Year: 1874




Laws Of the Unithe States passed at the


First Session of the Forty!Third Con-


gress.


GENERAL LAATURE-No. 58.]


AN ACT making additions to tho fifteenth


section ofthe aot entitled IAN act to amend


IN act ontitlcd AN act to aid in the con-


struetion Of . railroad and telegraph line


from Missouri River to the Pacific Ocean,


and to secure to the Government the use Of


the same for postal, military, and other


purp ses' approved July !, 1862.


Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That
there shall be, and is hereby, added to
the fifteenth section Of the act approved
July second, eighteen hundred and sixty
four, entitled "An act to amend an act en-
titled An act to aid in the construction
of a railroad and telegraph line from the
Missouri River to the Pacific Ocean, and
to secure to the Government the use of
the same for postal, military, and other
purposes approved July first, eighteen
hundred and sixty-two" the following
words, namely: "And any officer or agent
of the companies authorized to construct
the aforesaid roads, who shall refuse to
operate and use the road or telegraph un-
der his control, or which he is engaged
in operating for all purposes of commu-
nication, travel and transportation, so far
as the public and the Government arc
concerned, as onea continuous line, or
shall refuse, in such operation and use,
to afford and to secure to each of said
roads equal advantages and facilities as
to rates, time or transportation, without
any discrimination Of any kind in favor
of, or adverse to, the road or business of
any or either of said companies, shall be
deemed misdemcanor, and upon con-
viction thereof, shall be fined in any sum
not exceeding one thou sand dollars, and
may be imprisoned not less than six
months. In case of failure or refusal of
the Union Pacific Railroad Company, or
either Of said branches, to comply with
the requirements of this act and the acts
to which this act is amendatoHy, the par
ty injured or the company aggrieved
may bring action in the district or circuit
court of the United States in the Terrific
ry, district, or circuit in which any por-
ton of the road of the defendant may be
situated, for damages on account of suoh
foilurc or refusal and, upon recovery, the
plaintiff shall be entitled to judgment for
treble she amount Of all excess of frci ght
and fares collected by the defendant and
for treble the amount of damages sustain
cd by the plaintiff by such failure or re-
fusal; and for each and every violation
of or failure to comply with the require
ments of this act, a new cause of action
shall arise; and in. case of suit in any
such Territory, district, or circuit, proc
ess may be served upon any agent Of the
defendant found in the Territory, district
or circuit, in which such suit may be
brought and suchs ervice shall be the
court held to be good and sufficient; and
1T is hereby provided that for all the pur-
poses of said act, and of the acts amenda-
tory thereof, the railway of the Denver
Pacific Railway and Telegraph Compa-
ny shall be deemed and taken to be q
part and extension of the road of the Kan
sas Pacific Railroad, to the point of juno
ton thereof with the road of the Union
Pacific Railroad Company at Cheyenne,
as provided in the act Of March third,
eighteen hundred and sixty-niac.


Approved june 20, 1874.