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Commissioners.

125. APPEALS-NOTICES.] § 3. In all matters involving doubt on the part of the chief inspector, or any assistant inspector, as to the proper inspection of any lot of grain, or in case any owner, consignee or shipper of grain, or any warehouse manager, shall be dissatisfied with the decision of the chief inspector or any assistant inspector, an appeal may be made to said committee of appeal, and the decision of a majority of said committee shall be final. Said board of commissioners are authorized to make all necessary rules governing the manner of appeals, as herein provided. And all complaints in regard to the inspection of grain, and all notices requiring the services of the committee of appeal, may be served on said committee, or may be filed with the warehouse registrar of said city, who shall immediately notify said committee of the fact, and who shall furnish said committee with such clerical assistance as may be necessary for the proper discharge of their duties. It shall be the duty of said committee, on receiving such notice, to immediately act on and render a decision in each case. 126. FEES.] § 4. For every case decided by said committee of appeal, they shall be entitled to such fees as may be fixed by the board of railroad and warehouse commissioners, not to exceed $3 for each member of said committee for each case submitted-said fees to be paid either from the inspection fund or by the party taking the appeal, as the commissioners shall direct; and all necessary expenses incurred in carrying out the provisions of this act, except as herein otherwise provided, shall be paid out of the funds collected for the inspection service, on the order of the commissioners.

127. "REGISTERED FOR COLLECTION”—INSPECTION FEES.] §5. No grain shall be delivered from store from any warehouse of class A, for which or representing which warehouse receipts shall have been issued, except upon the return of such receipts, stamped or otherwise plainly marked by the warehouse registrar with the words "registered for collection," and the date thereof; and said board of commissioners shall have power to fix the rates of charges for the inspection of grain, both into and out of warehouse; which charges shall be a lien upon all grain so inspected, and may be collected of the owners, receivers or shippers of such grain, in such manner as the said commissioners may prescribe.

128. REPEAL.] § 6. Section 13 of the act to which this is an amendment, is hereby repealed: Provided, the provisions contained in said section shall remain in force until the grades for the inspection of grain shall have been established by the commissioners, as provided in section 1 of this act. [Grades fixed by commissioners, July 1, 1873.

RAILROAD AND WAREHOUSE COMMISSIONERS.

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. L. 1871-2, p. 618.]

129. APPOINTMENT-TERM.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a commission, which shall be styled "Railroad and Warehouse Commission," shall be appointed as follows: Within twenty days after this act shall take effect, the governor shall appoint three persons as such commissioners, who shall hold their office until the next meeting of the general assembly, and until their successors are appointed and qualified. At the next meeting of the general assembly, and every two years thereafter, the governor, by and with the advice and consent of the senate, shall appoint three persons as such commissioners, who shall hold their offices for the term of two years from the first day of January in the year of their appointment, and until their successors are appointed and qualified.

130. QUALIFICATIONS.] § 2. No person shall be appointed as such commissioner who is at the time of his appointment in any way connected with any railroad company or warehouse, or who is directly or indirectly interested in any

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stock, bond, or other property of, or is in the employment of any railroad company or warehousemau; and no person appointed as such commissioner shall, during the term of his office, become interested in any stock, bond or other property of any railroad company or warehouse, or in any manner be employed by or connected with any railroad company or warehouse. The governor shall have power to remove any such commissioner at any time, in his discretion.

131. OATH-BOND.] § 3. Before entering upon the duties of his office, each of the said commissioners shall make and subscribe, and file with the secretary of state, an affidavit, in the following form:

I do solemnly swear (or affirm, as the case may be,) that I will support the constitution of the United States, and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of commissioner of railroads and warehouses, according to the best of my ability.

And shall enter into bonds, with security to be approved by the governor, in the sum of $20,000, conditioned for the faithful performance of his duty as such commissioner.

132. COMPENSATION-SECRETARY-OFFICE-EXPENSES.] § 4. Each of said commissioners shall receive for his services a sum not exceeding $3,500 per an num, payable quarterly. They shall be furnished with an office, office furniture and stationery, at the expense of the state, and shall have power to appoint a secretary to perform such duties as they shall assign to him. Said secretary shall receive for his services a sum not exceeding $1,500 per annum. The office of the said commissioners shall be kept at Springfield, and all sums authorized to be paid by this act shall be paid out of the state treasury, and only on the order of the governor: Provided, that the total sum to be expended by said commissioners for office rent and furniture and stationery shall, in no case, exceed the total sum of $800 per annum.

133. RIGHT TO PASS ON TRAINS, ETC.] § 5. The said commissioners shall have the right of passing, in the performance of their duties concerning railroads, on all railroads and railroad trains in this state.

