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AN ACT to protect persons and property from danger at the crossings and junctions of railroads by providing a method to compel the protection of the same. proved June 2, 1891. In force July 1, 1891. L. 1891, p. 181.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 211-217.)

203. Protecting Crossings-Interlocking or Other Safety Devices.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in every case where the main tracks of two or more railroads cross at a grade in this State, any company owning or operating any one of such tracks, whose managers may desire to unite with others by protecting such crossings with interlocking or other safety devices, may file with the Railroad and Warehouse Commission a petition stating the facts of the situation, and asking said Railroad and Warehouse Commission to order such crossing to be protected by interlocking signals, devices and switches, or other safety appliances. Said petition shall be accompanied by a plat showing the location of all tracks; and upon the filing thereof, notice shall be given to each other company or person owning or operating any track involved in such crossing, and the said Railroad and Warehouse Commission shall thereupon view the site of such crossing, and shall as soon as practicable, appoint a time and place for the hearing of such petition.

NOTE. Although section 58 (ante, 58) of the Public Utilities Commission Law gives the Commission power to determine the manner and terms of installation, operation maintenance, use and protection of a grade crossing, it does not seem to be inconsistent with the following seven sections of the law of 1891 in relation to the protection of persons and property at crossings. These seven sections should therefore be construed with section 58 of the Public Utilities Commission Law, and, since the jurisdiction of the Board of Railroad and Ware house Commissioners, so far as it does not conflict with the Public Utilities Commission Law, is transferred to the Commission (Public Utilities Commission Law, sec. 81), ante, 81, the Commission is entitled to exercise the rights and privileges conferred by the Act of 1891 as also the rights and privileges conferred by section 58 of the Public Utilities Commission Law. Wherever the words "Railroad and Warehouse Commission" occur in the seven sections of this statute, read "State Public Utili

ties Commission."

204. When Grade Crossing Dangerous-Power of Commission-Petition.

§ 2. If the said Railroad and Warehouse Commission shall, from information obtained in any manner, have cause to believe that any such grade crossing, as described in section one of this Act, is dangerous to the public or to persons operating trains, and requires protection, then it shall be the duty of the said Commission, without any petition, and of its own motion, to cite the several companies or persons owning or operating the railway tracks froming such crossing, to come before said Commission at such time and place as may be named, and show cause why they should not be required to provide such crossing with interlocking or other safety appliances.

NOTE.-See Wabash Ry. Co. v. Village of Tilton, IV I. P. U. C. 143.

205. Commission to Hear Petition-Interlocking Signals-Cost.

§ 3. At the time and place named for hearing under any petition filed in pursuance of section one of this Act, or in any citation issued in pursuance of section two thereof, unless the hearing is for good cause continued, said Railroad and Warehouse Commission shall proceed to try the question whether or not the crossing shall be protected by interlocking or otherwise, and shall give to all companies and parties interested an opportunity to be fully heard and said Commission shall after such hearing, enter an order upon the record book or docket to be kept for the purpose, denying the petition or discharging the citation if the protection of such crossing as proposed is deemed unnecessary or if said Commission shall be of opinion, from the evidence and facts produced, that the public good requires that such crossing be protected, then the Commission shall enter an order prescribing an interlocking device or equipment for such crossing, in case the companies interested can not agree upon a device, in which order shall be specified the kind of machine to be used, the switches, signals and other devices or appliances to be put in, and the location thereof,

and all other matters which may be deemed proper for the efficient protection of such crossing and said Commission shall further designate in such order, the proportion of the cost of the construction of such plant, and of the expense of maintaining and operating the same, which each of the companies or persons concerned shall pay. [As amended by Act approved May 25, 1907. In force July 1, 1907; L. 1907, p. 474.]

NOTE.-See State Public Utilities Comm. ex rel. Wabash R. Co. v. Illinois Central R. Co. 274 Ill. 36.

