such a way as to prevent needless duplication of ground limestone plants, and shall assist any group of farmers interested in the establishment of a plant for the manufacture of agricultural lime at a point where, in the judgment of the committee, a plant is needed, in drawing up a set of by-laws suitable to the conduct of their business, in order that it may best serve the needs of the district. (b) It shall deal with any dispute which may arise over the prices charged for lime manufactured under the provisions of this Act, and shall endeavor, to the best of its ability, to secure an equitable distribution of lime manufactured as herein provided for. (c) It shall meet in conference with the officials of railroad companies, with a view to securing transportation facilities and rates, which shall make possible the distribution of lime at prices which farmers can afford to pay; and, in cases where farmers and farmers' organizations established under this Act, come into conflict with the railroads over the transportation conditions for agricultural lime, the committee shall present the facts before the Railroad Commission of Oregon. (d) It shall obtain from the School of Mines of the Oregon Agricultural College, and from other sources, all the information available, as to the deposits of limestone in the State; the amount of limestone in each deposit; the percentage of calcium carbonate contained therein, and the relation of each deposit to means of transportation. (e) It shall obtain from the School of Mines of the Oregon Agricultural College, and from other sources, specifications and cost estimates covering the construction and equipment of plants of various capacities for the manufacture of agricultural lime. (f) It shall prepare a model set of constitution and by-laws for associations desiring to establish plants for the manufacture of agricultural lime in accordance with the provisions of this Act. (g) The committee shall appoint a trustee or trustees who shall have custody of the funds arising under the provisions of this Act, requiring the accumulation of sinking funds. They shall require of such trustee or trustees surety bonds, or other satisfactory security, in amounts which shall cover the total amounts of sinking funds entrusted to their care at any time. The trustee or trustees shall invest the funds entrusted to their care in such ways as the committee may deem will best further the purposes of this Act. [Sec. 3, Chap. 336, G. L. 1915.] § 4. Information in Regard to Limestone-How Obtained. Any group of farmers desiring to avail themselves of the provisions of this Act, shall make application to the Secretary of the Standing Committee on Agricultural Lime, who shall inform them as to the nearest available deposits of limestone, the estimated value of the deposit, the probable cost of equipping a plant for the manufacture of agricultural lime, and the probable cost of manufacturing and transporting the limestone to where it is needed, and shall supply them with a copy of the constitution and by-laws prepared for the guidance of corporations and cooperative associations organized under this Act. [Sec. 4, Chap. 336, G. L. 1915.] § 5. Articles of Incorporation Must Be Approved by Agricultural Lime Committee. Every corporation and association to be established under this Act shall submit copies of its proposed Articles of Incorporation or Association, and its constitution and by-laws, to the Standing Committee on Agricultural Lime for approval. No corporation or association shall be legally organized under this Act until its Articles of Incorporation or Association accompanied by a certificate of approval from the Standing Committee on Agricultural Lime have been filed with the Corporation Commissioner. This certificate of approval shall bear the signature of the chairman and secretary of the committee. [Sec. 5, Chap. 336, G. L. 1915.] § 6. Providing Operating Expenses-Rates-Sinking Fund. Every corporation and association established under the provisions of this Act shall use every means in its power to forecast the requirements of its district for agricultural lime and shall set the prices of lime at rates which shall provide for all operating expenses, interest not to exceed eight per cent on the investment, and an assessment of not to exceed twentyfive cents per ton on all lime sold, to be placed in a sinking fund. At the end of the fiscal year of the corporation or association, any surplus which may have accumulated during the year shall also be added to the sinking fund herein provided for. [Sec. 6, Chap. 336, G. L. 1915.] Should there be a greater demand for agricultural lime than the plant of any corporation or association can supply, the board of directors shall fill orders in the order in which they are received; but, subject to the approval of the Standing Committee on Agricultural Lime, they shall adopt such regulations as to the quantity sold to each farmer as shall ensure a fair distribution of the output of the plant among the large and small landholders of the district. [Sec. 7, Chap. 336, G. L. 1915.] § 8. Prescribing Manner of Redeeming Stock or Certificates-Creating Public Service Corporation. As soon as the sinking fund has accumulated a sufficient sum the outstanding capital stock or membership certificates shall be called in and redeemed at par and cancelled. Thereafter the corporation or association shall be a public service corporation or association, and the management of the business shall be placed in the hands of a board of six trustees appointed by the Standing Committee on Agricultural Lime. Two of these trustees shall be appointed for a period of two years, two for a period of four years, and two for a period of six years. Thereafter there shall