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not exceed two dollars and twenty-five cents per car-load for such fractional part.
Class I, not exceeding twelve dollars per car-load for the first twenty-five miles, and not exceeding thirty-two cents per car-load per mile for the second twenty-five miles, for the distance actually carried, and not exceeding five dollars per car-load for each additional twenty-five miles, or fractional part thereof, unless the fraction shall be less than thirteen miles, in which case the rate shall not exceed two dollars and fifty cents per car-load for such fractional part.
Class J, not exceeding eight dollars per car-load for the first twenty-five miles, and not exceeding twenty-four cents per car-load per mile for the distance actually carried for the second twenty-five miles, and not exceeding three and one-half dollars per car-load for the third twenty-five miles, or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed two dollars for such fractional part; and for each additional twenty-five miles not to exceed two and one-half dollars per carload for such twenty-five miles or fractional part thereof, unless the fraction be less than thirteen miles, in which case the rate shall not exceed one dollar and twenty five cents per car-load for such fractional part.
SECTION 2. Section 5, of said chapter 273, of the laws of 1874, is hereby amended by adding thereto the following, viz: And when freights shall so pass from one railroad to another, the amount received for such transportation shall be divided between the companies rendering such service, in such proportion as the officers thereof may agree upon. In case the officers of such corporation shall not agree as to such division, then each of said corporations shall choose an impartial person familiar with railroad management, and the persons thus chosen shall choose one or more to join them in order to make an odd number, and the written award of the persons thus selected shall be conclusive and binding upon all parties. In case either of said railroad companies or corporations shall neglect or refuse to select such referee, then upon application of the other party or parties, any court of record in this State may appoint such referee.
SECTION 3. Section 6, of said chapter 273, is hereby amended by striking out of the ninth line in said section the words, "agent of any," and by inserting in the eleventh line of said section after the word "state", the following: "and every officer, agent, or employee thereof, who shall unreasonably refuse to furnish to any person cars to be loaded with freight for transportation over their respective roads, or shall discriminate against any person in furnishing such cars," so that said section shall read as follows: Section 6. In no instance shall any such individual, company, or corporation, lessee or other person charge or receive any greater rate of compensation for carrying freight or passengers than is 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 render
ed wherein such violation is attempted, and every such corporation, lessee, or other individual operating any railroad within this State, and every officer, agent, and employee thereof who shall unreasonably refuse to furnish to any person cars to be loaded with freight for transportation over their respective roads, or shall discriminate against any person in furnishing such cars, or 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 article 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 not exceeding two hundred doliars 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 4. Chapter 273, of the act aforesaid, is hereby amended by adding to said chapter the following, to be known as Section 19. Every company, corporation, lessee, or individual owning, operating, managing, or leasing any railroad or part of railroad in this state, shall receive and forward, in the usual manner, all articles and freights delivered to them or either of them for transportation over their respective roads. And in all cases when such articles or freights will pass over any other railroad or part of railroad to reach the point of destination, the company, corporation, or individual receiving the same shall deliver the same to such other road. If in car-loads, then such delivery shall be in the same cars without unloading; and if in quanties less than a car-load, then such delivery shall be in the usual course of business, as the same has been practiced by said roads respectively, previous to the year 1874. And all railroad companies and other persons operating any railroad or railroads within this state shall provide and maintain at all places where their respective roads are intersected by another railroad, connecting tracks by which cars may be transferred from one road to the other, except when the crossing roads shall be of different gauge, and in all cases such companies or persons shall provide and maintain at or near the place of crossing, convenience for the transfer of freights from one road to the other; and all such companies and persons operating any railroad shall receive for shipment and forward as directed, with all convenient dispatch, all transportable articles of freight which are commonly transported by rail, offered to them for shipment, and deliver the same to consignee or the next connecting carrier as the case may be; and for the purpose of faciliating the transportation of freights, every railroad company or other person operating any railroad within this state, are hereby required to receive at junctions and places of crossing other roads of the same gauge loaded or empty cars, and forward them without delay to their destination. Advanced pay
ment of freights shall not be required as a condition precedent to carriage, except in case of perishable articles and freights of little value. Any individual, lessee, company or corporation, violating, or in any manner evading the provisions, or either of the provisions of this section, shall forfeit all right to recover or receive any compensation for the service rendered; wherein such violation is attempted or accomplished, and every agent, clerk, or employee of any such corporation, company, lessee, or other individual, operating any such railroad or part of railroad, who shall refuse or neglect, when requested, to receive for transportation over the road for which he may be acting or to forward in the usual manner, any of the articles of freight mentioned in this chapter, on account of the charges or rates not being paid in advance, or on account of the same having to pass from one railroad to another, shall be deemed guilty of a misdemeanor, and on conviction thereof shall pay a fine not exceeding two hundred dollars for each and every offense, and the injured party shall have a right of action against such agent, clerk or employee, or against the said company, corporation, or individual owning, operating, or managing said road, or both, in which action the said injured party shall be entitled to recover treble the amount of all damages which he shall sustain by reason of any such neglect, refusal, or evasion.
