SIGNALS AT HIGHWAY CROSSINGS.

2003. Bell and whistle. 20 G. A., ch. 103, § 1. A bell and a steam whistle shall be placed on each locomotive engine operated on any railway in this state, and said whistle shall be twice sharply sounded at least sixty rods before a highway crossing is reached, and after the sounding of the whistle the bell shall be rung continuously until the crossing is passed, provided that at street crossings within the limits of incorporated cities or towns the sounding of the whistle may be omitted, unless required by the council of any such city or town; and the company shall also be liable for all damages which shall be sustained by any person by reason of such neglect.

Where there is failure to ring the bell upon approaching a crossing and an injury results, such failure will be negligence for which defendant will be liable unless exonerated by some negligence of plaintiff. Reed v. Chicago, St. P., M. & O. R. Co., 74-188.

2004. Penalty. 20 G. A., ch. 114, § 2. Every officer or employe of any railway company who shall violate any of the provisions of this act shall be punished by fine, not exceeding one hundred dollars, for each offense.

STOPPING AT RAILWAY INTERSECTIONS.

2005. Full stop required; penalty. 20 G. A, ch. 163, § 1. All trains run upon any railroad in this state which intersects or crosses, or is intersected or crossed by any other railroad upon the same level, shall be brought to a full stop, at a distance not less than two hundred feet, nor more than eight hundred feet from the pont of intersection or crossing of such road, before such intersection or crossing is passed by any such train. 2006. Penalty. 20 G. A., ch. 163, 2. Every engineer violating the provisions of the preceding section shall for each offense forfeit one hundred dollars to be recovered in an action in the name of the state of Iowa, for the benefit of the school fund, and the corporation on whose road such offense is committed shall forfeit for each offense so committed the sum of two hundred dollars, to be recovered in like manner.

LIABILITY AS CARRIER.

2007. Contract or regulation limiting. 1308. No contract, receipt, rule, or regulation, shall exempt any corporation engaged in transporting persons or property by railway from liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, or regulation, been made or entered into. [11 G. A., ch. 113.]

A contract such as is prohibited by this section is void whether it is with or without consideration. Brush v. Sabula, A. & D. R. Co., 43-554.

Whether this section would be applicable to a contract made in Iowa but to be wholly performed in another state, quare; but it was held applicable to a contract to transport cattle from Clinton, Iowa, to Chicago, on the ground that it was to be partly performed in Iowa. McDaniel v. Chicago & N. W. R. Co., 24-412

A company is not prohibited from providing by contract that it shall not be liable beyond the terminus of its road. Mulligan v. Illinois Cent. R. Co., 36-181, 187.

The common law liability of a common carrier attaches to a carrier of live stock, so far as the rule is not inapplicable by reason of the peculiar

character of the property. Responsibility for the carriage of stock cannot, therefore be restricted by contract. Mc Coy v. Keokuk & D. M. R. Co.,

44-424.

A rule or custom limiting liability for injury to all stock, including such as is of especial value as being blooded, to the value of common stock is void. McCune v. Burlington, C. R. & N. R. Co., 52-600.

This section does not render the carrier liable for loss occuring by the act of the owner. Hart v. Chicago & N. W. R. Co., 69–485.

Whether a carrier, in the absence of any statute restricting his powers, can, by rule, regulation or contract, limit the amount for which he will be liable in case of loss of the property, quære. But the statutory provision prohibits the making of such contract. Ibid.

This statutory provision is applicable to contract for transportation from a point within to a point without the state; and is not unconstitutional in that respect. Ibid.

JUDGMENT LIENS.

2008. For injuries to person or property. 1309. A judgment against any railway corporation for any injury to any person or property, shall be a lien within the county where recovered on the property of such corporation, and such lien shall be prior and superior to the lien of any mortgage or trust deed executed since the fourth day of July, A. D. 1862. [9 G. A., ch. 169, ¿ 9.] Where action is brought for recovery from the company damages for breach of contract under which the right of way was conveyed to it, the judgment may be made a lien on the portion of the line conveyed. Varner v. St. Louis & C. R. R. Co., 55-677.

A judgment for damages for breach of contract by a railway company for failure to fence its right of way and construct cattle guards becomes a lien on the property of the company, but the party is not entitled to such lien for damages caused by negligent construction of the road causing an overflow of his land, nor for trespass in going upon his land outside the right of way. Hull v. Chicago, B. & P. R. Co., 65-713.

A right of action, or an action pending for such injury, is not a lien, and the purchaser of the road before the rendition of judgment takes it free from the lien of such judgment when rendered. Burlington, C. R. & N. R. Co. v. Verry, 48-458; White v. Keokuk & D. M. R. Co., 52-97.

