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Commis

of common

Railroad and Warehouse Commissioners. prescribe, a statement concerning the condition and management of his business as such warehouseman. [See

8 165-6. Report of

176. § 10. Such commissioners shall, on or before the sioners-Ex- first day of December of each year, or oftener if required amination.

by the Governor to do so, make a report to the Governor of their doings for the preceding year, containing such facts, statements and explanations as will disclose the actual workings of the system of transportation of persons or property by common carriers within this State and of the warehouse business in their bearings upon the business and prosperity of the people of the State and such suggestions in relation thereto as to them may seem appropriate, and particularly first, whether in their judgment the railroads can be classified in regard to rate of fare and freight to be charged upon them, and if so, in what manner; second, whether a classification of freight can also be made, and if so, in what manner.

They shall also, at such times as the Governor shall direct, examine any particular subject connected with the condition and management of such railroads, other common carriers and warehouses, and report to him in writing their opinion

thereon with their reasons therefor. Examinations 177. $ 11. Said commissioners shall examine into the

carriers and conditions and management, and all other matters concernwarehouses -Suits.

ing the business of railroads, other common carriers and warehouses in this State so far as the same pertains to the relation of such roads, other common carriers and warehouses to the public and to the accommodation and security of persons doing business therewith, and whether such railroad companies, other common carriers and warehouses, their officers, directors, managers, lessees, agents and employés, comply with the laws of this State now in force, or which shall hereafter be in force concerning them. And whenever it shall come to their knowledge, either upon complaint or otherwise, or they shall have reason to believe that any such law or laws have been or are being violated, they shall prosecute or cause to be prosecuted all corporations or persons

guilty of such violation. When Board

177a. $ 111.. It shall be the duty of said board of comto investi- missioners to investigate the cause of any accident on any accident to railroad resulting in the loss of life or injury to person or preperty- persons, or property which in their judgment shall require Br dge, etc., investigation, and report the same in the annual report of

said commissioners; and shall, from time to time, if in their ceedings by judgment it is advisable and at any time upon request of the Attorney General.

Governor, make complete report to him upon all such accidents. And it is hereby made the duty of the general superJintendent or manager of each railroad doing business in this

gate cause of

- Manda

Railroad and Warehouse Commissioners.. State to inform said board of any such accident immediately after its occurrence.

Whenever it shall come to the knowledge of said board, by complaint or otherwise, that any railroad bridge or trestle, or any portion of the track of any railroad in this State is out of repair, or is in an unsafe condition, it shall be the duty of such board to investigate, or cause an investigation to be made of the condition of such railroad bridge, trestle or tracks, and may employ such person or persons who may be civil engineer or engineers, as they shall deem necessary for the purpose of making such investigation, and whenever in the judgment of said board, after such investigation, it shall become necessary to rebuild such bridge, track or trestle, or repair the same, the said board shall give notice and information in writing to the corporation of the improvements and changes which they may deem to be proper. And shall recommend to the corporation or person or persons owning or operating such railroad, that it, or he, or they, make such repairs, changes or improvements, or rebuild such bridge or bridges on such railroad, as the board shall deem necessary to the safety of persons and property being transported thereon. And said board shall give such corporation or person or persons owning or operating said railroad an opportunity for a full and fair hearing on the subject of such investigation and recommendation. And said board shall, after having given such corporation or person or persons operating such railroad an opportunity for a full hearing thereon, if such corporation or person shall not satisfy said board that no action is required to be taken by it or them, fix a time within which said changes or repairs shall be made, or such bridges, tracks or culverts shall be rebuilt, which time the board may extend. It shall be the duty of the corporation, person, or persons, owning or operating said railroad to comply with such recommendations of said board as are just and reasonable. And the Supreme Court or the circuit court in any circuit in which said railroad may be in part situated, shall have power in all cases of such recommendations by said board, to compel compliance therewith by mandamus. If any such corporation or person or persons owning or operating any such railroad shall, after such hearing, neglect or refuse to comply with the recommendation or recommendations of said board as to making any repairs, changes or improvements on any bridge, track or trestle, or to rebuild any bridge within the time fixed by said board therefor, said board shall report such neglect or refusal, together with the facts in such case, touching the necessity for such repairs, changes or rebuilding to the Attorney General of the State of Illinois, who shall thereupon take such action as may be necessary to

of warehouse license.

Railroad and Warehouse Commissioners. secure compliance with such recommendations of said board. In all actions or proceedings brought by the Attorney General to compel compliance with the recommendations of the board, the findings of the board shall be prima facie evidence of the facts therein stated, and the recommendation of the board shall be deemed prima facie just and reasonable. Nothing herein contained shall impair the legal liability of any railroad company for the consequence of its acts. And all existing remedies therefor are hereby saved to the people and

to individuals. Cancellation

178. § 12. Said commissioners are hereby authorized to hear and determine all applications for the cancellation of warehouse licenses in this State which may be issued in pursuance of any laws of this State, and for that

purpose to make and adopt such rules and regulations concerning such hearing and determination as may, from time to time, by them be deemed proper. And, if, upon such hearing, it shall appear that any public warehouseman has been guilty of violating any law of this State concerning the business of public warehouseman, said commissioners may cancel and revoke the license of said public warehouseman, and immediately notify the officer who issued such license of such revocation and cancellation; and no person whose license

a public warehouseman shall be cancelled or revoked shall be entitled to another license or to carry on the business in this State of such public warehouseman until the expiration of six months from the date of such revocation and cancellation, and until he shall have again been licensed : Provided, that this section shall not be construed as to prevent any such warehouseman from delivering any grain on hand at the time of such revocation or cancellation of his said license. And all licenses issued in violation of the provisions of this section shall be deemed null and void. [See $ 122.

