under this act either party shall have the right of trial by jury. finding with their verdict, and shall assess and return with their verdict the amount of the fine to be imposed upon the defendant, at any sum not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000,) and the court shall render judgment accordingly; and if the jury shall find for the people, and that the defendant has been twice before con the same direction over equal distances of the same railroa; or if it shall charge, collect, or 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 upon 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 railclass or number, for a 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; all such discriminating rates, charges, collections, or receipts, whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken against such railroad corporation as prima facie evidence of the unjust discriminations prohibited by the provisions of this act, and it shall not be deemed a sufficient excuse or justification of such discrim-victed of a violation of the provisions of this inations on the part of such railroad corporation, that the railway station or point at which it shall charge, collect, or receive the same or less rates of toll or compensation for the transportation of such passenger or freight, or for the use and transportation of such railroad car the greater distance than for the shorter distance, is a railway station or point at which there exists competition with any other railroad or means of transportation. This section shall not be construed so as to exclude other evidence tending to show any unjust discrimination in freight and passenger rates. The provisions of this section shall extend and apply to any railroad, the branches thereof, and any road or roads which any railroad corporation has the right, license, or permission to use, operate, or control, wholly or in part, within the State: Provided, however, That nothing herein contained shall be so construed as to prevent railroad corporations from issuing commutation, excursion, or thousand mile tickets, as the same are now issued by such corporations. SEC. 4. Any such railroad corporation guilty of extortion, or of making any unjust discrimination as to passenger or freight rates, or the rates for the use and transportation of railroad cars, or in receiving, handling, or delivering freights shall, upon conviction thereof, be fined in any sum not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for the first offense; and for the second offense not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000;) and for the third offense not less ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000;) and for every subsequent offense and conviction thereof shall be liable to a fine of twenty-five thousand dollars ($25,000:) Provided, That in all cases act, with respect to extortion or unjust discrim ination, they shall return such finding with their verdict, and shall assess and return with their verdict the amount of the fine to be imposed upon the defendant, at any sum not less than ten thousand dollars ($10.000) nor more than twenty thousand dollars ($20,000;) and in like manner for every subsequent offense and conviction such defendant shall be liable to a fine of twenty-five thousand dollars ($25,000:) Provided, That in all cases under the provisions of this act a preponderance of evidence in favor of the people shall be sufficient to authorize a verdict and judgment for the people, SEC. 6. If any such railroad corporation shall, in violation of any of the provisions of this act, ask, demand, charge, or receive of any person or corporation, any extortionate charge or charges for the transportation of any passengers, goods, merchandise, or property, or for receiving, handling, or delivering freights, or shall make any unjust discrimination against any person or corporation in its charges therefor, the person or corporation so offended against may for each offense recover of such railroad corporation, in any form of action, three times the amount of the damages sustained by the party aggrieved, together with cost of suit and a reasonable attorney's fee, to be fixed by the court where the same is heard, on appeal or otherwise, and taxed as a part of the costs of the case. SEC. 7. It shall be the duty of the railroad and warehouse commissioners to personally investigate and ascertain whether the provisons of this act are violated by any railroad corporation in this State, and to visit the various stations upon the line of each railroad for that purpose, as often as practicable; and whenever the facts in any manner ascertained by said commissoners shall in their judgment warrant such prosecution, it is tried, by the person collecting the same, in the manner now provided by law, to be used for county purposes. The remedies hereby given shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this act shall not be construed as repealing any statute giving such remedies. Suits commenced under the provisions of this act shall have pre cedence over all other business, except criminal business. 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 county treasury of the county in which the suit may violate the provisions of this act. Such suits and prosecutions may be instituted in any county in the State, through or into which the line of the railroad corporation sued for violating this act may extend. And such railroad and warehouse commissioners are hereby authorized, when the facts of the case presented to them shall, in their judgment, warrant the commencement of such action, to employ counsel to assist the Attorney General in conducting such suit on behalf of the State. No such suits commenced by said commissioners shall be dismissed, except said railroad and warehouse commissioners and the Attorney General shall consent thereto. SEC. 11. The term "railroad corporation," contained in this act, shall be deemed and taken to mean all corporations, companies, or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this State; and the provisions of this act shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railways in this State (street railways excepted) the same as to railroad corporations hereinbefore mentioned. SEC. 8. The railroad and warehouse commissioners are hereby directed to make, for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of reasonable maximum rates of charges for the transportation of passengers and freight and cars on each of said railroads; and said schedule shall, in all suits brought against any such railroad corporations, wherein is in any way involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken, in all courts of this State, as prima facie evidence that the rates therein fixed are reasonable maximum rates of charges for the transportation of passengers and freights and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall, from time to time, and as often as circumstances may require, change and revise said schedules. When such schedules shall have been made or revised as