Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-03-03

OAN
diseases among domestic animals.
THE sTANDIsH WAREHOUSE BILL.
MI. OLIVER stated that one of the issues
in the campaign was the bennett bill,
vetoed by Governor Burke, which it was al
legged would have given open markets.
The attorney. general during the campaign
promised a bill which would bring that re-
suit, n would hold water If elected. The
ffty-two days. No bill has been offered or
suggested by Mr.. Standish or any sugges-
ton made to the committee having charge
OF that subject until to-day. To-day Mr..
Standish sought an interview with him as
chairman Of the committee on grain and
grain grading. and had handed him a bill
which would be properly introduced when.
suitably engrossed for that purpose, but he
protested against it's being allowed to side.
track the substitute already reported by
his committee for house bill No. 2, on the
same subject.
The Standish bill is as follows:
A bill for an act to regulate the manner
in which individuals, firms and private
corporations shall be authorized to con-
struct, maintain and operate public ware.
houses and elevators on railway rights of
way in the state of North Dakota.
g 1t enacted by the legislative assembly
Of the state of North Dakota.
Ooc.lou . vAcucvcI any person, cor
poration or firm shall have applied in writ
ing to any railroad company through its
local station agent in this state for the
privilege of constructing a public ware
house upon the right of way,depot grounds
or warehouse lots Of any such railway at
the station said agent has charge of, or at
the siding or any station or any railway in
said agent or shall have applied to him for
the like privileges on any siding not hay
ing a station agent that is located nearest
TO said station agent to whom said applica-
ton is made, aud il after ten days appli-
cation in writing. for said privilege, it
sna!l nave been refused. or when the rail
way shall have neglected to give its af-
frmative consent to the said applicant of
its acceptance of said application, the
said person, firm or corporation NAV
then bring his or its or
their proper suit in the district court of
said county against said railway, setting
forth IN it OF having. made his, its or their
fare will be advanced by said privilege be-
ing granted, and cause the complaint and
a summons to be issued and a COPY of each
to be served on the said railway Company
Dy delivering a copy thereof to the said
station agent, when within thirty (3O) days
me saldFallway companyshaIl plead answer
or demur to said complaint, and the plain
tin shall have the right to reply to the an
sWer if necessary. and the case shall then
be at issue for trial, and it shall he the
duty of the court to fix a date as soon as it
conveniently can thereafter for q hearing
and determination of said case, at the court
house IN sad county where said station or
siding is located, or at the court house
OF the county that Is the judicial place Of
hearing controversies that arise in the
county in which such station or siding is,
Sec:2. In case there is not sufficient
SWITCH room at the station or siding where
the SAID site is applied for, it shall be the
auty OF me railroad TO- lengthen and ex.
tend its siding and switch room at that
point in order to enable the construction
OF SAID warehouse, in case on hearing of
said case the jury impaneled shall find the
pubic interests require another warehouse
az SAID point, q it's building shall be de-
sired. 1t shall further be the duty Of the
Jury 70 determlne the damage that will be
use and occupancy of such site for such
pubic warehouse; and in determining
these damages the jury shall subtract the
Denehts thai will accrue to the railway bv
navihg the SAID warehouse located on its
right of way at said station or siding to
retain grain and freight for shipment over
accommodations to ship It. as " Welt ia as a aii
other benefits that will accrue to the rail-.
way company by having said public ware
house built, and i'll case the said benefits
equal or exceed the damages that viii &C.
crue 70 the railway by having said ware
pany shall not be entitled to any award or
damages. and it shall be required to nav
the cost Of said proceeding, including an
att0rney's fee, to be turned into the cOuntv
treasurer.
Sec: 8 1t is hereby made the duty of
me attorney general of this state to give
al necessary advise and to manage ali
SUITS Of this nature in any portion Of the
state when applied to for that purpose by
any citizen, firm or corporation of this
state that desires to build such a public
warehouse as is described in section i
o OF this act, and at any stage of the pro-
otherwise engaged, he may request and re-
cure the states attorney of the proper
county to manage and try said suits or aid
them. a for the services of the attorn ev