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Contents
1. Cover Page

2. About This eBook

3. Title Page

4. Copyright Page

5. Credits
6. About the Authors

7. About the Technical Reviewers

8. Dedications

9. Acknowledgments
10. Contents at a Glance

11. Reader Services

12. Contents

13. Icons Used in This Book

14. Command Syntax Conventions

15. Introduction

16. Part I: Wireless Design (ENWLSD)

1. Chapter 1. Wireless Design Requirements

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Following a Design Process

4. Evaluating Customer Requirements

5. Evaluating Client Requirements

6. Choosing AP Types

7. Evaluating Security Requirements

8. AP Deployment Models

9. Summary
 10. Exam Preparation Tasks

11. Review All Key Topics

12. Define Key Terms

2. Chapter 2. Conducting an Offsite Site Survey

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. The Effect of Material Attenuation on Wireless Design

4. Common Deployment Models for Different Industries

5. Designing with Regulations in Mind

6. Choosing the Right Survey Type

7. A Survey of Wireless Planning Tools

8. Conducting a Predictive Site Survey

9. Summary

10. References

11. Exam Preparation Tasks

12. Review All Key Topics

13. Define Key Terms

3. Chapter 3. Conducting an Onsite Site Survey

1. “Do I Know This Already?” Quiz

2. Foundation Topics
3. Performing a Walkthrough Survey

4. Performing a Layer 1 Survey

5. Performing a Layer 2 Survey

6. Performing a Post-Deployment Onsite Survey

7. Summary

8. References

9. Exam Preparation Tasks

10. Review All Key Topics

11. Define Key Terms

4. Chapter 4. Physical and Logical Infrastructure Requirements

1. “Do I Know This Already?” Quiz

 2. Foundation Topics

3. Physical Infrastructure Requirements

4. Logical Infrastructure Requirements

5. Summary

6. References

7. Exam Preparation Tasks

8. Review All Key Topics

9. Define Key Terms

5. Chapter 5. Applying Wireless Design Requirements

1. “Do I Know This Already?” Quiz

2. Foundation Topics
3. Defining AP Coverage

4. Expanding Coverage with Additional APs

5. Designing a Wireless Network for Data

6. Designing a Wireless Network for High Density

7. Designing a Wireless Network for Voice and Video

8. Designing a Wireless Network for Location

9. Summary

10. Exam Preparation Tasks

11. Review All Key Topics

12. Define Key Terms

6. Chapter 6. Designing Radio Management

1. “Do I Know This Already?” Quiz

2. Foundation Topics
3. Understanding RRM

4. Localizing RRM with RF Profiles

5. Optimizing AP Cell Sensitivity with RxSOP

6. Summary
7. Exam Preparation Tasks

8. Review All Key Topics

9. Define Key Terms

7. Chapter 7. Designing Wireless Mesh Networks

1. “Do I Know This Already?” Quiz

2. Foundation Topics
3. Mesh Network Architecture and Components

4. Site Preparation and Planning

5. Mesh Convergence and Traffic Flows

6. Cisco Wi-Fi Mesh Configuration

7. Daisy-Chaining Wireless Mesh Links

8. Workgroup Bridges

9. Summary

10. References
11. Exam Preparation Tasks

12. Review All Key Topics

13. Define Key Terms

8. Chapter 8. Designing for Client Mobility

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Roaming Review

4. Organizing Roaming Behavior with Mobility Groups

5. Optimizing AP Selection for Client Roaming

6. Optimizing Security Processes for Roaming

7. Summary

8. Exam Preparation Tasks

9. Review All Key Topics

10. Define Key Terms

9. Chapter 9. Designing High Availability

1. “Do I Know This Already?” Quiz

2. Foundation Topics
3. Making Controller Connectivity More Resilient

4. Designing High Availability for APs

5. Designing High Availability for Controllers

 6. Summary

7. Exam Preparation Tasks

8. Review All Key Topics

9. Define Key Terms

17. Part II: Wireless Implementation (ENWLSI)

1. Chapter 10. Implementing FlexConnect

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Remote Office Wireless Deployment Modes

4. FlexConnect Overview and Requirements

5. Implementing FlexConnect with AireOS

6. FlexConnect High Availability and Resiliency

7. FlexConnect ACLs

8. FlexConnect Smart AP Image Upgrades

9. Implementing FlexConnect with IOS-XE Controllers

10. A Summary of FlexConnect Best Practices
Recommendations

11. Office Extend

12. Summary

13. References
14. Exam Preparation Tasks

15. Review All Key Topics

16. Define Key Terms

2. Chapter 11. Implementing Quality of Service on a Wireless

Network
1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. An Overview of Wireless QoS Principles

4. Implementing QoS Policies on the Wireless Controller

5. Implementing QoS for Wireless Clients

6. Implementing Application Visibility and Control

 7. Summary

8. References

9. Exam Preparation Tasks

10. Review All Key Topics

11. Define Key Terms

3. Chapter 12. Implementing Multicast

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Multicast Overview

4. Implementing mDNS

5. Implementing Multicast Direct

6. Summary

7. References

8. Exam Preparation Tasks

9. Review All Key Topics

10. Define Key Terms

4. Chapter 13. Location Services Deployment

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Indoor Location
4. Deploying Location Services

5. Tracking Clients, RFID Tags, Rogues, and Interferers

6. Customizing Location Services

7. Summary
8. References

9. Exam Preparation Tasks

10. Review All Key Topics

11. Define Key Terms

5. Chapter 14. Advanced Location Services Implementation

1. “Do I Know This Already?” Quiz

2. Foundation Topics
 3. CMX and DNA Spaces Services and Licenses

4. Implementing Analytics

5. Implementing Guest Portals

6. Implementing WIPS on MSE

7. Ensuring Location Operational Efficiency

8. Summary

9. References
10. Exam Preparation Tasks

11. Review All Key Topics

12. Define Key Terms

6. Chapter 15. Security for Wireless Client Connectivity

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Implementing 802.1X and AAA on Wireless