aforesaid, it shall be the duty of said commissioners to cause publication thereof to be made for three successive weeks, in some public newspaper published in the city of JOHN L. BEVERIDGE, Springfield in this state: "Provided, That the schedules thus prepared shall not be taken as prima facie evidence as herein provided until SEC. 12. An act entitled "An act to prevent S. M. CULLOM, Governor. President of the Senate. schedules shall have been prepared and published The Railroad Law of Wisconsin, of 1874. CHAPTER 273. AN ACT relating to railroads, express and telegraph companies, in the State of Wisconsin. The people of the State of Wisconsin, repre sented in Senate and Assembly, do enact as follows: as aforesaid for all the railroad companies now organized under the laws of this State, and until the fifteenth day of January, A. D. 1874, or until ten days after the meeting of the next session of this General Assembly, provided a session of the General Assembly shall be held previous to the fifteenth day of January aforesaid." All such 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 iu 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, shall be presumed to have been so published at the date thereof, and to be a public newspaper. SEC. 10. In all cases under the provisions of this act, the rules of evidence shall be the same as in other civil actions, except as herein before Railway Company, the Green Bay and Minne sota Railway Company, or the West Wisconsin Railway Company. Class C shall include all other railroads or parts of railroads in said State. 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 B, 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 preceed 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 21 barrels or more; Class Fshali part. Class II, 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 21 bar-ceeding seven dollars per car load for the second rels or more; Class G shall comprise lumber, lath, and shingles in car loads; Class II shall comprise live-stock in car loads; Class I shall comprise agricultural implements, furniture, and wagons; Class J shall comprise coal, brick, sand, stone, and heavy fourth class articles in car loads; and in addition to the several articles in the said special classes, shall be added other articles as and in the manner hereinafter prescribed, except into Classes D, E, G, and H; and all articles not above enumerated, or subsequently set into said classes as hereinafter provided, shall be placed in and belong to the four general classes, to be classified by the railroad commissioners hereinafter provided to be appointed, as said articles were classified by the Milwaukee and St. Paul Railway, which classification went into effect on the 15th day of June, 1872. SEC. 4. No individual, company or corporation owning, operating, managing, or leasing any railroad or part of railroad designated in section one as Class A or B, shall charge for or receive a greater or higher rate for carrying articles named in the several special classes herein designated than is hereinafter provided,-namely, Class D, not exceeding six cents per one hundred pounds, for the first twenty-five miles, and not exceeding four cents per hundred pounds for the second twenty five miles, and not exceeding two cents per hundred pounds for each additional twenty five miles or fractional part thereof, unless the fraction shall be less than thirteen miles, in which case the rate shall be one cent for said fractional part, unless the whole distance be over two hundred miles, when no greater rate than one-half cent per hundred pounds shall be received for such twenty-five miles over said first mentioned distance. Class E, not exceeding twelve cents per barrel for the first twenty-five miles, and not exceeding eight cents per barrel for the second twenty-five miles, and not exceed four cents for each additional twenty-five miles, or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall twenty-five miles, and four dollars per car load for each additional twenty-five miles, or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed two dollars per car load for such fractional part. Class I, not exceeding eleven dollars per car load for the first twenty-five miles, and not exceeding six dollars per car load for the second twenty-five miles, and not exceeding three dollars per car load for each additional twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one dollar and one-half per car load for such fractional part. Class J, not exceeding eight dollars per car load for the first twenty five miles, and not exceeding six dollars per car load for the second twenty-five miles, and not exceeding two and one-half dollars per car load for each additional twenty-five miles, or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one dollar per car load for such fractional part. SEC. 5. No individual, company, or corporation owning, operating, managing, or leasing any railroad mentioned in classes A and B, in the first section of this act, shall receive a greater or higher rate for carrying any freight, under the four general classes named in the third section of this act, than was charged for carrying freights in said four general classes on said railroad on the first day of June, 1873, and no individual, company, or corporation owning, operating, managing, or leasing any railroad mentioned in class C, in the first section of this act, shall receive a greater or higher rate for carrying freight than was received by said individual, company, or corporation for carrying such freight on the first day of June, 1873. In computing the rates for carrying any freights according to the provisions of this act, the distance for carrying such freight shall be computed from where it is received, notwithstanding it may pass from one railroad to another. SEC. 6. In no instance shall any such indi- | shall wilfully fail or refuse to obey such subpœna, 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 herein before 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 subpœna 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 herein before mentioned, on guilty of a misdemeanor and shall be liable to account of the compensation herein before 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 pay a fine of not exceeding two hundred dollars for each and every offense; and the injured party shall have a right of action against said agent, or against the railway company or other persons operating the railroad, or both, in which he shall be entitled to recover three times the amount taken or received from him in excess of the rates prescribed by this act. SEC. 7. Justices of the peace shall have concurrent jurisdiction with the circuit court in all prosecutions for violation of this act, with full power and authority to impose fines, and to the same extent as the circuit court; and the defendant shall have the right of appeal as in other cases tried before justices of the peace, and justices of the peace shall also have jurisdiction in all civil cases under this act whenever the amount claimed does not exceed two hundred dollars. SEC. 12. Said railroad commissioners shall, during the month of January in each year, as certain and make return to the State treasurer hereinafter provided. 