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

be made and maintained In reason.
able manner, its track to and from any
warehouse, elevator or mill, without reference
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 majority of tho commissioners
appointed under this act shall direct such rail-
road to make such connections and siding
Grain shall also be received from wagons or
sieighs, the same as whom 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 access.
Sec. II. No railroad corporation shall
charge, demand or receive from any person,
company or corporation, for the transportation
vice, q greater sum than it shall at the time
charge, demand or receive from any other per-
son, company or corporation for like service
from the same place. and upon like conditions
and all concession Of rates, rebates, drawbacks
and contracts for special rates, shall be open
corporations upon like conditions, and they
shall charge no more for transporting from
any point on its line than fair and just pro-
portion Of the price it charges for the same
kind of freight transported from any other
point
Sec 12. 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
by it 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. Any railroad corporation which
of "a mr. xyiainp Cft of
as to extortion or unjust discrimination, shall
forfeit for every such offence, to the person,
company or corporation aggrieved Thereby, three
times the actual damage sustained or over
charges paid by the said party aggrieved, to-
gether with costs Of suit and reasonable at
torneys Zee, to be fixed by the court, and il 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 IN
additional attorneys fee for service in the ap-
pellant court or courts to be recovered in
civil action therefor. And in all cases where
complaint is made, in accordance with the
provisions Of section Il, hereinafter provided,
that an unreasonable charge or regulation is
made, the commissioners shall require modi-
fed charge or regulation, such as they shall
deem reasonable and all cases of 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, extortion
VI wv oLai bo Wy oalu coulPduy, OT Otuor flO-
laton of law.
Sec. a. Upon the complaint of the mayor
and alderman of any city, or board of county
commissioners, or Of tho trustees or super
visors 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 a rail-
road company, it shall be the du!y OF the COM
missioners, in case they deem tie 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. II, upon e1-
animation, it shall appear to said commission
ers that the complaint Of the commissioners
is well founded, they shall SO fnd 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
All 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 al
| sleeping car companies, express companies and
| telegraph companies doing 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. All acts and parts of acts in con-
fict with this act are hereby repealed.
| section was added to the bill authorizing
the commissioners to fix the maximum amount
of freight, but the came was afterwards re.
pealed by supplemental bill