The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1885-04-24
The Railroad Law.

As our readers are in interested in the recent
enactment of the Legislature with respect to the
railroads of the territory and the transportation
of grain we give synopsis of the bill passed a
few weeks since. Sections |, 2, 3, 4, 5, 6,
and 5 provide for the appointment of railroad
commissioner to consist of the citizens of the
territory, one from the north, one from central
and one from south Dakota; state what is re-
quired to constitute eligibility to the ofice pro-
vide the methods of operad n, duties, etc. of
the commission, and the scope Of its relations
with the railroads Of the territory; provide the
salary of the members, etc., etc. Section 8
provides that the rail- oads shall furnish trans
portation for all freight over their roads, and to
receive and transport empty and loaded cars, Of
connecting lines, to be delivered at any station
or stations on their line, etc. Section 10 re-
fers especially to the shipm Of grain and is as
follows:
"All railroad companies doing business in
this territory, when desired by an person wish
ing to ship grain over its road shall receive and
transport such grain in bulk within reasonable
time, aud load the same, either On its track ad-
jacent to the depot, or at any public w-rehouss
or sidetraok without distinction, discrimination
or favor between one shipper and another, and
without discrimination or distinction as to man
ner in which such grain is offered for transpor-
tation, or as to person, warehouse, elevator, or
place where or to which it may be consigned.
Every railroad company shall ermit connections
to be made and maintained in reasonable man
ner, its track to and from any warehouse, eie-
vator and mill, without reference TO its size or
capacity, where grain or -four may be stored;
provided, however, that such railroad company
and maintaining ssid connection, or of the sid
ing or switching track necessary to make the
same; and provided, further, that majoritY Of
the commissioners appointed under this act
shall direct such railroad to make such con-
nections and siding. Grain shal also be re-
ceived from wagons or sleighs, the same as
when offered in car load lots from warehouses
or elevators, allowing reasonable time for load
ing the cars, and the cars shall be placed in q
convenient place, easy of access"
Section IL provides that no railroad corpora
ton shall discriminate in favor OF one person
over another. Section 10 proyiGes that no rail
road shall demand or receive an unreasonable
price for transportation Of persons or freight or
for storage or any other service. Section Is
provides that "Any railroad corporation which
shall violate any Of the provisions Of this act,
as to extortion or unjust discrimination, shall
forfeit for every such offense, to the person,
company or corporation sggpieved thereby, three
times the actual damage sustained or over
charges paid by the said party aggrieyed, to-
rsthsr with costs OK suit and reasonable at
torney's fee, to be fixed by the court, and Il an
appeal is taken from the Judgments or any part
thereof, it shall be the duty Of the APPELLATE court
to include in the judgment All additional, sttor-
ney,s fee for service in the APPELLATE court or
conrts. TO be- recovered in civil action therefor
Section IA provides for the making Of COM
plant fixed by mayor or alderman or county
commissioner of any injustice resulting from
any rule or regulation OF a railroad company
and that lie the commissioner finds that the
charges are true, it shall inform tho company Of
its adjudication within ten days, and report
their action TO the governor; also that nothing
Ia the act precludss any one from bringing suit
against any railroad company for any violation
Of any law Of the territory respecting the gov
ernments of railroads; also provides that the
commission shall receive reports from all sleep
ING car and telegraph companies do.rg business
Ii the territory, and shall have supervision over
such companies Jamestown Capital.
--Fos SALE frame dwelling house east Of
depot. y. a. SWANSON