This section is not unconstitutional.

Central Trust Co. v. Sloan, 65–655. This section means that a judgment rendered for the damages caused by an injury to the person shall be a superior lien, and in this sense damages may include the costs incurred in the inforcement of the claim. The portion of the judgment relating to costs is within the protection of the statute in the same way as the portion relating to the damages for the injury. Central Trust Co. v. Central Iowa R. Co., 38 Fed. Rep., 889.

TRANSFERS AT COUNCIL BLUFFS.

2009. Within the State. 1310. All railway corporations that have been, or may hereafter be organized, under the laws of this state, that operate or may hereafter operate, a line of railway in this state, terminating at or near the city of Council Bluffs, and making a connection with any railway, which, either by its charter or otherwise, extends to a point on the boundary or within the limits of this state, be and they are hereby prohibited from making any transfer of freights, passengers, or express matters to or with any other railway corporation at or near such terminus-either by delivering or receiving the same—at any other place than in this state, at or near the said point at which the said railway extending to the boundary of this state terminates. [14 G. A., ch. 6, § 1.]

This and following sections relating to the same subject are void as being a regulation of commerce between the states and therefore in conflict with U. S. Const, art. 1. § 8, and acts of congress, U. S. Rev. Stat., §§ 5257, 5258; Council Bluffs v. Kansas City, St. J. & C. B. R. Co., 45-338.

2010. Transfers. 1311. Every railway corporation, which, by its charter or otherwise, has its terminus at any point on the boundary or within the limits of this state, or which has authority to bridge or ferry the Missouri river for the purpose of having a continuous line of its railway, and for connecting with other railways in this state, is hereby prohibited from making any transfer of freights, passengers, or express matters to or with any other railway corporation, either by delivering or receiving the same at any other place than in this state, at or near its legal terminus; and every such corporation extending to the boundary or within this state, or having authority to bridge or ferry said Missouri river, shall erect and maintain at or near its legal terminus within the limits of this state, all its depots, stations, and other buildings necessary for such transfer. [Same, § 2.]

2011. Contracts with municipal corporations. 1312. Every railway corporation which has heretofore made, or which shall hereafter make, any contract with any municipal corporation in this state, is hereby prohibited from, in any manner, violating any of the provisions of such contract; and every railway corporation which has heretofore made, or which shall hereafter make, any contract with any municipal corporation in this state, is hereby required to perform each and all of the provisions of any and every such contract, specifically as agreed therein. In every case in which any such municipal corporation has complied with its obligations relating to such contract at any stage of the progress of its fulfillment, so far as it has agreed to do, such municipal corporation shall not be required to furnish any further tender or guaranty of compliance on its part in order to secure its rights in the courts; but in case anything remains to be done by such municipal corporation under such contract, after the completion of the same on the part of the railway corporation contracting therewith, then it shall, after the enforced compliance on the part of such corporation as hereinafter provided, be required to fully comply on its part. [Same, § 3.]

2012. Penalty. 1313. In case of a refusal of any railway corporation to comply with the provisions of section thirteen hundred and ten of this chapter |§ 2009], or its failure to perform the duties required in the preceding section, or their doing or having done any act at variance with such performance or duties, then the municipal corporation affected thereby, or with which the contract in that particular case was made, may, in an action by mandamus, in any court of record in the county in which such municipal corporation is situate, proceed against such corporation so failing or refusing, and such corporation shall, on proper proof, be required by such court to perform all the duties required by this said and the three preceding sections, and said law pertaining to mandamus shall apply in such a case with the same force that it does in all other cases, except as it is herein enlarged. [Same, $ 4.]

In the Code the word "provided" is erroneously inserted between "action" and "by" in the sixth line.]

2013. Proceedings to enforce. 1314. In case any municipal corporation affected as before stated, or with which any such contract has been made,

should not desire to seek the remedy given in the last preceding section, it may proceed in equity by the action of specific performance, in any court in the county in which such municipal corporation is situate, and in case such court should find that a contract had been made, it shall, by decree, require such company so violating or offering to violate its contract, or failing or refusing to perform the provisions thereof, to specifically perform the same. [Same, § 5.]

2014. Injunction. 1315. Any court or judge in this state to whom application shall be made, shall, at the suit of any municipal corporation as aforesaid, restrain by injunction the violation of any provisions of the five preceding sections of this chapter, or of the provisions of any contract as aforesaid; and in such proceeding, it shall not be necessary for such municipal corporation to give bond. [Same, § 6]

2015. Remedies not exclusive. 1316. The remedies provided for in the two preceding sections shall not be construed to be exclusive, and any order, judgment, or decree made by any court in pursuance of any provisions of the six preceding sections, shall be enforced in the usual manner. [Same, § 7.

