Year: 1878

SEC. 4. Calu commissioners ana Sec


retary shall be s.-orn to the due and


faithful performance of the duties of


their respective Offices before entering


upon the discharge of the same, as pre-


scribed in Section 676 of the Code; and


no person in the employ of any railroad


corporation, or holding stock in any rail


road corporation, shall be employed as


Secretary. Each of said Commissioners
shall enter into bonds, with security to


be approved by the Executive Council,
in the sum of ten thousand dollars, con-


ditioned for the faithful performance of


his duties.


Sec 8. TO provide a fund for the


payment of the salaries and current ex-


penses Of the Board of Commissioners


they shall certify to the Executive


Council on or before the first day of


January in each year, the amount nee


essary to defray the same, which amount


shall be divided pro 1Wta among the sew


eral railroad corporations according to


the assessed valuation of their property


in the State.


The Executive Council shall thereup-


on certify to the Board of Supervisors


of each county the amount due from the


several railway corporations, located and


operated in said county. And the Board


of Supervisors shall cause the same to


be levied and collected as other taxes


upon railway corporations, and the


county treasurer shall account to the


State for the same, rs provided by law


for other State funds.


Gro q Tbo co;I Go,,,,;,,; IL g., II


have power, in the discharge of the du-
ties Of their office, to examine any of the


books, papers or documents Of any such
corporation, or to examine under oath
or otherwise any officer, director, agent
or employe of any such corporation;
they are empowered to issue suopenas
and administer oaths in the same man
ner and with the same power to force
obedience thereto in the performance of
their said duties as belong and pertain
to courts of law in this State; and any
person who may wilfully obstruct said
Commissioners in the performance of
their said duties, or who may refuse to
give any information within the line of
their duty, shall be deemed guilty Of a
misdemeanor, and shall be liable, on
conviction thereof, to a fine not exceed
ing one thousand dollars, in the discre-
ton OF the court, the costs of such sub
pGnas and investigation to be first paid
by the State on the certificate of said
Commissioners.


Sec. 10. 1t shall be the duty of any
railroad corporation, when within their
power to do so, and upon reasonable no
tice, to furnish suitable cars to any and
all persons who may apply therefor, for
the transportation of any and all kinds
of freight, and to receive and transport
such freight with all reasonable dis
patch, and to provide and keep suitable
facilities for the receiving and handling
the same at any depot on the line of its
road. And also to receive and transport
in like manner the empty or loaded cars
furnished by any connecting road, to be
delivered at any station or stations on
the line Of it's road, to be loaded, dis
charged or reloaded and returned to the
road so connecting, and for compensa-
ton it shall not demand or receive any
greater sum than is accepted by it from
any other connecting railroad for sim
liar service


Sec. II. Norailroad corporation shall
charge, demand or receive from any per-
son, company or corporation, for the
transportation OF persons or property,
or for any other service a great
cr sum than it shall at the same
time charge, demand or receive from
any other person, company or corpora
tion Tor like service. from the same
place, or upon like condition and under
similar circumstances and all conces-
sions of rates, drawbacks and contracts
for special rates shall be open to and al
lowed all persons, companies and cor
porations alike, at the same rate per ton
per mile, by car load, unless by reason
of the extra cost of transportation per
car load upon like condition and under
similar circumstances from different
point, the same would be unreasonable
and inequitable And shall charge no
more for transporting freight from any
point on its line than fair and just
of the price it charges for
the same kind of freight transported
from any other point.


SEC II. No railroad company shall
charge, demand or receive from any per-
son. company or corporation an unreas
enable price for the transportation of
persons or property or for the use of
its cars, or for any privilege or service
afforded by it in the transaction of its
business as a railroad CORPORATION.


Sec. 13 Any railroad corporation
which shall violate any of the provis-
ions OF this act, as to eXtortion or un-
just discrimination, shall forfeit for ev-
cry such offense. to the person, compa-
ny or corporation aggrieved thereby,
three times the actual damage sustain
ed, or overcharges paid, by the said
party aggrieved, together with the cost
of suit, and a reasonable attorneys fee,
to be fixed by the court, and if an ap-
peal be taken from the judgment or any
part thereof, it shall be the duty of the
appellate court to include in the judg-
ment an additional reasonable attorney
fee for services in the appellate court
or courts, to be recovered in a civil ac-
ton therefor. And in all cases where
complaint shall be made in accordance
with the provisions of section 15 here
matter provided, that an unreasonable
charge is made, the Commissioners
shall require modified charge for the
service rendered, such as they shall
deem to be reasonable, and all cases of
a failure to comply with the recon-
mendaton of the Commissioners, shall
be embodied in the report of the Com
missoners to the Legislature, and the
same shall apply to any unjust discrim-
NATION, eXtortion or other violation Of
law


SEC. A. Upon the occurrence of any
serious accident upon railroad which
shall result in personal injury or loss of
life, the corporation operating the road
upon which the accident occurred shall
give immediate notice thereof to the
Commissioners, whose duty it shall be,
it they deem it necessary, to investi
gate the same and promptly report to
the Governor the extent of the personal
injuries or loss Of life, and whether the
same was the result of mismanagement
or neglect of the corporation on whose
line the injury or loss of life occurred.
Prorided, That such report shall not be
evidence or referred to in any case in
any court.


Sec 15 1t shall be the duty Of said
Commissioners, upon the complaint and
application of the Mayor and Aldermen
of any city, or the Mayor and Council of
any incorporated town, or the trustees
Of any township to make an examina-