Page:United States Statutes at Large Volume 18 Part 3.djvu/142

 [12 FORTY-THIRD CONGRESS. Sess. I. Ch. 331, 332. 1874. approved July first, eighteen hundred and sixty-two," the following words, namely: °‘And any officer or agent of the companies authorized to construct_the aforesaid roads, or of any company engaged in operat- R<>*'¤¤¤l*=Q°P°*¤F° ing either of said roads, who shall refuse to operate and use the road or §§f_,;‘°;;Pfj§f;,1:§f:; telegraph under his control, or which he is engaged in operating for all noe, are., penalty. purposes of communication, travel, and transportation, so far as the public and the Government are concerned, as one continuous line, or shall refuse, in such operation anduse, to afford and secure to each of said roads equal advantages and facilities as to rates, time, or transportation, without any discrimination of any kind in favor of, or adverse to, the road or business of any or either of said companies, shall be deemed guilty of a misdemeanor, aud, upon conviction thereof, shall be fined in any sum not exceeding one thousand dollars, and may be imprisoned not less hl ¢¤¤•¤ <>f_f'¤·i1¤¤>» than six months. In case of failure or refusal of the Union Pacific Railffgg {{,,,E:L“;5‘“C,£:f road Company, or either of said branches, to comply with the requirep,,,,,-, 0, i,,,,,,,,;,,,,, ments of this act and the acts towhich this actis amendatory, the party to comply, ao., pat injured or the company aggrieved may bring an action in the district {piss cf*€S¥;°}’°*} dm? or circuit court of the United States in the Territory, district, or circuit ,,*;;,7 ““‘ ‘” "“" in which any portion of the road of the defendant may be situated, for damages on account of such failure or refusal; and, upon recovery, the Treble damages, plaintiff shall be entitled to judgment for treble the amount of all excess &°·· my b° ¥¤°°*'· of freight and fares collected by the defendant, and for treble the amount md" of damages sustained by the plaintiif by such failure or refusal; and for each and every violation of or failure to comply with the requirements of this act, a new cause of action shall arise; and in case of suit in any Service ofproeess. such Territory, district, or circuit, process may be served upon any agent of the defendant found in the Territory, district, or circuit in which such suit may be brought, and such service shall be by the court held ‘ to be good and sufficient; and it is hereby provided that for all the purposes of said act and of the acts ameudatory thereof, the railway of Denver Pool uc the Denver Pacific Itailway and Telegraph Company shall be deemed §¤¤;:'¤y* *><>_ be and taken to be a part and extension of the road of the Kansas Pacino °;.’°,Q:mBa;’;,:;‘f,{c°“ Railroad, to the point of junction, thereof with the road of the Union 1869, ,.;,_ 127, ,.},]_ Pacific Railroad Company at Cheyenne, as provided in the act of March xv, p. 324. third, eighteen hundred and sixty-nine. Approved, June 20, 1874. Juno 20, 187% CHA]?. 3§2.——An act amend the act entitledan act transferring the control of certain Territorial pemtentiarles to the several Territories in which the same are located," xvii, p' 4,8. approved January twenty-fourth, eighteen hundred and seventy-three. Be it enacted by the Senate and House of Representatives of the United p,,,,,,,,,,,,;,,,;,,,, in States of America in Congress assembled, That the act entitled “An act montana, ru aho, transferring the control of certain Territorial penitentiaries to the sev· ¤}3dl_W>'°¤¤*¤*S T°*· eral Territories in which the same are located," approved January ' ° ’°°‘ twenty-fourth, eighteen hundred and seventy-three, be, and the same is hereby, amended by striking out the words Montana, Idaho, and Wyoming wherever the same occur in said act, and the said act shall here- ., ggter have no applicability to the Territories of Montana, Idaho, and yoming. . To 0,,,,,;,,,,,, ,,,,,1,,, Sec. 2. That the penitentiaries in the Territories of Montana, Idaho, control of United and Wyoming, shall continue under the care and control of the marshal Bmes m¤*¤h¤1¤· of the United States for said Territories, under and pursuant to the pro— visions of the act entitled “An act in relation to certain territorial penisrl, en. 15, vol. itentiaries," approved J anuary tenth, eighteen hundred and seventy-one - XV"- 1*398- which said last mentioned act is hereby revived and- reiiuacted so far as the same applies to the Territories of Montana, Idaho, and Wyoming. Approved, June 20, 1874. ,