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

| to be delivered atany station or stations on the
| line Of its road, to be loaded or discharged, or
reloaded aid returned to the road SO connect
ing, and for compensation it shall not demand
or receive any greater sum than is expected by
il from any other connecting railroad for SIM
liar service.
Sec. 10. All railroad companies doing bust
ness in this territory, when esiredby any per-
son wishing to ship grail over its road, shall
receive and transport such grain in bulk with
in a reasonable time, INC load the same, either
on its track adjacent to its depot, or at any
public warehouse or side track without dis
~tinction, discrimination or favor between one
shipper and another, and without di5crimina-
ton or distinction as to the manner in which
such grain is offered for transportation, or az
to person, warehouse, elevator, or place whore
or to which 1t may be consigned Every rail-
road company shall permit connections to
be made, and maintained in q reason
able amer its track TO and from any
warehouse, elevator or mil, without reference
to Its size or capacity, where grain or flour
may be stored; provided, however, that such
railroad company shall not be required To pay
the cost of making and maintaining said con-
nection or Of the siding or switch track
necessary TO make the same; and provided,
further, that a majority of the commissioners
appointed under this act shall direct such rail-
road to make such connections and siding.
Grain shall also be received from wagons or
sleighs, the same as when offered in car load
lots from warehouses or elevators, allowing
reasonable time for loading the cars, and the
cars shall be placed in a convenient place easy
of accesa
SEQ IL. No railroad corporation shall
charge, demand or receive from any person,
company or corporation, for the transportation
OF persons or property, or for any other SER
vice, q greater sum than it shall at the time
charge, demand or receive from any other per-
son, company or corporation for a like service
from fha aanna nlona and unnn lLa conditions
and all concession of rates, rebates, drawbacks
and contracts for special rates, shall be open
TO and allowed to all persons, companies and
corporations upon like conditions, and they
shall charge no more for transporting from
any point on its line than a fair and a just pro-
portion of the price it charges forthe same
kind of freight transported from any other
point
Sec. IL. No railroad company shall charge,
demand or receive from any company or cor
poration an unreasonable price for the trans
portation of persons or property, or for the
handling or storing of freight, or for the use of
the cars. orfor any privilege or service afforded
by 1t In the transaction of its business as a
railroad corporation, and shall not demand the
payment of freight beyond the point to which
the goods or property is consigned by the ship
per.
Sec. Is. Amy railroad corporation which
shall violate any OF the provisions Of this act,
as to e~xtortion or unjust discrimination, shall
forfeit for every such offence, TO the person,
company or corporation aggrieyed therely, three
times the actual damage sustained or over
charges paid by the said party aggrieved, to-
gether with costs of suit and q reasonable at
torney's fee, to be fixed by the court, and if an
appeal is taken from the judgment, or any
part thereof, it shall be the duty of the appel
liant court to include in the Judgment an
additional attorneys fee for service in the ap-
pellant court or courts, to be recovered in q
civil action therefor. And in all cases where
complaint is made, in accordance with the
provislons of section IA, hereinafter provided,
that an unreasonable charge or regulation is
made, the commissioner shall require a modi-
fed charge or regulation, such as they shall
deem reasonable, and all cases ola failure to
comply with recommendations of the commits
~sioners, shall be embodied with the report of
the commissioners to the legislature, and shall
, apply to any unjust discrimination, extorfion
or overcharge by said company, or other vio-
Sec. Ia. Upon the complaint of the mayor
and alderman of any city, or board of county
commissioners, or OF the trustees or super
gisers OF any town or township, of the freight
| tariff charged or Of an injustice to the public,
| growing out of any rule or regulation of q rail-
road company. it Shall be the duty of the COM
missioners, in case they deem the case just and
reasonable, TO proceed to make examination,
first giving the petitioners and corporation
reasonable notice, in writing, OF the time and
place of entering upon the same. If, upon ex-
animation, it shall appear to said commission
ers that the complaint of the commissioner
is well founded, they shall so find, and shall
inform the corporation operating such rail-
road of their adjudication, within ten days, and
shall also report their action to the governor,
as provided in this act
al sleeping car companies, express compa-
nies and Telegraph companies doing business IN
this territory shall make such reports of their
business as the railroad commissioners may re-
quire, and said commissioners shall have the
same authority over and supervision of all
sleeping car companies, express companies and
telegraph companies dong business in this ter
ritory as over railroad corporations.
Sec. Is. Nothing in this act shall be construed
to estop or hinder any person or corporation
from bringing suit against any railroad com.
pany for any violation OF the laws of this ter
ritory for the government of railroads.
Sec. II. AL acts and parts of acts in con-
fict with this act are hereby repealed.
A section was added to the bill authorizing
the commissioners to fix the maximum amount
OF freight, but the came was afterwards re-
pealed BY q supplemental bill