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past year was 63,381,768, and for the previous year 50,306, 147, an increase for the year 1903 of 13,075,321. The total number of passengers carried one mile was 2,780,788,531, and for the . year 1902, 2,115,823,249, an increase for the year 1903 of 664,965,282. There were 109,720,250 tons of freight transported by these lines during the year 1903 as against 90,557,595 tons during the year 1902.

Accidents to Persons in South Dakota.

During the year ending June 30th, 1903, there were three employees killed in the operation of the railways within the state and eighty-four employees injured; there was one passenger killed and fifteen passengers injured, and fifteen other persons killed and five other persons injured.

In this report we have omitted the voluminous detailed reports of railway companies, but include tabulated statements showing the mileage, capital stock, funded debt, gross earnings, operating expenses, and other information relating to the operation of all railways doing business in this state, for the year ending June 30th, 1903. Attention is called to the detailed statement of complaints which have been considered by the Commission during the past year, to the report of the warehouse and scale inspector and of the legal counsel, who have at all times been ready and willing to respond to any demand made upon them.

Appropriations, Disbursements and Balances.

Following is a statement of the appropriations and expenditures, and of balances reverting to the treasury for the year ending June 30, 1903:

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Complaints

Of Cities, Towns, Associations and Individuals, and Orders of the Commission.

Following are the complaints considered and acted upon by the Commission during the past year, together with comments, correspondence and orders of the Board in relation thereto :

COMPLAINT NO. 156.

In the matter of the petition of Quisel Bros. & Co., for the construction of a side track or spur to flouring mill at Toronto, on the line of the Chicago, Rock Island & Pacific Ry. Co.

At the time the last report of this Commission was made, this case had been formally closed, it appearing to the Commission that a settlement satisfactory to all parties in interest had been reached. Subsequently the case was reopened upon receipt of the following communication from the complainants: TORONTO, South Dakota, July 26, 1902.

To the Hon. Board of Railroad Commissioners,

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We have for the last two and one-half years tried to get the Burlington, Cedar Rapids & Northern Railway Company to build a side track to our mill at Toronto, South Dakota. Have also tried to get some assistance through your honorable Board but up to the present time nothing has been done. We have proposed to the railroad company that we will do all the grading necessary to put in track from north end of their present side track, requiring about eight or nine hundred feet of track, also to pay all expense of laying said side track; that the railroad company only furnish all material, and survey side track and set grade stakes as they want it. We should think such a proposition ought to be entirely satisfactory to the railway company. I trust you can do something in the way of compelling the railway company to put in a side track to the mill, as your Board has been here

and looked the ground over. A year ago Mr. Kirkpatrick and myself measured the ground over which the track could be laid and we found it only required about eight or nine hundred feet. The railroad company made us a proposition two years ago to put in a side track if we would pay one-half of the expense, which they estimated would be $1,470 outside of the grading, which, of course, they expected us to do, for a track 1,400 feet long, which would be a "live" track. As we only need a stub to the mill we cannot afford to build a whole track for someone else to get the benefit of. Now we are willing to do what is reasonable in this matter and trust you gentlemen will use the power of the Board of Commissioners to compel the railroad people to do something in the way of side track to our mill.

Thanking you for the attention you have given this matter in the past, we await your action which we trust will be soon.

Respectfully yours,

QUISEL BROS. & Co.

On July 26 the receipt of the foregoing communication was acknowledged by the Secretary and the complainants were advised that the matter would immediately be taken up with the management of the C. R. I. & P. Railway Company. Complainants were also informed that the matter would be considered by the Board of Railroad Commissioners at a meeting to be held on July 31, but that probably no definite action would be taken by them until the railroad company was heard from. On the same date the following communication was addressed to the management of the defendant railway company:

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This office is in receipt of another communication from Quisel Bros. & Co., proprietors of the Toronto Roller Mills at Toronto, South Dakota, on the line of the B. C. R. & N. railway, asking this Commission to take some action immediately looking to the construction of a side track to their mill at Toronto. This matter has been before the Commission for some time and it was thought, until this letter was received, that a satisfactory adjustmens of the matter had been reached by the railroad company assuming a portion of the cost of cartage between the mill and the railroad tracks until such time as the business of the mill will warrant the building of the side track prayed for. But it seems that this is not the case. In the course of the letter referred to, dated July 26, the complainants say: "We have proposed to the railroad company that we will do all grading necessary to put in track, requiring about eight or nine hundred feet of track, also to pay all expense of laying said track; that the railroad company furnish only all material, survey side track and set grade stakes as they want them." The

complainants further say that the railroad company made them a proposition some two years ago to build 1400 feet of track if they (the complainants) would pay one-half of the expense and do the grading. This, they say, is 600 feet more track than they need and they cannot afford to accept these terms.

Please investigate and advise this office of your conclusions.

Very truly yours,

WM. H. STANLEY, Secretary.

General Manager Goodnow immediately advised this Commission that the matter would be investigated at once and on August 7th wrote the Commission as follows.

Mr. Wm. H. Stanley,

COLORADO SPRINGS, August 7th, 1902.

Secretary Board of Railroad Commissioners,

Dear Sir

Sioux Falls, South Dakota.

Replying to your favor of the 26th ult. Our general superintendent at Cedar Rapids, Robert Williams, advises that the matter referred to in your communication has received due consideration heretofore and on the recommendation of the Board a certain proposition in regard to cartage was made, and on further suggestion of one member of the Board a still further concession was made. None of these propositions, although both received the sanction of the Board, has been accepted by the Toronto Roller Mills company. We believe that the suggestions of the Board are all that are warranted and that the business of the Toronto Roller Mills company will not justify any further concession.

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The substance of Mr. Goodnow's letter was immediately communited to the complainants and they were advised that the Board would again meet on August 28th, at which time the matter would be laid before them for consideration. Under date of August 25th the complainants replied as follows:

W. H. Stanley,

TORONTO, South Dakota, August 25, 1902.

Secretary Board of Railroad Commissioners,

Dear Sir-

Sioux Falls, South Dakota.

Yours of recent date at hand, saying that the Board would meet on the 28th of this month. We will try and send a representative to meet with the Board on the date named and try and get some kind of action against the railway company. Should our Mr. Shadewald not reach your city in time to meet the Board we will say that if the railway company absolutely will not put in a side track this fall that we will accept $3.00 per car for all carload lots received and shipped which are loaded and unloaded by us, in

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