Discrimination unlawful wholly or part in this State. What constitutes discrimina tion. CHAP. XIX.-An Act to Prevent Discrimination in Fares and Freights by Railroad Companies whose railroads run through the State of Nevada, or by Railroad Companies, the terminus or termini of whose railroads are within the State of Nevada. [Approved February 12, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. It shall be unlawful for any person or persons engaged alone or associated with others in the transportation by railroads of property by railroad, whose railroads are wholly or in part in the State of Nevada, from any boundary of said State, to any point in said State, or from any point in said State to any boundary of said State, or from one point in said State to any other point in said State, directly or indirectly, to charge to or receive from any person or persons any greater or less rate or amount of freight, compensation or reward than is charged to or received from any other person or persons for like and contemporaneous service in the carrying, receiving, delivering, storing, or handling of the same; and all persons engaged as aforesaid, shall furnish, without discrimination, the same facilities for the carriage, receiving, delivery, storage, and handling of all property of like character carried by him or them, and shall perform with equal expedition the same kind of services connected with the contemporaneous transportation thereof as aforesaid. No break, stoppage or interruption, nor any contract, agreement or understanding shall be made to prevent the carriage of any property from being, and being treated, as one continuous carriage in the meaning of this Act, from the boundary line of the State of Nevada, to the place of destinastoppage, or tion if within said State, or from the place of shipment if Transportation, facilities furnished. Property treated and considered as one continuous carriage. No break, interrup tion to prevent continuous carriage. Proviso. Unlawful to allow rebates, drawbacks, etc. Unlawful to make combinations to prevent continuous carriage. within said State, to the boundary of said State, or from the place of shipment to the place of destination if said place of shipment and destination be within said State, unless such stoppage, interruption, contract, arrangement, or understanding was made in good faith for some practical and necessary purpose, without any intent to avoid or interrupt such continuous carriage, or to evade any of the provisions of this Act. SEC. 2. It shall be unlawful for any person or persons engaged in the transportation of property as aforesaid, directly or indirectly to allow any rebate, drawback, or any other advantage in any form, upon shipments made or services rendered as aforesaid by him or them. SEC. 3. It shall be unlawful for any person or persons engaged in the carriage, receiving, storage, or handling of the property, as mentioned in section one of this Act; to enter into any combination, contract, or agreement, by changes of schedule, carriage in different cars, breaking car loads into less than car loads, or by any other means, with intent to prevent the carriage of such property from being continuous from the boundary line of the State of Nevada to the place of destina tion, if such place of destination be within said State, or from the place of shipment, if such place of shipment be within said State, to the boundary of said State, or from the place of shipment to the place of destination, if said places of shipment and destination be within said State, whether carried on one or several railroads; and it shall be unlawful for any person or persons, carrying property as aforesaid, to enter into any contract, agreement, or combination for the pooling of freights, or to pool the freights of different and competing railroads, by dividing between them the aggregate or net proceeds of the earnings of such railroads or any portion of them. SEC. 4. It shall be unlawful for any person or persons engaged in the transportation of property, as provided in section one of this Act, to charge or receive any greater compensation per car load or part thereof of similar property per mile for carrying, receiving, storing, forwarding, or handling the same, for a shorter than for a longer distance in one continuous carriage. and keep where posted. SEC. 5. All persons engaged in carrying property, as provided Must adopt in section one of this Act, shall adopt and keep posted up posted up schedules, which shall plainly state: First, The different kinds schedules. and classes of property to be carried; Second, The different places Schedules between which such property shall be carried; Third, The rates of shall state. freight and prices of carriage between such places, and for all services connected with the receiving, delivery, loading, unloading, storing, or handling the same. Such schedules may be changed from time to time as hereinafter provided. Copies of such schedules shall be printed in plain large type, at least the size of ordinary pica, and shall be kept plainly posted for pub- Schedules, lic inspection, in at least two places