each passenger car so used in trains, shall be liable to a fine of not less than 25 nor more than $50.

§ 35. In all cases where the public authorities having charge of any street over which there shall be a railroad crossing, shall notify any agent of the corporation owning, using or operating such railroad, that a flagman is necessary at such crossing, it shall be the duty of such railroad company within sixty days thereafter, to place and retain a flagman at such crossing, who shall perform the duties usually required of flagmen; and such flagman is hereby empowered to stop any and all persons from crossing a railroad track when, in his opinion, there is danger from approaching trains or locomotive engines; and any railroad company refusing or neglecting to place flagmen, as required by this section, shall be liable to a fine of $100 per day for every day they shall neglect or refuse to do so; and it is hereby made the duty of such public authorities having charge of such street, to enforce the payment of such fine, by suit, in the name of the town or municipal corporation wherein such crossing shall be situate, before any court of competent jurisdiction in the county, and the prosecuting attorney shall attend to the prosecution of all suits as directed by said public authorities. All the moneys collected under the provisions of this Act shall be paid into the treasury of the town or municipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossed a suitable house for the shelter of such flagman, the same to be so located as to create the least obstruction to the use of such street or highway, and afford the best view of the railroad track in each direction from such crossing. [L. 1869, p. 314, § 8.]

NOTE. The Public Utilities Act transfers jurisdiction over this question from the municipality to the State Commission.

§ 36. If any railroad corporation, or any of its agents, servants or employees, shall violate any of the provisions of this Act, such corporation, agent, servant or employee, shall, severally, unless otherwise herein provided, be liable to a fine of not less than $10 nor more than $200, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person aggrieved, before any court of competent jurisdiction.

180. Corporation Defined.

§ 37. The word "corporation," as used in this Act, shall be construed to include all companies, lessees, contractors, persons, or associations of persons, owning, operating or using any railroads in this State.

181. Street Railroads.

§ 38.

This Act shall not apply to horse cars or street railroads.

AN ACT relating to fires caused by locomotives. [Approved and in force March 29, 1869. L. 1869, p. 312.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 103, 104.

182. Fires by Locomotives.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in all actions against any person or incorporated company for the recovery of damages on account of any injury to any property, whether real or personal, occasioned by fire communicated by any locomotive engine while upon or passing along any railroad in this State, the fact that such fire was so communicated shall be taken as full prima facie evidence to charge with negligence the corporation, or person or persons who shall, at the time of such injury by fire, be in the use and occupation of such railroad, either as owners, lessees or mortgagees, and also

hose who shall at such time have the care and management of such engine; nd it shall not, in any case, be considered as negligence on the part of the wner or occupant of the property injured, that he has used the same in he manner, or permitted the same to be used or remain in the condition it would have been used or remained had no railroad passed through or near he property so injured, except in cases of injury to personal property which hall be at the time upon the property occupied by such railroad. This Act shall not apply to injuries already committed.

83. Act Takes Effect.

§ 2. assage.

This Act shall take effect and be in force from and after its

NOTE. See in general, Chicago & Alton R. Co. v. Pennell 110 Ill. 435; Illinois ent. R. Co. v. Siler 229 Ill. 390; etc.

N ACT to amend an Act entitled "An Act for the protection of passengers on railroads," approved May 14, 1877. In force July 1, 1877. [Approved May 29, 1879. In force July 1, 1879. Laws 1879, p. 223.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 105-107.)

84. Conductors Vested with Police Powers.

SECTION 1. Be it enacted by the People of the State of Illinois, repreented in the General Assembly: That an Act entitled "An Act for the protection of passengers on railroads," approved May 14, 1877, in force July 1, 1877, be amended so as to read as follows: "An Act for the protecion of passengers on railroads and steamboats."

§ 2. That the conductors of all railroad trains, and captain or master of any steamboat carrying passengers within the jurisdiction of this State, hall be vested with police powers while on duty on their respective trains and boats, and may wear an appropriate badge indicative of such authority. As amended by Act approved June 9, 1909. In force July 1, 1909. L. 1909, D. 181.]

185. Ejection of Passenger from Train.

§ 3. When any passenger shall be guilty of disorderly conduct, or use any obscene language, to the annoyance and vexation of passengers, or play any games of cards, or other games of chance for money or other valuable thing, upon any railroad train or steamboat, the conductor of such train and captain or master of such steamboat is hereby authorized to stop his train or steamboat, at any place where such offense has been committed and eject such passenger from the train or boat using only such force as may be necessary to accomplish such removal, and may command the assistance of the employees of the railroad company or steamboat, or any of the passengers to assist in such removal; but before doing so he shall tender to such passenger such proportion of the fare he has paid as the distance he then is from the place to which he has paid his fare, bears to the whole distance for which he has paid his fare.

