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Railroad and Warehouse Commissioners.

connected with any railroad company [*829] or warehouse, or who is directly or indirectly interested in any stock, bond, or other property of, or is in the employment of any railroad company or warehouseman; and no person appointed as such commissioner shall during the term of his office, become interested in any stock, bond or other property of any railroad company or warehouse, or in any manner be employed by or connected with any railroad company or warehouse. The Governor shall have power to remove any such commissioner at any time in his discretion.

169. § 3. Before entering upon the duties of his office, Oath-Bond. each of the said commissioners shall make and subscribe,

and file with the Secretary of State, an affidavit, in the following form:

I do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of commissioner of railroads and warehouses, according to the best of my ability.

And shall enter into bonds, with security to be approved by the Governor, in the sum of $20,000, conditioned for the faithful performance of his duty as such commissioner.

-Secretary

Office

170. § 4. Each of said commissioners shall receive for Compensation his services a sum not exceeding $3,500.00 per annum, payable quarterly. They shall be furnished with an office, office Expenses. furniture and stationery, at the expense of the State, and shall have power to appoint a secretary to perform such duties as they shall assign him. Said secretary shall receive for his services a sum not exceeding $1,500.00 per annum. The office of said commissioners shall be kept at Springfield, and all sums authorized to be paid by this Act shall be paid out of the State treasury and only on the order of the Governor: Provided, that the total sum to be expended by said commissioners for office rent and furniture and stationery shall, in no case exceed the total sum of $800.00 per annum.

on trains,

etc.

railroads.

171. § 5. The said commissioners shall have the right Right to pass of passing in the performance of their duties concerning railroads, on all railroads and railroad trains in this State. 172. § 6. Every railroad company incorporated or do-Report of ing business in this State, or which shall hereafter become incorporated or do business under any general or special law of the State, shall, on or before the first day of September, in the year of our Lord 1871, and on or before the same day each year thereafter, make and transmit to the commissioners appointed by virtue of this Act, at their office in Springfield a full and true statement, under oath, of the proper officers of said corporation, of the affairs of the said corporation, as the same existed on the first day of the preceding July, specifying—

Railroad and Warehouse Commissioners.

First-The amount of capital stock subscribed, and by whom.

Second-The names of the owners of its stock, and the amount owned by them, respectively, and the residence of each stockholder so far as known.

Third-The amount of stock paid in and by whom.
Fourth-The amount of its assets and liabilities.
Fifth-The names and place of residence of its officers.
Sixth-The amount of cash paid to the company on ac-
count of the original capital stock.

Seventh-The amount of funded debt.
Eighth-The amount of floating debt.

Ninth-The estimated value of the roadbed, including iron and bridges.

Tenth-The estimated value of rolling stock.

Eleventh-The estimated value of stations, buildings and

fixtures.

Twelfth-The estimated value of other property.
Thirteenth-The length of single main track.
Fourteenth-The length of double main track.

Fifteenth-The length of branches, stating whether they have single or double track.

Sixteenth-The aggregate length of siding and other tracks not above enumerated.

Seventeenth-The number of miles run by passenger trains during the year preceding [*830] the making of the report.

Eighteenth-The number of miles run by freight trains during the same period.

Nineteenth-The number of tons of through freight carried during the same time.

Twentieth-The number of tons of local freight carried during the same time.

Twenty-first-Its monthly earnings for the transportation of passengers during the same time.

Twenty-second-Its monthly earnings for the transportation of freight during the same time.

Twenty-third--Its monthly earnings from all other sources, respectively.

Twenty-fourth-The amount of expenses incurred in the running and management of passenger trains during the same time.

Twenty-fifth-The amount of expenses incurred in the running and management of freight trains during the same time; also, the amount of expense incurred in the running and management of mixed trains during the same time.

Twenty-sixth-All other expenses incurred in the running and management of the road during the same time, including the salaries of officers, which shall be reported separately.

Railroad and Warehouse Commissioners.

Twenty-seventh-The amount expended for repairs of road and maintenance of way, including repairs and renewal of bridges and renewal of iron.

Twenty-eighth-The amount expended for improvement, and whether the same are estimated as a part of the expenses of operating or repairing the road, and, if either, which.

Twenty-ninth-The amount expended for motive power

and cars.

Thirtieth-The amount expended for station houses, buildings and fixtures.

Thirty-first-All other expenses for the maintenance of

way.

Thirty-second-All other expenditures, either for management of road, maintenance of way; motive power and cars, or for other purposes.

Thirty-third-The rate of fare for passengers for each month during same time, through and way passengers separately.

Thirty-fourth-The tariff of freights, showing each change of tariff during the same time.

Thirty-fifth-A copy of each published rate of fare for passengers and tariff of freight, in force or issued for the government of its agents during the same time.

Thirty-sixth-Whether the rate of fare and tariff of freight in such published lists are the same as those actually received by the company during the same time; if not, what were received.

on its

Thirty-seventh-What express companies run roads, and on what terms and on what conditions; the kin of business done by them, and whether they take their freight at the depots or at the office of such express companies.

Thirty-eighth-What freight and transportation companies run on its road, and on what terms.

Thirty-ninth—Whether such freight and transportation companies use the cars of the road or the cars furnished by themselves.

Fortieth-Whether the freight cars of such companies are given any preference in speed or order of transportation, and if so, in what particular.

Forty-first-What running arrangements it has with other railroad companies, setting forth the contracts for the same. [See § 168.

173. § 7. The said commissioners may make and pro-Additional in

pound to such railroad companies any additional interroga- quiries.

tives, which shall be answered by such companies in the same manner as those specified in the foregoing section. [See § 165-6.

Applies to offi

Railroad and Warehouse Commissioners.

174. 8. Sections 6 and 7 of this Act shall apply to § cers of road the president, directors and officers of every railroad company now existing or which shall be incorporated or organized in this State, and to every lessee, manager and operator of any railroad within the State.

Statement by warehouse

man.

Report

Commis

[*831.] 175. § 9. It shall be the duty of every owner, lessee or manager of every public warehouse in this State to furnish in writing, under oath, at such times as such Railroad and Warehouse Commissioners shall require and prescribe, a statement concerning the conditions and management of his business as such warehouseman. [See $ 165-6.

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of 176. § 10. Such commissioners shall, on or before the sion er s first day of December of each year, or oftener if required Examina-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 railroad transportation and 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 the 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 and warehouses, and report to him in writing their opinion thereon, with their reasons therefor.

Examinations

177. § II. Said commissioners shall examine into the of railroads condition and management, and all other matters concernhouses- ing the business of railroads and warehouses in this State Suits. so far as the same pertain to the relation of such roads and

and ware

warehouses to the public, and to the accommodation and security of persons doing business therewith, and whether such railroad companies and warehouses, their officers, directors, managers, lessees, agents and employés, comply with the laws in 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. In order to enable said commissioners efficiently to perform their duties under this Act, it is hereby made their duty to cause one of their number, at least once in six months, to visit each county in the State, in which is or shall be located a railroad sta

Railroad and Warehouse Commissioners.

tion, and personally inquire into the management of such railroad and warehouse business. [See § 165-6.

Board

to investigate cause of accident on railroad -Bridge, etc., out of repair Mandamus proceedings by Attorney General.

177a. § 112. It shall be the duty of the said board of when commissioners to investigate the cause of any accident on any railroad, resulting in the loss of life or injury to person or persons, which in their judgment shall require investigation, and the result of such investigation shall be reported upon in a special report to the Governor as soon after the accident as may be practicable, and also in the annual report of said commissioners. And it is hereby made the duty of the general superintendent or manager of each railroad in this 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 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 manda

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