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be lawful for the company to demand and collect from him, in addition to the fare, as fixed by the regular tariff of such company, the sum of ten cents (in all cases where such fare is less than one dollar, and at the rate of ten per cent. on all fares in excess of one dollar).
SEC. 16. It shall be the duty of the Commissioner to exam- Commisine into all complaints made in writing as to unjust discrim- examine ination between persons or places, and to endeavor, by plaints. amicable interposition, to bring about such changes in tariff or rules as shall, in his judgment, promote the public interest, and shall report all such cases, with the results of his investigation and interposition, to the Governor.
SEC. 17. The terms of transportation over railroads for Terms goods of like class and like quantities shall be uniform to all tation to persons, and any rebate, discount, or other favor, concession, or privilege granted to one person from a company shall be equally open to all others applying on like terms.
Sec. 18. The provisions of this Act shall be applicable Provisions to all railroads, the cars of which are propelled by steam applicable. (except street railroads) now or hereafter to be operated by corporations, trustees, companies, or individuals in this State.
SEC. 19. The said Commissioner of Transportation shall commiisqualify and enter upon the discharge of the duties of his to assume office within ten days after his appointment as hereinbefore out delay. provided. He shall, without unreasonable delay, demand and receive from the Commissioners of Transportation, appointed under an Act entitled an Act to provide for the appointment of Commissioners of Transportation, to fix the maximum charges for freights and fares, and to prevent extortion and discrimination on railroads in this State, approved April third, eighteen hundred and seventy-six, any and all books, records, documents, papers, tables, maps, plans, stationery, fuel, furniture, and property of all kinds belonging to the State in their office, or in their custody or under their control, and it is hereby made their duty to deliver them to him.
SEC. 20. The Commissioner of Transportation shall salary. receive a salary of four thousand dollars per annum, which, with that of the Secretary herein provided, shall be paid by the State of California in the same manner as the salaries of State officers are paid. The Commissioner and his Secretary
shall be transported free of charge over the various railroads within this State, in the discharge of their official duties.
CHAPTER II.—EXTORTIONS, DISCRIMINATIONS, FORFEITURES,
* SECTION 1. A railroad company shall be deemed guilty of extortion in the following cases:
First-When it shall willfully charge, demand, or receive from any passenger, as his fare from one station or place to another, any greater sum than is specified as the fare between such stations or places, for the same class of passage and in the same direction, in its tariff of fares on file with the Commissioner of Transportation.
Second-When it shall willfully charge, demand, or receive from any person or persons, as the rate of freight on goods or merchandise, any greater sum than is specified as the rates for the like quantity of goods or merchandise of the same class, between the same places, and in the same direction, in its printed tariff of freights on file with said Commissioner.
Third-When it shall willfully charge, collect, or receive from any person or persons a greater amount of rate of toll, or compensation, than it shall at the same time charge, collect, or receive from any other persons for receiving, handling, storing, or delivering freight of the same class and like quantity at the same place.
Fourth-When it shall willfully charge, demand, or receive from any person or persons any greater sum for passage or freight than from any other person or persons, between the same places, in the same direction, for the same class of passage, or for the like quantity of goods of the same class.
Fifth-When it shall willfully charge, demand, or receive as compensation for receiving, storing, handling, or delivering, or for transporting any lot of goods or merchandise any greater sum than it shall, by or through any of its authorized agents, wherever situated, have agreed to charge for such services previously to the performance thereof.
SEC. 2. A railroad company shall be deemed guilty of unjust discrimination in the following cases:
First- When it shall directly or indirectly willfully charge, demand, or receive from any person or persons any less sum
# Compare chapter seven, title thirteen, sections five hundred and eighteen to five hundred and twenty-five, of the Penal Code.
Unjust dis. crimination.
for passage or freight than from any other person or persons (except as in this Act herein provided), at the same time, between the same places, and the same direction, for the like class of passage, or for the like quantity of goods of the same class.
Second-When it shall directly or indirectly willfully charge, demand, or receive from any person or persons, as compensation for receiving, handling, storing, or delivering any lot of goods or merchandise, any less sum than it shall charge, collect, or receive from any other person for the like service, to a like quantity of goods of the same class, at the
a same place.
SEC. 3. It shall be unlawful for any such railroad com- Free passes pany to grant free passes for travel within this State, except to whom. to the following persons:
First-Directors, officers, agents, and employés of the company, and their families.
