RAILROAD LAWS.

CHAPTER 790.

An act to prevent extortion and discrimination in the transportation of freight and passengers by railroad corporations, and in aid of that purpose to establish a Board of Railroad Commissioners, and define its powers and duties.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, If any railroad corporation shall willfully charge, collect or receive more than a just and reasonable rate of toll or compensation for the transportation of passengers or freight in this State, or for the use of any railroad car upon its track, or upon any track of which it has control or the right to use in this State, it shall be guilty of extortion, and, upon conviction, shall be punished as prescribed by this act.

§ 2. If any railroad corporation shall willfully charge, collect or receive from any person or persons, for the transportation of any freight upon its railroad, a higher or greater rate of toll or compensation than it shall at the same time charge, collect or receive from any other person or persons for the transportation of the like quantity of freight of the same class, being transported from the same point, in the same direction, over equal distances of the same railroad, or if it shall charge, collect or receive from any person or persons, for the use and transportation of any railroad car or cars upon its railroad, a higher or greater sum than it shall at the same time charge, collect or receive from any other person or persons for the use or transportation of a car or cars of the same class, for a like purpose, from the same point, in the same direction, and an equal distance-all such discriminating rates, charges or collections, whether made directly or by means of any rebate, or other shift or evasion, shall be considered and taken as prima facie evi

dence of discrimination, which is hereby prohibited and declared unlawful, and shall be punished as prescribed by this act. When one or more car loads of freight shall be transported at the same time for different persons, and for each shipper a car load or more, such shipment shall be considered and taken as the same quantity of freight within the meaning of this act; and when less than a car load of freight, and over five thousand pounds, are transported at the same time for different shippers, and for each shipper over five thousand pounds, such shipments shall be considered and taken as the same quantity of freight; and when over five hundred pounds, and less than five thousand pounds, are transported at the same time for different shippers, and for each shipper said quantity of freight, such shipments shall be considered and taken as the same quantity of freight.

§ 3. Nothing contained in this act shall be construed to prohibit railroad corporations from issuing commutation, excursion or thousand-mile tickets, as are now issued, nor as controlling the rates of freight which come from and go beyond the boundaries of the State, nor as excluding other evidence of extortion or unlawful discrimination.

§ 4. Any railroad corporation that shall be guilty of extortion or unlawful discrimination shall, upon conviction, be fined for the first offense in any sum not less than one hundred dollars, nor more than one thousand dollars; and upon a second conviction, in any sum not less than five hundred dollars, nor more than two thousand dollars; and upon a third conviction, in any sum not less than two thousand dollars, nor more than five thousand dollars. The circuit court, or court of similar jurisdiction, of any county into or through which the line of railroad may run, owned by the corporation alleged to be guilty as aforesaid, shall have jurisdiction of the offense, which shall be prosecuted by indictment or by action in the name of the Commonwealth, upon information filed by the Board of Railroad Commissioners; and in all prosecutions and actions against railroad corporations under this act a preponderance of the evidence shall govern and control the jury in making their verdict. And such railroad corporation shall also be liable in damages to the party aggrieved three times to the amount of the damages

sustained, together with costs of suit and a reasonable attorney's fee, to be fixed by the court.

§ 5. The Governor, during the present session of the General Assembly, shall, by and with the advice and consent of the Senate, appoint three competent persons as Commissioners, who shall constitute a Board of Railroad Commissioners, who shall hold their offices until the next meeting of the General Assembly, and until their successors are appointed and qualified. At the next meeting of the General Assembly, and every two years thereafter, the Governor, by and with the advice and consent of the Senate, shall appoint three competent persons as such Commissioners, who shall hold their offices for the term of two years from the first Monday in the year of their appointment, and until their successors are appointed and qualified. For the purposes of this act the State shall be divided into three districts, to be called the Eastern, the Middle and the Western Districts, and the Governor shall appoint one Commissioner from each district, who shall now be, and shall continue to be during his term of office, a resident of the district from which he is appointed.

