Powers in examining records of rail

ies.

SEC. 9. The said commissioners shall have power, in the discharge of the duties of their office, to examine any of the books, papers or documents of any such corporation, or to examine under road compan- oath or otherwise any officer, director, agent or employe of any such corporation, they are empowered to issue subpoenas and administer oaths in the same manner and with the same power to enforce obedience thereto in the performance of their said duties as belong and pertain to courts of law in this state; and any person who may wilfully obstruct said commissioners in the performance of their duties, or who may refuse to give any information within his possession that may be required by said commissioners within the line of their duty shall be deemed guilty of a misdemeanor, and shall be liable, on conviction thereof, to a fine not exceeding one thousand dollars, in the discretion of the court, the costs of such subpoenas and investigation to be first paid by the state on the certificate of said commissioners.

tain cases.

SEC. 10. It shall be the duty of any railroad corporation, when Duties of rail within their power to do so, and upon reasonable notice, to furroads in cer- nish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight, and to receive and transport such freight with all reasonable dispatch, and to provide and keep suitable facilities for the receiving and handling the same at any depot on the line of its road; and also to receive and transport in like manner, the empty or loaded cars, furnished by any connecting road, to be delivered at any station or stations on the line of its road, to be loaded or discharged, or re-loaded and returned to the road so connecting; and for compensation, it shall not demand or receive any greater sum than is accepted by it from any other connecting railroad, for a similar service.

Roads shall

nate

No railroad corporation shall charge, demand, or receive from any person, company, or corporation, for the transnot discrimi-portation of persons or property, or for any other service a greater sum than it shall at the same time charge, demand, or receive from any other person, company, or corporation for a like service from the same place, or upon like condition and under similar circumstances, and all concessions of rates, drawbacks and contracts for special rates shall be open to and allowed all persons, companies and corporations alike, at the same rate per ton per mile by car load upon like condition and under similar circumstances, unless by reason of the extra cost of transportation per car load from a different point the same would be unreasonable and inequitable, and shall charge no more for transporting freight from any point on its line than a fair and just proportion of the price it charges for the same kind of freight transported from any other point.

SEC. 12. No railroad company shall charge, demand, or reNo railroad ceive from any person, company, or corporation an unreasonable shall charge price for the transportation of persons or property, or for the unreasonable handling or storing of freight, or for the use of its cars, or for any privilege or service afforded by it in the transaction of its business as a railroad corporation.

rates.

provisions of

SEC. 13. Any railroad corporation which shall violate any of Penalty for the provisions of this act, as to extortion or unjust discrimina- violation of tion, shall forfeit for every such offense to the person, company, this act. or corporation aggrieved thereby, three times the actual damages sustained or overcharges paid by the said party aggrieved, together with the cost of suit, and a reasonable attorney's fee to be fixed by the court, and if an appeal be taken from the judgment or any part thereof, it shall be the duty of the appellate court to include in the judgment an additional reasonable attorney's fee for services in the appellate court or courts, to be recovered in a civil action therefor. And in all cases where complaint shall be made, in accordance with the provisions of section 15, hereinafter provided, that an unreasonable charge is made, the commissioners shall require a modified charge for the service rendered, such as they shall deem to be reasonable, and all cases of a failure to comply with the recommendation of the commissioners shall be embodied in the report of the commissioners to the legislature; and the same shall apply to any unjust discrimination, extortion, or overcharge by said company, or other violation of law.

cident.

SEC. 14. Upon the occurrence of any serious accident upon a Investigation railroad which shall result in personal injury, or loss of life, the in case of accorporation operating the road upon which the accident occurred shall give immediate notice thereof to the commissioners whose duty it shall be, if they deem it necessary, to investigate the same, and promptly report to the governor the extent of the personal injuries, or loss of life, and whether the same was the result of the mismanagement or neglect of the corporation on whose line the injury or loss of life occurred.

Provided, That such report shall not be evidence or referred Proviso: to in any case in any court.

of rates by

plaint of may

SEC. 15. It shall be the duty of said commissioners upon the Examination complaint and application of the mayor and aldermen of any city commissionor the mayor and council of any incorporated town, or the trus- ers on comtees of any township, to make an examination of the rate of pas- or &c, senger fare or freight tariff charged by any railroad company, and of the condition or operation of any railroad, any part of whose location lies within the limits of such city, town or township, and if twenty-five or more legal voters in any city or township shall, by petition in writing, request the mayor and aldermen of such city or the trustees of such township, to make the said complaint and application, and the mayor and aldermen, or the trustees, refuse or decline to comply with the prayer of the petition, they shall state the reason for such non-compliance in writing upon the petition, and return the same to the petitioners; and the petitioners may thereupon, within ten days from the date of such refusal and return, present such petition to said commissioners, and said commisioners shall, if upon due inquiry and hearing of the or on petipetitioners, they think the public good demands the examination, ty-five citiproceed to make it in the same manner as if called upon by the mayor and aldermen of any city, or the trustees of any township. Before proceeding to make such examination, in accordance

tion of twen

zens.

road

And "railroad corporation"

with such application or petition, said commissioners shall give to the petitioners and the corporation reasonable notice, in writing, of the time and place of entering upon the same. If, upon such an examination, it shall appear to said commissioners that the complaint alleged by the applicants or petitioners is well founded, they shall so adjudge, and shall inform the corporation operating such railroad of their adjudication within ten days, and shall also report their doings to the governor, as provided in the fourth section of this act.

