mi .Sa? THE GIF %i:.M.A THE GIFT OF \/Qh> THE Railroad and Warehouse Commission OF THE STATE OF MINNESOTA. ■■/ ACT CREATING SAID COMMISSION AS AM1:NDED BY ' SUCCESSIVE LEGISLATtTRES, TO THE CLOSE OF THE THIRTIETH SESSION IN THE YEAR 1897. ST. PAUL: ' DISPATCH Job Prist, 1897. INDEX. Sec. Page. A BANDONMETSIT OF RAILROADS— To prevent abandonment and vacation of rail- roads and to provide for assessment and col- lection of damages 43 ACCOUNTS— Commissioners may prescribe uniform system of keeping 17b 24 ACT— Application of la 3 Non-application of '. . .' la 3 Repeal of certain acts -. 21 26 To regulate appeals by common carriers from orders and judgments •. . . 1 30 To require common carriers to provide waiting rooms : 1 32 To prevent spread of noxious weeds 1-2 33 To regulate express companies 1-2 34 Relating to liability of a company operating a railroad 1 34 For failure to erect fences, crossings and cat- ' tie guards 1 34 To provide for construction of side traclis and svi^tches to elevators and mills atr interior points 1 36 To prohibit charging excess for overloading cars and providing penalties 1 37 To provide for erection of public grain ware- houses and elevators on right of way, and pro- viding for condemnation proceedings 38 To prevent, abandonment and vacation of rail- roads 43 Providing for taxation of railroads 44 To prphibit the obstruction of highways by rail- road cars or engines 45 To regulate the rate of transportation for mixed car loads of live stock 45 To regulate the sale and redemption of trans- portation tickets 45 II INDEX. Sec. Page. ACT— (Continued.) To provide for better protection of switches 45 To provide for protection of exporters of grain, railroad companies to give receipts 46 To license and regulate storage and warehouses (other than grain in bulk) 46 Defining liabilities of railroad companies in rela- tion to damages sustained by their employes. . 47 To punish violations and negligence of duty on part of employes 47 Ta repress I and punish, disorderly conduct on pub- lic conveyances 47 Declaring it unlawful to get on or off railroad cars or* engines when in motion 47 Misleading engineer by false signal lights 48 Obstructing engines on railroads, and penalties. 48 Walking or riding on bridges forbidden 48 To I arrest and eject swindlers from trains, con- ductors, to make arrests 48 Offences on public conveyances, jurisdiction.... 48 ACTION— By aggrieved parties against common carriers. . lib 16 Officers of common carriers to attend as wit- nesses lie 16 By attorney general on report of commission. . . 15a 20 Powers of court 15b 20 Further powers of court 15c 20 To be in name of State of Minnesota 16a 22 Violation or disobedience of carriers of any law- ful order, commission to apply for summary judgment of court 22 26 Power of court to issue writ of injunction or other mandatory process 22 27 Penalty for disobedience of mandatory writ. ... 22 27 Bight of appeal of either party to Supreme Court from order of District Court 22 27 Appeal not to stay or supersede order in force, unless suspended by Supreme Court pending trial .' 22 28 Where matters entitle party to jury trial, petition may be made for summary trial 22 28 Proceedings before court for selection of jury... 22 29 District Courts to be deemed always in session.. 22 29 Jurisdiction of any District Court recognized to issue mandamus to compel movement of traffic 23 29 Peremptoiy mandamus may issue pending de- termination of facts 23 30 In Federal Courts. . . ; 43 AGENTS— INDBX. , III Sec. Pag& Common carrier responsible for its agents' acts in regard to property 3g 7 To be kept at depots, when 1 32 Withdrawal of, when 1 33 APPEALS— To Supreme Court, when allowed 15c 21 To District Court from commissioners' order within thirty days 15d 21 To District Court, not to stay order appealed from unless court directs 15d 22 Right of appeal to Supreme Court from order of District Court 22 27 Not to stay order in force, unless Supreme Court directsi 22 28 From orders of commission 1 30 Order made by District Court to take effect im- mediately 1 30 Appeal to Supreme Court, not to stay order of ' District Court, unless so ordered by District Court 1 31 Appealing railroad to file bonds to refund moneys pending Supreme Court decision 1 31 Overcharges may be recovered through courts on failure of common carrier to refund 1 31 APPROPRIATION— For expenses of commission 20 26 ARRESTS— Arrest and ejection of swindlers from trains .... 48 Conductors to make arrests 48 ATTORNEY GENERAL— ExTOffldIo attorney for commission 9h 14 Duty of, on failure of carrier to comply with order of commission 15a 20 BAGGAGE— Transfer of baggage and passengers at railroad junctions 45 Storage and disposal of unclaimed baggage. i 46 Injury or destruction of baggage 46 BELL— Failure to ring 47 IV INDEX. Sec. Page. BONDS^ I^ot to be held by 'commissioners 9b 13 Of commissioners 9e 14 Of secretary 19 Appealing railroads to file bonds to refund moneys. . .' 25 1 31 BRIDGES— Walking or riding on bridges forbidden 48 CAPITAL STOCK— Stock not to be held by commissioners 9b 13 Railroad companies desiring to increase capital stock, and to report to legislature 43 Issuing of false, fraudulent, and part paid and unpaid shares of stock, and providing penalties 43 CARS— Car loa'ds of freight to be transferred at cross- ings 3b 5 When cars need not be sent over other roads .... 3f 7 To be equally divided among applicants 7b 8 Doors of empty cars to be kept closed while be- ing hauled 1 33 Overloading grain ears prohibited 1 37 CATTLE GUARDS— Railroad companies liable to damages for failure to erect 1 35 Cattle guards and fences on railroads 44 Ijiability for animals injured 44 Double costs,, when 44 CATTLE— Railroad companies liable for animals killed.... 1 35 CHARGES— To be just and reasonable 2a 4 Unequal and unreasonable charges prohibited. . 2a 4 Unjust charges prohibited 3e 7 Charging more per ton per mile for a shorter than for a longer distance unlawful 7a 8 COMMISSIONERS— See railroad and warehouse commission. COMMON CARRIERS— See railroads. COMPENSATION- INDEX, y Sec. Page. To be tendered railroad companies for privilege of erecting elevators, etc., on or near right of . way . 2 39 COMPLAINTS— To be verified by complainants. .- 8e 11 Copies to be forwarded by commission to car- riers complained of 8e 11 To be satisfied or to be answered in writing. ... 8e 11 When proceedings to be dropped 8e 11 " " " 13b 17 Failure of carrier to answer or comply 8e 11 13b 17 Hearing before commission .' 8e 11 ..'. 13b 17 Witnesses to attend and produce books and other documents 8e 11 Commission to report in writing findings of fact 8e 11 Commission to make schedules when found un- reasonable J 8e 11 May be made to commission by petition 13a 17 Cannot be dismissed, because of absence of di- rect damages 13b 18 ' CONDEMNATION PROCEEDINGS— Providing for erection of grain elevators and warehouses on right of way 3-4 40 CONDUCT— Disorderly conduct on public conveyances pro- hibited - • 47 Arrest and ejection of swindlers from trains, conductors to make arrests 48 Offenses on (public conveyances 48 CONDUCTORS— To make arrests on trains 43 CONSOLIDATION— Of parallel lines lj)rohibited 43 CONTRACTS— Copies to be furnished commissioners 8d 10 VI INDBX. Sec. Page. COUNSEL— AttorneyGeneralex-offlcio Attorney forCommission 9h 14 Additional counsel may be employed by commis- sion 91» 15 COURT— Can compel officers of common carriers to at- tend as witnesses lie 16 Procedure of court on refusal to obey subpoenal 13c 18 Powers of, in action against common carriers by attorney general 15b 29 Further power of court, may enjoin company. ... 15c 21 Appeal to Supreme Court, allowed, when 15c 21 Carriers may appeal to District Court from com- missioners' order within thirty days 15d 21 Appeal not to stay, order appealed from unless court so directs 15d 22 District, deemed always in session 16b 23 <' " " ■ " " 22 29 Commission to apply for summary judgment of court for violation of any lawful order by com- mon carriers 22 26 Power of, to issue writ of injunction or man- damus 22 27 Right of appeal of either party to Supreme Court from order of District Court 22 27 Appeal not to stay or supersede order in force unless ordered by Supreme Court 22 28 Petition may be made for summary trial, when partiesi entitled to a jury trial 22 28 Proceedings for selection of jury 22 29 Jurisdiction of any District Court recognized to issue mandamus to carriers to compel move- ment of traffic 23 29 Peremptory mandamus may issue pending deter- mination of facts 23 30 Appeal 'from order of railroad commission 1 30 District Court order to take effect immediately.. 1 30 Appeal to Supreme Court not to stay District Court order 1 31 Pending Supreme Court decision carriers to file bonds to refund "1 31 Overcharges may be recovered through court on failure of carriers to refund 1 31 Condemnation proceedings for erection of public elevators and warehouses on or near right of way to be determined by courts 3 40 Appeal to Supreme Court 4 41 Costs and disbursements 4 41 Actions in Federal Courts 43 INDEX. VII Sec. Page. CROSSINGS— Railroad companies liable to damages for fail- ure to erect 1 35 Railroad companies to provide crossings for pas- sage of farm stock and drainage 45 Railroad companies to keep in repair and build highway crossings 45 Signs at public highway crossings 45 Stopping trains at stations and crossings 45 Highway crossings not to be obstructed by cars or engines 45 Approval of safety appliances at crossings.... 45 DAMAGES— Common carriers liable for neglect of duty 11a 16 Suit may be brought in case of damages lib 16 Common carriers liable for failure to erect fences, crossings and cattle guards 1 35 By fire caused by engines 46 Sustained by railroad employes, liabilities of railroad companies in relation thereto 47 DEFINITION— Of term railroad 2b 4 DISORDERLY CONDUCT— To repress and punish disorderly oondiict on public conveyances , 47 Arrest and ejection of swindlers from trains, conductors to make arrests. 48 Offenses on public conveyances, jurisdiction. ... 48 DISTRIBUTION— Of cars to applicants to be equal 7b 8 DOCUMENTS— To be kept on file in general office of common carriers , ■IS To keep for inspection documents, relating to railroad lands ....". 43 DRAINS— Drainage u.nder crossing tracks 45 VIII INDEX. Sec. Page. DUTIES— Of railroad and warehouse commission < 10a 15 Of attorney general on failure of common car- rier to comply with order of commission 15a 20 Of commission in case of failure of railroad companies to make return of gross earnings. . 44 As to upper berths in sleeping cars 46 To inquire as to heating and lighting' of rail- road cars ■... 46 ELEVATORS AND WAREHOUSES— To provide side tracks and switches to interior points '. 1 36 To provide for erection of grain elevators on or near right of way and providing for condemna- tion proceedings 1 38 To be public elevators and warehouses 5 42 Elevator charges, when unlawful 46 EMPLOYES— To regulate the labor of engineers, firemen, con- ductors, brakemen and trainmen 46 To punish vyillful violations and negligence of duty 47 Intoxication of employes running trains 47 ENGINES— Not to obstruct highway crossings 45 Damage by fire caused by engines 46 To use spark arresters 46 Obstructing engines on railroads, and penalties. . 48 ENGINEERS AND FIREMEN— To regulate the labor of . . t . . .- 46 Employment of engineer who cannot read 47 Engineer acting who cannot read 47 Misleading engineer by false signal lights 48 EXPENSES— Of commission, how paid 19 25 Of commission, appropriation 20 26 EXPRESS COMPANIES— Declared common carriers 1 34 To be under jurisdiction of railroad and ware- house commissioners •. . . 2 34 INDEX. IX Sec. Page. FEES— ® Of witnesses.^ummoned before commission 19 25 FENCES— Failure of railroad to build 1 35 Owner to notify railroad to build 1 35 Owner may recover damages for failure 1 35 To be kept in repair by ra;ilroad companies 1 35 Cattle guards on railroads 44 Liability for animals injured 44 Double costs, when 44 Erection of fences between railroad and highway 45 Breaking down fences, railroad gates, etc 47 FINDINGS— Of fact to be reported in writing by commission. 8e 11 14a 19 Against common carrier, report must be made to them 14b 19 Of court or jury of condemnation proceedings. . . 4 41 FIRES— Damage caused by engines 46 To prevent accidents from fire in railroad cars ... 40 FIEEARMS— Prohibited on railroad cars and penalties. ...... 47 freight- To transfer car load lots 3b 5 To transfer less than car load lots 3b 6 Rooms to be kept at depots i 32 GATES— Breaking down railroad gates, fences, etc 47 Leaving open railroad gates, etc 47 GOVERNOR— To be furnished with annual reports by commis- sion ._ 18a 24 To be furnished with special reports by commis- sion when requested 18b 24 GRAIN— Erection of grain elevators and warehouses on or near right of way 1 38 Receipts to be given by railroad companies for grain received for transportation 46 X INDEX. Sec. Page. GROSS BAENINGS— St. Paul, Stillwater & Taylors Falls Railroad to pay percentage of 44 Other railroads may do likewise 44 Failure to make return of, duty' of commission. 44 When to be reported 44 To be certified to state auditor 44 Railroad companies shall pay percentage of . . . . 44 HEARINGS— Notice of, to be sent out by commission 8e 11 ' " 13b 17 Notice of, can be served on attorneys acting. . . . 13b 18 HIGHWAYS AND STREETS— Railroads to build and keep in repair highway crossings , 45 Signs at public highway crossings 45 Not to obstructed by engines Qr cars 45 Fences to be built between highways and rail- roads 45 Breaking down, and leaving open, gates, fences, etc 47 INJUNCTION— Writ of, may issue, when 15c 20 Power of court to issue writ of '. . 22 27 Penalty for disobeying 22 27 Jurisdiction of any District Court recognized to issue writ 23 29 Peremptory mandamus may issue pending deter- mination of facts 23 30 INJURY— To railroad tracks, how punished 47 Railroads liable to engineers and firemen, when. 47 INSPECTION— Schedules to be printed by common carriers and to be open for public inspection 8a 9 Ten days' notice to be given of change in sched- ules 8b 10 Unlawful to charge more than specified in sched- ules , 8c 10 Commission to be furnished with copies of all schedules gd iq INPBX. XI Sec. Page. INTOXICATION— Of persons running trains 47 INVESTIGATIONS— To be recorded by commission 14a 19 JUDGMENT— Commission to apply for summary judgment of court for violation by common carrier of any lawful order 22 26 Regulating appeals by railroad companies from orders or judgments 1 30 JURISDICTION— Of any District Court recognized to issue man- damus to compel movement of traflBc 23 29 Peremptory mandamus may be issued pending determination of facts ; 23 SO Offenses on public conveyances 48 JURY TRIAJ.,— Where matters entitle parties to a jury trial, petition may be made for summaiy trial 22 23 For assessing and determining compensation to be allowed railroad companies for privilege of erlecting grain elevators or warehouses on right of way 4 40 LANDS— Railroads to report lands sold during year 44 LANGUAGE— Profanity prohibited on railroad cars 47 LIABILITY— Of common carrier for its agents' acts in re- gard to property JJg 7 Of common carriers for neglecting to erect fences, crossings and cattle guards 1 35 For animals injured . . . . , 44 Defining liability of railroad companies in rela- tion to damages sustained by their employes. . 47 LIGHT OR SIGNAL— Misleading engineer by false signal lights 48 XII INDEX. Sec. Page. LIVEi STOCK— Railroad companies liable for animals' killed 1 35 Liability, of railroad companies for animals in- jured ....1 44 Railroad companies to provide crossings for pas- sage of live stock •. . 45 Regulating the rates on mixed cars of live stock 45 LOCOMOTIVE ENGINEERS AND FIREMEN— To regulate the labor of 40 Employment of engineer who cannot read 47 Person acting las engineer who cannot read .... 47 Misleading engineer by false signal lights 18 LONGER AND SHORTER HAUL— Unlawful to charge more for a shorter than for a longer haul over the same line in same direc- tion G 8 MONEY— Collected to be placed to credit of general rev- enue fund 16a 23 NARROW OAUGE RAILROADS 43 NEGLIGENCE^^ Carriers liable to damages for neglect of duty. . 11a 16 Carriers neglecting to make reparation, commis- sion to forward report to attorney general. .. . 14c 20 Doors of empty freight cars to be kept closed while being hauled, and penalty for non-com- pliance 1-2 33 To punish gross negligence of duty on part of employes l 47 NOTICE— Ten days' notice to be given of change in sched- ules 8b 10 Of hearings to be sent out by commission 13b 17 Of hearing can be served on attorneys acting . . . 13b 18 OATH— Of commissioners 9,j j^o Commissioners may administer gf 14 Of secretary of commission 19 25 OFFICE— INDBX. XIII Sec. Page. Tei'm of commissioners 9b 13 Removal of commissioners from 9b 13 OFFICERS— Can be compelled to attend as witnesses lie 16 PASSENGER TRAINS— To stop at county seats 43 Stopping trains at stations and crossings 45 PENALTY— For non-compliance with act 12 16 Fop disobedience of mandatory writ 22 27 For non-compliance with act, waiting rooms .... 1 33 For non-compliance with act, doors of empty cars to be kept closed 1 33 For non-complianca with act, failure to paint lines inside of grain cars 1 37 PETITION— Persons aggrieved may apply to cortimissioners by petition , 13a 17 PLATFORMS— Railroad companies to provide, for loading and unloading machinery : 45 POOLING— Prohibited 4 7 POWERS— Of railroad and warehouse commission 10a 15 Of court in action against c6mmon carrier by at- torney general 15b 20 preference- No prefemce to be given to shippers or locality. . 2b 4 proceedings- How to be conducted by commission 9f 14 To be' recorded by commission 9f 14 Sessions may be held in any part of state by commission 9g 14 Before court for selection of jury 22 29 XIV INDEX. Sec. Page. RAILROADS— Term defined ■. . . lb 4 Charges to be just and reasonable 2a 4 Rates not to be discriminating because of large shipments 2a 4 No preference to be given shippers or locality. . 2b 4 To provide transfer facilities at track crossings. 3a 4 Expense of connecting tracks, how determined and paid 3a 5 To establish joint rates 3b 5 To transfer car load lots of freight 3b 5 To transfer less than car loads of freight 3b 6 Failure to establish through joint rates 3c 6 Failure to establish division of joint rates 3d 6 Unjust charges prohibited 3e 7 When cars need not be sent over other roads. . . . 3f 7 To be responsible for its agents' acts 3g 7 Rebates and unjust discrimination prohibited. . . 5 8 Long and short haul clause , 6 8 Unlawful to' charge more per ton per mile for a longer than for. a shorter distance 7a 8 Cars to be equally divided among applicants .... 7b 8 One terminal charge for switching at terminals. 7c 9 Shall print and keep for public inspection sched- ules 8a 9 To give ten days notice of change in schedules. . 