payable to the people of the State of Illinois, and sufficient in amou and security to insure the prompt payment, by the party petitioning f the review, of all damages caused by the delay in the enforcement of t rule, regulation, order or decision of the Commission, and of all mone which any person or corporation may be compelled to pay, pending t] : review proceedings, for transportation, transmission, product, commodit or service in excess of the charges fixed by the rule, regulation, order decision of the Commission, in case said rule, regulation, order or de sion is sustained. The court, in case it stays or suspends the rul, regulation, order or decision of the Commission in any matter affecti ; rates or other charges or classifications, may, in its discretion, also 1 ; order direct the public utility affected to pay into court, from time time, thereto to be impounded until the final decision of the case, or in some bank or trust company paying interest on deposits, under su i conditions as the court may prescribe, all sums of money which it m 7 collect from any corporation or person in excess of the sum such corpor tion or person would have been compelled to pay if the rule, regulatio, order or decision of the Commission had not been stayed or suspende 72. Reparation for Overcharge-Investigation of Claims Against Utilities.

§ 72. When complaint has been made to the Commission concer ing any rate or other charge of any public utility and the Commissio has found, after a hearing, that the public utility has charged excessive or unjustly discriminatory amount for its product, commodi or service, the Commission may order that the public utility make d reparation to the complainant therefor, with interest at the legal ra from the date of payment of such excessive or unjustly discriminato amount.

If the public utility does not comply with an order of the Comission for the payment of money within the time fixed in such ord the complainant, or any person for whose benefit such order was ma may file in any court of competent jurisdiction a petition setting for 1 briefly the causes for which he claims damages and the order of the Co mission in the premises. Such suit shall proceed in all respects li e other civil suits for damages, except that on the trial of such suit te order of the Commission shall be prima facie evidence of the facts there 1 stated. If the petitioner shall finally prevail he shall be allowed a re sonable attorney's fee to be taxed and colected as a part of the costs the action.

All complaints for the recovery of damages shall be filed with te Commission within two years from the time the product, commodity service as to which complaint is made was furnished or performed, and petition for the enforcement of an order of the Commission for the pa ment of money shall be filed in the proper court within one year fro 2 the date of the order.

The remedy provided in this section shall be cumulative, and G addition to any other remedy or remedies in this Act provided in ca e of failure of a public utility to obey a rule, regulation, order or decisi of the Commission.

The Commission shall have power to receive complaints regardi loss or damage occasioned by a public utility, and to make inquiry as

the methods of adjusting such claims. All claims against any public utility for loss of, or damage to, property, or for any other loss or damage, in connection with a public utility service, not covered by the preceding paragraphs of this section, if not acted upon within ninety days from the date of the filing of the claim with the public utility, may be investigated by the Commission, in its discretion, and the results of such investigation shall be embodied in a special report which shall be open to public inspection.

NOTE.-State Public Utilities Comm. ex rel. Harley B. Mitchell et al. v. Chicago & West Towns Ry. Co., 275 Ill. 555.

§ 73. In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done either by any provisions of this Act or any rule, regulation, order or decision of the Commission, issued under authority of this Act, such public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was wilful, the court may in addition to the actual damages, award damages for the sake of example and by the way of punishment. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any person or corporation.

In every case of a recovery of damages by any person or corporation under the provision of this section, the plaintiff shall be entitled to a reasonable counsel's or attorney's fee to be fixed by the court, which fee shall be taxed and collected as part of the costs in the case.

No recovery as in this section provided shall in any manner affect a recovery by the State of the penalties in this Act provided.

74. Remedies Cumulative.

§ 74. This Act shall not have the effect to release or waive any right of action by the State, the Commission, or by any body politic, municipal corporation, person or corporation for any right or penalty which may have arisen or accrued or may hereafter arise or accrue under any law of this State.

All penalties accruing under this Act shall be cumulative of each other, and suit for the recovery of one penalty shall not be a bar to or affect the recovery of any penalty or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person.

75.

Mandamus or Injunction Proceedings at Instance of Commission.

§ 75. Whenever the Commission shall be of the opinion that any public utility is failing or omitting or about to fail to omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction or requirement of the Commission, issued or made under authority of this Act, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or any order, decision, rule, regulation, direction or requirement of the Commission, issued or made under authority of

this Act, it shall direct the counsel for the Commission to commence an action or proceeding in the Circuit Court, or in any other court of concurrent jurisdiction, in and for the county in which the case or some part thereof arose, or in which the person or corporations complained of, if any, has its principal place of business, or in which the person complained of, if any, resides, in the name of the people of the State of Illinois, for the purpose of having such violation or threatened violations stopped and prevented, either by mandamus or injunction. Counsel for the Commission shall thereupon begin such action or proceeding by petition to such Circuit Court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. It shall thereupon be the duty of the court to specify a time, not exceeding twenty days after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime said public utility may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Such corporations or persons as the court may deem necessary or proper to be joined as parties, in order to make its judgment, order or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. An appeal may be taken from such final judgment in the same manner and with the same effect, subject to the provisions of this Act, as appeals are taken from judgments of the Circuit Court in other actions for mandamus or injunction.