1st. The actual cost of each railroad in this State up to and including the 31st day of the next preceding December, and if such railroad shall be partly in and partly out of this State, then the actual cost of so much thereof as is in this State. 2d. The total gross receipts resulting from the operation of every such railroad during the next preceding year ending on the 31st day of December, or of that part of the same which is in this State. 3d. The total net earnings resulting from the operation of any such railroad during the next preceding year, ending on the 31st day of December, or that part of the same which is in this State. 4th. The total interest-bearing indebtedness of 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 railroad company, or in any way or manner interested in railroads, shall be so appointed. SEC. 9. Said railroad commissioners shall have power to administer oaths or affirmations, to send for persons or papers under such regulations as they may prescribe, and shall at any and at all times have access to any and all books and papers in any railroad office, kept for and used in any railroad office, by any railroad company in this State. interest shall have been paid by such company during such year ending on the 31st day of the next preceding December, or that part of such indebtedness which is justly chargeable to that part of said railroad that is in this State. The Board of Commissioners shall prescribe the form and manner in which all reports required from railway companies under the provisions of this act shall be made, and suitable blanks for that purpose, as by said commissioners directed, shall 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 act, for the purpose of obtaining information pursuant to this act, shall have power to issue subpoenas for the attendance of witnesses by such rules as they may prescribe. In case any person to inspection by the Governor, Secretary of State, Attorney General, and Legislature. SEC. 13. Said railroad commissioners shall have power to classify all articles of freight 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, 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 of railroads, either in general or special classes, when in their judgment, or a majority of them, it can be done without injury to such railroad. SEC. 14. Any individual, company, or corporation owning, operating, managing, or leasing any of said railroads or parts of railroads, shall be bound by the decision of such railroad commissioners, or a majority of them, with reference to said rates, and every violation by said individual, company, or corporation charging a greater or higher rate shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not exceeding two hundred dollars for each and every offense, and the injured party shall have a right of action against said individual, railroad company, or corporation operating said railroad, in which he shall be entitled to recover three times the amount taken or received from him in excess of the rates prescribed by this act, to be recovered as provided in section seven of this act. SEC. 15. Before entering upon the duties of his office each of said commissioners shall make and subscribe and file with the Secretary of State an affidavit in the following form: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of the State of Wisconsin, and that I will faithfully discharge the duties of railway commissioner according to the best of my ability; that I am not a stockholder, officer, or employee of any railroad or freight company, or in any way SEC. 16. Each of said commissioners shall receive for his services not exceeding twenty-five hundred dollars per annum, payable quarterly, and three dollars per day for traveling expenses for each and every day actually traveled in the performance of the duties herein required; he shall be furnished with an office, furniture, and stationery, and necessary books and maps, at the expense of the State. The office of said commissioner shall be kept in Madison, and all sums of money authorized to be paid by this act out of the State treasury only on the order of the Governor, provided that the total sum of money to be expended by said commissioners for office rent, furniture, and stationery, shall not exceed the total sum of eight hundred dollars per annum. SEC. 17. The commissioners shall have the right of passing, in the performance of their duties concerning railroads, on all railways and railway trains in this State, free of charge. SEC. 18. Nothing contained in this act shall be taken as in any manner abridging or controlling the rates for freight charged by any railroad company in this State for carrying freight which comes from beyond the boundaries of the State, and to be carried across or through the State, but said railroad companies shall possess the same power and right to charge such rates for carrying such freight as they possessed before the passage of this act. SEC. 19. This act shall take effect and be in force from and after its passage and publication. Approved March 11, 1874. XVI. THE SUPPLEMENTARY CIVIL RIGHTS BILL. [For previous votes on this subject, see Mc- | intendents, teachers, and other officers of comPherson's Hand-Book of Politics, for 1872, pp. 83-85.] FORTY-SECOND CONGRESS, THIRD SESSION. IN HOUSE. 1872, December 9.-House bill 1647, supplemental to an act entitled "An act to protect all citizens of the United States in their civil rights and to furnish the means for their vindication," passed April 9, 1866, came up in order, as follows: That no citizen of the United States shall, by reason of race, color, or previous condition of servitude, be excepted or excluded from the full and equal enjoyment of any accommodation, advantage, facility, or privilege furnished by inn-keepers; by common carriers, whether on land or water; by licensed owners, managers, or lessees of theaters or other places of public amusement; by trustees, commissioners, super mon schools and other public institutions of learning, the same being supported by moneys derived from general taxation, or authorized by law; also of cemetery associations and benevolent associations supported or authorized in the same way: Provided, That private schools, cemeteries, and institutions of learning established exclusively for white or colored persons, and maintained respectively by voluntary contributions, shall remain according to the terms of the original establishment. SEC. 2. That any person violating any of the provisions of the foregoing section, or aiding in their violation, or inciting thereto, shall, for every such offense, forfeit and pay the sum of five hundred dollars to the person aggrieved thereby, to be recovered in an action on the case, with full costs, and shall also, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less |