vate schools or in other educational institutions, in hotels and lodging houses, theaters, department stores, barber shops or in such other places or buildings in the state as the state board of health may find the use therein of the common drinking cup to be inimical to the public health.

2. Any person, firm or corporation, owning or having the management or control of such railroads, buildings, schools or educational institutions or of such places or buildings in which the state board of health may find the use of the common drinking cup to be inimical to the public health, as provided in this section, violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollars nor mare than fifty dollars. (Ch. 158, 1913.)

Drinking cups, provision of; penalty. Section 1416 13m. 1. No railroad car in which any passenger is permitted to ride for more than ten miles of continuous passage in one general direction shall be operated unless there is provided for every passenger therein, at all times during such operation, opportunity to obtain a paper drinking cup not theretofore used by any person, free of charge.

2. Every day or part of a day within which any such car is operated without affording such opportunity shall constitute a separate offense.

3. Any person, copartnership, or corporation owning, operating, superintending, or managing any such car, any such person in charge of any such car, who shall be found guilty of failure to comply with the provisions of this section, shall forfeit not less than twenty-five dollars nor more than one hundred dollars.

4. Nothing herein contained shall interfere with the validity or enforcement of any rules or requirements of the state board of health. (Ch. 750, 1913.)

Sweeping in stations, cars, etc.; restrictions. Section 1418w. 1. It shall be unlawful for any person, firm or corporation to sweep, or permit the sweeping, except when vacuum cleaners or properly filled reservoir dustless brushes are used, of floors in railroad stations, in passenger cars, in any state or public building, in the public, parochial or private schools, or in other educational institutions, in hotels, department stores, where the public are invited, unless the floor is first sprinkled with water, moist sawdust, or other substance so as to prevent the raising of dust.

2. Any person, firm or corporation owning, or having the management or control of such railroad stations, state or public buildings, public, parochial or private schools, hotels, department stores, where the public are invited, who violates any of the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than fifty dollars. (Ch. 274, 1913.)

POLICE REGULATIONS RESTRICTING PASSENGERS.

Drunkenness and drinking on trains. Section 1565-1.

1.

No person shall, while intoxicated, enter or be on or remain upon, as a passenger, a train of a steam railroad or interurban railroad.

2. No person shall publicly drink any intoxicating liquor as a beverage in any smoking car, parlor car or day coach of a steam railroad or interurban railroad, or give, or cause to be given, to any other person therein, intoxicating liquor as a beverage.

Police power of conductor. Section 1565-2. The conductor of a railway train or car on any such road shall summarily arrest, with or without a warrant, any person violating any of the provisions of section 1565-1, and for such purpose shall have the same power and authority as any peace officer, including the power to summon assistance, and such conductor shall further have power to deliver any such person to any policeman, constable or other public officer of the county in which such offense was committed, and it shall be the duty of such officer to bring the person charged with such offense before the nearest justice of the peace or municipal court of the county where said offense was committed, and to make a complaint against such person. Provided, that if the car on which such arrest is made does not stop within the county within which such offense was committed, then such conductor shall deliver the person so arrested to some sheriff, constable or police officer of the county wherein such car shall first stop after such arrest, who shall deliver the person so arrested to some judge or justice of the peace of the county in which the offense was committed, for trial.

Confiscation of liquor. Section 1565-3. The conductor of any railway train may take from any person found violating any of the provisions of section 1565-1, any intoxicating liquor then in the possession of such person, and deliver the same to the nearest station agent, giving the person from whom it is taken a receipt therefor. Upon the presentation and surrender of such receipt, within ten days thereafter, such liquor shall be delivered to the person presenting same, and if not so delivered within such time shall be destroyed by such agent.

Penalty. Section 1565-4. Persons and corporations engaged wholly, or in part, in the business of carrying passengers for hire, their agents, servants or employes, who shall knowingly permit any person to drink any intoxicating liquor as a beverage in any train of a steam railroad or interurban railroad or coach, and any person violating any provisions of sections 1565-1 to 1565--4, inclusive, shall be guilty of a misde

meanor, and upon conviction, shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars, or by imprisonment in the county jail for not less than thirty days, nor more than ninety days.

Gaming in cars. Section 1817. If any railroad corporation or any agent or servant of any such corporation shall suffer any game to be played for gain or any betting or gambling by means of any game, machine, device or chance of any description whatsoever in any car, depot, station house, building or other place whatsoever within the care, custody, possession or control of such corporation, agent or servant such corporation and such agent and servant shall each forfeit not less than fifty nor more than two hundred dollars for each offense, onehalf to the use of the person prosecuting; and every such agent or servant shall have authority summarily to arrest without warrant any person found in the act of so betting or gambling in any place aforesaid and bring him before any court of competent jurisdiction or deliver him to a proper officer to be brought before such court to be dealt with according to law.

