306. THE GROUNDSWELL. 



or less rates of toll or compensation, for the transportation of such 

 passenger or freight, or for the use and transportation of such rail 

 road car the greater distance than for the shorter distance, is a rail 

 way station or point at which there exists competition with any other 

 railroad or means of transportation. This section shall not be con 

 strued so as to exclude other evidence tending to show any unjust 

 discrimination in freight and passenger rates. The provisions of this 

 section shall extend and apply to any railroad, the branches thereof, 

 and any road or roads which any railroad corporation has the right, 

 license, or permission to use, operate, or control, wholly or in part 

 within this State ; Provided, however, that nothing herein contained 

 shall be so construed as to prevent railroad corporations from issuing 

 commutation, excursion, or thousand-mile tickets, as the same are 

 now issued by such corporations. 



Sec. 4. Any such railroad corporation guilty of extortion, or of 

 making any unjust discrimination as to passenger or freight rates, or 

 the rates for the &quot;use and transportation of railroad cars, or in receiv 

 ing, handling, or delivering freights, shall, upon conviction thereof, 

 be fined in any sum not less than one thousand dollars ($1,000), nor 

 more than five thousand dollars ($5,000), for the first offense ; and for 

 the second offense not less than five thousand dollars ($5,000), nor 

 more than ten thousand dollars ($10,000), and for the third offense 

 not less than ten thousand dollars ($10,000), nor more than twenty 

 thousand dollars ($20,000) ; and for every subsequent offense, and con 

 viction thereof, shall be liable to a fine of twenty-five thousand dol 

 lars ($25,000) ; Provided, That in all cases under this act either party 

 shall have the right of trial by jury. 



Sec. 5. The fines hereinbefore provided for, may be recovered in an 

 action of debt, in the name of the people of the State of Illinois, and 

 there may be several counts joined in the same declaration, as to ex 

 tortion and unjust discrimination, and as to passenger and freight 

 rates, and rates for the use and transportation of railroad cars, and 

 for receiving, handling, or delivering freights. If, upon the trial of 

 any causes instituted under this act, the jury shall find for the people, 

 they shall assess and return with their verdict the amount of the fine 

 to be imposed upon the defendant, at any sum not less than one 

 thousand dollars ($1,000), nor more than five thousand dollars ($5,- 

 000), and the court shall render judgment accordingly; and if the 

 jury shall find for the people, and that the defendant has been once 



