Courier Democrat. (Langdon, N.D.) 1891-1920, 1891-05-07

North Dakota Session Laws.
REGULATION OF COMMON CAR
rs. B. No. Ill
An Act to Amend. Subdivisions "E," "F, and
''G." of Section 8 of Chapter 122, of the Laws
of 1890, Pertaining to the Regulation of Com
mon Carriers.
Be it Enacted by the Legislative Assembly of the
State of North Dakota:
SECTION /. Subdivisions "e,' "f" and
"g' of Section of chapter 122, Of the laws
OF 1890, are hereby amended so as to read
as follows:
(e) That in case the Commissioners
shall at any time find that any part of
the tariffs Of rates, fares, charges or CLASH
icatiOnS so filed and published as herein
before provided, are in any respect unequal
or unreasonable, they shall have The
power and are hereby authorized and di-
rected to compel any common carrier to
change the same and adopt such rate, fare,
charge or classification as said Commits
sione ;; shall declare to be equal and rea-
said Commissioners shall finally fix and
declare such rate, fare, charge or classifi-
cation, it shall be the duty of the Commits
siOners of Railroads to serve a written
notice by delivering true copy thereof
upon any agent of the Railroad Company
within the State, setting forth in such no
tice that alta certain time and place they
will proceed to fix and determine such rate,
fare, charge or classification; and they
shall at such time and place and as soon
as practicable afford to any person, firm,
corporation or common carrier who may
desire it an opportunity to make an expla-
nation or showing or to furnish informa-
ton to SAID commissioners on the subject
of determining and fixing such rate, fare,
charge or classification; Provided furthers
That the said Board loft Commissioners
of Railroads shall not make or declare
any order for any purpose without first
giving notice to all parties interested as
provided in this subdivision.
Cf) After the hearing provided for by
subdivision sc" of this section the Commits
sioners of Railroads shall make its order
finally fixing and declaring such rate, fare,
charge or classification and shall lmmedi-
ately serve or cause to be served upon
every person, firm, corporation OF common
| carrier affected thereby, copy of such
order; in case such common carrier shall
| neglect or refuse for ten days after the
| tariff of rates, fares and charges or CLASH
| fications, or to adopt the same as fixed and
| declared by the Commission, it shall be
| the duty OF said Commission to i'm
mediately publish such tariff of rates,
| fares, charges or classifications as they
have ordered and declared to be equal
and reasonable in one or more newspapers
published in the county or counties through
| or into which the road or line may run,
upon which the charges so fixed and de-
| clared by the Commission are to take effect,
and to post copy thereof in every rail
road depot in the state. The newspapers
in which such publication shall be made,
(subject to the above condition that they
shall be published in the county or counties
through or into which such road or line
of road may run) and the duration of
| time which such notice shall be published
shall be in the discretion of the Commits
| sion; but the tariff of rates, fares, charges
or clasSificatiOnS fixed and declared by the
Commission shall be in full force and
effect from and after the expiration of ten
| days from the service upon such common
| carrier of the order provided in this sub
division without regard to the publication
| authorized by this Subdivisions; and after
the expiration of ten days from the service
| of such order upon such common carrier
| it shall be unlawful for such common, car
rier to charge higher or lower rate, fare,
1
said C0mmission; such order, shall be
DTjmG fdcte evidence of the equality and
| TeasOnableneSs of the rate, fare, charge or
classification fixed and declared thereby.
| (g) If any common carrier, subject to
| the provisions of this act shall neglect or
refuse to publish or file its schedule of
| cIassfcations, rates, fares or charges or
any part thereof as provided in this Sec
ton. or if any common carrier shall refuse
or neglect to comply with such order made
and served by such Commissioners, such
common carrier shall be subject to writ
of mandamus, to be issued by any judge of
the Supreme Court, or of any of the dis
trict courts of this State upon application
| of the Commissioners to compel COM
pliance with the requirements of this sec
| ton, and with the order of the Commits
sioners, and failure to comply with the re-
quirements of the writ of mandamuS shall
be punishable as and for contempt, and
the Commissioners: as cOmplainants, may
also apply to any such judge for writ of
injunction against such common carrier
from receiving or transporting property
or passengers within this State until such
common carrier shall have complied with
the requirements Of this section and the
order OF said Commissioners, and for any
Willful violation or failure to comply with
such requirements or such order or orders
of said Commissioners, the court may award
of penalty. on the return of said writs and
after due elaboration thereon, as may be
just.
SEC. 2. The fact that there is no law
requiring the notice and hearing provided
by this act, and the fact that without such
provision of law the Commissioners of
Railroads will be hindered and delayed in
the performance of their duties, create an
emergency, therefore this act shall take
effect and be in force Immediately on its
passage and approval.
Approved March 81, 1891.
APPROPRIATION FOR WORLDS
FAIR.
SECTION l. There is hereby appropri-
ated the sum or $25,000, or so much thereof
as may be necessary, out Of any money in
the State Treasury not otherwise appro-
priated, to be used for the collection, ar
rsngement and display OF the products of
the State of North Dakota at the Worlds