or for both, in any city, town or place in this State, with the necessary officers, and rooms convenient for the same and appurtenances thereto, and for that purpose may make and sign articles in which shall be stated the number of years not to exceed fifty, the same is to continue, the city, town or place in which the same is to be located, and the amount of the capital stock of said company which shall not exceed fifty million dollars, the amount of each share of stock, the name and place of residence of its directors, which shall not be less than five nor exceed fifteen, who shall manage its affairs for the first year and until others are chosen in their place, and shall also state the amount of stock taken by each subscriber.

NOTE.-See, in this connection, section 50 of the Public Utilities Commission Law, pertaining to the power of the Comission to compel the erection of additions and new structures and the making of necessary repairs and alterations. Ante, 50. See Terre Haute & I. R. Co., v. Peoria & P. U. R. Co., 167 Ill. 296 Affg. 61 Ill. App. 405 decided under prior Act.

265. Articles of Association.

§ 2. Any association of persons or corporations desiring to become incorporated under the provisions of this Act shall present the articles of association to the Circuit Court of the county in which such city or place is, or to the judge thereof in vacation, with the petition from such members for a certificate of incorporation under the provisions of this Act, to which petition shall be appended a certificate of at least two railroad companies who have tracks leading into said city, town or place, stating its public utility and that they expect to make arrangements for its use when it shall be constructed, signed by the president of their respective companies.

266. Certificate of Incorporation.

3. If the Circuit Court, or any judge thereof in vacation, shall be satisfied that said certificate has been signed by such companies, then the said court or judges, upon filing the said petition, articles and certificate aforesaid, with the clerk of the court, shall grant to the said association a certificate of incorporation, which may be in the following form, to-wit:

WHEREAS, A, B and C, etc. (stating the names), have filed in the office of the clerk of the Circuit Court their articles of association, in compliance with the provisions of an Act entitled, "For an Act for the formation of corporations for the purpose of constructing, maintaining and operating union depots and to repeal 'An Act authorizing the formation of union depots and stations for railroads in this State,' approved April 7, 1875, in force July 1, 1875, approved (stating day of approval), with their petition of incorporation, under the name and style of ; they are therefore hereby declared a body politic and corporate, by the name and style aforesaid, with all the powers, privileges and immunities granted in the Act above named. By order of the Circuit Court (or judge thereof).

Clerk of the Circuit Court of.

Attest.

And thereupon, upon filing the same, or a certified copy thereof, in the office of the Secretary of State, and upon payment of incorporation fees, the said association, from the time of such filing, shall be a corporation under the laws of this State.

267. Corporate Powers Defined-Provisos and Limitations.

§ 4. Every corporation formed under this Act, in addition to the general powers conferred by the laws of the State in relation to corporations, shall have power:

First-To take and hold such real estate as it may acquire either by conveyance to such corporation, or such as it may acquire under the provisions of this Act by condemnation, and which shall be necessary for the transaction of its business.

Second-To take, occupy and condemn any land and real estate, or any interest therein needed for the establishment of such union station or depot, and necessary approaches thereto, and the same proceedings shall be had therefor as are now or may hereafter be provided by law concerning the condemnation of lands, for or by railroad companies in this State, so far as such laws are applicable to the purposes of this Act; and when so

condemned, the said land, and any interest therein, shall belong to such corporation for the purposes of this Act: Provided, that nothing in this Act shall be construed to authorize the condemnation of depot grounds of any railroad which is not of the same gauge as those joining in the petition: Provided, further, that none of the provisions of this Act relating to the condemnation of lands shall extend to any land or lands to which any municipal corporation has title.

