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

AoooS
declare to equal and reasonable. To which
end the commissioners shall, in writing, in
form such common carrier, in what respect
such tariff of rates, fares, charges or CLASH
fications are unequal and unreasonable,
and shall recommend what tariff shall be
substituted therefor.
(f) In case such common carrier shall
neglect or refuse for ten (10) days after
such notice to substitute such tariff of
rates, fares and charges or classifications,
or to adopt the same as recommended by
the commission, it shall be the duty of
said commission to Immediately publish
such tariff of rates, fares, charges
eiare sI"'t to be- equal al sasf Reasonable vase be
IN one or more newspapers published in
the county or counties through or into
which the road or lines may run, upon
which the charges so recommended by the
commission are to take effect. The news
papers in which such publication shall be
made Subject to the above condition, that
counties through or into which such road
or line Of road may run and the duration
of time which such notice shall be publish
ed shall be in the discretion of the COM
m%issioners; but the tariff of rates, fares,
charges or classitications recommended by
the commission shall be in full force and
effect from and after the expiration
upon such common carrier of the
notice in writing required by subdivision
Sc" of this section without regard to the
publication authorized by this ST" subdivi-
sion; and after the expiration of ten days
from the service OF such notice in writing
upOn such common carrier 1t shall be un-
lawful for such common carrier to charge
n hirIn,. nr inUl, rata farn ohorrA nr nj oc-
sification than that fixed by said commits
sion.
(g) If any common carrier, subject to
the provisions of this act shall neglect
or refuse to publish or file its schedule of
classiticatiOns, rates, fares or charges or
any part thefeof as provided in this section,
or If any common carrier shall refuse or
made and published by such commission
ers, such common carrier shall be subject
to a writ of mandamus, to be issued by any
judge of the supreme court, or of any of
the district courts of this state upon appli-
cation OF the commissioners to compel
compliance with requirements of this
section, and with the recommendation
of the commissioners and failure to
comply with the requirements of the
writ of mandamus shall be punishable as
and for contempt, and the commissioners,
as complainants, may also apply to any
such Judge for a writ of injunction against
such common carrier from receiving or
transporting property or passengers within
this state until snch common carrier shall
have complied with the requirements of
tt. is section and the recommendations of
said commissioners, and for any Willful
violation or failure to comply with such
requirements or such recommendations of
said commissioners, the court may award
such costs, including counsel fees, by way
&c ~, fl,n nk,,r re rnsI yryrsN, o,-l
after due deliberatiOn thereon. as may be
just.
(h) Any common carrier subject to the
provisions OF this act, may appeal to any
district court of this state from any order
made by said commissioner regulating or
fixing its traffic Of rates, fares, charges or
classifications, or from any other order
made by said commissioners under the
provisions of this act, by serving a notice
in writing upon the secretary of said COM
missioners, or any n Of said commission
ers within sixty (60) days after such com
mon carrier shall have received written
notice from said commissioners OF the
making of such order. If the order ap-
pealed from does not regulate or fix the COM
mon carriers tariff of rates, fares or charges,
the district court to which the appeal is
taken may in Its discretion suspend the
operation and effect of the order appealed
from. pending such appeal. The district
courts of this state shall be deemed to be
always in session for the purpose of hear
ing and determining all appeals taken I'M
der the provisions of this act. The COM
the same IN for hearing and determination
at any time after taking such appeal, upon
serving a notice to that effect upon any
ono of the commissioners or upon their
secretary at least sixty days prior to the
day set for such hearing. The district
court shall. upon the hearing Of such ap-
peal, receive and consider such evidence as
may be adduced by either party, and shall
rescind, modify or alter said order appealed
from in such manner as may be equitable
the decision of the district court
to the supreme court of this state
by serving a notice of such ap-
peal upon the opposite party; For the
purpose of hearing such appeals, the SUI
preme court snail always be in session and
appeals to it may be heard %summarily by
either party's serving upon the other a
notice of hearing, at least fifteen days be-
fore the day fixed for such hearing. When
evidence has been taken before the district
court, such evidence may be signed by
the party presenting such evidence to
said judges for signature, giving the other
party five days notice Of the time and place
Of such presentation. The evidence signed
as aforesaid, shall become part of the
record in the case and upon an appeal to
the supreme court being taken as herein
before mentioned, shall be transmitted by
the clerk Of the district court to the SUI
preme court, together with all the records
and files in the case. The supreme court
may reverse. affirm OF modify the de-
cision of the district court as may seem
equitable and just.
SEC. 9. The attorney general of the state
of North Dakota shall be ex-oficio
attorney for the commissioners of railroads
and shall give them such counsel and ad-
vice as they may from time to time require;
and he shall institute and prosecute any
[and] all suits which said commissioners
Of railroads may deem it proper and
e%Xpedient to prosecute; and he shall render
such commissioners of railroads all counsel,
advice and assistance necessary to carry
out the provisions Of this act, or of any
law of this state. according to the true
intent and meaning thereof. 1t shall like
wise be the duty of the district attorney
of any county in which suit is instituted
or prosecuted, to aid in the prosecution of
the same to a final issue Upon the request
of such commissioners. Said commission
ers are hereby authorized at the request of
the attorney general to employ such adj
ditiOnal legal counsel as he may think
proper, to assist in the prosecution of any
suit they may determine to bring under
the provisions of this act, or of any law of
this state.
SEC. 10. (a) That the commissioners of