other of said modes, has power to impose such terms, restrictions, and limitations as to the use of streets and the construction and mode of operating such electric and other roads as may, by such board or body, be deemed for the public safety or welfare. It is unlawful to grant any franchise mentioned in this section, or to extend the time for the construction or operation of any street railroad, within ninety days next preceding the day of holding a general election, or within seventy days next immediately following, including the day of holding such general election; and any franchise or extension so granted is void. Franchise-Conditions it Must Contain. C. C. Sec. 498. The city or town authorities, in granting the right of way to street railroad corporations, in addition to the restrictions which they are authorized to impose, must require a strict compliance with the following conditions, except in the case of prismoidal or other elevated railways: First, to construct their tracks on those portions of streets designated in the ordinance granting the right, which must be, as nearly as possible, in the middle thereof; second, to plank, pave, or macadamize the entire length of the street used by their tracks, between the rails, and for two feet on each side thereof, and between the tracks, if there is more than one, and to keep the same constantly in repair, flush with the street, and with good crossings; third, that the tracks must not be more than five feet wide within the rails, and must have a space between them sufficient to allow the cars to pass each other freely. In case of prismoidal and other elevated railways the railway must be required to be constructed in such manner as will present the least obstruction to the freedom of the streets in which it is erected. Every right or franchise for a street railway granted under the provisions of this title is subject to the condition that the person or corporation to whom the same is granted must and will permit mail-carriers in the employ of the United States government, at all times, while engaged in the actual discharge of duty, to ride on the cars of such railroad free of charge. Rates of Fare. C. C. Sec. 501. The rates of tare on the cars must not exceed ten cents for one fare for any distance under three miles, and in municipal corporations of the first class must not exceed five cents for each passenger per trip of any distance in one direction, either going or coming, along any part of the whole length of the road or its connections. The cars must be of the most approved construction for the comfort and convenience of passengers, and provided with brakes to stop the same, when required. A violation of the provisions of this section subjects the corporation to a fine of one hundred dollars for each offense. Penalty for Collecting Excessive Fare. C. C. Sec. 504. Every violation of the provisions of section five hundred and one, subjects the owner or owners of the street railroad violating the same to a forfeiture, to the person unlawfully charged or paying more than is herein allowed to be charged, of the sum of two hundred and fifty dollars for each and every instance in which such unlawful charge is made or collected, to be recovered by suit in any court of competent jurisdiction. Such cause of action is assignable to one having a like cause of action in his own right against the same defendant, and an action may be maintained by the assignee in his own name, and several such causes of action can be vested in such assignee and united in the same action. Two Companies May Use Same Track-How Far. C. C. Sec. 449. Two lines of street railway, operated under different managements, may be permitted to use the same street, each paying an equal portion for the construction of the tracks and appurtenances used by said railways jointly; but in no case must two lines of street railway, operated under different managements, occupy and use the same street or tracks for a distance of more than five blocks consecutively. Crossings. C. C. Sec. 500. Any proposed railroad track may be permitted to cross any track already constructed, the crossing being made as provided in chapter II, title III, of this part. In laying down the track and preparing therefor, not more than one block must be obstructed at any one time, nor for a longer period than ten working days. [Secs. 465-478 C. C.] Power of Cities and Towns to Regulate Street Railroads. C. C. Sec. 503. Cities and towns in or through which street railroads run may make such further regulations for the government of such street railroads as may be necessary to a full enjoyment of the franchise and the enforcement of the conditions provided herein. Passenger Tickets-When Must be Furnished. C. C. Sec. 505. Every street railroad corporation must provide, and, on request, furnish to all persons desiring a passage on its cars, any required quantity of passenger tickets or checks, each to be good for one ride. Any corporation failing to provide and furnish tickets or checks to any person desiring to purchase the same at not exceeding the rate hereinbefore prescribed, shall forfeit to such person the sum of two hundred dollars, to be recovered as provided in the preceding section, provided, that the provisions of this section shall not apply to such street railroad corporations as charge but five cents fare. Penalty for Excessive Fare-How Collected. C. C. Sec. 506. Upon the trial of an action for any of the sums forfeited, as provided in the two preceding sections, proof that the person demanding or receiving the. money as fare, or for the sale of the ticket or check, was, at the time of making the demand or receiving the money, engaged in an office of the corporation, or vehicle belonging to the corporation, shall be prima facie evidence that such person was the agent, servant, or employe of the corporation, to receive the money or give the ticket or check mentioned. Right of City or County to Alter Grades. C. C. Sec. 507. In every grant to construct street railroads, the right to grade, sewer, pave, macadamize, or otherwise improve, alter, or repair, the streets or highways, is reserved to the municipality and cannot be alienated or impaired; such work to be done so as to obstruct the railroad as little as possible; and, if required, the owner of such railroad must shift its rails so as to avoid the obstructions made thereby. Telegraph and Telephone Com panies. Articles of Incorporation-What to Contain. Right to Use Public Waters and Highways. Articles of Incorporation-What to Contain. Power to Alienate Franchises. C. C. Sec. 540. Any telegraph or telephone corporation may at any time, with the consent of the persons holding two thirds of the issued stock of the corporation, sell, lease, assign, transfer, or convey any rights, privileges, franchises, or property of the corporation, except its corporate franchise. Right to Use Public Waters and Highways. C. C. Sec. 536. Telegraph corporations may construct lines of telegraph along and upon any public road or highway, along or across any of the waters or lands within this state, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway, or interrupt the navigation of the waters. |