suance of which act the above classification of roads, classification of freights, and rates of fare and freights are established, provides as follows: SECTION 6. In no instance shall any such individual, company or corporation, lessee or other person charge or receive any greater rate or compensation for carrying freight or passengers than herein before provided, and any individual, company or corporation violating, or in any way evading the provisions of this act, shall forfeit all right to recover or receive any compensation whatever for the service rendered, wherein such violation is attempted, and every agent of any such corporation, lessee, or other individual operating any railroad within this state who shall refuse to receive for transportation over the road for which he is agent, in the usual way, any of the articles herein before mentioned on account of the compensation herein before prescribed being too low, or, receiving any such articles of freight, shall charge or attempt to charge for the transportation of the same, any greater sum than herein fixed, or shall in any manner violate or attempt to violate or evade the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine of not exceeding two hundred dollars for each and every offense, and the injured party shall have a right of action against said agent, or against the railroad company or other persons operating the railroad, or both, in which he shall be entitled to recover three times the amount taken or received from him in excess of the rates prescribed by this act. SECTION 7. Justices of the peace shall have concurrent jurisdiction with the circuit court in all prosecutions for violation of this act, with full power and authority to impose fines, and to the same extent as the circuit court; and the defendant shall have the right of appeal as in other cases tried be. fore justices of the peace, and justices of the peace shall also have jurisdiction in all civil cases under this act whenever the amount claimed does not exceed two hundred dollars. NOT APPLICABLE TO THROUGH FREIGHTS. Nothing contained in this notice is intended in any manner to abridge or control the rates for freight charged by any railroad or company in this state, "for carrying freight which comes from beyond the boundaries of the state, and to be carried across or through the state." DEAR SIR:-Please furnish the Railroad Commissioners of the state of Wisconsin answers to the following questions: 1. Into what classes is freight now divided by your company? 2. Under your present classification what articles are assigned to each class? 3. What were the rates for carrying freight on your line or lines on the first day of June, 1873? 4. What are the present rates for carrying freight on your line or lines with in the state of Wisconsin? You will oblige us by furnishing the answers requested as early as practicable, sending us all printed sheets bearing upon the subjects referred to in the questions, together with any written statements necessary to render the information asked for by us full and complete. GEN. FT. AGENT O. E. BRITT, IN ANSWER TO CIRCULAR No. 4. OFFICE CHICAGO, MILWAUKEE AND ST. PAUL R. R., H. A. TENNEY, Esq., Clerk Board R. R. Com'rs, Madison: I see it announced that the Mineral Point road has notified the Commissioners of a willingness to comply with the law. It has doubtless occurred to the Commissioners that a road of the length of the M. P., if they could get the rates of the law, would probably make more money than they have been making. I see the Commissioners are about to prepare a classification. I hope they may be successful. I have been nine years trying to perfect one, so as to harmonize with other roads. Truly yours, O. E. BRITT, G. F. A. THE COMMISSIONERS TO MR. BRITT. OFFICE OF THE RAILROAD COMMISSIONERS, O. E. BRITT, Esq., Gen. Freight Agent Mil. & St. Paul R. R. Co.: We thank you for your suggestions, and shall warmly appreciate any further suggestions or information which you may feel inclined to offer us at any time. It is not improbable that we shall desire your opinion, in due time, at length, as to the comparative operation of the present law on long lines of road. You say you have been nine years trying to perfect a classification that would harmonize with other roads. Probably you are already aware that the commissioners appreciate your labors in this direction, from the fact that they have adopted, for the present, the results of your experience. The difficulties you have encountered in this particular, very naturally sug. · gest the question whether disrepancies of this class could not be more effi ciently harmonized by means of some general regulations, imposed under the authority of the state, than by individual effort in behalf of railroads. At the proper time we shall probably submit to you some questions of a formal character upon these and other points, and simply refer to the matter now individually, so that your opportunity for a full consideration of the whole subject may not be limited as to