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When and to whom refunded.

earnings, according to the rule or regulation, or rate of toll or compensation complained of, the same as if such rule were in full force, in order that any time, said company may be able to make a statement showing how much it has received for freight and passenger charges in excess of the rule or regulation, or rate of toll or compensation, complained of, and from whom such excess was received or collected, and when the suit brought by any such bill shall be finally decided, either by the Circuit Court, when no appeal is taken, or by the Supreme Court, when an appeal is taken, and the decision shall sustain the rule or regulation or rate of toll or compensation, as fixed by said Commissioners, an order shall be made requiring the corporation filing the bill to deposit into the registry of the Circuit Court, all money received by it in violation, or in excess of the rule or regulaiion, or rate of toll or compensation, together with a list showing the names of the persons who paid said moneys, crediting each person with the amount paid by him. And any person entitled to any of said money may get the same upon ap

plying to the Clerk of said court therefor. Should any corpo. Penalty for re

ration refuse to obey any such order, or make a false statement in pretending to obey such order, such corporation so offending shall be deemed and held in contempt of court, and the Circuit Judge, or Supreme Court, shall inflict such pains and penalties and imprisonment upon the officials of said corporation, as shall be necessary to enforce obedience to such order.

SEC. 22. That no pending litigation or penalty or forfeiture heretofore incurred by any common carrier, subject to the provisions of this act, or to which (such) common carrier has be. come liable, shall in any way be affected by this act.

SEC. 23. That this act shall go into effect 30 days after its approval by the Governor.

SEC. 24. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Approved June 7th, 1889.

fusal.

CHAPTER 3863-[No. 17.]

AN ACT to Extend and Enlarge the Powers and Duties of the Railroad

Commissioners of the State of Florida, Appointed under Chapter 3746

of the Laws of Florida, Approved June 7, 1887.

Be it enacted by the Legislature of the State of Florida : Commission

SECTION 1. That whenever it shall appear to the Railroad

Commission of this State, appointed under Chapter 3746, of

to
Interstate Com. Laws of Florida, that any railroad company or com

chartered or otherwise, or any receiver or other person o
sons doing business as a common carrier or common ca

ers to become

merce Commis. sion in certain cases.

from any point in this State to any point outside the limits of this State or otherwise engaged either alone or in connection with others in the transportation of freight or passengers, which falls under the denomination of Interstate Commerce, from any point in the State of Florida to any point outside the limits of said State, is charging or receiving more than a fair and reasonable rate of compensation for the service rendered, or is guilty of any unreasonable or unjust charge for the transportation of freight or passengers, or of any other violation of the Interstate Commerce law, which comes under the jurisdiction of the Interstate Commerce Commission, affecting interests of the people of Florida, it shall be the duty of the said Railroad Commissioners of the State of Florida, to petition the Interstate Commerce Commissioners of the United States for the regulation and control of the offending railroad company or companies, or other person or persons doing business as common carriers, by the application of the provisions of the Interstate Commerce law of the United States entitled "An Act to Regulate Commerce," approved February 4, 1887, and the amendments thereto, and to take all necessary and expedient measures to secure to the people of Florida the full benefit of the Interstate Commerce law in the regulation and control of interstate commerce.

Approved June 4, 1889.

AN ACT TO REGULATE COMMERCE.

(AS AMENDED MARCH 2, 1889, AND FEBRUARY 10, 1891.)

Carriers and transportation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this act shall apply to any commou carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement for a continuous carriage or shipment, froni one State or Tcrritory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the subject to the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or bandling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.

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 road use by any corporation operating a railroad, whether owued or operated under a contract, What the terms

"railroad agreement or lease; and the term

» shall in

transportation clude all instrum: stalities of shipment or carriage

All charges mu:le for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connectiou therewith, or for the receiving, delivering, stor- reasonable. age, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service and declared to be unlawful.

SEC. 2. That 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 compensa

and “transporta ti n" include.

Charges to be

ination bidden.

Undue or

unreasonable preference or ad

bidden.

Facilities for

tion 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 Hajust discrim- other person or persons for doing for bim or them a like and

contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of anjust discrimination, which is hereby prohibited and declared to be unlawful.

Sec. 3. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular per

son, company, firm, corporation, or locality, or any particular vantage for

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 undue or unreasonable prejudice or disadvantage in any respect whatsoever.

Every common carrier 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, forward. interchange of ing and delivering of passengers and property to and from

their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.

SEC. 4. That 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 and of like kind of property, under substantially

similar circumstances and conditions, for a shorter than for å Long and short longer distance over the same line, in the same direction, the haul provision.

shorter being included in the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distane: Provided, however, That upon application to the Commission appointed under the provisions of this act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers and property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act.

SEC. 5. That it shall be unlawful for any common carrler subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or

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