Architectures

4. Implementing Client Profiling

5. Implementing BYOD and Guest

6. Summary

7. References

8. Exam Preparation Tasks

9. Review All Key Topics

10. Define Key Terms

7. Chapter 16. Monitoring and Troubleshooting WLAN

Components

1. “Do I Know This Already?” Quiz

2. Foundation Topics

3. Using Reports on Cisco Prime Infrastructure and DNAC

4. Managing Alarms on Cisco Prime Infrastructure and

DNAC
5. Troubleshooting Client Connectivity

6. Troubleshooting and Managing RF Interferences

7. Summary
 8. References

9. Exam Preparation Tasks

10. Review All Key Topics

11. Define Key Terms

8. Chapter 17. Device Hardening

1. “Do I Know This Already?” Quiz

2. Foundation Topics
3. Implementing Device Access Controls

4. Implementing Access Point Authentication

5. Implementing CPU ACLs on the Wireless Controller

6. Summary
7. References

8. Exam Preparation Tasks

9. Review All Key Topics

10. Define Key Terms

9. Chapter 18. Final Preparation

1. Getting Ready

2. Tools for Final Preparation

3. Suggested Plan for Final Review/Study

4. Summary
18. Appendix A. 802.11ax

1. Efficiency

2. New Scheduling Method

3. IoT Improvements
19. Appendix B. Software-Defined Access with Wireless

1. SDA Network Architecture—Underlay and Overlay Networks

2. Fabric Control, Data, and Security Planes

3. Wireless Capabilities of SDA

20. Appendix C. RRM TPC Algorithm Example

1. Viewing an NDP Neighbor List

2. Neighbor Lists for the Example Scenario

 3. Performing the TPC Algorithm

21. Appendix D. Answers Appendix

22. Appendix E. CCNP Enterprise Wireless Design ENWLSD 300-425 and

Implementation ENWLSI 300-430 Exam Updates

1. Always Get the Latest at the Book’s Product Page

2. Technical Content

23. Glossary
24. Index

25. Appendix F. Study Planner

26. Where are the companion content files? - Register

27. Inside Front Cover

28. Inside Back Cover

29. Access Card

30. Code Snippets

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 CCNP Enterprise Wireless
Design ENWLSD 300-425
and Implementation
ENWLSI 300-430
Official Cert Guide: Designing &
Implementing Cisco Enterprise
Wireless Networks

Jerome Henry, CCIE No. 24750

Robert Barton, CCIE No. 6660

David Hucaby, CCIE No. 4594

Cisco Press
CCNP Enterprise Wireless Design
ENWLSD 300-425 and Implementation
ENWLSI 300-430 Official Cert Guide:
Designing & Implementing Cisco
Enterprise Wireless Networks

Jerome Henry
Robert Barton
David Hucaby

Copyright© 2021 Cisco Systems, Inc.

Published by:
Cisco Press
Hoboken, New Jersey

All rights reserved. This publication is protected by copyright,

and permission must be obtained from the publisher prior to
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No patent liability is assumed with respect to the use of the

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been taken in the preparation of this book, the publisher and
author assume no responsibility for errors or omissions. Nor is
any liability assumed for damages resulting from the use of the
information contained herein.
ScoutAutomatedPrintCode

Library of Congress Control Number: 2020909660

ISBN-13: 978-0-13-660095-4

ISBN-10: 0-13-660095-6

Warning and Disclaimer

This book is designed to provide information about the CCNP

Enterprise Wireless Design ENWLSD 300-425 and Enterprise
Wireless Implementation ENWLSI 300-430 exams. Every effort
has been made to make this book as complete and as accurate as
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Credits
Figure 3-1 Screenshot of a view of a wireless (non-802.11)
camera in Metageek Chanalyzer © MetaGeek, LLC

Figure 3-2 Screenshot of well-known signal types in Metageek

Chanalyzer © MetaGeek, LLC

Figure 3-5 Screenshot of Ekahau Site Survey Pro © 2020

Ekahau

Figure 7-1 Tatiana Grozetskaya/123RF

About the Authors
Jerome Henry, CCIE No. 24750, is a Principal Engineer in
the Office of the Wireless CTO at Cisco Systems. Jerome has
more than 15 years’ experience teaching technical Cisco courses,
in more than 15 countries and four languages, to audiences
ranging from bachelor’s degree students to networking
professionals and Cisco internal system engineers. Focusing on
his wireless and networking experience, Jerome joined Cisco in
2012. Before that time, he was consulting and teaching about
heterogeneous networks and wireless integration with the
European Airespace team, which was later acquired by Cisco to
become its main wireless solution. He then spent several years
with a Cisco Learning Partner, developing networking courses
and working on training materials for emerging technologies.

Jerome is a certified wireless networking expert (CWNE No.

45), has developed multiple Cisco courses, and authored several
wireless books and video courses. Jerome holds more than 150
patents, is a member of the IEEE, where he was elevated to
Senior Member in 2013, and also represents Cisco in multiple
Wi-Fi Alliance working groups. With more than 10,000 hours in
the classroom, Jerome was awarded the IT Training Award Best
Instructor silver medal. He is based in Research Triangle Park,
North Carolina.

Robert Barton, CCIE No. 6660, is a Distinguished Architect

with Cisco and has worked in the wireless field for over 20
years, assisting with some of the largest Wi-Fi deployments
globally. He graduated from the University of British Columbia
with a degree in engineering physics and is a registered
professional engineer. Rob holds dual CCIEs, in Routing and
Switching and Security, and is a CCDE. Rob also holds patents
in the areas of wireless communications, IoT, segment routing,
and AI/machine learning. Rob is also a regular presenter at
Cisco Live and has been inducted into Cisco’s Distinguished
Speaker Hall of Fame. Rob is located in Vancouver, Canada,
where he lives with his wife and two teenage children.

David Hucaby, CCIE No. 4594, CWNE No. 292, is a lead

network engineer for University of Kentucky HealthCare, where
he focuses on wireless networks in a large medical environment.
David holds bachelor’s and master’s degrees in electrical
engineering. He has been authoring Cisco Press titles for 20
years. David lives in Kentucky with his wife, Marci, and two
daughters.
About the Technical Reviewers
Samuel Clements is a Mobility Practice Manager for Presidio
(www.presidio.com), a VAR in the United States. He is CCIE
#40629 (Wireless) and CWNE #101 and is active in all things
Wi-Fi. You can find him blogging at www.sc-wifi.com or on
Twitter at @samuel_clements. When he’s not doing Wi-Fi
things, he’s spending time in Tennessee with his wife, Sara, and
his two children, Tristan and Ginny.
Dedications
Jerome Henry:

In many ways, this century (and probably the previous ones)

resembles Wi-Fi. Every few years, new developments
fundamentally change the way we work and communicate. Each
time we look back a few years, we realize that today we have
more information to absorb and more new technologies to
understand. What was concluded as impossible is now
experimented with or achieved sooner and faster than we
thought. As you open this book, dear reader, to prepare for the
CCNP exam, you know that this step may look steep today, but
it will soon be just a memory of a time you knew less and could
do less. Your will to excel and deepen your knowledge is what
you, dear reader, give to us, the authors, as a reason to continue
sharpening our expertise and share what we have learned on the
way. So this book is for you, dear reader, and your aspiration to
excellence. As my family blazon says, “sic itur ad astro”—this is
how you reach for the stars!