134. REPORT OF RAILROADS.] § 6. Every railroad company incorporated or doing business in this state, or which shall hereafter become incorporated, or do business under any general or special law of this state, shall, on or before the first day of September, in the year of our Lord 1871, and on or before the same day in each year thereafter, make and transmit to the commissioners appointed by virtue of this act, at their office in Springfield, a full and true statement, under oath of the proper officers of said corporation, of the affairs of their said corporation, as the same existed on the first day of the preceding July, specifyingFirst-The amount of capital stock subscribed, and by whom.

Second-The names of the owners of its stock, and the amounts owned by them respectively, and the residence of each stockholder as far as known.

Third-The amount of stock paid in, and by whom.

Fourth-The amount of its assets and liabilities.

Fifth-The names and place of residence of its officers.

Sixth-The amount of cash paid to the company on account of the original capital stock.

Seventh-The amount of funded debt.

Eighth-The amount of floating debt.

Ninth-The estimated value of the road bed, including iron and bridges.

Tenth-The estimated value of rolling stock.

Eleventh-The estimated value of stations, buildings and fixtures.

Twelfth-The estimated value of other property.

Thirteenth-The length of single main track.

Fourteenth-The length of double main track.

Fifteenth-The length of branches, stating whether they have single or double

track.

Sixteenth-The aggregate length of siding and other tracks not above enume

rated.

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Seventeenth-The number of miles run by passenger trains during the year preceding the making of the report.

Eighteenth-The number of miles run by freight trains during the same period. Nineteenth-The number of tons of through freight carried during the same

time.

Twentieth-The number of tons of local freight carried during the same time. Twenty-first-Its monthly earnings for the transportation of passengers during the same time.

Twenty-second-Its monthly earnings for the transportation of freight during the same time.

Twenty-third-Its monthly earnings from all other sources respectively.

Twenty-fourth-The amount of expense incurred in the running and manage. ment of passenger trains during the same time.

Twenty-fifth-The amount of expense incurred in the running and management of freight trains during the same time; also, the amount of expense incurred in the running and management of mixed trains during the same time.

Twenty-sixth-All other expenses incurred in the running and management of the road during the same time, including the salaries of officers, which shall be reported separately.

Twenty-seventh-The amount expended for repairs of road and maintenance of way, including repairs and renewal of bridges and renewal of iron.

Twenty-eighth-The amount expended for improvement, and whether the same are estimated as a part of the expenses of operating or repairing the road, and, if either, which.

Twenty-ninth-The amount expended for motive power and cars.

Thirtieth-The amount expended for station houses, buildings and fixtures. Thirty-first-All other expenses for the maintenance of way.

Thirty-second-All other expenditures, either for management of road, mainte uance of way, motive power and cars, or for other purposes.

Thirty-third-The rate of fare for passengers for each month during the same time, through and way passengers separately.

Thirty-fourth-The tariff of freights, showing each change of tariff during the same time.

Thirty-fifth-A copy of each published rate of fare for passengers and tariff of freight, in force or issued for the government of its agents during the same time. Thirty-sixth-Whether the rate of fare and tariff of freight in such published lists are the same as those actually received by the company during the same time; if not, what were received.

Thirty-seventh-What express companies run on its roads and on what terms and on what conditions; the kind of business done by them, and whether they take their freights at the depots or at the office of such express companies. Thirty-eighth-What freight and transportation companies run on its road, and on what terms.

Thirty-ninth-Whether such freight and transportation companies use the cars of the railroad or the cars furnished by themselves.

Fortieth-Whether the freight or cars of such companies are given any preference in speed or order of transportation, and if so, in what particular. Forty-first-What running arrangements it has with other railroad companies, setting forth the contracts for the same.

[See § 144.

135. ADDITIONAL INQUIRIES.] § 7. The said commissioners may make and propound to such railroad companies any additional interrogatories, which shall be answered by such companies in the same manner as those specified in the foregoing section. [See § 141-2.

136. APPLIES TO OFFICERS OF ROAD.] S. Sections 6 and 7 of this act act shall apply to the president, directors and officers of every railroad company now existing or which shall be incorporated or organized in this state, and to every lessee, manager and operator of any railroad within this state.

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137. STATEMENT BY WAREHOUSEMAN.] § 9. It shall be the duty of every owner, lessee and manager of every public warehouse in this state to furnish, in writing, under oath, at such times as such railroad and warehouse commissioners shall require and prescribe, a statement concerning the condition and management of his business as such warehouseman. [See § 141-2.

