corporation limits of cities within the State having a population of twenty-five hundred or more inhabitants, according to the last preceding United States census, and any express company failing to deliver such express matter shall be fined in a sum not to exceed one hundred dollars, or less than ten dollars, for each and every offense.

[1901 S., p. 149. Approved March 7, 1901.]

2911f. Equal terms to all consignors. 1. That all copartnerships, associations of persons, individuals, joint stock associations, corporations, or companies, usually called express companies, now engaged, or that may hereafter engage in the business of carrying or transporting money, merchandise or other articles, over, or upon any of the railroads operating in this State, and receiving or agreeing to receive compensation for such services, shall grant to cach and all consignors, including other responsible express companies as consignors, equal terms, facilities, accommodations and usages, in the receipt, carriage, continuance of carriage, and delivery of money and property usually carried by express companies, and they are prohibited from granting to any one carrier, class or combination of carriers, any terms, credit, privileges, advantages, usages, accommodations or facilities in the receipt, transmission or delivery of express matter that they do not grant to all others, and the granting of any credit, privileges, terms, usages, facilities or advantages to any one person, carrier, company or combination or class of companies, carriers or persons, that are not granted to all other responsible carriers or persons shall be, and is hereby declared unjust and unlawful discrimination. And every carrier of express matter shall at each office and station where it receives, forwards or delivers money or property of any kind keep a printed schedule of its rates and charges which shall at all times be open for public inspection.

2911g. Statement of capitalization. 2. Every corporation not incorporated and organized under the laws of this State, every joint stock association not organized under the laws of this State, and every copartnership, or association of persons, whose members do not reside in this State, and whose principal office and place of business shall not be within this State, commonly known as express companies, may as common carriers within the State of Indiana receive, transport, and deliver from and to points within the State any money, merchandise or other article of State commerce, only upon the condition that they shall file in the office of the Secretary of State, a sworn statement, to be made by its president and secretary, if a corporation or joint stock association, and if a copartnership by a member and general manager of the business thereof, showing, in case it is a corporation or joint stock association, the amount of its authorized capitalization, as evidenced by its issuance of certificates of shares of stock, and in case it is a copartnership, the gross amount of capital contributed or paid to such copartnership, to be used as capital in carrying on its business; and shall at the time of filing such statements pay to the Secretary of State the following sums: If the capitalization thereof is ten thousand dollars, or under, ten dollars; if over ten thousand dollars, one-tenth of one per cent upon the amount of such capitalization of such corporation, association, or copartnership. And it shall be unlawful for any of such corporations, associations, or copartnerships, to carry on or continue in the business in this section of this act mentioned, without having complied with the provisions of this section; and it is further enacted that the sums mentioned herein shall be paid in addition to all other taxes required by any other law to be paid by such carriers, corporations, associations and copartnerships.

2911h. Restraint of commerce unlawful. 3. It shall be unlawful for any carrier, corporation, association or copartnership mentioned in this act to enter into any contract, conspiracy, combination in the form of trust or otherwise, in restraint of or to obstruct commerce within the State in any article of trade, or in the carriage thereof, or to hinder, delay or obstruct any other carrier in the carriage of express matter, or stifle competition, or create or continue a monopoly in the express business, or to do any of the things forbidden

or declared unlawful by this act; and it shall also be unlawful to hereafter do or cause any act to be done to carry out or assist in any manner in carrying into effect the object or purpose of any combination and conspiracy heretofore entered into in this State or elsewhere to obstruct the business of any other carrier or to stifle competition in the express business,

2911i. Penalty. 4. Any such carrier, corporation, copartnership,

or association failing to comply with any of the provisions of this act or violating any of the provisions thereof, shall, upon being convicted of any such failure or violation in an action to be brought in the name of the State of Indiana by the Prosecuting Attorney of the county in which the offense occurs, forfeit and pay to the State five hundred dollars for each offense, and the commencement of such action, service of process and proceedings therein shall conform to the rules governing proceedings in civil actions. And such offending carriers, corporations, associations or copartnerships shall also be liable in any court of competent jurisdiction in a civil action to be brought by and in the name of any person injured by any violation of this act, and such person may recover threefold the amount of his actual damages shown, and shall also have a remedy by injunction in any Circuit or Superior Court of this State to command any of the acts or things required to be done and to prohibit any of the acts forbidden by this act, and the word “person” herein, shall be construed to include any corporation, copartnership, or association of persons.

