the orders of the president or managing director thereof, at any time after the supervisors of such township or trustee or council of such incorporated town or city voting such tax, or a majority of them, shall have certified to the county treasurer that the conditions required of the railroad company and set forth in the notice for the special election at which the tax was voted, have been complied with, and it is hereby made the duty of said township supervisors or trustees or council of such incorporated town or city when the said conditions. have been complied with sufficiently to entitle the said railroad company to the amount of such orders, or where the said conditions are fully complied with and performed on the part of the railroad company, to make such certificate.

§ 5. PAYMENT OF TAX BY LABOR.] Nothing in this act shall preclude any tax payer who may contract with a railroad company for which taxes shall have been, or may hereafter be voted under the provisions of this act, to pay his tax thus voted, or any part thereof, in labor on the line of its road, or in material for its construction, or supplies furnished, or money paid for the construction of the road, in pursuance of the terms and conditions stipulated in the notices of election, in lieu of a payment to the county treasurer, from presenting to the county treasurer a receipt from said railroad company duly signed by the president or managing director, specifying the amount of such payment, and having the same credited by the county treasurer on his tax in aid of said railroad, with the effect in all respects as though the same was paid in money to the said county treasurer and when such receipts have been presented and thus credited by the county treasurer, they shall have the same force and validity in his settlement with the board of county commissioners as the orders from the railroad company provided in section four (4) hereof.

§ 6. FAILURE OF RAILROAD COMPANY TO COMPLY.] When taxes have been voted and levied to aid in the construction of any railway within the Territory by any township, town or city under and by virtue of the provisions of this act, and such railway company shall have neglected for the space of six months to comply with the terms of the notice and petition under which such taxes have been voted, and such fact shall be certified to the board of county commissioners of the county wherein such taxes were voted by the supervisors of the township or trustees of the town or city council, it is hereby made the duty of the board of county commissioners to abate and cancel all such taxes on the books of the county, and refund any money in the county treasury to the persons who may have paid the

same.

$7.

EFFECT WHEN. .] This act shall take effect and be in force on and after its passage.

Approved, March 8th, 1889.

RAILROAD COMMISSIONERS.

1893-227

CHAPTER 110.

THEIR POWERS AND DUTIES.

AN ACT to Amend An Act Entitled "An Act to Provide for the Establishment of a Board of Railroad Commissioners, Defining their Duties, to Regulate the Receiving and Transportation of Freight on Railroads in this Territory, Passed at the Sixteenth Legislative Assembly of the Territory of Dakota, and Approved, March 6th, 1885.

Be it Enacted by the Legislative Assembly of the Territory of Dakota:

AMENDMENT OF ACT OF 1885.] That Chapter 126 of the General Laws of the Territory of Dakota, passed at the Sixteenth Legislative Assembly of the Territory of Dakota, and approved March 6th, 1,885, being "An Act to provide for the establishment of a Board of Railroad Commissioners, defining their duties and to regulate the receiving and transportation of freight on railroads in this Territory," be and the same is hereby amended to read as follows:

§ APPOINTMENT OF COMMISSION.] The Governor with the advice and consent of the Council, shall biennially appoint three competent persons, who shall constitute a Board of Railroad Commissioners and who shall hold their office for the term of two years from the first of April next after such appointment. The Governor shall by appointment fill any vacancy caused by death, removal or resignation, said commissioners shall hold their office until their successors are duly appointed and qualified. Said commissioners shall be selected so nearly as practicable one from the southern, one from the central and one from the northern part of the Territory.

§ 2. WHO DISQUALIFIED.] No person shall be qualified to hold the office of railroad commissioner, who is the owner of bonds or stocks in any railroad company, or who is in the employment of, or in any manner pecuniarily interested in any railroad or in any railroad corporation, public warehouse or elevator.

§ 3. POWERS. Said commissioners shall have general supervision of all railroads in this Territory and all freight and passenger transporation and traffic thereon, or connected therewith, and shall

enquire into any neglect or violation of the laws of the Territory by any railroad company, its officers, agents or employes, doing business therein, and shall from time to time carefully examine and inspect the condition of each railroad in the Territory, and all railway stations and passenger and freight depots and buildings, and the conduct and management of such railroads, with reference to the safety and convenience of the public and the carrying into effect the provisions of this act.

§ 4. FREE PASSAGE.] Such commissioners and their secretary shall have the right of passing, in the discharge of their official duties on all railroads and passenger railroad trains in the Territory, free of charge.

§ 5. RAILROADS REQUIRED TO SHIP WITHOUT DISCRIMINATION. •] Any railroad company doing business in this Territory, when requested by any person wishing to ship grain on its road shall receive and transport such grain in bulk, and permit the same to be loaded either on its track adjacent to its depot, or at any warehouse or side track, at any station, without discrimination or distinction as to the manner or condition in which such grain is offered for transportation, or as to the person, corporation, warehouse, elevator or place where, or to which it may be consigned, and shall receive the same, in car load lots, from wagons, sleighs or other vehicles, on their side tracks at any station, the same as when offered from warehouses, elevators, allowing a reasonable time for loading them, and for the purpose of loading the same, shall place the cars in convenient places, easy access by wagon or sleighs or other vehicles, and shall after the same have been loaded, whether at side track, elevator, warehouse or depot without unnecessary delay, proceed to ship the same to the place where the same is consigned.

§ 6.

