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

provisions of this act, to charge or receive
as great compensation for a shorter as for
a longer distance; provided, however, that
upon application to the commissioners of
railroads, such common carrier may, in
special cases, after investigation by the
said commissioners, be authorized to charge
less for longer than for shorter distances,
for the transportation OF passengers or
property; and the commissioners may
from time to time prescribe the extent to
which such designated common carrier
may be relieved from the operation of this
section of this act.
Sec. Z. (a) That it shall be unlawful for
any common carrier, subject to the pro-
visions of this act, to charge or receive any
greater compensation, per ton per mile for
the cOntempOraneOus transportation Of the
same class OF freight for a longer than for
the same general direction, or from the
same original point of departure, or to the
same point of arrival; but this shall not be
construed as authorizing any common car
rier, subject to the provisions Of this act. to
charge as high a rate per ton per mile for
a longer as for a shorter distance.
(b) The railroad commissioners shall on
system of uniform rules which they may
change from time to time as found neces-
sary, governing the distribution of cars to
be loaded, among applicants at stations
and side tracks on all railroads in this state,
and they shall serveea copy of such rules
upon all railroad superintendent in this
state, which shall be sufficient notice to
such railroad company, and said rules shall
have all the force and effect of an order,
under the provisions of this act, and the
disregard of the requirements or refusal to
obey the requirements OF such rules shall
subject. and make liable, said common car
rier to the pains and penalties made and
provided in such case. The railroad COM
missioners shall publish said rules in one
road station within its limits, as elsewhere
provided in this act for the publishing of
rates. and shall also cause a copy of SAID
rules to be posted IN some public place at
each station and side track for the informa.
ton of shippers. If any railroad company
shall refuse or neglect to furnish cars as
provided in the rules aforesaid at any sta
ton or side track, complaint having been
made to the railroad commissioners or any
n of them, it shall be their duty to i'm
mediately enquire into the cause of such
delay in furnishing the cars demanded, and
If they find just cause for complaint they
are empowered and required to make such
orders and rules as they may deem to be
right and just to all parties concerned, the
same to be enforced as other orders and
rules are enforced under the provisions
of this act; provided, all railroad
corporations, in case Of a shortage of cars
shall be required to furnish at all times
each branch or division Of its road, its just
proportion of cars required for the trans
pOrtation Of freight according to the amount
offered for shipment on each branch or
division.
(c) There shall in no case be more than
one terminal charge for switching or trans
ferring any car, whether the same is loaded
or empty, within the limits of any one city
or town. iii Unnecessary that any car pass
over the tracks of more than II company,
within such city or town limits, in order to
reach its final destination, or to be returned
therefrom to its owner or owners, then the
company first switching or transferring
such car shall be entitled to receive the en-
tire charge to be made therefor, and shall
be liable to the company or companies doing
the subsequent switching or transferring
thereof for its or their reasonable and
equitable share of the compensation re-
ceived, and if the companies so jointly in
share thereof which each is entitled to re-
ceive, the same shall be determined by the
commissioners of railroads whose decision
thereon shall be final and conclusive upon
all parties interested, and the said commits
sioners are authorized to establish such
rules and regulations in that behalf as to
them may seem just and reasonable and
not in conflict with this act.
SEC. g.. (a) That every common car
rier, subject to the provisions of this act,
shall within sixty (60) days after this act
shall take effect, print and thereafter keep
for public inspection, schedules showing the
classification. rates, fares n charges for
the transportation of passengers and prop
erty of all kinds and classes which such
0nn,ynnn "a rriQr hoS oSto h1iohoH OVID yyhioh
are in force at the time, upon its railroad,
as defined by the first section of this act.
This schedule printed as aforesaid by such
common carrier shall plainly state the
places upon its railroad between which
property and passengers will be carried.
and shall contain classification of freight
in force upon each of the lines of such
railroad, a distance tariff, and a table of
interstation distances, and shall also state
separately the terminal charges, and any
rules or regulations which in anywise
change, affect or determine any part of the
aggregate OF such aforesaid rates, fares
and charges. Such schedules shall be
for the use of the public, shall be kept in
every depot or station upon any such rail
road, in such places and in such form that
they can be conveniently inspected.
(b) No change of classification shall be
made, and no change shall be made in the
rates., fares ana charges, which have been
established and published as aforesaid, by
any common carrier, in compliance with
the requirements of this section, without
the order or by the authority of the rail-
road commissioners except after ten (1O)
days public notice, which notice shall
plainly state the changes proposed to be
made in the schedules then in force, and
the time when the changed schedules will
go into effect, and the proposed changes
will be shown by printing new schedules,
or shall be plainly indicated upon the
schedules in force at the time and kept for
public inspection.
(c) And when any common carrier
shall have established and published its
classifications, rates. fares and charges in
compliance with the provisions of this
section, it shall be unlawful for such COM
mon carrier to charge. demand, collect or
receive from any person or persons a
greater or less compensation for the trans
portation of passengers or property or for
any service in connection herewith, than
is specified in such published schedule of
clasSifcatiOns, rates, fares and charges as
may at the time be in force!
(d) Every common carrier. subject to
the provisions of this act, shall file with
the commissioners of railroads copies of
its schedules of c~lassifcations, rates. fares,
and charges which have been established
and published in compliance with the re-
quirements of this section, and shall
promptly notify said commissioners of all
changes proposed to be made in the same.