violations of this act may be stated in separate counts, and recovery be had upon each. If upon trial of any such suit brought either to recover said penalty or to recover damages as aforesaid, it shall be made to appear that the defendant has charged, collected, demanded or received for the transportation of freight, passengers or cars, a rate of toll or compensation greater than that fixed by the schedule aforesaid, then, and in that case, such defendant shall be deemed and held guilty of extortion, unless such defendant shall show affirmatively that the rate charged, demanded, collected or received for such transportation was nevertheless fair and reasonable.

SEC. 9. That in all cases where two or more persons, companies or corporations unite together for the purpose of transporting freight or passengers over more than one line of road, any part of which may be in this State, the several lines thus operated together, shall be treated for all purposes of this act as one line, and each and every such persons, companies and corporations shall be bound by the provisions of this act, and liable for any violation thereof.

SEC. 10. Any person or corporation owning or operating a railway in this State or any branch or branches thereof, or operating any railway which such person or corporation has a right, license or permission to use, who shall be guilty of making any unjust and excessive discrimination in its rates of charges for toll or compensation for the transportation of any passengers or freight over any railway or branch thereof or over any railway which such person or corporation has a right, license or permission to use, operated by such person or corporation; or who shall demand or receive either directly or indirectly, or by rebate or otherwise a greater amount of toll or compensation from any person or persons whatsoever, than that received or demanded for the transportation of any passenger or passengers for the same distance in the same direction, over the same line of road; or who shall demand or receive either directly or indirectly, or by rebate or otherwise, a greater toll or compensation for the transportation of any freight of the same kind and of the same quantity and for the same distance in the same direction, over the same line of road, than that received or demanded of any person or persons, corporations or companies whatsoever, shall, upon conviction thereof for the first offense, be liable to a fine of not less than $1,000, and not more than $3,000; and for a second offense, and conviction thereof, shall be liable to a fine of not less than $3,000, and not more than $10,000; and for a third offense and conviction thereof, shall be liable to a fine of $25,000, or a forfeiture to the State of all its railway property within the State, of whatsoever kind or description, and of all franchises pertaining to such corporation exercised by authority of the State.

SKC. 11. That it shall be the duty of the grand juries in the several counties of this State to investigate and ascertain whether the provisions of this act are violated by any corporations, companies, or persons engaged in the business of transportation aforesaid, and for the purpose of making such investigation shall have power to require by subpœna the officers of such companies with records or any other evidence in their control, and whenever the said juries shall find a cause of action to have occurred, it shall be the duty of the district attorney to institute the same forthwith; and the several district attorneys shall,

whenever informed in any way that this act has been violated, institute the necessary proceedings for enforcing the necessary penalties herein provided

Senator West moved the previous question.

On the question "Shall the Senate second the call for the previous question?" the yeas and nays were demanded, and the yeas were— Senators Bailey, Boomer, Campbell, Chambers, Conaway, Converse, Cooley, Dague, Dashiell, Jessup, Kephart, Kinne, Maxwell, McCormack, Miller, Newton, Pease, Rothert, Taylor, Thornburg, West Willett, Williams, Wood, and Young of Cass-25.

The nays were——

Senators Crary, Fairall, Fitch, Gault, Howland, Larrabee, Lovell, MeCoid, McIntyre, Merrell of Clinton, Merrill of Wapello, Miles, Mitchell, Murphy, Perkins, Russell, Smith, Stone, Stuart, Wonn, and Young of Mahaska-21.

Absent or not voting—

Senators Bemis, Rumple, Selby, and Shane—4.

So the Senate seconded the call for the previous question.

On the question, "Shall the main question be now put ?" the yeas and nays were demanded, and the yeas were—

Senators Bailey, Bemis, Boomer, Campbell, Chambers, Conaway, Converse, Cooley, Dague, Dashiell, Jessup, Kephart, Kinne, Maxwell, McCormack, Miller, Newton, Pease, Rothert, Taylor, Thornburg, West, Willett, Wood, and Young of Cass-25.

