« ForrigeFortsett »
grain into the city of Superior shall, before delivering the same to the consignee, or any other person or corporation, or setting the same in upon any track leading to any elevator, warehouse or mill, and before delivering the same to any terminal company or any other carrier, set out all such grain upon some one or more of the tracks in its yard convenient for the chief inspector of the grain and warehouse commission for the state of Wisconsin, his deputies and assistants, to inspect the same, and shall set out and separate the cars of grain destined to be delivered in Superior from any passing through in transit, and shall furnish said chief inspector a list with initials and numbers of cars, names of consignor and consignee, from where shipped, and where and to whom to be delivered, and shall furnish full and sufficient opportunity for such inspection of any and all grain delivered in Superior before such delivery whether to be delivered upon the original consignment or upon disposition subsequently given, and any railway company which shall violate any or fail to fully comply with all the provisions of this section shall forfeit the sum of one hundred (100) dollars for each carload of grain, to be recovered in an action brought in the name of the grain and warehouse commission for the state of Wisconsin.
Delivery to boats or cars without inspection prohibited; penalty. Section 72. No person or corporation shall deliver any grain from any elevator or warehouse in the city of Superior to any boat or car until the grain has been inspected, graded and weighed under the supervision of the grain and warehouse commission of the state of Wisconsin, and the fees for such inspection, grading and weighing paid on demand contemporaneously with such delivery, and any person or corporation violating this section by making such delivery or participating therein or in receiving such grain shall be punished by a fine of not less than one hundred (100) dollars, nor more than five hundred (500) dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment in the discretion of the court.
Interference with inspectors or weighmasters; penalty for. Section 73. Any person who shall resist or interfere with the chief inspector, or any of his deputies or assistants, or the weighmaster, or any of his deputies or assistants, while engaged in the lawful performance of his duty shall be punished by imprisonment in the county jail not more than six months,
or by fine not exceeding two hundred (200) dollars, or by both such fine and imprisonment in the discretion of the court.
Public warehouses defined. Section 74. Section 6 of said. chapter 19 of the laws of 1905 as amended by section 1 of chapter 317 of the laws of 1905 is hereby amended to read as follows: Section 6. All elevators and warehouses located in the city of Superior doing business for a compensation, and all elevators and warehouses located in said city in which the grain of different owners is stored in bulk or mixed together, or stored in such manner that the identity of different lots and parcels cannot be accurately preserved, and all elevators and warehouses located in said city which issue warehouse receipts for grain received or stored are hereby declared to be public warehouses.
Unreasonable charges; complaint; hearing; appeal; refusal to testify; depositions. Section 75. Section 18 of said chapter 19 is hereby amended by adding at the end thereof the following: "Provided that if any warehouseman or other person shall deem said charges or either of them unreasonable he may file with the grain and warehouse commission a complaint in writing, stating the reason or ground upon which said charges or either of them are unreasonable, whereupon the commission shall set a time and place for hearing said complaint, which time shall not be later than ten days after the filing of said complaint. Upon said hearing, if the commission shall be of the opinion that the said charges or either of them are unreasonable it may increase or diminish said charges or either of them, such increased or diminished charge to go into effect immediately and remain in effect until increased or diminished upon a like hearing or upon appeal. If the warehouseman or other person making said complaint shall feel aggrieved by the decision of the commission he may appeal therefrom to the circuit court of Douglas county in the same manner and with like effect as appeals are now taken from the disallowance of claims by the county board. The commission shall have the power to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of books and papers. In case of failure on the t part of any person or persons to comply with the order of the commission or any subpoena, or of the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the circuit court of Douglas
county or the judge thereof, on application of the commission, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court, or a refusal to testify therein. The commission or any warehouseman or other person making said complaint may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like deposition in civil actions in circuit courts.
"Special grade" grain. Section 76. Section 19 of said chapter 19 is hereby amended by adding thereto the following: "Nor shall any warehouseman be required to receive any more 'special grade' grain than he can store conveniently having reference to the capacity of his house and the amount of regular grades stored therein."
Salaries of members of commission. Section 77. Section 55 of said chapter 19 is hereby amended by striking out the proviso of said section, being all after the word "commissioners" in the ninth line as published in the session laws.
Section repealed. Section 78. Section 56 of said chapter 19 is hereby repealed.
