installation, operation, maintenance, use and protection of each such grade crossing.

The Commission shall also have power, after a hearing, to alter abolish any grade crossing, heretofore or hereafter established, when i its opinion the public safety requires such alteration or abolition; or i require a separation of grades at such crossing; or to require a separa tion of grades at any proposed crossing where a proposed public highwa may cross the tracks of any railroad or railroads; and to prescribe, after a hearing of the parties, the terms upon which such separation shall b made and the proportions in which the expense of the alteration abolition of such crossings or the separation of such grades shall divided between the railroad or street railroad companies affected, between such companies and the State, county, municipality or othe public authority in interest: Provided, that nothing in this Act shall te construed to repeal an Act in relation to the crossing of one railroad t another, approved May 25, 1907, and in force July 1, 1907.

The Commission shall also have power by its order to require the construction, alteration, relocation or improvement of any crossing (including the necessary highway approaches thereto) of any railroa across any highway or public road, whether such crossing be at grade o by overhead structure or by subway, whenever the Commission fins after a hearing that such reconstruction, alteration, relocation or inprovement is necessary to preserve or promote the safety of the publi or of the employees or passengers of such railroad. By its original orde or supplemental orders in such case, the Commission may direct suc reconstruction, alteration, relocation or improvement to be made such manner and upon such terms and conditions as may be reasonable and necessary, and may apportion the cost of such reconstruction, alters tion, relocation or improvement between the railroad company or con panies and other public utilities affected, or between such company companies and other public utilities and the State, county, municipalit or other public authority in interest. The cost to be so apportione shall include the cost of changes or alteration in the equipment of othe public utilities affected as well as the cost of the relocation, diversion establishment of any public highway, made necessary by such reconstru tion, alteration, relocation or improvement of said crossing.

Whenever the Commission, after a hearing, shall find it necessar for the reconstruction, alteration, relocation or improvement of a such crossing or its necessary approaches as aforesaid, or for the abolis ment of any such crossing, to relocate, divert or establish any highway public road, or to acquire additional property for any such purpose. may direct the railroad company or companies to acquire, and the rai road company or companies shall acquire, the necessary addition property for such purposes by purchase or, when the price to be paid not be agreed upon with the owner thereof, in the manner provided the law of eminent domain; or the Commission may certify such findi to the highway commissioners of the town or road district concerne Every railroad company operating in the State of Illinois shall constru and maintain every highway grade crossing over its tracks within State so that the roadway at the intersection shall be flush with

rails, and, unless otherwise ordered by the Commission, shall construct and maintain the approaches thereto at a grade of not more than five (5) per cent within the right of way for a distance of not less than twenty-five (25) feet on each side of such tracks; provided that the grades at the approaches may be maintained in excess of five (5) per cent only when authorized by the Commission.

Every railroad operating within the State of Illinois shall remove from its rights of way at all grade crossings within the State, all brush, shrubbery and trees for a distance of not less than five hundred feet (500) in either direction from each grade crossing.

On or before December 1, 1918, every railroad operating within the State of Illinois shall furnish, erect and thereafter maintain in a conspicuous place at every grade crossing on its lines in this State outside of incorporated cities and villages, on both sides of the tracks except when otherwise ordered and at such points as directed by the Public Utilities Commission, within the right of way of such railroad, at grade crossings not designated as extra hazardous by the Commission such standard signs as the Public Utilities Commission shall determine.

At all such grade crossings in the State as may be designated by the Commission as extra hazardous, but at no others, every railroad operating within the State of Illinois shall, within thirty days after the issuance of an order by the Public Utilities Commission directing it so to do, erect and thereafter maintain such standard stop signs as said Commission shall determine are necessary, provided that no such stop shall be ordered or permitted by the Commission where there is a clear view from the highway of approaching trains on such railroad trucks (tracks) for at least five hundred feet (500) in each direction from the crossing at all points on the highway within a distance of two hundred (200) feet of such crossing. The Commission shall have power to require such signs to be lighted at night or to be accompanied by red warning lights whenever in the opinion of the Commission such additional precautions are reasonably necessary for the public safety.

Any person who unlawfully removes, throws down, injures or defaces any sign required in this section, shall be liable to a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense. (As amended June 29, 1917.)

NOTE.-General Order No. 55, VI I. P. U. C. 293; Re Wabash Chester & Western R. Co. et al., III I. P. U. C. 49; Illinois Cent. R. Co. v. City of Decatur III I. P. U. C. 241, P. U. R. 1916-A 987; State Public Utilities Comm. v. Illinois Central R. Co., IV I. P. U. C. 249; Re Missouri Pacific R. Corp., V I. P. U. C. 456. Chicago, Burlington & Quincy R. Co. v. Cavanagh et al., 278 Ill. 609 holds that under section 50 and 58 the Commission has power, where the public safety requires it, to compel the abolition of a grade crossing and the relocation of a railroad track; also that the Commission may confer upon the railroad the power of emiment domain to acquire the necessary lands upon which to construct the new crossing.

§ 59. When necessary for the construction of any alterations, additions, extensions or improvements ordered or authorized under sections 50 or 58 or subdivision two (2) of section 81 of this Act, any public utility may enter upon, take or damage private property in the manner provided for by the law of eminent domain.

NOTE.-Re Public Service Co. of Northern Illinois III I. P. U. C. 229; Edwardsville Water Co. v. Madison County L. & P. Co., VI I. P. U. C. 113.

ARTICLE V.

1

PROCEEDINGS BEFORE THE COMMISSION AND IN THE COURTS.