8b 10 Unlawful to charge more than speciefied in schedules 8c 10 To furnish commissioners with copies of all schedules, contracts and agreements 8d 10 To satisfy complaints, or answer in writing 8e 11 Proceedings to be dropped when complaint is ^tlsfied 8e 11 Failure to answer or comply 8e 11 Witnesses to attend and produce books and other documents 8"e 11 Witnesses to attend and produce books and other documents 13b 18 Failure to print schedules, commissioners to do so 8f 12 To be notified of investigation of its schedules by railroad and warehouse commission 8f 12 Liable for damages for neglect of duty 11a 16 Suit may be brought against carriers for dam- ages lib 16 Officers can be compelled to attend as witnesses, lie 16 Penalties for non-compliance with act 12 16 Refusal to obey subpoenas 13c 18 INDEX. XV Sec. Page. RAILROADS— (Cont. ) Neglecting or refusing to make reparation, com- mission to forward reports to attorney gen- eral 14c 20 Court may enjoin, when loe 21 May appeal to District Court when affected by commissioners' order 15d 21 Appeal not to stay order unless court so directs. 15d 22 To be prosecuted, and suits instituted, when. . . 16a 22 To' file annual reports with commissioners 17a 23 Penalty for non-compliance 17a 24 Enforcement of penalties 17a 24 Violation of any lawful order, commission to ap- ply for summary judgment of court 22 26 Power of court to issue writ of Injunction, or mandatory process 22 27 Penalty for disobedience of mandatory writ. ... 22 27 Right of appeal of either party to Supreme Court, from order of District Court. 22 27 Appeal not to stay or supersede order in force unless suspended by Supreme Court pending trial 22 28 Where matters entitle party to jury trial, peti- tion may be made for summary trial 22 28 Selection of jury 22 29 District Courts to be deemed always in session.'. 22 29 Jurisdiction of dny District Court recognized to issue mandamus to 'compel movement of traf- fic 23 29 Peremptory mandamus may issue pending deter- mination of facts 23 30 Appeal from order of commission, order made by District Court to take effect immediately 1 30 Appeal to Supreme Court not to stay order of District Court unless District Court so directs. 1 31 Appealing railroad to file bonds pending Su- preme Court decision to refund moneys 1 31 Overcharges may be recovered through courts on failure of common carrier to refund 1 31 To provide waiting rooms for passengers 1 32 I To stop trains at 1 32 Waiting rooms to be warmed, lighted and opened 1 32 Agent to be kept at depot, when 1 32 Withdrawal of agent, when 1 33 Penalties for non-compliance 2 33 To prevent spread of noxious weeds, empty car doors to be closed in transit 1 33 Penalty for non-compliance 2 33 XVI INDEX. ; Sec. Page. RAILROADS— (Cont. ) Express companies declared common carriers — 1-2 34 Liability of railroad company operating a rail- road 1 34 Liable for damages for failure to erect fences, crossings and cattle guards I 35 Owner of land to notify railroad to i construct fence 1 35 Owner may recover damages for failure 1 35 Fences to be kept in repair by railroad com- panies 1 35 Liable for animals killed 1 35 To build side tracks and switches to elevators and warebouses at interior points 1 36 To keep side tracks and switches in repair 2 36 Agreement as to compensation 2 37 Failure to agree upon location 3 37 To paint lines inside grain cars to prevent over- loading .\ 1 37 Shipper to state to agent if car is loaded above or below line ., 1 38 Receipt or bill of lading to be prima facie evi- dence 1 38 Loading above painted line a misdemeanor 1 38 Excess cannot be collected if no painted line .... 2 38 Penalties' for non-compliance ! 3 38 Application to be made to railroad companies for permission to build grain elevators and ware- houses on or near right of way 1 38 Compensation proposed, notice of acceptance or rejection 2 39 Proceedings in case of failure to agree 3 '40 Trial by judge or jury 4 40 Findings of court or jury 4 41 Appeal to Supreme Court 4 41 Costs and disbursements to be paid by unsuc- cessful party 4 41 Elevators and warehouses to be public 5 42 Erection of elevators to commence within sixty days 6 42 Meaning of term 43 Narrow gauge railroads 43 Documents to be kept on file in general office. ... 43 ' To keep for inspection documents relating to railroad lands 43 Consolidation of parallel lines prohibited 43 Action in Federal Courts 43 Desiring to increase their capital stock, and to re- port to legislature 43 INDEX. XVII Sec. Page. RAILROADS— (Cont.) Issuing of false and fraudulent stock, and pro- viding penalties 43 Passenger trains to stop at county seats 43 To prevent abandonment and vacation of rail- ways and to provide for assessment and col- lection of damages 43 To pay taxes on gross earnings 44 May elect to pay semi-annual tax 44 Gross earnings, when to be reported 44 To notify commission of completion of road, and file map and profile 44 To report to commission lands sold during the year . . . , 44 Fences and cattle guards on railroads. . .' 44 Liability for animals injured 44 Double costs, when 44 To erect fences between railroad and highway. . 45 To provide crossings for passage of farm stock, and for drainage under railroad tracks 45 To keep in repair and build highway crossings . . 45 Signs at public highway crossings 45 . Not to obstruct highways by railroad cars or en- gines \ 45 Stations and crossings, stopping trains at, ap- proval of safety appliances 45 Transfer of passengers and baggage at railroad junctions 7 ; 45 Regulating the rates for mixed cars of live stock 45 To provide platforms for loading and unloading heavy machinery 45 To regulate the sale and redemption of trans- portation- tickets, and to provide punishment for violation of the same • • 45 To give receipts for grain delivered to them...L 46 To provide for storage and disposal of un- claimed baggage • • 46 To prevent injury or destruction of baggage 46 To, regulate labor of locomotive engineers and ' firemen ; ■ • ■ , '*^ To regulate labor of locomotive engineers, fire- " men, brakemen, conductors and trainmen 46 Damage by fire caused by engines 46 To prevent accidents from fire in railway cars. . 46 Railroad companies to use spark arresters 46 Defining liabilities of railroad companies in rela- tion to damages sustained by their employes. . 47 XVIII INDBX. Sec. Page. KAILRO ADS— (Cont. ) !Co punish willful violations and omissions of duty and gross negligence on the part of em- ployes • • 47 To repress and punish disorderly conduct on trains 47 Unlawful to get on or off cars or engines when in motion 47 Breaking down railroad gates, fences, etc 47 liCaving open railroad gates, etc 47 Employment of engineer who cannot read 47 Person acting as engineer who cannot read 47 Intoxicated persons running trains 47 Pailure to ring bells 47 .Profanity and firearms prohibited on trains.... 47 Injury to railroad tracks, how punished 47 -Malicious injury to railroads and presumption of malice 47 Iklisleading engineer by false signal lights 48 Obstructing engines on railroads, and penalties . . 4S Walking or riding on bridges forbidden 48 Arrest and ejection of swindlers, conductors to make arrests 48 Offenses on public conveyances, jurisdiction.... 48 JBAILROAD AND WAREHOUSE COMMISSION— ' To establish th(;ough joint rates on failure of common carrier to do so 3c 6 When to take effect 3c 6 To notify railroad companies of joint rates fixed 3d C "To establish division of through rates on failure of Common carrier to do so 3d 7 'To send common carriers copies of verified com- plaints 8e 11 When proceedings to be dropped against common carriers 8e 11 Hearing before commission 8e 11 Witnesses to attend and produce books and doc- uments 8e 11 To report in writing findings of fact 8e 11 ' ' 14a 10 To make rate schedules, when found unreason- able 8e 11 To print schedules if common carrier refuses to do so , 8f 12 Schedules prepared by' commission to be in effect unless otherwise ordered by court 8f 12 INDEX. XIX Sec. Page. RAILROAD AND WAREHOUSE COMMISSION— (Cont.) May proceed on Its .own motion to investigate ' schedules ' gf j2 To notify common carrier' of investigation of its schedules gf 12 Establishment of commission 9a -12 Term of office 9b 13 Removal from office 9]b 13 Commissit)ners not to hold stock or bonds of common carrier 91} 13 Vacancies on commission, how filled 9c 13 Decision of majority of commission rules 9d 13 Commissioners' oath 9a 13 Commissioners' bond 9e 14 How proceedings to be conducted 9f 14 Proceedings to be recorded 9f 14 Official seal 9f 14 Commissioners may administer oaths 9f 14 Commission may hold sessions in any part of state 9g 14 Attorney general ex-offlcio attorney for commis- sion ' 9h 14 Authorized to employ additional counsel 9h 15 Powers and duties of commission 10a 15 Complaints may be made to commission by peti- tion 13a 17 Duty of commission on such petition 13b 17 Notices of all hearings to be sent out by commis- sion .13b 17 Notice of hearing can be served on attorneys acting 13b 18 Complaints cannot be dismissed because of ab- sence of damages 13b 18 To compel witnesses to attend, and production of books and documents 13b 18 Refusal of carriers to obey subpoenas, how court shall proceed 13c 18 To report in writing findings of fact 14a 19 If findings are against carrier, report to be made to them 14b 19 Neglect or refusal of carrier to make reparation, report to be sent attorney general 14c 20 Duty to prosecute common carriers, when 16a 22 To require annual reports from common carriers 17a 23 Penalty for non-compliance 17a 24 Enforcement of penalties 17a 24 May prescribe uniform system of accounts. . . . 17b 24 To make annual report to the governor 18a 24 XX INDEX. See. Page. RAILROAD AND WAREHOUSE COMMISSION— (Cont.) To make special reports to the governor when requested ' 18b 24 Salaries of commissioners and secretary 19 25 To fix salaries of other employes 19 25 Witnesses summoned before commission to be paid same as in •district court 19 25 Expenses of commission, how paid 19 25 Appropriation 20 26 Violation or disobedience by common carriers of any lawful order, commission to apply for summary judgment of court 22 26 Power of court to issue writ of injunction, or other mandatory process 22 27 Penalty for disobedience of mandatory writ. ... 22 27 Right of appeal of either party to Supreme Court from order of District Court 22 27 Appeal not to stay or supersede order in force, unless suspended by Supreme Court pending trial .... 22 28 Where matters entitle party to jury trial, peti- tion may, be made for summary trial 22 28 Proceedings before court for selection of jury. . 22 29 Districts Courts to be deemed always in session. 22 29 Jurisdictibn of any District Court recognized to issue mandamus to compel movement of traffic 23 29 Peremtttory mandamus may issue pending deter- mination of facts ' 23 30 Regulating appeals by railroad companies from orders or judgments, and for protection of per- sons affected by such appeal 1 30 Requiring railroad companies "to provide wait- ing rooms 1 32 To prevent the spread of noxious weeds 1 33 Express companies declared common carriers under the jurisdiction of the railroad^ and wareliouse commission 1-2 34 Relating to the liability of a company operat- ing a railroad, for failure to erect fences, crossings and cattle guards 1 34 Construction of side tracks and switches to elevators and warehouses at Interior points ... 1 36 To "prohibit railway companies from charging ex- cess for overloading grain cars, and providing penalties for overloading. 1 37 To provide for erection of public grain elevat- ors and warehouses, and providing for con- demnation proceedings 1 38 INDEX. XXI Ssc. I^s.&r6 Railroad and warehouse commission- (Cont.) Duty of commission In case of failure to make return of gross earnings 44 _ Gross earnings, when to be reported 44 Gross earnings to be certified to state auditor. . . 44 Approval of safety appliances at railroad cross- ings and junctions ■ 45 Duties of commissioners to prevent accidents from flre in cars 46 Duties of commissioners regarding upper berths in sleeping cars 4G Duties of commissioners regarding flre extin- guishers ' 4G RAILROAD EMPLOYES— Damages sustained by employes; liability of rail- road companies in relation thereto 47 To punish willful violations and neglect of duty of employes 47 RATES— Rates not to be discriminating because of large shipments 2a 4 Joint rates to be established 3b 5 Joint through rates, how established 3c 6 Joint through rates, when to take effect 3c 6 Railroad companies to be notified of joint rates fixed by the commission 3d 6 Division of joint rates 3d 6 Schedules to be open for public inspection 8a 9 Ten days' notice to be given of change in sched- ules 8b 10 Unlawful to charge more than specified in sched- ules ■ 8c 10 Commissioners to be furnished with copies of all schedules 8d 10 To be published by commissioners if carriers re- fuse to do so Sf 12 Published to take effect unless otherwise or- dered by courts 8f 12 May be investigated by commission on its own motion . . . : 8f 12 Regulating rates on mixed cars of live stock. ... 45 REBATES— Rebates and unjust discrimination prohibited. . 5 8 XXII INDEX. Sec. Page. EEOORD— Proceedings of commission to be recorded 9f ,14 REPEAL— Of certain acts 21 26 EEPORT— Commission to report In writing findings of fact. 8e 11 To be made to common carriers, when findings are against tliem 14b 19 Neglect or refusal to make reparation, report to be forwarded to attorney general 14c 20 Required from common carj-iers by commission annually 17a 23 Penalty for non-compliance 17a 24 Enforcement of penalties 17a 24 To be made to governor by commission annually 18a 24 To be made to governor by coramission when requested 18b 24 To be made by railroad companies to commission of lands sold during the year 41 ROWDYISM ON CARS— To repress and punish disorderly conduct on railroad cars 47 Arrest and ejection of swindlers, conductors to make arrests 48 ■ Offenses on public conveyances, jurisdiction .... 48 RULING— Decision of majority of commission rules 9d 13 SALARY— Of commissioners 19 25 Of secretary 19 25- SCHBDULES— To be prepared by commission on failure of com- mon carrier to do so 3c 6 When to take effect 3c g Division of joint rates gd q Of rates and charges to be open for public in- spection 8a 9 Ten days' notice to be given of any change in schedules 8b 10 INDEX. XXIII S6C. Pfl.**"© SCHE DULES— (Cont. ) Unlawful to charge more than specified in schedules 8c 10 Commissioners to be furnished with copies of all schedules 8d 10 Commissioners to make schedules when found unreasonable 8e 11 If common carrier change schedules, proceed- ings to be dropped 8e 11 To be published by commission if common car- rier refuses to do so 8f 12 Published by commission to take efCect, unless otherwise ordered by courts 8f 12 May be investigated by railroad and warehouse commission on its own motion 8f 12 SECRETARY OF COMMISSION— Appointment of 19 25 Salary, oath and bond of 19 25 SIDE TRACKS— To be built by railroad companies to elevators and warehouses at interior points 1 ' 36 To be kept in repair by railroad company 2 36 Agreement as to compensation 2 36 Failure to agree upon location 3 36 SIGNAL— Misleading engineer .by false signal 48 SIGNS— At public highway crossings 45 SPECIAL report- To be made to the governor by commission when requested 18b 24 STATE AUDITOR— Gross earnings to be reported to, for taxation. . 44 STATIONS— Stopping trains at 45 STATION AGENT— To be kept at depots, when 1 32 Withdrawal of agent, when 1 33 Shipper to report to agent, if grain cars are overloaded .... 1 38 XXIV INDEX. Sec. Page. STORAGE— Charges to be just and reasonable 2a 4 To license and regulate storage companies (.other than grain) 16 And disposal of unclaimed baggage 46 SUBPOENAS— Refusal to obey, how court shall proceed 13c 18 SUITS— May be brought against carriers for damages. . . lib 16 To be brought by attorney general against carriers for failure to comply with order of commission 15a 20 When to be instituted by commission 16a 22 To be brought in name of State of Minnesota. . 16a 22 Violation or disobedience by common carriers of any lawful order, commission to apply for summary judgment of court 22 26 P^wer of court to issue writ of injunction or other mandatory process 22 27 Penalty for disobedience of mandatory writ 22 27 Right of appeal of either party to Supi^eme Court from order of District Court 22 27 Appeal not to stay or supersede order in force, unless suspended by Supreme Court pending trial 22 28 Where matters entitle party to jury trial, peti- tion may be made for summary trial 22 28 Proceedings before court for selection of jury. . . 22 29 District Courts to be deemed always In session. . 22 29 Jurisdiction of any District Court recognized to issue mandamus to move traffic 23 29 Peremptory mandamus may issue pending deter- mination of facts 23 30 Appeals froln order of commission 1 30 Appeal to Supreme Court does not stay order of District Court, unless 1 31 Appealing railroad to file bonds to refund moneys 1 31 Overcharges may be recovered through courts on failure of common carrier to do so 1 31 SWINDLING— Swindlers to be arrested and ejected from trains 48 INDEX. _ XXV Sec. Page. SWITCHES— One terminal charge for switching at terminals. 7c 9 To be built by railroad companies to elevators and warehouses at interior points 1 36 To be kept in repair by railroad company 1 36 Agreement as 'to compensation 1 37 Failure to agree upon location 2 37 TARIFF RATES—, See rates. TAXATION— St. Paul, Stillwater & Taylors Falls Railway to pay percentage of gross earnings in lieu of all other taxes 44 Other railroads may malie same commutation. . 44 Failure to make return of gross earnings, duty of commission 44 Railroads may pay taxes semi-annually 44 Gross earnings of railroads, when to be reported 44 Gross earnings to be certified to state auditor. . 44 Railroad companies shall pay percentage of gross earnings 44 TERMINALS— One terminal charge for switching at terminals. 7c 9 TICKETS— To regulate the sale of and redemption of transportation tickets 45 TO,NS— Charging more per ton per mile for a longer than for a shorter distance unlawful 7a 8 TRACKS— Connections for transferring cars 3a 4 Ex:pense to railroads for connecting tracks, how determined and paid 3a 5 Injury to railroad tracks, etc., how punished — 47 Malicious Injury, and presumption of malice.... 47 TRAINS— Passenger, to stop at county seats ; 43 Stopping trains at • • 45 XXVI INDBX. Sec. Page. TRANSFER— Facilities to be provided by railroads at track crossings 3a 4 Transferring car load lots of freight 3b 5 Transferring less than car load lots of freight. . 3b 6 Of passengers and baggage at railroad junctions 45 TRANSPORTATION— To regulate sale of and redemption of transpor- tation tickets, and providing penalty for vio- lation 45- UNJUST CHARGES— Unequal and unreasonable chargfes prohibited. . 2a 4 Unjust charges prohibited 3e 7 Unjust discrimination and rebates prohibited. . 