimination, which i
hereby prohibited and declared unlaw
full, and any railroad company or com
panies, for such violation OF law, shall
forfeit and pay to the person or per-
sons injured thereby the sum o
, $500"
Is it not remarkable, fellow citi.
zens, that with all these laws on tn,
subject, with all these penaltie
against extortion and discrimination
! that this country should now from
} border to border be demanding
change? Demanding with sucl
emphasis that it almost amount
to commanding cry that tn
people must be further protected
This demand OF the people of the Stat
: for protection and for stricter laws 70
the punishment of offending corpora
= tions, indicates either that the officer
5 cha, ged with the execution and en-
r forcement of these laws have faile,
, and neglected to do their duty, or tina
S this cry is baseless and without cause