Page:North Dakota Reports (vol. 48).pdf/767

 nection with the main track, and desires to operate said spur and perform all freight service for said mine with its own motive power and employees and to transfer in passenger coaches its workmen engaged in the operation of said mine to and from Wilton, and take coal and water for its engine from the railroad’s supply at said station, which will necessitate the use of the main track from a point about five hundred feet south of said spur connection to a point about five hundred feet north of the station grounds at Wilton, together with said wye and station sidings. The portion of the main track, wye and station sidings owned by the railroad which the coal company so desires to use are shown in red on the blueprint hereto attached, marked ‘Exhibit A,’ and made part hereof. The portion of the spur track and sidings owned by the railroad which the coal company so desires to use are shown in brown on said blueprint. The portion of the spur track and sidings immediately connected with the mine and owned by the coal company are shown in green on said blueprint.”

The contract provides, among other things:

“I, The railroad grants to the coal company for the term of this agreement the following rights and privileges:

"1. To operate a passenger train with its own engine and crew over said spur track shown in brown on said blueprint and over the main line shown in red on said blueprint for the purpose of transferring its employees to and from work, and also to use so much of said portion of the main track, together with sidings and wye colored red as may be necessary to properly perform such service. * * *

“3. To transfer all freight cars as its business may require between said mine and the sidings of said spur nearest the main track. The railroad will set in empty cars for loading at said mine upon said sidings and take therefrom all loads delivered thereon by the coal company without charge.

“4. The movements of trains, cars or light engines over said tracks shall be under rules and regulations prescribed by the division superin- tendent of the railroad and all cars handled by the coal company shall be under the rhaster car builders’ rules.

“5. The railroad hereby leases to the coal-company one standard locomotive engine equipped with a small pilot snow plow and four open platform passenger coaches all in good order for the rental of fifty dol-