Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1885-04-23

The Railroad Act.

hoard OF I&ilfJtl
hall hold their Office for the term OF tFo yeas
from the firpt OF April next Tn governor
ShaU in like manner. appoint others ~ MI Ahy
vacancy caused by the death. removli, resis
nation, or IL The expiration OF torm ~ onun
aa;a commissioners shall hold their once una
shair sfsceessor. are dulr appointed and quail
fed = s.h.r
No person Owning bonds, stocks, z olner
nrnnerty in Ar. railroad company, or VINO 10 ih
he employment OF, or who IS IN any mAnnei
pecuniarily Interested in any railroad cotp0ra-
ton. public warehouse or elevator, shAu uc
eligible h the Office OF railroad commissioner
said commissioners shall be qualified electors
of lie territory and shall be selected, as nearly
AZ practicable, one from the southern, one
from the central, and one from the northern
part Of the territory
eral .uperyision Of all railroads in the terri
tory. and shall inquire into any neglect or yio-
Iatfnn Of the laws Of this territory by any rsi-
4 road corporation, its officers, agents or employ
es. doing business therein, and shaii rom
time to time carefully examine and inspect us
condition Of each railroad in the territory ana
he manner OF its conduct and management
With reference To its safety and general rela-
tons 10 tho public business OF the territory.
SEC 8 Whenever, in the Judgment OF the
railroad commissioners, II snail appear taAs
any corporation fails IN any respect or psr1lcu-
lar 10 comply with the laws OF the territory, or
IL charter. or when, in their Judgment, any
repairs are necessary upon its road, or any al
ditiob 10 It's rolling stock, or any addition
or change In lie station houses, or
any change in the rates OF passenger
fare or its charges for Transporting ,rslEnat0 ~
| transferring the same from one road or station
10 another, or any change in the manner OF OPP
/ Grating its road, and conducting its business u
reasonable and expedient In order 10 pfohloto
| the security, convenience and acconlmodauon
Of the public, said commissioners shah inform
- A-nz 80 \ m ~ fha NORTHUMBERLAND
and changes which they sdjudge TO be proper
by anotIee ia writing, to be served by leaving
a copy thereof, certified by the commissioners
CLERK, with any station agent, CLERK or treaslr-
or, or any director Of said corporation, sndh
report OF the proceedings Shall pe ineluueaL IN
the report Of the railroad conmissionerste me
legislature. Nothing in this section shall be
construed as relieving any railroad company
( from their present responsibility or hapiity LOT
damage to persons or property.
Sec. 4 The said railroad commissioners
shall, on or before the first Monday IN Desem-
her In each wear. make a report to the governor
OF their doings for the preceding year, CON
tanning such facts. statements aud explanations
as will disclose the workings of the system OF
railroad transportation IN this territory anu
its relation to the general business and pros
perity of the citizens of the territory, and such
/ suggestions and recommendations in respect
thereto a. may to them seem appropriate.
Said report shall also contain as to every rail-
road corporation doing business in this terri
tory;
l. The amount OF it's capital stock.
2 The amount Of its preferred, II any, and
the amount Of its preferment
& The amount Of its funded debt aud the
rate Of interest
4 The amount Of its floating debt
5 The cost and present value Of its road
and equipment, including permanent way
buildings and rolling stock, all real estate used
exclusively in operating the road, and all fix
lures and conyenienees for transaeting its bust
ness.
q The estimated cash value of all other prop
erty owned by such corporation, with q seized,
ule OF the same, not including lands granted
IN aid Of its construction.
T. The number OF acres originally granted
in aid OF construction of Its road by the United
States or by this territory.
8 Number of acres OF such land remaining
unsold
9 A list of its officers and directors, with
their respective places of residence.
10 Such statistics of the road, and Of
its transportation business for the year,
II may, in the judgment of the commits
~sioners, be necessary and proper for the IN
formation OF the general assembly, or rs may
be required by the governor. Such report
shall exhibit and rafer 10 the condition of such
corporation on the first day Of July of each
year, and the details of it's transportation
business transacted during the year ending
June 80.
