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SEC. 4. [Violations of act-Penalty.]—Any railroad corporation or company violating any of the provisions of this act or failing to comply with the provisions herein contained, shall forfeit all right to do business in this state, and on application of any person feeling aggrieved, it shall be the duty of any court having jurisdiction, upon proper and satisfactory proof, to place such railroad in the hands of a receiver and proceed to wind up its business.

SEC. 5. [Same.]-In addition to the penalties in the preceding section, the principal officers of such corporation or company shall be subject to fine not exceeding one thousand dollars or imprisonment upon conviction in the penitentiary, for a term not exceeding three years.

ARTICLE VII. STREET RAILWAYS.

SECTION 1. [Railway corporations.1-Any number of persons may be associated and incorporated under the general laws of this state providing for the creation of corporations for the purpose of constructing and operating a street railroad within any of the cities of this state, upon procuring the consent of a majority of the electors of any such city as hereinafter provided. [1877 § 1, 135. Const., Art. XI, Mis. Corp. § 2.]

SEC. 2. [Articles-Record.] -Every such corporation, previous to the commencement of any business except its own organization, must adopt articles of incorporation and have them recorded in the office of the county clerk of the county in which the city within which it is proposed to construct and operate such street railroad is situated, and must procure the consent of a majority of the electors of such city as herein provided.

SEC. 3. [Same-Termini of road.]-The articles of incorporation must fix the termini of such street railroad, and state the street or streets through which it is proposed to construct and operate the same.

SEC. 4. [Submission to electors.]-The question of the consent of a majority of the electors of any such city to the constructing and operating of any such street railroad shall be determined by submitting the question to the electors of such city at an election to be held for that purpose, and of which electoin it shall be the duty of the mayor of any such city, upon the request of the common council of said city, to give at least ten days notice by publishing a notice in some newspaper published in such city, which notice shall state the termini of such proposed street railroad, and the street or streets through which it is proposed to construct and operate the same, the form in which the question shall be taken, and the time when such election will be held.

SEC. 5. [Same-Election-Proceedings.]-Every such election shall be held at the time designated in the notice, and shall be held in the same manner and at the same places as the general city elections, and the returns shall be canvassed by the council of such city at its next meeting after any such election and the result declared, and if a majority of the votes cast at such election shall be in favor of the constructing and operating such proposed street railroad, the council shall cause the city clerk to make out a certificate of the result, stating that the consent of a majority of the electors of such city has been given to the constructing and operating of such street railroad, and deliver the same to the chief officer of such street railroad company, who shall cause the same to be recorded in the office of the county clerk where the articles of association of such street railroad company are recorded, and in the same book, and such certificate shall be prima facie evidence of the facts therein stated; and thereupon, such street railroad company shall be authorized to proceed and construct and operate such street railroad, as described in its articles of association, or any portion thereof, subject to such rules and regulations as may be established by ordinances of such city.

SECS. 1-5. "An act to provide for the incorporation of street railroad companies within the cities of this state." Laws 1877, 135. Took effect June 1, 1877. This act superseding act of 1875, 294, the latter is omitted.

ARTICLE VIII.—RAILROAD COMMISSION.

SECTION 1. [State board.]-The attorney general, secretary of state, and auditor of public accounts shall constitute a board of railroad commissioners, each of whom shall have power to appoint one secretary to assist the board in the performance of their duties as such commissioners. The secretaries shall be selected respectively from the first, second, and third congressional districts, and they shall be paid each a salary of $2000 per annum. The secretaries of the board shall take the oath of office prescribed for state officers, and shall each enter into bonds, to be approved by the governor, in the sum of ten thousand dollars, conditioned for the faithful performance of their duties. [1885, chap 65.]