The nays were—

Senators Crary, Fairall, Fitch, Gault, Howland, Larrabee, Lovell, McCoid, McIntyre, Merrell of Clinton, Merrell of Wapello, Miles, Mitchell, Murphy, Perkins, Russell, Smith, Stone, Stuart, Williams, Wonn, and Young of Mahaska-22.

Absent or not voting

Senators Rumple, Selby, and Shane-3.

So the main question was ordered.

The question recurring on the adoption of the substitute offered by Senator McCoid he demanded that it be voted on by sections.

The President decided that the demand came too late, the main question having been ordered.

On the adoption of the substitute offered by Senator McCoid the yeas and nays were demanded, and

The yeas were—

Senators Fairall, Howland, McCoid, Merrell of Clinton, Merrill of Wapello, Mitchell, Wonn, and Young of Mahaska—8.

The nays were

Senators Bailey, Boomer, Campbell, Chambers, Conaway, Converse, Cooley, Crary, Dague, Dashiell, Fitch, Gault, Jessup, Kephart, Kinne, Larrabee, Lovell, Maxwell, McCormick, McIntyre, Miles, Miller, Murphy, Newton, Pease, Perkins, Rothert, Rumple, Shane, Smith, Stone, Stuart, Taylor, Thornburg, West, Willet, Williams, Wood, and Young of Cass-39.

Absent or not voting—

Senators Bemis, Russell, and Selby--3.

So the substitute did not prevail.

On the adoption of the substitute reported by the Committee on Railroads, the yeas and nays were demanded, and

The yeas were-

Senators Bailey, Boomer, Campbell, Chambers, Conaway, Converse, Cooley, Crary, Dague, Dashiell, Gault, Jessup, Kephart, Kinne, Lovell, Maxwell, McCormack, McIntyre, Merrell of Clinton, Miles, Miller, Mitchell, Murphy, Newton, Pease, Rothert, Rumple, Shane, Smith, Stuart, Taylor, Thornburg, West, Willet, Williams, Wood, and Young of Cass-37.

The nays were

Senators Bemis, Fairall, Fitch, Howland, Larrabee, McCoid, Merrill of Wapello, Perkins, Russell, Stone, Wonn, and Young of Mahaska

-12.

Absent or not voting—

Senator Selby—1.

So the substitute was adopted.

The bill was then ordered engrossed for a third reading to-morrow. Senator West moved to reconsider the vote by which the bill was ordered engrossed.

The motion prevailed.

Senator West moved to suspend the rules and read the bill a third time now, which was agreed to and the bill read a third time.

On the question, "Shall the bill pass?"

The yeas were

Senators Bailey, Boomer, Campbell, Chambers, Conaway, Converse, Cooley, Crary, Dague, Dashiell, Fairall, Gault, Howland, Jessup, Kephart, Kinne, Lovell, Maxwell, McCoid, McCormack, McIntyre, Merrell of Clinton, Miles, Miller, Mitchell, Murphy, Newton, Pease, Rothert, Rumple, Shane, Smith, Stuart, Taylor, Thornburg, West, Willett, Williams, Wood, and Young of Cass-40.

The nays were—

Senators Bemis, Fitch, Larrabee, Merrill of Wapello, Perkins, Russell, Stone, Wonn, and Young of Mahaska-8. Absent or not voting--

Senator Selby-1.

So the bill passed and the title was agreed to.

REPORT OF COMMITTEE.

Senator Young of Cass, from the Committee on Enrolled Bills, submitted the following report:

MR. PRESIDENT:-The Committee on Enrolled Bills respectfully report that they have this day presented to the Governor for his approval the following, viz:

S. F. No. 85, An act to legalize the incorporation of the Odd Fellows' Building Association, at Keokuk, Lee county, Iowa.

Joint resolution memorializing Congress for an increase of the currency of the country.

LAFE YOUNG, Chairman.

