WHEREAS, The Congress of the United States, several years ago, designated the city of Chicago as a port of entry, and WHEREAS, A bill has already passed the House of Representatives, and is now pending in the United States Senate, making the cities of St. Louis and Cincinnati ports of entry, and providing for the transhipment of imported merchandise direct from the vessel to the cars or boats, on lines of interior transportation, under bond and transportation entry to the said cities of Chicago, St. Louis and Cincinnati; therefore Resolved by the Illinois Senate, the House concurring, That our Senators in Congress be instructed to use their best exertions to secure the passage of the said bill, or to accomplish the object therein sought. The Senate resumed the consideration of Senate bill, No. 495. Insert, after the enacting clause: "That all railroad corporations, organized and doing business in this State, under any act of incorporation or general law or laws of this State, now or hereafter in force, shall be respectively limited to a just and reasonable rate, fare, toll and compensation for the conveyance or transportation of passengers and freight, and no more. And all such rules, regulations or by-laws of any such railroad corporation as fix, prescribe or establish any greater rate, fare, toll or compensation than is herein before prescribed, are hereby declared to be utterly null and void. "82. The term 'railroad corporation,' contained in this act, shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad in this State. 66 "§ 3. Any railroad corporation which shall receive from any person or persons any greater rate of fare, toll or freight than is in and by this act provided, shall forfeit and pay to the person or persons from whom such illegal rate of fare, toll or freight has been received, five (5) times the amount of such illegal fare, toll or freight, to be recovered in any court of competent jurisdiction, together with the costs of court, and a reasonable attorney's fee, to be determined by the court. "4. This act shall take effect and be in force from and after its passage." Mr. Fuller moved to lay Mr. Munn's amendment on the table; which Mr. Fuller moved to strike out section 4, and insert an amendment in the place; which was carried. A message from the House of Representatives, by Mr. Bliss: Mr. Speaker: I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, to-wit: House bill, No. 351, for "An act in aid of the Chicago Charitable Eye and Ear Infirmary." In the passage of which I am instructed to ask the concurrence of the Senate. Mr. Woodson moved the following amendment to Mr. Fuller's amendment to Senate bill, No. 495: Amend section 1 by striking out the last clause. Amend section 8 by striking out all of said section after the word "transacted," in 4th line, and insert as follows: "A written or printed schedule of rates and tariffs, which said rates and tariff shall be uniform for each and every mile of such railroad, therein specifically setting forth the rate or tariff for transportation of persons, and for the transportation of all goods, live stock, grain, or other articles, from point to point, on such route or routes, including each and every point. And for a failure to comply with the provisions of this section, and to keep up such schedule at a convenient and accessible place in such station houses or depots as aforesaid, each and every such railroad company or corporation, or person so operating a railroad as aforesaid, shall forfeit and pay, for each and every such fail. ure or neglect to put up and keep up such schedule, the sum of one hundred dollars, to be recovered in an action of debt, before any justice of the peace in the county where said station house or depot may be situate. Which said action shall be commenced in the name of The People of the State of Illinois,' on the affidavit of any responsible person; one-half of said penalty to be paid to the informer, who shall be a competent witness, the other half to be paid into the county treasury: Provided, that this section shall not be construed to mean that the rate or compensation for transportation of persons or property on one of said roads shall be the same as charged on any other road nor shall any railroad corporation be required to charge the same rates for the transportation of different classes of freight, nor shall any railroad corporation be required by this act to fix the same rates per mile for the transportation of property in opposite directions on the same road: And provided, further, that this act shall not be construed to prevent said corporation from issuing passes, commutation and excursion tickets on their roads at less than the established rates for transporting passengers over such roads, nor for transporting, at reduced rates, freight and merchandize for educational, religious or benevolent. purposes, nor from transporting, at reduced rates, freight and merchandise to and from agricultural and other fairs." 