KENTUCKY. 



449 



loway, Trigg, Lyon, Livingston, Crittenden, and Cald- 

 well. 



Second District, of the counties of Christian, Hop- 

 kins, Webster, Union, Henderson, McLean, Daviess, 

 and Hancock. 



Third District, of the counties of Muhlenberg, 

 Todd, Logan, Butler, Edmonson, Warren, Simpson, 

 Allen, Monroe, Cumberland, and Clinton. 



Fourth District, of the counties of Ohio, Grayson, 

 Breckenridge, Meade, Hardin, Bullitt, Nelson, Larue, 

 Marion, and Washington. 



Fifth District, of the county of Jefferson. 



Sixth District, of the counties of Trimble, Carroll, 

 Gallatin, Grant, Boone, Kenton, Campbell, and Pen- 

 dleton. 



Seventh District, of the counties of Oldham.Henry, 

 Owen. Franklin, Scott, Harrison, Bourbon, Fayette, 

 and Woodford. 



Eighth District, of the counties of Shelby, Spencer, 

 Anderson, Mercer, Boyle, Lincoln, Garrard, Jessa- 

 mine, Madison, Kockcastle, Jackson, Owsley, and 

 Laurel. 



Ninth District, of the counties of Bracken, Mason, 

 Eobertson, Nicholas, Fleming, Bath, Eowan, Lewis, 

 Greenup, Carter, Boyd, Lawrence, Johnson, and 

 Martin. 



Tenth District, of the counties of Pike, Letcher, 

 Floyd, Magoffin, Morgan, Elliott, Menifee, Wolfe, 

 Powell, Montgomery, Clark, Estill, Lee, Breathitt, 

 Perry. Clay, Leslie, Knox, Bell, and Harlan. 



Eleventh District, of the counties of Whitley, 

 Wayne. Pulaski, Casey, Eussell, Adair, Taylor, Green, 

 Metcalie, Barren, and Hart. 



An act was also passed establishing a Su- 

 perior Court, to be held in Frankfort. The 

 principal features of this act appear in the fol- 

 lowing extracts : 



SECTION 1. Be it enacted by the General Assembly of 

 the Commonwealth of Kentucky, That there is hereby 

 established a court of justice for the Commonwealth 

 of Kentucky, known as the Superior Court, to consist 

 of three judges, who shall have the same qualifica- 

 tions as are now required by law for judges of the 

 Court of Appeals. Any two of them may constitute 

 a court for the transaction of business. On the first 

 Monday in August, 1882, there shall be elected by the 

 qualified voters of this Commonwealth three persons, 

 qualified as aforesaid, as judges of said court, whose 

 term of office shall commence on the first Monday in 

 September, 1882, and continue until the first Monday 

 in September, 1886. They shall determine by lot who 

 shall be the presiding judge. The State shall bo di- 

 vided into three Superior Court districts, and one 

 judge of said court shall be elected from each of said 

 districts by the qualified voters thereof. 



SEO. 2. The Superior Court shall have exclusive ap- 

 pellate jurisdiction over the final orders and judg- 

 ments of all other courts of this Commonwealth that 

 the Court of Appeals now has, except as provided in 

 this act ; and all the laws now in force in regard to 

 appeals to the Court of Appeals, and the trial thereof, 

 shall be applicable to appeals to the Superior Court, 

 unless otherwise provided in this act. 



SEC. 3. The Superior Court shall not have appellate 

 jurisdiction of any appeal where there is involved (1) 

 the validity of a statute ; (2) the title to a freehold or 

 right to a franchise ; (3) nor in cases of felony, (4) the 

 probate of a will, (5) judgments for money or per- 

 sonal property, if the value in controversy be greater 

 than $3,000, exclusive of interest and co'st ; and the 

 said court shall have the original jurisdiction in fiscal 

 cases heretofore vested in the Franklin Circuit Court 

 by Article IX of chapter 28 of the General Statutes, and 

 so much of said chapter as vested said jurisdiction in 

 the Franklin Circuit Court is hereby repealed, and the 

 terms of said Superior Court for the hearing of fiscal 

 cases shall be as provided for the Franklin Circuit 

 Court in said chapter. 



