after having power under its charter, or under any special or general law of the State of Illinois to construct or operate telephone lines or exchanges in or through Illinois, shall possess the powers and privileges and be subject to the duties, restriction and liabilities prescribed in this Act.

398. Acts as to Injuring Property Applies to Telephone Lines.

§ 2. All Acts now or hereafter in force relating to the injuring, molesting or destroying any part or parts of any telegraph line, wire or cable, pole, pier, abutment, or any material or property or effects belonging thereto, and to the cutting, damaging, breaking, tapping, or making any unlawful connection with any telegraph line, wire, cable or instrument, shall apply to such telephone lines and exchanges, with the fines, penalties, judgments and punishment provided in such Acts applicable to telegraph companies or their lines or property.

399. When Lines Erected Over Steam or Electric Railroad-Penalty.

§ 3. Whenever the lines or cables of any such company are erected or constructed over the rails of any steam or electric railroad within the State of Illinois, such company shall maintain such wires or cables not less than twenty-five (25) feet above the surface of the rails. Any failure or refusal so to do shall render such company liable to a fine of not more than fifty dollars ($50) for each offense, to be recovered upon conviction thereof before any court of competent jurisdiction. All fines collected by virtue of this Act shall be paid into the common school fund of the township in which the offense is committed.

400. Eminent Domain.

§ 4. Every such company may, when it shall be necessary for the construction, maintenance, alteration or extension of its telephone system, or any part thereof, enter upon, take or damage private property in the manner provided for in, and the compensation therefor shall be ascertained and made in conformity to, the provisions of "An Act to revise the law in relation to telegraph companies," approved March 24, 1874, and in force July 1, 1874, and every such companies [company] is authorized to construct, maintain, alter and extend its poles, wires, cables and other appliances as a proper use of highways, along, upon, under and across any highway, street, alley, water or public ground in this State, but so as not to incommode the public in the use thereof: Provided, that nothing in this Act shall interfere with the control now vested in cities, incorporated towns and villages in relation to the regulation of the poles, wires, cables and other appliances, and provided, that before any such lines shall be constructed along any such highway it shall be the duty of the telephone company proposing to construct any such line, to give to the highway commissioners having jurisdiction and control over the road or part thereof along and over which such line is proposed to be constructed, notice in writing of the purpose and intention of said company to construct such line over and along said road or highway, which said notice shall be served at least ten days before said line shall be placed or constructed over and along said highway; and upon the giving of said notice it shall be the duty of said highway commissioners to specify the portion of such road or highway upon which the said line may be placed and constructed, and it shall thereupon be the duty of the said company to construct its said line in accordance with such specifications; but in the event that the said highway commissioners shall, for any reason, fail to make such specification within ten days after the service of such notice, then the said company, without such specification having been made, may proceed to place and erect its said line along said highway by placing its posts, poles and abutments so as not to interfere with other proper uses of said road or highway: Provided, that such telephone companies shall not have the right to condemn any portion of the right-of-way of any railroad company except as much thereof as is necessary to cross the same.

NOTE.-See People v. Central U. Tel. Co. 232 Ill. 260; Chicago Tel. Co. v. Northwestern Tel. Co. 199 Ill. 324, Affg. 100 ill. App. 57.

401. Mortgage Executed by Company-Lien-Recording.

§ 5. Any mortgage or deed of trust which shall hereafter be executed by any telephone company upon its real and personal property in the manner provided for the execution of mortgages upon real estate shall be and constitute a valid lien against the rights and interests of any third persons upon all and every part of the property of said company which is described in said mortgage and which is situated in any county in this State where said deed of trust or mortgage shall be recorded in the manner provided for the recording of mortgages upon real estate; and all mortgages or deeds of trust which have heretofore been executed and recorded in the manner provided by law for the execution and recording of mortgages upon real estate, shall be and constitute valid liens as against the rights and interests of third parties which shall be acquired subsequently to the recording in any county where any property of said corporation may be situate of confirmatory conveyance or assurance: Provided, if said original mortgage or deed of trust shall not have been recorded in any county where any property of said company shall be situated, then the recording of the original instrument in such county shall make said deed of trust or mortgage a valid lien as against the rights and interests of third parties acquired subsequently to such recording of said instrument.

NOTE. See section 20 of the Public Utilities Commission Law, with respect to the creation of indebtedness and the issuance of stocks, stock certificates, bonds and notes. See also section 21 of the Public Utilities Commission Law. Ante, 20, 21.

AN ACT to permit the use of public highways, streets and alleys and private roads leading to such highways, streets and alleys outside of incorporated cities, villages and towns, for the purpose of constructing, operating and maintaining private lines of telegraph or telephone, and to prescribe penalties for the injury or obstruction of such lines. [Approved June 18, 1883. In force July 1, 1883. L. 1883, p. 173.] (Hurd's Revised Statutes, 1917, Ch. 134, Secs. 11-13.)