in every depot where freights are received or delivered, and no such schedule shall be changed in any particular, except by the substitution of another schedule containing the specifications above required, which substitute schedule shall plainly state the time when it shall go into effect, and copies of which, printed as aforesaid, shall be posted as above provided at least five days before the same shall go into effect, and shall remain in full force until another schedule shall, as aforesaid, be substituted. And it shall be unlawful for any person or persons engaged in carrying property on railroads, as aforesaid, after thirty days after the passage of this Act, to charge or receive more or less compensation for the carriage, receiving, delivery, loading, unloading, handling, or storing of any of the property contemplated by section one of this Act, than shall be specified in such schedule as may at the time be in force. SEC. 6. Each and all the provisions of this Act shall apply to all property, and the receiving, delivery, loading, unloading, handling, storing, or carriage of the same, on one actually or substantially continuous carriage, as provided for in section one of this Act, and the compensation therefor, whether such property be carried wholly on one railroad or partly on several railroads, and whether such services are performed, or compensation paid, or received, by or to one person alone or in connection How long to remain in force. Provisions apply to all property. of this Act All rail roads to fix their own rates. Railroad Co violations. Amount of damages, how recovered. Penalty. Informer receives one half of penalty. with another or other persons; provided, that each and every railroad company, as aforesaid, shall fix its own rate or rates in its schedule; and such rate or rates, in such schedule so fixed, shall not govern or affect the rate or rates of any other railroad company; and provided further, that such rate or rates, in such schedule so fixed, shall not exceed the rate or rates now allowed to be charged by law. SEC. 7. Each and every act, matter, or thing in this Act declared to be unlawful, is hereby prohibited, and in case any person or persons, as defined in this Act, engaged as aforesaid, shall do, suffer or permit to be done, any act, matter, or thing, in this Act prohibited or forbidden, or shall omit to do any act, matter, or thing in this Act required to be done, or shall be guilty of any violation of the provisions of this Act, such person or persons shall forfeit and pay to the person or persons who may sustain damage thereby, a sum equal to three times the amount of damages so sustained, to be recovered by the person or persons so damaged, by suit in any District Court of the State of Nevada where the person or persons causing such damage can be found, or may have an agent, office or place of business; and the person or persons so offending shall for each offense forfeit and pay a penalty of not less than two thousand dollars, to be recovered by the State of Nevada, by action in any District Court in the State of Nevada aforesaid, one half of such penalty or penalties, when collected, to be paid to the informer. Any action to be brought as aforesaid, to recover any such penalty or damages, may be considered, and if so brought, shall be regarded as a subject of equity, jurisdiction and discovery, and affirmative relief may be sought and obtained therein. In any such action, so brought as a case of equitable cognizance, preliminary or final injunctions may, Injunctions without allegation or proof of damage to any plaintiff or complainant, be granted upon proper application, restraining, forbidding and prohibiting the commission or continuance of any acts, matters, or things, within the terms or purview of this Act prohibited or forbidden. In any action aforesaid, and upon any application for any injunction above provided for, any agents, etc., director, officer, receiver or trustee of any corporation or company aforesaid, or any receiver, trustee, or person aforesaid, or any of them alone, or with any agent of any such corporation or company, receiver, trustee or person aforesaid, or any other person or persons, party or parties, may and shall be compelled to attend, appear and testify and give evidence; and no claim that such testimony or evidence might, or might tend to, criminate the person testifying or giving evidence, shall be of any avail; but such evidence or testimony shall not be used as against such person on the trial of any indictment against him. indictment. The attendance and appearance of any of the persons who, as aforesaid, may be compelled to appear and testify, and the giving of the testimony or evidence by the same respectively, and the production of books and papers thereby may and shall be compelled, the same as in the case of any other witnesses; and in case any such deposition or evidence, or the production of any granted. Officers, must testify if required. Evidence not to be used in Books and papers must be submitted. Evidence nesses, how to appear. books or papers, may be desired or required for the purpose of applying