186. When Passenger May be Arrested.

§ 4. When any passenger shall be guilty of any crime or misdemeanor upon any train, or steamboat, the conductor, captain or master, or employees of such train, or boat, may arrest such passenger and take him before any justice of the peace, in any county through which such boat or train may pass, or in which its trip may begin or terminate, and file an affidavit before such justice of the peace, charging him with such crime or misdemeanor.

AN ACT making it the duty of railroads operating in whole or in part within the State of Illinois to provide first medical aid to injured passengers, employees or other persons, and providing a penalty for violation thereof. (Approved June 24, 1915.)

187. First Aid Equipment Must be Carried.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all railroads or the receiver or

receivers of any railroad operating trains, in whole or in part, within the State of Illinois, shall provide a package containing the articles hereinafter stated, on each train or engine, for first aid to persons who may be injured in the course of the operation of such train or trains.

188. Contents of Package.

§ 2. Every such package shall include the following and such other articles and equipment as may in the judgment and discretion of the management of the railroad or the medical department thereof be useful for the intended purpose:

A standard package to contain two (2) pieces of sterile gauze, one (1) ribbon bandage, one (1) triangular cambric picture bandage in aseptic container, six (6) of these packages to make up one (1) first aid kit.

189. First Aid Instruction.

§ 3. The chief surgeon, one of his assistants or other capable physi cian shall at reasonable intervals offer first aid instruction to the engine and trainmen in his jurisdiction.

190. Penalties.

§ 4. Any railroad or the receiver or receivers of any railroad who shall fail to comply with the provisions of this Act, shall be liable to a penalty of not less than five ($5.00) dollars nor more than twenty-five ($25.00) dollars and each day's violation shall constitute a separate offense, and prosecution for said violations shall be instituted by the State Public Utilities Commission upon complaint of any citizen of the State: Provided that the railroad company or receiver or receivers shall be allowed not to exceed three (3) days without penalty to replace any package or packages after the use of same has been reported by the employee in charge of said train or engine.

AN ACT to prohibit any person from obstructing the regular operation and conduct of the business of railroad companies or other corporations, firms or individuals. [Approved June 2, 1877. In force July 1, 1877. L. 1877, p. 167.] (Hurd's Revised Statutes 1917, Ch. 114, Secs. 108-111.)

191. Engineer Not to Abandon Engine.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: If any locomotive engineer in furtherance of any combination or agreement, shall willfully and maliciously abandon his locomotive upon any railroad at any other point than the regular schedůle destination of such locomotive, he shall be fined not less than twenty dollars, nor more than one hundred dollars, and confined in the county jail, not less than twenty days, nor more than ninety days.

192. Persons Obstructing Business of Railroad-Fine.

§ 2. If ay person or persons shall willfully and maliciously, by any act or by means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company or other corporation firm or individual in this State, or of the regular running of any locomotive engine freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual he or they shall, on conviction thereof, be punished by a fine not less than twenty dollars ($20), nor more than two hundred dollars ($200), and confined in the county jail not less than twenty nor more than ninety days.

193. Conspiracy to Impede Business.

§ 3. If two or more persons shall wilfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimida. tion, the regular operation and conduct of the business of any railroad company or any other corporation, firm or individual in this State, or to impede hinder or obstruct, except by due process of law, the regular running of any locomotive engine freight or passenger train on any railroad, or the labor

r business of any such corporation, firm, or individual, such persons shall, n conviction thereof, be punished by fine not less than twenty dollars ($20), or more than two hundred dollars ($200), and confined in the county jail ot less than twenty days, nor more than ninety days.

94. Construction of Act.

§ 4. This Act shall not be construed to apply to cases of persons volunarily quitting the employment of any railroad company or such other cororation, firm or individual, whether by concert of action or otherwise, [x]cept as is provided in section one (1) of this Act.

N ACT to prevent frauds upon travelers and owners of any railroad, steamboat or other conveyance for the transportation of passengers. [Approved April 19, 1875. In force July 1, 1875. L. 1875, p. 81.] Hurd's Revised Statutes 1917 Ch. 114, Secs. 112-117.)

95. Owner to Furnish Agent Certificate of Authority to Sell Tickets.

SECTION 1. Be it enacted by the People of the State of Illinois, repreented in the General Assembly: That it shall be the duty of owner or wners of any railroad or steamboat for the transportation of passengers, o provide each agent, who may be authorized to sell tickets, or other cerificates entitling the holder to travel upon any railroad or steamboat, with certificate setting forth the authority of such agent to make such sales; which certificate shall be duly attested by the corporate seal of the owner f such railroad or steamboat.