Act to be liberally construed. Section 79. A liberal construction shall be given to all of the provisions of this act and of chapter 19 of the laws of 1905 to the end that an honest inspection, grading and weighing of grain between any and. all sellers and purchasers thereof in the market at Superior, and of all grain received, stored or delivered to or by any elevator in said city, and to prevent fraud therein.
Sections independent of each other. Section 80. In the passage of this act and of chapter 19, laws of 1905 it is hereby declared to be the intention of the legislature that each section thereof is enacted independent of every other section. thereof and not as compensation for or an inducement to the passage of any other section.
Conflicting laws repealed. SECTION 2. All acts and parts of acts conflicting with the provisions of this act and particularly chapter 317, laws of 1905, are hereby repealed.
SECTION 3. This act shall take effect and be in force from and after its passage and publication.
Approved December 19, 1905.
No. 6, S.]
[Published December 21, 1905.
AN ACT amendatory of section 8, section 11, section 12, and section 18 of chapter 362, laws of 1905, entitled, An act, to regulate railroads and other common carriers in this state, create a board of railroad commissioners, fix their salaries, define their duties, prevent the imposition of unreasonable rates, prevent unjust discriminations, insure an adequate railway service, prescribe the mode of procedure and the rules of evidence in relation thereto, prescribe penalties for violations, and making an appropriation therefor.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. Section 8 of chapter 362 of the laws of 1905, is hereby amended so as to read as follows: Reduced rates and free transportation. Section 8. Nothing herein shall prevent the carriage, storage, or handling of freight free or at reduced rates for the United States, the state, or any municipality thereof, or for charitable purposes, or to and from fairs and expositions for exhibition thereat, or household goods the property of railway employes, or commodities shipped by employes for their own exclusive use or consumption; or the issuance of mileage, commutation, or excursion passengers' tickets, provided the same shall be obtainable by any person applying therefor, without discrimination, or of party tickets, provided the same shall be obtainable by all persons applying therefor under like circumstances and conditions; or the sale of such tickets as were usually and customarily sold at reduced rates prior to June 15, 1905, provided the same are sold without discrimination to all persons applying therefor under like circumstances and conditions. This act shall not be construed as preventing railroads from giving free transportation or reduced rates therefor to any ninister of the gospel, officers or agents of incorporated colleges, inmates of soldiers' homes, regular agents of charitable societies when traveling upon the business of the society only, destitute and homeless persons, railroad officer, attorney, director, employe, or members of their families, or to former railroad employes or members of their families where such em
ployes have become disabled in the railway service, or are unable from physical disqualification to continue in the service, or to members of families of deceased railroad employes; or to prevent the exchange of passes with officers, attorneys or employes of other railroads and members of their families; provided that no person holding any public office or position under the laws of this state shall be given free transportation or reduced rates not open to the public. Upon any shipment of live stock or other property of such nature as to require the care of an attendant, the railroad may furnish to the shipper or some person or persons designated by him, free transportation for such attendant, including return passage to the point at which the shipment originated; provided, there shall be no discrimination in reference thereto between such shippers, and the commission shall have power to prescribe regulations in relation thereto. Except as provided in this section no free transportation for interstate traffic shall be given to any person by any railroad.
Interchange of traffic. SECTION 2. Section 11 of chapter 362 of the laws of 1905 is hereby amended so as to read as follows: Section 11. All railroads shall afford all reasonable and proper facilities for the interchange of traffic between their respective lines for forwarding and delivering passengers and property, and shall transfer, switch for a reasonable compensation, and deliver without unreasonable delay or discrimination any freight or cars, loaded or empty, destined to any point on its tracks or any connecting lines; provided, that precedence over other freight shall be given to live stock and perishable freight.
a. The commission shall have control over private tracks in so far as the same are used by common carriers, in connection with any railroad for the transportation of freight, in all respects the same as though such tracks were a part of the track of said railroad.
Complaints and investigations; grade crossings. SECTION 3. Subdivision b of section 12, chapter 362, of the laws of 1905 is hereby amended so as to read as follows: Subdivision b. Whenever the commission shall believe that any rate or charge may be unreasonable or unjustly discriminatory, or that any service is inadequate, and that an investigation relating thereto should be made, it may on its own motion investigate the same. If after making such investigation the