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

depOtS, on or upon the railroads OF any
railroad company in this state, in the per-
in the Judgment of the commissioners, 1t
shall appear that any common carrier fails
in any respect or particular to comply with
the laws of this state, or whenever in their
Judgment any repairs are necessary upOn
its railroad, or any addition to or change
or any change in the mode of operating
its road or conducting its business is reas-
enable or expedient in order to promote
the security, convenience and accomoda-
ton Of the public, said commissioners
shall inform such railroad company by a
summons in civil actions Is required to be
served by the statutes of this state in &C.
tions against corporations, when certified
by the clerk or secretary of the railroad
commissioners, and if such common car
rier shall neglect or refuse to comply with
in their discretion, cause suits or proceed
ings to be instituted to enforce Its orders as
provided in this act.
SEC. IL. (a) That in case any COM
mon carrier, subject to the provisions of
this act, shall do, cause to be done, or per-
nit to be done, any act or thing in this act
prohibited, or declared to be unlawful, or
shall omit to do any act, matter or thing in
this act required to be done, such common
carrier shall be liable to the person or per-
sons, party or parties injured thereby, for
the full amount of damages sustained in
consequence Of any such violations of the
provisions of this act,together with treason
able counsel or attorneys fees to be fixed
by the court in every case of recovery,
which attorneys fees shall be taxed and
collected as part of the costs in the case.
(b) That any person or persons, party
or parties claiming to be damaged by the
action or non-action of any common car
rier, subject to the provisions of this act,
may either make complaint to the commits
sioners. as hereinbefOre provided for. or
may bring suit in his or their W behalf
for the recovery Of the damages for which
such common carrier may be liable under
the provisions OF this act, In any district
court of the state, of competent jurisdic-
ton; but such person or persons shall not
have the right to pursue both of said rene
dies at the same time.
(c) In any such action brought for the
recovery of damages the court before
which the same shall be pending may COM
pei any director, officer, receiver, trustee or
agent of any corporation or company, de-
PENDANT in such suit, to attend, appear and
testify in such case, and may compel the
production of the books and papers of such
corporation or company, party to any such
suit; the claim that any u testimony or
evidence may tend to criminate the person
giving such evidence shall not excuse such
witness from teStifying. but such evidence
or testimony shall not be used against
such person on the trial of any criminal
proceeding.
SEC. IL. That any common carrier, SUBJ
ject to the provisions of this act, or when
ever such common carrier is a corporation,
any director or officer thereof, or any receiv-
er, trustee, lessee, agent or person acting
for, or employed by such corporation, who
alone or with any other corporation, COM
pany, person or party, shall willfully do or
cause to be done, or Shall willfully suffer
or permit to be DONE, any act. matter or
thing in this act prohibited or declared to be
unlawful, OF who shall aid or abet therein,
or shall willfully omit or fail to do any act,
matter or thing in this act required to be
done, or shall cause or willfully suffer or
permit any act, matter or thing so directed
or required by this act to be done, not to
be done, or shall aid or abet therein any
such omission, or shall be guilty of any
willful infraction of this act, or shall aid
or abet therein, shall be deemed guilty of a
violation of the provisions of this act and
shall, upon conviction thereof in any dis
trict court of the state within the jurisdic-
ton of which such offence was committed,
be subject to a penalty of not less than
$4,000 or more than $1,000 for the first Of
Tense, and not less than $1,000 or more than
$40 900 for each subsequent otfense.
SEC. ID. Gay That any person, firm, cor
p%oration or association, or any mercantile,
agricultural or manufacturing society. or
any body polite or municipal organization,
complaining of anything done or omitted
to be done by any common carrier subject
to the provisions of this act, in contraven-
ton of the provisions thereof, may apply
to said commissioner by petition, which
shall briefly state the facts.
(b) WhereupOn a statement of the
charges thus made shall be forwarded by
the commissioners to such common car
rier, who shall be called upon to satisfy
tho anmnlaint nr fn anSWpr the sauna in
writing within a reasonable time, to be
specified by the commissioners. If such
common carrier within the time specified,
shall make reparation for the injury al
legged to have been done, said carrier shall
be relieved of liability to the complaint
only, for the particular violation of the law
thus complained of. If such carrier shall
not satisfy the complaint within the time
specified, or there shall appear to be any
reasonable ground for investigating said
complaint, it shall be the duty of the COM
missionerS summarily to investigate the
matter complained of, in such manner and
by such means as it shall deem proper. No
complaint shall at any time be dismissed
because of absence of direct damages to
the complainant. And tor the purposes of
this act the commissioners shall have
power to require the attendance of wit
nesses and the production Of all books, pa
pers. contracts, agreements and documents
relating to any matter under investigation,
and, to that end, may invoke the aid of any
of the courts of this state, in requiring the
attendance of witnesses and the produc-
ton Of books, papers and documents, under
the provisions Of this act.
(c) Any OF the district courts of this
state, within the jurisdiction of which such
injury is carried on, shall, in case OF contu-
macy or refusal to obey a subpoena issued
by the commissioners to any common car
rier subject to the provisions Of this act,
or, when such common carrier is a corpor-
alton, to an officer or agent thereof, or to
any person connected Herewith, if pro-
ceedings are instituted in the name of such
commissioners as plaintiffs, issue an order
requiring such common carrier. officer or
agent, Or person to show cause why such
contumacy or refusal should not be pun
ished as and for contempt, and if upon the
hearing the court finds that the injury is
within the jurisdiction of the commissions
erS, and that such cOntumacy or refusal is
willful and thu same is persisted in, such
contumacy or refusal shall be punished as
though the same had taken place in an &C.
ton pending in the district court for any
judicial disaaict in this state. The claim
that any such testimony or evidence may
tend to criminate the person giving such
evidence shall not excuse such witness
from testitying; hut such evidence or testi-
mOny shall not be used against such per-