Robert Barton:

When you come to the end of a long book project, it’s an

interesting experience to step back and reflect on your
memories of the many hours spent over weekends, evenings,
and holidays to accomplish a work such as this. For me, my
enduring memory will be a connection to the early days of the
coronavirus stay-at-home period, trying to balance all the
unexpected new demands of life with finishing a book. During
this time of change we found ways to support each other—
physically, emotionally, and spiritually. For this, I dedicate our
book to the three most important people in my life—my
beautiful wife, Loretta, and my two boys, Adrian and Matthew.

David Hucaby:

As always, my work is dedicated to my wife and my daughters,

for their love and support, and to God, who has blessed me with
opportunities to learn, write, and work with so many friends—
abundant life indeed!
Acknowledgments
My dear wife, Corinne, often says that she knows “that look,”
she knows “that pace,” when I walk back and forth in the
corridor of our home leading to my office. She knows when I am
not satisfied with a sentence, critical of an explanation that I do
not find clear enough, or unhappy with an example or an
analogy that does not quite work like it should. Each time, she
patiently throws me a question to help me verbalize the problem
and, in the end, puts her finger on what was missing. This book
would not have been possible without her patience. “Patience
made human” is also how I see Brett Bartow, who helped us
navigate the complexity of changing exam scopes, and Ellie Bru,
who week after week herded us, her authors, corrected our
mistakes, and patted our backs to help us stay at the level of
quality she expected. If this book is not a collection of
disorganized notes on pieces of napkins, it is thanks to them.
And, of course, flying with three pilots only works if each of
them mixes excellence in their domain, acceptance that another
one may be covering the left or the right field, and a permanent
re-assessment of who is where, who has covered what, and who
has left what gap or ground to complete. I could not dream of
better co-pilots than Rob and Dave—two top guns who were
kind enough to accept me and enjoy this flight together.

—Jerome Henry

Writing a book can be a monumental undertaking. As we

started writing this book in mid-2019, we set out with a firm
plan that went through more changes than any of us ever
expected. However, for every challenge and curve ball we
encountered, we adapted, came together as a team, and rose to
the challenge. I am forever grateful to have worked with such
incredible co-authors like Jerome and David. Together, we
elevated our game and brought out the best in each other. I am
truly appreciative to have worked with you both—like Proverbs
says, “There is accomplishment through many advisers.” You
set the bar higher than I could have imagined, and in the end,
we crafted an exceptional piece of work together. Thank you,
guys!! I would also like to express my deep appreciation to Ellie
Bru for her enduring patience, especially for keeping us focused
during the hardest days of the coronavirus stay-at-home period
—when work got crazy and our chapter deadlines seemed to
loom every day. The sloth emojis and memes really helped
illuminate a bright spot of humor during those toughest days.

—Robert Barton

I am very grateful to Brett Bartow for giving me the opportunity

to work on this project. An unexpected blessing was for two
wireless projects to merge into one, allowing me to write
alongside Jerome Henry and Rob Barton—two legends and now
two friends! They have been great to work with, patient to help
me when I needed it, and gracious to make me feel welcome on
the team. Ellie Bru has been an awesome development editor
and has kept us motivated all along the way with
encouragement and funny GIFs. Nancy Davis joined us late in
the game and has been a welcome addition to the editorial staff.
Many thanks to Samuel Clements for his fine technical editing
and review. I have graduated from reading his blog to reading
his comments and suggestions. Finally, I would like to thank
Eldad Perahia for graciously explaining some complex concepts
when I was stuck.

—David Hucaby
Contents at a Glance
Introduction

Part I Wireless Design (ENWLSD)

Chapter 1 Wireless Design Requirements

Chapter 2 Conducting an Offsite Site Survey

Chapter 3 Conducting an Onsite Site Survey

Chapter 4 Physical and Logical Infrastructure Requirements

Chapter 5 Applying Wireless Design Requirements

Chapter 6 Designing Radio Management

Chapter 7 Designing Wireless Mesh Networks

Chapter 8 Designing for Client Mobility

Chapter 9 Designing High Availability

Part II Wireless Implementation (ENWLSI)

