The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1885-03-26

lions, functions and places on and from all trains
and freight respectively upon the due payment
or tender OF payment Of tolls, freight or fare
legally authorized therefor, payment shall be
SEC. 90. No such railroad corporation shall be
guilty OF extortion nor Of any unjust discrimina-
ton as to passenger or freight. rates or the
cars upon its road. or upon any Of the branches
thereof or upon any railroad connected there
with which 1t has the right. license or permis-
or in furnishing facilities for the loading, un-
loading, hs ndling or transporting Of freights or
shall make any unjust discrimination whatever
city, station or location In this State, or shall
charge, demand or receive from any person,
company or corporation for the transportation
OF persons or property, or for any other service
q greater sum than it shall at tho same time
charge. demand or receive from any person,
company or corporation for like service from
the same place upon like conditions and under
similar circumstances Provided, That no rail-
road company shall charge or receive from any
person hiRhe! rate per ton per mile for one
car load OF freight than for greater number of
car loads per car under like conditions and cir
cumstances.
SEC q. Whenever tho facts, in any manner
:scertained by said commissioners, SHALL in their
1udRment. warrant such prosecution, it shall be
the duty OF said commissioners to Immediately
cause suit to be commenced ard prosecuted
against any railroad corporation which may vio-
late any OF the provisions of this act All such
prosecutions shall be in the name of the State Of
Minnesota. and may be instituted In any county
In this state through or into which the line of
the railroad corporation sued for violating this
act may extend. and all fines recovered under
the provisions Of this act shall be immediately
paid into the state treasury by the sheriff or
other on1cer OF persons collecting the same, and
the same shall be passed by the treasurer to the
sEo 22. Attorney General and County At
torneys to Prosecute Suits.-lt shall be the
duty OF the attorney general and the
county attorney in any county, on the re-
Quest OF said commissioners To iDatituro
and prosecute any and all suits and proceedings
which they or either of them shall be directed
by said commissioners to institute and prose-
cute for violation of this act any law Of this
State concerning railroad companies against
such railroad companies or the officers, en-
ployes, owners, operators agents OF any such
companies; and such railroad commissioners are
hereby authorized when the facts Of the case
presented to them shall in their judgment war
general or any county attorney in conducting
such suit. No such suits commenced bv said
commissioners under the provisions OF this act
shall be dismissed unless the reason therefor
shall be stated on the record and all suits to re-
cover penalties forfeitures under this act shall
have precedence Of all other business except
criminal business.
SEC %. Whenever in the Judgment of tho
railroad commissioners 1t shall appear that
or particular to comply with the laws Of the
State, or whenever In their Judgment any re-
pairs are necessary upon its road, or any addi-
tion to change Of it's station or station houses
or to make reasonable connections at crossings
with other railroads, or any changes in its rates
OF fare for transporting freight passengers, or
conducting its business is reasonable and expe-
dent IN order to promote the security, conven-
fence and accommodations Of the public, said
railroad commissioner shall inform such railroad
company through any of its officers manager or
superintendent, by notice thereon in writing,
to DO served by leaving copy thereof with such
secretary; and If such failure be persisted in,
then the commissioners may in their discretion
cause suits or proceedings to be instituted. as
provided for in sections 21 and 22 OF this act,
and report Of all their proceedings under the
provisions OF this section shall be included in
the annual report Of the commissioners to the
governor; and nothing In this act shall be con-
surued as relieving any railroad company from
their responsibility or liability for damage to
person or property.
SEC. "a. In all cases under the provisions Of
this act the rules OF evidence shall be the same
as in other civil actions except as herein other
wise provided, and the remedies hereby given
stall DO regarded as cumulative to the remedies
now given by law against railroad corporations,
and this act shall not be construed as repeating
any statute giving such remedies, nor as limit
Ing the right OF any person to prosecute any
suit for private damages, as now allowed by law
SEC. 20 Railroad Corporation" Defined
The term railroad corporation" contained in
this act, shall be deemed and taken to mean all
corporations, companies or individuals now own
ing or operating or which may hereafter own or
operate any railroad in whole or in part in
this state, and the provisions of this
act shall apply to all persons, firms and compa-
MES, and to all associations or persons whether
Incorporated or otherwise. that shall do business
as common carriers upon any Of the lines OF rail-
ways In this state (street railways excepted, the
| same a. to railroad corporations hersinbefors
mentioned.
SEC. 26. Whenever any property is received
by any railroad corporation to be transported
from one place to another, within or without
this state, it shall not be lawful for such cOrDo-
ration to limit It's common law liability safely
| to deliver such property at the place to which
the same Is to be transported by any stipula-
t10n or limitation expressed in the receipt given
for the safe delivery OF such property. Provided
that the shipper and the railroad company may
ny contract agree on value for such property,
| and limit the companys liability to such agreed
value Provided further, that the consignor and
| the railway company may by contract, signed by
the shipper or his delivering agent, limit such
railroad company in any case to exempt itself
from liability for its own negligence by any con-
| tract.
Sec. 27. Any railroad corporation offending
against any of the provisions of this act shall,
upon conviction thereof be fined for each Of
tense In the sum OF not less than ono hundred
SEC. %. SO much Of chapter one hundred and
three llO3) Of the General Laws of one thousand
eight hundred and seventy-tive Il $50, being a
part Of title eight 49,, chapter six 90. Of the Gen
eral Statutes OF one Thousand eight hundred and
seventy-ei Il S79), as creates the Office of
acts inconsistent herewith, are hereby repealed
but actions or proceedings, or rights OF actions
already accrued, growing out of or founded
upon said acts, shall not be affected by said
repeal, and the board Of railroad commissioners
created by this act shall possess all the powers
and perform all the duties heretofore imposed
| as the Same have been changed by the provisions
| Of this act.
SEC. %. Twenty thousand 40, ooN dollars OF
so much thereof a. Is necessary is hereby appro-
priated out of any money in tho State Treasury
to carry out the provisions Of this act.
| Sec. 80. This act shall take effect and be in
0ft it0
| the provisions thereof in reference to the ap-
pointment Of commissioners and defining their
duties shall take effect and be In force from and
after its passage.
Approved March 5. 1885.
The Warehouse and Grain Law.
AN ACT to regulate warehouses, inspection,
weighing and handling Of grain.
Be It enacted BY the Legislature Of the State
SECTION /. All elevators or warehouses To-
Gated ut Minneapolis, St. Paul and Duluth, in
this state, in which grain is stored in bnlk, and
| IN which the grain OF different owners is mixed
manner that the identity Of the different lots OF
Ra aG cannot be accG1ately preserved and
declared to bs public warehouses
SEQ. 2. Tho proprietor. lessee or manager Of
transactine any business. to procure from tho
| railroad and warehouse commissioners, license
permitting such proprietor, lessee or manager to
the laws Of t, sate whfeh
| shall be issued by the railroad and
warehouse commissioners upon written
and name Of such warehouse, and the individual
| name OF each person interested As owner OF
principal in the management Of the same: or, ii
| the warehouse be owned or managed by q corpo-
ration, the name Of the president, secretary and
treasurer Of such corporation shall be stated,
aud tho said license shall give authority to carry
house, in accordance with the laws of the state.
and shall DO revocable by said commissioners