SEC. 2. [Duty of board.]-Said commissioners shall have the general supervision of all railroads operated by steam in this state, and shall inquire into any neglect or violation of the laws of this state, by any railroad corporation doing business therein, or by the officers, agents, or employes thereof; and shall also from time to time carefully examine and inspect the condition of each road in the state and equipments, and the manner of its conduct and management with reference to the public safety, interest, and conveniences. Whenever in the opinion of the railroad commissioners it shall appear that any railroad corporation fails in any respect or particular to comply with the terms of its charter, or the laws of this state, or whenever in their judgment any repairs are necessary upon its road, or any addition to its rolling stock, or any addition or change of its station houses or stations, or any change in mode of operating its road or conducting its business is reasonable and expedient in order to promote the security, convenience, and accommodation of the public, said railroad commissioners shall inform said railroad corporation of the improvements and changes which they adjudge to be proper, by notice in writing, to be served by leaving a copy thereof properly certified, with any station agent, treasurer, superintendent, or director of said corporation, and a report of such proceedings shall be included in the annual report of the commissioners to the governor, who shall transmit the same to the legislature. Nothing in this section shall be construed as relieving any railroad corporation from its present responsibilities or liabilities for damage to person or property. SEC. 3. [Report to governor.]-Said railroad commissioners shall, on or before the first Monday of December of each year, make a report to the governor of their doings for the preceding fiscal year, ending June 30th, containing such facts, statements, and explanations as will disclose the actual working of the system of railroad transportation in this state and its relation to the general business of the citizens of the state and such suggestions and recommendations in respect thereto as may to them seem appropriate. Said report shall also contain as to every railroad corporation doing business in this state: First.-The amount of capital stock. Second.-The amount of preferred stock, if any, and the condition of its preferment. Third.-The amount of stock paid in. Fourth.-The amount of its funded debt and the rate of interest. Fifth.-The amount of its floating debt. Sixth.-The cost and present cash value of its road and equipment, including permanent way, buildings, round houses, machine and repair shops, rolling stock, all real estate, used exclusively in operating the road and all fixtures and conveniences for transacting its business. Seventh.-The estimated value of all other property owned by such corporation with a schedule of the same, not including lands granted in aid of its construction. Eighth.-The length of single main track. Ninth.-The length of double main track. Tenth.-The number of acres originally granted in aid of construction of its road by the United States or this state. Eleventh.-The number of acres of such land remaining unsold. Twelfth.-Its monthly gross earnings for transportation of local passengers for the same time. Thirteenth.-Its monthly gross earnings for transportation of freight originating in or consigned to Nebraska for the same time. Fourteenth.-Its

ART. VIII. "An act to provide a board of railroad commissioners, to define their duties and to provide for their salaries." Took effect June 6, 1885.

monthly gross earnings from all other sources in the state. Fifteenth.-The amount of the expense incurred in running and management of passenger trains during the same time. Sixteenth.-The amount of expense incurred in running and management of freight trains during the same time; also the amount of expense incurred in running and management of mixed trains during the same time. Seventeenth. All other expense incurred in the running of the road during the same time. Eighteenth.-The amount expended for motive power, car, station houses, and fixtures. Nineteenth.-Such other statistics of the road and of its transportation business for the year as may, in the judgment of the commissioners, be necessary and proper for the information of the legislature, or as may be required by the governor. Such report shall exhibit and refer to the condition of such corporation on the first day of July of each year, and the details of its transportation business transacted during the year ending June 30th.

