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17. Number of wood bridges, and aggregate length.
21. Number of wood trestles, and aggregate length.
22. The greatest age of wood trestles.
23. Number and kind of tunnels, and aggregate length.
24. Length of fence required to inclose road, both sides, and reasons why not completed.
25. Number of engines.
26. Number of express and baggage cars.
27. Number of passenger cars.
28. Number of freight cars.
Number of other cars.
30. The highest rate of speed allowed by express passenger trains.
31. The highest rate of speed allowed by mail and accommodation trains.
32. The highest rate of speed allowed by freight trains.
33. The rate of fare for passengers charged for the respective classes per mile.
34. The highest rate per ton per mile charged for the transportation of the various classes of freight, through and local.
Doings of the Year.
35. Length of new rail laid.
36. Length of re-rolled rail laid.
37. Number and kind of bridges built, and length.
38. Number of miles run by passenger trains.
39. Number of miles run by freight trains.
40. Number and kind of farm animals killed, and amount of damages paid therefor.
41. Number of passengers (all classes) carried.
42. Number of passengers carried one mile.
43. Number of tons of local freight carried.
44. Number of tons of through freight carried.
45. Total movement of freight, or number of tons carried one mile.
Earnings for the Year.
46. From transportation of passengers.
Total earnings for the year.
Expenditures for the Year.
50. For construction and new equipment.
51. For maintenance of way and structures.
52. For maintaining and operating motive power and cars.
53. For transportation expenses, including those of stations and trains.
54. For interest on bonds and other indebtedness.
55. For dividends, stating rate per cent.
56. All other expenditures for management of road, and for other purposes. Total expenditures during the year.
57. All casualties resulting in injuries to persons, giving the extent and causes of each, and such other and further information as may be required by the commissioner;
but if any company is unable to furnish such required information, the reasons of such inability shall be given. [65 v. 183, 29; S. & S. 78.]
SEC. 251a. [Requiring railroad companies to pay a fee of one dollar per mile to commissioner; penalty for neglect.] At the time of filing the report required by section two hundred and fifty-one, every corporation or company operating a railroad, or any part of a railroad, within this state, shall pay to the commissioner a fee of one dollar per mile for each mile of track, whether main, branch, double or side track, operated by them within this state. Any corporation or company failing to pay such fee, at the time prescribed, shall forfeit and pay a sum of not less than one thousand nor more than five thousand dollars. All fees received by the commissioner under this section shall be paid by him into the state treasury, upon an order from the auditor of state. [1889, April 15: 86 v. 351.]
SEC. 252. [The commissioner shall furnish to railroad and telegraph companies blanks for reports.] The commissioner shall prepare and furnish to each railroad company, or to each organization having one or more railroads in charge, and to each telegraph company or chief manager thereof in the state, or having lines in the state, blank forms for making the reports required by this chapter, which blanks may be so prepared by the commissioner as to obtain the information required by the foregoing inquiries more in detail, or omit such of a historical or permanent character as may have been given in previous reports. [65 v. 183, 29; S. & S. 80.]
SEC. 253. [Penalty against officer of railroad for failure to report.] A president or other officer in charge of a railroad, whether doing business or in course of construction, who refuses or neglects to make and furnish the report at the time prescribed in section two hundred and fifty-one, or any report required by the commissioner, shall forfeit and pay a sum not exceeding one thousand dollars; and he shall be subject to a like penalty for every period of thirty days thereafter he so refuses or neglects to furnish the same. [70 v. 158, 1⁄2 10; S. & S. 78. ]
SEC. 254. [Annual report by telegraph company: when to be made and what to contain.] The president or chief officer of every telegraph line or company, whether the line is doing business or is in process of construction, shall make a report of the business of such line or company to the commissioner, in such form as he directs, on or before the first day of September, in each year, for the year ending on the preceding first day of June, which report must be verified by the oath of such president or officer in charge; and for neglect or refusal to make and furnish such report at the time herein named, the company owning such line shall forfeit and pay any sum not exceeding five hundred dollars; and the company is subject to a like penalty for every period of thirty days thereafter such president or chief officer so refuses or neglects to furnish the same. [70 v. 158, 11.]
