Rensselaer Union, Volume 5, Number 34, Rensselaer, Jasper County, 15 May 1873 — The New Railroad Law of Illinois. [ARTICLE]

The New Railroad Law of Illinois.

As a matter of general interest we give below’ the full text of the Railroad law recently enacted by the Legislature of Illinois ; ABill.for an act to prevent extortion and unjust discrimination in the rates charged for the transportation of passengers and .freights on railroads in this State, and to repeal an act entitled "An Act to prevent unjust discriminations and extortions in the rates to be charged by the different railroads in this State for the transportation of freights on said roads,” approved April 7, A. D. 18 < 1. Section 1. Br if enacted by the People of the State of Illinois, represented in the General Assembly, If any railroad corporation, organized or doing business in this State, under any act of incorporation;or general law of this Slate, now in force, or which may hereafter be enacted, or any railroad corporation organized, or which may hereafter lie organized under the laws of any other State, and doing business in this State: shall charge, collect, or demand, or receive more than a fair and reasonable rate of toll or compensation, for the transportatiott of passengers or freight, of any description, or for tile use and transportation of any railroad car upon its track, or any of the branches thereof, or upon any railroad within this State which it has the right, license, or permission to use. operate, or control, the same shall be deemed guilty of extortion, and upon conviction thereof, shall be dealt with as hereinafter provided. Sec. 2. If any railroad corporation aforesaid shall make any unjust discrimination.in its rates or charges of toll, or compensation, for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car npon its said road, or upon any branches thereof, or upon any railroads connected therewith, which it has the right, license,' or permission to otierate, control, or use, within this State, the same shall be deemed guilty of having violated the provisions of this act. and upon conviction thereof shall be dealt with as hereinafter provided. Sec. 3. If any sucli railroad corporation shall charge, collect, or receive, for the transportation of any passenger, or freight of any description, upon its railroad, for any distance, withip this State, the same, or a greater amount of toiler compensation than is at the same time charged, collected or received for the transportation, in the same direction, for any passenger, or like quantity of freight of the same class, over a greater -dititance ot the same railroad; or if it shall charge, collect or receive, at any point.npon its railroad, a higher rate of toll or compensation for receiving, handling or delivering freight of the same class or like quantity, than it shall at the same time, charge, collect, or receive at any other point upon the same railroad; or if it shall charge, collect or receive for the transportation of any passenger, or freight of any description, over its railroad, a greater amount of toll or compensation than shall, at the same time, be charged, collected or received by it for (lie transportation of any passenger, or like quantity of freight of the same class, being transported in the same direction, over any portion of the same railroad, of equal distance; or if it shall charge, collect or receive from any person or persons, a higher or greater amount of toll or compensation than it shall, at the same time, charge, collect or receive from any other person or persons for receiving, handling or delivering freight of the same class and like quantity, at the same point upon its railroad; or if it shall charge, collect or rcceive 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, .bitingJ.rauaported.from the same point in the same direction over equal distancesjof the same railroad; or if -it shall charge, collector receive from any person or persons, for the use and transportation of any railroad car or cars upon its railroad for any distance, the same or a greater amount of toll for Compensation than is at the same time charged, collected or received from any other person or persons, for the use and transportation of any railroad car of the same class or number, for a like purpose, being transported in the same direction, over a greater distance 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 railn>ad. a higher orgreater rate of toll or cohipensation than it shall, at the same time, charge, collect or receive from any other person or persons for the use and transportation of any railroad car or cars of the same class or number, for a like purpose, being 1 transported from the same point, in the same direction, 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 siieh discriminations on the part of such railroad corporation,that the railway station or point at which thev shall charge, collect or receive the same or less rates of toll or compensation for the transportation Jitanch.paseeiiger ot-Treight, of 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 sectioii slmll extend aud 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 iu part within this 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 i-sued b.v 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, dr 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 than 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): Jtrovided, that, in all cases under this act either party shall haye the right of trial by jury. Sec. 5. The fines hereinbefore provided for mav be recovered in an action of debt, in the name of the People of the Statu of Illinois, and there may be several counts joined, in the same declaration as to extortipii and unjust discrimination, and as to passengets and freight rates, and rates for the nse and transportation of railroad cars, and for receiving,. handling or delivering freights. If. upon the trial of any cause instituted under this act. the jury shall find for the people, they shall assess and return with their verdict the amount of the tine to be imposed upon the defendant. at any sum not less than one thousand dollars ($1.000). nor more than five—thousand dollars($5,000), .and the) Court shall ren_der_judgment accordingly: and if the jury shall find for the people, and that the defendant has been once before convicted of a violation of the provision- of this act, they shall return such finding with their verdict, and shall assess and return with their verdict the amount of the flue to be imposed upon the defendant. at any sum not less than five thousand dollars ($3,000), 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 lias been twice before convicted of a violation of the provisions of this act, with respect to extortion or unjust discrimination, 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 summit less" than ten thousand dollars ($10,000). nor.more than twenty thousand dollars t $20,000); and in like manner for every subsequent offense and conviction such defendant shall be liable to a fine of twenty thousand dollars (s2o.ooo) Provided, that iu all cases under the provisions of this act a preponderance of evidence infavor 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 l its chargee therefor, the person or corporation so offended against may, for each offense, recover of such railroad corporation, in anv form of action, three times thc amuuut-of j hxi damaces susraiiied by the party aggrieved, together with costs of suit and a reasonable attorney's fee. to be,, fixed bv the Court where the same is heard, on appeal or otherwise, and taxed as part of the costs of the case. B®c. 7. It shall be the duty of the Railroad and W arehouse Commissioners to personally investigate and ascertain whether the provisions 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 Commissioners, shall in their judgment warrant such prosecution, it shall be the duty of said Commissioner to immediatelv cause suits to pe commenced and prosecuted affainst any railroad corporations which' mav violate the provisions of this act. Such suits and prosecutions.may be instituted in any county in this State, through or into which the line of the railroad corporations sued for violating this act may extend. And suchEailroad 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 Attbniey-General in

