450 



KENTUCKY. 



shippers, and for each shipper said quantity of freight, 

 such shipments shall be considered and taken as the 

 same quantity of freight. 



SEC. 3. Nothing contained in this act shall be con- 

 strued to prohibit railroad corporations from issuing 

 commutation, excursion, or thousand-mile tickets, as 

 are now issued, nor as controlling the rates of freight 

 which come from and go beyond the boundaries of 

 the State, nor as excluding other evidence of extortion 

 or unlawful discrimination. 



SEC. 4. Any railroad corporation that shall be guilty 

 of extortion or unlawful discrimination shall, upon 

 conviction, be fined, for the first offense, in any sum 

 not less than one hundred dollars, nor more than one 

 thousand dollars ; and, upon a second conviction, in 

 any sum not less than five hundred dollars, nor more 

 than two thousand dollars ; and, upon a third con- 

 viction, hi any sum not less than two thousand dol- 

 lars, nor more than five thousand dollars. The circuit 

 court, or court of similar jurisdiction, of any county into 

 or through which the line of railroad may run owned 

 by the corporation alleged to be guilty as aforesaid, 

 shall have jurisdiction of the offense, which shall be 

 prosecuted by indictment or by action in the name 

 of the Commonwealth, upon information filed by the 

 Board of Railroad Commissioners ; and, in all prose- 

 cutions and actions against railroad corporations un- 

 der this act, a preponderance of the evidence shall 

 govern and control the jury in making their verdict. 

 And such railroad corporation shall also be liable in 

 damages to the party aggrieved to three times the 

 amount of the damages sustained, together with costs 

 of suit and a reasonable attorney's fee, to be fixed by 

 the court. 



SEC. 5. The Governor, during the present session 

 of the General Assembly, shall, by and with the ad- 

 vice and consent of the Senate, appoint three compe- 

 tent persons as commissioners, who shall constitute a 

 Board of Railroad Commissioners, who shall hold 

 their offices until the next meeting of the General As- 

 sembly, and until their successors are appointed and 

 qualified. At the next meeting of the General As- 

 sembly, and every two years thereafter, the Governor, 

 by and with the advice and consent of the Senate, 

 shall appoint three competent persons as such com- 

 missioners, who shall hold their offices for the term 

 of two years from the first Monday in the year of their 

 appointment, and until their successors are appointed 

 and qualified. For the purposes of this act, the State 

 shall be divided into three districts, to be called the 

 Eastern, the Middle, and the Western Districts, and 

 the Governor shall appoint one commissioner from 

 each district, who shall now be, and shall continue to 

 be during his term of office, a resident of the district 

 from which he is appointed. 



SEC. 6. No person shall be appointed as such com- 

 missioner who is under twenty-five years of age, or 

 who is directly or indirectly interested in any stock, 

 bond, or other property of, or is in the employment 

 of any railroad company ; and no person appointed as 

 such commissioner shall, during the term of his office, 

 become interested in any stock, bond, or other prop- 

 erty of any railroad company, or be employed by any 

 railroad company. The Governor shall have power 

 to fill vacancies in the office of any such commissioner 

 until the meeting of the Senate. 



SEC. 8. Each of said commissioners shall receive for 

 his services the sum of not exceeding two thousand 

 dollars per annum, payable quarterly ; they shall be 

 furnished with an office, furniture, and stationery at 

 the expense of the State. The total sum to be ex- 

 pended by said commissioners for office-rent, furni- 

 ture, and stationery shall not exceed eight hundred 

 dollars per annum. The office of said commission- 

 ers shall be kept at Frankfort. 



SEC. 9. Every railroad company shall, on or before 

 the first day of September in each year, make and 

 transmit to the commissioners, at their office in 

 Frankfort, under oath of the proper officers of the 

 corporation, a full and true statement of the affairs 



of said corporation as the same existed on the first 

 day of the preceding July, specifying : 



1. The amount of capital stock paid up, and the 

 names of the owners thereof, and the amounts owned 

 by each, and the residence of each stockholder as far 

 as known. 



2. The amount of its assets and liabilities. 



3. The names and place of residence of its general 

 officers. 



4. The amount of cash paid to the company on ac- 

 count of the original capital stock. 



5. The amount of funded debt. 



6. The amount of floating debt. 



7. The estimated value of the road-bed, including 

 iron and bridges. 



8. The estimated value of rolling-stock. 



9. The estimated value of stations, buildings, and 

 fixtures. 



10. The estimated value of other property. 



11. The length of single main track. 



12. The length of double main track. 



13. The length of branches, stating length of single 

 and of double track. 



14. The aggregate length of siding and other tracks 

 not above enumerated. 



15. The number of miles run by passenger trains 

 duringthe year preceding the making of the report. 



16. The number of miles run by freight trams dur- 

 ing the same period. 



17. The number of tons of through freight carried, 

 and the number of tons of local freight during the 

 same time. 



18. The monthly earnings for the transportation of 

 passengers during the same time. 



19. The monthly earnings for the transportation of 

 freight during the same time. 



20. The monthly earnings from all other sources 

 respectively. 



21. The amount of expenses incurred in running of 

 passenger trains during the same time. 



22. The expense incurred in running freight trains 

 and in running mixed trains during the same time. 



23. All other expenses incurred in the management 

 of the road, including the salaries of officers, which 

 shall be reported separately. 



24. The amount expended for repairs of road and 

 maintenance of way, including repairs and renewals 

 of bridges and renewals of iron. 



25. The amount expended for improvements, and 

 whether the same are estimated as a part of the ex- 

 penses of operating or repairing the road, and if 

 either, which ? 



26. The amount expended for motive power and 

 cars. 



27. The amount expended for station-houses, build- 

 ings, and fixtures. 



28. All other expenses for maintenance of way. 



29. All other expenses for other purposes. 



30. The rate of fare for passengers for each month 

 for the same time, through and way passengers sepa- 

 rately. 



31. The tariff of freights, showing each change of 

 tariff during the same time, and a copy of each pub- 

 lished rate for passengers and freight issued to its 

 agents during the same time, and whether the pub 

 lished rates were those actually received ; if not, what 

 were received. 



32. The number of tons of freight carried one mile. 



33. The amount received per ton per mile. 



34. The average distance each ton was hauled, and 

 the average cost of hauling a ton of freight one mile. 



35. What freight and transportation companies run 

 on its road, and on what terms, and whether such 

 transportation companies use the cars of the railroad 

 company, or cars furnished by themselves. 



36. Whether the freight or cars of such transporta- 

 tion companies are given any preference in speed or 

 order of transportation ; and if so, in what particular ? 



SEC. 10. The said commissioners may propound any 

 additional interrogatories, which shall be answered by 



