to fence the same against live stock running at large, for any stock injured or killed by reason of the want of such fence as now provided for in section twelve hundred and eighty-nine of the Code of 1873 [§ 1972].

1796. Railway crossings near Mississippi river. 1290. Whenever it becomes necessary in the construction of any railway to cross any other railway near the shore of the Mississippi river, each shall be so constructed and maintained at the point of crossing, so that the respective road-beds thereof shall be above high water in such river. But where such crossings occur within the limits of cities containing six thousand inhabitants as shown by the last preceding census, the city council of such cities may establish the grade at such crossings. [14 G. A., ch. 33.]

CONDITIONS OF AID TAX.

1977. How changed. 1291. In all cases where taxes have been voted under chapter forty-eight, of twelfth general assembly, or chapter one hundred and two of thirteenth general assembly, to aid in the construction of any railway, or where said tax has been transferred under chapter eightyone of the fourteenth general assembly, and said tax has been voted or transferred under any condition or contract with the railway company which the township may desire to have changed or modified, said township is hereby authorized upon agreement of its trustees with the railway company constructing said proposed railway, to submit to a vote of the electors of the township, the question whether the conditions or contract under which said tax was voted or transferred, shall be changed or modified, and said trustees, upon petition of one-third of the legal voters of the township, as shown by the vote cast at the last general election, asking such change or modification, shall order an election, submitting the agreement to the electors, at a special election called therefor, said election to be conducted in all respects as to notice and manner of holding, as the election at which the tax was originally voted.

In general, as to conditions imposed in voting a tax in aid of the construction of a railway, see § 2085.

FOREIGN COMPANIES.

1978. Privileges; filling articles. 18 G. A., ch. 128, § 1. Any railroad company organized, or created by, or under the laws of any other state, and owning and operating a line or lines of railroad in such state, is hereby authorized to extend and build its road or any branches thereof into the state of Iowa. And such railroad company shall have and possess all the powers, franchises, rights and privileges, and be subject to the same liabilities of railroad companies organized and incorporated under the laws of this state, including the right to sue, and the liability to be sued, the same as railroads organized under the laws of this state; provided, such a railroad corporation shall file with the secretary of the state of Iowa, a copy of its articles of incorporation, if incorporated under a general law of such state, or'a certified copy of the statute laws of such state incorporating such company, where the charter of such railroad corporation was granted by statute of such

state.

Even though this section secures to a foreign railway the right of personal service in proceedings to establish a highway, in the same manner as it is secured to a railway company existing under the laws of the state, yet as a domestic railway company which does not appear from the transfer books to be the owner of the land need not be personally served, so a foreign railway company is in no better position in that respect. State v. Chicago, M. & St. P. R. Co., 80-586.

Foreign railway companies under this section are not entitled to the rights and privileges therein granted unless a copy of their articles of incorporation or charter is filed with the secretary of state. Ibid.

RELOCATION.

1979. Petition for. 16 G. A., ch. 118, § 1. Any railroad company desiring to change or remove the line of its road, after the same has been permanently located and constructed, may for that purpose file a petition in the district [or circuit] court in any one of the counties wherein the change or removal is proposed to be made, describing with convenient accuracy that portion of its line of road which said company seeks to have changed or removed, and asking the court to grant the right or authority to make such change or removal. To this suit, all trustees, mortgagees, or other lien holders, and all townships, cities and counties which have aided by taxation to build the road, must be made defendants by service of original notice, in the time and manner as provided by law for service of original notices.

1980. Notice. 16 G. A., ch. 118, § 2. In addition to the foregoing notice, a public notice to all whom it may concern, of the time of filing such petition and of the object thereof and of the term of court at which the application for authority to make the change will be made, and requiring all persons desiring the repayment of money or the return of property, as in this act contemplated, to appear at such court and make good their claim therefor, must be published in a newspaper printed in each county wherein the change is to be made, for a period of ten successive weeks before the term of court at which the application is to be made. The court may order any additional notice or publication that it may deem proper.

