Extortion and unjust discrimination.

of toll, or compensation, for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its said road, or upon any of the branches thereof, or upon any railroads connected therewith, which it has the right, license or permission to operate, 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. [See.Const., Art. 11, § 15, C., B. & Q. R. R. Co. vs. the People, 77 Ill., 443; C. & A. R R Co vs. C. V. & W. Coal Co., 79 Ill., 121 ;C., B. & Q. R. R. Co. vs. Cutts, et al., 9 Legal News, 200; Windna and St. Peter R. R. Co. vs. Blake et al., 9 Legal News, 212; McDuffee vs. Portland & Rochester R. R. Co., 6 Legal News, 10; C. & N. W. Ry. Co. vs. Fuller, 6 Legal News, 133.

126. § 3. If any such railroad corporation shall charge, Evidence. collect or receive, for the transportation of any passenger, or freight of any description, upon its railroad, for any distance, within this State, the same or a greater amount of toll or compensation than is at the same time charged, collected or received for the transportation, in the same direction, of any passenger or like quantity of freight of the same class, over a greater distance of the same railroad, or if it shall charge, collect or receive, at any point upon its railroad, a higher rate of toll or compensation for receiving, handling or delivering freight of the same class and 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 as toll or compensation than shall, at the same time be charged, collected or received by it for the 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 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

Penalties.

Extortion and unjust discrimination.

it shall charge, collect or receive from any person or persons for the use and transportation of any railroad car cr cars upon its railroad, for any distance, the same or a great r amount of toll or compensation than it 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 railroad, a higher or greater rate of toil or compensation, than it shalf, 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 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 such discriminations 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 [*818] other railroad or means of transportation. This section shall not be construed so as to exclude other evidence tending to show 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 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 issued by such corporations.

127. 4. Any such railroad corporation guilty of cxtortion, or of making any unjust discriminations as to passenger or freight rates, or the rates for the use and transportation of railroad cars, or in receiving, handling and delivering freights, shall, upon conviction thereof. be fined in any sum not less than one thousand dollars ($1,000) 110r 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

Extortion and unjust discrimination. ($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): Provided, that in all cases under this Act, either party shall have the right of a trial by jury. [See "Quo Warranto," ch. 112, § 1, 6.

to recover

fines.

128. § 5. The fines hereinbefore provided for may be Proceedings recovered in an action of debt, in the name of the People of the State of Illinois, and there may be several counts joined in the same declaration as to extortion and unjust discrimination, and as to passenger and freight rates, and rates for the use and transportation of railroad cars, and for receiving, handling or delivering freight. 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 fine 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 render judgment accordingly; and if the jury shall find for the People, and that the defendant had once before been convicted of a violation of the provisions of this Act, they shall return such finding with their verdict, and shall assess and return with their verdict the amount of the fine to bel 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 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 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.

129. § 6. If any such railroad corporation shall in vio-Damages. lation 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

Railroad &

Commission.

Extortion and unjust discrimination.

against may, for each offense, recover of such railroad corporation, in any form of action, three times the amount of damages sustained by the party aggrieved, together with the cost of the 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 cost of the case.

Duties of 130. § 7. It shall [*819] be the duty of the Railroad Warehouse and Warehouse 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 lines 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 commissioners to immediately cause suits to be commenced and prosecuted against any railroad corporation which may 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 corporation sued for violating this Act may extend. And such Railroad and Warehouse Commissioners are hereby authorized, when the facts in 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 suit commenced by said commissioners shali be dismissed, except said Railroad and Warehouse Commissioners and the Attorney General shall consent thereto.

Schedules.

131. § 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 charge for the transportation of passengers and freights and cars of each of said railroads; and said schedule shall in ali suits brought against 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, as often as circumstances may require, change and revise said schedules. When any schedule shall have been made or revised, as aforesaid, it shall be the duty of said commissioners to have the same printed by the State printer under the contract governing the State printing, and

Extortion and unjust discrimination.

said commissioners shall furnish two copies of such printed schedule to the president, general superintendent or receiver of each railroad company or corporation doing business in this State. All such schedules heretofore or hereafter made shall be received and held in all such suits as prima facie the schedules of said commissioners, without further proof than the production of the schedules desired to be used as evidence, with a certificate of the Railroad and Warehouse Commissioners, that the same is a true copy of a schedule prepared by them for the railroad company or corporation therein named. [As amended by Act approved June 30, 1885. In force July 1, 1885. L. 1885; Legal News Ed., P. 178.

All

Practices.

132. § 10. In all cases under the provisions of this Act, Evidence the rules of evidence shall be the same as in other civil Finesactions, except as hereinbefore otherwise provided. 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 conducting 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 precedence over all other business, except criminal business.

Corporation" defined.

133. § II. The term "railroad corporation" contained "Railroad 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 [*820] 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 corporation hereinbefore mentioned.

§ 12, repealed, omitted. See "Statutes," ch. 131, § 5.

WAREHOUSES.

AN ACT to regulate public warehouses, and the warehousing and inspection of grain and to give effect to article thirteen of the Constitution of this State. April 29, 1871; in force July 1, 1871. L. 1871-2, p. 763.

[Approved

134. § 1. Be it enacted by the People of the State of Classification. Illinois, represented in the General Assembly: That public warehouses as defined in article 13 of the constitution of this State, shall be divided into three classes to be designated as classes A, B and C, respectively.