not equipped with couplers, coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the

cars.

NOTE. See Erlinger v. St. Louis O'Fallon R. Co. 152 Ill. App. 640.

219. May Refuse to Receive Cars Not Properly Equipped from Connecting Lines.

§ 3. That when any person, firm, company or corporation engaged in moving traffic by railroad between points in the State of Illinois shall have equipped a sufficient number of its cars so as to comply with the provisions of section 1 of this Act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently in accordance with the first section of this Act, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by this Act.

220. Must be Equipped with Secure Grab Irons.

§ 4. That from and after the passage of this Act it shall be unlawful for any railroad company to use any locomotive, tender, car, or similar vehicle, in connection with the movement of traffic between points in this State that is not provided with secure grab irons or hand-holds in the ends and sides of each locomotive, tender, car, or similar vehicle for greater security to men in coupling and uncoupling cars.

221. Standard Height of Drawbars.

§ 5. That the standard height of draw bars, measured perpendicularly from the level of the tops of the rails to the center of the draw bars upon standard gauge roads shall be thirty-four and one-half inches; narrow gauge roads twenty six inches, and that the maximum variation from such standard height to be allowed between drawbars of empty and loaded cars shall be three inches.

222. Penalties. $ 6. That any such common carrier using any locomotive, or tender running any train, or hauling or permitting to be hauled or used on its lines any car, or similar vehicle, in violation of any of the provisions of this Act shall be liable to a penalty of one hundred dollars for each and every such violation to be recovered in a suit or suits to be brought by the State's attorney in the Circuit Court of the county having jurisdiction in the locality where such violation shall have occurred; and it shall be the duty of such State's attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall be the duty of the State Public Utilities Commission of Ilinois to lodge with the proper State's attorneys information of any such violations as may come to its knowledge; Provided, that nothing in this Act contained shall apply to trains composed of four wheel cars or to trains composed of eight wheel standard logging cars, where the height of such car from the tops of the rails to the center of the couplings does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs, or street cars, or to trains, locomotives, tenders, cars and similar vehicles used in interstate commerce; And provided that nothing in this Act contained, except as to the require ments of section 2 of this Act shall apply to locomotives operated on any narrow gauge surface railway which does not interchange cars with any connecting railway, or to four wheel cars having a capacity of not to exceed eight tons, or trains composed of such cars, operated on such narrow gauge railway.

And provided further that nothing in this Act contained shall in any manner affect the power, authority and jurisdiction of the State Public Utilities Commission of Illinois to make and enforce any orders, rules or regulations it may now or at any time be authorized by law to make or enforce with regard to the health and safety of the employees, passangers

and customers of such railway or the public. (As amended by Act of June 29, 1917.)

223. Application of Provisions.

$ 7. The provisions and requirements of this Act shall be held to apply to common carriers engaged in moving traffic by railroad between points in this State and shall apply in all cases, whether or not the couplers brought together are of the same kind, make or type, and the provisions and requirements hereof relating to power driving wheel brakes, train brakes, automatic couplers, grab irons and the height of drawbars shall be held to apply to all trains, locomotives, tenders, cars and similar vehicles used on any railroad engaged in moving traffic between points in the State of Illinois, excepting those trains, cars and locomotives exempted by the provisions of section 6 of this Act, and all those trains, locomotives, tenders, cars and similar vehicles used in interstate commerce.

224. Percentage of Cars in Train Required to be Operated with Power Brakes. § 8. That whenever, as provided by this Act, any train is operated with power or train brakes not less than fifty per centum of the cars in such train shall have their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said fifty per centum shall have their brakes so used and operated; and, to more fully carry into effect the objects of this Act, the Railroad and Warehouse Commission may, from time to time, after a full hearing, increase the minimum percentage of cars in any train required to be operated with power or train brakes, which may have their brakes used and operated as aforesaid; and failure to comply with any such requirement of said Railroad and Warehouse Commission shall be subject to the like penalty as failure to comply with any requirements of this section.

225. Injury to Employee Where Train Not Properly Equipped.

§ 9. That any employee of any such common carrier who may be injured by any train, locomotive, tender, car or similar vehicle in use contrary to the provisions of this Act, shall not be deemed to have assumed the risks hereby occasioned, nor to have been guilty of contributory negligence, because of continuing in the employment of such common carrier or in the performance of his duties as such employee after the unlawful use of such train, locomotive, tender, car, or similar vehicle, had been brought to his knowledge.

226. Extension of Time to Narrow Gauge Railroads.

§ 10. The Railroad and Warehouse Commission is hereby empowered to grant a narrow gauge railroads, upon a full hearing and for good cause, a reasonable extension of time in which to comply with the provisions of this Act: Provided, however that such extension or extensions shall not exceed in the aggregate the period of one year from and after its passage.