1981. Conditions. 16 G. A., ch. 118. § 3. But no railroad company shall be allowed to change or remove the line of its road after its permanent location and construction, without repaying to the proper parties all moneys, and restoring all property, or its value, which were given or donated to the company building the same, exclusively in consideration of the said railroad's being located and constructed on such line, nor without first procuring the proper consent of all parties having liens upon said railroad; and also of any township, city or county that has by taxation or by the issuing of bonds contributed money to aid in the construction thereof; provided, that the consent of such township, city or county shall be necessary with reference only to the change to be made within its own territorial limits.

The obligation to operate a railway is incurred by accepting taxes. v. Central Iowa R. Co., 71-410.

State

1982. Order of court. 16 G. A., ch., 118, § 4. If the court is satisfied that due and proper notice has been given, and that the consent of the proper parties, as herein contemplated, has been duly obtained, it shall

order and adjudge in favor of all persons who have appeared and established their claims thereto, the repayment of all moneys, and the return of all property, or its value, which were given or donated to the company exclu: sively in consideration of the roads being located on the line from which it is proposed to make the removal, and shall declare and adjudge all persons not so appearing and establishing their claims as aforesaid, forever thereafter debarred and estopped from setting up or asserting the same. The court may, if the public interest demand it, make an order authorizing the railroad company to change or remove the location of its road, as asked for in the petition, but such order must be on the condition that all claims for the repayment of money, or the return of property, which may be allowed by the court, as herein provided, shall be first paid or satisfied.

1983. Effect. 16 G. A., ch. 118. § 5. All mortgage liens or other incumbrances on the line of road which the company is authorized by the court to change, shall be and remain valid liens and incumbrances on the line of road to which the change is made, and shall take priority of all other liens and incumbrances upon such new line of road.

1984. Notice. 16 G. A., ch. 118, § 6. For the purpose of this act, the trustees of each township shall be served with notice, and shall be authorized to represent and act for their respective townships; provided, that no vested right of any person or persons, living on and along the line of any railroad removed under the provisions of this act, shall be defeated or affected by this act; and provided further, that the provisions of this act shall apply only to such railroads as were constructed prior to the year 1866. 1985. Cuts and banks. 16 G. A., ch. 118, § 7. When any railroad company shall take up their track and relocate the same under the provisions of this act, shall fill up the cuts and level down the banks, or cause the same to be done, within two years from the time of taking up such track.

1986. Provisions not to apply. 17 G. A., ch. 152, § 1. The provisions of section seven, of chapter one hundred and eighteen, of the laws of the sixteenth general assembly [§ 1985], shall not apply to any railroad which has its initial point at any town upon the Mississippi river, and which had in the year 1859, sixty-three miles and no more of completed track from such initial point, and provided that the exemption from the provisions of said section shall only apply a distance of sixty-three miles from the initial point of any such railroad.

CONNECTIONS.

1987. Required. 1292; 15 G. A., ch. 18. Any railway corporation, operating a railway in this State, intersecting or crossing any other line of railway, of the same gauge, operated by any other company, shall, by means of a Y, or other suitable and proper means, be made to connect with such other railway so intersected or crossed; and railway companies where railroads shall be so connected shall draw over their respective roads the cars of such connecting railway; and also those of any other railway or railways connected with said roads made to connect as aforesaid, and also the cars of all transportation companies or persons, at reasonable terms, and for a compensation not exceeding their ordinary rates. [9 G. A., ch. 158, § 1.]

1988. Commission to adjust rates. 1293; 15 G. A., ch. 18. When such corporations are unable to agree upon the method and terms of connection and rates of transportation, either, or any person interested in having such connection made, may make application to the district [or circuit] court in any county in which said connection may be desired or located, or to the judge of said courts if in vacation, after ten days' notice in writing to the companies. After hearing the parties, or on default, the said judge shall appoint three disinterested persons, being presidents or superintendents of railways, or experts in railway business, without regard to their place of residence, as commissioners, to determine the method and terms of connection and rules and regulations necessary thereto; provided, that the rates fixed by the said commissioners, for freights offered or transported in the cars of the company offering the same, shall in no case exceed the local rates per mile fixed by law or set forth in the carrying companies' freight tariff prepared and made public in accordance with the laws of the state. [Same, § 2.]

