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STREET RAILWAY COMPANIES.

INTRODUCTORY.
CONSTITUTIONAL PROVISION_City's CONSENT.
STATUTES AS TO.
INJUNCTION AGAINST.
SPECIAL Assessment AGAINST.
MANDAMUS AGAINST.
ORDINANCES AS TO.
CONTRACTS OF.
MUELLER CERTIFICATES.
POWERS AND DUTIES OF.
FARES AND TRANSFERS.
FRANCHISES AND GRANTS,
ABUTTING OWNERS.
CONDEMNATION BY.
MISCELLANEOUS RULES AS TO.

Introductory.

Street railway corporations are organized under the General Incorporation Act and by their charter are given power to construct and operate street railways. The Horse and Dummy Act under which such companies were formerly organized was repealed in 1899, on the passage of the Act as to Street Railways. (Chapter 131a.-Hurd.)

City consent required.

§ 4. No law shall be passed by the General Assembly granting the right to construct and operate a street railroad within any city, town or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.

Corporation act. (Chap. 32.)

Location of street railroads—Consent.) § 28. Nothing in this act shall be construed to allow the construction or operation of any street railroad in any city, town or incorporated village, without the consent of the local authorities thereof.

AN ACT entitled “An act in regard to street railroads,” and to repeal certain acts herein referred to. (Approved and in force March 7, 1899. L. 1899, p. 331 ; Legal News Ed., p. 284.

1. Eminent domain.) 8 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any company which has been or shall be incorporated under the general laws of this State, for the purpose of constructing, maintaining or operating any horse, dummy or street railroad or tramway, may enter upon and appropriate any property necessary for the construction, maintenance and operation of its road, and all necessary siding, sidetracks and appurtenances, and may, subject to the provisions contained in this act, locate and construct its road upon or over any street, alley, road or highway, or across or over any waters in this State in such manner as not to unnecessarily obstruct the public use of such street, alley, road or highway, or interrupt the navigation of such waters: Provided, Every such street railway may be operated by animal, cable, electric or any other motive power that may have been or shall hereafter be granted to it by the proper public officers or authorities except steam locomotive engines.

2. Compensation for property taken or damaged.) § 2. When it is necessary for the construction, maintenance or operation of such road, or the necessary sidings, sidetracks or appurtenances, to take or damage private property, the same may be done, and the compensation therefor may be ascertained and made in the manner which may be then provided by laws for the exercise of the right of eminent domain.

3. Location of road-Consent-Notice-Damages.) § 3. No such company shall have the right to locate or construct its road upon or along any street or alley, or over any public ground in any incorporated city, town or village, without the consent of the corporate authorities of such city, town or village, nor along any road or highway, or upon any public ground without any incorporated city, town or village, except upon the consent of the county board. Such consent may be granted for any period, not longer than twenty years, on the petition of the company, upon such terms and conditions, not inconsistent with the provisions of this act, as such corporate authorities or county board, as the case may be, shall deem for the best interests of the public: Provided, No such consent shall be granted unless at least ten days' public notice of the time and place of presenting such petition shall have first been given by publication in some newspaper published in the city

or county where such road is to be constructed, and except upon the condition that the company will pay all damages to owners of property abutting upon the street, alley, road, highway or public ground, upon or over which such road is to be constructed, which they may sustain by reason of the location or construction of the road; the same to be ascertained and paid in the manner provided by law for the exercise of the right of eminent domain.

4. Control of streets reserved—Police power.) 4. Every grant to any such company of a right to use any street, alley, road, highway or public ground shall be subject to the right of the proper authorities to control the use, improvement and repair of such street, alley, road, highway or public ground, to the same extent as if no such grant had been made, and to make all necessary police regulations concerning the management and operation of such railroad, whether such right is reserved in the grant or not.

5. Repeal.) § 5. That an act entitled, “An act in regard to horse and dummy railroads,” approved March 19, 1874, and in force July 1, 1874; an act entitled, “An act to amend the title and Sections one (1) and three (3) of an act entitled, 'An act in regard to horse and dummy railroads,

railroads,'” approved June 9, 1897, and in force July 1, 1897, and all acts or parts of acts inconsistent herewith are hereby repealed. (See Blair v. Chicago, 201 U. S. 400.)

