Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-18

sustained. a.sA.' ..' :,
SEC. IS. In case any owner or c~onsignee
of grain shall be dissatisfied with the in
spection of any lot of grain, or shall from
any cause desire to receive his property
without its passing into store, he shall be
at liberty to have the same withheld from
going into any public warehouse (whether
the property may have been consigned to
such warehouse or mott by giving notice to
the person or corporation in whose possess
sion it may be at the time of giving such
notice; and such grain shall be withheld
from going into store, and be delivered to
him, subject only TO such proper charges as
may be a lien upon it prior to such notice
the grain in railroad cars to be removed
therefrom by such owner or consignee
within twenty-four (24) hours after such
notice has been given to the railroad COM
pany having it in possession; provided,
such railroad company placing the same in
a proper and convenient place for unload
ing; and any person or corporation refus-
ing to allow such owner or consignee to
receive his grain shall be deemed guilty Of
conversion. and shall be liable to pay such
owner or cOnSignee double the value of the
property SO converted. Notice that such
grain is not to be delivered into store may
also be given to the owner or manager of
any warehouse into which it would other
wise have been delivered, and If, after such
notice, it be taken into store in sucn ware
house, the proprietor or manage of such
warehouse shall be liable to the owner of
such grain for double its market value.
SEC. 36. 1t shall be unlawful for any pro-
prietor, lessee or manager of any public
warehouse to enter into any contract, agree
ment, understanding or combination with
any railroad company or other corporation,
or with any individual or individuals, by
which the property of any person is to be
delivered to any public warehouse for stor-
age or for any purpose, contrary to the di-
rpnfiOn of fhn nuynar hio orauf nv oo~
signee.
SEC. 81. The commissioners of railroads
shall before the fifteenth day of September
in each year establish a grade for all kinds
OF grain bought or handled by any public
warehouse in the state, which shall be
grades so established shall be published in
some daily newspaper, in each of the three
places of Grand Forks, Fargo and
Wahpeton. each day, for the space of one
week.
SEC. sS. 1t shall be the duty of the chief
or warehouse in this state standard sam.
pies of grain as established by the official
Inspection, when requested SO to do by the
proprietor, lessee or manager thereof, at
the actual cost of such sample.
SEC. 80. 1t will be the duty of the COM
mlssioners OF railroads to assume and ex-
ercl|e a constant supervision over the
grain intere ITS of this state, to supervise
the handling, inspection, weighing and
storage OF grain, to establish all necessary
rules and regulations for the weighing,
grading, inspection and appeal OF inspec-
ton of grain, and for the management Of
the public warehouses of the state as far as
such rules and regulations may be neces-
sary to enforce the provisions Of this act,
or any law OF this state in regard to the
same, to investigate all complaints of fraud
or oppression in the grain trade and to cor
rect the same as far as may be in their
power.
SEC. 40. The aforesaid rules and regula-
tions not being contrary to the provisions
of law, shall be published by SAID commits
sioners of railroads in a daily paper in
Grand Forks, Fargo, Wahpeton and Fair
mount, and shall be in force and effect I'M
til they shall be in force and effect until
commissioners in a like public manner.
SEC. Al. All moneys collected by state
grain inspectors, weighmasters and other
officers, as herein provided for, shall by
them be paid into the state treasury.
SEC. AZ. 1t shall be the duty of the treas
urer of the State of North Dakota t. re-
ceive all moneys aforesaid, and all fines
and penalties collected by virtue of this
act, and to keep a separate account of the
same, and to pay the same on the order of
the commissioners Of railroads and not
otherwise.
Sc SEC: g; The attorney general of the
attorney for the commissioners of rail-
roads, and shall give them such counsel
and advice as they may from time to time
require, and he shall institute and prose-
cute any and all suits which said commits.
SlOners OF railroads nay deem eXpedient
and proper to institute, and he shall
render to such commissioners
OF railroads all counsel. advice
and assistance necessary to carry out the
provisions of this act, according to the true
intent and meaning thereof. In all crimi-
nal prosecutions against a warehOuseman
for the violation OF any of the provisions of
this act, it shall be the duty Of the county
attorney Of the county in which such prose-
cution is brought, to prosecute the same to
a final issue.
SEC. a.. Nothing in this act shall be so
construed as to prevent any person from
grade.
SEC. As. All acts and parts of acts,
general or special, conflicting with this act
are hereby repealed.
SEC. AZ. The sum of five hundred (5OO)
dollars, or as much thereof as is necessary
to carry out the provisions OF this act, is
hereby appropriated out of any money in
the state treasury not otherwise appropri-
ated.
SEC. 48. But the provisions of this act
shall not charge the liabilities of ware
housemen on grain now in store, nor the
inspection thereof; but said inspection
shall be had under the same system which
it was received into store.
SEC. 49,. This act shall take effect and be
IN force after the expiration Of sixty (6O)
days after its passage.
Approved April 1, 1890.