1; Amend by striking out sections 4, 5, 6, 7, 8, 9 and 10, and insert new section 4, as follows: "No railroad corporation shall, at any time, by rebatement, drawback or otherwise, directly or indirectly receive or charge, for the transportation of persons or property, any rate less than the rate fixed by such rules, regulations or by-laws. If any such railroad company rating, a railroad in the State of Illinois, shall collect or receive any greater or different sum for the transportation of persons or property than is authorized by the schedule required by the third section of this act, such railroad company or corporation, or such person or persons, owning and operating, or operating, such railroad, shall be liable to the party aggrieved in four times the excess so collected and received, and the same may be recovered, together with costs and a reasonable attorney's fee, to be ascertained upon the trial, in an action of assumpsit in any court of competent jurisdiction; and any officer, agent or employee of any such railroad company or corporation, or of any person or persons, owning and operating, or operating, such railroad, who shall knowingly and willfully collect or receive, for the transportation of persons or property on any such railroad, any greater or different sum, at any station or place of doing business on said road, than is set forth and specified in the schedule required by the third section of this act, shall be deemed guilty of a misdemeanor, and shall be liable to indictment in any court of competent jurisdiction, and, on conviction thereof, shall be punished for each offense by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment for not less than thirty days nor more than one year, or both, in the county jail of the county where such conviction shall be had, in the discretion of the court before which such conviction shall be had. "5. All consolidations of different railroad corporations, without an express act of the General Assembly of this State authorizing the same, shall be deemed and held as null and void. 66 "§ 6. This act to take effect and be in force from and after its passage." Mr. McManus moved to lay the motion of Mr. Woodson on the table; which motion was Messrs. Harlan and Shepherd voted in the negative. At 5 o'clock P.M., Mr. Epler moved that the Senate do now adjourn; which motion was Mr. Pinckney entered a motion to reconsider the motion by which the Senate advised and consented to the nominations by the Governor of Industrial University Trustees, sent to the Senate yesterday. Mr. Flagg, from the committee on enrolled and engrossed bills, begs leave to report that a bill of the following title has been correctly engrossed, to wit: Senate bill, No. 811, for "An act supplementary to Senate bill, No. 18, entitled an act to incorporate the Dixon and Quincy Railroad Company.' Mr. McNulta moved amendments to Mr. Fuller's amendments to section 4; which were accepted by Mr. Fuller. A message from the Governor, by E. B. Harlan, Private Secretary: Mr. Speaker: I am directed by the Governor to inform the Senate that he has approved and signed bills of the following titles, to-wit: Senate bill, No. 66, for "An act for the support of the Illinois Institution for the Education of the Deaf and Dumb." Senate bill, No. 289, for "An act for the relief of the sureties of Julius A. Pratt, late treasurer and collector of the county of Henry." House bill, No. 692, for "An act to reduce the charter of the city of Litchfield, and the several acts amendatory thereof, into one act, and revise the same." Senate bill, No. 374, for "An act to incorporate the Chicago Legal News Company." A message from the House of Representatives, by Mr. Halstead: Mr. Speaker: I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, to-wit: House bill, No. 509, for "An act to regulate the fines to be imposed upon persons selling liquors in this State contrary to law." House bill, No. 1522, for "An act to provide for the election of additional supervisors in the county therein named." In the passage of which I am instructed to ask the concurrence of the Senate. Mr. Munn moved to recommit Senate bill No. 495 to the committee on railroads; which motion was McNulta, Pinckney, Strevell, Tincher, Van Dorston, Ward, Those voting in the negative are, Messrs. Addams, Mr. Epler moved the following amendment to section 1: The motion was laid on the table. Mr. McNulta moved the following amendment: In section 3, 15th line, after the word "received, insert "and a reasonable fee for attorneys in each and every court where said cause may be tried." On motion of Mr. Fuller, The motion was laid on the table. Mr. Crawford moved an amendment to section 8. Mr. Strevell moved to amend Mr. Crawford's amendment by striking out section 8; which motion was Carried by the following vote, Nays Those voting in the affirmative are, Messrs. Addams, Boyd, Crawford, Fort, Fuller, .... .14 8 Those voting in the negative are, A message from the House of Representatives, by Mr. Halstead: Mr. Speaker: I am directed to inform the Senate that the House of Representatives has concurred with them in the passage of the amendments to House bills of the following numbers: House bill, No. 4, and House bill, No. 685. The Senate again resumed the consideration of Senate bill, No. 495. Mr. Fuller moved that the bill be ordered engrossed for a third reading, and moved the previous question, which was ordered. |