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the same direction over equal distances of the under this act either party shall have the right same railroa; or if it shall charge, collect, or of trial by jury. receive from any person or persons for the use SEC. 5. The fines hereinbefore provided for and transportation of any railroad car or cars may be recovered in an action of debt in the apon its railroad for any distance the same or a name of the people of the State of Illinois, and greater amount of toll or compensation than is there may be several counts joined in the same at the same time charged, collected, or received declaration as to extortion and unjust discrimifrom any other person or persons for the use and nation, and as to passenger and freight rates, transportation of any railroad car of the same and rates for the use and transportation of rail. class or number, for å like purpose, being trans- road cars, and for receiving, handling, or delivported in the same direction over a greater dis- ering freights. If, upon the trial of any cause tance of the same railroad; or if it shall charge, instituted under this act, the jury shall find for collect, or receive from any person or persons the people, they shall assess and return with for the use and transportation of any railroad their verdict the amount of the fine to be imcar or cars upon its railroad a higher or greater posed upon the defendant, at any sum not less rate of toll or compensation than it shall at the than one thousand dollars ($1,000) nor more than same time charge, collect, or receive from any five thousand dollars ($5,000,) and the court shall other person or persons for the use and transpor- render judgment accordingly; and if the jury tation of any railroad car or cars of the same shall find for the people, and that the defendant class or number, for a like purpose, being trans- has been once before convicted of a violation of ported from the same point in the same direc- the provisions of this act, they shall return such tion over an equal distance of the same railroad; finding with their verdict, and shall assess and all such discriminating rates, charges, collections, return with their verdict the amount of the fine or receipts, whether made directly or by means to be imposed upon the defendant, at any sum of any rebate, drawback, or other shift or eva- not less than five thousand dollars ($5,000) nor sion, shall be deemed and taken against such more than ten thousand dollars ($10,000,) and railroad corporation as prima facie evidence of the court shall render judgment accordingly; the unjust discriminations prohibited by the and if the jury shall find for the people, and provisions of this act, and it shall not be deemed that the defendant has been twice before conà sufficient excuse or justification of such discrim- victed of a violation of the provisions of this inations on the part of such railroad corporation, act, with respect to extortion or unjust discrimthat the railway station or point at which it ination, they shall return such finding with shall charge, collect, or receive the same or less their verdict, and shall assess and return with rates of toll or compensation for the transporta- their verdict the amount of the fine to be imtion of such passenger or freight, or for the use posed upon the defendant, at any sum not less and transportation of such railroad car the than ten thousand dollars ($10,000) nor more greater distance than for the shorter distance, is than twenty thousand dollars ($20,000;) and in a railway station or point at which there exists like manner for every subsequent offense and concompetition with any other railroad or means of viction such defendant shall be liable to a fine of transportatlon. This section shall not be con- twenty-five thousand dollars ($25,000:) Provided, strued so as to exclude other evidence tending That in all cases under the provisions of this to show any unjust discrimination in freight act a preponderance of evidence in favor of the and passenger rates. The provisions of this people shall be sufficient to authorize a verdict section shall extend and apply to any railroad, and judgment for the people, the branches thereof, and any road or roads Sec. 6. If any such railroad corporation shall, which any railroad corporation has the right, in violation of any of the provisions of this act, license, or permission to use, operate, or control, ask, demand, charge, or receive of any person or wholly or in part, within the State: Provided, corporation, any extortionate charge or charges however, That nothing herein contained shall for the transportation of any passengers, goods, be so construed as to prevent railroad corpora merchandise, or property, or for receiving, bandtions from issuing commutation, excursion, or ling, or delivering freights, or shall make any thousand mile tickets, as the same are now issued unjust discrimination against any person or cor. by such corporations.