Chapter 10 Implementing FlexConnect

Chapter 11 Implementing Quality of Service on a Wireless

Network

Chapter 12 Implementing Multicast

Chapter 13 Location Services Deployment

Another random document with
no related content on Scribd:
in the Fortieth. The influences, brought to bear on members were as
likely to be operative upon them in the future as in the present, and
were so intended. Mr. Ames and Mr. Brooks have both continued
members of the House to the present time, and so have most of the
members upon whom these influences were sought to be exerted.
The committee are, therefore, of opinion that the acts of these men
may properly be treated as offenses against the present House, and
so within its jurisdiction upon the most limited rule.
Two members of the committee, Messrs. Niblack and McCrary,
prefer to express no opinion on the general jurisdictional questions
discussed in the report, and rest their judgment wholly on the
ground last stated.
In relation to Mr. Ames, he sold to several members of Congress
stock of the Credit Mobilier Company, at par, when it was worth
double that amount or more, with, the purpose and intent thereby to
influence their votes and decisions upon matters to come before
Congress.
The facts found in the report as to Mr. Brooks, show that he used
the influence of his official positions as member of Congress and
Government director in the Union Pacific Railroad Company, to get
fifty shires of the stock of the Credit Mobilier Company, at par, when
it was worth three or four times that sum, knowing that it was given
to him with intent to influence his votes and decisions in Congress,
and his action as a Government director.
The sixth section of the act of February 26, 1853, 10 Stat. United
States, 171, is in the following words:
“If any person or persons shall, directly or indirectly, promise,
offer, or give, or cause or procure to be promised, offered, or given,
any money, goods, right in action, bribe, present, or reward, or any
promise, contract, undertaking, obligation, or security for the
payment or delivery of any money, goods, right in action, bribe,
present, or reward, or any other valuable thing whatever, to any
member of the Senate or House of Representatives of the United
States, after his election as such member, and either before or after
he shall have qualified and taken his seat, or to any officer of the
United States, or person holding any place of trust or profit, or
discharging any official function under or in connection with any
Department of the Government of the United States, or under the
Senate or House of Representatives of the United States, after the
passage of this act, with intent to influence his vote or decision on
any question, matter, cause, or proceeding which may then be
pending, or may by law, or under the Constitution of the United
States, be brought before him in his official capacity, or in his place
of trust or profit, and shall thereof be convicted, such person or
persons so offering, promising, or giving, or causing or procuring to
be promised, offered, or given, any such money, goods, right in
action, bribe, present, or reward, or any promise, contract,
undertaking, obligation, or security for the payment or delivery of
any money, goods, right in action, bribe, present, or reward, or other
valuable thing whatever, and the member, officer, or person who
shall in anywise accept or receive the same, or any part thereof, shall
be liable to indictment as for a high crime and misdemeanor in any
of the courts of the United States having jurisdiction for the trial of
crimes and misdemeanors; and shall, upon conviction thereof, be
fined not exceeding three times the amount so offered, promised, or
given, and imprisoned in the penitentiary not exceeding three years;
and the person so convicted of so accepting or receiving the same, or
any part thereof, if an officer or person holding any such place of
trust or profit as aforesaid, shall forfeit his office or place; and any
person so convicted under this section shall forever be disqualified to
hold any office of honor, trust, or profit under the United States.”
In the judgment of the committee, the facts reported in regard to
Mr. Ames and Mr. Brooks would have justified their conviction
under the above-recited statute and subjected them to the penalties
therein provided.
The committee need not enlarge upon the dangerous character of
these offenses. The sense of Congress is shown by the severe penalty
denounced by the statute itself. The offenses were not violations of
private rights, but were against the very life of a constitutional
Government by poisoning the fountain of legislation.
The duty devolved upon the committee has been of a most painful
and delicate character. They have performed it to the best of their
ability. They have proceeded with the greatest care and deliberation,
for while they desired to do their full duty to the House and the
country, they were most anxious not to do injustice to any man. In
forming their conclusions they have intended to be entirely cool and
dispassionate, not to allow themselves to be swerved by any popular
fervor on the one hand, or any feeling of personal favor and
sympathy on the other.
The committee submit to the House and recommend the adoption
of the following resolutions.
“1. Whereas Mr. Oakes Ames, a Representative in this House from
the State of Massachusetts, has been guilty of selling to members of
Congress shares of stock in the Credit Mobilier of America, for prices
much below the true value of such stock, with intent thereby to
influence the votes and decisions of such members in matters to be
brought before Congress for action: Therefore,
Resolved, That Mr. Oakes Ames be, and he is hereby, expelled
from his seat as a member of this House.
2. Whereas Mr. James Brooks, a Representative in this House
from the State of New York, did procure the Credit Mobilier
Company to issue and deliver to Charles H. Neilson, for the use and
benefit of said Brooks, fifty shares of the stock of said company, at a
price much below its real value, well knowing that the same was so
issued and delivered with intent to influence the votes and decisions
of said Brooks, as a member of the House, in matters to be brought
before Congress for action, and also to influence the action of said
Brooks as a Government director in the Union Pacific Railroad
Company: Therefore,
Resolved, That Mr. James Brooks be, and he is hereby, expelled
from his seat as a member of this House.
The House, after much discussion, modified the propositions of
the committee of investigation, and subjected Oakes Ames and
James Brooks to the “absolute condemnation of the House.” Both
members died within three months thereafter.
The session was full of investigations, but all the others failed to
develop any tangible scandals. The Democrats demanded and
secured the investigation of the New York custom-house; the United
States Treasury; the use of Seneca sandstone; the Chorpenning
claim, and the Navy Department, etc. They were, as stated, fruitless.
 The “Salary Grab.”

At the same session—1871–’73, acts were passed to abolish the

franking privilege, to increase the President’s salary from $25,000 to
$50,000, and that of Senators and Representatives from $5,000 to
$7,500. The last proved quite unpopular, and was generally
denounced as “The Salary Grab,” because of the feature which made
it apply to the Congressmen who passed the bill, and of course to go
backward to the beginning of the term. This was not new, as earlier
precedents were found to excuse it, but the people were nevertheless
dissatisfied, and it was made an issue by both parties in the
nomination and election of Representatives. Many were defeated,
but probably more survived the issue, and are still enjoying public
life. Yet the agitation was kept up until the obnoxious feature of the
bill and the Congressional increase of salary were repealed, leaving it
as now at the rate of $5,000 a year and mileage.
A House committee, headed by B. F. Butler, on Feb. 7th, 1873,
made a report which gave a fair idea of the expenses under given
circumstances—the increase to be preserved, but the franking
privilege and mileage to be repealed. We quote the figures:
 Increase of President’s salary $25,000
00
Increase of Cabinet ministers’ salary 14,000 00
Increase of salary of judges United States Supreme Court 18,500 00
Increase of salary of Senators, Members, and Delegates 972,000
00

Total increase $1,029,500

00

Saving to the Government, according to the official statement of

the Postmaster-General, per annum, by the abolition of the $2,543,327
franking privilege 72
Saving to the Government by abolition of mileage, stationery, 200,000
postage, and newspaper accounts (estimated) 00

$2,753,327
72
1,029,500
00

Total net saving $1,713,827

72

The House passed a bill for the abolition of mileage, but in the
Senate it was referred to the Committee on Civil Service and
Retrenchment, and not again heard from. So that the increased pay
no longer obtains, the franking privilege only to the extent of mailing
actual Congressional documents, and mileage remains.
The following curious facts relating to these questions we take
from Hon. Edward McPherson’s admirable compilation in his
“Hand-Book of Politics” for 1874.
 Statement of Compensation and Mileage.

Drawn by U. S. Senators under the various Compensation Acts.

