Page:1887 Compiled Laws of Dakota Territory.pdf/89

§§ 147-150 the manner in which such grain is offered for transportation, or as to the person, warehouse, elevator, or the place where or to which it may be consigned. Every railroad company shall permit connections to be made and maintained in a reasonable manner with its track, to and from any warehouse, elevator or mill adjacent to any station on its line, without reference to its size or capacity, where grain or flour is or may be stored; provided however, that such railroad company shall not be required to pay the cost of making and maintaining such connection, or of the siding or switch-track necessary to make the same; and, provided further, that a majority of the commissioners appointed under this act shall direct such railroad to make such connection and siding. Grain shall also be received from wagons or sleighs in car load lots, the same as when offered from warehouses or elevators, allowing reasonable time for loading the cars, and the cars shall be placed in a convenient place easy of access.

§ 147. No railroad corporation shall charge, demand or receive from any person, company or corporation, for the transportation of persons or property, or for any other service, a greater sum than it shall at the same time charge, demand or receive from any other person, company or corporation, for a like service from the same place; and all concession of rates, rebates, drawbacks and contracts for special rates shall be open to and allowed to all persons, companies and corporations, and they shall charge no more for transporting from any point on its line than a fair and just proportion of the price it charges for the same kind of freight transported from any other point of equal distance within the territory.

§ 148. No railroad company shall charge, demand or receive from any company or corporation an unreasonable price for the transportation of persons or property, or for the handling or storage of freight, or for the use of its cars, or for any privilege or services afforded by it in the transaction of its business as a railroad corporation, and shall not demand the payment of freight beyond the point to which the goods or property are consigned the shipper.

§ 149. Any railroad corporation which shall violate any of the provisions of this act as to extortion or unjust discrimination, shall forfeit for every such offense, to the person, company or corporation aggrieved thereby, three times the actual damage sustained or overcharges paid by the said party aggrieved, together with costs of suit and a reasonable attorney's fee, to be fixed by the court; and if an appeal is taken from the judgment, or any part thereof, it shall be the duty of the appellate court to include in the judgment an additional attorney's fee for service in the appellate court or courts therefor. And in all cases where complaint is made in accordance with the provisions of section 150, hereinafter provided, that an unreasonable charge or regulation is made, the commissioners shall require a modified charge or regulation, such as they shall deem reasonable; and all cases of a failure to comply with the recommendations of the commissioners shall be embodied with the report of the commissioners to the legislature, and shall apply to any unjust discrimination, extortion or overcharge by said company, or other violation of law.

§ 150. Upon complaint of the mayor and aldermen of any city, or board of county commissioners, or of the trustees or supervisors of a town or township. of the freight tariff charged, or of any injustice to the public, growing out of any rule or regu-