THE NEW RAILROAD LAW. 307 



before convicted of a violation of the provisions of this act, they shall 

 return such finding with their verdict, and shall assess and retnrn 

 with their verdicf the amount of the fine to be imposed upon the de 

 fendant, at any sum not less than five thousand dollars ($5,000), nor 

 more than ten thousand dollars ($10,000) ; and the court shall render 

 judgment accordingly ; and if the jury shall find for the people, and 

 that the defendant has been twice before convicted of a violation of 

 the provisions of this act, with respect to extortion or unjust dis 

 crimination, they shall return such finding with their verdict, and 

 shall assess and return with their verdict, the amount of fine to be 

 imposed upon the defendant, at any sum not less than ten thousand 

 dollars ($10,000), nor more than twenty thousand dollars ($20,000) ; 

 and in like manner for every subsequent offense, and conviction, 

 such defendant shall be liable to a fine of twenty-five thousand dollars 

 ($25,000) ; Provided, that in all cases under the provisions of this act, 

 a preponderance of evidence in favor of the people shall be sufficient 

 to authorize a verdict and judgment for the people. 



Sec. 6. If any such railroad corporation shall, in violation of any 

 of the provisions of this act, ask, demand, charge, or receive of any 

 person or corporation any extortionate charge or charges, for the 

 transportation of any passengers, goods, merchandise, or property, or 

 for receiving, handling, or delivering freights, or shall make any 

 unjust discriminations against any person or corporation in its 

 charges therefor, the person or corporation so offended against may, 

 for each offense, recover of such railroad corporations, in any form of 

 action, three times the amount of the damages sustained by the party 

 aggrieved, together with costs of suit, and a reasonable attorney s 

 fee, to be fixed by the court where the same is heard, on appeal or 

 otherwise, and taxed as a part of the costs of the case. 



Sec. 7. It shall be the duty of the Eailroad and Warehouse Commis 

 sioners to personally investigate and ascertain whether the provisions 

 of this act are violated by any railroad corporation in this State, and 

 to visit the various stations upon the line of each railroad for that 

 purpose as often as practicable ; and whenever the facts, in any man 

 ner ascertained by said commissioners, shall in their judgment war 

 rant such prosecution, it shall be the duty of said commissioners to 

 immediately cause suits to be commenced and prosecuted against any 

 railroad corporations which may violate the provisions of this act. 

 Such suits and prosecutions may be instituted in any county in this 