Senator Rothert was excused from attendance to-morrow.

Leave of absence was granted Senators Merrell of Clinton, and Merrill of Wapello, until Tuesday next.

On motion of Senator Kephart the Senate adjourned.

SENATE CHAMBER,

DES MOINES, Iowa, February 28, 1874.

Senate met at 9 A. M., and was called to order by the President.

Prayer by the Rev. Mr. Hay.

Journal of yesterday read and approved.

}

MESSAGE FROM THE HOUSE.

The following message was received from the House:

MR. PRESIDENT:--I am directed to inform your honorable body that the House of Representatives has passed the following bills and joint resolution, in which the concurrence of the Senate is asked: Substitute for S. F. No. 53, A bill for an act to amend section 1498, of chapter 4, title 11, of the Code, in reference to partition fences.

Substitute for H. F. No. 220, A bill for an act for the punishment of persons having in their possession burglars' tools or implements, with intent to commit burglary.

Joint resolution in relation to the Onawa branch of the Cedar Rapids and Missouri River Railroad.

Also, without amendment:

S. F. No. 59, A bill for an act to amend section 464 of the Code of 1873.

JAMES M. WEART, Chief Clerk.

PETITIONS AND MEMORIALS.

By Senator Taylor: From citizens of Iowa, asking for the repeal of the prohibitory liquor law, and the enactment of a judicious license law.

Referred to Committee on Suppression of Intemperance.

By Senator Howland: From citizens of Kossuth county, in relation to the destitution in that county.

Ordered passed on file.

By Senator Pease:

From citizens of Van Buren county, asking for

a law in relation to working roads.

Senator Taylor moved to refer the petition to the Committee on Highways, with instructions to report à bill in accordance with the prayer of the petitioners.

Senator Murphy offered the following as an amendment:

Resolved, That any female showing to the satisfaction of the judges

of election that she pays a road or poll tax that she shall also be allowed to vote.

On motion of Senator Maxwell the instructions were stricken out. The petition was then referred to Committee on Highways.

REPORT OF COMMITTEE.

Senator Young of Cass, from the Committee on Enrolled Bills, submitted the following report:

MR. PRESIDENT :-The Committee on Enrolled Bills respectfully report that they have examined S. F. No. 60, An act to legalize the sale of certain school lands in Wright county, Iowa, and find the same correctly enrolled.

LAFE YOUNG, Chairman.

MESSAGE FROM THE HOUSE.

The following message was received from the House:

MR. PRESIDENT:-I herewith present for your signature the following bill which has passed both branches of the General Assembly and been duly enrolled and signed by the Speaker of the House:

S. F. No. 60, A bill for an act to legalize the sale of certain school lands in Wright county, Iowa.

W. A. FULMER, Second Assistant Clerk.

INTRODUCTION OF BILLS.

By Senator Jessup: S. F. No. 193, A bill for an act to make an appropriation for the State Reform School at Eldora, Iowa.

Read first and second time, ordered printed, and referred to Committee on Appropriations.

By Senator Miller: S. F. No. 194, A bill for an act to prevent county superintendents from changing text books in public schools of Iowa.

Read first and second time, and referred to Committee on Schools.

RESOLUTIONS.

Senator Kephart offered the following resolution:

Resolved by the Senate, the House concurring, That the Fifteenth General Assembly will adjourn sine die on Thursday, the twelfth day of March next at 11 o'clock, a. M.

On the adoption of the resolution, the yeas and nays were demanded, and the yeas were—

Senators Bailey, Bemis, Boomer, Campbell, Chambers, Conaway, Converse, Cooley, Crary, Dague, Dashiell, Fairall, Fitch, Gault, Howland, Jessup, Kephart, Kinne, Lovell, Larrabee, Maxwell, McCormack, McIntyre, Miles, Miller, Mitchell, Murphy, Newton, Pease, Perkins, Rumple, Russell, Shane, Smith, Stone, Stuart,. Taylor, Thornburg,