poration in its charges therefor, the person or Sec. 4. Any such railroad corporation guilty corporation so offended against may for each of extortion, or of making any unjust discrim- offense recover of such railroad corporation, in ination as to passenger or freight rates, or the any form of action, three times the amount of rates for the use and transportation of railroad the damages sustained by the party aggrieved, cars, or in receiving, handling, or delivering together with cost of suit and a reasonable attorfreights shall, upon conviction thereof, be fined ney's fee, to be fixed by the court where the same in any eum not less than one thousand dollars is heard, on appeal or otherwise, and taxed as a ($1,000) nor more than five thousand dollars part of the costs of the case. ($5,000) for the first offense; and for the second | Sec. 7. It shall be the duty of the railroad and offense not less than five thousand dollars warehouse commissioners to personally investi($5,000) nor more than ten thousand dollars gate and ascertain whether the provisons of this ($10,000;) and for the third offense not less act are violated by any railroad corporation in ten thousand dollars ($10,000) nor more than this State, and to visit the various stations upon twenty thousand dollars ($20,000;) and for the line of each railroad for that purpose, as often every subsequent offense and conviction thereof as practicable; and whenever the facts in any shall be liable to a fine of twenty-five thousand manner ascertained by said commissoners shall dollars ($25,000:) Provided, That in all cases lin their judgment warrant such prosecution, it shall be the duty of said commissioners to imme- otherwise provided. All fines recovered under diately cause suits to be commenced and prose- the provisions of this act shall be paid into the cuted against any railroad corporation which courty treasury of the county in which the suit may violate the provisions of this act. Such is tried, by the person collecting the same, in the suits and prosecutions may be instituted in any manner now provided by law, to be used for county in the State, through or into which the county purposes. The remedies hereby given shall line of the railroad corporation sued for violating be regarded as cumulative to the remedies now this act may extend. And such railroad and given by law against railroad corporations, and warehouse commissioners are hereby authorized, this act shall not be construed as repealing any when the facts of the case presented to them shall, statute giving such remedies. Suits commenced in their judgment, warrant the commencement under the provisions of this act shall have preof such action, to employ counsel to assist the cedence over all other business, except criminal Attorney General in conducting such suit on be- business. half of the State. No such suits commenced by SEC. 11. The term “railroad corporation," said commissioners shall be dismissed, except said contained in this act, shall be deemed and taken railroad and warehouse commissioners and the to mean all corporations, companies, or individAttorney General shall consent thereto.
uals now owning or operating, or which may SEC. 8. The railroad and warehouse commis- hereafter own or operate any railroad, in whole sioners are hereby directed to make, for each of or in part, in this State; and the provisions of the railroad corporations doing business in this this act shall apply to all persons, firms, and State, as soon as practicable, a schedule of rea- companies, and to all associations of persons, sonable maximum rates of charges for the trans- whether incorporated or otherwise, that shall do portation of passengers and freight and cars on business as common carriers upon any of the each of said railroads; and said schedule shall, lines of railways in this State (street railways in all suits brought against any such railroad excepted) the same as to railroad corporations corporations, wherein is in any way involved the hereinbefore mentioned. charges of any such railroad corporation for the SEC. 12. An act entitled "An act to prevent transportation of any passenger or freight or cars, unjust discriminations and extortions in the or unjust discrimination in relation thereto, be rates to be charged by the different railroads in deemed and taken, in all courts of this State, as this State for the transportation of freight on prima facie evidence that the rates therein fixed said roads," approved April 7, A. D. 1871, is are reasonable maximum rates of charges for the hereby repealed, but suchi repeal shall not affect transportation of passengers and freights and cars nor repeal any penalty incurred or right accrued upon the railroads for which said schedules may under said act prior to the time this act takes have been respectively prepared. Said commis- effect, nor any proceedings or prosecutions to sioners shall, from time to time, and as often as enforce such rights or penalties. circumstances may require, change and revise Approved May 2, 1873. said schedules. When such schedules shall have
S. M. CULLOM, been made or revised as aforesaid, it shall be the
Speaker House of Representatives. duty of said commissioners to cause publication
JOHN EARLY, thereof to be made for three successive weeks, in
President of the Senate. some public newspaper published in the city of John L. BEVERIDGE, Springfield in this state: “Provided, That the
Governor. schedules thus prepared shall not be taken as prima facie evidence as herein provided until schedules shall have been prepared and published
The Railroad Law of Wisconsin, of
1874. as aforesaid for all the railroad companies now organized under the laws of this State, and until
