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

or bonds against abuse, discrimination,
loss or fraud by or on the part of the per-
son or persons, firm, company or corpora
ton, conducting or having conducted or
doing such storage business, the bond shall
be deemed continuous.
SEC. No person or persons, firm. COM
pany or corporation who shall buy and sell
grain, but shall not store the same for a
compensation, shall be required TO give
md as hereinbefore provided.
Sec. 8. Any person or persons, firm
Company or corporation, who shall be or
become public w~arehousemen under this
act shall be subject to the supervision. con-
troll, direction, penalties and other pro-
visions prescribed by this act.
E 8. Any storage receipt issued with
in the boundaries Uf this state, shall pro-
vide by express agreement that at the
option OF the holder OF such receipt the
kind, quality and quantity of grain for
Which such receipt was issued shall be
delivered back to him at the same place
where it was received upon the payment
OF a reasonable charge per bushel for re-
celvlng, handling, storing and insurance
charges, such charges to be fixed by express
terms in the storage receipt at the time of
receiving the grain at the elevator or ware
house, aud at the time of issuing the re-
c :ipt; provided, that no charges shall be
made for cleaning grain unless such grain
has been actually cleaned.
SEC. 10. When a storage receipt is issued
for any kind OF grain, the quality of which
falls below the highest standard, then such
storage receipts shall not only express and
determine the grade, but shall likewise ex-
pressly state how many cents per bushel
below the price for the highest grade such
grain shall be bought at when sold; pro-
vided, that the warenouseman with whom
the grain is stored shall pay the SANE price
per bu,hel for such stored grain as Is by
him paid for grain of a like quality upon
the market the same day, less his charges,
as provided for in this act.
SEC. II. When any person or persons
holding a storage receipt for any kind OF
grain shall desire to receive such grain
back from the warehOuseman, he shall
makea tender of payment in full of all
reasonable charges allowable under the
provisions OF this act, and thereupon the
warehouseman shall make full delivery
without unreasonable delay, and shall re-
ceive back the storage receipt or re-
ceipts issued for such grain, which shall
be marked or stamped cancelled"
SEC. IL. The books, papers and all other
written or printed matter kept by or for a
public warehouseman in the prosecution
Of his business Except u as are Of a
private nature), shall be open for the in
spection of the public during reasonable
business hours, and shall be accessible to
any and all persons who shall make a
reasonable demand for examination of the
same; provided, that no such books, papers,
written Ut PorlHIeu maCIel Shall w removed
from the office of the warehouseman, eX-
cept on the order OF a court of competent
jurisdiction and for judicial proceedings,
provided, further, that all books, papers,
written or printed matter that are used for
the purpose of registering the weight,
grade, dockage, price, ETC., of any grain
and which is the memorandum upon which
the purchase, storage, handling, shipping,
or other transaction is based by the ware
houseman in his dealings with any person
or persons in the prosecution of his bust
ness shall not be deemed private.
SEC. 10. All persons, firms, companies or
corporations who are declared to be public
warehousemen under the provisions of
this act shall permit at any and all times
the examination of scales, grain testers and
other appliances or tools used to determine
the weight, grade or dockage in the prose-
cutiOn OF their business, when such eXami-
nation is demanded by any person having
authority under the laws of this state to
supervise, regulate or in any manner con-
troll or direct the manner in which public
warehouSeman shall conduct his business,
or a public warehouse or elevator be con-
Quoted.
SEC. IA. At the time of filing notice of
intention to engage in the business of a
public warehOuseman, the person or per-
sons, firm, company or corporation shall
likewise procure a license for the prosecu-
ton of such business, which license shall be
issued by the county auditor of the respec-
tive counties, and a fee of one dollar per
thousand bushels of elevator capacity shall
be collected for the same and turned into
the county treasury for the benefit of the
general fund.
SEC. Is. The commissioners of railroads
of the state OF North Dakota are hereby
declared to have and possess all needed
authority to supervise and take charge of
any and all matters provided for in this act
except as hereinafter specially provided
for.
SEC. Is. Section Is of this act shall not
be construed to give authority to the COM
missioners of railroads to take charge of
and conduct any elevator or warehouse in
the capacity of warehousemen, but shall
be construed to give authority to correct
testers or other tools or appliances which
are used for the purpose of weighing, grad
ing or docking grain where those already
provided and in use shall be found defec-
tive or unsafe. And, further, section Is
shall be construed to give the commission
ers of railroads mandatory power to carry
out the provisions Of this act.
SEC II. The states attorney of each
county shall prosecute all violations of this
act, and such prosecution shall run in the
name of the State of North Dakota, except
such violations as are wholly of q civil
character.
SEC. Is. Nothing in this act shall be con-
strued to prevent any person or persons
from shipping their own Rraln, or any 9th
er grain that may be purchased by them in
~dependently OF any elevator or warehouse
or other building kept for that purpose
without having first procured a license and
filed a bond as provided in this act.
SEC. ~. Pooling on prices or the amount
of grain to be purchased by each ware
houseman at any point or points, or the
pooling Of profits or losses, or pooling in
any other manner which shall Interfere
with the free and unrestricted trade and
traffic in any and all kinds of grain is
hereby prohibited.
SEC. 20. Any person or persons, firm,
company or corporation who shall know
ingly violate any Of the provisions of this
act or who shall aid or assist in such vio-
lations shall be lined in a sum not less than
$50 nor more than $1,000; provided, that
when the amount of damages caused by
such violation can be aScertained to a GER
tainty such fine shall be double the amount
of such damage, to O sum not exceeding
$1,000; provided further, that any fine
which shall be assessed under this act
shall constitute a lien against the elevator
or warehouse, and any or all grain or
property belonging to the warehouseman
and used in the prosecution of his busi-
ness, until such fine shall have been fully
paid.