Page:Federal Reporter, 1st Series, Volume 5.djvu/656

64e FEDERAL REPORTER. �business in this state, by its agents or employes, shall be guilty of a violation of the rules and regulations provided and pre- Boribed by said commissioners, and if, after due notice of such violation given to the principal officer thereof, ample and fuU recompense for the wrong or injury done thereby to any person or corporation, as may be directed by said com- missioners, shaU not be made -within 30 days from the time of Buch notice, such company shall incur a penalty for each offence of not less than $1,000, nor more than $6,000, to be fixed by the presiding judge. An action for the recovery of such penalty shall lie in any county in the state where such violation bas occurred, or wrong has been perpetrated, and shall be in the name of the state of Georgia. The commis- sioners shall institute such action through the attorney-gen- eral or solicitor-general, whose fees shall be the same as now provided by law." �By authority of this act James M. Smith, Campbell Wal- lace, and Samuel Barnett were appointed railroad commis- sioners, and were qualified and entered upon the discharge of their duties. �The commissioners, as required by law, prepared and pro- mulgated a standard schedule of just and reasonable rates of charges for the transportation of passengers and freights and and cars, and required it to be observed, with such modifica- tions as might thereupon be set forth by such of the railroad corporations doing business in the state, and that copies of the schedule should be posted by the railroad companies at ail their stations, and that the same should go into f uU effe.ct and operation on May 1, 1880. �Thereupon the complainant în this case, George H. Tilley, who averred himself to be an alien, and a stockholder in the Savannah, Florida & Western Railroad Company, a railroad corporation of the state of Georgia, filed bis bill, to which he made the said railroad company, James M. Smith, Campbell Wallace and Samuel Bamett, railroad commissioners, and Robert N. Ely, attomey-general of Georpa, parties defend- ant. �The bill alleged that the complainant was the holder of 100 ����