ASSESSMENT AND TAXATION.

2016. Excutive Council to assess. 1317. On the first Monday of March in each year, the executive council shall assess all the property of each railway corporation in this state, excepting the lands, lots and other real estate belonging thereto not used in the operation of any railway. [14 G. A., ch. 26, § 1.]

This and the following sections relating to the taxation of railway property are not unconstitutional as providing for the taxation of the property of a corporation otherwise than that of individuals. Dubuque v. Chicago, D, & M. R. Co., 47-196.

But a former statutory provision releasing railway companies from payment of municipal taxes previously levied, held, unconstitutional. Davenport v. Chicago, R. I. & P. R. Co., 38-633.

However questionable may be the constitutionality of provisions exempting railway companies from all other burdens by the payment of a definite sum annually, whether that sum be greater or less than its share of taxation, it is clear that such an exemption does not render void the general tax levied on other property. Muscatine v. Mississippi & M. R. Co., I Dillion, 536.

The order of the board of supervisors declaring the length of the main track and the assessed value of the railroad lying within each city, town, township or lesser taxing district in the county, and transmitted to the city council or trustees of each city or incorporated town or township, becomes the basis for the levy of taxes upon the railroad property without such property being placed upon the assessment books of the township or city. Sioux. City & St. P. R. Co. v. Osceola County, 45-168.

Although these sections relate to the assessment of the right of way, which is real property, and which, according to the general law as to assessments, would be assessed only once in two years, yet they are not unconstitutional, being applicable to all railway companies. Central Iowa R. Co. v. Board of Supervisors, 67-199,

As to taxation of property not used in operating the road, and of railway bridges over the Mississippi or Missouri rivers, see § 1281.

As to taxation of railway property under former statutes, see notes to § 1281.

2017. Statement furnished. 1318. The president, vice-president, or general superintendent, and such other officers as such council may desig

nate of any corporation operating any railway in this state, shall furnish said council on or before the fifteenth day of February in each year, a statement signed and sworn to by one of such officers, showing a detail for the year ending on January the first preceding:

1. The whole number of miles owned, operated or leased in the state by such corporation making the return, and the value thereof per mile, with a detailed statement of all property of every kind, and the value, located in each county in the state.

2. Also a detailed statement of the number and value thereof of engines, passenger, mail, express, baggage, freight and other cars, or property used in operating or repairing such railway in this state; and on railways which are part of lines extending beyond the limits of this state, the return shall show the actual amount of rolling stock in use on the corporation's line in the state during the year for which return is made.

The return shall show the amount of rolling stock, the gross earnings of the entire railway, and the gross earnings of the same in this State, and all property designated in the next section, and such other facts as such council may, in writing, require. If such officers fail to make such statement, said council shall proceed to assess the property of the corporation so failing, adding thirty per cent to the assessable value thereof. [Same, §§ 2, 11; 12 G. A., ch. 196.]

2018. Assessment; valuation. 1319. The said property shall be valued at its true cash value, and such assessment shall be made upon the entire railway within the state, and shall include the right of way, road-bed, bridges, culverts, rolling-stock, depots, station grounds, shops, buildings, gravel beds, and all other property, real and personal, exclusively used in the operation of such railway. In assessing said railway and its equipments, said council shall take into consideration the gross earnings per mile for the year ending January the first, preceding, and any and all other matters necessary to enable said council to make a just and eqitable assessment of said railway property. If a part of any railway is without this state, then, in estimating the value of its rolling stock and movable property, they shall take into consideration the proportion which the business of that part of the railway lying within the state bears to the business of the railway without the state; such valuation shall be in the same ratio as that of the property of individuals. [14 G. A., ch. 26, § 3.]

The provisions of this section are applicable to railway bridges in general, but those of § 1281 apply to those therein mentioned. Missouri Valley & B. R. & B. Co. v. Harrison County, 74-283.

2019. Statement sent county auditor.

1320; 16 G. A., ch. 153. On

or before the twenty-fifth day of March in each year, said council shall transmit to the county auditor of each county through which any railway may run, a statement showing the length of the main track of such railway within the county, and the assessed value per mile of the same as fixed by a pro rata distribution per mile of the assessed value of the whole property named in the preceding section. Said statement shall be entered on the proper record of the county. [Same, § 4.]

2020. Levy and collection. 1321. At the first meeting of the board of supervisors held after said statement is received by the county auditor, they shall make and cause the same to be entered in the proper record, an order,