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SEC. 245. [How appointed and term; who eligible.] A commissioner of railroads and telegraphs shall be appointed by the governor, by and with the advice and consent of the senate; and he shall hold his office for two years. No person is eligible to the office who is an officer or employe of a railroad company, or who owns or is interested in the stock or bonds of a railroad company. [64 v. 111, 1; S. & S. 76.]

For "an act authorizing the governor, auditor of state, attorney general, railroad commissioner, and state librarian to sell property deeded by Albert A. Bliss and wife to the state of Ohio by deed bearing date February 19, 1852," see 81 v. 175.

For an act to authorize the issue of bonds to meet deficiencies in the general revenue fund," see 83 v. 154.

SEC. 246. [His bond and oath of office.] The commissioner, before entering upon the discharge of his duties, shall give bond to the state in the sum of five thousand dollars, with two or more sureties, to the acceptance of the governor, conditioned for the faithful performance of his duties; which bond, with his oath of office and the approval of the governor indorsed thereon, shall be deposited with the secretary of state. [64 v. 111, 2; S. & S. 76.]

SEC. 247. [Duty to examine tracks, bridges, etc., supposed to be dangerous; shall prescribe rate of speed for passing over same, or wholly stop the trains from passing over same; punishment of officers and others for disobeying his orders, and penalty against company.] When the commissioner has reasonable grounds to believe, either on complaint or otherwise, that any of the tracks, bridges, or other structures of any railroad in this state, are in a condition which renders them, or any of them, dangerous, or unfit for the transportation of passengers, he shall forthwith inspect and examine the same; and, if on such examination by himself or his agent, he is of opinion

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that any of such tracks, bridges, or other structures are unfit for the transportation of passengers with safety, he shall immediately give to the superintendent, or other executive officer of the company operating such road, notice of the condition thereof, and of the repairs or reconstructions necessary to place the same in a safe condition; and he may also prescribe the rate of speed for trains passing over such dangerous or defective track, bridge, or other structure, until the repairs or reconstructions required are made, and the time within which such repairs or reconstructions must be made; or if, in his opinion, it is needful and proper, he may forbid the running of passenger trains over such defective track, bridge, or other structure; and if a superintendent or other executive officer receiving such notice and order neglects for two days after receiving the same to direct the proper subordinate officers to run the passenger trains over such defective track, bridge, or other structure, at a speed not greater than that so prescribed, or if the running of passenger trains is so forbidden, then to stop running passenger trains over the same; or if any engineer, conductor, or other employe knowingly disobeys such order,'every superintendent, officer, engineer, conductor, or other employe, so offending, shall be fined in any sum not exceeding five hundred dollars, or imprisoned in the jail for any period not exceeding one year, or both, at the discretion of the court; and the company operating such road, if it neglects or without good cause fails to make the repairs or reconstruction prescribed by the commissioner within the time by him limited, shall, for each day that such repair or reconstruction is delayed beyond the time prescribed, forfeit and pay to the state the sum of one hundred dollars. [64 v. 111, 2 6; S. & S. 77.]

See 1 of "an act for the protection of railroad employes," (85 v. 105), 2 (8516–31).

SEC. 247a. [When railroad companies ust erect gates at crossings.] When, in the opinion of the commissioner of railroads, the public safety requires that a gate or gates be erected and maintained at any place where a public road or street is crossed at the same level by any railroad, and which crossing has been declared by said commissioner to be a dangerous one, or that a flagman be stationed and maintained at such dangerous crossing he shall give to the superintendent, manager, or other officer in charge of such railroad, a written notice that the same is required, and such company, person or corporation owning or operating such railroad shall erect or station the same within such time thereafter as said commissioner shall prescribe. Any company, person or corporation neglecting or refusing to erect or maintain such gate or gates, or to maintain such flagman, when so required as aforesaid, shall forfeit and pay to the state, for every such neglect or refusal, the sum of one hundred dollars, and the further sum of ten dollars for every day while such neglect or refusal shall continue. [1889, April 15; 86 v. 367.] SEC. 247b. [Must be approved by commissioner of railroads; penalty for violation of this act.] All gates which by the provisions of this act are under the direction of the commissioner of railroads, shall be built in such manner, and within such time, and of such material as shall be approved by the commissioner of railroads, and shall be located on the highway or street, on one or both sides of the railroad track or tracks, as the commissioner may deem the public safety to require, and shall be so constructed as, when closed, to obstruct and prevent any passage across such railroad or railroads from the side on which such gate may be located. There shall be a person in charge of every such gate, and it shall be his duty to close the same at the approach of every train of cars, or of a locomotive, and to keep it open at all other times, For every neglect of such duty, such person, upon conviction thereof, shall pay the sum of twenty-five dollars. When more than one railroad crosses a public highway or street at such dangerous crossing, the expense incurred in the erection and maintenance of the gates provided for in this section, and of the necessary gate-keepers, or of a flagman, shall be shared equally by the railroad companies alongside whose tracks the gates shall be located. [1889 April 15; 86 v. 367.]

SEC. 248. [Shall examine into alleged violations of law by railroad, its officers, agents, or employes.] When the commissioner, upon complaint, or otherwise, has

reason to believe that any railroad company, or any officer, agent, or employe of any railroad company, has violated, or is violating, any of the laws of the state, he shall examine into the matter. [64 v. 111, 25; S. & S. 76.]

SEC. 248a. [Duty of commissioner of railroads as to differences between citizens and common carriers.] When the commissioner, on complaint or otherwise, has reason to believe that differences have arisen between citizens of the state and any corporation operating as a common carrier, within the state, he shall examine into the matter, and shall report his findings to the general assembly, if in session, otherwise to the governor. [1886, May 18: 83 v. 206.]

SEC. 249. [Office in the state house; may appoint a clerk; powers and duties of the clerk.] The office of the commissioner shall be in the state house; and he may appoint a clerk, which appointment must be evidenced by the certificate of the commissioner: the clerk shall discharge such duties as are assigned to him by the commissioner, and he may issue subpoenas for witnesses and administer oaths in all matters pertaining to the duties of the office of commissioner. [68 v. 55, 2 3; S. & S. 80.]

SEC. 250. [Commissioner may pass free over all railroads.] The commissioner shall have the right of passing, in the performance of his duties, on all the railroads within the state, and upon all trains, and any part thereof, free of charge. [64 v. 111, ? 4; S. & S. 76.]

SEC. 251. [Annual reports of railroad companies; when to be made; what to contain; casualties and other information required by the commissioner; reason for failure to report any item, to be given.] The president, or other officer in charge of any railroad, situate in whole or in part within the state, shall, on or before the first day of September, in each year, make and file in the office of the commissioner a report, verified by the oath of such officer, for the year ending on the thirtieth day of June preceding, which report shall state:

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Characteristics of the Road, etc.

9. Length of main line, single track, laid with rail.
10. Length of branches, single track, laid with rail.
11. Length of double track, main line and branches.

12. Aggregate length of sidings and other tracks, not enumerated above.
Total length of rail computed as single track.

13. The maximum grade, with its length in main road, and also in branches.

14. The shortest radius of curvature, with length of curve in main road, and also

in branches.

15. Total degrees of curvature in main road, and also in branches.
16. Total length of straight line in main road, and also in branches.

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