TRACK FROM ELEVATOR TO RAILROAD.] It shall be lawful for the owner or owners of any elevator, warehouse or mill at any station on the line or at the termination of any railroad in this Territory, to construct from such elevator, warehouse or mill, a railroad track to the track of any railroad company, and to connect with the same by switch at his or their own expense, and it shall be the duty of any such railroad company to allow such connection. Such side track and switch shall at all times be under the control and management of and kept in repair by such railroad company, provided, that the party for whose benefit such side track and switch shall be constructed, shall pay to such railroad company the actual cost of maintaining such side track and switch, which payment shall be made monthly, and in case such payment shall not be made as provided, then and in that case the obligations of this section upon said railroad companies shall from and thereafter cease and be inoperative as against them until such costs and expenses are fully paid.

$7. DIVISION OF CARS.] When any railroad company doing business in this Territory, shall be unable for any reasonable cause to furnish cars at any railway station, or side track in accordance

with the demands made by all persons demanding cars at such station or side track for the shipment of a car load lot or lots of freight, such cars as are furnished shall be divided daily as equally among the applicants until each shall have received one car, when the balance shall be divided ratably to each shipper in proportion to the amount of daily receipts of grain or other freight, or to the amount of grain offered at such station or side track, provided that every application made in good faith on an earlier day shall be filled before supplying any car to any applicant of a succeeding day.

$ 8. SHORT AND LONG HAUL TARIFFS.] It shall be unlawful for any railroad company doing business in this Territory to charge or receive any greater compensation for the transportation of passengers of like kind or class, or quantity of property under substantially similiar circumstances or conditions, for a shorter than for a longer distance over the same line in the same direction, the shorter being included in the longer distance, but this shall not be construed as authorizing any railroad company to charge or receive as great compensation for the shorter as for the longer distance, and no such railroad company shall charge, demand or receive from any person, company or corporation for the transportation of passengers or property a greater sum than it shall at the same [time] demand, charge or receive from any other person, company or corporation for a like service from the same place; it shall be unlawful for any such railroad company, directly or indirectly, by any special rate, rebate, drawback or other device, to charge, collect or receive from any person, company or corporation, a greater or less compensation for any service rendered, or to be rendered, in the transportation of persons or property than it charges, demands, collects or receives from any other person, company or corporation for doing for him or them a like or cotemporaneous service in the transportation of like kind of traffic under substantially similar circumstances and conditions.

§ 9. CHARGES LIMITED.] No railroad company shall charge, demand or receive from any person, company or corporation, an unreasonable price for transportation of property or for the hauling or storage of freights, or for the use of its cars or for any privilege or service afforded by it in the transaction of its business as a railroad company, and shall not demand the payment of freight beyond the point to which the goods or property is consigned by the shipper. § 10. POOLING DECLARED UNLAWFUL.] It shall be unlawful for any railroad company, subject to the provisions of this act, to enter into any contract, agreement or combination with any other railroad company or companies, for the division or pooling business of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof, and in case of an agreement for the pooling of their business as aforesaid, each day of its continuance shall be a separate offense. § 11. TRANSFERS AT CROSSINGS OR INTERSECTIONS.] And in all cases where any line of railroad shall cross or intersect any other line

of railroad in this Territory, it shall be the duty of the railroad companies owning or operating such crossing or intersecting railroad. lines, within sixty (60) days after being required by the order of the railroad commissioners unto them delivered, to provide at such crossing or intersection suitable and sufficient facilities for transferring cars, and for accommodating and (and) transferring passengers and traffic of all kinds or classes from one such line of railroad to the other, and to afford equal and reasonable facilities for the interchange of cars and traffic between their respective lines, provided, however, that no depot building or station house shall be required where, or within one mile of which, there shall not then be a village or settlement containing at least one hundred inhabitants and a post office. The cost of constructing, maintaining and operating all facilities and structures required by this section, or by any such order, shall be borne equally between the railroad companies owning or operating such intersecting lines.

§ 12. TIME TO REMOVE PROPERTY FROM CARS.] Any consignee, or person entitled to receive the delivery of any freight shipped to him in car load lots, by any railroad company, shall have twenty-four hours free of expense after notice of arrival by the company to the consignee or person entitled to receive the same in which to remove the same from the cars of such railroad company, which said twenty-four hours shall be held to embrace such time as the car containing such property is placed and kept by such railroad company in a convenient and proper place for unloading, and it shall not be held to be in a proper place for unloading unless it can be reached with teams or other suitable means for removing the property from the cars, and reasonably convenient to the depot of the company at which it is accustomed to receive and unload merchandise consigned to that station or place.

$ 13. Schedules of RATES REQUIRED.] Every railroad company subject to the provisions of this act, shall within sixty days after this act shall take effect, print and keep for public inspection, schedules showing the classification, rates, fares and charges for the transportation of passengers and property of all kinds and classes, which such company has established, and which are in force at the time upon its railroad. The schedule shall plainly state the places upon its railroad, between which passengers and property will be carried, and shall contain classifications of freight in force upon the lines of such railroads, a distance tariff, and a table of intersection distances, and shall also state separately the terminal charges, and any rules or regulations which in any wise change, affect or determine any part of the aggregate of such rates aforesaid, fares and charges. Such schedules shall be printed in large type, and copies for the use of the public shall be kept in every depot or station upon any such railroad in such place and in such form that they can be conveniently inspected. And in cases where passengers or freight pass over lines or roads operated by more than one railroad company, and the sever

1889-19