2911j. Duty of prosecuting attorney. 5. It shall also be the duty of the Prosecuting Attorney of the several circuits and counties of this State, in case of receiving information of any omission on the part of any corporation, association or copartnership, or officer, manager or agent thereof to do any of the acts hereby required to be done, or information of any violation of this act to file an information in the Circuit Court of any county in the State in which such violation or omission occurs, in the name of the State on the relation of such prosecutor, to forfeit the rights of any such corporation, copartnership, or association to do business in this State and to restrain the continuation of business by such corporation, copartnership or association, such proceedings to be conducted in the same manner that like proceedings are by the laws of this State now authorized against corporations or associations doing or omitting to do acts, which amount to a surrender or forfeiture of their rights and privileges. And for the services of such Prosecuting Attorneys, there shall be paid from the amounts recovered by them in any action, a sum equal to twenty per cent of the full amount received.

2911k. Laws repealedException. 6. All laws and parts of laws conflicting herewith are repealed; but it is expressly enacted that none of the provisions of "An act concerning taxation, repealing all laws in conflict therewith," approved March 6th, 1891, or of any act amending or supplementing the same shall be repealed or affected by the provisions of this act,

ARTICLE 4-FOREIGN EXPRESS COMPANIES.

SEC.

2912. Common carriers.

2913. Statement to be filed.

SEC.
2914. Sults.

[1879 S., p. 146. In force March 29, 1879.]

2912. Common carriers. 1. All copartnerships, associations of persons, joint stock associations, or companies not organized or incorporated under the laws of this State, usually called express companies, regularly engaged or hereafter engaged in the business of carrying or transporting money, merchandise, or other articles over or upon any of the railroads, rivers, canals, or other thoroughfares in this State, and receiving or agreeing to receive compensation for such services, are hereby declared common carriers, and shall be subject to all the liabilities to which common carriers, by law, are subject.

1. An express company is a common carrier, and is liable for loss occasioned by the delivery of a package to the wrong person.-Am. Express Co. v. Stack, 29 Ind. 27; Green, etc., Nav. Co. v. Marshall, 48 id. 596.

Corporations filed.

Railroads," post.

2. A common carrier may limit his liability as an insurer by express contract, though not by usage or notice.— E. & C. R. R. Co. v. Young, 23 Ind. 516. But he can not contract against liability for loss from his own negligence.-I. P. & C. R. R. Co. v. Allen, 31 Ind. 394; Ohio, etc., R. R. Co. v. Selby, 47 id. 471; St. Louis, etc., R. R. Co. v. Matthias, 50 id. 65. 3. For further references, see 2913. Statement to be 2. All such copartnerships, associations of persons, joint stock associations, or companies shall file in the office of the Recorder in each county in which their business is conducted, or where they may have an agency or office, a statement, setting forth the name and locality of such copartnership, association of persons, joint stock association, or company; the amount of capital employed in such business; and also an agreement authorizing citizens or residents of this State, having a claim or demand against such copartnership, association of persons, joint stock association, or company, arising out of any transaction in this State with an agent or employe of such copartnership, association of persons, joint stock association, or company, to sue for and maintain an action in respect to the same in any court of this State of competent jurisdiction; and further authorizing service of process in such action on any officer or agent of such copartnership, association of persons, joint stock association, or company to be valid service on such copartnerships, associations of persons, joint stock associations, or companies, and that such service shall authorize judgment and all other proceedings against such copartnerships, associations of persons, joint stock associations, or companies. Such statement and agreement shall be signed by the president or principal officer of the copartnership, association of persons, joint stock association, or company for which he may have authority to act, and shall be verified by oath or affirmation, before the same shall be admitted to record. The Recorder of every county, where such statement shall be filed, shall record the same, and shall be entitled to demand and receive from such copartnership, association of persons, joint stock association, or company, for the services herein required, the sum of two dollars. Until such statement and agreement shall be filed and recorded, it shall not be lawful for any such copartnership, association of persons, joint stock association, or company to transact, in any county in this State, the business named in the preceding section; and any copartnership, association of persons, joint stock association, or company, or any officer, agent, or employe thereof, violating the provisions herein contained, shall, for every such offense, be guilty of a

misdemeanor, and, on conviction thereof, be fined not less than ten nor more than one hundred dollars.