SEC. 255. [Defective or erroneous reports shall be amended in fifteen days; returns must conform to forms prescribed; reason must be given for any failure in this respect.] When the returns of any corporation required to report to the ccmmissioner of railroads and telegraphs are incomplete, defective, or probably erroneous, the commissioner shall notify such corporation thereof, and it shall thereupon amend the return in the matter or matters named, and make return of such amendment within fifteen days; and all returns shall be in strict accordance with the forms prescribed by the commissioner; but if any corporation finds it impracticable to return all the items in detail, as required, it shall state the reason why such details can not be given; but the fact that it does not keep its accounts in such manner as to enable it to make such returns shall not be considered or taken as a valid excuse; and if the form for the returns and report furnished by the commissioner makes necessary any change or alteration in the ordinary method or form of keeping the accounts of such corporation, he shall give to such corporation at least thirty days' notice thereof prior to the commencement of the year for which the changes and additions are necessary in order to make the full returns required. [70 v. 276, 1.]
SEC. 256. [Companies operating railroads shall furnish copies of leases and contracts with other companies doing business thereon.] Every corporation or company operating a railroad, or any part of a railroad, within this state, shall, on demand of the commissioner, furnish him with copies of all leases, contracts and agreements with express, sleeping car, freight, or rolling stock companies, or other companies doing business upon or in connection with such road; and the commissioner shall have power, personally or by agent, to examine any officer, agent, or employe of any railroad company, or of any of said other companies, under oath, relative to the stock which any officer, agent, or employe of the railroad company has in any of said other companies so doing business upon or in connection with such road, and his pecuniary interest direct or indirect, in any of said other companies. [70 v. 276, ?? 2, 3.]
SEC. 257. [Fatal accidents shall be notified to commissioner by telegraph, and he may examine into the cause of the same.] The superintendent of every corporation operating a railroad, or any part of a railroad, in this state, shall promptly notify by telegraph the commissioner of all accidents happening on such railroad, or part of a railroad, in this state, resulting in loss of life to any person or persons; and the commissioner may, personally or by agent, examine into the cause and character of such accidents. [70 v. 276, ? 2.]
SEC. 258. [Commissioner has power to subpoena witnesses, etc.] The commissioner, in the discharge of his duties, has power to subpoena witnesses, administer oaths, compel the production of books and papers, and punish for contempt in the same manner and to the same extent as justices of the peace. [64 v. 111, 2 5; 70 v. 276, 23; S. & S. 76.]
SEC. 259. [Penalty for officer, agent, or employe of railroad to refuse to answer question.] An officer, agent, or employe of any railroad company who refuses to answer any question propounded to him by the commissioner in the course of any examination authorized by this chapter, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars; and the property of the railroad company of which he is an officer, agent or employe, is liable to be taken in execution to satisfy the fines and costs in such cases. [70 v. 276, 2 3.]
SEC. 260. [Statement required to be made by railroad companies.] The secretary of each railroad company, and of each telegraph company, now doing business, or whose line is in process of construction, or which may be hereafter organized in the state, shall, within thirty days after the election of the directors of such company, make out and forward to the commissioner of railroads and telegraphs a list of the officers and directors of their respective companies, giving the place of residence and post-office address of each; and thereafter, if any change occurs in the organization of the officers or board of directors of the company, shall notify the commissioner of railroads and telegraphs of the fact of such change, and the residence and post-office address of each of the officers and directors. [70 v. 155, 1.]
SEC. 261. [Penalty for failure to comply.] For a failure to comply with the provisions of the preceding section, any company so neglecting for thirty days after the time herein provided, shall be subject to the same penalties as attach for neglecting or refusing to make the required annual report to the commissioner of railroads and telegraphs. [70 v. 155, 22.]
SEC. 262. [Prosecutions for fines only to be by civil action, and for fine and imprisonment by indictment.] All prosecutions against railroad or telegraph com panies, or any officer, agent, or employe thereof, for forfeitures, penalties, or fines, without imprisonment, provided for in this chapter, shall be by civil action in the name of the state; and all prosecutions for penalties involving imprisonment shall be by indictment. [64 v. 111, 1⁄2 7; 70 v. 276, § 3; S. & S. 77.]
SEC. 263. [Prosecution by civil action: by whom brought.] The civil action provided for in the next preceding section shall be brought by the prosecuting attorney of the proper county, at the instance of the commissioner; and may be brought by him
at the instance of any citizen who will become liable for the costs, and if so brought, and the action fails, the costs thereof shall be adjudged against such citizen. [64 v. 111, 28; S. & S. 77.]
SEC. 264. [Annual report to be made by the commissioner, and what to contain.] The commissioner shall make to the governor, on or before the first day of January of each year, a report of the affairs and condition of all the railroad and telegraph companies having lines in this state, and also of accidents on railroads resulting in injuries to persons, and the circumstances and cause thereof; and he shall include in his report such other information and such suggestions and recommendations as, in his opinion, are of importance to the state. [74 v. 33, 2 12; S. & S. 80.]
