The Advocate and news., 1899-01-04

ingIy demand, collect, or receive a greater
compensation for the transportation OK any
person or property than that fixed Dy
law or by the court, or who shall di1crinF-
nate for or against any shipper or con-
gignee in the classification Of property, IN
the charges for transportation, or IN any
way, shall be deemed guilty OK q mlsde.
more than $1,000 and by imprisonment In
the county jail for not more than one
year. and any person who snail violate any
provision OF tins law, OF VINO sha1 WlLLuny
obstruct the execution OF any order OF
decree Of the court, shall be deemed guilty
OF a mlsdemeanor, and on conviction pun
ished as above provided. ANY railroad COM
pany, which by any or It's OficerS, agents,
employees, or otherwise, shall violate any
provision of this act or shall neglect or
refuse to obey any order or decree OF the
court for more than ten days after notice
thereof, or which shall discriminate in
favor Of or against any shipper or con-
signee, shall be deemed guilty OF mis-
demeanor, and shall be subject to q PEN
atty OF $1,OOO.0O; and each day that such
company shall violate any provision OF this
act or neglect or refuse to obey an order
or decree Of the court shall constitute a
separate, distinct and additional ofEense
and misdemeanOr; and 1t shall be the duty
OF the State Solicitor to prosecute such
offenses or by civil action to sue for and
recover all such penalties.
Sec. IL. Notwithstanding the provisions
Of this act providing for the enforcement
OF the orders or DEGREES of said court, all
damages sustained by or accruing to any
person, partnership, or corporation, or to
the State, or to any political subdivision
thereof, or to any municipality, by reason
Of the disobedience by any railroad COM
pany Of this act or Of any law Of this State
or of any lawful order or decree Of said
court, may be recovered by action in any
court of competent jurisdiction, together
with costs ana reasonable attorneys fees;
nd in NV atTn al n no data
mined that such disobedience was wilful,
exemplary damage may be awarded in
addition to actual damages and not exceed
ing treble the amount thereof.
Sec. AZ. Whenever 1t shall be made to
appear to said court by affidavit that a
strike by the employees or part Of them,
OF any railroad company organized under
the laws Of this State or doing business
therein, is obstructing commerce or the
traffic on such railroad and inconVeniencins
the public, or the people OF any municipal
ity, or endangerS or threatens the public
tranquility, said court shall issue citation
requiring said corporation to appear be.
fore It, at a day and hour named, and
make answer, verified by the positive oath
OF an officer or agent Of said corporation
residing in this State and then present
therein, concerning the said strike, It's
extent, the cause or causes thereof, what
conduct, II any, of said corporation or Its
officers led to such strike, and the precise
point or points Of dispute between said cor.
poration and it's striking employees. II
said answer be not made at the time fixed
or be eVaslVe, the court shall make q ttnaI
decree as upon hearing and enforce the
same as such. II said answer be properly
made, the matter shall be without further
delay summarily heard upon evidence; and
II the corporation be found free from fault
In the premises and, the strike unreason.
able, the court shall so find and the said
proceedings shall be dismissed; and there.
upon, and upon public notice as ordered by
the court given of such decision, 1t shall
kn aI1NN VNVrI NGN gnHA aNW -
them to interfere in any manner whatever,
by word or deed, with any other employees
said corporation may employ and set to
work. But II the court shall find that said
corporation has failed in its duty toward
Its employees, or any Of them, or has been
unreasonable tyrannical, oppressive, Oh
unjust, and the strike resulted therefrom,
the court shall so find specifically, and shall
enter decree commanding such corpora.
ton to proceed forthwith to perform It's
usual functions for the public convenience,
and to the usual extent and with the usual
facilities, as before said strike occurred;
and IL said decree shall not be implicitly
obeyed, In full and in good faith, the court
may take charge Of said corporations
property and operate the same through a
receiver or receivers appointed by said
court until the court shall be satisfied that
said corporation is prepared to fully resume
Its functions: all costs to be paid by said
corporation. II in answer to said original
process ordering 1t to show cause as afore-
said, said corporation shall show to the
courts satisfaction that said striking em-
ployees have resumed work and said strike
has ended, the proceeding shall be dis
missed. II in such answer it shall show to
the courts satisfaction that said striking
employees have resumed work under an
agreement to remain in said corporation s
service pending the hearing Of the proceed
ings, and that the corporation will abide
by the terms Of said agreement then, and
only in such case, the hearing of said mat
ter IN controversy concerning the cause
or causes Of said strike may be postponed
On request a reasonable time, or from time
to time, while said employees so remain at
work. and upon settlement of said strike
SAID proceedings may be at any time dis.
missed; but IL said employees again quit
work, said matter shall be brought to an
immediate hearing and decree notwith-
standing a pending postponement.
Section 43. This act shall take effect and
be in force from and after the 18th day of
March, 1S99 and after its publication in
the official State paper
I hereby certify that the above bill orig
AWnt tAA hva tLn aa.A A 4. IL