Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1906-12-28
tcoRsiRReA from page ~

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@~Eee e~unmissaam In 49,
aEvEideA by tAe art 70 rexs LATE e4aaa-
aaeEee for an order Tar damages al.
ssing for violation of aid act AnA
Of such delay. failnr~. or refusal To
amraish such car or cars Ii wilifal CT
the result Of gEoss negligence ON the
gaaFt of such Tailroad company or the
ageat thereof having charge IL the
matter VI furnishing or directing the
furnishing 0f cars IN sneh eases,
such railroad company shall also for
felt tn the United States no. less than
So nor mor than sloo for zach a
thai 1t witltnlly oT BY gEuss negii.
seaee fails or refuses 10 80 furnish
fur suel shipment. 10 b. recovered In
aud of the circuit courts Of the Unit
t~i States for the district In which
such failure occurs. and suit 60 cover
The am shall b. bp night by the
district attorney Of any such district
undev The direction Of the attorney
general Of the Tinted States or ~
the request of the interstate corr
tuerce commission.
Wherever ten fun DAYS or more -
named in such written application %!
The shipper after which such AIRS are
I be- furnished IL shalt be deemed IA
reasonable time. but this shall n"t te
construed as ~excuSing such railroad
from the duty of furnishing such cars
In a less time than ten days when a
less time Is reasonable and the ship
or makes application for such ca =
In be furnished In u less time Pro
tidea, That whenever any la'lntF
company IL ]prevca;c: :TUcI comply
lug with such demand 10 furnish cars.
IS aforesaid. by any acc'terta, g.
unavoidable cause which could not.
by the use OF reasonable foresight
aud diligence, have. h~eI avricrd.
aud supplies the aui" IL a rlFJHnt
BILE time thereafter ar offers :" u
30, then the liability -, .'Ic .'"naity
herein provided for 1nI - dOubl' the
damages shall mo- Ac%rr": but moth
ing In this act shall in any wise At,
:.rt the right or rs"n"i! of an ship
rcr nr other person, as The same NAV
exist al common Law tr under ahy
sVatvte to recover on account al Toll
urc. delay. or refusal tn furnish cars
.rr transportation u sach live stock
nor to exempt in ais wise any such
railroad company r)n any at th"
provision of the said act 10 regulate
commerce and acts amendators
thereof or supplemental thereto. II
by any rule. regulation. or custom oi
such railroad company the advance
payment of the freight shall be re
auired. notice thereof shall be given
to such shipper at the time Of order
ing such cars. otherwise 1t shall be
no excuse for not furnishing cars for
such shipment that the freight was
not paid or rendered. Where such
rule or regulation or requirement eX
lists, 1t shall be sufficient TO make
the payment at the time of delivery
of such live stock to the railroad
company for shipment. Every ship
per or owner of live stock or any oth
er person ordering cars under the
provisions of this act who shall fail
when the same are furnished at the
time and place ordered. to use them
shall be liable to pay to such rail
road company SIS per day for each
day such railroad company may have
been thereby deprived of the use OF
each car: Provided. That If so pre-
vented from using such a or cars