time. Very respectfully, J. H. OSBORN, Attest: H. A. TENNEY, Clerk. GEN. FT. AGT., F. O. WYATT, IN ANSWER TO CIRCURAR NO. 4. WISCONSIN VALLEY RALROAD, TOMAH, Wis., May 12, 1874. To the Honorable Board of Railway Commissioners of the State of Wisconsin: Herewith I send you local passenger and freight tariffs in use on the Wisconsin Valley Railway. Classification of articles you will find on freight tariff. The road has been running to the crossing of the Wisconsin Central Railway, 14 miles above Centralia, since December 20, 1873, on same freight tariff as charged to Centralia, excepting on lumber, which has been one dollar per car higher, or $15.00 per car of 10 tons. Central crossing to Tomah, distance 60 miles, lumber, lath and shingles have been carried at same price per car load. The road is being extended, and will be running to Knowlton, 70 miles from Tomah, about June 1, 1874, when new tariffs will be isued, and your body will be furnished with copies thereof. Our passenger tariff from 16th of June, 1873, to 28th of April, 1874, was 5 cents per mile. You will observe at the latter date we changed to comply with the law. THE COMMISSIONERS TO MR. WYATT. MADISON, May, 13, 1874. F. O. WYATT, Supt. Wis. Valley R. R., Tomah, Wis.: DEAR SIR: We acknowledge, with pleasure, your letter of May 12th, together with copies of "freight and tariff No. 1," and of your passenger tariff to take effect April 28, 1874, from which it appears that your company not only intend to comply, but are complying with the law as to both freight and passenger tariffs. The spirit, as well as the language of your communication, warrant the assumption that the new freight tariffs to be issued June 1, 1874, will also conform to that provision of the law which says: no individual, company or corporation, operating, managing or leasing any railroad mentioned in class "C," (to which the Wisconsin Valley Road belongs), in the first section of this act, shall receive a greater or higher rate for carrying freight than was received by said individual, company or corporation, for carrying such freight on the 1st day of June, 1873." [See sec. 5, ch. 273, Laws of 1874.] Thanking you for your prompt response to our inquiries, we have the honor to be, Very respectfully, By H. A. TENNEY, Clerk of the Board. J. H. OSBORN. JOHN W. HOYT, SUPT. L. A. EMERSON IN REPLY TO CIRCULAR No. 4. FOND DU LAC, Wis., May 12, 1874. Messrs. OSBORN, PAUL and HOYT, Railroad Commissioners, Madison, Wis. GENTS:-Agreeably to your request of the 8th inst., I send you herewith our latest freight tariff and classification which have been in effect since 1872. We are revising our classification and will make some slight changes in freight tariff. Any suggestions you may offer will be gratefully received and duly appreciated. I remain, yours very truly, L. A. EMERSON, Acting Superintendent. THE COMMISSIONERS TO SUPERINTENDENT G. W. COBB. OFFICE OF THE RAILROAD COMMISSIONERS, MADISON, May 15, 1874. G. W. COBB, Esq., Seperintendent Mineral Point Railroad: DEAR SIR:-We acknowledge with much pleasure your letters of May 9th and 12th, enclosing instructions to agents, and accompanied by pamphlets and published sheets, showing passenger tariff to take effect May 15, 1873, and and freight tariffs taking effect September 10, 1868, June 6, 1870, July 1st, 1873, and May 1st, 1874. Also tendering the commissioners and clerk of the board passes on your line, which we deem proper respectfully to decline. The commendable promptitude with which you have acted, coupled with the cheerfulness of your compliance with the spirit, and as we believe with the letter of the law, affords the commission encouragement to hope that a majority of the railway companies of the state will in like manner comply with the provisions of chapter 273. Touching the particular matters of your local freight tariff, we ask your attention to section 6 of said chapter, which provides that no corporation, etc., doing, etc., any railroad business in Class "C" (to which your road belongs) shall receive a greater or higher rate for carrying freight than was received by said company for carrying such freight on the first day of June, 1873. It so happens that none of the tariff sheets forwarded are of that date. When you have made sure that the tariff rates shown in MS., herewith returned, is not in excess of those charged June 1, 1873, you may know that you have complied with the law in respect to freight. Respectfully yours, JOSEPH H. OSBORN, GEO. H. PAUL, JOHN W. HOYT, Railroad Commissioners. By H. A. TENNEY, Clerk. SUP'T. W. G. SWAN, IN ANSWER TO CIRCULAR NO. 4. HUDSON, Wis., 16th May, 1874. JOSEPH H. OSBORN, GEO. H. PAUL, JNO. W. HOYT, Railroad Commissioners, Madison, Wis: GENTLEMEN: I have before me your communication of the 8th instant, wherein you propound to me certain interrogatories respecting the rates charged for transportation of freight over this company's road at present, and those charged on the first day of June, 1873; also, as to the classification of freight as now arranged. |