Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-08-14

III tuS SCetIS, dIu dS$SuCu, IL a uuS sISS-
ular passenger trains over its said
lines of railway in which it trans
ports passengers ana baggage as
such common carrier as aforesaid.
That Chapter 100, of the laws Of
1907, which law is now in full force
and effect in the state, among other
things, provides that every railroad
corporation and common carrier, do
ing business in this state, shall is
sue upon request of any " person,
mileage books in denomination of
one thousand miles, limited to not
less than one year from date of issue
and redeemable within one year after
the expiration of such limitation,
with baggage and otner facilities
similar to those accompanying regu-
lar trip tickets, at price of twenty
dollars each; that such mileage books
snail be good for travel by the pur-
CHASER and such adult members of
his family as he may designate and
whose names are then and there
written thereon.
That defendant has, since the TAX
ing effect of said Chapter 1919, been
requested and demanded by numer-
Gus citizens of this state, to issue the
Aforesaid mileage books, and that
said defendant has been rendered the
sum of twenty dollars on divers and
numerous occasions in payment of
such book. That notwithstanding
said request and demand, and tender
of payment as aforesaid, the defend
ant has refused, failed and neglected
to issue to any person in this state,
the aforesaid mileage book. Said
defendant is now, and has been ever
since the taking effect of the afore-
said law, to-wit, July 1st, 1907, vio-
lating the provisions of said act, and
refused to issue or. to put in force
the mileage book provided for there
in. t-f.. Y
That unless the defendant is COM
PEELED by an order and writ of this
court to put in force the, aforesaid
described mileage book, it will con-
tinue to violate said law to the
great damage of the citizens of the
state. ~
That the rates and fare charged
b. the railway companies in this
state is a matter in which all the
citizens harein are Interested, aud the
sane is of esrsat lmportan" to them
That the defendant is now charg-
ing and collecting from the people
of this state, the sum of twenty-five
dollars for a mileage book and tick
ct for one thousand miles travel,
which sum is five dollars in excess
and more than authorized by the law
OF this state. .s 49, !,
That plaintiff is without any
speedy or ather adequate remedy at
law 4Hasb y %&:js Il
Wherefore, the plaintiff prays that
this honorable court assume juris-
dictfon of this case; that it issue an
order directed to the defendant, re-
quiring it to be and appear before
the court at such time and place as
the court may deem proper and le-
gal, that upon final hearing, this
court issue writ of mandamus, di-
lrecting and compelling the defend
ant to furnish upon request of any
person or persons, the mileage book
in the denomination of one thousand
miles, described in this petition and
miles, described in this petition and
in accordance with said Chapter 1915
of the Laws of 1907, as therein de
scribed, at the said rate. s.s rs 4
Dated this End day of August, A
/ D., 1907.
T. F. McCUE,
Attorney General
The petition of the attorney gen
eral in the coal rate case is as fol
llows:
4 The plaintiff respectfully shows tx
1 this court: 3:
4 That the petitioner is duly elected
/ qualified and acting attorney genera
of this state. II ss,5 1. ,.@
n That the defendant, the Grea
I, Northern Railway Company, is ,
!. foreign corporation. Z.
4 That the defendant owns and oper
a ates main line of railway acros
i tue entire state, and also divers an,
n numerous branch lines extendiRi
Il from the said main line to othe
u places within the state. Il
That sa,d defendant is a railwa
! corporation and common carrie
a and engased in this state in tn
! Transportation Of freight and pa,
sengers from one point to anothd
inside the sta.e, and that rs sue
common carrier of freight.yit handle
I. and ships large quantities OF dome
"a tic coal, which coal the said defen,