any railroad in whole or in part in this state; and the provisions of this chapter shall apply to all persons, firms and companies and to all associations of persons, whether incorporated or otherwise that shall do business as common carriers upon any line of railway in this state, street railways excepted, the same as to railroad corporations herein mentioned. Provided, that nothing in this act shall apply to the carriage, storage, or handling of property free or at reduced rates for the United States, for this state, for municipal governments therein, or for charitable purposes or to and from fairs and expositions held under the authority of county or state or municipality therein for exhibition thereat.

§ 5. POWERS OF RAILROAD COMMISSIONERS NOT ABRIDGed.] Nothing in this act contained shall be construed as limiting or abridging the powers now vested by law in the board of railroad commissioners of the state of North Dakota, except that the said board of commissioners shall not have power to promulgate any rule or establish any rate or rates in conflict with or in violation of the provisions of this act, and nothing in this act shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions thereof are in addition to such remedies.

§ 6. COMMISSION EMPOWERED TO MAKE A SCHEDULE OF REASONABLE MAXIMUM RATES FOR EACH RAILROAD.] The board of railroad commissioners of this state is hereby empowered and directed to make for each of the railroad corporations doing business in this state, as soon as practicable, a schedule of reasonable maximum rates of charges for the transportation of freight and cars on each of said railroads and said power to make schedules shall include the classification of such rates and it shall be the duty of said commission to make such classification and said schedules so made by said commission shall, in all suits brought against any such. railroad corporation wherein is in any way involved the charges of any such railroad corporation for the transportation of any freight or cars or unjust discrimination in relation thereto, be deemed and taken in all courts of this state as prima facie evidence that the rates therein fixed are reasonable and just maximum rates of charges.

$7. CLASSIFICATION OF RAILROADS AS TO GROSS EARNINGS.] The board of railroad commissioners shall have and are hereby given and vested with power and it shall be their duty to classify all railroads in this state according to the gross amount of their several annual earnings, within this state, per mile for the preceding year as follows:

"Class A shall include those whose annual earnings per mile shall be four thousand dollars ($4,000.00) or more."

"Class B shall include those whose gross annual earnings per mile shall be three thousand dollars ($3,000.00) or any sum in excess thereof less than four thousand dollars ($4,000.00)."

"Class C shall include those whose gross annual earnings per mile shall be less than three thousand dollars ($3,000.00) and shall have powe" and may fix a higher maximum charge by the railroad cor

porations included in Class C than those included in Class B and a higher maximum charge by the railroad corporations included in Class B, than those included in Class A."

§ 8. SHIPMENTS OF FREIGHT OVER TWO OR MORE LINES TO BE MADE UNDER REASONABLE RATES.] When shipments of freight to be transported between different points within the state are required by two or more railway companies operating connecting lines, such railway company shall transport the same at reasonable through rates not greater than the maximum rates allowed by law and shall at all times give the same facilities and accomodations to local or state traffic as they give to interstate traffic over their lines of road.

§ 9. Judgment for fines and costs shall be entered in the same manner as in civil cases, and shall be enforced in like manner.

§ 10. PENALTY FOR VIOLATION. ATTORNEY FEES.] Any person or corporation guilty of violating the provisions of this act shall upon conviction thereof be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) for the first offense and for each subsequent offense not less than five thousand dollars ($5,000.00) nor more than ten thousand dollars ($10,000.00) and shall pay in addition to said fine so imposed the costs of prosecution. In addition to the penalties and cost provided for in this chapter, the court shall allow in any action brought under the provisions of this chapter, a reasonable attorney's fee, to be assessed as part of the costs of said action, which attorney's fee, so assessed, shall go to the attorney general or state's attorney who conducted the prosecution, and shall be retained by such attorney general or state's attorney as additional compensation to that otherwise allowed by the laws of this state as such attorney general's or states attorney's salary.

§ 11. PROSECUTION MAY BE MADE BY THE ATTORNEY GENERAL AND BY STATES ATTORNEY IN ANY COUNTY WHERE VIOLATION OCCURRED.] Prosecution shall be made by the attorney general and states attorney in the county where violation occurred, under any provision of this act, in any county of the state through or into which the line of any railway so offending against the provisions of this act may extend, it shall be and hereby is made the duty of the attorney general of the state and also of the states attorney of any such county to appear therein and conduct the prosecution, the attorney general shall conduct the prosecution, and shall be assisted by the states attorney, if so requested by the attorney general. If in any case the attorney general refuses to prosecute, upon request to do so by the states attorney then the states attorney may proceed without the consent of the attorney general.

§ 12. REPEAL.] All acts or parts of acts in conflict herewith. are hereby repealed.

Approved February 27, 1917.

CHAPTER 189.

[S. B. No. 78-Mostad.]

SEMI-MONTHLY PAY.

An Act to Require all Railroad Corporations Doing Business Within This State to Pay Their Employees at Least Semi-Monthly, the Wages Earned by Them to Within Fifteen (15) Days of the Date of Such Payment, Unless Prevented in Inevitable Casualty, and Providing Penalty in Case of Default. Be it Enacted by the Legislative Assembly of the State of North Dakota:

$ 1. All railroad corporations doing business within this state are required to pay their employees at least semi-monthly, the wages earned by them within fifteen (15) days of the date of such payment, unless prevented by inevitable casualty. Provided, however, that whenever an employee shall be discharged, his wages shall be paid to him at the time of his discharge or whenever he shall demand the same thereafter.