76. Penalty for Violation of Act or Orders by Public Utility or Other Corporation-Separate Offenses.

§ 76. Any public utility or any corporation other than a public utility, which violates or fails to comply with any provisions of this Act, or which fails to obey, observe or comply with any order, decision, rule, regulation, direction or requirement or any part or provision thereof, of the Commission, made or issued under authority of this Act, in a case in which a penalty is not otherwise provided for in this Act, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than two thousand dollars for each and every offense.

Every violation of the provisions of this Act or of any order, decision, rule, regulation, direction or requirement of the Commission, or any part or portion thereof by any corporation or person is a separate and distinct offense and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

In construing and enforcing the provisions of this Act relating to penalties, the act, omission, or failure of any officer, agent, or employee of any public utility, acting within the scope of his official duties or employment, shall in every case be and be deemed to be the act, omission, or failure of such public utility.

77. Persons Violating Act or Order-Penalty.

§ 77. Every person, who, either individually, or acting as an officer, agent or employee of a public utility or of a corporation other than a public utility, violates or fails to comply with any provisions of this Act, or fails to observe, obey or comply with any order, decision, rule, regulation, direction or requirement, or any part or portion thereof, of the Commission, made or issued under authority of this Act, or who procures, aids or abets any public utility in its violation of this Act or in its failure to obey, observe or comply with this Act or any such order, decision, rule, regulation, direction or requirement, or any part or portion thereof, in a case in which a penalty is not otherwise provided for in this Act, is guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

78. Actions to Recover Penalties.

§ 78. Except as otherwise provided in this Act, actions to recover penalties under this Act shall be brought in the name of the People of the State of Illinois in the Circuit Court in and for the county in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. Such action shall be commenced and prosecuted to final judgment by the counsel for the Commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the State in any such action shall be paid into the State treasury to the credit of the general fund. Any such action may be compromised or discontinued on application of the Commission upon such terms as the court shall approve and order.

79. Duty of Commission to Prosecute and to Enforce Laws Affecting Public Utilities.

§ 79. It is hereby made the duty of the Commission to see that the provisions of the Constitution and statutes of this State affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the State therefor recovered and collected, and to this end it may sue in the name of the people of the State.

See State Public Utilities Comm. ex rel. Ed. Beck v. Toledo, St. Louis & W. R. Co. 267 Ill. 93 holding that the Commission has power under this section to order the erection and maintenance of depots as required in ch. 114 Hurds. Rev. Stat. 1913.

80. Cancellation of Warehouses Licenses.

§ 80. The Commission is hereby authorized to hear and determine all applications for the cancellation of warehouse licenses in this State which may be issued in pursuance of any laws of this State, and for that purpose to make and adopt such rules and regulations concerning such hearing and determination as may, from time to time, by it be deemed proper. And if, upon such hearing, it shall appear that any public ware

houseman has been guilty of violating any law of this State concerning the business of public warehousemen, the Commission may cancel and revoke the license of said public warehouseman, and immediately notify the officer who issued such license of such revocation and cancellation; and no person whose license as a public warehouseman shall be cancelled or revoked shall be entitled to another license or to carry on the business in this State of such public warehouseman until the expiration of six months from the date of such revocation and cancellation, and until he shall have again been licensed: Provided, that this section shall not be construed so as to prevent any such warehouseman from delivering any grain on hand at the time of such revocation or cancellation of his said license. And all licenses issued in violation of the provisions of this section shall be deemed null and void.

ARTICLE VI.

REPEAL-SAVING CLAUSE-CONSTRUCTION.

81. Acts Repealed-Transfer and Continuation of Power of R. R. Commission. § 81. An Act entitled, "An Act to establish a board of railroad and warehouse commissioners, and prescribe their powers and duties," approved April 13, 1871, in force July 1, 1871, together with the amendments thereto; and an Act entitled, "An Act defining and regulating express companies and carriers by express operating within the State of Illinois, declaring them to be common carriers and placing them under the jurisdiction and control of the Illinois Railroad and Warehouse Commission," approved June 9, 1911, in force July 1, 1911, are hereby repealed from and after the appointment of the State Public Utilities Commission herein created. Nothing in this Act shall be construed to repeal any other Act or part thereof conferring power on said Board of Railroad and Warehouse Commissioners except such as are in direct conflict herewith, but the rights, powers and duties conferred by law upon the Board of Railroad and Warehouse Commissioners shall be continued in full force and transferred to the State Public Utilities Commission, it being the intent of this Act to substitute the State Public Utilities Commission for the said Board of Railroad and Warehouse Commissioners.

On or before November 1, 1913, the Board of Railroad and Warehouse Commissioners shall transfer and deliver to the State Public Utilities Commission, upon its demand in writing, all books, papers and records; furniture, equipment and supplies of whatever description in its possession; and the Public Utilities Commission shall take possession of all such books, papers and records, furniture, equipment and supplies. 82. Actions and Proceedings Pending Before R. R. Commission.

§ 82. This Act shall not affect pending actions or proceedings, civil or criminal, in any court, brought by or against the people of the State of Illinois or the Board of Railroad and Warehouse Commissioners or by any other person, firm or corporation under the provisions of the Acts establishing or conferring power on the Board of Railroad and Warehouse Commissioners, nor abate any causes of action arising thereunder, but the same may be instituted, prosecuted and defended with the