Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-01-23

tAllOus
s. The amour, received for the transpor.
tation Of passenpcrs. property and mails, for
interest. and from ali other sources rcSpec-
lively.
Q. Tho amount OF freight, specifying the
quantity 10 tons, or other usual mods "t
measure Ment.
z. The amount paid for the repairs Of the
road, buildings, engines, aud cars respcc-
lively for fuel, taxes aud interest, specify
ing the Indebtedness on which the same Is
paid; for WAGES Of employees, the aggre.
gate amount ,,'l for salaries Of ~ot1ctrs, aud
for any other puIpose incidental to the
business of transportation 80 US to give II
complete statement Ut the entire annual
expense Of the corporation.
g. The amount Of loss to the corporation
for loss and damage to freight, nut injury
to persons and property.
9. The number land amount of dividends
and when made, and in what manner such
dividends have been paid.
10. The amount appropriated to sinking
fund. and the manner in which the same
has been applied. and the total amount
then held by such sinking fund.
II The number Of persons killed or in
jured, the causes thereof, and whether pass
engers or persons employed by the CORPORA.
ton.
IL Whether any such accidents have
arisen from carelessness or negligence o,
any person in the employ OF the corpora
tton, and whether such person is retained
IN the service of such corporation. The
secretary OF each railroad corporation shall
mail to every stakeholder thereof, whose
postot1ce address is known, a cory of its
annual report, and shall file q certified copy
thereof with the secretary vi the territory
on or before the first day of FEBRUARY ia
each year.
Sec %. Every railroad corporation IN
corporated under this act has power and is
authorized to enter upon any land for the
purpose Of examining and surveying its
railroad. and tn take, hold and Appropriate
so much real estate as may be necessary ter
the location, construction and convenient
use of its road, including all necessary
grounds for buildings, stations, work shops,
depots, machine shops, switches, side tracks
turn tables and water stations, all materials
for the construction of such road and its
appurteDances, and the right Of way over
adjacent land sufficient to enable such cor
poration to construct and repair its road,
and the right to conduct water to its water
stations and to construct and maintain
proper drains. And may obtain the right
tosuch real estate by purchase or condem-
nation in the manner provided ny the law
OF this territory, aud whenever any such
railroad corporation shall acquire the right
to any such real estate by purchase or by
condemnation as aforesaid and the pay.
ment of the value thereof, such railroad
corporation shall become seized of said real
estate in fee, and may dispose Of the same
if at any time it shall become unnecessary
to use said real estate for such railroad pur-
poses.
Sec. "a Every railroad corporation organ.
lied under the provisions of this act, and
every person or corporation operating a
railroad in this territory, excep, railroads
operated bv horse power, shall ON or Before
the tenth day of February in each wear
make and return to the treasurer of this
territory in such form and upon such blank
as shall be furnished by him. a true state
ment Of the gross earnings of their respec-
tive roads for the preceding calendar year,
OF the number of miles operated b. each
l such corporation or person, and the gross
earnings per mile during such year. Eycrv
! such railroad corporation or person opera
: ting a railroad in this territory shall pay to
the said treasurer W. (2) per centum OF the
gross earnings Of such railroad each year
for the first five years after said railroad
shall be or shall have been operated in
whole or in part; and three (3) per centum
Of the gross earnings of such railroad each
and every year after the expiration of said
five years. One half of such amount shall
he paid at the time that the report to the
treasurer of the territory, hereinbetore pro.
vided, Is made, and halt on or before
the tenth day of August in each year, and
for the purpose of verifying and ascertain
ing the accuracy of any such report of gross
earnings made to the treasurer of the ter.
r'tory, he governor, or any other person
by law appointed, shall have power to cx.
anime the books and papers OF said co:po.
ration, and to examine under oath the off.
GERS and agents of said corporation and
other persons; and if any person so exam
ined shall knowingly and willfully swear
falsely. or if any officer attesting such re-.
port shall knowingly and willfully swear
falsely 10 relation thereto, every such per.
son Shall be subject to the Pains and penal.
ties OF perjury. The percentage Of gross
earnings hereinbefore specified In pursu-
ance OF the provisions of this section, shall
be In lieu of all other taxation of the prop
erty of such railroad corporation.
Sec. 25 Ii !any railroad corporation
or person operating q railroad
in this territory shall neglect
to make such report to the treasurer, or to
pay in the several sums of money herein
before, or any part thereof, as hereinbefore
provided, such company or person shall abb
solutely forfeit to the territory the sum of
ten thousand dollars, to be recovered in an
action brought in the name of the territory !;
and such neglect shall also be a cause Of
forfeiture of all the rights, privileges
and franchises Obtained under any law of
this territory under which said rail-
road has been constructed or is
operated. Any such corporation or person
at any time before the final judgment of for
feiture of such rights, privileges and fran
chises is rendered, may be permitted to
make the return and pay the amount herein
provided for to the court in which the ac-
ton is pending, upon such terms as the court
may direct.
Sec. 26. All laws and parts of laws in
conflict with the provisions of this act, and
all laws and parts of laws imposing addi-
%tional restrictions, limitations, duties and
liabilities upon railroad corporations or the
officers thereof than are imposed by the
provisions Of this act, are hereby repealed,