SEC. 4. [Meetings of board-Duties-Reports from companies.] --The board shall enter upon the discharge of its duties within ten days after this act becomes a law and shall hold its sessions in the capitol at Lincoln, or at such other place as duty shall require, and by the most thorough investigation and closest application inform itself respecting the general business of railroading, the cost of the construction of railroads, the present value thereof, the cost of operating them and all the minutiae of the profits and losses of the business; and every railroad company incorporated or doing business in this state, or which shall hereafter become incorporated or do business under any general or special law of this state, shall on or before the first day of September, in the year of our Lord one thousand eight hundred and eighty-five, and on or before the same day in each year thereafter, make and transmit to the board created by virtue of this act at their office in Lincoln, a full and true statement under oath of the proper officers of said corporation of the affairs of their said corporation, as the same existed on the first of the preceding July, specifying: First.-The amount of capital stock subscribed. Second. The amount of stock paid in. Third. The amount of its assets and liabilities. Fourth.-The name and place of residence of its officers. Fifth.-The amount of funded debt. Sixth.-The amount of floating debt. Seventh.-The estimated value of each road bed, including iron and bridges. Eighth.-The estimated value of rolling stock. Ninth. The estimated value of stations, buildings, and fixtures. Tenth.-The estimated value of other property. Eleventh.-The length of single main track. Twelfth.-The length of double main track. Thirteenth.-The length of branches, stating whether they have single or double tracks. Fourteenth.-The aggregate length of sidings and other tracks not above enumerated. Fifteenth.-The number of miles run by passenger trains during the year preceding the making of the report. Sixteenth.The number of miles run by freight trains during the same period. Seventeenth. The number of tons of through freight carried during the same time. Eighteenth. -The number of tons of local freight carried during the same time. Nineteenth. -Its monthly earnings for the transportation of passengers during the same time. Twentieth. Its monthly earnings for the transportation of freight during the same time. Twenty-first.-Its monthly earnings from all other sources respectively. Twenty-second.-The amount of expense incurred in the running and management of passenger trains during the same time. Twenty-third.-The amount of expense incurred in the running and management of freight trains during the same time, also the amount of expenses incurred in the running and management of mixed trains during the same time. Twenty-fourth.-All other expenses incurred in the running and management of the road during the same time. Twenty-fifth.-The amount expended for repairs of road and maintenance of way, including repairs and renewal of bridges and renewal of iron. Twentysixth. The amount expended for improvements. Twenty-seventh.--The amount expended for motive power and cars. Twenty-eighth. The amount expended for station house, building, and fixtures. Twenty-ninth.-All other expenditures for management of road, maintenance of way, motive powers, and cars. Thirtieth.

-The rate of fare for passengers in this state for each month. Thirty-first.-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-second.— What express companies run on its roads, the kind of business done by them, and whether they take their freights at the depots or at the offices of such express companies. Thirty-third.-What freight and transportation companies run on its road. Thirty-fourth.-Whether such freight and transportation companies use the cars of the railroad or the cars furnished by themselves. Thirty-fifth.— Whether the freight or cars of such companies are given any preference in speed or order of transportation, and if so, in what particular.

SEC. 5. [Office.]—Said commissioners shall hold their office at the capitol of the state.

SEC. 6. [Expenses and salaries.]-The expenses of said commissioners and salaries of said secretaries shall be paid quarterly from the treasury out of the general fund.

SEC. 7. [Secretaries.]-No person in the employ of any railroad corporation, or holding stock in any railroad corporation shall be employed as secretary.

SEO. 8. [Power of board.]-The said commissioners shall have power in the discharge of the duties of that office, to examine the books, papers, documents, or tariff schedules of any such corporation, or to examine under oath or otherwise, any officer, director, agent, or employe of any such corporation; they are empowered to issue subpoenas and administer oaths in the same manner and with same power, to enforce obedience thereto in the performance of their said duties. as belong and pertain to the courts of law in this state; and any person who may wilfully obstruct said commissioners in the performance of their duties, or who may refuse to give any information within his possession that may be required by said commissioners, within the line of their duty, shall be deemed guilty of a misdemeanor and shall be liable, on conviction thereof, to a fine not exceeding one thousand dollars; the cost of such subpoenas and investigation to be first paid by the state on the certificate of said commissioners.

SEC. 9. [Prosecutions.]—It shall be the duty of the governor, on the request of said commissioners, to direct the district or county attorney of the proper district or county, or the attorney general of the state to institute and prosecute any and all suits and proceedings for a violation of this act, or any law of the state concerning railroad or railroad corporations.