206. Commission to Inspect Plant-May Issue Permit to Run Crossing Without Stopping.

§ 4. It shall be the duty of every railroad company or person owning or operating any track involved in any such crossing to comply with and carry out fully, or unite with the others in doing so, any order of the said Railroad and Warehouse Commission made in pursuance of any proceeding instituted or had under this Act, such work to be completed within ninety days after such order is made unless the Railroad and Warehouse Commission shall for good cause shown extend the time; and when any such plant shall have been completed and made ready for use, it shall be the duty of the companies or persons concerned to notify the said Railroad and Warehouse Commission thereof, whereupon said Commission shall inspect or cause to be inspected the said completed plant in the same manner as is now provided, in the Act upon that subject, approved June 3, 1887; and if, upon such inspection, the said plant is deemed to be well constructed and suitable and sufficient for the purpose, the said Railroad and Warehouse Commission shall issue a permit empowering the several companies or persons owning or operating the tracks involved therein to run such crossing without stopping under such rules and regulations as may be in force, or may thereafter be adopted, by the said Commission, any law now in force upon the subject of stopping trains at railway crossings to the contrary notwithstanding.

207. Penalty for Not Complying With Order.

5. Any company, person or corporation refusing or neglecting to comply with any order made by the said Railroad and Warehouse Commission in pursuance of this Act shall forfeit and pay a penalty of $200 for each week of such refusal and neglect, the same to be recovered in an action of debt in the name of the People of the State of Illinois, and to be paid, when collected, into the county treasury of any county where any such suit may be tried.

208. Expenses-How Paid.

§ 6. All expenses incurred in any proceeding under this Act shall be paid by the railway companies concerned, in equal portions, upon bills to be rendered by the secretary of said Commission.

209. What a Crossing Within Meaning of Act.

§ 7. Every junction of two or more railroad tracks, whether the tracks joining each other are owned by different companies or by the same company, shall be taken and deemed to be a crossing within the meaning of this Act: Provided, that this section shall not apply to switch, spur or side tracks.

NOTE. The following Act is repealed by implication: "An Act concerning the rights, powers and duties of certain corporations therein mentioned, authorizing the sale and transfer of any railroad, or railroad and toll bridge, and other property, franchises, immunities, rights, powers and privileges connected therewith or in respect thereto, of any corporation of this State, to a corporation of another state, and prescribing the rights, powers, duties and obligations of the purchasing company," approved April 21, 1899; in force July 1, 1899. (Hurd's Revised Statutes, 1917, Ch. 114, Sec. 218.) This Act is annulled by virtue of section 27 of the Public Utilities Commission Law. Ante, 27. See People v. A. T.

& S. F. Ry. Co., 206 Ill. 252; Illinois Trust Co. v. St. L. I. M. & S. Ry. Co., 208

Ill. 119.

AN ACT to amend an Act entitled, "An Act to revise the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, as subsequently amended, by adding thereto three new sections to be known as section 75a, section 145a and section 145b.

210. Relocation of Crossing-Duty of Highway Commissioners.

SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That an Act entitled, "An Act to revise the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, as subsequently amended by adding thereto three new sections to be known as section 75a, section 145a and section 145b, to read as inserted at length herein.

§ 75a. Whenever the State Public Utilities Commission, or its successor, shall find and certify to the highway commissioners of any town or road district, that the reconstruction, alteration, relocation improvement or abolishment of any crossing of the track of any railroad company across any highway or public road, is necessary to preserve or promote the safety of the public or of the employees or passengers of such railroad, and that for that purpose it is necessary to relocate, divert or establish any highway or public road, it shall be the duty of such highway commissioners to relocate, divert or establish such highway or public road in accordance with such findings. The proceedings for that purpose shall be in accordance with the provisions of subdivision VI of this Act, except that the petition mentioned in section 75 shall not be necessary, but the findings and certificate of said Commission shall stand in lieu of such petition.

Any official who shall fail or neglect to perform any duty created by this section shall be liable to a fine of not less than ten ($10) dollars nor more than one hundred ($100) dollars for each such offense.