for or sustaining any injunction aforesaid, the same, and the production of books and papers, may and shall be and Wit had, taken and compelled by or before any clerk of the Dis- compelled trict Court, in any of the Judicial Districts in the State of Nevada, or in any manner provided for or to be provided for, as to the taking of other depositions or evidence, or the attendance of witnesses, or the production of other books or papers in or by the Statutes of Nevada. In actions to be brought as afore- Accrued said, damages sustained in the period of a month or part of a month, may be regarded as, and counted or declared upon or action. complained of generally, and as one separate cause of action; and so, whether such damages be sustained in one month or in different months; and such separate causes of action may be joined in the same action. No action aforesaid shall be sustained unless brought within one year after the cause of action shall accrue. damages, cause for Causes of joined. action Action must be brought within one year. Who liable. SEC. 8. Any director or officer of any corporation or company acting or engaged as aforesaid, or any receiver or trustee, lessee or person acting or engaged as aforesaid, or any agent of any such corporation or company, receiver, trustee, or person aforesaid, or of any of them alone, or with any other corporation, company, person, or party, who shall directly or indirectly do, or cause, or willingly suffer or permit to be done, any act matter or thing in this Act prohibited or forbidden, or directly or indirectly aid or abet therein, or shall directly or indirectly omit or fail to do any act, matter or thing in this Act required to be done, or cause or willingly suffer or permit any act, matter or thing, so directed or required to be done, not to be so done, or shall directly or indirectly aid or abet any such omission or failure, or shall directly or indirectly be guilty of any infraction of this Act, or directly or indirectly aid or abet therein, shall be guilty of a misdemeanor, and upon conviction Penalty. thereof shall be fined not less than two thousand dollars. may be SEC. 9. Nothing in this Act shall apply to the carriage, Freights storage, receiving, handling or forwarding of the property of excepted. the United States at lower rates of freight and charges than to the general public, or to the transportation of articles free or at reduced rates for charitable purposes, or to or from public fairs or expositions for exhibition, or to the transportation of material or supplies for the construction of other railroads within the State, or from a point within the State to a point beyond its boundaries. SEC. 10. The words " person or persons," as used in this Act, except where otherwise provided, shall be construed and held to mean, person or persons, company or companies, corporation or corporations, officer or officers, receiver or receivers, trustee or trustees, lessee or lessees, agent or agents, or other person or persons acting or engaged in any of the matters and things mentioned in this Act. Meaning of "person or persons." District Judges duties. CHAP. XX.-An Act concerning the duties of District Judges in this [Approved February 12, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. It shall be and is hereby made the special duty of all District Judges in this State to give in charge to the Grand Juries, at the comencement of each term of their respective courts, the full text of the Statutes of this State, in reference to the duties, conduct, responsibilities, and penalties of military, civil, and peace officers in this State. Prison Commissioners to select a commission to visit prison. Duties of appointed commission Report to be filed. CHAP. XXI.—An Act to provide for the Release of Certain Prisoners, confined in the Nevada State Prison. [Approved February 13, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. The Board of State Prison Commissioners are hereby authorized and allowed, immediately on the assembling of the State Legislature, or as soon thereafter as practicable, to select a commission to consist of two members of the Senate and three of the House, who shall visit the State Prison and consult the Warden, and ascertain if there are any prisoners that, by reason of long confinement, or good conduct, or other circumstances, should in their opinion be pardoned. SEC. 2. It shall be the duty of the Commission provided for in section first of this Act to file a report of their conclusions and recommendations before the adjournment of the Legislature with the Secretary of the Board of Pardons, to be presented to said Board at its next regular meeting, providing that the report and recommendations provided for in this Act shall not contain recommendations for the pardon of more than ten per mendations cent. of the prisoners contained in said State Prison. Percentage of recom allowed. "An Act to provide CHAP. XXII.-An Act to amend an Act entitled [Approved February 13, 1879.] The People of the State of Nevada, represented in Senate and SECTION 1. Section Thirty-six of said Act is hereby amendde so as to read as follows: |