402. Persons Living on Street May Construct Telegraph and Telephone Lines. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be lawful for any person or persons living on the line of any public highway, street or alley outside of any incorporated city, village or town in this State, or on any private road leading to such highway, street or alley, to construct, operate and maintain a line or lines of telegraph or telephone, extending from house to house, as the parties interested in the construction of such lines, may desire. 403. Poles in Streets.

§ 2. For the purpose of constructing and maintaining such lines of telegraph or telephone, the parties in interest may set the necessary poles or posts on which to place the wires and insulators of such lines, in any of the public streets, highways or alleys, or in any private road leading to such highways, streets or alleys outside of the incorporated cities, villages or towns in this State along which such lines may pass: Provided, such poles or posts shall be placed along the boundaries of such highways, streets, or alleys, at such distances therefrom as the authorities having control thereof may direct: And provided further, that the wires necessary for such lines shall not be less than fifteen feet above the ground along such boundaries, and not less than twenty feet at any public or private crossing, and shall be so placed as not in any manner to interfere with such crossing.

404. Penalty for Injuring.

§ 3. Any person who shall unlawfully and intentionally injure, molest, or destroy any of said lines or the material or property belonging thereto, or shall in any manner interfere with the proper working of such lines, shall on conviction thereof, be deemed guilty of a misdemeanor and be punished by a fine not exceeding one hundred dollars; said fine to be recoverable in any court having jurisdiction of the same: Provided, that prosecution under the foregoing provision of this section shall not in any manner

prevent a recovery by the person or persons entitled thereto, of the amount of damages done to such lines.

AN ACT relating to telegraph, telephone, electric light and other wires, poles and cables. [Approved June 16, 1887. In force July 1, 1887. L. 1887, p. 298.] (Hurd's Revised Statutes, 1917, Ch. 134, Sec. 14.)

405. Poles Attached to Building-No Lapse of Time Raises Presumption of Prescriptive Right.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whenever any wire, pole or cable used for any telegraph, telephone, electric light or other electric purpose, or for the purpose of communication, is or shall be attached to or does or shall extend upon or over any building or land, no lapse of time whatever shall raise a presumption of any grant of, or justify a prescriptive right to, such attachment or extension.

AN ACT to prevent the wrongful taking of news dispatches from telegraph or telephone wires and to provide a penalty for violation thereof. [Approved June 15, 1895. In force July 1, 1895. L. 1895, p. 157.] (Hurd's Revised Statutes, 1917, Ch. 134, Sec. 15.)

406. Wrongfully Taking News Dispatches-Penalty.

SECTION 1. Be it enacted by the People of the State of Illinois, repre sented in the General Assembly: That any person who shall within this State wrongfully tap or connect a wire with the telegraph or telephone wires of any person, company association engaged in the transmission of news or telegraph or telephone lines between the states or in this State for the purpose of wrongfully taking or making use of the news dispatches of such person, company or association, or of its customers, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than two thousand ($2,000) dollars or imprisonment not exceeding one year in the county jail or house of correction, or by both such fine and imprisonment.

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, Sec. 185d.)

407. Malicious Injury to Apparatus for Transmitting Electric Current or Messages.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whoever shall wilfully and maliciously, by the throwing of stones, shooting at, or otherwise break, injure, destroy, or partly break, injure or destroy, any line or lines, pole or poles, electric insulator or insulators, or any other apparatus (used in transmitting or carrying electric current or messages), belonging to any other person or persons, corporation or corporations, or to the State, or any county, city or municipal corporation, shall be fined not exceeding five hundred dollars ($500) or confined in the county jail not exceeding one year, or both, for each offense.

AN ACT for the assessment of property and for the levy and collection of taxes. [Approved March 30, 1872. In force July 1, 1872.] (Hurd's Revised Statutes, 1917, Ch. 120, Secs. 53, 110.)

408. Tax Schedules.

TELEGRAPH COMPANIES-RETURN.

§ 53. Any person, company or corporation, using or operating a telegraph line in this State, shall, annually, in the month of May, return to the Auditor of Public Accounts a schedule or statement, as follows:

First-The amount of capital stock authorized, and the number of shares into which such capital stock is divided.

Second-The amount of capital stock paid up.

Third-The market value, or if no market value, then the actual value of the shares of stock.

Fourth-The total amount of all indebtedness, except current expenses, for operating the line.

Fifth-The length of the line operated in each county, and the total in the State.

Sixth-The total assessed valuation of all its tangible property in this

State.

Such schedule shall be made in conformity to such instrutions and forms as may be prescribed by the Auditor of Public Accounts, and with reference to amounts and values on the first day of May of the year for which the return is made.

409. Capital Stock Assessed-Distribution of Value-Extension of Tax.

§ 110. The aggregate amount of capital stock of railroad or telegraph companies assessed by said board [the State Board of Equalization] shall be distributed proportionately by said board to the several counties in like manner that the property of railroads denominated "railroad track" is distributed. The amount so determined shall be certified by the Auditor to the county clerks of the proper counties. The county clerk shall, in like manner, distribute the value, so certified to him by the Auditor, to the county and to the several towns, districts, villages and cities in his county entitled to a proportionate value of such capital stock. And said clerk shall extend taxes against such values the same as against other property in such towns, districts, villages and cities.