5 8 VACANCIES— On cominission, how filled 9c 13 WAREHOUSES AND ELEVATORS— To provide side tracks and switches to elevators and warehouses at interior points 1 S& Providing for erection of public grain elevators and warehouses on or near right of way, and providing for condemnation proceedings 1 3S To be public 5 42 To license and regulate business of storage com- panies and warehousemen (other than ware- housemen of grain ii^ bulk) 40- "WITNESSES— To attend investigations and to produce books, do(*uments, etc 8e 11 To attend Investigations and to produce books, documents, etc 13b ' 18- Fees of, summoned before commission 19 25 WEEDS — To prevent spread of noxious weeds 1-2 .^ LAWS RELATING TO ■HI Railroad and Warehouse Commission OF THE STATE OF MINNESOTA. ACT CREATING SAID COMMISSION AS AMENDED BY SUCCESSIVE LEGISLATURES, TO THE CLOSE OF THE THIRTIETH SESSION IN THE YEAR 1897. ST. PAUL: 3H JO] 1897. iiutuutuuti ««■ ; , The Railroad and Warehouse Commission of the State of Minnesota, as now constituted and organized, was created by an Act of the Legislature, approved March Sth, 1885, (General, Laws of Minnesota, 1885, Chapter 188^ This Act has been changed and amended by successive legislatures. The object of this publication is to furnish a complete copy of the Act as it now stands on the statute book, embracing all the amendments which have been adopted to the close of the thirtieth session of the legislature, in the year 1897. GENERAL RA1LR0AB LAW 0r MINNESOTA, As Amended in 1889, 1891, 1893, 1895 AND 1897. CHAPTER 10, GENEKAL LAWS 1887. An Act to regulate common carriers, and creating ^ the railroad and warehouse commission of the State of Miniiesota, and defining the duties of such commission in relation to common carriers. Be it enacted by the Legislature of the State of Minne- sota : Section 1. (a.) That the provisions of this act shall Application. apply to any common carrier or carriers engaged in °*^*'- the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water, when both are used under a common control, manage- ment or arrangement, for a carriage or shipment from one place or station to another, both being within the State of Minnesota. [ProrofeeZ, That nothing in this act shall apply to the carriage, storage or handling by any common carrier of property, free or at reduced rates, for the United States or the! State of Minnesota, or for any municipal government or corporation within the state, or for any charitable purpose, or to or from fairs or expositions for exhibition thereat (or stock for breeding purposes), or to the issuance of mileage, excursion or commuta- tion passenger tickets, at rates made equal to all, or to transportation to stock shippers with cars ; and noth- ing in the provisions of this act shall be construed to prohibit any common carriers from giving reduced rates ,to ministers of religion, sisters of charity, or to missionaries, or to students of any college or universi- GENERAL RAILKOAD LAW OF MINNESOTA. Term railroad defined. Charges shall he just and reasonable. No preference to "oe given. Transfer facil- ities at track crossings. ty, or other institutions of learning in this state, or to children attending the Minnesota institute for defect- ives at Faribault, or the school for indigent children at Owatonna, or from issuing passes for the free transpor- tation of passengers subject to the provisions of this act] Amendment in brackets, chapter 124, Laws of 1889. (b.) The term "railroad," as used in this act, shall include all bridges or ferries used or operated in con- nection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract,, agreement or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage. Sec. 2. (a.) That all charges made by any common carrier, subject to the provisions of this act, for any service rendered or to be rendered in the transpor;ta- tion of passengers or property, as aforesaid, or in con- nection therewith, or for the receiving, delivering, stor- age or handling of such property, shall be equal and reasonable; and every unequal and unreasonable charge for such service is prohibited and declared to be unlawful. Provided, That one car load of freight of any kind or class shall be transported at as low a rate per ton, and per ton per mile, as any greater number of car loads of the same kind and class from and to the same points of origination or destination. (b.) It shall be unlawful for any common carrier, subject to the provisions of this act, to make or give any unequal or imreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any unequal or un- reasonable prejudice or disadvantage in any respect whatsoever. fSec. 3. (a.) That all common carriers subject to the provisions of this act shall provide at all points of connection, crossing or intersection at grade, where it is practicable and necessary for the interest of traffic, ample facib'ties by track connections for transferring any cars used in the regular business of their respect- ive lines of road from their lines or tracks to those of any other common carrier whose lines or track may connect with, cross or intersect their own, and shall provide equal and reasonable facilities for the inter- change of cars and traffic between their respective GENERAL BAILEOAD LAW OF MINNESOTA. lines, and for the receiving, forwarding and delivering of passengers, property and cars to and from their sev- eral lines and those of other common carriers connect- ing therewith, and shall not discriminate in their rates or charges between such connecting lines or on freight coming over such lines ; but this shall not be construed as requiring any common carrier to furnish for another common carrier its tracks equipment or terminal facili- ties without reasonable compensation; that each of said connecting lines shall pay its proportionate share for the building and maintenance of such tracks and switches as may be necessary to furnish the transfer fa- cilities required by this act and in case they cannot agree on the amount which each line shall pay, then said amount shall, upon application by either party, be determined and adjusted by the railroad and ware- house commission, and either party shall have the right to appeal from the order of said commission, fixing the amount so to be paid, to the district court of the county where said transfer facilities are furnished by serving a notice in writing on the adverse party within ten (10) days after the making and filing of such order by said commission, and upon the service of such notice there shall be pending in said district court a civil action for the adjustment and determination of the amount to be paid by each carrier for the expense of the building and maintenance of said transfer facilities. Pleading shall be made and filed in said action in conformity to those required by law and rules of practice in said court, and said cause shall be tried in the manner provided for the trial of civil actions in the district courts of this state.] [ (b.) All railway companies doing business in this state shall, upon the demand of any person or persons interested, or upon demand of the railroad and ware- house commission, establish reasonable joint through rates for the transportation of freight between points on their respective lines within this state.] [Carload lots shall be transferred -^vithout. unloading from the cars in which such shipments were first made, unless -such unloading into other cars shall be done without charge therefor to the shipper or receiver of such car load lots and such transfer shall be made without unreasonable delay under such contract ar- rangements as such connecting companies may make, or under such rules as the railroad and warehouse com- mission may prescribe as hereafter provided in this act.] Expense of connecting tracks, how- determined and paid. Pleadings. Joint rates to beestabllsliea. Transferring freight In car- load lots. GENERAL RAILROAD LAW OF MINNESOTA. Transferring freight in less than carload lots. Through joint rates, how es- tablished. When to take effect. Agreement hy roads hefore promnlgation by commis- sion. [Less than carload lots shall be transferred into the connecting railway cars, at cost, which shall be in- cluded in and made a part of the joint rates adopted by such railway companies, or established as provided by this act. When shipments of freight to be transported between different points within this state, are required to be carried by two (2) or more railway companies operating connecting lines, .such railway companies shall transport the same at reasonable through rates, and shall at all times give the same facilities and ac- commodations to local or state traffic as they give to interstate traffic over their lines of road.] [(c.) In the event of that said railway companies fail to establish through joint rates or fail to establish and charge reasonable rates for such through shipments, or fail to establish between themselves the rates and terms upon which cars of one company shall be trans- ferred in such through shipments from the line of one company to the other and returned, or fail to provide for the convenient and prompt transfer of such through freight from the cars of the receiving com- pany to those of the connecting line, it shall be the duty of the railroad and warehouse commission of this state, and said commission is hereby directed, upon the application of any person or persons interested, to establish reasonable joint rates for the shipment of freight and cars over any two or more connecting lines of railroad in this state, and to prescribe the reason- able rules under which any such cars so transferred shall be returned; and in establishing, changing or re- vising any such rates they shall take into consideration the average of rates charged by said railway companies operating such connecting lines for joint interstate shipments for like distances.] [The rates established by said commission shall go into effect within ten (10) days after the same are pro- mulgated by said commission and from and after that time the schedule of rates so established, shall be prima facie evidence in all the courts of this state that such rates are reasonable through rates for the transportation of freight and cars upon the railroads for which such schedule shall have been fixed.] [ (d.) Beforethe promulgation of such rates or rules, as above provided, the railroad and warehouse com- mission shall notify the railroad companies interested in the schedule of joint rates fixed by them, and they shall give said railroad companies a reasonable time thereafter to agree upon a division of charges provided for in such schedule ; and in the eA'ent of the failure of GENERAI, RAILROAD LAW OF MINNESOTA. the railway companies to agree upon such division and to notify the board of such agreement, said commission shall, after a hearing of the companies interested, de- cide the s/ime, taking into consideration the value of terminal facilities and all the circumstances of the haul, and the division so determined by the commis- sion shall in all controversies or suits between the rail- road companies interested be prima facie evidence of the just and reasonable division of such charges.] [ (e.) Every unjust and unreasonable charge for the transportation of freight and cars over two or more railroads in this state is hereby prohibited and de- clared to be unlawful, and every company or person violating the provisions of this section shall be subject to the penalties prescribed in section twelve (12) of the original act to which this act is amendatory. r (f .) Nothing herein contained shall be construed as requiring any railroad company to send its cars over the line of railroad of another company when its own line of railroad runs to and reaches the point of desti- nation or the point of connection with another railroad on which such point of destination is located, or to use its track or terminal facilities at terminal points for the handling of cars or trafScs of another or competing company; provided, that in no case shall the charges for transportation exceed the established through joint rates between any two points.] [(g.) Whenever any property is received by any com- mon carrier subject to the provisions of this act to be transported from one place to another within this state, it shall be unlawful for such common carrier to limit in any way, except as stated in its classification schedule, hereinafter provided for, the .common law liability with reference to such property while in its custody as a common carrier; such liability must in- clude the absolute responsibility of the common car- rier for the acts of its agents in relation to such prop- erty.] Amendments in brackets approved April 2oth, 1895. Sec. 4. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement or combination with any other common carrier or carriers for the division or pooling of business of different and competing rail- roads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any por- tion thereof; and in case of an agreement for the pool- ing of their business aforesaid each day of its continu- ance shall be deemed a separate offense. Unjust charge prohibited. When cars need not be sent over other roads. Common law liability not to be limited. Pooling prohibited. GENERAL RAILROAD LAW OF MINNESOTA, Rebates, and unjust dls- crtmlnation proMMted. Long and short haul clause. Unlawful to charge more per ton per mile lor a longer than lor a shorter distance. Cars to he equally divid- ed among applicants. Sec. 5. That if any common carrier subject to the provisions of this act shall directly or indirectly, by any special rate, rebate, drawback or other device, charge, demand, collect or receive from any person or persons a greater or less compensation for any serAice rendered,. or to be rendered, in the transportation of passengers or property subject to the provisions of this act, than it charges, demands, collects or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transporta- tion of persons or property, such common carrier shall be deemed guilty of unjust discrimination, Avhich is hereby prohibited and declared to be unlawful. Sec. 6. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation for the transpor- tation of passengers or of like kind or class and quan- tity of property, for a shorter than for a longer dis- tance over the same line, the shorter being included within the longer distance; but this shall not be con- strued as authorizing any common carrier subject to the provisions of this act to charge or receive as great compensation for a shorter as for a longer distance. Provided, however, That upon application to the commission appointed under the provisions of this act, such common carrier may, in special cases, after inves- tigation by the commissioners, be authorized to charge less for longer than for shorter distances, for the trans- portation of passengers or property; and the commis- sion may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section of this act. Sec. 7. (a.) . That it shall be unlawful for any com- mon carrier, subject to the provisions of this act to charge or receive any greater compensation, per ton, per mile, for contemporaneous transportation of tbe same class of freight for a longer than for a shorter distance over the same line, in the same general direc- tion, or from the same original point of departure, or to the same point of arrival ; but this shall not be con- strued as authorizing any common carrier subject to the provisions of this act to charge as high a rate per ton, per mile, for a longer as for a shorter distance. (b.) Whenever any railway company doing business in this state shall be unable, from any reasonable cause, to furnish cars at any railway station or side track, in accordance with the demands made by all per- sons demanding cars at such stations or side tracks for the shipment of grain or other freight, such cars as are GEWaKAI, RAIXEOAD LAW OF MINNESOTA. 9 furnished shall be divided as equally as may be among the applicants until each shipper shall have received, at least, one car, when the balance shall be divided ratably in proportion to the amount of daily receipts of grain, or other freight, to each shipper, or to the amount of grain offered at such station on side tracks. (c.) There shall in no case be more than one termi- one terminal nal charge for switching or transferring any car, switching at whether the same is loaded or empty, within the limits *®'^™™*i^- of any one city or town. If it is necessary that any car pass over the tracks of 'more than one company, within such city or town limits, in order to reach its final destination, or to be returned therefrom to its owner or owners, then the company first switching or transferring such car shall be entitled to receive the entire charge to be made therefor and shall be liable to the company or companies doing the subsequent switching or transferring thereof ^ for it or their reason- able and equitable share of the compensation received, and if the companies so jointly interested therein can- not agree upon the share thereof which each is en- titled to receive, the same shall be determined by the board of railroad and warehouse commissioners, whose decision thereon shall be final and conclusive upon all parties interested, and the said board are authorized to establish such rules, regulations in that behalf as to them may seem, just and reasonable and not in conflict with this act. 38 M 281. Sec. 8. (a.) That every common carrier subject to carr^rfshan the provisions of this act shall, within sixty (6(>) days print ana keep after this act shall take effect, print, and thereafter ins^^tiou, keep for public inspection, schedules showing the class- scueauies. ification, rates, fares and charges for the transporta- tion of passengers and property of all kinds and classes which such common carrier has established, and which are in force at the time, upon its railroad, as defined by the first section of this act. This schedule, pri'nted as aforesaid by such common carrier, shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain "classification of freight" in force upon each of the lines of such railroad, a distance tariff, and a table of interstation distan,ces, and shall also state separately the terminal charges, and any rules or regulations which in anywise change, affect or determine any part of the aggregate of such aforesaid rates, fares and charges. Such schedules shall be plainly printed in laarge type, and copies for the use of the public shall be kept in every depot and station upon any such rail- 10 GENERAL RAILROAD LAW OF MINNESOTA. Ten days' no- tice to be given of any change in schedules. Unlawful to charge more than specified in schedules. Co mmlsslou- ers to he fur- nished with copies of all schedules, contracts and agreements, and to be notified of all changes. road, in such places and in such form that they can be conveniently inspected. (b.) No change of classification shall be made, and no charge (change) shall be made in the rates, fares and charges, which have been established and pub- lished as aforesaid, by any common carrier, in com]>li- ance with the requirements of this section, except after ten (10) days' public notice, which notice shall plainly state the changes proposed to be made in the schedules then in force, and the time when the changed schedules will go into effect, and the proposed changes will be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept for public inspection. (c.) And when any common carrier shall have estab- lished and published its classifications, rates, fares and charges, in compliance with the provisions of this sec- tion, it shall be unlawful for such common carrier to charge, demand, collect or receive from any person or persons a greater or less compensation for the trans- portation of passengers or property, or for any service in connection therewith, than is specified in such pub- lished schedule of classifications, rates, fares and charges as may at the time be in force. (d.) Every common carrier subject to the provis- ions of this act shall file witii the commission here- after provided for in section ten (10) of this act, copies of its schedules of classifications, rates, fares and charges, which have been established and published in com- pliance with the requirements of this section, and shall promptly notify said commission of all changes pro- posed to be made in the same. Every (such) common carrier shall also file with said commission copies of all contracts, agreements or arrangements with other common carriers in relation to any traffic affected by the provisions of this act, to which contracts, agree; ments or arrangements it may be a party. And in cases where passengers or freight pass over lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint schedules of rates or fares, or charges or classifications for such lines or routes, copies of such joint schedules shall also, in like man- ner, be filed with said commission. Such joint sched- ules of rates, fares, charges and classifications, for such lines, so filed as aforesaid, shall also be made pub- lic by such common carriers in the same manner as hereinbefore provided for the publication of tariffs upon its own lines. GENERAL RAILROAD LAW OF MINNESOTA. 