NOTE. An enactment of the General Assembly entitled, "An Act requiring common carriers of freight to provide and maintain sidetracks and connections for shippers and receivers of freight," approved June 14, 1909, in force July 1, 1909 (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 301 302), is superseded by section 45 of the Public Utilities Commission Law. Ante, 45.

X. REGULATING SIZE OF CABOOSE CARS.

AN ACT to regulate the size and manner of construction of all caboose cars used by any person, receiver or corporation operating a line of railroad situated wholly or in part within the State and providing a penalty in the event of failure. [Approved June 15, 1909. In force July 1, 1909. L. 1909, p. 306.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 303-306.)

227. Construction and Equipment of Caboose Cars.

SECTION 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That it shall be unlawful for any person,

receiver or corporation, operating a line of railroad situated in whole or in part in the State of Illinois, to require or to permit the use of any caboose cars unless said caboose cars shall be at least twenty-four feet in length, exclusive of platforms, and shall be provided with a door in each end thereof, and with cupolas, and with platforms, not less than thirty inches wide across each end thereof, and that said platforms shall be equipped with guard rails, grab irons and steps for the safety of persons in alighting or getting on said caboose cars, and said caboose cars shall be equipped with at least two four-wheel trucks.

NOTE. As the jurisdiction of the Board of Railroad and Warehouse Commissioners, in so far as it does not conflict with the Public Utilities Commission Law, is transferred to the State Public Utilities Commission (Public Utilities Commission Law, sec. 81, ante, 81), the words "Board of Railroad and Warehouse Commissioners" or "Railroad and Warehouse Commission," wherever they appear in the four sections of this statute, should be read "State Public Utiliities Commission."

228. Penalty.

§ 2. Any person, receiver or corporation, operating a line of railroad situated in whole or in part in this State, violating any of the provisions of section 1 of this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

229. Board to Enforce Law.

§ 3. It shall be the duty of the Board of Railroad and Warehouse Commissioners to have this law enforced.

230. Application of Act.

§ 4. The provisions of this Act shall not apply to the use of caboose cars in yard and in transfer service, nor to the use of cabbose cars now owned by any railroad or railway company operating in this State; and it is further provided that in case of unusual and unforeseen demands of traffic, caboose cars not of standard construction may be used temporarily, provided that the railway company or companies desiring to use the same shall apply to and obtain an order of the Railroad and Warehouse Commission granting the privilege to temporarily use the same.

XI. HEADLIGHTS ON LOCOMOTIVE ENGINES.

AN ACT in relation to the equipment of locomotive engines with headlights and providing penalty for violation of same. [Approved June 26, 1913. In force July 1, 1913.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 307, 308.) 231. Headlights on Locomotive Engines.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all common carriers by railroad, operating or doing business in this State, shall be required to equip and maintain and use on all locomotive engines used by them in passenger service (except suburban passenger service) a headlight of sufficient candle power, measured with the aid of a reflector, to throw a light in clear weather that will enable the operator of same to plainly discern an object the size of a man, upon the track, at a distance of eight hundred feet from the headlight; and upon all locomotive engines used by them in freight service, exclusive of engines in switching, and transfer service, with a headlight of sufficient candle power measured with the aid of a reflector, to throw a light in clear weather that will enable the operator of same to plainly discern an object the size of a man upon the track, at a distance of four hundred and fifty feet from the headlight; and upon all engines used by them in switching, transfer and suburban passenger service, with a headlight of sufficient candle power, measured with the aid of a reflector, to throw a light, in clear weather, that will enable the operator to plainly discern an object the size of a man upon the track, at a distance of two hundred and fifty feet from the headlight: Provided, this Act shall not

apply to any locomotive engines running between sunup and sundown, or to any locomotive engine the equipment of which has failed during the trip, providing it is shown that the equipment was in efficient and effective working condition when the trip was begun.

232. Penalty.

§ 2. That any common carrier by railroad violating any of the provisions of this Act shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

160.

NOTE. See Condon v. Vandalia R. Co., III I. P. U. C. 39, P. U. R. 1916-F

XII. MAXIMUM RATE OF CHARGES.

AN ACT to establish and regulate the maximum rate of charges for the transportation of passengers by corporations or companies operating or controlling railroads in part or in whole in this State, and to provide penalties for the violation of the provisions thereof, and repealing all Acts and parts of Acts in conflict herewith. [Approved May 27, 1907. In force July 1, 1907; L. 1907, p. 476.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 233-236.)

233. Maximum Rate per Mile.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: that it shall hereafter be unlawful for any corporation or company engaged in the carriage of passengers upon any railroad between points in this State, to charge in excess of two (2) cents per mile for the carriage of adult passengers where any passenger has purchased a ticket entitling him to carriage, or in excess of one (1) cent per mile for the carriage of a passenger under twelve (12) years of age where such passenger has purchased a ticket entitling him to carriage: Provided, that the charge in no case shall be less than five cents (5c), and in determining the charge fractions of less than one-half (1⁄2) mile shall be disregarded and all other fractions counted as one (1) mile. If any adult passenger shall have failed to purchase a ticket entitling him to carriage a rate of three (3) cents per mile may be charged and collected; and if any passenger under twelve (12) years of age shall have failed to purchase a ticket entitling him to carriage a rate of one and one-half (12) cents per mile may be charged and collected. [As amended by Act approved June 27, 1913. In force July 1, 1913. L. 1913, p. 508.]