96. Not Lawful for Person Without Authority to Sell Tickets.

§ 2. That it shall not be lawful for any person not possessed of such uthority, so evidenced, to sell, barter, or transfer, for any consideration vhatever, the whole or any part of any ticket or tickets, passes, or other vidences of the holder's title to travel on any railroad or steamboat, whether he same be situated, operated or owned within or without the limits of his State.

§ 3. That any person or persons violating the provisions of the second ection of this Act shall be deemed guilty of misdemeanor, and shall be iable to be punished by a fine not exceeding five hundred dollars, and by mprisonment not exceeding one year, or either, or both, in the discretion of the court in which such person or persons shall be convicted.

98. Agent to Exhibit Certificate on Request.

§ 4. That it shall be the duty of every agent who shall be authorized o sell tickets, or parts of tickets, or other evidences of the holder's title to ravel, to exhibit to any person desiring to purchase a ticket, or to any officer of the law who may request him, the certificate of his authority thus to sell, nd to keep said certificate posted in a conspicuous place in his office for he information of travelers.

199. Duty of Owner to Provide for Redemption of Tickets.

§ 5. That it shall be the duty of the owner or owners of railroad or teamboat, by their agents or managers, to provide for the redemption of he whole, or any parts or coupons of any ticket or tickets, as they may have sold, as the purchaser, for any reason, has not used, and does not desire to ise, at a rate which shall be equal to the difference between the price paid or the whole ticket and the cost of a ticket between the points for which he proportion of said ticket was actually used; and the sale by any person of the annual portion of any ticket otherwise than by the presentation of the same for redemption, as provided for in this section, shall be deemed to be violation of the provisions of this Act, and shall be punished as is hereinbefore provided: Provided that this Act shall not prohibit any person who las purchased a ticket from any agent authorized by this Act, with the

bona fide intention of traveling upon the same, from selling any part of the same to any other person.

200. Penalty for Failure to Redeem Tickets.

§ 6. Any railroad or steamboat company that shall, by any of its agents in this State, refuse to redeem any of its tickets or parts of tickets as prescribed in section five of this Act, shall pay a fine of five hundred dollars for each offense, to the People of the State of Illinois, and it shall be unlaw ful for said company, subsequent to such refusal, to sell any ticket or tickets in this State until such fine is paid.

NOTE. As to constitutionality of the Act see Burdick v. People 149 Ill. 600; In general see Chicago & Alton R. Co. v. Mulford 59 Ill. App. 479, Revd. 162 Ill. 522; City of Chicago v. Openheim 229 Ill. 313; etc.

VII. RAILROAD CROSSINGS.

AN ACT in relation to the crossing of one railway by another, and to prevent danger to life and property from grade crossings. [Approved May 27, 1889. In force July 1, 1889. L. 1889, p. 223.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 209, 210.)

NOTE. The two sections of the statute immediately following are expressly saved from repeal by virtue of section 58 of the Public Utilities Commission Law. Ante, 58.

201. Crossing of One Railroad by Another.

SECTION 1. That hereafter any railroad company desiring to cross with its track or tracks the main track of another railroad company, shall, before constructing any such crossing, apply to the Railroad and Warehouse Commission for permission to make such crossing, and it shall thereupon be the duty of such Commission to view the ground, and give all parties interested an opportunity to be heard. After full investigation, and with due regard to safety of life and property, said Commission shall give a decision prescribing the place where and the manner in which said crossing shall be made, but in all cases the compensation to be paid for property actually required for the crossing and all damages resulting there from, shall be determined in the manner provided by law in case the parties fail to agree: Provided, that said Commission shall only grant permission to construct such crossing at such place and in such manner as will not unnecessarily impede or endanger the travel or transportation upon the railroad to be crossed. [As amended by Act approved May 25, 1907. In force July 1, 1907. L. 1907, p. 475.]

NOTE. As to constitutionality see Chicago & S. Traction Co. v. Illinois Cent. R. Co. 246 Ill. 146; Malott v. Collinsville, C. & E. St. L. Elec. R. Co. 47 C. C. A. 345; etc

202. Expense of Construction of Crossing.

§ 2. The railroad company seeking the crossing, shall, in all cases, pay the costs and expenses of the Commission incurred in the investigation and if permission for a grade crossing is given, shall bear the entire expense of the construction thereof, together with the cost of installing such interlocking or other safety appliance as shall be required and the cost of the maintenance thereof. If a separation of grades be required at such crossing, then such Commission shall decide and include in the order authorizing such crossing the proportion of the expense thereof to be paid by the railroads interested in said crossings, respectively, but not more than one-third of such expense shall be charged against the senior road. Interurban electric railroads and street railroads are hereby declared to be railroads and within the meaning of this Act. [As amended by Act approved May 25, 1907. In force July 1, 1907; L. 1907, p. 475.]