The Eastern District shall be composed of the following counties, to wit: Boone, Kenton, Grant, Harrison, Bourbon, Clark, Estill, Madison, Jackson, Laurel, Rockcastle, Whitley, Knox, Bell, Harlan, Leslie, Perry, Letcher, Floyd, Pike, Martin, Johnson, Breathitt, Clay, Owsley, Lee, Powell, Montgomery, Bath, Nicholas, Fleming, Robertson, Pendleton, Bracken, Campbell, Lewis, Mason, Greenup, Rowan, Carter, Elliott, Boyd, Lawrence, Morgan, Magoffin, Wolfe and Menifee.

The Middle District shall be composed of the following counties, to wit: Gallatin, Owen, Scott, Fayette, Jessamine, Pulaski, Wayne, Clinton, Russell, Casey, Lincoln, Garrard, Boyle, Mercer, Anderson, Woodford, Franklin, Henry, Oldham, Carroll, Trimble, Jefferson, Shelby, Spencer, Bullitt, Nelson, Washington, Marion, Taylor, Green, Adair and Cumberland.

The Western District shall be composed of the following counties, to wit: Meade, Hardin, Larue, Hart, Metcalfe, Barren, Monroe, Allen, Simpson, Warren, Edmonson, Grayson, Breckinridge, Hancock, Ohio, Butler, Logan, Todd, Muhlenberg, McLean, Daviess, Henderson, Webster, Hopkins, Chris

tian, Trigg, Caldwell, Lyon, Crittenden, Union, Livingston, Marshall, Calloway, Graves, McCracken, Ballard, Hickman, and Fulton.

§ 6. No person shall be appointed as such Commissioner who is under twenty-five years of age, or who is directly or indirectly interested in any stock, bond or other property of, or is in the employment of, any railroad company; and no person appointed as such Commissioner shall, during the term of his office, become interested in any stock, bond or other property of any railroad company, or be employed by any railroad company. The Governor shall have power to fill vacancies in the office of any such Commissioner until the meeting of the Senate.

§ 7. Before entering upon the duties of his office, each of said Commissioners shall make and file with the Secretary of State an affidavit that he will faithfully discharge the duties of the office of Commissioner of Railroads, without favor or partiality, to the best of his ability.

§ 8. Each of said Commissioners shall receive for his services the sum of not exceeding two thousand dollars per annum, payable quarterly; they shall be furnished with an office, furniture and stationery at the expense of the State. The total sum to be expended by said Commissioners for office rent, furniture and stationery shall not exceed eight hundred dollars per annum. The office of said Commissioners shall be kept at Frankfort.

§ 9. Every railroad company shall, on or before the first day of September in each year, make and transmit to the Commissioners, at their office in Frankfort, under oath of the proper officers of the corporation, a full and true statement of the affairs of said corporation as the same existed on the first day of the preceding July, specifying:

1st. The amount of capital stock paid up, and the names of the owners thereof, and amounts owned by each, and the residence of each stockholder, as far as known.

2d. The amount of its assets and liabilities.

3d. The names and places of residence of its general officers. 4th. The amount of cash paid to the company on account of the original capital stock.

5th. The amount of funded debt.

6th. The amount of floating debt.

7th. The estimated value of the road-bed, including iron and bridges.

8th. The estimated value of rolling stock.

9th. The estimated value of stations, buildings and fixtures. 10th. The estimated value of other property.

11th. The length of single main track.

12th. The length of double main track.

13th. The length of branches, stating length of single and of double track.

14th. The aggregate length of siding and other tracks not above enumerated.

15th. The number of miles run by passenger trains during the year preceding the making of the report.

16th. The number of miles run by freight trains during the same period.

17th. The number of tons of through freight carried, and the number of tons of local freight during the same time.

18th. The monthly earnings for the transportation of passengers during the same time.

19th. The monthly earnings for the transportation of freight during the same time.

20th. The monthly earnings from all other sources respectively.

21st. The amount of expenses incurred in running of passenger trains during the same time.

22d. The expense incurred in running freight trains and in running mixed trains during the same time.

23d. All other expenses incurred in the management of the road, including the salaries of officers, which shall be reported separately.

24th. The amount expended for repairs of road and maintenance of way, including repairs and renewals of bridges and renewals of iron.

25th. The amount expended for improvements, and whether the same is estimated as a part of the expenses of operating or repairing the road, and if either, which?

26th. The amount expended for motive power and cars.

27th. The amount expended for station-houses, buildings and fixtures.