1989. Report of. 1294. Said commissioners shall meet at such time and place as may be ordered by said court or judge, and shall hear the parties and any testimony brought before them, and make and sign their report, prescribing the things to be done. Such report made by them, or a majority of them, shall, within such time as ordered by said court or judge, be returned to and filed in said court, to be confirmed thereby; and, when so confirmed, it shall be binding upon the parties until another report shall be made upon a new application, which cannot be made within two years after such confirmation. [Same, § 3.]

1990. Duty, power and compensation. 1295. Said commissioners shall have such compensation as shall be deemed reasonable by the court, and shall be goverened by the same rules and have the same power in compelling the attendance of witnesses, and shall themselves be sworn, as is now provided in cases of referees in civil actions at law in the district court, and exceptions may be taken to their report in the same manner; and such exceptions shall have the same effect, and the proceedings upon their report shall be the same as on reports of referees in cases referred from said court, and the costs shall be paid by the parties in such proportion as to the court may seem equitable and just. [Same, § 4.1

1991. Penalty. 1296. If the officers of, or any person in the employ of said corporation, refuse to comply with the terms of such confirmed report, they may be punished as for a contempt of said court. [Same, § 5.]

DIVISION OF EARNINGS.

1992. Pooling; penalty. 1297. It shall be unlawful for any railway company to make any contract, or enter into any stipulation with any other railway company running in the same general direction, by which either company shall, directly or indirectly, agree to divide in any manner or proportion the joint earnings upon the whole or any part of the freight transported over such roads, and any violation of this provision shall render the railway company violating the same, liable to a penalty of five thousand dollars for each month for which such earnings are divided, to be recovered for the use of the permanent school fund in the name of the state.

1993. Drawback. 1298. Contracts between any such corporations operating a railway, allowing a drawback of not exceeding fifteen per cent. on the gross earnings of the railway on business coming from or going to any other railway, shall be legal and binding. [10 G. A., ch. 86, § 1.]

1994. Same. 1299. Any such corporation owning and operating a railroad partially constructed, may, for the purpose of inducing the investment of capital in the extention or completion of its railway, contract with the party furnishing such means, or the trustees who may represent them, allowing a drawback not exceeding twenty per cent. of the gross earnings of all business coming from and going to any part of the extention or portion to be aided or completed with the money or means thus obtained; or such railway company may lease of the trustees or said parties, the portion to be built with means thus furnished, subject to the same rights and liabilities as are provided in the next section. [Same, § 2; 14 G. A., ch. 39.]

SALE; LEASE; JOINT ARRANGEMENT.

1995. Connecting line. 1300. Any such corporation may sell or lease its railway property and franchises to, or make joint running arrangements with, any corporation owning or operating any connecting railway, and the corporation operating the railway of another, shall, in all respects, be liable in the same manner and extent as though such railway belonged to it, subject to the laws of this state. [10 G. A., ch. 86, § 4.]

Where a line of road has been built by aid of taxes and levied for that purpose, the line in aid of which the tax is voted must be operated as a whole, and a portion thereof cannot be leased and operated seperately to the injury of any locality on the line. Any railroad company availing itself of such aid assumes relations to the public different from those resulting from a mere private contract. State v. Central Iowa R. Co., 71-410.

Further as to this section, see Treadway v. Chicago & N. W. R. Co., 21351; and, in general, notes to § 1957.

1996. Mortgage. 1301. Any contract, lease or benefit derived therefrom, contemplated in either of the three preceding sections, may be mortgaged for the purpose of securing construction bonds in the same manner as other property of the corporation, [Same, § 3.]

Where a railroad has been constructed by the aid of taxes the obligation to operate it as an entire line attaches to it in the hands of a purchaser thereof at sale under foreclosure. State v. Central Iowa R. Co., 71-410.

STOCK IN NEW CORPORATION.

1997. When name or ownership changed. 1302. Where any railway company shall be organized under a corporate name, and shall have made contracts for payments to it upon delivery of stock in such company, and shall, subsequent to such contracts, have changed their corporate name, or when the real ownership in the property, rights, powers, and franchises have passed legally or equitably, into any other company, no such contracts shall be enforced in law or equity until tender or delivery of stock in such last named corporation or company.

Cases are contemplated in this section where payments are to be made to the company upon delivery of stock, and it also contemplates that the