2. The Amendment of 1884. (Chapter 133, Acts of the Twentieth General Assembly; SECTION 1. The [Circuit and] District Courts of this State shall have jurisdiction to enforce, by proper decrees, injunctions and orders, the rulings, orders and regulations affecting public right, made or to be made by the Board of Railroad Commissioners, such as are now, or may hereafter be, authorized to be made by them for the future direction and observance of railroads in this State. The proceedings therefor shall be by equitable action in the name of the State of Iowa, and shall be instituted by the Attorney-General, whenever advised by the Board of Railroad Commissioners that any railway corporation, or person operating a line of road in this State, is violating and refusing to comply with any rule, order or regulation made by such Board of Railroad Commissioners, and applicable to such railroad or person. It shall be the duty of the court in which any such cause shall be pending to require the issues to be made up at the first term of the court to which such cause is brought, which shall be the trial term, and to give the same precedence over other civil business. If the court shall find that such rule, regulation or order is reasonable and just, and that in refusing compliance therewith said railway company is failing and omitting the performance of any public duty or obligation, the court shall decree a mandatory and perpetual injunction compelling obedience to and compliance with such rule, order or regulation by said railroad company, or other person, its officers, agents, servants and employees, and may grant such other relief as may be deemed just and proper. All violations of such decree shall render the company, persons, officers, agents, servants and employees who are in any manner instrumental in such violations, guilty of contempt of court, and the court may punish such contempt by fine not exceeding one thousand dollars for each offence, and may imprison the person guilty of contempt until he shall sufficiently purge himself therefrom. And such decree shall continue and remain in effect, and be enforced until the rule, order or regulation shall be modified or vacated by the Board of Railroad Commissioners. SEC. 2. Whenever a decree shall be entered against a railroad company or person under section one, the court shall render judgment for costs, including a reasonable attorney's fee for counsel representing the State in said case, and said judgment shall be enforced by execution. 3. The Law of 1888. Commission with Power. (Chapter 28, Acts of the Twenty-second General Assembly; AN ACT to regulate Railroad Corporations and other Common Carriers in this State and to increase the Powers and further define the Duties of the Board of Railroad Commissioners in relation to the same, and to prevent and punish Extortion and Unjust Discrimination in the Rates charged for the Transportation of Passengers and Freights on Railroads in this State, and to prescribe a Mode of Procedure and Rules of Evidence in relation thereto, and to repeal Section 11 of Chapter 77 of the Acts of the Seventeenth General Assembly in relation to the Board of Railroad Commissioners and all Laws in force in direct conflict with the Provisions of this Act. SECTION. 1. To what Applicable. - The provisions of this Act shall apply to the transportation of passengers and property, and to receiving, delivering, storage and handling of property wholly within this State, and shall apply to all railroad corporations and railway companies, express companies, car companies, sleepingcar companies, freight or freight-line companies, and to any common carrier or carriers engaged in this State in the transportation of passengers or property by railroad therein, and shall also be held to apply to shipments of property made from any point within the State to any point within the State, whether the transportation of the same shall be wholly within this State or partly within this and an adjoining State or States. The term "railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad and also all the road in use by any corporation, receiver, trustee or other person operating a railroad, whether owned or operated under contract, agreement, lease or otherwise, and the term "transportation" shall include all instrumentalities of shipment or carriage, and 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 railway in this State (street railways excepted) the same as to railroad corporations herein mentioned. SEC. 2. Charges to be Reasonable. All charges made for any service rendered or to be rendered in the transportation of passengers or property in this State, as aforesaid or in connection therewith or for the receiving, delivering, storage or handling of such property shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. - SEC. 3. Unjust Discrimination. · If any common carrier subject to the provisions of this Act shall directly or indirectly, by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person or persons a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property subject to the provisions of this Act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic, such common carrier shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful; this section, however, is not to be construed as prohibiting a less rate per one hundred pounds in a car-load lot than is charged, collected or received for the same kind of freight in less than a car-load lot. SEC. 4. No Preference or Advantage; Interchange. It shall be unlawful for any common carrier, subject to the provisions of this Act, to make or give any preference or advantage to any particular person, company, firm, corporation or locality or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation or locality or any particular description of traffic to any prejudice or disadvantage in any respect whatsoever; provided, however, that nothing herein shall be construed to prevent any common carrier from giving preference as to time of shipment of livestock, uncured meats, or other perishable property. All common carriers subject to the provisions of this Act, shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding and switching of cars, and the receiving, forwarding and delivering of passengers and property to and from their several lines, and to and from other lines and places connected therewith; and shall not discriminate in their accommodations, rates and charges between such connecting lines. And any common carrier may be required to switch and transfer cars for another for the purpose of being loaded or unloaded, upon such terms and conditions as may be prescribed by the Board of Railroad Commissioners. SEC. 5. Long and Short Haul. It shall be unlawful for any common carrier, subject to the provisions of this Act, to charge or receive any greater compensation in the aggregate for the transportation of passengers or of a like kind of property for a shorter than for a longer distance over its railroad, all or any portion of the shorter haul being included within the longer. And said common carrier shall charge no more for transporting freight to or from any point on its railroad than a fair and just rate as compared with the price it charges for the same kind of freight transportation to or from any other point. SEC. 6. Freight Pooling.-It shall be unlawful for any common carrier, subject to the provisions of this Act, to enter into any contract, agreement or combination with any other common carrier or carriers for the pooling of freight of different and competing railroads, or divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offence. SEC. 7. Schedules of Rates and Fares. Every common car rier, subject to the provisions of this Act, shall print and keep for public inspection, schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established, and which are in force at the time upon its railroad as defined by the first section of this Act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroads between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately any terminal charges and any rules or regulations which in any wise change, affect or determine any part of the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type of at least the size of ordinary pica, and a copy for the use of the public shall be kept in every freight office and passenger station, on such railroad, where it can be conveniently inspected, and such common carrier shall keep a printed notice posted in every such freight office and passenger station indicating where therein such schedules can be found. No advance shall be made in the rates, fares and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedules then in force and the time when the increased rates, fares or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept for public inspection. Reduction in such published rates, fares or charges may be made without previous public notice, but whenever any such reduction is made, notice of the same shall immediately be publicly posted, and the changes made shall immediately be made public by printing new schedules, or shall immediately be plainly indicated upon the schedules at the time in force and kept for public inspection. And when any such common carrier shall have established and published its rates, fares and charges, in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect or receive from any person or persons a greater |