SEC. 10. [Complaints by citizens of the state-Unreasonable charges, etc.]--It shall be the duty of said board of commissioners when any complaint under oath shall be made to them by any citizen of this state of any unreasonable charges made by any railroad company for the performance of any service as such railroad company, or of any discrimination exercised or authorized by any such railroad company, or of any matter or thing wherein the said railroad company shall be charged with the violation of any law of this state, said board shall investigate the cause of such complaint with all the facts and statements of the parties concerned, and if upon such investigation it shall appear to such commissioners that there is probable cause for such complaint, they shall notify the railroad company so complained of, of the matter of such complaint, and shall suggest what in their opinion is equitable and just in the premises, and if such railroad companies do not agree with such recommendation or suggestion of said board, the railroad company shall at once notify such board in writing to that effect, and such board shall then appoint a day for hearing of the matter of such complaint, and if upon said hearing they shall again make a recommendation to such railroad company of what in their judgment shall be proper and just to be done in the premises, and if such railroad company shall refuse or neglect to comply with the recommendation of such board, then said board shall cause said complaint to be filed with the clerk of the district court in the county wherein such complaint arose, and the same shall stand

therein as information, which it shall be the duty of the district or county attorney to prosecute at the term of the district court, wherein said complaint shall be filed, holden next after the filing of said complaint, and if a verdict of guilty on such trial shall be returned by the jury against said railroad company, they shall be deemed guilty of a misdemeanor and shall forfeit and pay such sum not exceeding ($1,000) one thousand dollars, as the court shall deem proper and just, together with all costs of the entire proceedings from the time of filing such complaint with the board of railroad commissioners.

SEC. 11. (Accidents.]-Upon the occurrence of any accident upon any railroad which shall result in bodily harm or loss of life either to passenger, employe, or other person, the corporation operating the road upon which the accident occurred, shall give immediate notice thereof to the railroad commissioners, whose duty it shall be to investigate the same and properly report to the governor the extent of the personal injury or loss of life, and whether the same was the result of mismanagement or neglect of the corporation that operated the line on which the injury or loss of life occurred.

SEC. 12. [Construction of statute.,-In the construction of this act, the phrase "railroad" shall be construed to include all railroads and railways operated by steam, and whether operated by the corporations owning them or by other corporations, or otherwise. The phrase "railroad corporations" and "railroad companys" shall be construed to mean the corporation, or company, or individual that maintains or operates a railroad operated by steam power.

SEC. 13. [Quorum of board.]-A majority of said board of commissioners shall constitute a quorum for the transaction of all business.

SEC. 14. [Action not barred.]-Nothing in this act shall be construed to stop or hinder persons or corporations from bringing suit against any railroad company for any violation of any of the laws of this state for the government of railroads.

SEC. 15. [Power of secretaries.]-To carry out the provision or this act without undue burden to the state officers who compose the board of commissioners, their secretaries are hereby empowered in all matters of examinations or investigations, to perform the duties prescribed for the board themselves; Provided, That in final judgments, or in the fixing or changing of rates, shall only be done by the board themselves.

ARTICLE IX.-PASSENGER RATES.

SECTION 1. [Charges for transportation.]-It shall be unlawful for any railroad corporation operating a railroad east of the 101st meridian in this state, to charge, collect, demand, or receive for the transportation of any passenger, including baggage not exceeding one hundred and fifty pounds in weight, on any train over its line of road, a sum exceeding the rates herein prescribed, as follows: Railways to be known as class "A" being those that earn in this state $4,000 or upwards per mile per annum, gross earnings, three (3) cts. per mile. Railways to be known as class "B" being those that earn less than $4,000 per mile per annum, gross earnings, three and a half (3) cts. per mile; Provided, That the gross earnings herein provided shall be construed as the gross earnings per mile from all sources of any railroad corporation computed upon the main line mileage of the entire system of such railroad corporation in this state, its branches, extensions, and lines leased or operated; Provided, That the rate per mile from the 101st meridian to the western boundary of the state, shall not exceed four cents. [1885, chap. 64.]

SEC. 2. [Same-Children.]-Said railroad corporation shall not charge, collect, demand, or receive within the limits above specified for the transportation of any child under ten years old in the care or control of any passenger on any train, a sum exceeding one-half of the rates prescribed in section one of this act.

"An act to regulate railroad corporations in their transportation of passengers and baggage, and to fix a maximum rate of charges, and to provide a penalty for the violation thereof." Took effect June 6, 1885.

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