required, as in the judgment of said board of commissioners shall be deemed just and reasonable. Such reports shall be in such form and concerning such subjects and be from such sources as the commissioners shall require, except as otherwise provided herein. The time when such report shall be filed shall be fixed by the board of railroad commissioners. Any corporation, company or individual owning or operating a railroad within this state which shall fail, neglect or refuse to make any of the reports provided for herein by the date fixed herein, or that fixed by the board of railroad commissioners, shall be subject to and pay a penalty in the sum of $100 for each and every day of delay in making such reports after the date fixed.

28. UNJUST DISCRIMINATION.] If any such railroad corporation shall charge, collect or receive for the transportation of any passenger or freight of any description upon its railroad for any distance within the state, a greater amount of toll or compensation than is at the same time charged, collected or received for the transportation in the same direction of any passenger or like quantity of freight of the same class over a greater distance of the same railroad; or if it shall charge, collect or receive at any point upon its railroad a higher rate of toil or compensation for receiving, handling or delivering freight of the same class and quantity than it shall at the same time charge, collect or receive for the transportation of any passenger or freight of any description over its railroad, a greater amount as toll or compensation than shall at the same time be charged, collected or received by it for the transportation of any passenger or like quantity of freight of the same class being transported in the same direction over any portion of the same railroad of equal distance; or if it shall charge, collect or receive from any person or persons a higher or greater amount of toll or compensation than it shall at the same time charge, collect or receive from any other person or persons for receiving, handling or delivering freight of the same class and like quantity, at the same point upon its railroad, or if it shall charge, collect or receive from any person or persons for the transportation of any freight upon its railroad, a higher or greater rate of toll or compensation than it shall, at the same time, charge, collect or receive from any other person or persons for the transportation of the like quantity of freight of the same class, being transported from the same point in the same direction over equal distances of the same railroad, or if it shall charge, collect or receive from any person or persons for the use and transportation of any railroad car or cars upon its railroad, for any distance, a greater amount of toll or compensation than is at the same time charged, collected or received from any other person or persons, for the use and transportation of any railroad car of the same class or number, for a like purpose, being transported in the same direction, over a greater distance of the same railroad; or if it shall charge, col

lect or receive from any person or persons, for the use and transportation of any railroad car or cars upon its railroad, a higher or greater compensation in the aggregate, than it shall, at the same time charge, collect or receive from any other person or persons for the use and transportation of any railroad car or cars for the same class for a like purpose, being transported from the same original point, in the same direction, over an equal distance of the same railroad; all such discriminating rates, charges, collections or receipts whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken against such railroad corporation, as prima facie evidence of the unjust discriminations prohibited by the provisions of this act; and it shall not be deemed a sufficient excuse or justification of such discrimination on the part of said railroad corporation that the railroad station or point at which it shall charge, collect or receive less compensation in the aggregate for the transportation of such passenger or freight or for the use and transportation of such railroad car the greater distance, than for the shorter distance, is a railroad station or point at which there exists competition with any other railroad or means of transportation. This section shall not be construed so as to exclude other evidence tending to show any unjust discrimination in freight and passenger rates. The provisions of this section shall extend and apply to any railroad, the branches thereof, and any road or roads which any railroad corporation has the right, license or permission to use, operate or control wholly or in part within this state; Provided, however, that nothing herein contained shall be so construed as to prevent railroad corporations from issuing commutation, excursion or thousand mile tickets; Provided, the same are issued alike to all applying therefor.

§ 29. MAY GRANT CONCESSIONS OR SPECIAL RULES-WHEN.] It shall be unlawful for any such common carrier to charge, collect, demand or receive more for transporting a car of freight than it at the same time charges, collects, demands or receives per car for several cars of a like class of freight over the same railroad, for the same distance, in the same direction, or to charge, collect, demand or receive more for transporting a ton of freight than it charges, collects, demands or receives per ton for several tons of freight under a car load of a like class of freight over the same railroad for the same distance, in the same direction, or to charge, collect, demand or receive more for transporting a hundred pounds of freight than it charges, collects, demands or receives per hundred for several hundred pounds of freight, under a ton, of a like class of freight over the same railroad, for the same distance, in the same direction; all such discriminating rates, charges, collections or receipts, whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken against such railroad company as prima facie evidence of

the unjust discrimination prohibited by this act; Provided, however, that for the protection and development of any new industry within this state, such railroad company may grant concessions or special rates for any agreed number of carloads, but such special rates aforesaid shall first be approved by the board of railroad commissioners, and a copy thereof filed in the office thereof.

§ 30. FINE FOR EXTORTION AND UNJUST DISCRIMINATION.] Any such railroad company guilty of extortion or making unjust discrimination as to passenger or freight rates for the use and transportation of railroad cars, or in receiving, handling or delivering freights, shall upon conviction thereof be fined in any sum not less than $1,000 nor more than $5,000 for the first offense, and for every subsequent offense not less than $5,000 nor more than $10,000, such fine to be imposed in a criminal prosecution by indictment, or shall be subject to the liability prescribed in the next succeeding section to be recovered as therein provided.

$ 31. PENALTY FOR FIRST AND SUBSEQUENT OFFENSES.] Any such railroad corporation guilty of extortion or of making any unjust discrimination as to passenger or freight rates or the rates for the use and transportation of railroad cars, or in receiving, handling or delivering freights, shall forfeit and pay to the state of South Dakota not less than $1,000 nor more than $5,000 for the first offense and not less than $5,000 nor more than $10,000 for every subsequent offense to be recovered in an action by proceedings instituted in the name of the State of South Dakota. And the release from liability or penalty provided for in Section 18 of this act, shall not apply to either a criminal prosecution under the last preceding section or a civil action brought under this section.