Third-With the consent of the corporation authorities of the city, town or place in which said station or depot is to be constructed, to have the right to lay the necessary track or tracks over, upon or under such streets or roads of said city, town or place as may be necessary to make the necessary connections with railroads proposing to use said union depot and may, with such consent, also construct such station or depot under, over or upon any such streets or roads: Provided, that all injury, if any, that may be occasioned to the property fronting on any streets or roads, by the laying of any railroad track or the location of any depot upon such streets or roads, under the provisions of this Act, shall be assessed and the assessment paid into the city treasury to the use of the owners of the property so injured by the corporation so appropriating such streets or roads, before such corporation shall have the right to lay any track or locate any depot over, under or upon such streets or roads.

NOTE.-See sections 45 and 46 of the Public Utilities Commission Law relative to track connections. Ante, 45, 46.

"Fourth

Paragraph 4 of section 4 of the Union Depot Act reads as follows: -From time to time to borrow such sums of money as maye be necessary for the construction, completion and furnishing or repairing of such station or depot, and to issue or dispose of their bonds for such amounts at such prices as they shall think proper, and to mortgage their corporate property and franchises for the purpose of securing the same." This paragrah is annulled by virtue of the provisions of the Public Utilities Sommission Law relative to the creation of indebtedness and the issuance of bonds. (Public Utilities Commission Law, Secs. 20, 21.) Ante, 20, 21. See also the provision pertaining to additions and new structure. (Public Utilities Commission Law, Sec. 50.) Ante, 50.

Fifth-To open, from time to time, books of subscription to the remainder of the capital stock not taken by the subscribers to the articles of association. The General Assembly shall have power to enact, from time to time, laws to prevent and correct abuses and to prevent unjust discrimination and extortions in the management and prosecution of the business of any corporation formed under this Act and to enforce such laws by adequate penalties.

NOTE. See sections 39, 41, 42 and 43 of the Public Utilities Commission Law, relative to discrimination and to power of the Commission to fix rates and regulations. Ante, 39, 41, 42, 43.

§ 5. After the directors named in the articles of incorporation shall have served for one year, there shall be an annual election of directors, to be conducted in the manner prescribed in the Constitution of this State. The directors so elected shall serve for the ensuing year and notice of such election, appointing a time and place, shall be given by the directors as originally constituted for the first annual election, and thereafter by their successors in office, which notice shall be published not less than twenty days previous thereto in some newspaper published in the English language, in the city, town or place in which said station or depot is located.

269. No Discrimination.

§ 6. There shall be no discrimination against or in favor of any railroad company using or desiring to use the said union depot, but the terms, conditions and regulations adopted for the use of the same shall be, so far as practicable, uniform, and apply alike to all railroads using or desiring to use said union depot.

§ 7. An Act authorizing the formation of union depots and stations for railroads in this State, approved April 7, 1875, in force July 1, 1875, be and the same is hereby repealed.

XXI. MALICIOUS MISCHIEF, ETC.

AN ACT entitled, "An Act to punish persons for wilful injury to lines, poles and other apparatus used in transmitting or carrying electric current or messages." [Approved June 5, 1909. In force July 1, 1909. L. 1909, p. 177.] (Hurd's Revised Statutes, 1917, Ch. 38, Secs. 186, 187, 188, 189, 190, 191, 193, 242, 402.)

271. Malicious Mischief to Railroads.

§ 186. Whoever wilfully, and maliciously, displaces or removes, any switch, signal, or rail of any railroad, or displaces, or removes, any signal or signal-light, from any bridge that is built across any navigable stream in this State, or breaks down, rips up, injures or destroys any track bridge or other portion of any railroad, or places obstructions thereon, or places any false signal upon or along the line of any railroad track, or upon any bridge built across any navigable stream in this State, or does any act to any engine, machine or car of such railroad, with intent that any person or property being or passing on or over such railroad, or over or through, or under such bridge built across any navigable stream of this State, should be injured thereby, shall be imprisoned in the penitentiary not less than one year nor more than five years. Or if in consequence of any such act done with such intent, any person being or passing on or over such railroad, or over, through or under such bridge, built across any navigable stream of this State, suffers any bodily harm, or any property is injured, the person so offending, shall be imprisoned in the penitentiary not less than three nor more than ten years, and if in consequence of any such act, done with such intent, any person is killed, the person so offending, shall be deemed guilty of murder and punished accordingly. [As amended by Act approved May 31, 1879. In force July 1, 1879. L. 1879, p. 118.]