be appointed two trustees every two years to serve for a period of six years. The trustees shall have the same powers and duties in managing the business as had the board of directors they replace. The chairman of the Standing Committee on Agricultural Lime shall be ex-officio chairman of the Board of Trustees. [Sec. 8, Chap. 336, G. L. 1915.] § 9. Board of Trustees to Have Supervision Over Prices Charged for When the outstanding capital stock or membership certificates of any corporation or association, organized under the provisions of this Act, shall have been redeemed and cancelled, the prices charged for lime shall be sufficient to cover the cost of operation and such additional levy per ton for the sinking fund as the Board of Trustees, subject to the approval of the Standing Committee on Agricultural Lime, considers necessary to renew and extend the equipment, and to purchase, under the provisions of this Act, additional lands bearing deposits of limestone. [Sec. 9, Chap. 336, G. L. 1915.] § 10. Corporation to Furnish Statements. The fiscal year of every corporation and association established under the provisions of this Act shall begin November 1. On or before October 31 of each year every corporation and association established under the provisions of this Act shall, in addition to the report furnished the Secretary of State, make out a statement of its business, upon blanks to be furnished by the Secretary of the Standing Committee on Agricultural Lime, which shall contain a complete statement of the business of the year, including the amount which has accumulated toward the sinking fund, and the sources from which it has come. [Sec. 10, Chap. 336, G. L. 1915.] § 11. Treasurer to Pay Accumulated Funds to Trustees. Upon an order signed by the Chairman and Secretary of the Standing Committee on Agricultural Lime, the treasurer of the corporation or association shall pay over the funds accumulated during the year toward the sinking fund to the trustee or trustees appointed under this Act as custodians of the sinking funds herein provided for. [Sec. 11, Chap. 336, G. L. 1915.] § 12. Laws in Conflict With This Act Do Not Apply. Any provisions in Oregon law which are in conflict with the provisions of this Act shall not be construed as applying to corporations and associations established under the provisions of this Act. [Sec. 12, Chap. 336, G. L. 1915.] LOGGING ROADS, CHUTES, FLUMES, ETC. § 1. Three or More Persons May Incorporate Logging Road, Chutes, Flumes and Ways. Any three or more persons may incorporate a company, having for its principal object the construction, maintenance and operation of logging roads, chutes, flumes and artificial water-courses or water-ways and other ways, for the transportation of logs and other timber products. Such corporation shall have power to acquire, hold, use and transfer all such real and personal property as shall be reasonably necessary for carrying on the business of such corporation. [Sec. 1, Chap. 366, G. L. 1913.] § 2. Powers of Logging Roads, Chutes, Flumes and Ways. Such corporation shall have power to build, construct, maintain and operate logging roads whether skid roads, railroads or any other kind; also chutes, flumes and artificial water-courses, water-ways and other ways, for the transportation of logs or any other timber products within the State, together with all necessary yarding grounds, railways, and landings. [Sec. 2, Chap. 366, G. L. 1913.] § 3. Reasonable Carriage and Toll May Be Charged. After any such logging road, way, chute, flume or artificial water-course or other improvements shall have been constructed, such company shall transport all timber products offered to it for carriage as its means of transportation are adapted to carry, and such company shall have the right to charge reasonable tolls for the use thereof, which tolls shall be uniform, having due regard to the portion or length of any such logging road, way, chute, flume, or artificial water-course or other improvements used by any person. § 4. Logging Roads, Ways, Chutes and Flumes Are Common Carriers Such companies shall be deemed quasi public companies and common carriers, and any such company shall have the right of eminent domain and shall have the right to appropriate and condemn lands and property for its use. Such right of condemnation and of eminent domain shall be exercised in the same manner as is now, or may hereafter be, provided by law for the condemnation of property by ordinary railroad corporations exercising the right of eminent domain; provided, that the right of eminent domain shall not be exercised by any such corporation with respect to any residence; and provided further, that any property acquired by such corporation under the provisions of this Act by the exercise of the right of eminent domain shall be used exclusively for the purposes of this Act; and whenever the income from the operation of the logging road, or other way, of said corporation shall not equal, for any period of six (6) months, five per centum per annum on the capital stock of such corporation, such corporation shall have the right to abandon its said logging road or way and to discontinue the operation thereof, and upon filing in the office of the county clerk of the county, or several counties in which said logging road or way lies, a formal notice of such abandonment, the property of such corporation which may have been secured by condemnation hereunder shall revert to the original owner at the time of such condemnation, his heirs or assigns. Nothing in this Act shall be construed to authorize the taking or damaging of any power plant constructed or being constructed for the creation or utilization of water power. [Sec. 4, Chap. 366, G. L. 1913.] 1 |