2914. Suits. 3. All such copartnerships, associations of persons, joint stock associations, or companies may sue and maintain suits, and be sued and defend suits, in any court of competent jurisdiction in this State, in and by the name set forth in the statement required to be filed and recorded in this act; and the record, or a certified copy thereof, of such statement shall be deemed sufficient proof, on the trial thereof, of the existence of such copartnerships, associations of persons, joint stock associations, or companies. But until such copartnerships, associations of persons, joint stock associations, or companies shall comply with the provisions of the preceding section, it shall not be lawful for such copartnerships, associations of persons, joint stock associations, or companies, to sue and maintain an action for any claim or demand whatever against any citizen of this State, arising out of any transaction connected with such express business in this State.

NOTES TO CHAPTER 17.

2904. Conditions on tickets. The wrongful refusal, or failure, of a common carrier to carry passengers is a tort, for which an action will lie (Cinc. etc. Co. v. Eaton, 94-474; Lake etc. Co. v. Fix, 88-381; Tol. etc. Co. v. M'Donough, 53-289; Jeff'ville etc. Co. v. Rogers, 28-1; S. C., 38-116); Lake etc. Co. v. Acres, 108-550. 2904-11. Passenger tickets. This act is constitutional; Fry v. State, 63-552. 2911. Special tickets excepted. A ticket having stamped, upon its face, the word "special" is, prima facie, exempt from the provisions of this statute (sections 2904-11.) The intention was to exempt, from the operation of the statute all special tickets,. whether half fare, or excursion tickets, or special in any other respect; State v. Fry, 81-8.

[1901 S., p. 111. Approved March 5, 1901.]

2914a. Congressional districts. 1. The State of Indiana shall be, and hereby is, divided into thirteen districts for the election of representatives in the Congress of the United States, each of which districts shall be entitled to one representative.

2914b. Limits. 2. The limits of each district shall be as described in the following sections numbered three to fifteen. inclusive. in this act. 2914c. First district. 3. The counties of Gibson, Pike, Posey, Spencer, Vanderburgh, Warrick, shall constitute the First District.

2914d. Second district. 4. The counties of Knox, Sullivan, Daviess, Greene, Owen, Monroe, Martin, Lawrence, shall constitute the Second District. 2914e Third district. 5. The counties of Dubois, Orange, Crawford, Perry, Washington, Harrison, Floyd, Clark, Scott, shall constitute the Third District.'

2914f. Fourth district. 6. The counties of Jackson, Brown, Bartholomew, Jennings, Ripley, Dearborn, Ohio, Switzerland, Jefferson, and Johnson, shall constitute the Fourth District.

2914g. Fifth district. 7. The counties of Clay, Hendricks, Morgan, Parke, Putnam, Vermillion, Vigo, shall constitute the Fifth District. 2914h. Sixth district. 8. The counties of Fayette, Franklin, Hancock, Henry, Decatur, Rush, Shelby, Union, Wayne, shall constitute the Sixth District.

29141. Seventh district. the Seventh District.

2914j. Eighth district.

9. The county of Marion shall constitute

10. The counties of Madison, Delaware, Randolph, Jay, Wells, and Adams, shall constitute the Eighth District. 2914k. Ninth district. 11. The counties of Fountain, Montgomery, Boone, Clinton, Carroll, Tipton, Hamilton and Howard shall constitute the Ninth District.

29141. Tenth district. 12. The counties of Benton, Jasper, Lake, Laporte, Newton, Porter, Tippecanoe, Warren, White, shall constitute the Tenth District.

2914m. Eleventh district. 13. The counties of Blackford, Cass, Grant, Huntington, Miami and Wabash, shall constitue the Eleventh District. 2914n. Twelfth district. 14. The counties of Allen, Dekalb, Lagrange, Noble, Steuben and Whitley, shall constitute the Twelfth District.

29140. Thirteenth district. 15. The counties of Elkhart, Fulton, Kosciusko, Marshall, Pulaski, Starke, St. Joseph, shall constitute the Thirteenth District.