CHAPTER 273. the fifteenth day of January, A. D. 1874, or until An Act relating to railroads, express and teleten days after the meeting of the next session of graph companies, in the State of Wisconsin, this General Assembly, provided a session of the The people of the State of Wisconsin, repre General Assembly shall be held previous to the sented in Senate and Assembly, do enact as folfifteenth day of January aforesaid.” All such lows: schedules, purporting to be printed and pub SEC. 1. All railroads in the State of Wisconlished as aforesaid, shall be received and held, sin are hereby divided into three classes, to be in all such suits, as prima facie the schedules of known as Class A, Class B, and Class C. Class said commissioners, without further proof than A shall include all railroads or parts of railroads the production of the paper in which they were in the State of Wisconsin now owned, operated, published, together with the certificate of the managed or leased either by the Milwaukee and publisher of said paper that the schedule therein St. Paul Railway Company, the Chicago and contained is a true copy of the schedule furnished Northwestern Railway Company, or the Western for publication by said commissioners, and that Union Railway Company. Class B shall include it has been published the above specified time; all railroads or parts of railroads owned, operated, and any such paper purporting to have been pub- managed, or leased by the Wisconsin Central lished at said city, and to be a public newspaper, Railway Company, the Green Bay and Minne shall be presumed to have been so published at sota Railway Company, or the West Wisconsin the date thereof, and to be a public newspaper. Railway Company. Člass C shall include all
Sec. 10. In all cases under the provisions of other railroads or parts of railroads in said, this act, the rules of evidence shall be the same State. as in other civil actions, except as hereinbeforel SEC. 2. Any individual, company, or corpora
tion owning, operating, managing, or leasing any | not exceed two cents per barrel for said fractional railroad or part of a railroad in the several class- part, unless the whole distance be over two ifications as herein prescribed, shall be limited hundred miles, when no greater rate than one to a compensation per mile for the transporta cent per barrel shall be charged for such addition of any person with ordinary baggage not ex- tional twenty-five miles over said two hundred ceeding one hundred pounds in weight, as fol-miles. Class F, not exceeding fifteen cents lows: Class A, three cents; Class R, three and one- per barrel for the first twenty five miles, half cents; Class C, four cents; provided that no and not exceeding six cents per barrel for the such individual, company, or corporation, shall second twenty-five miles, and not exceeding charge, demand or receive any greater compen- three and one half cents per barrel for each sation per mile for the transportation of children additional twenty-five miles, or fractional part of the age of twelve years or under than one-half thereof, unless the fraction be less than thirteen of the rate above prescribed; and provided fur- miles, in which case the rate shall not exther, that the rates of transportation herein pre ceed one and one-half cents per barrel for said scribed may be reduced as hereinafter provided. fractional part. Class G, not exceeding eight
Sec. 3. All freights hereafter transported upon dollars per car load for the first twenty five any railroad or part of a railroad in this State are miles, and not exceeding five dollars per car load hereby divided into four general classes, to be for the second twenty-five miles, and not exceeddesignated as first second, third, and fourth ing two dollars per car load for each additional classes, and into seven special classes, to be desig- twenty-five miles, or fractional part thereof, nated as Class D, E, F, G, H, I, and J. Class unless the fraction be less than thirteen miles, in D shall comprise all grain in car loads ; Class E which case the rate shall not exceed one dollar shall comprise flour in lots of 50 barrels, and and fifty cents per car load for such fractional lime in lots of 24 barrels or more; Class Fshall part. Class H, not exceeding ten dollars per car comprise salt in lots of 60 barrels or more; and load for the first twenty five miles, and not excement, water, lime and stucco in lots of 244 bar- | ceeding seven dollars per car load for the second rels or more; Class G shall comprise lumber, lath, twenty-five miles, and four dollars per car load and shingles in car loads; Class H shall comprise for each additional twenty-five miles, or fractionlive-stock in car loads; Class I shall comprise al part thereof, unless the fraction be less than agricultural implements, furniture, and wagons; thirteen miles, in which case the rate shall not Class J shall comprise coal, brick, sand, stone, exceed two dollars per car load for such fractionand heavy fourth class articles in car loads; and al part. Class I, not exceeding eleven dollars in addition to the several articles in the said per car load for the first twenty-five miles, and special classes, shall be added other articles as not exceeding six dollars per car load for the and in the manner hereinafter prescribed, except second twenty-five miles, and not exceeding into Classes D, E, G, and H; and all articles not three dollars per car load for each additional above enumerated, or subsequently set into said twenty-five miles or fractional part thereof, unclasses as hereinafter provided, shall be placed in less the fraction be less than thirteen miles, in and belong to the four general classes, to be class- which case the rate shall not exceed one dollar ified by the railroad commissioners hereinafter and one-half per car load for such fractional part. provided to be appointed, as said articles were Class J, not exceeding eight dollars per car classified by the Milwaukee and St. Paul Rail- load for the first twenty five miles, and not exway, which classification went into effect on the ceeding six dollars per car load for the second 15th day of June, 1872.