SEC. 265. [Moneys collected shall be paid into the state treasury; fees of prosecuting attorneys.] All moneys arising from suits in the name of the state, or prosecutions against railroad companies or against any of their officers or employes, for violation of any of the provisions of law relating to railroads, shall be paid into the state treasury; but prosecuting attorneys shall, for any moneys collected therein by them, be allowed ten per centum thereof for their services. [64 v. 111, 7; S. & S. 77.]
3280. May construct branch roads.
3281. May enter upon and appropriate land for certain purposes
3282. What lands a company may acquire. 3283. How right to occupy road, street, alley, etc., may be acquired.
8284. May divert road or stream when necessary. 3285. May construct its bridges as toll bridges; tolls thereon.
3286. May issue bonds for certain purposes, and secure same by mortgage.
3287. May borrow money, and secure the same by pledge of its property.
3288. How mortgage or pledge may be made. 3289. Where such mortgage to be recorded. 3290. How directors to dispose of securities. 3291. Directors may open transfer books in other states.
3292. When directors may elect a vice-president. 3293. When directors may elect a treasurer. 3294. Number of directors may be increased or diminished.
8295. Directors may be classified at stockholders' meeting.
3296. May be classified at annual elections. 3297. Further application of two preceding seetions.
3298. Subscriptions payable on completion of the road authorized. 3299. Certain property of certain companies exempt from execution. 3300. When a railroad company may aid, lease, or purchase another; effect of such purchase. 3301. Two-thirds of the stockholders of each company must assent to lease or purchase of railrond.
3302. How a dissenting stockholder may sell his stock.
3303. When the court may appoint arbitrators. 3304. Notice of application therefor; how given. 3305. Lease of railroad; security required; void if rental not paid; lessor and lesser jointly liable. 3306. How an extension of a line authorized. 3307. For what purposes capital stock may be increased.
3308. Proceedings to increase stock.
3309. "Common or "preferred" stock may be issued: sale thereof.
3309a. Railroad companies may borrow money and issue securities in lieu of preferred stock; how proceeds to be applied.
3310. Factsto be certified to the secretary of state.
3311. Railroad companies must establish a principal office. 3312. [Repealed.]
3313. Securities sold to directors under par, void. 3314. When directors are personally liable to stockholders.
3315. Certain persons ineligible to office or ap pointment.
3316. Acts of such persons void, and penalties. 3317. How authority obtained to bridge canals and navigable waters.
3318. Certain bridges established. 3319.
Attorney-general to enforce section three thousand three hundred and seventeen. 3320. Passenger trains must stop at certain stations. 3321. Land covered by right of way not to be taxed to owner.
When release of right of way papers to be recorded.
Must erect sign-boards at road crossings. Railroad companies must construct and maintrin fences, crossings and cattle-guards. When landowner may construct fence at company's expense.
3326. Company to keep fence in repair. 3327. When private crossings must be built. 3328. When landowner may build at company's expense.
3329. When five preceding sections do not apply. 3330. When company may build fence at landowner's expense.
Penalties for not construeting and repairing fences, etc.
Right of landowner to use culvert, etc., for cattle-way.
Railroad crossings; how to be made; crossing of trains; how to be regulated; when trains may cross without slopping,
Rules to be made and published. Penalties for violations of section three thousand three hundred and thirty-three. Signals at railroad crossings,
Penalties for violations of preceding section.
3938. Whole track to be of uniform gauge. 3339. When tracks must be used in common. 3340. When connections may be made.
3341. When companies must transport cars of other companies.
3312. Ways for water must be provided. 3313. Proceedings to enforce preceding section. 3314. When the probate judge may let the work. 3345. Sale of the work, and proceedings thereon. 3316. Fees of officers in such esses.
3347. Movable bridge between passenger cars required.
3348. Penalties for violation of preceding sec tion.
3349. When two preceding sections do not apply. 3350. Commissioner of railroads must enforce certain sections.
3351. Prescribing heating apparatus for railroad
3352. 3353. 3354. 3355.
When plan of freight-way must be approved by commissioner.
8257. How railroad scrap metal shall be sold. 3358. Penalties for violation of last section. 3359. What is the evidence of title to such scrap. 3360. When a mixture of such scrap deemed a confusion of goods.
Company may replevy scrap; proceedings
How passenger cars to be lighted. Penalties for violating certain sections. When and how freight ways may be constructed.
in the action.
Penalties for obstructing the laying of a track.
When and how a company may dissolve. When companies must cross streams on the same bridge