Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-11

IN - vi 1 DbhOU pAotAu tlluU
nothing in this act shall apply to street
railways or to the carriage, storage or
handling by any common carrier of prop
erty free or at reduced rates for the United
States or for the State of North Dakota, or
for any municipal government or corpora
ton within the state, or for any charitable
purpose, or to or from fairs and EXPOSE
lions for exhibition thereat Tor stock for
breeding purposes), or to the ssuance of
mileage, excursion or communication passen-
ger tickets, at rates made equal to all, or to
transportation to stock shippers with cars.
and nothing in the provisions of this act
shall be construed to prevent common car
riers, subject to the provisions of this act,
from issuing passes for the free transpOr-
tation OF passengers Or to ministers of reli-
giOn, sisters of charity or to missionaries
or to students of any college or university
or other institutions of learning of this
state or to children attending any of the
educational or charitable institutions of
the state subject to the provisions of this
act.
~ The term railroad" as used in this
act shall include all bridges or ferries used
or operated in connection with any rail-
road. and also all the road In use by any
corporation operating a railroad, whether
owned or operated under a contract, agree
ment or lease; and the term "transpOrta-
ton" shall include all instrumentalities Of
shipment or carriage.
Sec. 2. (a) That all charges made by
any common carrier, subject to the pro-
visions of this act, for any service rendered
or to be rendered in the transportation of
passengers or property as aforesaid, or in
connection Herewith, or for the receiving,
delivering, storage or handling of such
property shall be equal and reasonable;
charge for such service is prohibited and
declared to be unlawful;% provided, that one
car load of freight of any kind or class
shall be transported at as low a rate per
ton, and per ton per mile, as any great
er number Of car loads of the same kind
and class from and to the same points OF
o%rigination or destination.
mon carrier, subject to the provisions
Ut this act. to make or give
any unequal or unreasonable prefer
ence or advantage to any particular person.
company,f firm, corporation or locality or any
particular description of traffic, in any re-
spect whatsoever, or to subject any particu-
lar person, company. firm, corporation or
traffic to any unequal or unreasonable
prejudice or disadvantage IN any respect
whatsoever.
SEC. 8. (a) That all common carriers,
subject to the provisions of this act, shall,
according to their respective powers, pro-
vide, at the point Of connection, crossing
or intersection, ample facilities for trans
ferring cars and for accommodating and
transferring passengers. and traffic of all
kinds and classes, from their lines or
tracks, to those of any other common car
rler whose lines or tracks may connect
with, cross or intersect their own. and
Shall afford all equal II reasonable facili-
ties for the interchange of cars II traffic
between their respective lines, and for the
rnanivInr fnVyu rIlnr and HaliXynCinr nf
passengers and property and cars to and
from their several lines and those of other
common carriers connected Herewith, and
shall not discriminate in their rates and
charges between such connecting lines, or
for freight coming over such lines; but this
shall not be construed as requiring any
common carrier to use for another common
carrier its tracks, equipments or terminal
Facilities notwithstanding compensation.
(b) That it shall be unlawful for any
common carrier subject to the provisions of
this act, to enter into any combination, con-
tract or agreement, expressed or implied,
to prevent, by change of time or schedule,
or by carriage in different cars. or by any
other means or device, the carriage of
freight from being continuous from the
place of shipment to the place of destina-
tion; and 10 break of bulk, stoppage or
interruption made by such common
carrier shall prevent the carriage of
freight from being treated as one
continuous carriage from the place of
shipment to the place of destination, unless
such break, stoppage or interruption was
made in good faith for some necessary
purpose and without any intent to avoid
or unnecessarily interrupt such continuous
carriage or to evade any Of the provisions
of this act.
(c) Every common carrier operating a
railway in this state shall, without un-
reasonable delay, furnish, start and run
cars for the transportation Of persons and
property, which. within a reasonable time
heretofore, is offered for transportation at
any of its stations Oh its line Of road and
at the functions of other railroads, and at
such stopping places as may be established
for receiving and discharging passengers
and frcights; n shall take, receive, trans
port n discharge such passengers and
property at, from and to such stations,
trains advertised to stop at the same, for
passengers and freight, respectively, upon
the due payment. or tender of payment, of
tolls, freight or fare therefor, il such pay
ment is demanded. Every such common
carrier shall permit connections to be
made and maintained in a reasonable man.
ner with its side tracks TO and from any
warehouse, elevator or mandatory with
out reference to its size or capacity; provid-
ed, that this shall not be construed so as to
require any common carrier to construct
or furnish any side track off from its own
land; provided, further, that where stations
are fifteen miles or more apart, the com
nor carrier, when required to do so by
the commissioners of railroads, shall con-
suruct and maintain a side track for the
use of shippers between such stations.
(d) Whenever any property Is received
by any common carrier subject to the pro-
visions of this act, to be transported from
one place to another within this state, it
shall be- lawful for such common carrier
to limit in any way, except as stated in its
classification schedule, hereinafter provid-
ed for, its common law liability with ref
erence to such property while in its Gus
tOdy as a common carrier las hereinbefOre
mentioned), such liability must include
the absolute responsibility of the common
carrier for the acts of its agents in rela-
ton to such property. ..,,4y-
SEC. 4. That it shall be unlawful for
any common carrier subject to the provis-
ions of this act, to enter into any contract,
agreement, or combination with any other
common carrier or carriers for the division
or pooling of business of different or Compel
ing railroads, or to divide between them the
aggregate or net proceeds of the earnings
of snch railroads, or any portion thereof;
and in case OF an agreement for the pool
ing of their business aforesaid each day of
its continuance shall be deemed a separate
offenSe.
SEC. s. That if any common carrier,
subject to the provisions of this act, shall,