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suant to this act, said board of transportation shall have the power to issue subpoenas for the attendance of witness as may administer oaths. In case any person shall willfully fail or refuse to obey said subpoena, it shall be the duty of the county court of any county, upon application of said board of transportation, to issue an attachment for such witness, and compel such witness to attend before the said board of transportation, and give his testimony upon such matters as shall be lawfully required by the said board of transportation, and the said court shall have power to punish for contempt. as in other cases of refusal to obey the process and order of such court.

SEC. 66. Penalty against witness.-Any person Same. who shall willfully neglect or refuse to obey the process of subpoena issued by said board of transportation and appear and testify as therein required shall be guilty of a misdemeanor, and shall be liable to an indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense by a fine of not less than twenty-five ($25) dollars nor more than five hundred ($500) dollars, or by imprisonment of not more than thirty days, or both, in the discretion of the court before which such conviction shall be had.

warehousemen neglecting to

and hindering

portation in

SEC. 76. Penalty against public warehousemen, Railroads and ete. Every railroad corporation and every owner, make reports lessee, manager, or employe of any public ware- board of transhouse who shall willfully neglect to make and fur-discharge of nish any report required in this act at the time herein required, or who shall willfully and unlawfully hinder, delay, or obstruct said board of trans

its duties.

Attorney general and

county attor

cute suits.

portation in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred ($100) dollars nor more than five hundred ($500) dollars for each offense, to be recovered in an action of debt in the name and for the use of the people of the state of Nebraska.

SEC. 8b. Attorney general and county attorney ney to prose to prosecute suits.-It shall be the duty of the attorney general and the county attorney in every district and county, on the request of said board of transportation, to institute and prosecute any and all suits and proceedings which they or either of them shall be directed by said board of transportation to institute and prosecute for a violation of this act or any law of this state concerning public warehouses, or the officers, employes, owners, operators, or agents of any such public warehouses.

Prosecutions in name of people; moneys paid into state

missal of suits.

SEC. 96. In name of people.-All such prosecutions shall be in the name of the people of the state treasury; dis of Nebraska, and all moneys arising therefrom shall be paid into the state treasury by the sheriff or other officer collecting the same. No suits commenced by said board of transportation shall be dismissed except said board shall consent thereto.

Rights of individuals saved.

Establishment of grades.

SEC. 106. Rights of individuals saved.-This act shall not be so construed as to waive or affect the right of any person injured by the violation of any law in regard to public warehouses from prosecuting for his private damages in any manner allowed by law.

SEC. 116. Board of transportation to estimate grades. Within thirty days after this act becomes a law the said board of transportation shall estab

lish a proper number and standard of grades for the inspection of grain, and may alter or change the same from time to time; Provided, No modification or change of grades shall be made, or any new ones established, without public notice being given of such contemplated change, for at least thirty days prior thereto, by publication in one or more daily newspapers printed in each city containing warehouses of Class A; And provided further, That no mixture of old and new grades, even though designated by the same names or distinction, shall be permitted while in store.

SEC. 126. Committee of appeals.-Within twenty days after this act takes effect the said board of transportation shall appoint three discreet and competent persons to act as a committee of appeals in every city wherein is located a public warehouse of Class A, who shall hold their office for one year and until their successors are appointed. And every year thereafter a like committee shall be appointed by the said board of transportation, who shall hold their office for one year and until their successors are appointed; Provided, Said board of transportation shall have, in their discretion, to remove from office any member of said committee at any time, and fill vacancies thus created by the appointment of other discreet persons.

Committee of



SEC. 136. Appeals-Notices.—In all matters Appeals from involving doubt of the part of the chief inspector or any assistant inspector as to the proper inspection of any lot of grain, or in case any owner, consignee, or shipper of grain, or any warehouse manager shall be dissatisfied with the decision of the chief inspector or any assistant inspector, an appeal,

Oaths, bonds, and salaries of members of committee.

may be made to said committee of appeal and the decision of a majority of said committee shall be final. Said board of transportation are authorized to make all necessary rules governing the manner of appeals as herein provided. And all complaints in regard to the inspection of grain, and all notices requiring the service of the committee on appeal may be served on said committee or may be filed with the warehouse registrar of said city, who shall immediately notify said committee of the fact and who shall furnish said committee with such clerical assistants as may be necessary for the proper discharge of their duties. It shall be the duty of said committee on receiving such notice to immediately act on and render a decision in each case.

SEC. 146. Committee on appeals—Oath—Bond -Who may serve on.-The said committee of appeals shall, before entering upon the duties of their office, take an oath as in the case of other inspectors of grain, and shall execute a bond in the penal sum of five thousand ($5,000) dollars with like conditions as is provided in the case other inspectors of grain, which said bond shall be subject to the approval of the said board of transportation. It is further provided that the salaries of said committee on appeals shall be fixed by the said board of transportation and be paid from the inspection fund, or by the party taking the appeal, under such rules as the board of transportation shall preExpenses, how scribe, and all necessary expenses incurred in carrying out the provisions of this act, except as herein otherwise provided, shall be paid out of the fund collected for the inspection service upon the order of the said board of transportation on the


serve on com

state treasurer; Provided, That no person shall be Who may not appointed to serve on the committee of appeals mittee. who is a purchaser of or receiver of grain or other articles to be passed upon by said committee.


SEC. 156. Registered for collection-Inspection Registered for fees. No grain shall be delivered from store from any public warehouse of Class A for which or representing which warehouse receipts shall have been issued, except upon the return of such receipts stamped or otherwise plainly marked by the warehouse registrar with the words "Registered for collection," and the date thereof, and said board of transportation shall have power to fix the rates of Charges for charges for the inspection of grain both into and out of the public warehouse, which charges shall be a lien upon all grain so inspected, as may be collected of the owners, receivers, or shippers of such grain, in such manner as the said board of transportation may prescribe.


payments from inspection

SEC. 166. Deposit of inspection fund.-All Deposit of and money collected for the inspection fund shall be und fuud. deposited with the state treasurer, who shall be liable under his official bond for the proper care of same, and no payment shall be made therefrom except by order of the said board of transportation as they may prescribe.

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