Mr. Gorham, Secretary of the Senate, prepared, under date of
January 3, 1874, a statement, in answer to a resolution of the Senate,
covering these points:
I.—The several rates of compensation fixed by various laws, and
the cases in which the same were retroactive, and for what
length of time.
1. By the act of September 22, 1789, the compensation of Senators
and Representatives in Congress was fixed at six dollars a day, and
thirty cents a mile for traveling to and from the seat of Government.
This rate was to continue until March 4, 1795. The same act fixed the
compensation from March 4, 1795, to March 4, 1796, (at which last
named date, by its terms, it expired,) at seven dollars a day, and
thirty-five cents a mile for travel. This act was retroactive, extending
back six months and eighteen days, namely, to March 4, 1789.
2. The act of March 10, 1796, fixed the compensation at six dollars
a day, and thirty cents a mile for travel. (This act extended back over
six days only.)
3. The act of March 19, 1816, fixed the compensation at $1,500 a
year, “instead of the daily compensation,” and left the mileage
unchanged. This act was retroactive, extending back one year and
fifteen days, namely to March 4, 1815. (This act was repealed by the
act of February 6, 1817, but it was expressly declared that no former
act was thereby revived.)
4. The act of January 22, 1818, fixed the compensation at eight
dollars a day, and forty cents a mile for travel. This act was
retroactive, extending back fifty-three days, namely, to the
assembling of Congress, December 1, 1817.
 5. The act of August 16, 1856, fixed the compensation at $3,000 a
year, and left the mileage unchanged. This act was retroactive,
extending back one year, five months, and twelve days, namely, to
March 4, 1855.
6. The act of July 28, 1866, fixed the compensation at $5,000 a
year, and twenty cents a mile for travel, (not to affect mileage
accounts already accrued.) This act was retroactive, extending back
one year, four months, and twenty-four days, namely, to March 4,
1865.
7. The act of March 3, 1873, fixed the compensation at $7,500 a
year, and actual traveling expenses; the mileage already paid for the
Forty-Second Congress to be deducted from the pay of those who
had received it. This act was retroactive, extending back two years,
namely, to March 4, 1871.
Note.—Stationery was allowed to Senators and Representatives
without any special limit until March 3, 1868, when the amount for
stationery and newspapers for each Senator and Member was limited
to $125 a session. This was changed by a subsequent act, taking
effect July 1, 1869, to $125 a year. The act of 1873 abolished all
allowance for stationery and newspapers.
II.—Names of Senators who drew pay under the retroactive
provisions of the several laws, amounts drawn, and dates of
same.
Act of 1789.—The records of my office do not furnish the exact
information desired under this head concerning the First Congress,
the compensation of which was fixed by act of September 22, 1789. It
appears, however, that the account of each Senator was made up,
and that each received the amount allowed by law. The following is a
copy from the record:
January 19, 1790.—That there is due to the Senators of the United
States for attendance in Congress the present session, to the 31st of
March inclusive, and expenses of travel to Congress, as allowed by
law, as follows, to wit:
Messrs. Richard Bassett, $496.50; Pierce Butler, $796; Charles
Carroll, $186; Tristram Dalton, $612; Oliver Ellsworth, $546.50;
Jonathan Elmer, $414; William Few, $833.50; John Henry, $596.50;
Benjamin Hawkins, $615; William S. Johnson, $544; Samuel
Johnson, $534; Rufus King, $522; John Langdon, $618; William
Maclay, $585; Robert Morris, $430.50; William Paterson, $514.50;
George Read, $195; Caleb Strong, $575.50; Philip Schuyler, $571.50;
Paine Wingate, $616.50.
Act of 1816.—The record contains no showing as to the amount
paid to Senators under the retroactive provision of the act of March
19, 1816. The following, taken from the books, shows the amount of
compensation paid to each Senator for the entire Congress, exclusive
of mileage:
Messrs. Eli P. Ashmun, $920; James Barbour, $2,850; William T.
Barry, $2,080; William W. Bibb, $2,070; James Brown, $2,980;
George W. Campbell, $2,950; Dudley Chace, $3,000; John Condit,
$2,980; David Daggett, $3,000; Samuel W. Dana, $2,640; Elegius
Fromentin, $3,000; John Gaillard, President, $6,000; Robert H.
Goldsborough, $2,840; Christopher Gore, $1,940; Alexander Contee
Hanson, $530; Martin D. Hardin, $900; Robert G. Harper, $1,450;
Outerbridge Horsey, $3,000; Jeremiah B. Howell, $3,000; William
Hunter, $2,930; Rufus King, $2,660; Abner Lacock, $3,000;
Nathaniel Macon, $2,946; Jeremiah Mason of New Hampshire,
$2,680; Armistead T. Mason of Virginia, $2,360; Jeremiah Morrow,
$3,000; James Noble, $920; Jonathan Roberts, $3,000; Benjamin
Ruggles, $3,000; Nathan Sanford, $2,720; William Smith, $540;
Montfort Stokes, $810; Charles Tait, $3,000; Isham Talbot, $2,730;
John Taylor of South Carolina, $1,990; Waller Taylor of Indiana,
$920; Thomas W. Thompson, $2,850; Isaac Tichenor, $3,000;
George M. Troup, $830; James Turner, $2,060; Joseph B. Varnum,
$3,000; William H. Wells, $2,610; John Williams, $3,000; James J.
Wilson, $3,000.
Act of 1818.—Under the retroactive provision of the act of
January 22, 1818, the following named Senators drew the amounts
for compensation and mileage opposite their respective names:
Messrs. Eli P. Ashmun, $668; James Barbour, $520; James Burril,
$762; George W. Campbell, $1,008; John J. Crittenden, $1,007.20;
David Daggett, $690.40; Samuel W. Dana, $283.20; Mahlon
Dickerson, $628.80; John W. Eppes, $584; James Fisk, $848;
Elegius Fromentin, $1,393.60; John Gaillard, $880; Robert H.
Goldsborough, $483.20; Outerbridge Horsey, $485.60; William
Hunter, $543.20; Henry Johnson, $1,273.60; Rufus King, $627.20;
Abner Lacock, $649.60; Walter Leake, $1,384; Nathaniel Macon,
$600; David L. Morril, $876; Jeremiah Morrow, $776; James Noble,
$918.40; Harrison Gray Otis, $792.80; Jonathan Roberts, $564.80;
Benjamin Ruggles, $688; Nathan Sanford, $616; William Smith,
$774.40; Montfort Stokes, $745.60; Clement Storer, $875.20;
Charles Tait, $952; Isham Talbot, $872; Waller Taylor, $1,080; Isaac
Tichenor, $784; George M. Troup, $952; —— Van Dyke, $380.80;
Thomas H. Williams of Mississippi, $1,433.60; John Williams of