211. Duty of Person Operating Vehicle at Grade Crossing.

§ 145b. Upon approaching any highway crossing a railroad at grade, the person controlling the movement of any self-propelled vehicle shall reduce the speed of such vehicle to a rate of speed not [to] exceed ten (10) miles per hour. At grade crossings at which "Stop" signs are placed, the person controlling the movement of any self-propelled vehicle shall bring such vehicle to a full stop at such "Stop" sign before proceeding over the railroad tracks. Failure to bring such vehicle to a full stop at such crossing before passing over the tracks of the railroad, as herein provided, shall be deemed a misdemeanor and the person guilty of such misdemeanor shall be subject to a fine not to exceed ten dollars ($10); the proceeds of fines so collected to be paid into the county treasury and used to maintain the highways of such county.

212. Duty of Highway Commissioners to Remove Obstructions to View.

§ 145a. At all grade crossings of public highways over railroads outside the corporate limits of any city or village, the highway commissioners shall remove, or cause to be removed from the highways all removable obstructions to the view of such grade crossings, such as brush and shrubbery, and trim, or cause to be trimmed, all hedges and trees upon the highway for a distance of not less than three hundred (300) feet from each side of such crossings.

It shall be the duty of the highway commissioners to erect and maintain such signs as the Public Utilities Commission may prescribe alongside the roadway on the highway at a distance of three hundred (300) feet on either side from every grade crossing located in the various townships or road districts of the State, designated as "extra hazardous" by the Public Utilities Commission. Such signs shall be erected upon a substantial post or pedestal at a height of approximately five (5) feet above the level of the highway at the point where such sign is located. No advertising or other signs shall be placed upon the highway or upon the railroad right-of-way within fifty (50) feet of any signs required by law to be placed at or near grade crossings.

It shall be unlawful for any person, firm or corporation to place, or to cause to be placed, any sign at a public highway within a distance of three hundred (300) feet of any grade crossing, except signs or signals required by law or the Public Utilities Commission for the protection of such crossings.

Any person who unlawfully removes, throws down, injures or defaces any sign required by law to be maintained at or near any railroad crossings on the public highway, shall be liable to a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense.

If, in the case of any such crossing it appears that the presence of such signs is unnecessary, the Public Utilities Commission, on petition of the highway commissioners of the township or road district in which such crossing is situated, may release such township or road district of the obligation of placing or maintaining such signs on the highway near such crossing.

It shall be the duty of the highway commissioners to maintain any and all signs placed or erected on any such highway by or through the order of the Public Utilities Commission of this State.

With respect to State aid roads, the duties hereby imposed on the highway commissioners shall be performed by the authorities in charge of such State aid roads.

VIII. INSPECTION OF EQUIPMENT AND OPERATION OF SAFETY APPLIANCES.

AN ACT entitled "An Act providing for the inspection of equipment and operation of safety appliances on railroads engaged in moving traffic between points in the State of Illinois.' [Approved May 12, 1905. In force July 1, 1905. L. 1905, p. 349.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 219-222.) 213. Inspectors of Automatic Couplers-Appointment-Term-Who Eligible. SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That three inspectors of automatic couplers, power brakes and grab irons or hand holds on railroad locomotives, tenders, cars and similar vehicles shall be appointed by the Railroad and Warehouse Commissioners, within thirty days after this goes into effect, who shall hold office two years, unless sooner removed for cause, and until their successors are appointed and qualified. At any time a vacancy occurs in this office, the Railroad and Warehouse Commissioners shall immediately fill the vacancy by appointment.

No person is eligible to hold this office who is an officer or an employee of a railroad company, or owns or is interested, directly or indirectly, in the stocks or bonds of any railroad company or who has not had at least seven years of practical experience on some line of railroad operated in the State of Illinois in one or more of the following capacities: Engineer, fireman, conductor, yardmaster, brakeman, train baggageman, switchman, car inspectors or car repairers. [As amended by Act approved June 26, 1913. In force July 1, 1913. L. 1913, p. 508.]