AN ACT to punish persons for removing waste, lubricated packing or other material from the journal boxes of engines, tenders or cars without authority. [Approved June 11, 1897. In force July 1, 1897. L. 1897, p. 203.]

272. Penalty for Removing Lubricated Packing, Etc.

§ 186a. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any person who shall maliciously remove any waste or lubricated packing or other material from the journal box or boxes of any railway engine, or tender, or any passenger coach, freight or railway car, owned, used or operated by any railroad company, person, corporation or receiver, upon any railroad in this State, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not more than one hundred dollars, or by imprisonment in the county jail for not less than ten nor more than thirty days, or by both such fine and imprisonment.

§ 187. If any two or more persons shall conspire or combine to break down, take up, injure or destroy any railroad track, or railroad bridge, or to burn or destroy any engine, engine house, car house, machine shop, or any other building or machinery necessary to the free use of any railroad, every such person shall be punished by imprisonment in the penitentiary not less than two nor more than five years. [2d L. 1861, p. 8, § 1.]

274.

Obstructing Train Laden with Munitions of War, Troops, Etc.

§ 188. If any two or more persons shall attempt to prevent the passage of any railroad train, carrying any provisions, troops or munitions of war, for the use or in the employment of this State or of the United States, by any violence or offer of violence, or shall assemble themselves together for that purpose, or if any person shall induce, entice or persuade, or attempt to induce, entice or persuade any other person to do so, such persons, and each of them, shall be imprisoned in the penitentitary not less than one nor more than ten years. [2d L. 1861, p. 8, § 2.]

275. Attempting Injury to Railroads.

$ 189. Whoever shall maliciously make any attempt, although the same may not succeed, to place obstructions on any railroad track, to burn, blow up, or destroy any railroad bridge, or in any other way prevent the free and safe passage of trains on any railroad, shall be imprisoned in the penitentiary not less than one nor more than ten years. [2d L. 1861, p. 8, § 3.] 276. Influencing Others to Injure Railroads.

§ 190. Whoever shall maliciously hire, persuade or induce, attempt to hire, induce or persuade any person to burn or in any way injure or destroy any railroad bridge, to take up, injure or destroy or obstruct any railroad track, or any machine shop, engine house, power house, substation, engine or car, or to remove, loosen, cut, injure or destroy any railroad wires or insulators or to make any connection or contact with or cast any object upon any railroad wires, or remove, destroy, loosen or injure or burn any railroad poles or other machinery or property necessary for the operation of any railroad, shall be imprisoned in the penitentiary not less than one nor more than ten years. [As amended by Act approved June 7, 1911. In force July 1, 1911. L. 1911, p. 290.]

277. Railroad Engineers, Etc.

§ 191. Any engineer or person having charge of and running any railroad engine or locomotive who shall wilfully or unnecessarily kill, wound or disfigure any horse, cow, mule, hog or other useful animal shall, upon conviction, be fined in a sum not less than the value of the property so killed, wounded or disfigured and confined in the county jail for a period of not less than ten days; and any such engineer who shall wantonly or unnecessarily blow the engine whistle so as to frighten any team shall be liable to a fine of not less than $10 nor more than $50.

278. Injuring or Destroying Baggage.

§ 193. If any baggage master, express agent, stage driver, hackman or any other person, whose duty it is to handle, remove or take care of trunks, valises, boxes, packages or parcels, while loading, transporting, unloading, delivering or storing the same, whether or not in the employ of a railroad. steamboat or stage company, shall wantonly or recklessly injure or destroy the same, he shall be fined not exceeding $200.