11 "(e.) That upon complaint, duly verified, of any per- son, firm, corporation or association, or any mercantile, agricultural or manufacturing society, or any body politic or municipal organization, that any part of the tariff of rates, fares, charges or classifications so filed and published, as hereinbefore provided, are in any respect unequal or unreasonable, the comjnission shall forward a copy of such complaint to the common car- rier complained of, who shall be called upon to satisfy the complaint, or to answer the same in writing, with- in a reasonable time, to be specified by the commission, and to serve a copy of such answer on the complainant. If the common carrier shall change the tariff of rates, fares, charges or classifications as demanded by ^he complainant within the time specified by the com- mission, proceedings shall be dropped. "'If the common carrier shall refuse or neglect to make such changes, the commission shall set a time and place for a hearing in the matter, of which at least ten (10) days' notice shall be given to the complainant and the common carrier complained of. Such notice shall be served either by mailing a copy thereof to some general oflflcer of such common carrier, or personally "For the purpose of such investigation the commis- sion shall have the power to require the attendance of witnesses and the production of al' books, papers, con- tracts, agreements and documents that relate to the matter under investigation, and to that end may in- voke the aid of any court iu this state, requiring the attendance of witnesses and the production of books, papers and documents, under the provisions of this section. "Witnesses may be introduced and evidence given by either party at all hearings before the commission. "After due consideration by the commission of all the evidence produced at such hearing or hearings, the commission shall make its report in writing to the complainant and to the common carrier complained of. If the tariff of rates, fares, charges and classifications so complained of shall be found by the evidence to be unequal or unreasonable, the commission shall state wherein they are unequal or unreasonable, and shall make a tariff of rates, fares, charges and classifications which shall be substituted for the tariff complained of. "Such tariff of rates, fares, charges or classifications, so made by the commission, shall be deemed and taken in all courts of this state as prima facie evidence that the tariff of rates, fares, charges or classifications so made is equal and reasonable, and such tariff so made Complaints to te verified, copy to be forwarded by commission to common carrier. If common carrier change schedules, proceedings to be dropped. Failure of common car- rier to answer or comply. Hearing be- fore commis- sion. witnesses to attend, and the production of all books and other docu- ments. Commission to report in writing find- ing of facts. Changes in schedules made by com- mission to be in force pend- ing appeal. 12 GENERAL RAILROAD LAW -OF MINNESOTA. Commission- ers to print schedules if common car- rier refuses to do so. Commission may proceed on Its own mo- tion to inves- tigate tariff rates, fares and classifica- tion. Commission established. shall be in full force and effect during the pendency of any appeal that may be taken in the matter to the courts. "(f.) In case such comm5n carriers shall neglect or refuse, after the time for appeal as hereinafter pro- vided has expired, to adopt such tariff of rates, fares, charges and classifications, so made by the commission, it shall be the duty of the commission to publish such tariff of rates, fares, charges and classifications as they have declared to be equal and reasonable, in such man- ner as the commission shall deem expedient, and that thereafter it shall be unlawful for such common carrier to charge or maintain a higher or lower rate,, fare, charge or classification than that so fixed by said com- mission, unless and until a court of competent jurisdic- tion shall have otherwise ordered and decreed." (As amended in 1891.) [Provided, hotvever, the commission may at any time, although no complaint has been filed with it as hereinbefore provided, proceed upon its own motion to investigate the reasonableness of the tariff of rates, fares, charges or classifications, or any part thereof, so filed and published as hereinbefore provided, and for such purpose it shall have the same power to require the attendance of witnesses and the production of all or any books, papers, contracts, agreements and docu- ments that relate 'to the matter under investigation, and to invoke the aid of any court in this state, requir- ing the attendance of witnesses and the production of books, papers and documents, as when complaint has been filed as hereinbefore provided. Provided, further, that before it shall determine or find that any tariff of rates, fares, charges and classification is in whole or in part unjust or unreasonable, it shall notify the common carrier in writing that it has under consideration the reasonableness of said tariff, in whole or in part, as the case may be, and afford such common carrier a reasonable opportunity to be heard, at such time as shall be appointed therefor, and there- upon the proceeding shall be conducted, so far as prac- ticable, in the same manner as proceedings are con- ducted pursuant to the filing of a complaint,] Amendment in brackets approved March 22nd, 1897. Sec. 9. (a.) That a commission is hereby created and established, to be known as the "Railroad and warehouse commission of the State of Minnesota," which shall be composed of three (3) commissioners, who shall be appointed by the governor, by and with the advice and consent of the senate. GENERAI, RAILROAD LAW OF MINNESOTA. 13 Removal. Commission- ers not to hold (b.) The commissioners first appointed under this om™"' act shall continue in office for the term of one (1) two (2) and three (3) years respectively, and until their succes- sors are appointed and qualified, beginning with the first (1st) Monday of January, A. D. 1889; the term of each to be designated by the governor, but their suc- cessors shall be appointed for a term of three (3) years, and until their successors are appointed and qualified, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commis- sioner whom he shall succeed. Any commissioner may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office. [Said commissioners shall not, while holding office under this act, be interested in anv stock or bonds of stock or bonds . . ■ i _L J. ii ol carriers. any common carrier or m any contract for the con- struction, repair or maintenance of any railroad, or accept any retainer or employment from any common carrier under the jurisdiction of said commission.] Amendment in brackets Approved April 25th, 1895. Xo vacancy in the commission shall impair the right ■of the remaining commissioners to exercise all the powers of the commission. (c.) Vacancies occasioned by removal, resignation or other cause, shall be filled by the governor as pro- vided in case of original appointments. Not more than two of the commissioners appointed shall bej members of the same political party. No person in the employ of or holding any official relation to any com- mon carrier subject to the provisions of this act or any law of this state, or owning stocks or bonds, or other property thereof, or who is in any manner inter- ested therein, shall enter upon the duties of or hold such office. (d.) The decision of a majority of the commissioners shall be considered the decision of the commission on all questions arising for its consideration. Before en- tering upon the duties of his office each commissioner shall make and subscribe and file with the secretary of state an affidavit in the following form : "I do solemn- ly swear (or affirm, as the case may be) that I will sup- port the constitution of the United States, and the constitution of the State of Minnesota, and that I will faithfully discharge my duties as a member of the rail- road and warehouse commission of the State of Minne- sota, according to the best of my ability ; and I further •declare that I am not in the employ of,, or holding any official relation to any common carrier within this state, nor am I in any manner interested in any stock, bonds or other property of such common carrier." Vacancies on the commis- sion, how filled. Decision ol majority ot commission, rules. Oath ot com- missioners. 14 GKNERAI, RAILROAD LAW OF MINNESOTA. Bond of com- missioners. How proceed- ings to be conducted. Proceedings to be recorded Official seal. Commission may adminis- ter oaths. Commission may bold sessions in any part ol the state. I Attorney gen eral ex officio attorney for commission. (e.) Each commissioner so appointed and qualified shall enter into bonds (to) of the State of Minnesota, tO' be approved by the governor, in the sum of twenty thousand (20,000) dollars, conditioned for the faithful performance of his duty as a member of such commis- sion; which bond shall be filed with the secretary of state. (f.) The commission shall conduct its proceedings in such a manner as will best conduce to the proper dis- patch of business, and to the ends of justice. A majori- ty of the commissioners shall constitute a quorum for the transaction of business, but no commissioner shall par- ticipate in any hearing or proceeding in which he has^ any pecuniary interest. Said commissioner (commission) may from time to time make or amend such general rules or orders a.8 may be requisite for the order and regulation of proceedings beifore it, including forms of notices and service thereof, which shall conform as nearly as may be to those in use in the courts of this state. Any party may appear before said commission, and be heard in person or by attorney. Every vote and official act of the commission shall be entered of record, and its proceedings shall be public, upon the re- quest of either party interested, or at the discretion of the commission. Said commission shall have an of- ficial seal, which shall be judicially noticed. Any member of the commission may administer oaths and' affirmations. The principal office of the commission shall be in the City of St. Paul, where its general ses- sion shall" be held. (g.) Whenever the convenience of the public or of the parties may be promoted, or delay or expenses pre- vented thereby, the commission may hold special ses- sions in any part' of the state. It may, by one or more- of the commissioners, prosecute any inquiry necessary to its duties, in any part of the state, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act. (h.) The attorney general of the State of Minnesota shall be ex-offlcio attorney for the commission, and shall' give them such counsel and advice as they may from- time to time require; and he shall institute and prose- cute any and all suits which said railroad and ware- house commission may deem it expedient and proper to institute; and he shall render to such railroad and warehouse commission all counsel, advice and assist- ance necessary to carry out the provisions of this act,, or of any law of this state, according to the true in- tent and meaning thereof. It shall likewise be the GENERAI, RAILROAD LAW OF MINNESOTA. IS duty of the county attorney of any county in which suit is instituted or prosecuted, to aid in the prosecu- tion of the same to a final issue, upon the .request of such commission. Said commission are hereby au- commission thorized, when the facts in any given case shall in their empioy'aMi- judgment warrant, to employ any and all additional tioi^ai counsel. legal counsel that they may think proper, expedient and necessary, to' assist the attorney general or any county attorney in the conduct and prosecution of any suit they may determine to bring under the provisions of this act or of any law of this state. Sec. 10. (a.) That the commission hereby created fuylgoi'"'^ shall have authority to inquire into the management of commission. the business of all common carriers subject to the pro- visions of this act, and shall keep itself informed as to the manner and method in which the same is con- ducted, and shall have the right to obtain from such common carriers full and complete information neces- sary to enable the commission to perform the duties and carry out the objects for which it was created; in order to enable said commissioners efficiently to per- form their duties under this act, it is hereby made their duty to cause one of their number to visit the various stations on the lines of each railroad as often as prac- ticable, after giving twenty (20) days' notice of such visit and the time and place thereof in the local news- papers, and at least once in twelve (12) months to visit each county in the state in M'hich is or shall be located a railroad station, and personally inquire into the man- agement of such railroad business; and for this pur- pose, all railroad companies and common carriers and . their officers and employes are required to aid and fur- nish each member of the railroad and warehouse com- mission with reasonable and proper facilities, and each, or all of the members of said commission, shall have the right, in his or their official capacity, to pass free on any railroad trains on all railroads in this state, and. to enter and remain in, at all suitable times, any and all cars, offices or depots, or upon the railroads of any railroad company in this state, in the performance of official duties; and whenever, in the judgment of the commission, it shall appear that any common carrier fails in any respect or particular to comply with the laws of this state, or whenever, in their judgment, any repairs are necessary upon its railroad, or any addi- tion to or change of its stations or station houses is necessary, or any change in the mode of operating its road or conducting its business is reasonable, or expe- dient in order to promote the security, convenience and 16 GENERAL RAILROAD LAW OF MINNESOTA. Carriers liable for neglect of duty. Suit may be brouglit In case of damages Court can compel ofBcers to attend as witnesses. Penalties for non-compli- ance with this act. accommodation of the public, said commission shall in- form such railroad company, by a notice thereof in writing, to be served as a summons in civil actions is required to be served by the statutes of this state in actions against corporations, certified by the commis- sion's clerk or secretary, and if such common carrier shall neglect or refuse to comply with such order, then the commission may, in its discretion, cause suits or proceedings to be instituted to enforce its orders as provided im this act. Sec. 11. (a.) That in case any common carrier, sub- ject to the provisions of this act shall do, cause to be done, or permit to be done, any act or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter or thing in this act required to be done, such common carrier shall be liable to the person or persons, party or parties injured thereby, for the full amount of damages sustained in consequence of any such violation of the provisions of this act, to- gether with a reasonable counsel or attorney's fee to be fixed by the court in every case of recovery, which at- torney's fees shall be taxed and collected as part of the costs in the case. (b.) That any person or persons, party or parties claiming to be damaged by the action or non-action of any common carrier, subject to the provisions of this act, may either make complaint to the commission, as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any district court of this state, of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies at the same time. (c.) In any action brought for the recovery of dam- ages the court before which the same shall be pending may compel any director, officer, receiver, trustee or agent of any corporation or company, defendant in such suit, to attend, appear and testify in such case, and may compel the production of books and papers of such corporation or company, party to any such suit; the claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Sec. 12. That any common carrier subject to the provisions of this act, or, whenever such common car- rier is a corporation, any director or officer thereof, or GENERAL RAILROAD LAW OF MINNESOTA. 