NOTE.-See Postal Tel. Cable Co. v. Bernard 37 Ill. App. 105. The State Board of Equalization was abolished by the Act of 1919 creating the State Tax Commission.

AN ACT to compel gas companies to pay interest on deposits made by parties at the request of such companies. [Approved May 29, 1879. In force July 1, 1879. L. 1879, p. 186.] (Hurd's Revised Statutes, 1917, Ch. 74, Sec. 13.)

410. Gas Companies to Pay on Deposit.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all gas companies, persons or associations engaged in manufacturing gas for public or private use in this State, who shall require any person, corporation or association of persons to deposit any sum or sums of money with such gas company, person or association, so furnishing gas, for any purpose whatever, such company, person or asociation with whom such money may be deposited shall pay to the party making such deposit, annually, interest on such deposit at the rate of five (5) per cent per annum.

(Hurd's ReThis Act is

NOTE. The following Act is repealed by implication: "An Act in relation to gas companies," approved June 5, 1897; in force July 1, 1897. vised Statutes, 1917, Ch. 32, Secs. 157 to 168, both inclusive.) repugnant to section 27 of the Public Utilities Commission Law.

411. Frauds.

$117. Any person who, with intent to injure or defraud any company, body corporate, copartnership, or individual, shall injure, alter, obstruct or prevent the action of any meter provided for the purpose of measuring and registering the quantity of gas, water or electric current consumed by or at any burner, orifice or place, or supplied to any lamp, motor, machine or appliance, or shall cause or procure or aid the injuring or altering of any such meter or the obstruction or prevention of its action, or shall make or cause to be made with any gas pipe, water pipe or electric conductor any connection so as to conduct or supply illumination or inflammable gas, water or electric current to any burner or orifice or lamp or motor or other

machine or appliance from which such gas, water or electricity may be consumed or utilized without passing through or being registered by a meter or without the consent or acquiescence of the company, municipal corporation, body corporate, copartnership or individual furnishing or transmitting such gas, water or electric current through such gas pipe, water pipe or electrical conductor, shall be punished by imprisonment not exceeding three (3) months or a fine not exceeding two hundred and fifty dollars ($250) or both. [As amended by Act approved March 24, 1895. In force July 1, 1895. L. 1895, p. 155.]

(Hurd's Revised Statutes, 1917, Ch. 38, Sec. 117.)

AN ACT to

regulate public warehouses, and the warehousing and inspection of grain, and to give effect to article thirteen of the Constitution of this State. [Approved April 25, 1871. In force July 1, 1871. L. 1871-2, p. 762.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 134-160.)

412. Classified.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That public warehouses, as defined in article 13 of the Constitution of this State, shall be divided into three classes, to be designated as classes A, B and C, respectively.

413. Classes Defined.

§ 2. Public warehouses of class A shall embrace all warehouses, elevators and granaries in which grain is stored in bulk, and in which the grain of different owners is mixed together, or in which grain is stored in such a manner that the identity of different lots or parcels cannot be accurately preserved, such warehouses' elvators or granaries being located in cities having not less than 100,000 inhabitants. Public warehouses of class B shall embrace all other warehouses, elevators or granaries in which grain is stored in bulk, and in which the grain of different owners is mixed together. Public warehouses of class C shall embrace all other warehouses or places where property of any kind is stored for a consideration.

NOTE.-See Union Trust Co. v. Wilson, 198 U. S., 530;Munn v. Illinois 94 U. S. 113, 24 L. Ed. 77; Cnetral Elevator Co. v. People 174 Ill. 203; People v. Illinois Central R. Co. 233 Ill. 378; Yockey v. Smith 181 Ill. 564; Hannah v. People 198 Ill. 77; People v. Harper 91 Ill. 357; Mayer v. Springer 192 Ill. 270; etc.

414. License.

§ 3. The proprietor, lessee or manager of any public warehouse of class A shall be required, before transacting any business in such warehouse, to procure from the Board of Commissioners of Railroads and Warehouses, a license, permitting such proprietor, lessee or manager to transact business as a public warehouseman under the laws of this State, which license shall be issued by said commissioners upon a written application therefor, which shall set forth the location and name of such warehouse, and the individual name of each person interested as owner or principal in the management of the same; or, if the warehouse be owned or managed by a corporation, the names of the president, secretary and treasurer of such corporation shall be stated; and the said license shall give authority to carry on and conduct the business of a public warehouse of class A in accordance with the laws of this State, and shall be revocable by the said commissioners, after full hearing, upon satisfactory proof of any violation of law by such licensee, such proof to be taken in such manner as may be directed by and under rules to be established by said commissioners, but the action of such commissioners in granting or refusing licenses and in revoking licenses may be reviewed by the circuit court of the county where