SEC. 5. The Court of Appeals shall have appellate 

 VOL. xxii. 29 A 



jurisdiction over the final orders and judgments of the 

 Superior Court Jn all cases except the following: 1. 

 Those for fines,* or for the recovery of money or per- 

 sonal property, where the amount of the fine, or the 

 value in controversy, is less than $1,000, exclusive of 

 interest and costs. 2. Those where the judgments of 

 the lower court have been affirmed by the Superior 

 Court without a dissenting vote ; but if, in any case 

 coming within either of the above exceptions, any 

 two of the judges of the Superior Court shall certify 

 that, in their opinion, the question involved is novel, 

 and is one of sufficient importance, the party against 

 whom the decision was rendered shall be entitled to 

 take the same by appeal to the Court of Appeals, as in 

 other cases. 



SEO. 17. The judges of the Superior Court shall 

 each receive an annual salary of three thousand six 

 hundred dollars, to be paid monthly out of the Treas- 

 ury. 



SEO. 22. The Superior Court shall have original ju- 

 risdiction of escheats ; and all acts, or parts of acts, 

 inconsistent with this section, are hereby repealed. 



The three judges were subsequently duly 

 elected, and the court was organized, Judge 

 Bowden becoming the presiding judge. 



Another act is entitled " An act to prevent 

 extortion and discrimination in the transpor- 

 tation of freight and passengers by railroad 

 corporations, and, in aid of that purpose, to 

 establish a Board of Railroad Commissioners, 

 and define its powers and duties." 



The following are the chief provisions of this 

 important act : 



SECTION I. Be it enacted by the General Assembly 

 of the Commonwealth of Kentucky, If any railroad 

 corporation shall willfully charge, collect, or receive 

 more than a just and reasonable rate of toll or com- 

 pensation for the transportation of passengers or 

 freight in this State, or for the use of any railroad-car 

 upon its track, or upon any track of which it has con- 

 trol or the right to use in this State, it shall be guilty 

 of extortion, and, upon conviction, shall be punished 

 as prescribed by this act. 



SEC. 2. If any railroad corporation shall willfully 

 charge, collect, or receive from any person or persons, 

 for the transportation of any freight upon its railroad, 

 a higher or greater rate of toll or compensation than it 

 shall at the same time charge, collect, or receive from 

 any other person or persons for the transportation of 

 the like quantity of freight of the same class, being 

 transported from the same point, in the same direction, 

 over equal distances of the same railroad, or if it shall 

 charge, collect, or receive from any person or persons, 

 for the use and transportation of any railroad car or 

 cars upon its railroad, a higher or greater sum than it 

 shall at the same time charge, collect, or receive from 

 any other person or persons for the use or transporta- 

 tion of a car or cars of the same class for a like pur- 

 pose, from the same point, hi the same direction, and 

 an equal distance ; all such discriminating rates, 

 charges, or collections, whether made directly or by- 

 means of any rebate, or other shift or evasion, shall 

 be considered and taken as prima facie evidence of 

 discrimination, which is hereby prohibited and de- 

 clared unlawful, and shall be punished as prescribed 

 by this act. When one or more car-loads of freight 

 shall be transported at the same time for different per- 

 sons, and for each shipper a car-load or more, such 

 shipments shall be considered and taken as the same 

 quantity of freight within the meaning of this act; 

 and when less than a car-load of freight, and over five 

 thousand pounds, are transported at the same time for 

 different shippers, and for each shipper over five thou- 

 sand pounds, such shipments shall be considered and 

 taken as the same quantity of freight ; and when over 

 five hundred pounds, and less than five thousand 

 pounds, are transported at the same time for different 