twenty-five miles, and not exceeding two and Sec. 4. No individual, company or corporation one-half dollars per car load for each additional owning, operating, managing, or leasing any rail-twenty-five miles, or fractional part thereof, road or part of railroad designated in section unless the fraction be less than thirteen miles, in one as Class A or B, shall charge for or receive which case the rate shall not exceed one dollar a greater or higher rate for carrying articles per car load for such fractional part. named in the several special classes herein desig SEC. 5. No individual, company, or corporanated than is hereinafter provided,--namely, tion owning, operating, managing, or leasing Class D, not exceeding six cents per one hundred any railroad mentioned in classes A and B, in pounds, for the first twenty-five miles, and not the first section of this act, shall receive a greater exceeding four cents per hundred pounds for the or higher rate for carrying any freight, under second twenty five miles, and not exceeding two the four general classes named in the third seccents per hundred pounds for each additional tion of this act, than was charged for carrying twenty five miles or fractional part thereof, un freights in said four general classes on said railless the fraction shall be less than thirteen miles, road on the first day of June, 1873, and no in which case the rate shall be one cent for said individual, company, or corporation owning, fractional part, unless the whole distance be over operating, managing, or leasing any railroad two hundred miles, when no greater rate than mentioned in class C, in the first section of this one-half cent per hundred pounds shall be react, shall receive a greater or higher rate for ceived for such twenty-five miles over said first carrying freight than was received by said inmentioned distance. Class E, not exceeding dividual, company, or corporation for carrying twelve cents per barrel for the first twenty-five such freight on the first day of June, 1873. In miles, and not exceeding eight cents per barrel computing the rates for carrying any freights for the second twenty-five miles, and not exceed according to the provisions of this act, the disfour cents for each additional twenty-five miles, ortance for carrying such freight shall be computed fractional part thereof, unless the fraction be less from where it is received, notwithstanding it than thirteen miles, in which case the rate shall may pass from one railroad to another.