60. Investigations and Hearings.

§ 60. The Commission, or any commissioner, or officer of th Commission designated by the Commission, shall have power to hol investigations, inquiries and hearings concerning any matters covered b the provisions of this Act, or by any other Acts relating to public utili ties, subject to such rules and regulations as the Commission may estab lish. In the conduct of any investigation, inquiry or hearing neithe the Commission nor any commissioner or officer of the Commission shal be bound by the technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony before the Commission any commissioner or an officer of the Commission shall invalidate any order, decision, rule or regulation made, approved, or confirmed by the Commission. All hearings conducted by the Commission shall be oper to the public.

Each commissioner, the secretary of the Commission, and every officer of the Commission designated by it to hold any inquiry, investiga tion or hearing, shall have power to administer oaths and affirmations certify to all official acts, issue subpoenas, compel the attendance and testimony of witnesses, and the production of papers, books, accounts and documents.

The words "public hearing" mean the right to appear, give evidence and to hear and examine witnesses whose testimony is presented. Farmers Elevator Co. of Yorkville v. Chicago, R. I. & Pacific Ry. 266 Ill. 567.

61. Testimony-Immunity of Witnesses.

§ 61. No person shall be excused from testifying or from producing any papers, books, accounts or documents in any investigation of inquiry or upon any hearing ordered by the Commission, when ordered to do so by the Commission or any commissioner, or officer of the Commission, upon the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise, before the Commission or a commissioner or an officer of the Commission: Provided, that such immunity shall extend only to a natural person, who in obedience to a subpoena, gives testimony under oath or produces evidence, documentary or otherwise under oath. No person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

62. Attendance of Witnesses-Production of Papers.

§ 62. All subpoenas issued under the terms of this Act may be served by any person of full age. The fees of witnesses for attendance and travel shall be the same as fees of witnesses before the Circuit Courts of this State, such fees to be paid when the witness is excused from further attendance, when the witness is subponad at the instance of the Commission or any commissioner; and the disbursements made in the payment of such fees shall be audited and paid in the same manner

as are other expenses of the Commission. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the Commission, the Commission may require that the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned, and the Commission shall have power, in its discretion, to require a deposit to cover the cost of such service and witness fees and the payment of the legal witness fee and mileage to the witness when served with subpoena. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record.

Any person who shall be served with a subpoena to appear and testify, or to produce books, papers, accounts or documents, issued by the Commission or by any commissioner or officer of the Commission, in the course of an inquiry, investigation or hearing conducted under any of the provisions of this Act, and who shall refuse or neglect to appear, or to testify, or to produce books, papers, accounts and documents relevant to said inquiry, investigation or hearing as commanded in such subpoena, shall be guilty of a misdemeanor.

Any Circuit Court of this State, or any judge thereof, either in term time or vacation, upon application of the Commission, or a commissioner or officer of the Commission, may, in his discretion, compel the attendance of witnesses, the production of books, papers, accounts and documents, and the giving of testimony before the Commission, or before any such commissioner or officer, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before said court.

The Commission or a commissioner or any officer of the Commission or any party may in any investigation or hearing before the Commission, cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in the courts of this State and to that end may compel the attendance of witnesses and the production of papers, books, accounts, and documents.

The Commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this State at such time and place as it may designate, of any books, accounts, papers or documents kept by any public utility operating within this State in any office or place without this State, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the Commission or under its direction.

63. Right to Inspect Books and Property and Examine Agents of Public Utilities.

§ 63. The Commission, each commissioner and each officer and person employed by the Commission shall have the right, at any and all times, to inspect the papers, books, accounts and documents, plant, equipment or other property of any public utility, and the Commission, each commissioner and any officer of the Commission authorized to administer oaths shall have power to examine under oath any officer, agent or employee of such public utility in relation to any matter within the jurisdiction of the Commission: Provided, that any person other

than a commissioner demanding such inspection shall produce under the seal of the Commission his authority to make such inspection: And, provided, further, that a written record of the testimony or statement so given under oath shall be made and filed with the Commission. formation so obtained shall not be admitted in evidence or used in any proceeding except in proceedings provided for in this Act.

64. Complaints-Notice.

§ 64. Complaint may be made by the Commssion, of its own motion or by any person or corporation, chamber of commerce, board of trade, or any industrial, commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation by petition or complaint in writing, setting forth any act or thing done or omitted to be done in violation, or claimed to be in violation, of any provision of this Act, or of any order or rule of the Commission. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review by the courts of orders of the Commission the same rule shall apply and pertain with regard to the joinder of complaints and parties as herein provided. No complaint shall be dismissed because of the absence of direct damage to the complainant.

Upon the filing of a complaint the Commission shall cause a copy thereof to be served upon the person or corporation complained of, which shall be accompanied by a notice requiring that the complaint be satisfied and answered within a reasonable time to be specified by the Commission, or within the discretion of the Commission, by a notice fixing a time when and place where a hearing will be had upon such complaint. Notice of the time and place shall also be given to the complainant and to such other persons as the Commission shall deem necessary. The Commission shall have authority to hear and investigate any complaint. not withstanding the fact that the person or corporation complained of may have satisfied the complaint.

The time fixed for such hearing shall not be less than ten days after the date of the service of such notice and complaint except as herein provided. Service in all hearings, investigations, and proceedings before the Commission may be made upon any person upon whom a summons may be served in accordance with the provisions of an Act entitled, "An Act in relation to practice and procedure in courts of record," approved June 3, 1907, in force July 1, 1907, and may be made personally or by mailing same in the United States mail in a sealed envelope, registered. with postage prepaid. The provisions of this section as to notice shall apply to all hearings held by the Commission or under its authority.

Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases. except that the complaint may be heard ex parte by the Commission or may be served upon any parties designated by the Commission.

NOTE.-Re Western Ilinois Teleph. Co. et al., V I. P. U. C. 1.