§ 58. Excess charge when fare paid on cars. It shall be lawful for any
company owning or operating a steam railroad in this state, to demand
and collect an excess charge of ten cents over the regular or
established rate of fare, from any passenger who pays fare in the car in
which he may have taken passage, except where such passage is wholly
within the limits of any incorporated city in this state, provided,
however, that it shall be the duty of such company to give to any
passenger paying such excess a receipt or other evidence of such
payment, which shall legibly state that it entitles the holder thereof
to have such excess charge refunded, upon the delivery of the same at
any ticket office of said company, upon the line of their railroad, and
said company shall refund the same upon demand; provided, however, that
it shall be unlawful for any company owning or operating a railroad
whether operated by steam, electricity or other motor power to demand or
collect any excess charge from any passenger taking passage from a
station or stopping place where tickets can not be purchased during half
an hour previous to the schedule time for the departure of said train,
or car on which such passengers take passage.