SECTION 5. Said chapter 273 is further amended by adding thereto the following to be known as section 20. Wheresoever two or more railroads approach, connect with, or cross each other at a point, or points of general travel in this state, it shall be the duty of the companies or individuals operating such roads to make close runnin g connections at such points [so] as to accommodate the travel ing public, and in case they fail to do so the said railroad commissioners shall examine into the matter, and if they shall think proper, give notice to such companies to present to said commissioners the reasons for not making such running connections, and if no good and sufficient reasons satisfactory to said commissioners shall be given for failing to make such connections, it shall be the duty of such commissioners, or a majority of them, to order such connections to be made as in their judgment shall be just and such as shall accommodate the traveling public; and shall cause a copy of such order to be served on each of said companies, and if the said companies or individuals operating said roads or either of them, shall neglect or refuse to comply with such order for more than one week after the service thereof, the company or individual so neglecting or refusing to comply with said order shall be deemed guilty of a misdemeanor and on conviction thereof, before any court of competent jurisdiction, shall be subject to a fine of one hundred dollars for each and every day they shall so neglect or refuse.
SECTION 6. Section nineteen, of chapter two hundred and seventy-three, aforesaid, shall hereafter be known and designated as section twenty-one of this chapter.
SECTION 7. This act shall take effect and be in force from and after its passage and publication: provided, that no offense commit
ted, and no penalty, forfeiture, or damages received [incurred] or sustained, and no action or right of action which has already accrued, shall be affected by the provisions or this act; and no prosecution for any offense, or the recovery of any penalty, forfeiture, or damages, or the enforcement of any right now pending, shall be affected by the provisions of this act; but the same shall proceed to trial, hearing, and final judgment in the same manner and to the same purpose and effect as though the statute upon which the same is or shall be founded was contained [continued] in full force, virtue, and effect to the time of such trial, hearing, and final judgment.
Approved March 5, 1875.
RESOLUTIONS AND MEMORIALS OF 1875 CONCERNING
MEMORIAL to Congress that the line of the Land Grant road between Portage
The Memorial of the Legislature of the State of Wisconsin respect-
That by an act of congress entitled, "An act granting lands to aid in the construction of certain railroads in the State of Wisconsin," approved May 5, 1864, certain lands were granted to the State of Wisconsin for the purpose of aiding in the construction of a railroad from Portage City, Berlin, Doty's Island or Fond du Lac, as said State might determine, in a northwestern direction to Bayfield, and thence to Superior, on Lake Superior; that the Legislature of the State of Wisconsin, to provide for the execution of the trust imposed upon the State by the said act of Congress in respect to the lands thereby granted, fixed upon the city of Portage as the point of commencement, and provided that the road should be built via. Ripon, in the county of Fond du Lac, and Berlin in the county of Green Lake. That the Congress of the United States by its joint resolution, approved 1866, consenting to the change of route of said railroad, and provided that it should be built on the line specified in the act of the Legislature. That the line so provided for is more than thirty miles out of a direct line between the points named; that the Wisconsin Central Railroad Company, upon which company the grant was conferred, has constructed about one hundred and forty miles of said road, between Stevens Point and Ashland; that it finds itself embarrassed to procure means for building the circuitous route via Ripon, etc., and is desirous of straighttening the line, and building the road in the manner authorized by
the original act of Congress. And your memorialist would further represent, that the interests of the people of Wisconsin and of the railroad company would both be promoted in a great degree by authorizing the railroad company to build its road on the direct route between said city of Portage and Lake Superior, thereby saving more than thirty miles in the distance, and greatly decreasing the cost of transportation of the products of the mine and forest to a market south, and of the products of the farmers to a northern market.
Your memorialists, therefore, respectfully pray that the Congress of the United States, by resolution, or the proper act, to be speedily passed, may give its assent to changing the line of said road between the city of Portage and Lake Superior, so that it may be built on a shorter and more feasible route, and in the manner authorized by the original act of Congress, and upon such terms and under such restrictions as are imposed, or may be imposed by the Legislature, not inconsistent with the act of Congress in making the grant for such road.
Approved February 12, 1875.
JOINT RESOLUTION asking Congress to straighten line of land grant road between Portage City and Stevens Point.
WHEREAS, The people of the State of Wisconsin, represented in Senate and Assembly, have passed an act to change the line of the land grant road between Portage City and Lake Superior, provided for by the act of Congress, approved June 3, 1865, and the laws of the State of Wisconsin, accepting the grant, and agreeing to execute the trust, so as to allow the said road to be built between the city of Portage and Stevens Point on the most direct feasible route; therefore,
Resolved by the Senate, the Assembly concurring, That our Senatoys and Representatives in Congress are hereby requested to secure the passage by Congress, at the earliest practicable moment, of a joint resolution or law giving its assent to said change of route.
Approved February 12, 1875.
JOINT RESOLUTION requesting an extension of time for the construction of the railroad from Lake St. Croix to Superior and Bayfield.
WHEREAS, Congress, by an act approved June 3, 1856, made to the State of Wisconsin a grant of lands to aid in the construction of a railroad from Madison or Colmmbus by way of Portage City, to