179. $13. The property, books, records, accounts, papers books, etc. and proceedings of all such railroad companies, other com

mon carriers and all public warehousemen, shall at all times, during business hours, be subject to the examination and inspection of such commissioners, and they shall have power to examine, under oath or affirmation, any and all directors, officers, managers, agents and employés of any such railroad corporation, or other common carrier, and any and all owners, managers, lessees, agents and employés of such public warehouses and other persons, concerning any matter relating to the condition and management of such business. The commissioners, or any of them, in the performance of their official duties, or any person specially delegated by the commission for that purpose, may enter and remain during

as

Power to ex

amine

Railroad and Warehouse Commissioners. business hours in the cars, offices, depots and upon the railroads or in vessels, or in or upon any of the instrumentalities used by common carriers in and about the transportation of persons or property between points wholly within the State of Illinois and may examine the books and affairs of such common carrier and in all proceedings before the commission under a complaint duly filed, or upon a proceeding begun by the commission upon their own motion, the commission shall have power to require by subpæna the attendance and the testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements and documents relating in any matter embraced within such complaint or proceedings. Information so obtained shall not be admitted in evidence or used in any other proceeding. 180. S 14. In making any examination as contem- May examine

witnesses, plated in this Act, or for the purpose of obtaining infor- etc. mation, pursuant to this Act, said commissioners shall have the power to issue subpoenas for the attendance of witnesses, and

may administer oaths. In case any person shall willfully fail or refuse to obey such subpoena, it shall be the duty of the circuit court of any county, upon application of the said commissioners, to issue an attachment for said wit-| ness, and compel such witness to attend before the commissioners, and give his testimony upon such matters as shall be lawfully required by such commissioners; 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.

181. § 15. Any person who shall willfully neglect or Penalty refuse to obey the process of subpena issued by said com

against witmissioners, and appear and testify as therein required, shall he deemed 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 $25 nor more than $500, or by imprisonment of not more than 30 days, or both, in the discretion of the court before which such conviction shall be had. 182. § 16. Every railroad company or other common car

Penalty

against comrier and every officer, agent or emplové of any railroad company or other common carrier, and every owner, lessee, warehouses, manager or employé of any warehouse, who shall willfully etc. neglect to make and furnish any report required in this Act at the time required, or who shall willfully and unlawfully hinder, delay or obstruct said commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay al sum not less than $100 nor more than $5,000 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 Illinois; and every railroad company or other common carrier, and every officer.

nesses, etc.

mon carriers owners of

Railroad and Warehouse Commissioners.

torney to prosecute suits.

In name of

tion.

agent or employé of any such railroad company, or other common carrier, and every owner, lessee, manager, or agent or employé of any public warehouse, shall be liable to a like penalty for every period of ten days it or he shall willfully

neglect or refuse to make such report. Attorney 183. $ 17. It shall be the duty of the Attorney General General and State's At- and the State's attorney in any county, on the request of said

commissioners, to institute and prosecute any and all suits

and proceeding[s] which they or either of them shall be directed by said commissioners to institute and prosecute for a violation of this Act, or of any law of this State concerning railroad companies, other common carriers, or warehouses, the officers, employés, owners, operators or agents of any such companies, common carriers, or warehouses.

184. § 18. All such prosecutions shall be in the name of people-Pay Qui tam ac- the People of the State of Illinois, and all moneys arising

therefrom shall be paid into the State treasury by the sheriff or other officer collecting the same; and the State's attorney shall be entitled to receive for his compensation, from the State Treasurer on bills to be approved by the chairman of the commission and by the Governor, a sum not exceeding 10 per cent of the amount received and paid into the State treasury as aforesaid: Provided, this Act shall not be construed so as to prevent any person from prosecuting any qui tam action as authorized by law and of receiving such part of the amount recovered in such action as is or may be pro

vided under any law of this State. Rights of in

185. § 19. This Act shall not be so construed as to waive saved. or affect the right of any person, injured by the violation of

any law in regard to railroad companies, other common carriers or warehouses, from prosecuting for his private damages

in any manner allowed by law. Jurisdiction 186. S 20. Said Railroad and Warehouse Commission is mon carriers. hereby given jurisdiction over all common carriers within

this State. Term "Com

187. § 21. The term "common carrier” used in this Act includes all railroad corporations, express companies, steamboat lines or other common carriers by water, private car line companies, sleeping car companies, fast freight line companies, and shall also include every other corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, operating or managing any such agency for public use in the conveyance of person[s] or property within this State: Proridel, teaming companies shall not be included within the definition herein stated: · And, provided, further,

dividuals

over all com

mon Carrier" defined.

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