The Bottineau pioneer., 1890-03-22

.:te,oatinued.,

N, 80. An sot ascending chapter forty
two, Of the general laws Of the eighteenth
session Of tho LegtA Aiivc Assembly of the
Territory Of DakotA, entitled "An act
sutborizing and empowering organized coun-
ties Of Dakots to erect county buildings for
Court Houses and Jail purposes and te issue
and dispose Of bonds 10 provide funds to
pay therefor, and 70 provide for the pay
ment Of principal and interest Of such
| bonds. s
(Th,s act will not apply to Bottineau
Count
No. 80. An sct to fix the maximum
rates that railroad companies may charge
| for the transportation Of coal mined within
the State Of North Dakota.
This will make the freight on Bro COL
toms coal to Bottineau u. .l6 per ton.
| No. 81. An act entitled IAN oct to
attach certain townships to the third Legis-
lative District.
No. 62. An act suthorizing the exclusion
Of certain persons from the trial Of causes Of
q scandalous or obscene nature.
1--WE regard this ss very proper law,
and publish IL in full for the benefit Of
Bo:tineau Judiciary
fs g. Section l. That when in any court .
oGNse Of scaudalous or obscspe nature 10
onhrial, the presiding judge or justice may.
in his dit tcretion, exclude therefrom ell min
orr not necessarily present - parties or
Witnesses
Approved March 3, 1890.
No.68. An act providing for the erectie n
Of public grain warehouses and elevators
on the right Of way Of rail road corporations
| and contiguous thereto aud prescribing
condem1 a,ion proceedings in connection
Herewith
(This is a law Of great importance to our
gr lin raisers anb We publish it in full.
1t will break the Elevator Monopoly
Section l. ANY two or more persons.
corporation or association, who htve or
shalt, by articles Of agreement in writing,
associate themselves together under any
name assumed by them. for the purpose of
operstings warehouse or elevator by and
for the purchase, storsge and shipping Of
wheat or other grain within this state,
may make ar application in writing to any
| railroad company or corporation Organized
| under the laws Of this state, or doing bust
ness therein. to be permitted to csnstruct-
to maintain and operate warehouse or
elevator a. any Of its regular way stations
upon it's right Of way, TO be used for the
purpose afore said, and the railroad COM
pany or corporation 50 applied to shall
rant such application, without regard to
the capacity Of snch elevator or warehouse
ani without discrimina ion as to persons
and in the order in which such applications
shall - presented.
| oo>
erected under the provisions Of this act shall
be kept open for transaction Of business
during such portion Of the year ss may be
requi, ed BY the statutes Of the state. OF the
board Of feilroad commissioners. The asso.
Citations pe corporations which shall avail
themselves Of the benefits or privileges Of
this section. are declared to be public cor.
porations. subject 70 legislative supervision
| and control st all times and in all psrticu
lars in which rights or powers are conferred
upon them by this sct. Before the sppli
cation herein before mentioned need be
granted by any railroad company or cor.
porasion, the association making the same.
| shall pc y or secure to such railroad com
pany or corporation such compensation for
tho right. privilege or franchise demanded
in such petition as may be sgreed upon be-
| tween the parties as . just and reasonable
yearly rental therefor, or fixed or certain
am cunt TO be paid in one sum in lieu Of q
rental 10 be paid annually fer the uss and
| occupation Of the site occupied by such
warehouse or elevator and the uses and pri.
vileges connected therewith. II the parties
fail TO agree upon such yearly rental OF
upon lump sum to be paid in lieu thereof
the anne may be determined and assessed
upon petition to the district court for the
district in which the station, at which the
warehouse or elevator is loca;ed. may be
situated pursuant TO the provisions Of the
ststuts Of the condemnation Of private prop
erty for pub ic uses. All notices 10 be served
upon the railroad company or corpora tion 10
the initiation Of such CON. en- nation proceed
iIg or during the progress thsreof may be
served in manner provided BY tie laws Of
this state for the service upon such corpor-
ations Of summons in IN action in the district
court; Provided, That either party shall
have the right to appeal from the decisions
of the commissioners to tt . district court for
the d strict aforesaid within twenty days
from the fling Of the same and service Of the
| notice OF the fling Of such decision; an
such appeal shall bs taksn, and heard aud
determined in like marner as appeals of the
commissioners for conden,ning lands for the
| use Of railroad corporations. ss far 40 the
same may be applicable; Provided, further,
that in case Of condemnation proceeding
the nissioners shall, determine and 70.
turn both the rental to be paid annually
and lump sum in lieu thereof. II the
association naking tho application shall
prefer to pay the annual rental 90 found by
the commissioners or by the jury on appeal
in lieu Of the lump gum found by them ss
afooesaid, che same shall be paid annually
in advance, and in default thereof the wsre-
house or elevator shall not TO erected. or II
ON cted shall bs moved il thirty days after
notice from the railroad company or cor
p0sAtIon, and on default TO 90 remove the
same il shall be forfeited to said company or
corporation
Sec. 8. Every railroad company or oor-
porstion organised under the laws OF this
stste, or doing business therein. shall up,n
application in writing, provide reasonable
side track facilities end running connec
tiOns between its msin track and elevators
and warehouses upon Or contiguous to its
right Of way at such stations; and every
such railroad corporation shall permit con-
nections to be made ard maintained n Z
reasonable manner with ies side trsoh 20
and from any warehouse or elevator. With
out reference 70 its size. cost OF capacity:
whore grain u OF may be stored; Provided,
that this shsll not b 30 construed @ 10 rs-
quire q y railroad company 10 construct Or
furnish any side tracks o6 its own land or