II. The average amount of tonnage that
can be carried over each road in the territory
with an engine of given power.
Sec. 3. To enable said commissioners 10
make such a report the president or managing
officer of each railroad corporation
doing business in this territory shall
~sioners, on the fifteenth day of the month
of September, such returns, in the form which
they may prescribe, as will afford the informa-
ton required for their said official report
Such returns shall be verified by the oath Of
the officer making them, and any railroad cor
poration whose return shall not DO made as
herein prescribed by the fifteenth day Of Sep
tember shall be liable 10 q penalty Of one hun
dred Q00 dollars for each and every day after
the sixteenth day of December that such re.
turns shall be wilfully delayed or refused
Sec. s. The said commissioners shall hold
their Office at such place as they shall deter
mine. They shell each receive a salary of
8, 10 be paid as the salaries Of other terri
torial officers are paid, and shall be provided
at the expense of the territory with necessary
Office furniture and stationery, and they shall
have authority TO appoint q secretary, who
shall receive q salary Of fifteen hundred
q 500 dollars per annum
Sec. z, Said commissioners and secretary
shall be sworn to the due and faithful perform
ance OF the duties of their respective Offices
before entering upon the discharge of the
Z oaAAtNa anu nv lNAhoh Al NV va aNF ANAA
road corporation, or holding stock in any rail.
road corporation shall be employed as secre
tary. Each Of said commissioners shall enteI
into bonds, with security to be approved by thu
governor in the sum OF ten thousand (iO,0N
dollars, conditioned for the faithful perform
ance of his duties.
Sec. 5. The said commissioners shall hav,
power in the discharge of the duties of thei
Office TO examine any of the books, papers o.
documents of any such corporation, or to ex
- - Al -. ~ 4.
rector, agent or eInploye OF any such corpora
ton. They are empowered TO issue subpoena
and administer oaths in tho same manner an,
with the same power TO force obedience there
to iii the performance of their said duties o.
belong aud pertain to courts Of law in this ter
ritory, and any person who may ~willfully oh
struet said commissioners in the performance
of their duties, or who may refuse TO give an.
Information within his possession that may b,
required by said commissioners, within tn
line OF their duty, shall be deemed guilty of
-niisdemeanor, and shall be liable, on convic
ton thereof, To a fine not exceeding oae thous
and q 1000 dollars, in the discretion OF TN
court, and the cost Of such subp9nss and in
vestigation, to be first paid by the territory, OF
the certificate Of said commissioners.
Sec. 9. 1t shall be the duty OF all railroad
corporations doing business in this territory
upon reasonable notice, to furnish ruitabl,
cars to any and all persons who may appl,
therefor, for the transportation OF any and al
kinds OF freight, and 10 secure and transpor
sucn freight with all reasonable dispatch, an(
provide and keep suitable facilities for the Sc
curing and handling OF the same at any depo
on the hne OF its road, and also TO receive ant
transport in like manner the empty and loaded
cars furnished by any connecting line Of road
10 be delivered at any station or stations on the
line of its road, to be loaded or discharged, OF
reloaded and returned to the road so connect
ing, and for compensation il shall not demand
or receive any greater sum than is expected by
u from any other connecting railroad for sim.
liar service.
Sec. 10. All railroad companies doing bust.
ness in this territory, when desired by any per.
son wishing 10 ship grail over its road, shall
receive and transport such grain in bulk with.
in . reasonable time, and load the same, either
on its track adjacent 10 lbs depot, or at any
public warehouse or side track without dis
t%inction, discrimination or favor between ont
shipper and another, and without discrimina-
ton or distinction as to the manner in which
such grain is offered for transportation or q,
to person, warehouse, elevator, or place where
or to which II may DO consigned Every rail.
road company shall permit connections q
DO made, and maintained in q reason
able manner, its track 10 and from am
warehouse, elevator or mill, without r~oferencs
10 IT'S size or capacIty. where grain or fouI