NOTE.-See Re Southern Illinois Light & Power Co., VI I. P. U. C. 6; Re Alton, Granite & St. Louis Trac. Co., VI I. P. U. C. 109; Re Aurora, Elgin & Chicago Ry. Co., V I. P. U. C. 1157; etc.

234. Penalty.

§ 2. For any violation of the provisions of this Act by any such corporation or company, its agent or employee, such corporation or company shall forfeit and pay to the State of Illinois, a penalty of not less than twenty-five (25), nor more than one hundred (100) dollars for every such violation, to be recovered by suit brought in the name of the State of Illinois by the Attorney General of the State in any court of competent jurisdiction in any county into or through which said corporation or company runs or passes, or by the State's Attorney of any county through which said corporation or company runs or passes. Where such penalty is recovered in a suit brought by a State's Attorney as provided by this Act, there shall be recovered in addition thereto the sum of ten (10) dollars as compensation for said prosecuting attorney.

235. Invalidity of Section.

§ 3. The invalidity of any section of this Act shall not invalidate any other section thereof.

236. Repeal.

§ 4. All laws in conflict herewith are hereby repealed.

XIII. REDEMPTION OF DRAWBACK CHECKS.

AN ACT to regulate and enforce the redemption of drawback checks issued by railroad corporations. [Approved June 1, 1889. In force July 1, 1889. L. 1889, p. 225; Legal News Ed., p. 139.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 202, 203.)

237. Drawback Check-Redemption of.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That where any railroad corporation issues or causes to be issued or delivered, by a conductor or other authorized agent, what is known as a drawback check to any passenger on account of the over-payment of cash fare by such passenger for transportation over any part of such railroad, such drawback check shall be redeemed by said corporation upon its presentation by the holder at any ticket office of such corporation, within ten years after such drawback check may have been issued; and upon refusal of the agents of such corporation in charge of such ticket office to redeem the same upon such presentation, the holder of such drawback check may maintain an action against such corporation in any court of competent jurisdiction for the recovery of the amount of money stipulated in such drawback check, together with costs of suit and a reasonable attorney's fee, to be fixed by the court where the cause is heard, on appeal or otherwise, and taxed as a part of the costs of suit.

238. Term "Railroad Corporation" Defined.

§ 2. The term railroad corporation contained in this Act shall be deemed and taken to include all companies, lessees, contractors, persons or association of persons, whether incorporated or otherwise owning, operating or using any railroads in this State.

NOTE.-See Illinois Cent. R. Co. v. People 95 Ill. 313, Affd. 108 U. S. 541, 27 L. Ed. 818; Chicago, B. & O. R. Co. v. Jones 149 Ill. 361 writ of error dismissed 41 L. Ed. 1184; Snell v. Clinton Elec. L. H. & P. Co. 196 Ill. 626, Revg. 95 Ill. App. 552; See also Ruggles v. People 91 Ill. 256, Affd. 108 U. S. 526; etc.

XIV. RE-LOCATION OF RAILROAD TO RUN THROUGH

COUNTY SEAT.

AN ACT to enable any railroad company whose main line runs near to any county seat to change and re-locate such line so as to run through such county seat. [Approved May 5, 1891. In force July 1, 1891. L. 1891, p. 183.] (Hurd's Revised Statutes, 1917, Ch. 114, Secs. 205-208.)

239. Re-Location of Railroad-County Seat.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That each and every railroad corporation organized in this State, or doing business therein, which has a branch of its railway running through any county seat, and is compelled by law to run all trains passing over the line used by it as its main line upon and over said branch to such county seat, be and it is hereby authorized to re-locate and change the line used by it as its main line of railway and bring it into or through such county seat, so that all trains running over said main line shall pass into or through such county seat on said main line and stop thereat to receive and let off passengers and to put on and take off freight.

NOTE. It is the general rule that where the charter of a railroad corporation prescribes the termini and general route of the road, leaving the details to be provided for by the corporation at its discretion, the power to determine the location of the line will be at an end as soon as this discretionary power has been exercised. The road cannot be re-located without statutory authority and it follows that, having no right to re-locate without such authority, there is no power to condemn a right of way for such proposed new route. See Cairo, Vincennes & Chicago Railway Company v. Woodyard, 226 Ill., 331, 335.

240.

Re-Location-Running Trains-Main Line Depot.

§ 2. Whenever any railroad corporation shall have re-located and changed the line used by it as its main line of railway, as provided in section