Page:Federal Reporter, 1st Series, Volume 5.djvu/655

THiLEY V. SAViNNAH, FtOEIDA & WESTERN B. 00. 643 �effect paragvàph 1, § 3, art. 4; aljove quoted. The act pro- vides (section 3) as follows: "That * * if any railroad corporation organized or doing business in this state under any act of incorporation or general law of this state now in force, or which may hereafter be enacted, or any railroad corporation organized, or which may hereafter be organized, under the laws of any other state, and doing business in this state, shall charge, colleet; demand, or receive more than a fair and reasonable rate of toll or compensation for the transpoi'tation of passengers or freight of any descrip- tion, or for the use and transportation of any railroad car upon its track, or any of its branches thereof, or upon any railroad within this state which it has the right, license, or permission to use, operate, or control, the same shall be deemed guilty of extortion, and, upon conviction thereof, shall bedealt with as hereinaf ter provided. " �The act further provides for the appointment of three rail- road commissioners, whose duty it shall be to make reason- able and just rates of freight and passenger tariffs to be ob- served by ail railroad companies doing business in this state on the railroads thereof. �Section 6 of the act declares as follows: "That the said railroad commissioners are hereby authorized and required to make for each of the railroad corporations doing business in this state, as soon as practicable, a schedule of just and reasonable rates of charges for the transporation of passen- gers and freights and cars on each of said railroads ; and said schedule shall, in suits brought against any such railroad cor- porations wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or un just discrimination in relation thereto, be deemed and taken in ail courts of this state as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads; and said commissioners shall, from time to time, and as oflen as circumstances may require, change ^nd revise said schedule." �Section 9 provides "that if any railroad company doing ����