Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-02-20
Senator Seraeant.s BiN.

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Senator Sergednt's Bill.
The regular bill was not allowed to have
a clear field as the following measure was
introduced by Senator Sergeant.
Section l. All railroad companies own
ing or operating lines of railroad in the
state of Minnesota shall at all times
promptly furnish to shippers on the line
of the road cars, known as box, fiat, coal or
refrigerator cars as said shippers shall ask
for. provided said road owns and runs the
kind of cars the shipper demands, said
cars to be furnished at the station or
stations, said shipper asks for. and if the
| shipper has made q demand upon the
said railroad company at the stations
where the cars are required. said demand
shall be in writing and served personally
upon the agent or his deputy, bearing the
| date of such service, stating kind of cars
wanted, points said cars are to be shipped
to when loaded, kind of commodities said
cars are to be loadet. with and when said
cars Will be wanted, and if the railroad
company upon whom the demand is made
shall refuse or neglect to furnish the cars
and of the glass demanded within forty
eight hours after the said
demand as made then
penalty shall be paid to the person max
ing the demand of S. for the first day and
one-third for each day thereafter that said
railroad company refuses to furnish the
cars demanded And if the cars are de-
manded for the shipment of stock of any
kind or for any perishable freight, then in
addition to the within mentioned penalty
judgment can be obtained against the
said railroad company in favor of the said
person demanding cars which said rail-
road company has neglected to furnish,
the amount shall be proven in any court
having Jurisdiction of the same, shall be
the damages so sustained by said shipper,
together with the costs of the action.
Sec. 2. Any railroad company doing
business in this state may charge and col
lect of any person to whom any freight in
car loads are consigned, and which by any
understanding or practice it is agreed that
the consignee shall unload the car or cars,
if such cars are detained by said consignee
over forty-eight (48) hours, the sum of
five $50 dollars for the first day, and three
(S3) dollars for each day thereafter, shall
be paid by said consignee to said railroad
company during the time said car is so de-
tanned by said consignee: Provided, the
said railroad company has placed the car
or cars properly upon the side track of
said railroad company at the station where
said car or cars are consigned, and has
notified the consignee by notice properly
dated, and said notice between its serving
and the time the car is unloaded shall be
used to determine the time said consignee
is required to pay demurrage on said car,
and the said railroad company shall have
lien on the lading of said car or cars for
the payment of freightal, as we'll as the de-
murrage; prorided, however, that if there
is any dispute as to the freight
charged on said car as being
unusual, unjust or not in accordance with
the understanding between said consignee
and the railroad company or companies
who hauled the same, then the said rail-
road company has the right to charge de-
murrage on said cars until the question in
dispute has been settled and the date of
commencement of demurrage shall be for
! ty-eight hours for the adjustment Of the
question of difference of freight charges
on said cars, and when the car is unloaded
the consignee shall have the car or cars in
as good condition, or as near as may be,
wear and tear considered, as when the
same was loaded.
Sec 8. 4 printed schedule of classical
lion of freight shall be published by such
railroad company as hereinafter provided
upon which just and reasonable charge
shall be made for hauling freight between
different points, but in no case shall
freight be hauled a longer distance at
less rate than is charged for a shorter dis
lance, except in case of through freight
which shall not be regarded as basis for
fixing local freight rates. What is meant
by through freight is freight between ter
minal points. On the different lines of
railroad it shall be the duty of all railroad
companies to receive and ship as provided
in section one of this act, all freight of
whatever descr1ptionIto the place it is con-
signed, whether it is on the line
of the company's road receiving it Or not,
provided it is shipped to point at which
it can be carried by hauling it part of
the distance over the company's line of
road receiving it, and at junction points.
Any one road shall receive and ship any
and all freight shipped from said stations,
provided shippers so desire, and shall haul
it all if required to any one point on the
line of the road, or any other road, and
any company, entering into an agreement
whereby the business of any station is so
arranged that division is made either in
hauling of freight or division Of earnings
at said point, known as pooling between
railroad companies, or any agreement be-
tween the railroad company and any in
dividual firm or corporation whereby
such railroad company gives exclusive
privileges 70 said persons, company or cor
poration giving them the right to ship all
the freight of any particular kind received
at any one or more stations on the line of
their road, shall be guilty of a misdemean-
or, and the general manager or general
superintendent of any road, the one that it
is proved has sntet, I into such an agree
ment with the person, NE nber of the firm
or corporation making such agreement,
shall be guilty of misdemeanor and shall
be punished by imprisonment for term
of not less than two years,and the refusal of
any railroad to receive and ship freight as
requested by shippers shall be prima facie
evidence of such, or any
discrimination on the part of
any railroad company in favor of any such
person, firm or corporation mentioned in
this section and against any other person
shipping the same kind of freight over the
road shall be punished by the same pen