6. Emergency.) § 6. Whereas, the public interests require that this act take effect immediately, therefore an emergency exists, and this act shall take effect and be in force from and after its passage. Vestibules for motormen and conductors.

AN ACT to provide screens or vestibules for motormen and conductors on the street railway cars, and for a penalty for a violation of this act. (Approved May 11, 1903. In force July 1, 1903. L. 1903, p. 289; Legal News Ed., p. 274.

8. Cars to be provided with screen or vestibule during certain months.) § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every cable, grip, electric, horse or other street car, other than trail cars, which are attached to motor cars, shall be provided during the months of November, December, January, February and March of each year, at both ends with a screen or vestibule constructed of glass or other material, which shall fully and completely protect the driver or motorman or gripman

or conductor or other persons stationed on both ends and guiding and directing the motor power by which they are propelled from wind and storm.

9. Penalty.) § 2. Any person, agent or officer of any association or corporation violating the provisions of this act shall, upon conviction, be fined in any sum not less than $25 nor more than $100 for each day each car belonging to and used by any such person, association or corporation is directed or permitted to remain unprovided with the screen required in Section 1 of this act; and it is hereby made the duty of the prosecuting attorney of each county in this State to institute the necessary proceedings to enforce the provisions of this act. Special assessment against.

A special assessment requiring abutting owners to pay the "entire cost of paving a street is valid, although a street railway is required by the ordinance granting it a franchise, to pave a space eight feet in width, where the evidence shows no tracks had been laid before the assessment was levied.

Estate of Uhlich v. City of Chicago, 224 Ill. 402. Land or lots owned by street railway company but not part of its right of way are subject to special assessment in same manner as lots owned by individuals.

Chicago U. T. Co. v. City of Chicago, 207 Ill. 544. Special assessment of street railway company will not be collectible, where the franchise of the company specifies certain payments to be made by such company in case of paving or other improvements. Three judges dissent.

W. C. St. Ry. Co. v. City of Chicago, 178 III. 340. A special assessment may be levied against the right of way, etc., of a street railway company for paving between the tracks-when.

Uhlich v. Chicago, 224 Ill. 402.
Harris v. Macomb, City of, 213 I11. 47.
Jones, v. Chicago, 206 III. 374.
Lake St. “L” Co. v. Chicago, 183 Ill. 75.
C. T. T. Co. v. Chicago, 178 III. 429.
C. R. I. & P. Ry. Co. v. Moline, City of, 158 III. 64.
W. C. St. Ry. Co. v. City of Chicago, 178 Ill. 339.
C. & P. St. Ry. Co. v. City of Chicago, 176 Ill. 501.

Rules as to levying special assessment of land owned by street railway company and used for car barns.

Chicago U. T. Co. v. City of Chicago, 207 III. 544.

Mandamus against.

Mandamus will lie to compela street railway company to lower tunnel in river.

W. C. St. Ry. Co. v. People, 214 Ill. 9.

Chicago v. Chicago Tel. Co., 230 III. 157. Mandamus will lie at suit of any citizen to compel a street railway company to comply with all the conditions of the ordinance granting it a franchise.

People v. Suburban R. R. Co., 178 III. 594. Mandamus lies to compel a street railway company to sell tickets at the same rate over a portion of its line, where it has refused to give rates offered at other points—when.

People v. Suburban R. R. Co., 178 Ill. 594.

Injunction against.

Against obstruction of highway by railway-when-when not.

Roloson v. Barnett, 243 Ill. 130.

Hill v. St. L. & N. E. Ry. Co., 243 Ill. 344. An injunction will not lie to restrain the construction of a street railway under license from a city, but lies against a steam railroad.

Wilder v. Aurora, etc., Trac. Co., 216 I11. 493 (527). Injunction will lie to prevent building a street railway over private land—when.

Russell v. C. & M. Elec. Ry. Co., 205 Ill. 155 (167). Injunction will not lie to enjoin construction of street railway on ground it will injure abutting property or is illegally being built; owners having remedy for damages at law.

General Elec. Ry. Co. v. C. & W. I. Ry. Co., 184 III. 588.

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