Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-02-01

means OF false billing. false classification.
false weight or by any other devise shall
suffer or permit any person or persons to
obtain transportation for property at less
than the regular rates then in force on
said line Of said railway company or COM
mon carrier. or any part thereof, or who,
by means of false billing, false classinca-
tion false weighing, or by any device
whatsoever. shall charge any person, irm
or corporation for the transportation -
property other than the rates fixed and e.
tablished upon the line of said railway
company or common carrier. shall be guilty
of a misdemeanor. and on conviction
thereof shall be fined in a sum not less
than 500 nor more than 5000. or be Inn
prisoned in the county jail in the county
wherein conviction was had not less than
ten days nor more than thirty days. or
both, within the discretion of the court
(g) Nothing in this act shall prevent the
carriage, storage handling OF freight
free of charge or at reduced rates for the
state, or for any city. county or town gov
eminent, or for charitable purposes or
to and from fairs and expositions for
exhibition thereof. or the free carriage
OF destitute and INDECENT persons. or the
inmates OF hospitals. elemosynary and char
agricultural and geological departments OF
this state; and nothing herein shall be con-
strued to prevent railroads giving free
transportation to any railroad officers,
agents or bona hde employees, their at
torneys, stockholders or directors, or to
any person not prohibited by law; pro-
vided they or either of them shall not
receive from the state mileage when such
pass is used.
Punishment for ExtOrtion.
Sec. IA. Suits to punish extortion and UNI
Just determinations.
When the Railway commission has reason
to believe that any railway company, or
common carrier, or any officer. agent or
employee thereof, subject to the provisions
OF this act. has been guilty of any misde-
meanor, or misdemeanors, as herein de-
tned said commission shall Immediately
cause actions to be commenced and prose-
cuted against such railway companies.
common carriers agents, officers or en-
ployos, as the case may be, which may be
brought In the county of the state through
or into which the line of the railway conn
pany or common carrier sued may extend.
and in the case of a misdemeanor on the
part of any officer. agent or employee az
herein defined. shall be brought in the
county where the misdemeanor was COM
mitted, and II may on behalf of the state.
employ counsel as herein provided. to as
sist the attorney general in conducting
such actions; said actions commenced shall
be prosecuted In the name OF the state ana
no such action shall be dismissed without
trial unless said commission and the at
orney general consent thereto. Such actions
shall have preference to all other business.
except criminal cases, cases of a similar
nature. and such other actions as ara
herein provided for.
(a) All of the penalties herein provided
unless otherwise provided for, shall be re-
covered and suits thereon shall be brought
In the name Of the state in the proper
court having Jurisdiction thereof IN anv
county in this state to or through which
said railway company or common carrier
may be operating a road by the attorney
general. or under his direction
CD In all suits arising under this chan
ter the rules Of evidence shall be the sauna
as IN ordinary civil actions except as other
wise provided herein, and all fines and
penalties recovered by the state under this
chapter shall be paid into the treasury ~
the state, except as otherwise provided.
Sec. 10. Repeating clause
All acts or parts of acts in conflict here
with are hereby repealed.
Sec l6. Emergency clause.
whereas an emergency exists. this act
snail be In force and effect from and after
It's passage and approval.