Browse Arkansas Code titles and sections
23-4-612. Railroads — Switching charges on coal cars.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-612. Railroads — Switching charges on coal cars.
(a) When any railroad in Arkansas moves coal in car lots from one (1) switch or spur on its line to a connecting line and the distance is not more than two and one-half (2½) miles, it shall be allowed to charge and collect for such services three dollars ($3.00) per car.
(b) If the railroad company performing the service described in subsection (a) of this section also furnishes the car in which the freight is loaded, it shall be permitted to charge and collect ten cents (10¢) per ton for the service so rendered.
(c) This section shall not apply to switch limits of cities of the first and second class.
(d) Any railroad company violating the provisions of this section shall be punished as is provided in § 23-4-706.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-612
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-4-612
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1c55b08bb148a24c1e3a4e8c658e9c679cca27945fe3fb796d6c8d311a2ece27
Source location: content.xml paragraph 3919
Stored source content
23-4-612. Railroads — Switching charges on coal cars.
(a) When any railroad in Arkansas moves coal in car lots from one (1) switch or spur on its line to a connecting line and the distance is not more than two and one-half (2½) miles, it shall be allowed to charge and collect for such services three dollars ($3.00) per car.
(b) If the railroad company performing the service described in subsection (a) of this section also furnishes the car in which the freight is loaded, it shall be permitted to charge and collect ten cents (10¢) per ton for the service so rendered.
(c) This section shall not apply to switch limits of cities of the first and second class.
(d) Any railroad company violating the provisions of this section shall be punished as is provided in § 23-4-706.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-706. Penalties — Actions to recover.
(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of this act or aids or abets, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department and for which there is no other penalty prescribed in this act, then the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of this act or such tariff of charges or rules and regulations.
(b)(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur.
(2)(A) The department shall institute the action, and actions for the recovery of the penalties prescribed in this act, through the prosecuting attorney of the proper district.
(B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(C) If any prosecuting attorney shall neglect for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court but not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3) No such suit shall be dismissed or compromised without the consent of the court and of the department.
(c) In all trials of cases brought for a violation of any tariff charges by the department, it may b
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-706
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-4-706. This identifies an authority to review, not proof of applicability.