Tennessee, $861.60; James J. Wilson, $568.
Act of 1856.—Under the retroactive provision of the act of August
16, 1856, the following named Senators drew the amounts opposite
their respective names:
Messrs. Stephen Adams, $2,243.77; Philip Allen, $2,202.79;
James A. Bayard, $2,088.03; James Bell, $1,083.93; John Bell,
$2,268.36; J. P. Benjamin, $2,210.99; Asa Biggs, $2,161.81; William
Bigler, $1,594.24; Jesse D. Bright, president pro tempore, $6,772.40;
R. Brodhead, $2,251.97; A. G. Brown, $2,251.97; A. P. Butler,
$2,202.70; Lewis Cass, $2,251.97; C. C. Clay, jr., $2,251.97; J. M.
Clayton, $2,292.95; J. Collamer, $2,219.18; J. J. Crittenden,
$2,243.79; H. Dodge, $2,292.95; S. A. Douglas, $2,268.36; C.
Durkee, $2,235.56; J. J. Evans, $2,121.70; W. S. Fessenden,
$2,276.56; H. Fish, $2,237.28; B. Fitzpatrick, $2,194.59; S. Foot,
$2,292.94; L. F. S. Foster, $2,112.62; H. S. Geyer, $2,276.56; J. P.
Hale, $887.10; H. Hamlin, $1,989.68; J. Harlan, $2,268.36; S.
Houston, $2,292.95; R. M. T. Hunter, $2,210.99; A. Iverson,
$2,210.99; C. T. James, $2,210.99; R. W. Johnson, $632.21; G. W.
Jones, $2,235.58; J. C. Jones, $2,047.05; S. R. Mallory, $2,276.56; J.
M. Mason, $2,170; J. A. Pearce, $2,194.59; T. G. Pratt, $2,129.02; G.
E. Pugh, $2,096.21; D. S. Reid, $2,235.58; T. J. Rusk, $2,292.95; W.
K. Sebastian, $2,137.22; W. H. Seward, $2,292.95; John Slidell,
$2,276.56; C. E. Stuart, $2,292.95; C. Sumner, $2,292.95; J. B.
Thompson, $2,235.57; John R. Thomson, $2,022.46; Robert
Toombs, $2,006.07; Isaac Toucey, $2,292.65; L. Trumbull,
$2,251.97; B. F. Wade, $2,202.79; J. B. Weller, $2,251.97; H. Wilson,
$2,178.20; W. Wright, $2,120.82; D. L. Yulee, $2,194.59.
Act of 1866.—Under the retroactive provision of the act of July
28, 1866, the following named Senators received the amounts
opposite their respective names:
 Messrs. H. B. Anthony, $2,805.56; B. Gratz Brown, $2,805.56; C.
R. Buckalew, $2,805.56; Z. Chandler, $2,805.56; D. Clark,
$2,805.56; J. Collamer, $1,366.15; J. Conness, $2,805.56; E. Cowan,
$2,805.56; A. H. Cragin, $2,805.56; J. A. J. Creswell, $2,805.56; G.
Davis, $2,805.56; J. Dixon, $2,805.56; J. R. Doolittle, $2,805.56; W.
P. Fessenden, $2,805.56; S. Foot, $2,136.76; L. F. S. Foster,
President pro tempore, $261.93; J. W. Grimes, $2,805.56; J.
Guthrie, $2,805.56; I. Harris, $2,805.56; J. B. Henderson,
$2,805.56; T. A. Hendricks, $2,805.56; J. M. Howard, $2,805.56; T.
O. Howe, $2,805.56; R. Johnson, $2,805.56; H. S. Lane, $2,805.56;
J. H. Lane, $2,710.49; James A. McDougall, $2,805.56; E. D.
Morgan, $2,805.56; L. M. Morrill, $2,805.56; J. W. Nesmith,
$2,805.56; D. S. Norton, $2,805.56; J. W. Nye, $2,805.56; S. C.
Pomeroy, $2,805.56; A. Ramsey, $2,805.56; G. R. Riddle,
$2,805.56; W. Saulsbury, $2,805.56; J. Sherman, $2,805.56; W. M.
Stewart, $2,805.56; C. Sumner, $2,805.56; L. Trumbull, $2,805.56;
P. G. Van Winkle, $2,805.56; B. Wade, $2,805.56; W. T. Willey,
$2,805.56; G. H. Williams, $2,805.56; H. Wilson, $2,805.56; W.
Wright, $2,805.56; R. Yates, $2,805.56; J. Harlan, $350; L. P.
Poland, $1,361; John P. Stockton, $2,131.20; S. J. Kirkwood,
$2,361.10; G. F. Edmunds, $666.66; E. G. Ross, $180 40.
Act of 1873.—Under the retroactive provision of the act of March
3, 1873, the following named Senators received the sums set opposite
their respective names:
Messrs. A. Ames, $2,840; J. L. Alcorn, $2,312.39; J. T. Bayard,
$4,865.60; F. P. Blair, $3,761.60; A. I. Boreman, $4,514; W. G.
Brownlow, $4,588; A. Caldwell, $2,647.60; S. Cameron, $4,856; M.
H. Carpenter, $3,887.60; E. Casserly, $970.40; Z. Chandler,
$3,906.80; P. Clayton, $2,600; C. Cole, $970.40; H. Cooper, $3,760;
H. G. Davis, $4,635.20; O. S. Ferry, $4,652; T. W. Ferry, $3,920; J.
W. Flanagan, $2,000; A. Gilbert, $3,680; George Goldthwaite,
$3,924.80; M. C. Hamilton, $2,480; Joshua Hill, $4,083.20; P. W.
Hitchcock, $2,852.80; T. O. Howe, $3,689 60, J. W. Johnston,
$4,705.60; John T. Lewis, $4,804.40; John A. Logan, $3,800; W. B.
Machen, $552.98; L. M. Morrill, $4,190; J. S. Morrill, (draft in favor
of the treasurer of the State of Vermont,) $4,386.80; T. M. Norwood,
$4,169.60; J. W. Nye, $2,076.80; T. W. Osborn, $3,440; J. W.
Patterson, $4,280; S. C. Pomeroy, $3,320; John Pool, $4,620.80; M.
W. Ransom, $4,817.60; B. F. Rice, $3,200; T. J. Robertson,
$4,374.80; F. A. Sawyer, $4,294.40; George E. Spencer, $4,106; W.
Sprague, $4,508; W. M. Stewart, $1,486.40; J. P. Stockton, $4,790;
T. W. Tipton, $3,358; Lyman Trumbull, $3,980; G. Vickers, $4,880;
J. R. West, $2,468 80.
III.—Names of Senators who covered into the Treasury amounts
due them under retroactive provisions of law, with date of such
action.
There is no record in my office showing that any Senator covered
into the Treasury any money to which he was entitled by the
retroactive provisions of either of the acts of September 22, 1789,
March 19, 1816, January 22, 1818, August 16, 1856, or July 28, 1866.
The following Senators covered into the Treasury the amounts due
them under the retroactive provision of the act of March 3, 1873,
namely:
1873.—May 26, H. B. Anthony, $4,497.20; June 23, W. A.
Buckingham, $4,553.60; May 21, R. E. Fenton, $4,184; June 2, F. T.
Frelinghuysen, $4,644.80; May 19, H. Hamlin, $4,136; August 14, O.
P. Morton, $3,922.40; April 9, D. D. Pratt, $4,121.60; August 25, A.
Ramsey, $3,041.40; March 28, C. Schurz, $3,761.60; May 9, John
Scott, $4,733.06; July 11, John Sherman, $4,336.40; May 2, C.
Sumner, $4,445.60; May 22, A. G. Thurman, $4,359.20; March 28,
Henry Wilson, $4,448; September 6, George G. Wright, $3,140 80.
Note.—Several of these Senators, as well as others who have not
either drawn or covered into the Treasury the amounts due them
under the retroactive provision of the act of 1873, expressed to me
their intention to allow the money to lapse into the Treasury by the
ordinary operation of law, which they supposed would occur July 3,
1873. After learning that it could not be covered in, except by their
order, before July 3, 1875, some gave me written instructions to
anticipate the latter date. I am unable to furnish from any
information in my office the names of Senators who themselves paid
into the Treasury salary drawn under the act of 1873 or previous acts.
I have not furnished the names of Senators who have left increased
salary undrawn, as this information was not called for in the
resolution.
 IV.—A Comparative Statement.

