charge to be

long haul.

SEC. 5. That it shall be unlawful for any common carrier, No greater subject to the provisions of this act, to charge or receive any made for a greater compensation in the aggregate for the transportation of short, than a 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 No discriminashorter haul being included within the longer. And said com- tion against mon carrier shall charge no more for transporting freight to or shipping points. 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. That it shall be unlawful for any common carrier Freight pooling forbidden. 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 offense.

publicly ex

SEC. 7. That every common carrier subject to the provisions Schedules of of this act, shall print and keep for public inspection, schedules rates and fare kept for inshowing the rates and fares and charges for the transportation of spection. 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 schedules to plainly printed in large type of at least the size of ordinary pica, be printed and and a copy for the use of the public shall be kept in every posed. 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 Notice to be charges which have been established and published as aforesaid given of adby any common carrier in compliance with the requirements of vance in 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 Reduction in public inspection. Reduction in such published rates fares or schedules how 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 immedi

schedule.

made.

Charges not to deviate from

ùle.

ately be made public by printing new schedules, or shall immediately be plainly idicated upon the schedules at the time in force and kept for public inspection. And when any such com. mon carrier shall have established and published its rates, fares printed sched- 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 or less compensation for the transportation of passengers or property, or for any services in connection therewith than is specified in such published schedule of rates, fares and charges as may at the time be in force. Every common carrier subject to the provisons of this act shall file with the Board of Railroad Commis Copy of sched- sioners of this State, copies of its schedules of rates, fares and ule to be filed charges which have been established and published in compli

with R. R.

Commission

ers.

Copy of con

tracts to be

Commission

ers.

R. R. Com. may make public such Joint rates.

ance with the requirements of this section, and shall promptly notify said Commissioners of all changes made in the same. Every such common carrier shall also file with said Commissioners, copies of all contracts, agreements or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes in this State operated by more than one common carfiled with R. R. rier and the several common carriers operating such lines or routes, have established joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said Commissioners. Such joint rates, fares and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers, when directed by said Commissioners in so far as may in the judgment of the Commissioners be deemed practicable; and said Commissioners shall from time to time prescribe the measures of publicity which shall be given to such rates fares and charges, or to such part of them as they may deem it practicable for such common carriers to publish and the places in which they shall be published; but no common carrier, party to any such joint tariff shall be liable for the failure of any other common carrier party thereto, to observe and adhere to the rates, fares or charges thus made and published. If any such common carrier shall neglect or refuse to file or publish its schedules or tariffs of rates, fares and charges as provided in this section or any part of the same, such common carriers shall in addition to other penalties herein prescribed be subject to a writ of mandamus to be issued by any district court of this State in the judicial district wherein the principal office of said common carrier is situated, or wherein such offense may be committed. And if such common carrier be a foreign corporation, then such writ may be issued by any district court, in the judicial district where such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions of this section and such writ shall issue in the name of the State of Iowa at the relation or upon the pe

Refusal to

publish schedules.

Foreign corporations re

fusal to pub lish schedule.

tition of the said board of railroad commissioners of this State; and failure to comply with its requirements shall be punishable as and for a contempt; and shall make said corporation liable to a penalty of five hundred dollars ($500.00) for each day's failure to comply and when any such writ of mandamus, shall be so applied for by said commissioners, no bond shall be required of them by any court or judge, in which or before whom any such application may be made.

Combinations

nuous transit.

SEC. 8. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combina against contition, contract or agreement, expressed or implied, to prevent by change of time schedules, carriage in different cars or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination in this State; and no break of bulk, stoppage or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break stoppage or interruption was made in good faith for some necessary purpose and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this act.

omission.

SEC. 9. That in case any common carrier subject to the pro- Penalty for visions of this act shall do, cause to be done, or permit to be violation or done any act, matter or thing in this act prohibited, or declared to be unlawful, or shall omit to do any act, matter or thing, in this act required to be done, such common carrier shall be liable to the person or persons injured thereby, for three times the amount of damages sustained in consequence of any such violation of the provisions of this act together, with costs of suit and a reasonable counsel or attorneys fee to be fixed by the court in which the same is heard on appeal or otherwise, which shall be taxed and collected as part of the costs in the case; provided that in all cases demand in writing on said common carrier shall be made for the money damages sustained before suit is brought for recovery under this section and that no suit shall be brought until the expiration of fifteen days after such demand.

missioner's or

SEC. 10. That any person or persons claiming to be damaged Complaint to by any common carrier, subject to the provisions of this act, railroad commay either make complaint to the board of railroad commis- suit for sioners of this State or may bring suit in his or their own be- damages. half for the recovery of damages for which any such common carrier may be liable under the provisions of this act in any court of this State of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies at the same time.

witnesses and

In any such action brought for the recovery of damages, the Attendance of court before whom the same shall be pending may compel any evidence. director, officer, receiver, trustee or agent of the corporation or company, defendant in such suit to attend, appear and testify in

Violation by individual or agent, and penalty.

