Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-18
March 81, 1890.
SLEEPING CAR LICENSE.

An Act Providing for the Payment OF q License
on Hallway Sleeping Cars.
Be it Enacted By the Legislative Assembly of the
State of North Dakota:
SECTION l. All companies. corporations
or persons, other than railway corpora
lions operating railroads in this state, shall
be required to pay a license of n hundred
dollars per annum on each and every Sleep
ing car run or operated on any railroad in
this state; provided, that the aggregate
amount of such license shall not exceed
the amount of five thousand ($5,OO0) dol
lars per annum.
SEC: 2. The license required by this act
shall be issued for one year beginning on
the first day of May in each year; and it
shall be the duty of such companies, cor
p%orations or persons to pay such license
fee into the state treasury on or before the
treasurer shall issue a duplicate receipt for
the payments herein required to be made,
which receipt in duplicate, it is hereby
made the duty of such treasurer to furnish.
SEC. 3. The license required by this act
shall be issued by the secretary Of state,
and he shall issue a license for every Sleep
ing car on which the license fee shall have
been paid; the duplicate receipt of the state
treasurer, filed with the secretary of state,
shall be evidence of the number of sleep
ing cars on which such license fee has
been paid.
SEC. 4. 1t shall be the duty of every
company, corporation or person, at the
be made, to file with the state treasurer,
a statement sworn to by a proper officer of
SUCH company or corporation or by such
person; which statement shall contain the
number of sleeping cars. with the names
thereof. to be run or operated In this state
by such company, corporation or person,
as provided in section one, during the year
tor which such license is applied Tor, and
for the purpose of ascertaining the truth
of such afidavitS and the correctness of
such statements full power is hereby vested
in the railroad commissioners to examine,
under oath, the officers or employees Of said
companies, corporations, or said person, or
other persons, and if any person so ex-
amined by the railroad Commissioner
shall knowingly or willfully swear falsely
concerning the matter aforesaid. every
such person is declared to have committed
perjury, and for the purpose of securing to
the state the payment Of the aforesaid
state shall have a lien upon all property
of said companies, corporations or persons,
and the lien hereby secured to the state
shall have n take precedence of all de.
mands, DEGREES and judgments against
said companies, corporations or persons.
treasurer under the provisions of this act,
account Of the general fund of the state.
SEC. 8. If any company, corporation or
person operating or running sleeping cars
in this state shall fail to make the sworn
statement as provided in section four of
this act, at the time and in the manner
provided by law, or to pay the license fees
as herein provided, and such default shall
continue during the period of thirty DAYS,
such company, corporation or person shall
be subject to a penalty in an amount equal
to twenty-five per cent. of the license fees
due under the provisions Of this act, and
the treasurer of the state shall forthwith
ascertain the amount of such license fees
due from such company, corporation or
person as nearly as may be available, and
shall thereupon collect such license fees
SO ascertained, together with said penalty
thereon. The amount of license fees ascer-
section provided, shall, together with said
penalty thereon, [be] by him entered in
the book of his Office, and such entry,
when 80 made, shall stand in the place Of
the sworn statement required by Law to be
made by such companies, corporations or
persons, and shall, IN all courts of this
state, be evidence Of the amount of such
facts stated berein in pursuance of this
act.
SECT. At any time after the expiration
OF the period of thirty days after any
license has become due and payable under
the provisions of this act, the state treas
urer or his deputy shall distrain sufficient
property, goods or chattles, if found within
this state, to pay the license fees due from
such companies, corporations or persons,
together With the penalty thereon herein
provided. and the cost of sale and
shall Immediately advertise The sale Of the
same in at least three newspapers pub
lished in the state, stating the time when
and the place where such property shall
be sold, and four weeks notice Of the time
and place Of such sale shall be given.
Such sale shall take place at some point
In this state and the proceeds OF the same