$32. SUITS TO BE BROUGHT—WHEN.] Whenever said railroad commissioners have good reason to believe that any railroad corporation or common carrier subject to the provisions of this act has been guilty of extortion or unjust discrimination and thereby become liable to the penalties prescribed in Sections 30 and 31 hereof, it shall be their duty to immediately cause suits to be commenced and prosecuted against any such railroad corporation or common carrier. Such suits and prosecutions may be instituted in any county of this state through or into which the line of the railroad corporation sued for violation of this act may extend. No such suits commenced by said commissioners shall be dismissed unless the said commissioners shall consent thereto, and the court may in its discretion give preference to such suits over all other business except criminal cases.

§ 33. NOT APPLICABLE IN CERTAIN CASES.] Nothing in this act shall apply to the carriage, storage or handling of property free or at reduced rates for the United States or this state or municipal governments for charitable purposes, or to and from fairs and expositions for exhibition thereat, or for the employes of such common carriers or their families, or private property or goods for

the family use of the employes of such common carriers, or the is suance of mileage, excursion or commutation passenger tickets. Nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to prevent railroads from giving free carriage to their own officers and employes and their families dependent upon said officer or employe for support, and to persons in charge of live stock being shipped from the point of shipment to destination and return, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employes; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies; Provided, that no pending litigation shall in any way be effected by this act.

§ 34. FREE TRANSPORTATION FOR CERTAIN PERSONS.] The railroad commissioners and their secretary shall have the right of free transportation in the performance of their duties concerning railroads, on all railroads and railroad trains in this state, and they may take with them experts or other agents whose services they may require and who shall in like manner be transported free of charge.

$ 35. CHARGES MAY BE LESS FOR JOINT SHIPMENT.] This act shall not be construed to prohibit the making of rates of two or more railroad companies for the transportation of property over two or more of their respective lines of railroad within this state. and a less charge by each of said railroad companies for its portion of such joint shipment than it charges for a shipment for the same distance wholly over its own lines within the state, shall not be considered a violation of this act, and shall not render such railroad company liable to any of the penalties of this act, but the provisions of this section shall not be construed to permit railroad companies establishing joint rates, to make by such joint rates any unjust discrimination between the different shipping points or stations upon their respective lines between which joint rates are established, and any such unjust discrimination shall be punished in the manner and by the penalties provided by this act.

$ 36. JOINT THROUGH RATES.] All railroad companies doing business in this state shall upon the demand of any person or persons interested, establish reasonable joint through rates for the transportation of freight between points upon their respective lines within this state, and shall receive and transport freight and cars over such route or routes as the shipper shall direct. Carload lots shall be transferred without unloading from the cars in which shipments were first made, unless such unloading in other cars shall be done without charge therefor to the shipper or receiver of such carload lots, and such transfer be made without unreasonable delay, and less than carload lots shall be transferred into the con

necting railroads' cars at cost, which shall be included in and made a part of the joint rate adopted by such railroad companies or established as provided by this act. When shipments of freight to be transported between different points within this state are required to be carried by two or more railroad companies operating connecting lines, such railroad companies shall transport the same at reasonable through rates and shall at all times give the same facilities and accommodations to local or state traffic as they give to interstate traffic over their lines of road.

§ 37. DUTY OF COMMISSIONERS IN CASE OF FAILURE TO MAKE JOINT THROUGH RATES.] In the event that said railroad companies shall fail to establish through joint rates or fail to establish and charge reasonable rates for such through shipments, it shall be the duty of the board of railroad commissioners, and they are hereby directed upon the application of any person or persons interested, to establish reasonable joint rates for the shipment of freight and cars over two or more connecting lines of railroad in this state, and in the making of such rates and in changing or revising the same, they shall be governed as near as may be, by all the provisions of this act and shall take into consideration the average of rates charged by said railroad companies for shipments within this state, for like distances over their respective lines, and rates charged by the railroad companies operating such connecting lines for joint interstate shipment for like distances. The rates established by the board of railroad commissioners shall go into effect within ten days after the same are promulgated by said board; and from and after that time the schedule of rates shall be prima facie evidence in all of the courts of this state that the joint rates therein fixed are reasonable and just maximum rates for the transportation of freight and cars upon the railroads for which such schedules have been fixed.

§ 38. COMMISSIONERS TO NOTIFY COMPANIES.] Before the promulgation of such rates as provided in Section 37 of this act, the board of railroad commissioners shall notify the railroad companies interested in the schedule of joint rates fixed by them, and they shall give said railroad companies a reasonable time thereafter to agree upon a division of the charges provided for in such schedule, and in the event of the failures of said railroad companies to agree upon a division and to notify the board of such agreement, the board of railroad commissioners shall after a hearing of the companies interested, decide the same, taking into consideration the value of terminal facilities and all the circumstances of the haul, and the division so determined by the board shall, in all controversies or suits between railroad companies interested, be prima facie evidence of a just and reasonable division of such charges.

$39. PLATFORM TO BE ESTABLISHED STATION HOUSE-HOW KEPT—SHALL UNITE AND CONNECT TRACKS.] All railroad corporą