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Doings of the year in transportation, and total miles run. 40. Miles run by passenger trains; 41. Miles run by freight trains;
42. The rate of fare for passengers, charged for the respective classes
per 43. Number of passengers carried in cars; 44. Number of miles traveled by passengers ;
45. Number of tons of two thousand pounds of freight carried in cars ;
46. Number of miles carried, or total movement of freight in miles : all to be accurately compiled from the daily records or evidences of earnings, manifest and way bills.
47. Average rate of speed adopted by ordinary passenger trains, including stops;
48. Average rate of speed adopted by ordinary passenger trains when in motion;
49. Average rate of speed adopted by express trains including stops;
50. Average rate of speed adopted by express trains when in motion;
51. Average rate of speed adopted by freight trains, including stops ; 52. Average rate of speed adopted by freight trains when in motion;
53. Average weight in tons of two thousand pounds of passenger trains, exclusive of passengers and baggage;
54. Average weight in tons of freight trains, exclusive of freight;
55. The amount of freight, specifying the quantity in tons, of the products of the forest, of animals, of vegetable food, other agricultural products, manufactures, merchandise and other articles.
Expenses of maintaining the road or real estate of the corporation.
56. For repairs of road-bed and railway, excepting cost of iron, which shall be the cost of labor and materials used during the year; also use and cost of engines engaged in ballasting; also the renewal and repairs of gravel and stone cars, and all items of cost connected with keeping the road in order.
57. For depreciation of way; 58. Length, in feet, of iron used in renewals, with weight and cost; 59. Repairs of buildings; 60. Repairs of fences and gates; 61. Taxes on real estate; 62. Total expenses of maintaining road or real estate for the year; 63. Expenses of machinery or personal property of the corporation; 64. Repairs of engines and tenders;
65. Depreciation of engines and tenders;
71. Incidental expenses, including fuel, oil, clerks, watchmen about shops;
72. Total expenses of repair of machinery;
86. Damages to property, including damages by fire, cattle killed on road;
87. General superintendence;
90. The above statements are to be made without reference to the sums actually received or paid during the year. The following statement of the earnings and cash receipts and payments are required:
91. From passengers;
94. The above to be stated without reference to the amount actually collected.
95. Receipts during the year from freight;
102. The number of persons injured in life and limb, and the cause of the injury, and whether passengers or persons employed.
Whether any such accidents have arisen from carelessness or negligence of any person in the employment of the corporation, and whether such person is retained in the service of the corporation.
103. It shall be the duty of the state engineer and surveyor to arrange the information contained in such reports in a tabular form, and prepare the same, together with the said reports, in a single document, for printing, for the use of the legislature, and report the same to the legislature on the first day of its session in each year.
104. All the items under the heads of expenses of maintaining the road or real estate of the corporation, expenses of machiney or personal property of the corporation, expenses of use of road and machinery or operating the road, shall be carried out under two heads, the one showing the cost of freight transportation, the other, the cost of passenger transportation.
105. The provisions of this section shall apply to all existing railroad corporations; and the report of the said existing railroad corporations, made in pursuance of the provisions of this section, shall be deemed to be a full compliance with any existing law or resolution requiring annual reports to be made by such corporation.
§ 32. Any such corporation which shall neglect to make the report as is provided in the preceding section, shall be liable to a penalty of two hundred and fifty dollars, to be sued for in the name of the people, for their use.
$ 33. The legislature may, when any such railroad shall be opened for use, from time to time, alter or reduce the rate of freight, fare, or other profits upon such road; but the same shall not, without the consent of the corporation, he so reduced as to produce with said profits less than ten per centum per annum on the capital actually expended; nor unless, on an examination of the amounts received and expended, to be made by the state engineer and surveyor, and the comptroller, they shall ascertain that the net income derived by the company from all sources for the year then last past shall have exceeded an annual income of ten per cent upon the capital of the corporation actually expended.
