The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1885-05-01
The Railroad Act.

shall hold their Office for the term of two wears
from the fret Of April next The governor
shall, in like manner, appoint others to fill any
vacancy caused by the death, removal, resig-
nation, or by the expiration of term of office
Said commissioners shall hold their Office until
their successors are duly appointed and quail
fed.
No person owning bonds, stocks, or other
property in any railroad company, or who is in
the employment of, or who ia in any manner
pecuniarily interested in any railroad corpora
ton, public warehouse or elevator, shall be
eligible to the Office OF railroad commissioner.
said commissioners shall be qualified electors
of the territory and shall be selected, as nearly
as practicable, one from the southern, one
from the central, and one from the northern
part of the territory.
Sec. 2. Said commi ssioners shall have gen.
eral supervision of all railroads in the terri
tory, and shall inquire into any neglect or vio-
lstion Of the laws OF this territory by any rail-
road corporation, its officers, agents or employ
es, doing business therein, and shall from
time to time carefully examine and inspect the
condition Of each railroad in the territory and
the manner Of its conduct and management,
with reference to its safety and general rela-
tions to the public business of the territory
SEC. 3. Whenever, in the judgment of the
railroad commissioners, it shall appear that
any corporation fails in any respect or particu-
lar to comply with the laws OF the territory, or
Its charter, or when, in their Judgment, any
repairs are necessary upon its road, or any ad-
ditlon TO Its rolling stock, or any addition
any change in the rates of passenger
fare or it's charges for transporting freight, or
the same from one road or station
to another, or any change in the manner Of op-
Grating its road, and conducting it's business is
reasonable and expedlent in order to promote
the security, convenience and accommodation
of the public said commissioners shall inform
such railroad corporation OF the improvements
and changes which they adjudge to be proper
by anohce in writing, to be served by leaving
a copy thereof, certified by the commissioners
clerk, with any station agent clerk Tor treasur-
er, or any director OF said corporation. and o
report of the proceedings shall be included in
the report Of the railroad commissioners to the
legislature. Nothing in this section shall be
construed as relieving any railroad company
from their present responsibility or liability for
damage to persons or property
Sec 4. The said railroad commissioners
shall, on or before the first Monday in Deem
Der in each year, make report to the governor
Of their doings for the preceding year, con-
tanning such facts statements and explanations
as will disclose the workings of the system of
railroad transportation in this territory aud
its relation to the general busia-., and pros
perity Of the citizens of the territory, and such
suggestions and recommendations in respect
thereto as may to them seem appropriate
Said report shall also contain as to every rail
IO2u cOrp0ratlOn DONG business In this terri
tory:
l. The amount of its capital stock
2. The amount OF its preferred, il any, and
the amount of its preferment
8. The amount of its funded debt and the
rate of interest /.
!. The amount of its floating debt.
5. The cost and present value Of its road
and equipment, including permanent way
buildings and rolling stock, ali real estate used
exclusively in operating the road, and all fix
lures and conveniences for transacting its bus;-
ness.
9. The estimated cash value of all other prop
erty owned by such corporation, with sched-
ule Of the same, not including lands granted
in aid Of its construction
z. The number Of acres originally granted
in aid of construction of its road by the United
States or by this territory.
unsold
9. A list Of its officers and directors, with
their respective places of residence.
lO. Such statistics of the road, and of
it's transportation business for the year,
it may, in the judgment of the commits
formation Of the general assembly, or as may
be required by the governor. Such report
shall exhibit and rafer to the condition Of such
corporation on the first day of July Of each
year, and the details Of its transportation
business transacted during the year ending
June 80.
IL; The average amount of tonnage that
can be carried over each road in the territory
Sec. 5. TO enable said commissioners to
make such report the president or managing
officer of each railroad corporation
annually make to the said commis-
sioners, on the fifteenth day of the month
of September, such returns, in the form which,
they may prescribe, rs will afford the informa-
ton required for their said official report
Such returns shall be verified by the oath Of
tho officer making them, and any railroad cor
poration whose return shall not be made a.
herein prescribed by the fifteenth day Of Sep
tember shall be liable to a penalty Of one hun.
dred Q0U 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 shall each receive salary OF
g., to 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 secretary, who
shall receive salary of fifteen hundred
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
same, and no person in the employ Of any rail
road corporation, or holding stock in any rail
road corporation shall be employed as secre
tary. Each of said commissioners shall enter
into bonds, with security to be approved by the
governor in the sum of ten Thousand 10000
dollars, conditioned for the faithful perform
ance of his duties.
Sec. s The said commissioners shall have
power in the discharge of the duties Of thei,
Office to examine any of the books, papers OF
documents Of any such corporation, or to ex
anime under oath or otherwise any officer, di
rector, agent or employe of any such corpora
ton. They are empowered to issue subpoena.
and administer oaths in the same manner ant
with the same power to force obedience there
to in the performance of their said duties a
belong and pertain to courts Of law in this ter
ritory, and any person who may willfully OBJ
struct said commissioners in the performanc.
Of their dnties, 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
misdemeanor, and shall be LIABLE on convic
ton thereof, to fine not exceeding one shous
and ,OOOl dollars, in the discretion Of tn
court, and the cost Of such subp9nas and in
vestigation, to be first paid by the territory OF
the certificate of said commissioners.
| Sec Q. 1t shall be the duty OF all railroa,
corporations doing business in this territory
| cars to any and all persons who may appl
therefor, for the transportation Of any and al
kinds Of freight and to secure and transpo,
such freight with all reasonable dispatch, an
provide and keep suitable facilities for the SO
| curing and handling of tho same at any depo
| on the line of its road aud also to receive an
transport in like manner the empty and loade
cars furnished by any connecting line of road
to be delivered atany station or stations on tn
| line OF its road, to be loaded or discharged o
reloaded and returned to the road 30 cennect
| ing, and for compensation it shall not deman
| or receive any greater sum than is expected b
| It from any other connecting railroad for sim
| liar service,
/ Sec 10. All llrailroao companies doing bust
nessin this territory, when desired by any per
son wishing to ship grai:- over its road, sha
receive aod transport such grain in bulk with
in reasonable time. and load the same, eithe
on its track adjacent to its depot. or at an
/ public warehouse or side track without dis
tinction, discrimination or favor between on
shipper and another, and without discrinlins
ton or distinction as to the manner in whic