Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-02-28

upon conVlctlOu, Snail Ue uueu III SUN
than five hundred (500) dollars.
Approved February II. 1890.
NO. 80.
Transfer Of Freight at Railroad Crossings and
the Maintenance of Depots at the Same"
Be it Enacted by the Legislative assembly of the
State of North Dakota:
SECTION l. In all cases where any line
of railroad shall cross or intersect any
other line of railroad in this state, it shall
be the duty Of the railroad companies own
ing or operating such intersecting railroad
lines within sixty (60) days, as hereinafter
required so to do, to provide at such cross
ing or intersection suitable and sufficient
facilities such as building Us or other
tracks, platforms, warehouses, depOts, etc.,
for transferring cars and for accommodate
ing and transferring passengers and traffic
of all kinds and classes from one such line
of railroad to another and to afford equal
and reasonable facilities for the inter-
change of cars and traffic between their
respective lines.
resident freeholders residing within ten
(1O) miles of the crossing or intersection of
any railroad lines shall petition said rail
road companies owning or operating said
intersecting railroad lines, it shall be the
duty of such railroad companies to build,
equip and operate within sixty (60) days
thereafter the necessary Y's. tracks and
switches necessary for the transfer of all
kinds and classes of freight by car lots
from one such line to the other.
SEC. 8. Whenever any fifty resident
freehOlders residing within ten 10) miles
OF any crossing or intersection of any rail
road lines shall petition said railroad COM
panies owning Or operating said intersect-
ing lines of railroad, it shall be the duty of
maintain suitable Y's, tracks, switches and
also a suitable warehouse and depot for
the accommodation Of passengers
and of freight of all kinds and
classes and the said railroad COM
panies shall maintain an agent there
who shall be q telegraph operator, pro
wires, ETC., necessary for the transacting
Of business in such manner as the bust
ness of other stations on their respective
lines is usually transacted.
SEC. 4. Upon the presentation of a petit
ton, signed by the requisite number of
%freeho!ders, as provided by sections 2 and
8 of this act, it shall be the duty Of the
railroad crossing or intersection is situated,
as mentioned in said petition, to transmit
within three 81 days thereafter upon re-
ceipt of 80 cents for filing and 81 for a Ger
titled copy thereby a certified copy of the
the said petition to the general manager of
each of said intersecting lines of railroad,
and the said clerk of the court shall there
of such copies as to time, etc, which record,
together with the original petition, shall be
prima facia evidence in any court of law
Of such notification to said railroad com-
panies.
SEC. 5. If any railroad company or COM
panies to whom such petitions are addressed
shall fail to comply with any OF the pro-
scribed by section l Of this act, any person
who may have signed any petition under
section 2 or 3, may appeal to the railroad
commissioners by filing with said railroad
commissioners an affidavit setting forth the
fact that said petition has not been grant
ed, and also & certified copy of the original
petition, it shall then be the duty Of said
railroad commissioners to condemn all
lands necessary for the requirements of the
prayer of said petition in such manner as
lands are usually condemned for public
purposes; Provided, however, That said
railroad commissiO: 9 s cannot easily obtain
the right of way or a deed to such lands as
tracks, depots or platforms; Provided, fur
Their, That in all cases where there is room
upon the right of way of any intersecting
lines of railroad the commissioners shall
build all tracks, US, switches, depots, plat
forms, ETC., thereon Immediately proceed to
build such tracks, US, switches, depots,
platforms, etc, as are required by the diff
ferent sections of this act to be built, and
the cost thereof shall Immediately thereon
become a lien upon the rolling stock, road
bed, equipments, earnings, ETC., of such
railroad companies and Ia be by such
railroad commissioners collected by law in
such case made and proyid, d.
SEC. 6. In all cases where it becomes
necessary for the railroad commissioners
platforms, etc, under any Of the provisions
of this act and the railroad companies own
ing or operating any interSecting lines fail
to pay for the same within thirty days after
being duly notified of and presented with
an itemized account of one-half the costs
of constructing the same, the said railroad
commissioners are hereby empowered to
present the state auditor with a verified ac-
count in writing of the cost Of building of
such tracks. Y's, switches, platforms, etc.,
and the costs of all lands necessarily con
demned or bought in the construction Of
the same and the state auditor shall there
upon draw his warrant upon the state
treasurer for the mount thereof in favor
OF said railroad commissioners. 1mmedi-
ately upon the receipt Of such
warrant 1t shall be the duty of
the railroad commissioners to COM
mence an action against all railroad COM
panies intersected for the recovery Of the
costs of construction of all such US, tracks,
switches, platforms ,depots, etc. Said action
shall be in the name of the state as plain
till, and shall be maintained and prose-
cuted as all such actions are maintained
and prosecuted.
h. SEC. Z. The cost of transferring a car of
freight of any kind or class shall be one
dollar, and the rate both before and after
transfer shall be in accordance with the
rate of the respective lines from which and
to which such car may be transferred sub
made and provided; provided, however.
that the same rate shall be charged from
any point on any railroad to any point on
any other railroad that corresponds with
the schedule rate Of the road first making