§ 34. Any such corporation shall, when applied to by the postmaster-general, convey the mails of the United States on their road or roads respectively; and in case such corporation shall not agree as to the rate of transportation therefor, and as to the time, rate of speed, manner and condition of carrying the same, it shall be lawful for the governor of this state to appoint three commissioners, who, or a
majority of them, after fifteen days' notice in writing of the time and place of meeting to the corporation, shall determine and fix the prices, terms and conditions aforesaid ; but such price shall not be less for carrying said mails in the regular passenger trains, than the amount which such corporation would receive as freight on a like weight of merchandise transported in their merchandise trains, and a fair compensation for the post-office car. And in case the postmaster-general shall require the mail to be carried at other hours, or at a higher speed than the passenger trains are run, the corporation shall furnish an extra train for the mail, and be allowed an extra compensation for the expenses, and wear and tear thereof, and for the service, to be fixed as aforesaid.
§ 35. 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 out of the cars, using no unnecessary force, at any usual stopping place, or near any dwelling house, as the conductor shall elect, on stopping the train.
§ 36. Every such corporation shall start and run their cars for the transportation of passengers and property, at regular times, to be fixed by public notice; and shall furnish sufficient accommodations for the transportation of all such passengers and property, as shall within a reasonable time previous thereto be offered for transportation at the place of starting and the junctions of other railroads, and at usual stopping places established for receiving and discharging way passengers and freights for that train; and shall take, transport and discharge such passengers and property at, from and to such places, on the due payment of the freight or fare legally authorized therefor; and shall be liable to the party aggrieved, in an action for damages, for any neglect or refusal in the premises.
8 37. A check shall be affixed to every parcel of baggage, when taken for transportation, by the agent or servant of such corporation, if there is a handle, loop or fixture, so that the same can be attached upon the parcel or baggage so offered for transportation, and a duplicate thereof given to the passenger or person delivering the same on his behalf; and if such check be refused on demand, the corporation shall pay to such passenger the sum of ten dollars, to be recovered in a civil action; and further, no fare or toll shall be collected or received from such passenger, and if such passenger shall have paid his fare, the same shall be refunded by the conductor in charge of the train ; and on producing said check, if his baggage shall not be delivered to him, he may himself be a witness in any suit brought by him, to prove the contents and value of said baggage.
38. In forming a passenger train, baggage, freight, merchandise, or lumber cars shall not be placed in rear of the passenger cars; and if they or any of them shall be so placed, the officer or agent who so directed, or knowingly suffered such arrangement, and the conductor of the train shall be deemed guilty of a misdemeanor, and be punished accordingly.
§ 39. A bell shall be placed on each locomotive engine, and be rung at the distance of at least eighty rods from the place where the railroad shall cross any traveled public road or street, and be kept ringing until it shall have crossed such road or street; or a steam whistle shall be attached to each locomotive engine, and be sounded at least eighty rods from the place where the railroad shall cross any such road or street, except in cities, and be sounded at intervals until it shall have crossed such road or street, under a penalty of twenty dollars for every neglect of the provisions of this section, to be paid by the corporation owning the railroad, to be sued for by the district attorney of the county, within ten days after such penalty was incurred; one-half thereof to go to the informer, and the other half to the county; and said corporation shall also be liable for all damages which shall be sustained by any person by reason of such neglect, one-half of which penalty shall be chargeable to, and collected by the company, of the engineer having charge of the train, where the omission of duty consists in not sounding the whistle or ringing the bell.
$ 40. Every such corporation shall cause boards to be placed, well supported by posts or otherwise, and constantly maintained across each traveled public road or street where the same is crossed by the railroad, on the same level. Said boards shall be elevated so as not to obstruct the travel, and to be easily seen by travelers; and on each side of such boards shall be painted in capital letters, of at least the size of nine inches each, the words, “Railroad crossing, look out for the cars.” But this section shall not apply to streets in cities or villages, unless the corporation shall be required to put up such boards by the officers having charge of such streets.
8 41. If any person shall, while in charge of a locomotive engine running upon the railroad of any such corporation, or while acting as the conductor of a car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor.
§ 42. If any person or persons shall willfully do, or cause to be done, any act or acts whatever, whereby any building, construction or work of any railroad corporation, or any engine, machine or structure, or any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, the person or