Railroad com

such case and may compel the production of the books and papers of such corporation or company party to any such suit; the claims that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such person or witness from testifying or producing said books and papers; but such evidence or testimony shall not be used against such person in any way, on the trial of any criminal proceedings.

SEC. 11. That except as otherwise specially provided for in sections twenty three to twenty-eight inclusive, of this act, and unless relieved from the consequences of a violation of the law as provided in section fifteen of this act, any common carrier, subject to the provisions of this act, or whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent or person acting for, or employed by such corporation, who, alone or with any other corporation, company, person or party shall willfully do, or cause to be done, or shall willingly suffer or permit to be done any act, matter or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter or thing in this act required to be done, or shall cause or willingly suffer, or permit any act, matter or thing so directed or required by this act to be done, not to be so done, or shall aid or abet any such omission, or failure, or shall be guilty of any infraction of this act, or shall aid or abet therein, shall be deemed guilty of a misdemeanor and shall upon conviction thereof in any district court of this State of competent jurisdiction be subject to a fine of not to exceed five thousand dollars ($5,000) and not less than five hundred dollars ($500) for each offense.

SEC. 12. That it shall be the duty of and the board of railmissioners may road commissioners of this State shall have authority to ininquire into the business of quire into the management of the business of all common car

all common

carriers.

riers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted and shall have the right to obtain from such common crrriers full and complete information necessary, to enable the said commissioners to perform the duties and carry out the object for which said Board was created and which are contemplated by this act; and for the purposes of this act the said Com. missioners shall have power to require the attendance and testimony of witnesses and the production of all books, papers, tariffs, schedules, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of this State in requiring the attendance and testimony of witnesses and the production of books papers and documents under the provisions of this section. And any Court of this State within the jurisdiction of which such inquiry is carried on, shall in case of contumacy, or refusal to obey a subpoena, or other proper process issued to any common carrier or person subject to the provisions of this act, or other

person, issue an order requiring such common carrier, or other person to appear before said Commissioners (and produce books and papers if so ordered) and give evidence touching or in relation to the matter in question; and any failure to obey such order of the court shall be punished by such court as a contempt thereof; the claim that any such testimony or evidence may tend to criminate the person giving such evidence, shall not excuse such person or witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

SEC. 13. That any person, firm, corporation or association, Complaint; or any mercantile, agricultural or manufacturing society, or any ing and makbody politic or municipal organization, complaining of anything ing. done or omitted to be done, by any common carrier subject to the provisions of this act, in contravention of the provisions thereof, may apply to said Commissioners by petition which shall briefly state the facts whereupon a statement of the com. plaint thus made with the damages if any are alleged shall be forwarded by the said Commissioners to such common carrier who shall be called upon to satisfy the complaint, or to answer the same in writing within a reasonable time to be specified by the Commissioners. If such common carrier within the time specified shall make reparation for the injury alleged to have been done or shall correct the wrong complained of, said carrier shall be relieved of liability to the complainant only for the par. ticular violation of law thus complained of. If such common carrier shall not satisfy the complaint, within the time specified, or there shall appear to be any reasonable ground for inves. tigating said complaint, it shall be the duty of the said Commissioners to investigate the matters complained of in such manner and by such means as said Commissioners shall deem proper and said Commissioners whenever they may have suffi. cient reason to believe that any common carrier is violating any of the provisions of this act shall at once institute an inquiry in the same manner, and to the same effect, as though complaint had been made. No complaint shall at any time be dismissed because of the absence of direct damage to the complainant or complainants or petitioners.

ings.

SEC. 14. That whenever an investigation shall be made by Investigations. said Commissioners after notice as provided by section 13, of this act, it shall be their duty to make a report in writing in re- Report of findspect thereto, which shall include the findings of fact upon which the conclusions of the Commissioners are based, together with its or their recommendation or orders as to what repara. tion, if any, should be made by the common carrier to any party, or parties, who may be found to have been injured; and such finding, so made shall thereafter in all judicial proceedings be deemed and taken as prima facie evidence as to each and every fact found. All reports of investigation made by said Commissioners shall be entered of record, and a copy thereof shall be furnished to the party who may have complained and