has been observed by them up to the present time_.: It was provided in the act that "Any railroad company, or any officer, agent or representative thereof, who shall violate any pro- vision of this act shall be guilty of a felony and, upon convic- tion thereof, shall be punished by a fine not exceeding five thousand (5,000) dollars, or by imprisonment in the State prison for ? period not exceeding five (5) years, or both such fine and imprisonment." On'the eighteenth of April, 1907, the le?l_,,ture passed an act (chapter 232 of the laws of that year), which established rates for the transportation of certain commodities (not in- cluded in the Western Clasdfication) hetwcen stations in that State. The act divided the commodities to which it referred into seven classes, and set forth a schedule of maximum rates for each class when transported in carload 10rs and established the minimum weight which constituted a carload of each class. Section 5 provided that it should not affect the power o? authority of the Railroad and Warehouse Commission, except that no duty should rest upon that commission to enforce any rates speci?cally fixed by the act or any other statute of the State. The section' further provided generally that the orders made by the Railroad and Warehouse Commission prescribing rates should be the exclusive legal maxim_urn rates for the transportation of the _commodities enumerated in the act be- tween points within that State. Section 6 directed that every railroad company in the State should adopt and publish and put into effect the rates specified in' the statute, and that every officer, director, traffic manager or agent or employ? of such railroad company should cause the adoption, publication and use by such railroad company of rates not exceeding those specified in the act; "and any officer, director or such agent or employ? of any such railroad company who violates any of the provisions of this section, or who causes or counsels, adv/ses or assists any such railroad company to violate any of the provisions of this section, shall be guilty of a m/gdemcanor, and may be prosecuted therefor
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