§ 242. If any person shall purchase or receive for sale from any other person any link, pin, bearing, journal or other article of iron, brass or other metal which has been manufactured and is used exclusively for railroad purposes, and which shall have stamped thereon the name of some railroad company, or the initial letter thereof, without the consent in writing of the president, general manager or general superintendent of such railroad company, such person shall be fined in a sum not less than $100 nor more than $500, and be imprisoned not less than ten days nor more than ninety. 280. Offense Committed on Railroad Car or Water Craft.

When any offense is committed in or upon any railroad car passing over any railroad in this State, or any water craft navigating any of the waters with this State, and it cannot readily be determined in what county the offense was committed, the offense may be charged to have been com mitted and the offender tried in any of the counties through or along or into which such railroad car or water craft may pass or come, or can rea sonably be determined to have been on or near the day when the offense was committed.

AN ACT to revise the law in relation to criminal jurisprudence. [Approved March 27, 1874. In force July 1, 1874.] (Hurd's Revised Statutes, 1917, Ch. 38, Secs. 41, 77.)

§ 41. If any company, association or person owning, controlling or operating a railroad shall refuse or neglect to dig up and destroy, or take other certain means of exterminating Canada thistles and other noxious weeds that may at any time be growing upon the right-of-way or other lands of such roads, or appertaining thereto, they shall be fined for each offense not less than $50 nor more than $200; the fine to be paid as in the preceding section. [L. 1869, p. 326, § 1, 2.]

*

*

282. Theft of Railroad Ticket.

*

§ 77. Whenever any person in the employ of any railroad company, whether such company is incorporated by this or any other state, shall fraudulently neglect to cancel or return to the proper officer, company or agent, any coupon or other railroad ticket or pass, with the intent to permit the same to be used in fraud or injury of any such company, or if any person shall steal or embezzle any such coupon or other railroad ticket or pass, or shall fraudulently stamp, or print, or sign any such ticket, coupon or pass, or shall fraudulently sell or put in circulation any such ticket, coupon or pass, the person so offending shall be punished by imprisonment in the penitentiary for the term of one year. [L. 1859, p. 154, § 2.]

AN ACT to punish the crime of stealing or malicious removal of journal bearings, fixtures or attachments, from locomotives, tenders, freight or passenger cars. [Approved June 1, 1899. In force July 1, 1889. L. 1889, p. 115.] (Hurd's Revised Statutes, 1917, Ch. 114, Sec. 204.)

283. Removal of Journal Bearings, Etc.-Penalty.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any person or persons who shall remove, take, steal, change, add to, take from, or in any manner interfere with any journal bearings or brasses, or any of the parts or attachments or any locomotive, tender or cars or any fixture or attachment belonging to, connected with, or used in operating any locomotive, tender or car owned, leased or used by any railroad or transportation company in this State, shall be subject to punishment by imprisonment in the penitentiary not less than one, nor more than five years, in the discretion of the court or jury before whom the case is tried: Provided, that upon a plea of guilty being entered, the court may fix the penalty prescribed herein: Provided, further, that if the removal of such journal bearings or brasses, fixtures or attachments as aforesaid, shall be the cause of wrecking any train, locomotive or other car in this State whereby the life or lives of any person or persons shall be lost as a result of the felonous or malicious stealing, interfering with, or removal of the fixtures aforesaid, the person or persons found guilty thereof shall be liable for murder as in other cases.

283a. Passes.

NOTE. The following Act has been held to be unconstitutional and void: "An Act to prevent buying, selling or fraudulently using passes upon railroads, steamboats or other public conveyances," approved June 10, 1897, in force July 1, 1897. See Allardt v. People, 197 Ill., 501.

283b. San Jose Scale.

AN ACT of the General Assembly entitled, "An Act to prevent the introduction and spread in Illinois of the San Jose scale and other dangerous insects and contagious diseases and fruits," approved and in force April 11, 1899, has been expressly repealed. See Hurd's Revised Statutes, 1917, Ch. 127a, Sec. 7.