before the same day in each year thereafter, make and transmit to the commissioners appointed by virtue of this act, at their office in Springfield, 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 day of the preceding July, specifying First-The amount of capital stock subscribed, and by whom. Second-The names of the owners of its stock and the amounts owned by them, respectively, and the residence of each stockholder as far as known. Third-The amount of stock paid in, and by whom. Fifth-The names and place of residence of its officers. Sixth-The amount of cash paid to the company on account of the original capital stock. Seventh-The amount of funded debt. Ninth-The estimated value of the roadbed, including iron and bridges. Tenth-The estimated value of rolling stock. Eleventh-The estimated value of stations, buildings and fixtures. Twelfth-The estimated value of other property. Fifteenth-The length of branches, stating whether they have single or double track. Sixteenth-The aggregate length of siding and other tracks not above enumerated. Seventeenth-The number of miles run by passenger trains during the year preceding the making of the report. Eighteenth-The number of miles run by freight trains during the same period. Nineteenth-The number of tons of through freight carried during the same time. Twentieth-The number of tons of local freight carried during the same time. Twenty-first-Its monthly earnings for the transportation of passengers during the same time. Twenty-second-Its monthly earnings for the transportation of freight during the same time. Twenty-third-Its monthly earnings from all other sources respectively. Twenty-fourth-The amount of expense incurred in the running and management of passenger trains during the same time. Twenty-fifth-The amount of expense incurred in the running and management of freight trains during the same time; also, the amount of expense incurred in the running and management of mixed trains during the same time. Twenty-sixth-All other expenses incurred in the running and management of the road during the same time, including the salaries of officers, which shall be reported separately. Twenty-seventh-The amount of expenses for repairs of road and maintenance of way, including repairs and renewal of bridge and renewal of iron. Twenty-eighth-The amount expended for improvement, and whether the same are estimated as a part of the expenses of operating or repairing the road, and, if either, which. Twenty-ninth-The amount expended for motive power and cars. Thirtieth-The amount expended for station houses, buildings and fixtures. Thirty-first-All other expenses for the maintenance of way. Thirty-second-All other expenditures, either for management of road, maintenance of way, motive power and cars, or for other purposes. Thirty-third-The rate of fare for passengers for each month during the same time, through and way passengers separately. Thirty-fourth-The tariff of freights, showing each change of tariff during the same time. Thirty-fifth-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-sixth-Whether the rate of fare and tariff of freight in such published lists are the same as those actually received by the company during the same time; if not, what were received. Thirty-seventh-What express companies run on its roads and on what terms and on what conditions; the kind of business done by them, and whether they take their freights' at the depots or at the office of such express companies. Thirty-eighth-What freight and transportation companies run on its road, and on what terms. Thirty-ninth-Whether such freight and transportation companies use the cars of the railroad or the cars furnished by themselves. Fortieth-Whether the freight or cars of such companies. are given any preference in speed or order of transportation, and if so, in what particular. Forty-first-What running arrangement it has with other railroad companies, setting forth the contracts for the same. (See Sec. 168. Constitutional. See People v. C. I. & L. Ry. Co., 223 I11. 581. Articles of incorporation. Articles of incorporation, naming a city as a terminus of a railroad, is sufficient. The terminus may be at any point in said city. Gillette v. Aurora Railways Co., 228 Ill. 261. Articles of incorporation for a commercial railroad must state starting point, terminus and route. This is not required for a street railway. Gillette v. Aurora Railways Co., 228 Ill. 261. Commercial railroad defined. A corporation organized under the Railroad Act of 1872 is a commercial railroad, and is controlled and limited in its powers by the laws applying to railroads. The fact that its charter refers to it as a street railroad does not change its nature. Bradley Mfg. Co. v. Traction Co., 229 Ill. 170. A railroad company carrying passengers and also freight of all kinds from place to place in a city, and from town to town, is a commercial railroad company, although it uses the public streets. Spalding v. M. & W. I. Ry. Co., 225 Ill. 585 (590). A commercial railroad and a street railway are entirely different corporations, subject to different laws and organized under different statutes. Bradley Mfg. Co. v. Traction Co., 229 Ill. 170. A corporation cannot be organized under the Railroad Act for the purpose of operating a street railway, but the fact that a railroad company is granted the privilege of constructing tracks in a public street does not of itself make it a street railway; even where the use of the street is restricted. Gillette v. Aurora Railways Co., 228 Ill. 261. Aurora, DeKalb & Rockford Elec. Traction Co. held to be operating a commercial steam railroad. Distinctions between street railway and steam railroads considered. Wilder v. Aurora, etc., Trac. Co., 216 Ill. 493 (527). Right of Way-Acquiring-Use-Abandonment. Acquired by deed gives title in fee simple. Spierling v. Ohl, 232 Ill. 581. Ground occupied by private switch is right of way-when. Peabody Coal Co. v. N. W. "El." Ry. Co., 230 Ill. 214. Where the public have used an unenclosed portion of a railroad right of way as a highway for thirty-five years, being graded and improved by the village, with knowledge by the railroad, it is a public highway by user. Dissenting opinion. Village of Peotone v. I. C. R. R. Co., 224 Ill. 101. A bill in equity to clear a title of a grant of a right of way to a railroad, which alleges a failure to do certain things, viz.: to locate the right of way and a depot on the premises, but fails to set up facts showing that the representations made to secure the deed were false and fraudulently made, is bad on demurrer, where the relief prayed is based on fraud. Stannard v. A. E. & C. R. Co., 220 Ill. 496. The fact that a railroad company to which a right of way has been deeded has mortgaged the premises, is evidence contradicting the allegation that it has abandoned such right of way. To constitute abandonment there must be non-uses and intent to abandon; which is a question of fact. Stannard v. A. E. & C. R. Co., 220 Ill. 496. A contract for the deed of a strip of land for a right of way on certain conditions to be performed will not give the railroad title until all conditions are performed according to the terms of the contract. May be revoked for non-performance. McCormick v. C. & St. L. Ry. Co., 219 Ill. 584. An estate upon condition subsequent does not exist in a right of way where the conditions of the contract for a deed are plainly precedent, even though a deed has been delivered before the conditions have been performed. McCormick v. C. & St. L. Ry. Co., 219 Ill. 584. Contract for deed of land to be used as a railroad right of way stands on the same footing as other contracts for the sale of real estate. Littlejohn v. C. E. L. S. Ry. Co., 219 Ill. 585. Title to a strip of land for a right of way, on condition, does not pass to the company until such conditions are performed, even though deed has been delivered. McCormick v. C. & S. L. Ry. Co., 219 Ill. 584 (593). An express condition in a deed of a right of way across a farm that passage-ways shall be constructed to permit access across the tracts, will be enforced after fifty years, against another company taking possession of the railroad by foreclosure. B. & O. S. W. R. R. Co. v. Brubaker, 217 Ill. 462. A contract for deed from owner to a railroad company for a right of way is entitled to be recorded. B. & O. S. W. R. R. Co. v. Brubaker, 217 Ill. 462. That land condemned afterward becomes incorporated into a city does not change status of right of way. Dowie v. C. W. & N. S. Ry. Co., 214 Ill. 49 (52). Right of way acquired by railroad company is absolute so long as used as a right of way. Walker v. I. C. R. R. Co., 215 Ill. 610. |