SEC. 16. In the construction of this act, the phrase railroad Phrases "rail- shall be construed to include all railroads and railways operated by steam, and whether operated by the corporation owning them or by other corporations or otherwise. The phrase railroad corporation shall be construed to mean the corporation which constructs, maintains or operates a railroad operated by steam power. SEC. 17. Nothing in this act shall be construed to estop or These provis- hinder any persons or corporations from bringing suit against any railroad company for any violation of any of the laws of this state for the government of railroads.

ions not to

hinder any

suit against

railroad com

pany.

Repealing

clause.

SEC. 18. All acts or parts of acts inconsistent with this act are hereby repealed.

SEC. 19. This act, being deemed of immediate importance, Publication. shall take effect and be in force from and after its publication in the Iowa State Register, and Iowa State Leader, newspapers published at Des Moines, Iowa.

Approved, March 23, 1878.

I hereby certify that the foregoing act was published in the Iowa State Register, March 24, and in the Iowa State Leo der, March 25, 1878. JOSIAH T. YOUNG, Secretary of State.

H. F. 43.

Preamble.

CHAPTER 78.

COUNTY RECORDER OF LEE COUNTY.

AN ACT Legalizing the Acts of the County Recorder of Lee county, Iowa, in Recording Mortgages on Town Lots and other City Property with the Deeds in Town Lot Records.

WHEREAS, It has been the custom of the recorder of Lee county, Iowa, in recording deeds on town lots and other city property, to intermingle with the said town lot records all mortgages affecting any city property, they being recorded with the deeds; and,

WHEREAS, The legality of said recording of said mortgages aforesaid has been questioned; therefore,

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That the acts of said recorders of Lee county Iowa, in recording said mortgages on town lots and other city property

in with the deeds in said town lot record book, be and the same Acts legalare hereby legalized.

ized.

SEC. 2. This act, being deemed of immediate importance, shall Publication. take effect from and after its publication in the Iowa State Leader, and Iowa State Register, newspapers published at Des Moines, Iowa, without expense to the state. Approved, March 23, 1878.

I hereby certify that the foregoing act was published in the Iowa State Leader, March 29, 1878.

JOSIAH T. YOUNG, Secretary of State.

CHAPTER 79.

INDEPENDENT SCHOOL DISTRICT OF SIOUX RAPIDS.

AN ACT to Legalize the Organization of the Independent School Dis- H. F. 524. trict of Sioux Rapids, in the county of Buena Vista, State of Iowa.

WHEREAS, The independent school district of Sioux Rapids Preamble. was formed from parts of the two townships of Lee and Barnes, of said county of Buena Vista; and,

WHEREAS, At a meeting of the electors of the then contempla. ted independent school district of Sioux Rapids, held February 27th, 1878, a majority of the ballots cast were in favor of a separate organization; and,

WHEREAS, At an election held for that purpose in the then contemplated independent school district of Sioux Rapids. March 11th, 1878, Jas. M. Hoskins, Henry Jacobson, and S S. Warner, were elected directors for said independent school district; and, WHEREAS, Doubts have arisen as the legality of the formation of said independent school district of Sioux Rapids, there being less than three hundred inhabitants in the platted village of Sioux Rapids; and,

WHEREAS, The provisions of the statute in regard to notice and the manner of conducting the election not having been fully complied with, and on account of other irregularities; therefore, Be it enacted by the General Assembly of the State of Iowa:

legalized.

SECTION 1. That said independent school district of Sioux Organization Rapids, county of Buena Vista, Iowa, consisting of the following territory, to wit: the wsection 5, all section 6, all section 7, nw section 8, and all section 18 in Lee township, and all section 1, all section 12, all section 13, e section 14, and n section 24, in Barnes township, be, and the same is hereby declared to be fully and legally organized, with boundaries to include all the territory above described, the same as though all the provisions of the statute regarding the organization of independent school districts had been fully complied with, and said district is hereby declared

to have all the powers, rights, and privileges that would have belonged to said district, if the same had been legally organized on the 11th day of March, 1878, notwithstanding the provisions of section 1800, of the Code of 1873, to the contrary.

SEC. 2. This act, being deemed of immediate importance, Publication. shall take effect from after the date of its publication in the Iowa State Register, and Storm Lake Pilot; Provided, such publication shall be without expense to the state. Approved, March 23, 1878.

I hereby certify that the foregoing act was published in the Storm Lake Pilot, March 27, and in the Iowa State Register, April 4, 1878. JOSIAH T. YOUNG, Secretary of State.

H. F. 571.

missioner appointed by governor.

CHAPTER 80.

PROPAGATION OF FISH.

AN ACT Entitled "An Act to Promote Fish Culture in the State of Iowa, and to Amend and Consolidate the Enactments heretofore passed for that purpose, Amending Chapter 70, Acts of the Sixteenth General Assembly.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That the governor of the state is hereby authorOne fish com- ized and required to appoint, after the expiration of the term of the present incumbent, and biennially thereafter, one competent person, who shall be known as the state fish commissioner, who shall hold his position for the term of two years; and any va cancy that may occur, for the unexpired term, or by reason of the expiration of the term of said office, shall be filled by the appointment and commission of the governor.

Vacancy.

Duties.

The general duties of said commissioner, including the present incumbent, shall be to have general charge and superintendence of the state hatching house, now located at Anamosa, to forward the restoration of fish to the rivers and waters of the state, and to stock the same with fish from said hatching house, and elsewhere, to the extent that means therefor may be furnished by the state, and to the extent that means for that purpose may be furnished by the United States fish commissioner, and by societies and individuals interested in the propagation of fish in the waters of this state.

SEC. 2. The fish commissioner, including the present incumSalary, $1,200. bent, shall receive, in full compensation for his services, twelve hundred dollars per year, to be paid out of any money in the state treasury not otherwise appropriated.

SEC. 3. That for the purpose of carrying out the provisions of this act, and continuing the work as contemplated in laws