Second-Officers, and agents, and railroad contractors of other railroads, and telegraph, express, stage, and steamboat or steamship companies.
Fourth-The Commissioner of Transportation, and his Secretary and employés, when traveling in the discharge of their official duties.
Fifth-Public messengers, troops, and other persons who are, under existing laws, or any contract of such railroad company with this State, to be transported free of charge.
Every such railroad company shall keep a record of all free passes issued by it, except such as are issued by it to officers, agents, employés, and their families, and of the several classes thereof, and of the number of times each pass shall be used, and shall report the same to the Commissioner of Transportation whenever required.
SEC. 4. If any such railroad company shall be guilty of Penalties. extortion, as defined in section one of this chapter, it shall forfeit and pay to the person or persons aggrieved three times the amount of the damages sustained by him or them, together with the costs of suit, to be recovered in any Court of competent jurisdiction.
SEC. 5. If any such railroad company shall be guilty of unjust discrimination, as defined in section two of this chap
Penalties. ter, it shall forfeit and pay the sum of one thousand dollars
for each offense.
SEC. 6. If any such railroad company issues free passes to any person or persons, other than those specified in section three of this chapter, or if any such company or any of its conductors shall permit any person whatever to travel free upon its cars, except upon the exhibition of free passes issued as provided in said section, such company or conductor shall forfeit and pay, for each offense, the sum of one hundred dollars.
Sec. 7. If any such railroad company refuses or neglects to comply with the award of the Commissioner, provided in section five of chapter one of this Act, it shall forfeit the sum of one hundred dollars per day from the time designated by the Commissioner for the completion of the work required until such work shall be actually completed.
SEC. 8. If any such railroad corporation neglects or refuses to file its tariff of freights and fares, as provided in section six, or to make its annual report, as provided in section seven of chapter one of this Act, it shall forfeit not less than one hundred nor more than one thousand dollars per day for each and every day of such neglect or refusal.
SEC. 9. Any person aggrieved thereby, who may be unable to obtain satisfaction from the proper officers of any railroad in this State, may report to the Commissioner of Transportation any violations of the provisions of this Act by any railroad company doing business therein, or by any of its officers, agents, or employés, and it shall be the duty of the Commis
sioner to make a prompt investigation of such charges. Duty SEC. 10. Whenever it shall come to the knowledge of the Attorney. Commissioner that the provisions of this Act have been
violated by any railroad company, and the facts in his judgment warrant a prosecution therefor, he shall immediately give notice thereof to the District Attorney of the county in which such violation occurred, and it is hereby made the duty of such District Attorney to commence and prosecute, in a Court of competent jurisdiction, an action against any railroad company that shall have been guilty of such viola
SEC. 11. All fines, forfeitures, and penalties for violations recovered. of the provisions of this Act herein provided shall be recov
ered by action in the name of the people of the State of
California. Such action shall be brought and prosecuted upon complaint of the Commissioner, or the person aggrieved, by the District Attorney of the county in which such violation occurred; and all moneys paid or recovered on account of such fines, penalties, and forfeitures shall be paid into the State treasury for the benefit of the public school. It is Duty of hereby made the duty of the Attorney-General to counsel, General. advise, and assist the Commissioner of Transportation, whenever he shall be requested by him so to do, concerning any and all actions, proceedings, matters, things, powers, liabilities, and duties arising under the provisions of this Act. He may also institute and prosecute any action or proceeding which may be necessary the more effectually to carry out the provisions of this Act, and he may at any time take control of or assist in the prosecution of any action or proceeding commenced by any District Attorney, as herein provided, whenever in his judgment the public interest will be subserved thereby.
CHAPTER III. —POLICE REGULATIONS.
*SECTION 1. In forming a train on any railroad no freight, Misdemerchandise, or lumber cars shall be placed in the rear of passenger cars, and if they or any of them shall be so placed, the officer or agent who so directed, or who knowingly suffered such arrangement of cars, and the conductor of the train, shall be guilty of a misdemeanor and shall be punished accordingly.
Sec. 2. No company operating any railroad in this State Period shall, in carrying and transporting cattle, sheep, or swine, animals. in car load lots, confine the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water, and feeding, for a period of at least ten consecutive hours. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which they are received shall be computed. In case the owner or person in charge of such animals refuses or neglects to pay for the care and feed of animals so rested, the railroad company may charge the expense thereof to the owner or consignee, and retain a lien upon the animals therefor until the same is paid.
* Compare section two hundred and ninety-two of the Penal Code.