Page:1887 Compiled Laws of Dakota Territory.pdf/90

 lation of a railroad company, it shall be the duty of the commissioners, in case they deem the case just and reasonable, to proceed to make examination, first giving the petitioners and corporation reasonable notice in writing of the time and place of entering upon the same. If upon examination it shall appear to said commissioners that the complaint of the petitioners is well founded, they shall so find, and shall inform the corporation operating such railroad of their adjudication within ten days, and shall also report their action to the governor as provided in this act. All sleeping car companies, express companies and telegraph companies doing business in this territory, shall make such reports of their business as the railroad commissioners may require; and said commissioners shall have the same authority over and supervision of all sleeping car companies, express com­panies and telegraph companies doing business in this territory, as over railroad corporations.

§ 151. All railroad companies operating any lines of road in this territory are hereby declared subject to the provisions of this act, and the commissioners herein provided for are authorized and it is made their duty to enforce its provisions in the courts of this territory; and it is made the duty of the district attorney, or in ca e of his neglect or refusal, the attorney general, to prosecute any and all violations of its provisions upon com­plaint being made by said commissioners.

§ 152. Nothing in this act shall be construed to estop or hin­der any person or corporation from bringing suit against any railroad company for any violation of the laws of this territory for the government of railroads.

§ 153. Any railroad company doing business in this terri­tory, when desired by any person wishing to ship coal or other fuel over its road, shall receive and transport such coal or other fuel in bulk, within a reasonable time, and permit the same to be loaded either on its track near the depot or at any warehouse or side-track without any distinction, discrimination or favor between one shipper and another, and without discrimination or distinction as to the manner in which such coal or other fuel is offered for transportation, or as to the person, warehouse or 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 coal mine adjacent to or near any station or side track on its line; provided, however, that such railroad company shall not be required to pay the cost of making or maintaining said connections or of the siding or switch-track necessary to make the same; and, provided, fur­ther, that a majority of the railroad commissioners shall direct such railroad to make such connections and siding.

§ 154. No railroad corporation shall charge, demand or re­ceive from any person, company or corporation, for the transpor­tation of coal or other fuel, 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 concessions of rates, rebates, drawbacks and contracts for special rates, shall be open to and allowed to all persons, com-