Total compensation and allowance of Senators, under act of July

28, 1866, from March 4, 1871, to March 3, 1872: Compensation,
$370,000; mileage, $37,041.20; stationery and newspapers, $9,250;
total, $416,291.20; average per Senator, $5,625.55–²³⁄₃₇.
Under same act, from March 4, 1872, to March 3, 1873, during
which year members of the Senate received mileage for attending the
special session of the Senate, held in May, 1872, the following
amounts were paid: Compensation, $370,000; mileage, $59,002.80;
newspapers and stationery, $9,250; total, $438,252.80; average per
Senator, $5,922 23–¹⁹⁄₃₇.
Total compensation and allowance of Senators under act of March
3, 1873: Compensation, $555,000; traveling expenses, based upon
the certificates of forty-six Senators, (twenty-eight having presented
none,) amounting to $4,607 95, giving an average of $100
17×74=$7,412.58; total, $562,412.58; average per Senator, $7,600
17.
In connection with this were statements, prepared by the Secretary
of the Senate, and laid before that body by Senator Cameron,
January 9, 1874, of the amounts of mileage paid in dollars (cents
omitted) at particular dates under the acts of 1856 and 1866, are
given. The act of 1856 fixed mileage at forty cents per mile each way,
and the act of 1866 fixed it at twenty cents per mile each way.
 Returning Boards.

At the second session of the 42d Congress that body, and the
President as well, were compelled to consider a new question in
connection with politics—an actual conflict of State Governments.
There had always been, in well regulated State governments,
returning boards, but with a view the better to guard the newly
enfranchised citizens of the South from intimidation, the Louisiana
Republicans, under very bold and radical leaders, had greatly
strengthened the powers of her returning boards. It could canvass
the votes, reject the returns in part or as a whole of parishes where
force or fraud had been used, and could declare results after such
revision. The Governor of Louisiana had made several removals and
appointments of State officers for the purpose mainly of making a
friendly majority in the returning board, and this led to the
appointment of two bodies, both claiming to be the legitimate
returning board. There soon followed two State governments and
legislatures, the Democratic headed by Governor John McEnery, the
Republican by Governor Wm. Pitt Kellogg, later in the U. S. Senate.
Kellogg brought suit against the Democratic officers before Judge
Durell, of the Federal District Court, and obtained an order that the
U. S. Marshal (S. B. Packard, afterwards Governor), should seize the
State House and prevent the meetings of the McEnery legislature.
Then both governments were hastily inaugurated, and claimed the
recognition of Congress. The Senate Committee reported that Judge
Durell’s decision was not warranted, but the report refused a decisive
recognition of either government. A bill was introduced declaring the
election of Nov. 4, 1872, on which this condition of affairs was based,
null and void, and providing for a new election, but this bill was
defeated by a close vote. Later on, Louisiana claimed a large share in
National politics. Somewhat similar troubles occurred in Alabama,
Arkansas, and Texas, but they were settled with far greater ease than
those of Louisiana. The correspondence in all of these cases was too
voluminous to reproduce here, and we shall dismiss the subject until
the period of actual hostilities were reached in Louisiana.
 The Grangers.

So early as 1867 a secret society had been formed first in

Washington, known as the Patrons of Husbandry, and it soon
succeeded in forming subordinate lodges or granges in Illinois,
Wisconsin, and other States. It was declared not to be political; that
its object was co-operation among farmers in purchasing supplies
from first hands, so as to do away with middle-men, but, like many
other secret organizations, it was soon perverted to political
purposes, and for a time greatly disturbed the political parties of the
Western States. This was especially true of the years 1873–74, when
the Grangers announced a contemplated war on railroad
corporations, and succeeded in carrying the legislatures of Illinois
and Wisconsin, and inducing them subsequently to pass acts, the
validity of which the Supreme Courts of the State, under a temporary
popular pressure which was apparently irresistible, could not
sustain. The effect of these laws was to almost bankrupt the Illinois
Central, theretofore wealthy, to cripple all railroads, to interfere
largely with foreign exports, and to react against the interests of the
people of the States passing them, that the demand for repeal was
soon very much greater than the original demand for passage. As
these laws, though repealed, are still often referred to in the
discussion of political and corporate questions, we give the text of
one of them:
 Illinois Railroad Act of 1873.