Arrest of passenger. Section 1817a. If it shall become necessary for the protection of the passengers on any railroad car from the violent, abusive, profane or indecent language or conduct of any passenger the conductor may arrest, summarily and without process, such passenger and remove and keep him in the baggage car or some other safe and secure place on such train until its arrival at some usual stopping place, when he may be put off the train and given into the custody of some proper officer for prosecution; if necessary for this purpose railroad conductors, while in charge of trains, may exercise the powers of sheriffs and constables.

Refusal to pay fare, ejection of passengers. Section 1818. If any passenger shall refuse to pay his fare it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage off the cars, on stopping the cars and using no unnecessary force, at any usual stopping place or near any dwelling house, as the conductor shall elect.

GENERAL PENALTIES FOR VIOLATION OF LAW.

Treble damages. Section 1797-25. If any railroad shall do or cause to be done or permit to be done any matter, act or thing in this act [sections 1797-1 to 1797-38, inclusive,] prohibited or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by it, such railroad shall be liable to the person, firm, or corporation injured thereby in treble. the amount of damages sustained in consequence of such violation; provided, that any recovery as in this section provided shall in no manner affect a recovery by the state of the penalty prescribed for such violation,

Violation of commission's lawful requests, penalty. Section 1797-26. Any officer, agent or employe of any railroad who shall fail or wilfully refuse to fill out and return any blanks as required by this act, [sections 1797-1 to 1797-38, inclusive.] or shall fail or refuse to answer any questions therein propounded, or shall knowingly or wilfully give a false answer to any such question, or shall evade the answer to any such question, where the fact inquired of is within his knowledge, or who shall, upon proper demand, fail or wilfully refuse to exhibit to the commission or any commissioner, or any person authorized to examine the same, any book, paper or account of such railroad, which is in his possession or under his control, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars for each such offense; and a penalty of not less than five hundred dollars nor more than one thousand dollars shall be recovered from the railroad for each such offense when such officer, agent or employe acted in obedience to the direction, instruction or request of such railroad or any general officer thereof.

General penalty for violations by railroads. Section 1797-27. If any railroad shall violate any provision of sections 1797-1 to 1797-38, inclusive, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the commission, or any judgment or decree made by any court upon its application, for every such violation, failure or refusal, such railroad shall forfeit and pay into the state treasury a sum of not less than one hundred dollars nor more than ten thousand dollars for each offense. In construing and enforcing the provisions of this section, the act, omission or failure of any officer, agent or other person acting for or employed by any railroad, acting within the scope of his employment, shall in every case be deemed to be the act, omission or failure of such railroad.

Penalty (for violation of sections 1798 to 1817). Section 1819. 1. If any railroad corporation, its officers, agents or servants, violate or fail to comply with any provisions of sections 1798 to 1817, inclusive, such corporation shall for every violation or failure, forfeit not less than ten nor more than one thousand dollars, and be liable to the person injured for all damages sustained thereby.

2. All forfeitures recovered shall inure to the state.

STREET AND INTERURBAN RAILWAYS

Street and interurban railways are also subject to the provisions of sections 1797-1 to 1797-38, inclusive; see "Railroad defined," section 1797-2, p. 57. (For sections, see index p. 163.)

FORMATION.

Formation of street railway corporations; franchises. Section 1862. Corporations for constructing, maintaining and operating street railways may be formed under chapter 86, and shall have powers and be governed accordingly. Any municipal corporation or county may grant to any such corporation, under whatever law formed, or to any person who has the right to construct, maintain and operate street railways the use, upon such terms as the proper authorities shall determine, of any streets, parkways or bridges within its limits for the purpose of laying single or double tracks and running cars thereon for the carriage of freight and passengers to be propelled by animals or such other power as shall be agreed on, with all necessary curves, turnouts, switches and other conveniences. Every such road shall be constructed upon the most approved plan and be subject to such reasonable rules and regulations and the payment of such license fees as the proper municipal authorities may by ordinance, from time to time, prescribe. Any such grants heretofore made shall not be invalid by reason of any want of power in such municipal corporation to grant, or any such railway corporation or person to take the same; but in such respects are hereby confirmed.

Forfeiture of franchise for nonuser; limitations. Section 1862h. 1. When any street railway company shall fail, for a period of five years, to operate its cars for regular passenger service over any street in any city, village, or town, upon which a franchise or permit shall have been granted it, the common council of such city, the village board of such village, or the board of supervisors of such town, may by a twothirds vote declare such franchise or permit forfeited as to the street or portion thereof so neglected; provided that tracks upon any street not exceeding two blocks, used for switching and emergency purposes, may be retained by any such company though cars are not regularly operated thereon, and providing that no such forfeiture shall be declared prior to the first day of July, 1912.

2. When any franchise or permit granted to any street rail way company contains no limitations as to the time within which the railway should be constructed, such franchise or permit shall terminate at the expiration of five years from the date