Semi-weekly herald., 1917-02-19

all claimants and inspectors appoint
ed by the State Board of Stock In
spection Commissioners. And further
agree to furnish on the Sth DAY of
each month to the Secretary Of the
State Board of Stock Inspector COM
missioners reports of all animals re-
ported struck by trains on the rights
of way Of the respective Railroad
Companies during the preceding
month, such reports TO be made on
blanks TO be furnished by the state
Board Of Stock Inspection Commits
sioners.
Sec. 3. To exercise diligence and
good faith in the preservation of the
records and brands aforesaid and in
their endeavors to bring about the
prompt settlement of claims subject
to the terms hereof in accordance
herewith.
See 4. On receipt Of notice in writ
ing from either OF the parties here
to or their representatives or from
stock men that a right of way fence
or fences, gates or cattle guards arc
out Of repair designating as nearly
as possible the point or points at
which such fence or fences, gates or
cattle guards are out of repair, to
repair such fence or fences, gates or
cattle guards within ten Q0) days
after the receipt Of such notice, or, in
default of such repair, to pay for
ANIMALS entering upon the right of
way through such defective fence or
fences, gates or cattle guards in ac-
cordance with the schedule of rates
hereinabove set forth.
ARTICLE II
The parties Of the second part
jointly and severally agree as fol
lows, to-wit.
Section /. To be bound by and to
aid in good faith and in every rea-
sonable way in carrying out the pro-
visions hereof and to use their best
efforts and earnest endeavor in per
suading and inducing stock men to
settle their claims for damage for
animals killed or injured on the
right Of way OF the respective Rail
road companies, parties hereto, on
the basis Of the schedule of rates
hereinabove set forth, and in like
manner to notify and cause their
members to notify Railroad Compa-
MES through their superintendents
and claim agents, in writing, of the
defective condition of any and ALI
right of way fences, cattle guards
md gates, promptly upon the discov-
cry Of such defective condition, des
lgnating as nearly as possible, by
mile pos, or otherwise, the point or
points 1t which the same or any Of
these are out of repair in order to
enable the Railroad Companies to
make repairs as hereinabove provid-
ed: Provided, however, that If the
owner Of animals fails to give the
notice aforesaid, it shall be assumed
that the fence, cattle guard or gate
through which such animals entered
upon the right Of way was in good
repair, and, provided further, that if
notice shall be given as aforesaid and
the Railroad Company involved shall
foil IN l.anaft a.,,l fa,,an ,o.4I. ...,.,,I
or gates within ten ttO) days after
the receipt Of such notice, it shall be
assumed that such fence, cattle
guards or gates was in bad repair to
the extent shown in such notices.
Sec. 2. To such extent as may be
reasonably possible. to file and cause
to be filed with the respective Rail
road Companies, through their sta
tion agents or Claim Agents, claims
for animals killed or injured, on
blanks provided for that purpose to
be furnished by station agents or
section foremen, subject to the pro-
visions hereof, within ninety (oO)
days after the killing thereof
ARTICLE III
1t is mutually agreed by and be-
tween the parties hereto as follows,
to-wit:
Section 1. That where animals sub
ject to the provisions hereof are
killed on public road crossings where
railroad right Of way is unfenced on
either side of such road crossings,
claims therefor shall be treated the
an''e ms if road crossings were not
involved.
Sec. 2. That claim shall not be
presented, recognized or allowed
where animals subject to the provis-
ions hereof are killed under the fol-
lowing conditions:
(a) Within station limits or be-
tween switches on side-traeks