conducting such suit on behalf of the State. No suits commenced by said Commissioners shall lie dismissed, except said Railroad aud Warehouse Comniirriorn ir and the Attorney-General shall Conicnt thereto. Bec. 8. The Railroad and Warehouse Commissioners are hereby directed to make, fhr 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 frailroad corporations, wherein is in any way involved the charges of any sueh 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 tlie rates therein fixed are reasonable maximum rates or charges for the transportation of passengers and freights and cars upon the railroads tor 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 lie the duty of said Commissioners to cause publication thereof to be made for three successive Weeks, in some public newspaper in the City of Springfield, in this State; Provided, that the schedules thus prepared shall not be taken as prima facie evidence as herein provided until schedules shall have been prepared and published as aforesaid for all'railroad companies how- organized under the laws of tins .Stale, and until the 15th 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 Asseihbly shall be held prevlotwTO . the 15th day of January aforesaid. All such Schedules, purporting to be printed and published as aforesaid, shall be received and held in all such suits, as prima facie the schedules of said Commissioners, without further proof titan the production Of the paper in which they were published, together with the certificate of the publisher of said paper that the schedule therein contained is a true copy of the schedule furnished for publication by said, Commissioners, and that it lias been published the above specified time ; and any sueh paper, purporting to have been published at said city, and to be a public newspaper, shall lie presumed to have been so published at the date thereof, and to be a public newspaper, .... ... - Sec. -!). Iu all catws under the provisions t>f this act, the rules of evidence shall be the same as in oilier civil actions, except as hereinbefore otherwise provided. All fines recovered under the provisions of this act shall be paid into the County Treasury of the county in which the suit is tried, by the person collecting the same, in the manner now provided by law. to be used for eouuty purposes. Tlie 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 precedence over all other - bwsiness l^exeept l eriminalbusiness. Sec. 10. Tire term “railroad corporation,’’..contained iu this act,.shall lie 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 npon any of the lines of railways in this State '(street railways exccptedy, the same as to railroad corporations hereinbefore mentioned. Sec. IT. .Ah. act entitled “An act to prevent unjust discriminations and extortions in the rates to be charged by tlie different railroads in this-State for the transportation of freights on said roads,” approved April 7, A. D. 1871, is hereby repealed, but such repeal shall not affect, nor repeal any penalty incurred, or right accrued, under said act prior to tlie time, this act takes effect, nor any proceedings or prosecutions to enforce such rights or penalties.