17 any receiver, trustee, lessee, agent or person acting for, or employed by such corporation, who, alone or with any other corporation, company, person or party shall wilfully do or cause to be done, or shall wilfully suffer or permit to be done, any act, matter or thing in this act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter or thing in this act required to be done, or shall cause or willingly suffer or permit any act, matter or thing so directed or required by this act to be done, not to be so done, or shall aid and abet therein any such omissions, or shall be guilty of any wilful in- fraction of this act, or shall aid or abet therein, shall be deemed guilty of a yiolation of the provisions of this act and shall, upon conviction thereof, in any district court of the state within the jurisdiction of which such offense was committed, be subject to a penalty of not less than two thousand five hundred (2,500) dollars or more than five thousand (5,000) dollars for the first offense, and not less than five thousand (5,000) dollars or more than ten thousand (10,000) dollars for each subsequent offense. Sec. 13. (a.) That any person, firm, corporation or association, or any mercantile, agricultural or manu- facturing society, or any body politic or municipal or- ganization, complaining of anything done or omitted to be done by any common carrier subject to the pro- visions of thi« act, in contravention of the pro- visions thereof, may apply to said commission by peti- tion, which shall briefiy state the facts. "(l3.) Whereupon a statement of the charges so made shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in writing within a reasonable time, to be specified by the commission, and to serve a copy of such answer upon the complain- ant. If such common carrier, within the time speci- fied, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liabil- ity to the complainant only for the particular viola- tion of law thus complained of. If such common car- rier shall not satisfy the complaint within the time specified, and if it shall appear to the commission that there is reasonable ground for investigating the matter set out in said complaint, the commission shall name a time and place when and where a hearing will be had before the commission in the matter complained of. "Notice of all hearings before the commission, not only under this section but under all other sections of this act where hearings are contemplated, shall be Persons ag- grieved may apply to com- mission X>y petition. Duties of com- mission upon sucli applica- tion. Notices of all hearings to li& sent out toy commission. 18 GENERAL' RAILEOAD LAW OF MINNESOTA. Notices can be served on attorneys acting. Complaints cannot be dismissed because of absence ot direct damages. In case of re- fusal to obey subpoenas, bow court shall proceed. given by the commission or by the secretary of said commission, by causing to be mailed to the complain- ant in the case a copy of the notice of such hearing at his reputed place of residence, postage prepaid, at least ten (10) days before the day named as the day of hearing in said notice, and also by causing a copy of such notice of hearing tO' be mailed, at least ten (10) days before the day named as the day of hearing in said notice, properly directed, postage prepaid, to any division superintendent, general or assistant superin- tendent, general manager, president, vice president or secretary of the common carrier complained of, at the place in the State of Minnesota where the main busi- ness of such common carrier is transacted. "Provided, that whenever the complainant or com- mon carrier has appeared by an attorney, thereafter such service may be made upon such attorney. Such service shall be taken and held in all cases to be a legal service; appearance in any case shall be taken and deemed a waiver of any defect in the notice of such hearing or any irregularities of the service thereof. "No complaint shall at any time be dismissed be- cause of the absence of direct damages to the com- plainant, and for the purpose of this act the commis- sion shall have power to require the attendance of wit- nesses and the production of all books, papers, con- tracts, agreements and documents relating to any mat- ter under investigation, and to that end may invoke the aid of any court of this state in requiring the at- tendance of witnesses and the production of all books, papers, contracts, agreements and documents relating to any matter under investigation, under the provisions of this act." (As amended 1891.) (c.) Any of the district courts of this state, within the jurisdiction of which such inquiry is carried on, shall, in case of contumacy or refusal to obey a sub- poena issued by the commissioners to any common car- rier subject to the provisions of this act, or, when such common carrier is a corporation, to an oflScer or agent thereof, or to any person connected therewith, if pro- ceedings are instituted in the name of such commission as plaintiffs, issue an order requiring such common car- rier, officer or agent, or person to show cause why such contumacy or refusal should not be punished as and for contempt, and if upon the hearing the court finds that the inquiry is within the jurisdiction of the com- mission, and that such contumacy or refusal is willful and the same is persisted in, such contumacy or refusal shall be punished as though the same had taken place GENERAL RAILROAD LAW OF MINNESOTA. 19 in an action pending in the district court for any ju- dicial district in this state. The claim that any such testimony or evidence may tend to criminate the per- son giving such evidence shall not excuse such vvitness from testifying; but such evidence or testimony shall not be used against such persons on the trial of any criminal proceeding. Sec. 14. (a.) Whenever an investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall in- clude the findings of fact upon which the conclusions of the commission are based, together with its recom- mendation as to what reparation, if any, should be made by the common carrier to party or parties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the cominission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of, and the record thereof shall be public. (b.) If in any case in which an investigation shall be made by said commission it shall be made to appear to the satisfaction of the commission, either by testi- mony of witnesses or other evidence, that anything has been done or omitted to be done by any common car- rier, in violation of the provisions of this act or any law cognizable by said commission, or that any injury or damages has been sustained by the party or parties complaining, or by other parties aggrieved in conse- quence of any such violation, it shall be the duty of the commission to forthwith cause a copy of its report in respect thereto to be delivered to such common car- rier, together with a notice to said common carrier to cease and desist from such violation and to make repa- ration for the injury so found to have been done, with- in a bri€f but reasonable time, to be specified by the commission; and if within the time specified, it shall be made to appear tO' the commission that such com- mon carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the commisison, or to the satisfaction of the party com- plaining, a statement to that effect shall be entered of record by the commission, and the said common car- rier shall thereupon be relieved from further liability or penalty for such particular violation of law. Findings of commission to he made in writing. In case find- ings are against com- mon carriers, report must be made to them. 20 GENERAL RAILROAD LAW OF MINNESOTA. In case ol neglect or re- fusal to make reparation, commission to forward re- port to attor- ney general. Attorney Gen- eral to bring suit. Powers of court. Further pow- ers of court. (c.) But if said common carrier shall neglect or re- fuse, within the time specified, to desist from such vio- lation of law, and make a reparation for the injury done in compliance with the report and notice of the commission as aforesaid, it shall be the duty of the commission to forthwith certify the fact of such neg- lect or refusal, and forward a copy of its report and such certificate to the attorney general of the state for redress and punishment as hereinafter provided. Sec. 15. (a.) That it shall be the duty of the attor- ney general to whom said commission may forward its report and certificate, as provided in the next preceding section of this act, when it shall appear from such re- port that any injury or damages has been sustained by any party or parties by reason of such violation of law by such common carrier, to forthwith cause suit to be brought in the district court in the judicial district wherein such violation occurred on behalf and in the name of the person or persons injured, against such common carrier, for the recovery of damages for such injury as may have been .sustained by the injured par- ty ; and the cost and expenses of such prosecution shall be paid out of the appropriation hereinafter provided for the uses and purposes of this act. (b.) And the said court shall have power to hear and determine the matter on such short notice to the common carrier complained of as the court shall deem reasonable; and such notice shall be served on such common carrier, his or its officers, agents or servants, in such manner as the court shall direct; and said court shall proceed to hear and determine the matter speedily, and without the formal pleading and pro- ceedings applicable to ordinary suits in equity; but in such manner as to do justice in the premises, and to this end such court shall have power, if it thinks fit, to direct and prosecute in such mode and by such per- sons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition. And on such hearing the report of said commission shall be prima facie evi- dence of the matters therein stated. (c.) And if it be made to appear to such court, on such hearing, or on report of any such person or per- sons, that the lawful ol-der or requirement of such com- mission drawn in question has been violated or dis- obeyed, it shall be lawful for such court to issue a writ of injunction, or other proper process, mandatory or otherwise, to restrain such common carrier from fur- ther continuing such violation or such disobedience of GENERAI, EAILEOAD I,AW OF MINNESOTA. 21 such order or requirement of said commission, and en- joining obedience to the same; and in case of any dis- obedience of any such writ of injunction or other prop- er process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier; and if a cor- poration, against one or more of the directors, oflflcers or agents of the same, or against any owner, lessee, trustee, receiver or other person, failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money not exceeding for each carrier or per- son in default the sum of five hundred (500) dollars for every day after a day to be named in the order that such carrier or other person shall fail to obey such in- junction or other proper process, mandatory or other- wise; and such moneys shall be payable as the court shall direct, either to the party complaining, or into court to abide the ultimate decision of the court, and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attach- ment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. Either party to such proceeding before said court Appeal may may appeal to the supreme court of the state, under p?eme court? the same regulations now provided by the law in respect to security for such appeal; but such appeal shall not operate to stay or supersede, the order of the court or the execution of any writ or process thereon, unless the court hearing or deciding such case should otherwise direct; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. (d.) Any railroad company or common carrier af- carrisrs fected by any order of the commission, ["or any party orders of the to any proceeding before said commission and affected may'appe™ to bv its order] (amendment in brackets approved April ^?f'^j°*3S°^v's 23th, 1895), except administrative orders [hereinafter ^' referred to, may at any time within the period of thir- ty (30) days after the service of it upon him or it of such order, appeal therefrom to the ilistrict court of the county in which the complainants, or a majority thereof, reside or have a legal existence, by the serv- wlthlnSOdays. 22 GENERAL RAILROAD LAW OF MINNESOTA. ice of a written notice of such appeal on some member or tbe secretary of such commission.] Amendment in brackets approved April 25th, 1895. "And upon the taking of such appeal and the filing of the notice thereof, with the proof of service, in the oflflce of the clerk of the district court, there shall then be pending in such district court a civil action of the ' character and for the purposes mentioned in sections eight (8), eleven (11) and fifteen (15) of chapter ten (10) of the General Laws of one thousand ejght hundred and eighty-seven (1887), as amended by this act. Upon such appeal, and upon the hearing of any application by the commission or by the attorney general for the enforcement of any such order made by the commis- sion, the district court shall have jurisdiction to, and it shall, examine the whole matter in controversy, in- cluding matters of fact as well as questions of law, and to afBrm, modify or reverse such order in whole or in part, as justice may require; and in case of any order being modified, as aforesaid, such modified order shall, for all the purposes contemplated by this act, stand in place of the original order so modffied and have the same force and effect throughout the state as the or- ders of said commission. [Appeals referred to in this act shall not apply to administrative orders made in pursuance to section ten (10) of chapter ten (10) of the General Laws of eighteen hundred and eighty-seven (1887).] Amendment in brackets approved April 25th, 1895. "No appeal as aforesaid shall stay or supersede the order appealed from unless the court hearing and de- ciding such case, upon application and notice to the other party, shall so direct. "The remedies herein provided for shall be in addi- tion to all existing legal and equitable remedies." Commission. Sec. 16. (a.) That whenever facts, in any manner may prose- ascertained by said commission, shall in its judgment warrant a prosecution, it shall be the duty of said com- mission to immediately cause suit to be instituted and prosecuted against any common carrier who may vio- late any of the provisions of this act, or of any law of this state. All such prosecutions shall be in the name of the State of Minnesota, except as is otherwise pro- vided in this act, or in any law of this state, and may be instituted in any county in the state through or into which the line of any common carrier so sued may extend, and all penalties recov- ered under the provisions of this act, or of any law of this state, in any suit instituted in the name of the GENERAL RAILROAD LAW OF MINNESOTA. 23 state, shall be immediately paid into the state treasury by the sheriff or other officer or person collecting the same; and the same shall be by the state treasurer placed to the credit of the general revenue fund. (b.) For the purposes of this act, except its penal provisions, the district courts of this state shall be deemed to be always in session. Sec. 17. (a.) That the commission is hereby di- rected to require annual reports from all common car- riers, subject to the provisions of this act, to prescribe the manner in which said reports shall be made, and to require from such carriers specific answers to all ques- tions upon which the commission may need informa- tion. Such annual reports shall show, in detail, the amount of capital stock issued, the amounts paid there- for and the manner of payment for the same, the divi- dends paid, the surplus fund, if any, and the number of stockholders, the funded and floating debts, and the interest paid thereon; the cost and value of the car- rier's property, franchises and equipment; the num- ber of employes and the salary paid each class; the amounts expended for improvements each year, how expended, and the character of such improvements; the earnings and receipts of each branch of business, and from all sources, the operating and other expenses; the balance of profit and loss, and complete exhibit of the financial operations of the carrier each year, in- cluding an annual balance sheet; also the total amount of acres of land received as grants either from the United Statesi or from the State of Minnesota; the number of acres of said grant sold, and average price received per acre; the number of acres of grants unsold and appraised value per acre. Such detailed reports shall also contain such information in relation to rates or regulations concerning fares or freights and agree- ments, ari-angements or contracts with express com- panies, telegraph companies, sleeping and dining car companies, fast freight lines and other common car- riers, as the commission may require, with copies of such contracts, agreements or arrangements. [Said re- port shall contain, in detail, all the required statistics for the period of twelve (12) months ending on the thirtieth (30) day of June in each year, and shall be verified by the oath of the president,. vice president, treasurer, comptroller, auditor or receiver of such com- mon carrier, administered by a notary public or some officer authorized to administer an oath by the laws of the state or territory where said oath is taken, and shall be made out and filed with said commission at Annual re- ports required from all com- mon carriers and penalties for non-com- pliance. Reports to be filed wltli Commission on or before September 30tli, of each year. 24 GENERAL RAILROAD LAW OF MINNESOTA. Enforcement of penalties. Commission may prescribe uniform sys- tem of keeping accounts. Commission to make an- nual report to Governor. Shall make special re- ports when reT quested l>y the governor. its office in the City of St. Paul, on or before the thir- tieth (30) day of September in each year, unless ad- ditional time be granted in any case by the commis- sion; and if any common carrier subject to the provis- ions of this section shall fail to make and file such an- nual report within the time above specified, or within the time extended by the commission for making and filing the same, or shall fail to make specific answer to any lawful question authorized by the provisions of this section, such common carrier shall be subject to a penalty of one hundred (flOO) dollars for each and every day it shall continue to be in default with respect thereto, and each day it shall continue in default shall be a separate offense. The penalties provided for in this section shall be collected and enforced by a civil action in the name of the state in any district court of this state, and the attorney general is hereby authorized and directed to commence and prosecute all necessary action for the recovery of penalties provided by this section.] Amendment in brackets approved April 23, 1897.) (b.) And the commission may, within its discretion, for the purpose of enabling it the better to carry out the purposes of this act, prescribe (if in the opinion of the commission it is practicable to prescribe such uni- formity and methods of keeping accounts) a period of time within which all common carriers subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. Sec. 18. (a.) That such commissioners shall, on or before the first (1st) day of December in each year, and oftener if required by the governor to. do so, make a report to the governor of their doings for the preceding year, containing such facts, statements and explana- tions as will disclose the actual workings of tte system of railroad transportation in its bearings upon the busi- ness and prosperity of the people of this state, and such suggestions in relation thereto as to them may seem appropriate. (b.) They shall also, at such times as the governor shall direct, examine any particular subject connected with the conditions and management of such railroads, and report to him in writing their opinion thereon, with their reasons therefor. Said commissioners shall . also investigate and consider what, if any, amendment or revision of the railroad laws of this state the best interests of the state demand, and they shall make a special biennial report on said subject to the governor. GENBEAI, RAILROAD LAW OF MINNESOTA. 