§ 2. PENALTY FOR FAILURE TO MAKE PAYMENT.] Whenever any railroad corporation shall for seven days neglect or refuse to pay its employees as prescribed by Section 1 of this Act, the wages due them may be recovered by action without further demand, and there shall be allowed to the plaintiff and included in his judgment, in addition to his costs and disbursements allowed by law five dollars if the judgment be recovered in a justice court, and a like sum if the judgment be recovered in a municipal court where no statutory costs are now allowed in such municipal court in such action and double costs in all other courts on appeal.

§ 3. REPEAL.] All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. Approved March 8, 1917.

CHAPTER 190.

[H. B. No. 184-Prater.]

SHIPMENT OF CASES CONTAINING BOTTLES.

An Act to Regulate the Shipment of Cases Containing Bottles, and Providing that Certain Additional Facts be Contained in the Bill of Lading and Freight Receipt Therefor.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. That whenever unsealed cases containing bottles are received by common carriers to be transported from one place to another, such cases shall be marked with a label or tag, on which shall be distinctly written or printed, the name of the consignor and consignee.

§ 2. That the bill of lading and freight receipt issued for such shipment, in addition to the other matter required by law to be

stated, specify the number of bottles in such cases, and whether such bottles are full or empty.

Approved March 12, 1917.

CHAPTER 191.

[H. B. No. 351-Blanchard.]

SIDE TRACKS ADJACENT TO COAL MINES.

An Act to Amend and Re-enact Section 4767 of the Compiled Laws of North Dakota for the year 1913, Relating to Side Tracks Adjacent to Coal Mines, and Providing for the Extension Thereof.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1.] That Section 4767 of the Compiled Laws of North Dakota for the year 1913, be and the same is hereby, amended and re-enacted to read as follows:

§ 4767. SIDE TRACKS ADJACENT TO COAL MINES.] Whenever any person, owning or operating any coal mine within the State, from which not less than fifty cars of coal have been shipped from any one station over any portion of any railroad within the limits of the State shall petition any such railroad company to build a side track or spur at least three hundred feet in length adjacent to such mine, or for an extension of such side track or spur which is now in use, it shall then be the duty of such railroad company to build, equip and operate such side track or spur; provided, that such spur is not nearer than two miles from any station already in operation; provided, further, that any preson opening a coal mine within two miles of any station may petition for a side track or spur, or for an extension of such side track or spur which is now in use, and by executing an indemnity bond in favor of such railroad company in the sum of two thousand dollars, conditioned on the agreement that such person will ship within one year after the conpletion of such spur or side track not less than one hundred car loads of coal and when such bond is duly executed with two sureties, approved by the county judge of the county wherein such side track is situated, such railroad company shall within sixty days build, equip, and operate such side track or spur as provided for in this section. And the commissioners of railroads shall have power to locate such side track or spur, or extension of such side track or spur which is now in use, and order it properly provided with platforms and other conveniences for loading coal and other commodities thereat. Approved March 10, 1917.

CHAPTER 192.

[H. B. No. 195-Stinger.]

UNFAIR DISCRIMINATION BY RAILROAD COMPANIES.

An Act to Prevent Unfair Discrimination by Railroad Companies in the Furnishing of Cars to the Different Elevator Companies, at any Railroad Station in North Dakota and Prescribing Penalties.

Be it Enacted by the Legislative Assembly of the State of North Dakota:

1. DUTIES OF RAILROAD COMPANIES. HOW PERFORMED.] Whenever one or more elevator companies, having an elevator located at a railroad station in North Dakota, shall order, or ask, of such railroad company on whose line the elevator is located, any car or cars, into which to load and ship grain, over such company's road, such railroad company shall furnish and distribute cars to the several elevator companies, applying for cars proportionately on the basis of daily receipts, in the following manner: The elevator company receiving the greatest number of bushels daily, shall receive the first available car, the elevator company receiving the second largest number of bushels daily, the next available car and so on proportionately, provided, however, that if any elevator company shall receive more than twice the number of bushels daily than any other elevator company receives at such station, then the elevator company receiving the highest number of bushels shall be allotted two times as many cars as are allotted to such other elevator company and if any elevator company shall receive three times as many bushels than any other elevator company receives at such station then such elevator company shall be allotted three times as many cars as such other elevator company and in the distribution of cars to such elevator companies for the shipment of grain the railroad company shall apportion such cars in the manner herein stated according to the daily receipts of grain of each such elevator company.

§ 2. Any elevator company, or agent of any elevator company that orders, or asks, a railroad company to furnish cars in which to ship grain shall if requested by the railroad company or the agent of the railroad company make a written statement showing the number of bushels the elevator company has received daily for the preceding ten days before such request is made and such elevator company or agent shall properly sign and file such request. with the railroad company in their local office at the station where such car or cars are required or at the place where such orders are usually received by the railroad company or agent thereof. Any elevator company or agent thereof, or other parties that makes a false report so as to obtain more cars than such elevator company is entitled to under the provisions of this Act shall upon conviction thereof, be fined ten dollars for the first offense and for each other such offense twenty-five dollars and costs. Any railroad company