Sec. 6. In no instance shall any such indi- shall wilfully fail or refuse to obey such subpoena, vidual, company, or corporation, lessee, or other it shall be the duty of the circuit court of any person charge or receive any greater rate or county, upon application of the said commis compensation for carrying freight or passengers sioners, to issue an attachment for such witness than hereinbefore provided ; and any individual, and compel such witness to attend before the company, or corporation violating or in any way commissioners and give his testimony upon such evading the provisions of this act shall forfeit matters as shall be lawfully required by such all right to recover or receive any compensation commissioners, and said court shall have power whatever for the service rendered wherein such to punish for contempt as in other cases of refusal violation is attempted ; and every agent of any to obey the process and order of such court. such corporation, lessee, or other individual Sec. 11. Any person who shall wilfully neg operating any railroad within this State, who lect or refuse to obey the process of subpæna shall refuse to receive for transportation over issued by said commissioners, and appear and the road for which he is agent, in the usual way, testify as therein required, shall be deemed any of the articles hereinbefore mentioned, on guilty of a misdemeanor and shall be liable to account of the compensation hereinbefore pre arraignment and trial in any court of competent scribed being too low, or receiving any such arti- jurisdiction, and on conviction thereof shall be cles of freight, shall charge or attempt to charge punished for such offense by a fine not less than for the transportation of the same any greater fifty dollars nor more than five hundred dollars sum than herein fixed, or shall in any manner or by imprisonment of not more than thirty days, violate or attempt to violate or evade the pro- or both, in the discretion of the court before visions of this act, shall be deemed guilty of a which such convictions shall be had. misdemeanor, and on conviction thereof shall SEC. 12. Said railroad commissioners shall, pay a fine of not exceeding two hundred dollars during the month of January in each year, as for each and every offense; and the injured party certain and make return to the State treasurer shall have a right of action against said agent, hereinafter provided. 1st. The actual cost of or against the railway company or other persons each railroad in this State up to and including operating the railroad, or both, in which he shall the 31st day of the next preceding December, be entitled to recover three times the amount and if such railroad shall be partly in and partly taken or received from him in excess of the rates out of this state, then the actual cost of so much prescribed by this act.
thereof as is in this State. 2d. The total gross Sec. 7. Justices of the peace shall have con- receipts resulting from the operation of every current jurisdiction with the circuit court in all such railroad during the next preceding year prosecutions for violation of this act, with full ending on the 31st day of December, or of that power and authority to impose fines, and to the part of the same which is in this State. 3d. The same extent as the circuit court; and the defend total net earnings resulting from the operation ant shall have the right of appeal as in other of any such railroad during the next preceding cases tried before justices of the peace, and jus- year, ending on the 31st day of December, or tices of the peace shall also have jurisdiction in that part of the same which is in this State. all civil cases under this act whenever the amount | 4th. The total interest-bearing indebtedness of claimed does not exceed two hundred dollars. the company owning or operating such railroad,
Sec. 8. The Governor shall, on or before the and the amount of interest paid by such company first day of May, 1874, by and with the consent during the next preceding year, ending on the of the Senate, appoint three railroad commis- 31st day of December, and if any part of such sioners, one for a term of one year, one for a indebtedness has been incurred in consequence term of two years, and one for a term of three of the construction, maintenance, repair, removal, years, whose term of office shall commence on the or operation of any part of such railroad which first day of May, and shall each year thereafter, is not in this State, or for equipment for such on the first day of May, appoint one railroad part, such railroad commissioners shall ascertain commissioner for the term of three years, said and determine in such manner as they shall railroad commissioner to be confirmed by the think just and equitable how much of its indebtSenate next convening after said appointment; edness is justly chargeable to that part of said but no person owning any bonds, stock, or prop railroad that is in this State, and how much erty in any railroad, or in the employ of any interest shall have been paid by such company railroad company, or in any way or manner in- during such year ending on the 31st day of the terested in railroads, shall be so appointed. next preceding December, or that part of such
SEC. 9. Said railroad commissioners shall have indebtedness which is justly chargeable to that power to administer oaths or affirmations, to send part of said railroad that is in this State. The for persons or papers under such regulations Board of Commissioners shall prescribe the form as they may prescribe, and shall at any and at and manner in which all reports required from all tiines have access to any and all books and railway companies under the provisions of this papers in any railroad office, kept for and used act shall be made, and suitable blanks for that in any railroad office, by any railroad company purpose, as by said commissioners directed, shall in this State.