25 All such reports made to the governor shall be by him transmitted to the legislature at the earliest practi- cable time. (c.) Nothing in this act contained shall in any way abridge or alter the remedies now existing at common law, or by statute, but the provisions of this act are in addition to such remedies. Provided, That no pend- ing litigation shall in any way be affected by this act. Sec. 19. Each commissioner shall receive an an- Salaries of nual salary of three thousand (3,000) dollars, payable 1°^'^'^^'°'" in the same manner as the salaries of other state of- ficers. The commissioners shall appoint a secretary who shall receive an annual salary of eighteen hundred (1800) dollars, payable in like manner. Said secretary shall, before entering upon the duties of his offlce, Appointment make and file with the secretary of state an aftidavit in «' secretary. the folio wing form: "I do solemnly swear or affirm (as the case may be) that I will support the constitution of the United States and the constitution of the State of Minnesota, and that I will faithfully dis- charge my duties as secretary of the railroad and warehouse commission of the State of Minnesota, ac- cording to the best of my ability; and I further declare that I am not in the employ of, or holding any official relation to, any common carrier or grain warehouse- man, within said state, nor am I, in any manner, in- terested in any stock, bonds or other property of such common carrier or grain warehouseman." The said secretary so appointed and qualified shall enter into bonds to the State of Minnesota, to be approved by the governor in the sum of ten thousand (10,000) dollars, conditioned for the faithful performance of his duty as secretary of such commission, which bond shall be filed with the secretary of state. The commission shall have authority to employ and fix the compensation for such other employes as it may find necessary to the proper performance of its duties, subject to the ap- proval of the governor of the state. The commissioners shall be furnished with a suit- witness tees. able office and all necessary office supplies. Witnesses summoned before the commission shall be paid the same fees and mileage that are paid witnesses in the district courts of the state. All the expenses of the commission, including all Expenses, necessary expenses for transportation incurred by the °^ ^*' " commissioners, or by their employes under their order, in making any investigation in any other place than the City of St. Paul, shall be allowed and paid out of the state treasury on presentation of itemized vouchers 26 GENBEAI, RAILROAD LAW OF MINNESOTA. Appropria- tion. District Court to pass upon failure of com- mon carrier to obey com- mission. therefor, approved by the chairman of the commission and the state auditor. Sec. 20. That the sum of fifteen thousand (15,000) dollars is hereby appropriated for the use and purposes of this act for the fiscal year ending July thirty-first (31), eighteen hundred and eighty-eight (1888), and the sum of fifteen thousand (15,000) dollars is hereby ap- propriated for the use and purposes of this act for the fiscal year ending July thirty-first (31), eighteen hun- dred and eighty-nine (1889). Sec. 21. That all acts and parts of acts inconsist- ent herewith are hereby repealed; Provided, That the provisions of this act shall apply to and govern the ex- isting railroad and warehouse commissioners appoint- ed by virtue of an act approved March fifth (5th), eight- een hundred and eighty-five (1885), who are hereby clothed with the powers and charged with the duties and responsibilities of this act, granted to and imposed upon the railroad and warehouse commissioners of the State of Minnesota. "Sec. 22. That whenever any common carrier, as defined in and subject to the provisions of this act,, shall violate, or refuse, or neglect to obey or perform any lawful order or requirement of the commission made under the provisions of this act, not founded upon a controversy requiring a trial by jury, as pro- vided by the seventh (7th) amendment to the consti- tution of the United States, or as provided by section four (4) of the constitution of this state, it shall be lawful for the commission, or for any company or per- son interested in such order or requirement, to apply in a summary way, by petition to any district court in any county in this state in which the carrier com- plained of has its principal office, or in any county through or into which its line of road extends, alleg- ing such violation or disobedience as the case may be ; and the said court shall have power to hear and de- termine the matter, on such short notice to the com- mon carrier complained of as the court shall deem rea- sonable; and such notice may be served on such com- mon carrier, his or its oflflcers, agents or servants, in such manner as the court shall direct ; and said court shall proceed to hear and determine the matter speed- ily and without the formal pleadings and proceedings" applicable to ordinary suits further than is necessary in the judgment of the court to clearly define the issues between the parties, and in such manner as to do jus- tice in the premises. To this end the court shall have power, if it think fit, to direct and prosecute, in such GENBRAI, RAILROAD LAW OF MINNESOTA. 27 mode and by such persons as it may appoint, all such inquiries as the court may think needful to form a just judgment in the matter of such petition; and on such hearing the findings of fact in the report of said com- mission shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court, on such hearing, or on the report of any person or persons, that the lawful order or requirement of said commission drjawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other process, mandatory or otherwise, to restrain such common carrier from fur- ther continuing such violation or disobedience of such order or requirement of said commission, and enjoin- ing obedience to the same; and in case of any disobedi- ence of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such courts to issue writsi of attachment, or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and, if a cor- poration, against one or more of the directors, officers or agents of the same, or against any owner, lessee, trustee, receiver or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and^aid court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money, not exceeding for each carrier or per- son in default the sum of five hundred (500) dollars for every day after a day named in the order that such person or carrier shall fail to obey such injunction or other process, mandatory or otherwise, and such money shall be payable as the court shall direct, either to the party complaining, or into court to abide the ul- timate decision of the court, or into the state treasury; and payment thereof may, without prejudice to any other mode of recovering the same, -be enforced by an attachment or order in the nature of a writ of execu- tion, in like manner as if the same had been recovered by a final judgment or decree in personam and in such court. "Either party to any appeal, trial or 'other proceed- ing had in the district court pursuant to the provis- ions of this act, shall have the right to appeal to the supreme court of the state from any order or judgment of the district court under the same regulations now provided by law in relation to appeals to said supreme District Coiirt to issue writ of injunction. Penalty lor disobeying mandatory or- der or writ. Eight of ap- peal to su- preme court. 28 GENERAL RAILROAD LAW OF MINNESOTA. Where mat- ters in contro- versy entitle party to a jury- trial petition to district court may be made for sum- mary trial. court from orders or judgments of the district court, except that on such appeals securityshall not be re- quired when the same is taken by said commission, and except that the return of the district court provided for by section four (4), chapter eighty-six {86)," General Statutes, of one thousand eight hundred and seventy- eight (1878), may be filed in the supreme court at any time before or during the next succeeding term of said court after the mailing of the order or entering the judgment appealed from; and such appeal shall be en- tered upon the calendar and heard by said supreme court upon such short notice to the respective parties as the, court may deem reasonable, with a view to a speedy determination of the same. No appeal to the supreme court shall operate to stay or supersede an order in force at the time the appeal is taken, unless the supreme court shall, upon application duly made and upon such terms as it may deem just, suspend the operation of the order pending the appeal hereinbefore provided for. "If the matters involved in such order or requirement of said commission are founded upon a controversy which at common law would entitle the party to a ^ trial by jury, as provided by the seventh amendment of the Constitution of the United States, or by section four (4), article one (1) of the constitution of this state, and any such common carrier shall violate or re- fuse or neglect to obey or perform the same, after no- tice given by said commission, as provided in subdi- vision (b) (as amended hereby) of section thirteen (13) of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a summary way by petition to the district court of any judicial district in this state, in which the carrier com- plained of has its principal office or in which the viola- tion or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and such court shall by its order then fix a time and place for the trial of said cause, which shall not be less than twenty (20) nor more than forty (40) days from the time of said order fixing said time of trial; and it shall be the duty of the sheriff of the county in which such proceeding is pending to forth- with serve a copy of said petition and of said order upon the common carrier complained of, and it shall be the duty of such person or common carrier to file his or its answer to said petition within ten (1.0) days after the service, thereof, as aforesaid. Upon the trial GENERAL RAILROAD LAW OF MINNESOTA. 29 of said cause the findings of fact of said commission as .set forth, in its report shall be prima facie evidence of the matters therein stated, and if either party, be- ing entitled to a trial by jury, as in this act provided, shall demand a jury, or shall omit to waive a jury, the court shall by its order direct the sheriff to select, in the presence of the parties or their attorneys, from the number of persons qualified to serve as jurors in the county, thirty (30) such persons as he shall deem most indifferent between the parties, and the com- plainant or petitioner shall first strike off one of the names so selected, and the opposite party shall strike off one, until each shall have struck off eight (8). The sheriff shall then make a copy of the names of the re- maining fifteen (15) persons and deliver the same to the clerk of said court, who shall thereupon issue and deliver to such sheriff a venire facias, with the names in said list contained annexed thereto, and such sheriff shall summon the persons named according to the de- mand -of such writ; and upon the trial of the cause the jury so selected shall be called as they stand upon their panel and the first twelve (12) of them who shall ap- pear and are not challenged for cause, or set aside by the court, shall be the jury, and shall be sworn to try the issues joined in said cause or proceedings; Pro- vided, That if a sufficient number do not appear for the trial of said cause the court shall cause talesmen to be called as in other cases. If the judgment of a district court shall be in favor of the party complaining, he or they shall be entitled to recover a reasonable counsel or attorney's fees, which shall be collected as part of the costs in the case. "For the purpose of this act, excepting its penal pro- visions, the district courts of this state shall be deemed to be always in session." (Added 1891.) "Sec. 23. Any of the district courts of this state shall have jurisdiction upon the relation of any person or persons, firm or corporation, alleging such violation by such common carrier of any of the provisions of this act, and all acts amendatory thereof, as prevents the relator from having traffic moved by said common car- rier at the same rates as are charged or upon terms and conditions as favorable as those given by said com- mon carrier for like traffic under similar conditions to any other shipper, to issue a writ of mandamus against said common carrier demanding such common carrier to move or transport the traffic, or to furnish cars or other facilities for the transportation for the party ap- plying for the writ; Provided, That nothing in this act Proceedings before tlie court for the selection of jury. Jurisdiction of any district court recog- nized to issue manda/mus to common car- rier to move or transport trafSc. 30 GENERAL RAILROAD LAW OP MINNESOTA. Peremptory rtMndamus may Issue, pending de- termination of facts. shall be construed as repealing or modifying subdivis- ion (b) of section seven (7) of chapter ten (10) of the General Laws of one thousand eight hundred and eighty-seven (1887). "Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ, is raised by the pleadings, the writ of peremptory mandamus may is- sue, notwithstanding such question of fact is undeter- mined, upon such terms as to security, payment of the money into court or otherwise, as the court may think proper, pending the determination of the question of fact. "Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with othei" remedies provided by this act, or of any act amendatory thereof." (Added 1891.) Sec. 24. All acts or parts of acts inconsistent here- with are hereby repealed. Sec. 25. This act shall take effect and be in force from and after its passage. Approved March 7, 1887. Amendments to said act approved April 15, 1891. CHAPTER 288, GENERAL LAWS 1897. An Act to regulate appeals by railroad companies from orders or judgments relating to transportation rates or charges, and for the protection of persons af- fected by such appeal. Be it enacted by the Legislature of the State of Minne- sota: Appeal from order of com- mission. Order made by district court to take effect Imme- diately. Section 1. Whenever any proceeding is had under the provisions of any law of this state before the pail- road and warehouse commission for the readjustment, reduction or alteration of any rates or charges made by any railroad company for the transportation of per- sons or property over its line, or for the establishment or alteration of any classification of property to be transported by any railroad company, and where said commission make an order in any such matter and the railroad company affected appeals therefrom to any district court, the order made by said district court on said appeal shall go into effect immediately. And in case of an appeal by any railroad company affected by GBNERAI, RAII^EOAD LAW OF MINNESOTA. 31 such order or judgment of the district court to tlie supreme court of said state, such appeal to the su- preme court shall not stay the operation of the order or judgment of the district court so appealed from, unless the district court on proper showing when said appeal is made directs a stay of such order or judg- ment un^il said appeal is determined in said supreme court, and unless said appealing railroad company files with the clerk of the district court a good and sufficient bond, in such amount as the judge of the district court shall direct and approve, conditioned that in case said order appealed from is affirmed by the supreme court said railroad company will repay to any and every pas- senger who has, during the pendency of said appeal, paid any fare in excess of the amount fixed by the order of the district court, and to any consignor or consignee of any property carried or transported by said railroad company the amount he or they have paid as freight for the transportation of said property in excess of the amount fixed by the order and judgment of the district court, during the pendency of said ap- peal in the supreme court of this state or the supreme court of the United States. And it is hereby declared that any such passenger, and any such consignor or consignee of any freight, shall have a valid claim against any such appealing railroad company for any amounts paid as above pro- vided, during the pendency of said appeal in excess of the rates fixed by the order or judgment of the district court so appealed from, and in case of any such affirm- ance on appeal, a person holding any such claim for excessive charges taay recover the same in any court having jurisdiction, together with costs and reasonable attorney's fee, against said appealing railroad com^ pany and the .sureties on said appeal bond, unless said railroad company which collected such excessive charges repays the same within thirty days after writ- ten demand for such repayment. Sec. 2. This act shall take effect and be in force from and after its passage. Approved April 23, 1897. Appeal to su- preme court does not stay tlie order of district court unless so or- dered by dis- trict court. Appealing railroad com- panies to file bonds to re- fund monies pending su- preme court decision. Overcliarges may be recov- ered through the courts, on failure of common car- rier to refund. 