NOTE. As the jurisdiction of the Board of Railroad and Warehouse Commissioners, in so far as consistent with the Public Utilities Commission Law, is transferred to the Commission (Public Utilities Commission Law, Sec. 81), ante, 81, the words "Railroad and Warehouse Commissioners," wherever they appear in the four sections of this statute should be read: "State Public Utilities Commission."

214. Bond-Oath of Office.

§ 2. Before entering on his duties the said inspector shall give bond to the State of Illinois in the sum of three thousand dollars, with two or more sureties, or a bond and surety company, acceptable to the Railroad and Warehouse Commissioners, conditioned for the faithful performance of his duties, and shall also take the usual oath of office, which oath and bond, with the approval of the Railroad and Warehouse Commissioners endorsed thereon, shall be deposited with the Secretary of State.

215. Right of Passing Over Railroads in Performance of Duties-Salary-Expenses-Office.

$ 3. Said inspectors shall have the right of passing in the performance of their respective duties over all railroads and upon all railroad trains in this State, and over, upon or in all instrumentalities used by any common carrier in the transportation of persons or property between points wholly within the State of Illinois. Each inspector shall be paid a salary of fifteen hundred dollars ($1,500) per year and necessary expenses, which shall be paid in the manner now provided by law for the salaries and expenses of the Railroad and Warehouse Commissioners. Said inspectors shall have their offices in the State House, in the office of the Railroad and Warehouse Commissioners, and shall be under the supervision of said commissioners. [As amended by Act approved June 26, 1913. In force July 1, 1913. L. 1913, p. 508.]

§ 4. It shall be the duty of the said inspectors to inspect the surface and track conditions of train yards, sanitary condition of cars used in transporting persons between points in Illinois, and investigate train accidents resulting in injury to persons or property. Said inspectors shall inspect the couplers, power brakes and grab irons or hand holds and other portions of cars and engines used by persons on the railroads engaged in moving traffic between points in Illinois and shall make weekly reports of his inspections, reporting all conditions to the Railroad and Warehouse Commission. [As amended by Act approved June 26, 1913. In force July 1, 1913. L. 1913, p. 508.]

NOTE. See Luken v. Lake Shore & M. S. R. Co. 248 Ill. 377, Affg. 154 Ill. App. 550.

IX. PROMOTING SAFETY OF EMPLOYEES AND TRAVELERS BY COMPELLING COMMON CARRIERS TO EQUIP CARS WITH AUTOMATIC COUPLERS, ETC.

AN ACT to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in moving traffic by railroad between points in the State of Illinois to equip their cars with automatic couplers and continuous brakes and their locomotives with driving wheel brakes, and for other purposes. [Approved May 12, 1905. In force July 1, 1905. L. 1905, p. 350. Legal News Ed., p. 275.] (Hurd's Revised Statutes 1917, Ch. 114, Secs. 223232.)

217. Equipment as to Brakes.

SECTION.1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That from and after the passage of this Act it shall be unlawful for any common carrier engaged in moving traffic by railroad between points in this State to use on its line any locomotive in moving such traffic, not equipped with a power driving wheel brake and appliances for operating the train brake system, or to run any train in such traffic after the passage of this Act that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakeman to use the common hand brake for that purpose.

NOTE. This Act should be construed in connection with section 49 of the Public Utilities Commission Law, with reference to facilities and equipment. And as the jurisdiction of the Board of Railroad and Warehouse Commisioners, so far as consistent with the Public Utilities Commission Law, is transferred to the Commission (Public Utilities Commission Law, Sec. 81), ante, 81, the words "Railroad and Warehouse Commission," wherever they appear in ten sections of the statute, should be read "State Public Utilities Commission."

See Luken v. Lake Shore & M. S. R. Co. 248 Ill. 377, Affg. 154 Ill. App. 550.

218. Equipment as to Couplers.

§ 2. That from and after the passage of this Act shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any locomotive, tender, car or similar vehicle used in moving State traffic