An Act to prevent extortion and unjust discrimination in the rates

charged for the transportation of passengers and freights on
railroads in this State, and to punish the same, and prescribe a
mode of procedure and rules of evidence in relation thereto, and
to repeal an act entitled “An act to prevent unjust discrimination
and extortions in the rates to be charged by the different
railroads in this State for the transportation of freights on said
roads,” approved April 7, A. D. 1871.
Section 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly, 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, collect, demand, or receive
more than a fair and reasonable rate of toll or compensation for the
transportation of passengers or freight of any description, or for the
use and transportation of any railroad car upon its track, or any of
the 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 be dealt with as hereinafter provided.
Sec. 2. If any such railroad corporation aforesaid shall make any
unjust discrimination in its rates or charges of toll, or compensation,
for the transportation of passengers or freight of any description, or
for the use and transportation of any railroad car upon its said road,
or upon any of the branches thereof, or upon railroads connected
therewith, which it has the right, license, or permission to operate,
control, or use, within this State, the same shall be deemed guilty of
having violated the provisions of this act, and upon conviction
thereof shall be dealt with as hereinafter provided.
Sec. 3. If any such railroad corporation shall charge, collect, or
receive for the transportation of any passenger, or freight of any
description, upon its railroad, for any distance within this State, the
same or a greater amount of toll or compensation than is at the same
time charged, collected, or received for the transportation, in the
same direction, of any passenger, or like quantity of freight of the
same class, over a greater distance of the same railroad; or if it shall
charge, collect, or receive at any point upon this railroad a higher
rate of toll or compensation for receiving, handling, or delivering
freight of the same class and quantity than it shall at the same time
charge, collect, or receive at any other point upon the same railroad;
or if it shall charge, collect or receive for the transportation of any
passenger, or freight of any description, over its railroad a greater
amount as toll or compensation than shall at the same time be
charged, collected, or received by it for the transportation of any
passenger or like quantity of freight of the same class, being
transported in the same direction over any portion of the same
railroad of equal distance; or if it shall charge, collect, or receive from
any person or persons a higher or greater amount of toll or
compensation than it shall at the same time charge, collect, or
receive from any other person or persons for receiving, handling, or
delivering freight of the same class and like quantity at the same
point upon its railroad; or if it shall charge, collect, or receive from
any person or persons for the transportation of any freight upon its
railroad a higher or greater rate of toll or compensation than it shall
at the same time charge, collect, or receive from any other person or
persons for the transportation of the like quantity of freight of the
same class being transported from the same direction over equal
distances of the same railroad; or if it shall charge, collect, or receive
from any person or persons for the use and transportation of any
railroad car or cars upon its railroad for any distance the same or a
greater amount of toll or compensation than is at the same time
charged, collected, or received from any person or persons for the
use and transportation of any railroad car of the same class or
number, for a like purpose, being transported in the same direction
over a greater distance of the same railroad; or if it shall charge,
collect, or receive from any person or persons for the use and
transportation of any railroad car or cars upon its railroad a higher
or greater rate of toll or compensation than it shall at the same time
charge, collect, or receive from any other person or persons for the
use and transportation of any railroad car or cars of the same class or
number, for a like purpose, being transported from the same point in
the same direction over an equal distance of the same railroad; all
such discriminating rates, charges, collections, or receipts, whether
made directly or by means of any rebate, drawback, or other shift or
evasion, shall be deemed and taken against such railroad corporation
as prima facie evidence of the unjust discriminations prohibited by
the provisions of this act, and it shall not be deemed a sufficient
excuse or justification of such discriminations on the part of such
railroad corporation, that the railway station or point at which it
shall charge, collect, or receive the same or less rates of toll or
compensation for the transportation of such passenger or freight, or
for the use and transportation of such railroad car the greater
distance than for the shorter distance, is a railway station or point at
which there exists competition with any other railroad or means of
transportation. This section shall not be construed so as to exclude
other evidence tending to show any unjust discrimination in freight
and passenger rates. The provisions of this section shall extend and
apply to any railroad, the branches thereof, and any road or roads
which any railroad corporation has the right, license, or permission
to use, operate, or control, wholly or in part, within the State:
Provided, however, That nothing herein contained shall be so
construed as to prevent railroad corporations from issuing
commutation, excursion, or thousand mile tickets, as the same are
now issued by such corporations.
Sec. 4. Any such railroad corporation guilty of extortion, or of
making any unjust discrimination as to passenger or freight rates, or
the rates for the use and transportation of railroad cars, or in
receiving, handling, or delivering freights shall, upon conviction
thereof, be fined in any sum not less than one thousand dollars
($1,000) nor more than five thousand dollars ($5,000) for the first
offense; and for the second offense not less than five thousand
dollars ($5,000) nor more than ten thousand dollars ($10,000;) and
for the third offense not less than ten thousand dollars ($10,000) nor
more than twenty thousand dollars ($20,000;) and for every
subsequent offense and conviction thereof shall be liable to a fine of
twenty-five thousand dollars ($25,000:) Provided, That in all cases
under this act either party shall have the right of trial by jury.
Sec. 5. The fines hereinbefore provided for may be recovered in an
action of debt in the name of the people of the State of Illinois, and
there may be several counts joined in the same declaration as to
extortion and unjust discrimination, and as to passenger and freight
rates, and rates for the use and transportation of railroad cars, and
for receiving, handling, or delivering freights. If, upon the trial of any
case instituted under this act, the jury shall find for the people, they
shall assess and return with their verdict the amount of the fine to be
imposed upon the defendant, at any sum not less than one thousand
dollars ($1,000) nor more than five thousand dollars ($5,000,) and
the court shall render judgment accordingly; and if the jury shall find
for the people, and that the defendant has been once before
convicted of a violation of the provisions of this act, they shall return
such finding with their verdict, and shall assess and return with their
verdict the amount of the fine to be imposed upon the defendant, at
any sum not less than five thousand dollars ($5,000) nor more than
ten thousand dollars ($10,000,) and the court shall render judgment
accordingly; and if the jury shall find for the people, and that the
defendant has been twice before convicted of a violation of the
provisions of this act, with respect to extortion or unjust
discrimination, they shall return such finding with their verdict, and
shall assess and return with their verdict the amount of the fine to be
imposed upon the defendant, at any sum not less than ten thousand
dollars ($10,000) nor more than twenty thousand dollars ($20,000;)
and in like manner for every subsequent offense and conviction such
defendant shall be liable to a fine of twenty-five thousand dollars
($25,000.) Provided, That in all cases under the provisions of this
act a preponderance of evidence in favor of the people shall be
sufficient to authorize a verdict and judgment for the people.
Sec. 6. If any such railroad corporation shall, in violation of any of
the provisions of this act, ask, demand, charge, or receive of any
person or corporation, any extortionate charge or charges for the
transportation of any passengers, goods, merchandise, or property,
or for receiving, handling, or delivering freights, or shall make any
unjust discrimination against any person or corporation in its
charges therefor, the person or corporation so offended against may
for each offense recover of such railroad corporation, in any form of
action, three times the amount of the damages sustained by the party
aggrieved, together with cost of suit and a reasonable attorney’s fee,
to be fixed by the court where the same is heard, on appeal or
otherwise, and taxed as a part of the costs of the case.
Sec. 7. It shall be the duty of the railroad and warehouse
commissioners to personally investigate and ascertain whether the
provisions of this act are violated by any railroad corporation in this
State, and to visit the various stations upon the line of each railroad
for that purpose, as often as practicable; and whenever the facts in
any manner ascertained by said commissioners shall in their
judgment warrant such prosecution, it shall be the duty of said
commissioners to immediately cause suits to be commenced and
prosecuted against any railroad corporation which may violate the
provisions of this act. Such suits and prosecutions may be instituted
in any county in the State, through or into which the line of the
railroad corporation sued for violating this act may extend. And such
railroad and warehouse commissioners are hereby authorized, when
the facts of the case presented to them shall, in their judgment,
warrant the commencement of such action, to employ counsel to
assist the Attorney-General in conducting such suit on behalf of the
State. No such suits commenced by said commissioners shall be
dismissed, except said railroad and warehouse commissioners and
the Attorney-General shall consent thereto.
Sec. 8. The railroad and warehouse commissioners are hereby
directed to make for each of the railroad corporations doing business
in this State, as soon as practicable, a schedule of reasonable
maximum rates of charges for the transportation of passengers and
freight and cars on each of said railroads; and said schedule shall, in
all suits brought against any such railroad corporations, wherein is in
any way involved the charges of any such railroad corporation for the
transportation of any passenger or freight or cars, or unjust
discrimination in relation thereto, be deemed and taken, in all courts
of this State, as prima facie evidence that the rates therein fixed are
reasonable maximum rates of charges for the transportation of
passengers and freights and cars upon the railroads for which said
schedules may have been respectively prepared. Said commissioners
shall, from time to time, and as often as circumstances may require,