§ 23-4-802 — Granting of free passes to certain government officials prohibited

(a) No railroad or transportation company organized or doing business in this state under any act of incorporation or general law of this state shall grant any free pass in the cars or other modes of conveyance over the line of any such railroad or transportation company, for any length of time or for any distance, to any officer of this state, legislative, executive, or judicial, whereby any such officer may be transported for any length of time or for any distance over the line of the railroad or transportation company, either free of charge therefor or for a less compensation than that demanded or received from the general public. (b) (1) Any railroad or transportation company that shall grant any free pass to any such officer in violation of this section shall forfeit and pay for every such offense an amount not less than two hundred dollars ($200) nor exceeding two thousand dollars ($2,000). (2) (A) The penalty is to be recovered in an action at law brought in the name of the state by the prosecuting attorney thereof in any county of the state through or into which the railroad corporation or transportation company may run its railroad or transportation line. (B) The prosecuting attorney shall be allowed a fee for his or her services of ten percent (10%) of the amount that may be collected in any suit, in case judgment is rendered for the plaintiff. (C) The balance and residue of any sums recovered in the suit shall be paid into the county treasury of the county where the suit is brought, to be appropriated to general county purposes in the county. (D) In any such suit should judgment be rendered for the defendant, the costs of the suit shall be paid by the county.

Legislative History

Acts 1887, No. 22, §§ 1, 2, p. 27; C. & M. Dig., §§ 888, 889; Pope's Dig., §§ 1090, 1091; A.S.A. 1947, §§ 73-1527, 73-1528.