32 GENERAL RAILROAD LAW OF MINNESOTA. CHAPTER 190, GENERAL LAWS 1885. An Act requiring railroad companies to provide suit- able passenger waiting rooms at cities, towns and vil- lages, as amended by chapter 105, General Laws of 1891. Be it enacted by the Legislature of the State of Minne- sota: To provide waiting rooms for passen- gers, Size ol rooms. Railroad com- panies to stop trains. Waiting rooms to be warmed and open one-half hour before and after ar- rival of train. Agent to be kept when business amounts to $15,000 per year. Section 1. [That all railroad corporations or com- panies operating any railroads in this state, shall with- in a reasonable time after the passage and approval of this act, provide at all villages and boroughs on their respective roads, depots with suitable waiting rooms for the protection and accommodation of all passen- gers patronizing such roads, and a freight room for the storage and protection of freight, and at all sta- tions in villages of one thousand (1,000) inhabitants or over, all such railroad companies or corporations shall provide a separate waiting room for ladies, and a sepa- rate waiting room for gentlemen, both of which said waiting rooms shall be properly and comfortably fur- nished, heated, lighted and ventilated, which said rooms shall each be at least equal in size to fifteen (15) feet by eighteen (18) feet square, with a height of ceil- ing at least ten (10) feet aboA'e the floor, and that all villages of less than one thousand (1,000) shall have at least one (1) such waiting room; and waiting rooms in all cases when necessary, be constructed of such great- er size as to accommodate all passengers patronizing such railroad at any station.] [Such railroad corporations or companies shall at all such depots or stations stop their trains regularly as at other stations to receive and discharge passengers, and for at least one-half (i) hour before the arrival and one-half (|) hour after the arrival of any passenger train, cause their respective depots or waiting rooms to be open for the reception of passengers; said depots to be kept well lighted and warmed for the space, of time aforesaid. And where the annual business of any railroad company at any such station amounts to fifteen thousand ($15,000) dollars or more, based -upon the outgoing and incoming freight and passenger traf- fic, then such railway company shall keep an agent at said depot during the business hours of each business day during the entire year; and any railroad company violating the provisions of this act,"^ shall be subject to the penalty as provided in section two (2) of chapter GENERAL RAILROAD LAW OF MINNESOTA. 33 one hundred and ninety (190) of the General Laws for the year one thousand eight hundred and eightT-five (1885).] [Provided, That the railroad and warehouse commis- withdrawal of sion may authorize the withdrawal of such agent at agent, when. depots where the business is periodical during such time as there is no business at any such station.] Amendments in brackets approved April 3, 1897. Sec. 2. Any such railroad company or corporation penalties for failing to comply with the provisions of this act shall ance.""™^''' forfeit and pay to the State of Minnesota a penalty of not less than five hundred (500) dollars, nor more than one thousand (1,000) dollars for each and every viola- tion of this act, and each period of thirty (30) days that any such railroad company or corporation shall fail to comply with the provisions of this act at any such sta- tion, shall be taken and deemed to be a separate viola- tion of this act. Sec. 3. All suits commenced and prosecuted under this act shall be in the name of the State of Minnesota, and all penalties collected shall be paid into the state treasury. Sec. 4. This act shall take effect and be in force on and after June ftrst (1st), one thousand eight hundred and eighty-five (1885). Approved March 7, 1885, and amended by chapter 105, General Laws 1891. CHAPTER 271, GENERAL LAWS 1895. An Act to prevent the spread of noxious weeds from empty freight cars. Be it enacted by the Legislature of the State of Minne- sota: Section 1. In order to prevent the spread of nox- Doors oi ious weeds from empty freight cars, it shall be the car^to^r®"^* duty of each and every railroad company owning or i^ept closed. operating any railroad or railroads in this state, to keep the doors of empty freight cars closed while haul- ing such cars over their lines in this state. Sec. 2. Any railroad company that willfully vio- J™?g^^^'°i^i. . lates the provisions of this act shall be liable to a flue ance. of not less than ten (10) nor more than twenty-five (25) dollars for each offense. Sec. 3. This act shall take effect and be in force from and after its passage. Approved March 12th, 1895. Express com- panies declar- ed common carriers. To be under the jurisdic- tion of tlie railroad and warehouse commission. 34 GENERAL RAILROAD LAW OF MINNESOTA. CHAPTER 152, GENERAL LAWS 1895. An Act to regulate express companies, declaring them to be common carriers, and to make such com- panies subject to the laws of this state regulating com- mon carriers. Be it enacted by the Legislature of the State of Minne- sota: Section 1. That every person, firm, corporation or association which shall do the business of an express company upon railroads in this state, by the carrying of any kind of property for compensation, is hereby de- clared to be a common carrier and subject to all the laws of the State of Minnesota regulating common carriers, and particularly to the act approved March 7th, eighteen hundred and eighty-seven, entitled, "An act to regulate common carriers and creating the rail- road and warehouse commission of the State of Min- nesota and defining the duties of such commission in relation to common carriers," and of the various acts amendatory thereof. Sec. 2. The railroad and warehouse commission of the State of Minnesota are hereby authorized, directed and empowered to assume the same powers, duties and responsibilities with reference to' express companies in this state that they now exercise under the law with reference to other common carriers by railroad, with the same authority and jurisdiction, and the same methods of procedure as are by law provided for in the case of such other common carriers. Sec. 3., This act shall take effect and be in force from and after its passage. Approved April 19, 1895. CHAPTER 346, GENERAL LAWS 1897. An Act to amend section 57 of chapter 34, General Statutes 1878, being section 2695, General Statutes 1894, relating to the liability of a company operating a railroad. Be it enacted by the Legislature of the State of Minne- sota: Section 1. Section fifty-seven (57), chapter thirty- four (34) of the General Statutes of eighteen hundred and seventy-eight (1878), being section twenty-six nine- GENERAI, RAILROAD LAW OF MINNESOTA. 35 ty-five (2695) of the General Statutes of eighteen hun- dred and ninety-four (1894) is hereby amended so as to read as follows: Any company or corporation operating a line of rail- road in this state and which company or corporation has failed or neglected to fence said road, and to erect crossings and cattle guards, and maintain such fence, crossings and cattle guards, shall hereafter be liable for all damages sustained by any person in conse- quence of such failure or neglect, [except that the measure of damages for the failure to construct or maintain such fence shall be as follows: The owner of any land abutting the line of railway of such company or corporation may serve a written notice on any station agent of any such company or corporation at any time between the first day of April and October in any year, that he requires the construc- tion of a fence on the line between his land and the right of way of such company or corporatioli. If such company or corporation does not within forty (40) days from the time of serving such notice construct such fence, such owner may recover in a civil action as damages under the provisions of this section an amount not exceeding twice the cost of constructing such fence, together with costs and a reasonable attorney's fee, to be allowed by the court, or such abutting owner may construct a legal fence on the line of such right of way at any time after the expiration of forty (40) days from the time such notice was served, in case such com- pany or corporation has failed to construct such fence, and such company or corporation shall be liable to' him on account of the construction of such fence for an amount equal to double the cost of the fence, to be re- covered in a civil action, together with costs and a reasonable attorney's fee. Such fence, whether con- structed by such railroad company or corporation or such abutting owner, shall be maintained and kept in repair by such company or corporation, and it shall be liable for all damages growing out of its failure to maintain and keep in repair such fence; provided, that this act shall not repeal or change in any way sections twenty-six ninety-three (2693) and twenty-six ninety- four (2694) of the General Statutes of eighteen hun- dred and ninety-four (1894), but the same shall remain in full force and effect, and the liability of any rail- • road companies for damages to stock therein and there- by imposed shall in no way be changed, released or modified; and such company or corporation shall be li- able for domestic animals killed by reason of its neg- Ballroad com- panies Uable for damage for failure to erect fences, crossings and cattle feuards. ' Owner of land to notify rail- road to con- struct fence Owner may recover dam- ages tor failure. Fences to te kept In repair by railroad companies. Sections 2693 and 2694 of Gen. Statutes of 1884 not to be repealed. Railroad com- panies liable for animals killed. 36 GENEEAL RAHEOAD LAW OF MINNESOTA. lect to fence the road, notwithstanding that notice to the company to fence its tracli, as herein provided, may not have been served upon the company.] Sec. 2. This act shall take efEect and be in force from and after its passage. Am(!>ndment in brackets approved April 23, 1897. CHAPTER 65, GENERAL LAWS 1893. An Act to provide for the construction of side- tracks and switches upon the right of way of railroad companies, to elevators, warehouses, mills or manufac- tories located on lands adjacent to the right of way of any railroad company in this state. Be it enacted by the Legislature of the State of Min- nesota: Demand for side track and switch to elevators and warehouses. To be kept In repair hy railroad company. Section *■!. The owner or owners of any elevator, warehouse or mill of not less than five thousand bushels capacity, located on lands adjacent to the right of way of any railroad company in this state, at or in the im- mediate vicinity of any regular way station of any railroad, shall have the right to demand of such rail- road company the construction of a sidetrack over its right of way from such elevator, warehouse, mill or manufactory, which said side track shalj connect with a switch with the main or other side track of such railroad, at a point within a reasonable distance from such way station, and the railroad company shall build said side track and malje such connection at its own expense. And in case no suitable place for the erection of such elevator, warehouse and mill can be had, for any cause, within the distance occupied by the switches, then the railroad and warehouse commision shall have the right upon application of either party in interest, to designate a place for the erection of the same, not more than one-quarter of a mile beyond the end of such switch; provided, how- ever, that no such owner or owners shall have the right to demand, nor shall any such railroad company be required to construct any side track under the pro- visions of this act which shall connect with the main track of such railroad outside of the outside switches of the yard of such station or siding as the same may be established at the date of such demand. Sec. 2. Such side track and switch shall at all times be under the control and management of, and be kept in repair and be operated by the railroad com- GBNEEAL RAHeoAD LAW OF MINNESOTA. 37 pany constructing or owning the same, and used for the business of such elevator, warehouse, mill or manufactory, for whose use the same may have been constructed, upon such terms and conditions as may be agreed upon by the owner or owners of such eleva- tor, warehouse, mill or manufactory and the railway company building such side track and switch, or in case of failure to make such agreement upon such as^oo^m"* terms and conditions as are imposed by the railroad P^nsation. and warehouse commission, as provided in section three of this act. Sec. 3. In case the owner or owners of such eleva- Fauure to tor, warehouse, mill or manufactory and the' railroad fSuS"'^ company of which the demand is made cannot agree upon the Ipcation of such side track and switch, or upon the terms and conditions upon which the same shall be constructed, maintained and operated, either party may apply to the railroad and warehouse com- mission of this state, which is hereby authorized and required, after hearing the parties, to fix the location and the terms and conditions upon which such rail- road company shall be compelled to locale, build, main- tain and operate such side track and switch, and the decision of the railroad and warehouse commission in relation thereto shall be accepted and received as an administrative order, made pursuant to section ten of chapter ten of the general laws of Minnesota of 1887, and shall be enforced as all other administrative orders as are in said act provided. Sec. 4. This act shall take effect and be in- force from and after its passage. Approved March 15, 1893. CHAPTER 150, GEZi^TEKAL LAWS 1895. An Act to prohibit railway corporations doing busi- ness in the State of Minnesota, from charging excess for overloading cars, and providing penalties for over- loading cars. , Be it enacted by the Legislature of the State of Minne- sota: Section 1. That every railway company doing busi- Kaiiroad com- ness in the State of Minnesota shall place lines inside paSrunes in- their cars with paint, which shall indicate to what, ^'^rt to pre? height in the car any certain grain can be loaded, and J^^^^^' when loaded to such line, no excess charges above the , " car load rate for overloading shall be charged; pro- 38 GBNKRAL RAILROAD LAW OF MINNESOTA. SMpper to state to Agent If car is loaded above or be- low the line. Receipt or bill of lading to be prima facie d evidence of car being so loaded. Laden above line a mis- demeanor. Bzcess cannot be collected if railroad neg- lect to paint line. Penalties for non-compli- ance. vided, however, that the person who shall load said car with grain shall note on the bill of lading, previous to its being signed by the railway agent, conductor, or other official acting for the railway company, that the car is loaded up to or below the line marked for the grain loaded, and it shall then be the duty of such railway agent, conductor or other official, before signing such h^ll of lading or receipt, to ascertain the truth of the statements contained there- in, and then to sign said bill of lading or receipt, and such bill of lading or receipt signed by the railway agent, conductor or other official shall be prima facie evidence that it was so loaded, and no excess charges above the car load v'sdes for overloading shall lie against such car. Provided, further, that no car shall be loaded above the grain line indicated in such car. Provided, further, that any person who loads any car above the proper grain line, marked in the car, shall be guilty of a misdemeanor and upon conviction there- of shall be punished by a fine of not less than ten dol- lars nor more than twenty dollars. Sec. 2. If any railway company shall neglect or re- fuse to place such line in itst cars it shall be prohibited from collecting any excess charges above the regular tariff rates on car load lots. Sec. 3. Any of the persons named in section one (1) of this act who shall refuse to sign a bill of lading or receipt for any grain containing the notations pre- scribed in section one (1) of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten (10) dollars nor more than twenty-five (25) dollars and the costs of prosecution. i Sec. 4j. All acts or parts of acts inconsistent with this act are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. Approved April 22, 1895. Application for permis- sion to build CHAPTER 64, GENERAL LAWS 1893. An Act providing for the erection of public grain warehouses and grain elevators, on or near the right of way of railways, and providing for condemnation proceedings in connection therewith. Be it enacted by the Legislature of the State of Min- nesota: Section 1. Any person, firm or corporation desirous of erecting and operating at or contiguous to any rail- GENERAL RAILROAD LAW OF MINNESOTA 39 Compensation proposed. way station or siding a warehouse or elevator for tlie purchase, sale, shipment or storage of grain for the public for hire, may make application in writing con- taining a description of that portion of the right of way pf said railroad on which said person, firm or corporation desires to erect a warehouse or elevator, and the size and capacity of the warehouse or elevator proposed to be erected and the time for which it is desired to maintain said warehouse or elevator to the person, firm or corporation owning, leasing or operat- ing the railway at such station or siding for the right, privilege and easement of erecting and maintaining for the time stated in said application and for reason- able compensation such warehouse or elevator as aforesaid upon the right of way appertaining to such railway at such siding or station, and within and be- tween the outside switches of the yard of such railway station or siding, and upon paying or securing in the manner hereinafter prescribed reasonable compensa- tion for the right, privilege and easement aforesaid shall absolutely and unconditionally be entitled to the same. Sec. 2. The application provided in the first sec- tion of this act shall also state the amoiint the appli- cant deems a reasonable compensation for the right, privilege and easement he desires to acquire, and said applicant shall tender and pay to such person, firm or corporation from whom such easement is sought the sum stated in such application, and in case the amount so named and tendered is not accepted and the parties cannot agree on the amount to be paid for such right, privilege and easement, the same shall be ascertained, assessed and determined by proceedings in the dis- trict court of the county in which the station or siding at which the right, privilege and easement sought is situated, which court is hereby given full jurisdiction in the premises and shall at all times be deemed open and in session for the purposes of this act. It shall be the duty of any person, firm or corpora- Notice of ao- tion to whom application is made for the right to refection. erect and maintain an elevator or warehouse under the provisions of this act to within ten days after the re- ceipt of said application notify said applicant in writ- ing of the