be provided for by the Secretary of State. The Sec. 10. Said railroad commissioners, in mak-records of said board shall at all times be open ing any examination as contemplated in this to inspection by the Governor, Secretary of act, for the purpose of obtaining information State, Attorney General, and Legislature. pursuant to this act, shall have power to issue SEC. 13. Said railroad commissioners shall Bubpænas for the attendance of witnesses by such have power to classify all articles of freight rules as they may prescribe. In case any person i transported on any railroad, except the articles
herein placed in special classes D, E, G, and H, interested therein;" and shall enter into bonds, placing said articles in either of the general with security approved by the Governor, in the Classes herein provided for, or in any of said sum of twenty thousand dollars, conditioned for special classes, except classes D, E, G, and H, I the faithful performance of his duty as such comand are further empowered and authorized to missioner. reduce said rates on any of said railroads or parts SEC. 16. Each of said commissioners shall reof railroads, either in general or special classes, ceive for his services not exceeding twenty-five when in their judgment, or a majority of them, hundred dollars per annum, payable quarterly, it can be done without injury to such railroad. and three dollars per day for traveling expenses
SEC. 14. Any individual, company, or corpo- for each and every day actually traveled in the ration owning, operating, managing, or leasing performance of the duties herein required; he any of said railroads or parts of railroads, shall shall be furnished with an office, furniture, and be bound by the decision of such railroad com- stationery, and necessary books and maps, at the missioners, or a majority of them, with reference expense of the State. The office of said commis. to said rates, and every violation by said indisioner shall be kept in Madison, and all sums of vidual, company, or corporation charging a money authorized to be paid by this act out of greater or higher rate shall be deemed guilty of the State treasury only on the order of the Gov. à misdemeanor, and on conviction thereof shall ernor, provided that the total sum of money to pay a fine of not exceeding two hundred dol- be expended by said commissioners for office lars for each and every offense, and the injured rent, furniture, and stationery, shall not exceed party shall have a right of action against said the total sum of eight hundred dollars per annum. individual, railroad company, or corporation Sec. 17. The commissioners shall have the right operating said railroad, in which he shall be of passing, in the performance of their duties conentitled to recover three times the amount taken cerning railroads, on all railways and railway or received from him in excess of the rates pre- trains in this State, free of charge. scribed by this act, to be recovered as provided SEC. 18. Nothing contained in this act shall in section seven of this act.
be taken as in any manner abridging or controlSEC. 15. Before entering upon the duties of his ling the rates for freight charged by any railroad office each of said commissioners shall make and company in this State for carrying freight which snbscribe and file with the Secretary of State an comes from beyond the boundaries of the State, affidavit in the following form: “I do solemnly and to be carried across or through the State, swear (or affirm) that I will support the Consti: but said railroad companies shall possess the tution of the United States and the constitution same power and right to charge such rates for of the State of Wisconsin, and that I will faith- carrying such freight as they possessed before fully discharge the duties of railway commis- the passage of this act. sioner according to the best of my ability; that SEC. 19. This act shall take effect and be in I am not a stockholder, officer, or employee of force from and after its passage and publication. any railroad or freight company, or in any way! Approved March 11, 1874.
(For previous votes on this subject, see Mc- intendents, teachers, and other officers of comPherson's Hand-Book of Politics, for 1872, pp. mon schools and other public institutions of 83-85.]
learning, the same being supported by moneys FORTY-SECOND CONGRESS, THIRD SESSION.
derived from general taxation, or authorized by
law; also of cemetery associations and benevoIN HOUSE.
lent associations supported or authorized in the 1872, December 9.-House bill 1647, supple- same way: Provided, That private schools, mental to an act entitled “An act to protect all cemeteries, and institutions of learning estabcitizens of the United States in their civil rights lished exclusively for white or colored persons, and to furnish the means for their vindication," and maintained respectively by voluntary conpassed April 9, 1866, came up in order, as fol-tributions, shall remain according to the terms lows:
of the original establishment. That no citizen of the United States shall, by SEC. 2. That any person violating any of the reason of race, color, or previous condition of provisions of the foregoing section, or aiding in servitude, be excepted or excluded from the full their violation, or inciting thereto, shall, for and equal enjoyment of any accommodation, every such offense, forfeit and pay the sum of advantage, facility, or privilege furnished by five hundred dollars to the person aggrieved inn-keepers; by common carriers, whether on thereby, to be recovered in an action on the case, land or water; by licensed owners, managers, with full costs, and shall also, for every such or lessees of theaters or other places of public offense, be deemed guilty of a misdemeanor, and, amusement; by trustees, commissioners, super- upon conviction thereof, shall be fined not less