acceptance or rejection of the amount stated in said application to be reasonable compensation for the right, privilege and easement sought to be ac- quired, and in case said person, firm or corporation fails to notify the applicant within said ten days, said per- son, firm or corporation shall be deemed to have ac- 40 GBNERAIv EAII,EOAp LAW OP MINNESOTA. Proceedings tn case of failure to agree. Trial by judge or jury. cepted said amoilnt, and upon payment or tender thereof said applicant shall be deemed to have acquired the right, privilege and easement applied for. Sec. 3. Proceedings in the district court shall be instituted and carried on as follows: The party seek- ing the right, privilege and easement aforesaid shall present to and file with the district court a petition in writing, and under oath specifying and describing the right, privilege and easement sought and the time for which the same is sought and the fact that the parties to the proceedings are unable to agree upon the amount of compensation therefor. A copy of the ap- plication for such privilege shall be attached to said petition and thereupon it shall at once be the duty of the court, by its order in writing,' to fix upon a place and a time not more than thirty days thereafter where and when the court will try, ascertain, assess and de- termine the amount of such compensation, a certified copy of which order, at least twenty days before the time so fixed upon," shall be served upon the party from whom the right, privilege and easement is sought, as summons are served in civil actions of said court, and such service when made shall be ample notice to and summons for the party so served to appear and join in the proceedings and shall be ample to give the court full jurisdiction over the party against whom the' pro- ceedings are instituted and the property involved in the proceedings. Sec. 4. At the time and place so fixed for ascertain- ing, assessing and determining the compensation afore- said the court shall immediately proceed to try said matter, without a jury,, if the parties consent, and if they do not consent and if the time and place fixed for said hearing is at a general or special term of said court where a petit jury has beep summoned, the court shall proceed to the hearing of such matter with a jury selected and sworn from the panel present at said term, in the same manner as jurors are selected in civil actions, and if the regular panel is exhausted be- fore a jury is secured talesmen may be summoned. In case said proceedings are made returnable at. any other time than at a term where a petit jury shall have been summoned the court shall make an order requir- ing the selection of twenty-four, jurors from those re- turned by the county commissioners, which jury shall be drawn and selected in the same manner provided by law for the drawing of jurors for general terms of the district court, and from the jurors so returned a jury shall be selected the same as in civil actions and GBNEEAI, EAIt days shall be permitted, and all new receipts issued for old ones cancelled, as herein provided, shall bear the same date as those originally issued, as near as may be. Sec. 8. No warehouseman in the state shall in- sert in any receipt issued by him any language in any- wise limiting or modifying his liabilities or respo/isi- bility as imposed by the la^s of this state. Sec. 9. On the return of any warehouse receipt by him properly indorsed, and the tender of all proper charges upon the property represented by it, such property shall be imdiediately deliverable to the holder of such receipt, and it shall not be subject to any fur- ther charges for storage after demand for such delivery STATB OF MINNESOTA. shall have been made, and the property represented by such receipt shall be delivered within twenty-four (24) hours after such demand shall have been made, and the cars or vessels for the same shall have been furnished. The warehouseman in default shall be liable to the own- er of such receipt for damages for such default in the sum of one (1) cent per bushel, and in addition thereto one (1) cent per bushel for each and every day of such neglect or refusal to deliver; Provided, No warehouse- man shall be held to be in default in delivery if the property is delivered in the order demanded, and as rapidly as due diligence, care and prudence will justify. Sec. 10. It shall be the duty of every owner, lessee and manager of every public warehouse in the state to furnish in writing under oath at such times as the board of warehouse commissioners shall require and pre- scribe, a statement concerning the condition and man- agement of the business as such warehouseman. iSec. 11. The warehousemen of every public ware- house located at Minneapolis, St. Paul and Duluth, shall, on or before Tuesday morning of each week, cause to be made out, and shall keep posted up in the business office of his warehouse in a conspicuous place, a statement of the amount of each kind and grade ol grain in store in his warehouse at the close of the business on the previous Saturday, and shall also on each Tuesday morning render a similar statement, made under oath, before some officer authorized by law to administer oaths, by one of the principal own- ers or operators thereof, or by the bookkeeper thereof, having personal knowledge of the facts, to the ware- house registrar appointed as hereinafter provided. They shalLalso be required to furnish daily to the said registrar a correct statement of the amount of each kind and grade of grain received in store in such warehouse on the previous day, also the amount of each kind and grade of grain delivered or shipped by such warehouseman during the previous day, and what warehouse receipts have been cancelled upon which the grain has been delivered on such day, giving the number of each receipt, and amount, kind and grade of grain received and shipped upon each; also how much grain, if any, was so delivered or shipped, and the kind and grade of it, for which waie- house receipts had not been issued, and when and how such unreceipted grain was received by them, the ag- gregate of such reported cancellations and delivery of unreceipted grain corresponding in amount, kind and grade with the amount so reported delivered or statement of condition and management of elevators to be made. Statement of kind and grade of grain received by elevator to be posted, when. Dally reports to be fur- nished regis- trar. 8 WARBHOUSB AND GRAIN I the fifteenth day of September in each calendar year to the fifteenth day of January in each succeeding calendar year. Any person, firm or corporation who fails to comply with the provisions of this section shall forfeit the rights, privileges and easements acquired under this act. Sec. 6. Any persons, firms or corporations availing themselves of the provisions of this act shall, within sixty days after the amount to be paid for the ease- ment acquired thereunder is finally determined by agreement or by proceedings in court, commence the erection of the warehouse or elevator stated in the application referred to in section one, and complete the same withini ninety days thereafter, and in case of failure to comply with the provisions of this section they shall be deemed to have abandoned the right, privilege and easement acquired, and the part or por- tion of the railroad right of way described in their ap- plication shall be subject to selection by other appli- cants who may desire tO' avail themselves of the pro- visions of this act. Sec. 7. This act shall take effect and be in force after the first day of May, A. D. 1893. Approved April 8, 1893. CHAPTER 73, LAWS 1879. An act to prevent fraud by coloring grain. Grain not to be colored. Sale 01 col- ored grain forbidden. Penalty. Section 3e. No person shall subject, or procure to be subjected, any barley or other grain, to fumigation by sulphur or other material, or to any other chemical process affecting the color of such barley or grain. Sec. 3f. No person shall sell, or offer for sale, any barley or other grain which shall have been subjected to fumigation or other process mentioned in the last section, knowing the same to have been so subjected. Sec. 3g. Any person violating the provisions of this act, shall, upon conviction thereof, be punished by a STATE OF MINNESOTA. 35 fine not exceeding five hundred (500) dollars, or im- prisonment, not exceeding one (1) year in the state prison, or both such fine and imprisonment, and shall be liable to treble the damages sustained by any per- son injured by such yiolation. (1879, chap. 73, sees. 1, 2,3.) WEIGHTS AND MEASURES. GENERAL STATUTES 1878, CHAPTER 21. Section 1. The standard weights and measures re- ceived from the secretary of state of the United States, and all scale beams, weights and measures owned by this state, shall be deposited in the office of the state treasurer, who shall receive and preserve the same. Sec. 2. The state treasurer shall be the sealer of weights and measures for the state. He shall try and prove by said standards all weights and measures, scales or beams sent or brought to him for that pur- pose by any county sealer, and shall seal such when found to be accurate, by stamping upon the letters "Min." with a seal he shall have and keep for that pur- pose. Sec. 3. The treasurer of each county shall be the sealer of weights and measures for the county. He shall procure, at the expense of the county (if not al- ready provided), a full set of weights and measures, scales and beams, which he shall cause to be tried, prQved and sealed by the state standard, and certified by the state treasurer; and the county treasurer for the time being, one in every five (5) years from the first (1st) day of January, A. D. one thousand eight hundred and sixty-five (1865), shall cause the standard in his keeping to be tried, proved and sealed by the state standards under the direction of the state treasurer. Snch weights and measures, whq^n so sealed and certi- fied, shall be deposited in the office of the county treas- urer as the county standards, by which he shall try and prove all scale beams; steel yards, weights and measures brought to him for that purpose, and shall seal such, when found to be accurate by stamping upon them the letters "Min." with a seal he shall have and keep for that purpose. And for each trying and proving, whether sealed or not, he shall receive a fee of five (5)^ cents for every scale beam, steel yard, weight or measure. standard ■weigMs and measures. State treas- urer to be sealer of weights, etc. Treasurer to be sealer of each county. 36 WAREHOUSB AND GRAIN LAWS OF THB County treas- urer author- ized to ap- point deputy aealers of weights and measures. Persons using ■weiglits and measures to have same proved and sealed. Penalty lor using weights and measures not proved and sealed, «to. Sealer or dep- uty to exam- ine and test weights and measures when so requested. Sec. 4 The county treasurer of each organized county shall have power to appoint in writing a deputy sealer of weights and measures for each railroad sta- tion and wheat market in his county, each of which appointments shall be recorded in the office of the register of deeds, and thereupon each of said depu- ties shall have all the powers and shall be competent to perform all the duties of such office, and shall, in case of willful neglect or refusal to faithfully discharge the duties required of him by law, be punished in ac cordance with the provisions of this act relating to the office of sealer of weights and measures. (As amended 1874, chap. 76, sec. 1.). Sec. 11. All persons engaged in any business, trade or occupation, requiring the use of weights or meas- ures, shall cause to be tried, proved and sealed by the sealer of weights and measures, in their respective counties, all scale beams, steel yards, weights, or measures, used by them in buying or selling any goods, wares, merchandise, grain or other commodities. If, after the expiration of three months from the passage of this act, any person shall buy, sell or dispose of any goods, wares, merchandise, grain or other commodi- ties by any scale, beams, steel yard, weight or meas- ure, not proved and sealed in accordance with the provisions of the law to which this is amendatory, or shall fraudulently buy, sell or dipose of any goods or commodities, wares, grain or merchandise, by any scale beam, steel yard, weight or measure that has been sealed, but is unjust, shall be deemed guilty of a misdemeanor, and, upon conviction thereof by any court having competent jurisdiction, shall be fined not less than five (5), nor more than one hundred (100) dol- lars ; and, upon neglect or refusal to pay such fine and the costs of prosecution, the court before whom the accused shall have been tried, shall commit him to the county jail, until such fine and costs are paid, or he is discharged by due course of law. And for the pur- pose of enforcing the law, it shall be the duty of the sealer of weights and measures, or his deputy, upon the written request of any aggrieved person, and upon the payment to him in advance by such person, the sum of one (1) dollar, and the further sum of twenty (20) cents per mile for going and returning, as travel- ing expenses, to examine and test any weights or meas- ures used within his county, whether the same shall have been before tested, proved and sealed or not, at any time when called upon, and without previous notice to the person or party complained of. And if STATE OF MINNESOTA. 37 such sealer of weights and measures, or any deputy sealer of weights and measures, shall, directly or in- directly, give previous notice or information to the party complained of, of such examination, in any man- ner whatever, he shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be pun- ished by a fine of not less than fifty (50), nor more than one hundred (100) dollars, or by imprisonment in the county jail for not less than thirty (30), nor more than ninety (90) days, or by both fine and imprisonment, in the discretion of the court. All fines collected under the provisions of this act shall be paid over to the county treasurer for the benefit of the school fund of the county where the action is brought. (As amended 1874, chap. 76, sec. 3.) , Sec. 12. If the treasurer of any county, or the seal- er of weights and measures for any township, neglects to procure (if not already provided) a set of weights and measures for such county or township, in (lompli- ance with the provisions of this chapter, he shall, upon conviction thereof by any court of competent jurisdic- tion, forfeit a sum not exceeding one hundred (100) dollars to the use of the county. Sec. 13. No action shall be commenced against any county or township sealer for neglecting to procure the sets of weights and measures as required by law, until the person proposing to bring such action gives such sealer notice in writing of his intention to com- mence such action, at least twenty (20) days prior there- to. And if such weights and measures are provided in accordance with the requirements of law, within twen- ty (20) days from such notice, then such action shall not be commenced. (Only such sections which pertain to measures and weights of grain are included in foregoing chapter.) Disposition of lines col- lected. Penalty for neglect of sealer to procure weights and measures. Action againstsealer,, how Insti- tuted. , CHAPTER 31, GENERAL LAWS 1897. An Act to amend section nine (9) of chapter twenty- one (21) of the general statutes of eighteen hundred and seventy-eight (1878), as amended by chapter twen- ty-two (22) of the general laws of eighteen hundred and eighty-seven (1887) and by chapter one hundred 38 WAREHOUSE AND GRAIN LAWS OF THE and nine (.1 09) of the general laws of eighteen hundred and ninety-three (1893), relating to weights and meas- ures. Be it enacted by the Legislature of the State of Min- nesota: Weights to apply on various com- modities; Section 1. That section nine (9) of chapter twenty- one (21) of the general statutes of one thousand eight hundred and seventy-eight (1878), as amended by chap- ter twenty-two (22) of the general laws of one thousand eight hundred and eighty-seven (1887) and by chapter one hundred and nine (109) of the general laws of one thousand eight hundred and ninety-three (1893) be and the same is hereby amended so as to read as follows : "S'ec. 9. Whenever any of the following articles shall be contracted for or sold or delivered, ajid no special contract or agreement shall be made to the contrary, the weight avoirdupois per bushel shall be as follows, to-wit: Apples, green, fifty (50) pounds; apples, dried, twenty-eight (28) pounds ; beans, sixty (60) pounds; barley, forty-eight (48) pounds; buckwheat, fifty (50) pounds; beets, fifty (50) pounds; blue grass seed, fourteen (14) pounds; blueberries, forty-twoi (42) pounds; broom corn seed, fifty-seven (57) pounds; corn, shelled, fifty-six (56) pounds; corn, in ear, seventy (70) pounds; clover seed, sixty (60) pounds; carrots, forty- five (45) po'unds; charcoal, twenty (20) pounds; cran- berries, thirty-six (36) pounds; currants, forty (40) pounds; gooseberries, forty (40) pounds; hemp seed, fifty (50) pounds; Hungarian grass seed, forty-eight (48) pounds; millet, forty-eight (48) pounds; oats, thirty-two (32) pounds; onions, fifty-two (52) pounds; orchard grass seed, fourteen (14) pounds; peas, sixty (60) pounds; Irish potatoes, sixty (60) pounds ; sweet potatoes, fifty-five (55) pounds ; parsnips, forty-two (42) pounds ; peaches, dried, twenty-eight (28) pounds; plastering hair, waished, four (4) pounds; plas- tering hair, unwashed, eight (8) pounds ; rape seed, fifty (50) pounds ; red top seed, fourteen (14) pounds ; rutaba- gas, fifty-two (52) pounds; rye, fifty-six (56) pounds; sorg- hum seed, fifty-seven (57) pounds; timothy seed, forty- five (45) pounds; wheat, sixty (60) pounds; coa,l, eigjhty (80) pounds; provided, that if coal be sold by the ton the weight thereof shall be two thousand (2,000) pounds. Whenever any wood shall be contracted for or sold or delivered, and no special contract or agreement shall be made tO' the contrary, the measurement per STATE OF MINNESOTA. 39 cord shall be one hundred and twenty-eight (128) cubic feet. And whoever in buying any of said articles shall take any greater number of pounds or cubic feet there- of to the bushel, ton or cord, as the case may be, or in selling any of said articles shall give any less number of pounds or cubic feet thereof to the bushel, ton or cord, as the case may be, than is herein allowed and specified, except when expressly authorized so toi do Penalty. by special contract or agreement to that effect, shall be deemed guilty of a misdemeanor and shall be pun- ished by a fine of not less than ten (10) dollars, nor more than one hundred (100) dollars, or by imprison- ment in the county jail for not more than ninety (90) days. Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 5, 1897. c^E^«m t'M mSm 'y-twit m