138. REPORT BY COMMISSIONERS-EXAMINATION.] § 10. Such commissioners shall, on or before the first day of December, in each year, and oftener if required by the governor to do so, make a report to the governor of their doings for the preceding year, containing such facts, statements and explanations as will disclose the actual workings of the system of railroad transportation and warehouse business in their bearings upon the business and prosperity of the people of this state, and such suggestions in relation thereto as to them may seem appropriate, and particularly, first, whether in their judgment the railroads can be classified in regard to the rate of fare and freight to be charged upon them, and if so, in what manner; second, whether a classification of freight can also be made, and if so, in what manner. They shall also, at such times as the governor shall direct, examine any particular subject connected with the condition and management of such railroads and warehouses, and report to him in writing their opinion thereon with their reasons therefor.

139. EXAMINATIONS OF RAILROADS AND WAREHOUSES-SUITS.] § 11. Said commissioners shall examine into the condition and management, and all other matters concerning the business of railroads and warehouses in this state, so far as the same pertain to the relation of such roads and warehouses to the public, and to the accommodation and security of persons doing business therewith; and whether such railroad companies and warehouses, their officers, directors, managers, lessees, agents and employees, comply with the laws of this state now in force, or which shall hereafter be in force concerning them. And whenever it shall come to their knowledge, either upon complaint or otherwise, or they shall have reason to believe that any such law or laws have been or are being violated, they shall prosecute or cause to be prosecuted all corporations or persons guilty of such violation. In order to enable said commissioners efficiently to perform their duties under this act, it is hereby made their duty to cause one of their number, at least once in six months, to visit each county in the state, in which is or shall be located a railroad station, and personally inquire into the management of such railroad and warehouse business. [See § 141-2.

140. CANCELLATION OF WAREHOUSE LICENSES.] § 12. Said commissioners are 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 them be deemed proper. And if, upon such hearing, it shall appear that any public warehouseman has been guilty of violating any law of this state concerning the business of public warehousemen, said commissioners may cancel and revoke the license of said public warehouseman, and immediately notify the officer who is sued such license of such revocation and cancellation; and no person whose license as a public warehouseman shall be canceled 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 so construed 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. [See § 98.

141. POWER TO EXAMINE BOOKS, ETC.] § 13. The property, books, records, accounts, papers and proceedings of all such railroad companies, and all public warehousemen, shall at all times, during business hours, be subject to the examination and inspection of such commissioners, and they shall have power to

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examine, under oath or affirmation, any and all directors, officers, managers, agents and employees of any such railroad corporation, and any and all owners, managers, lessees, agents and employees of such public warehouses and other persons, concerning any matter relating to the condition and management of such business.

142. MAY EXAMINE WITNESSES, ETC.] § 14. In making any examination as contemplated in this act, or for the purpose of obtaining information, pursuant to this act, said commissioners shall have the power to issue subpenas for the attendance of witnesses, and may administer oaths. In case any person shall willfully fail or refuse to obey such subpena, it shall be the duty of the circuit court of any county, upon application of the said commissioners, to issue an attachment for such witness, and compel such witness to attend before the commissioners, and give his testimony upon such matters as shall be lawfully required by such commissioners; and the said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court.

143. PENALTY AGAINST WITNESSES.] § 15. Any person who shall willfully neglect or refuse to obey the process of subpena issued by said commissioners, and appear and testify as therein required, shall be deemed guilty of a misdemeanor, and shall be liable to an indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense, by a fine of not less than 25 nor more than $500, or by imprisonment of not more than thirty days, or both, in the discretion of the court before which such conviction shall be had.

144. PENALTY AGAINST RAILROAD COMPANIES, WAREHOUSEMEN, ETC.] § 16. Every railroad company, and every officer, agent or employee of any railroad company, and every owner, lessee, manager or employee of any warehouse, who shall willfully neglect to make and furnish any report required in this act, at the time herein required, or who shall willfully and unlawfully hinder, delay, or obstruct said commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than 100 nor more than $5,000 for each offense, to be recovered in an action of debt in the name and for the use of the People of the State of Illinois; and every railroad company, and every officer, agent or employee of any such railroad company, and every owner, lessee, manager, or agent or employee of any public warehouse, shall be liable to a like penalty for every period of ten days it or he shall willfully neglect or refuse to make such report.

145. ATTORNEY-GENERAL AND STATE'S ATTORNEY TO PROSECUTE SUITS.] § 17. It shall be the duty of the attorney-general, and the state's attorney in every circuit or county, on the request of said commissioners, to institute and prosecute any and all suits and proceedings which they, or either of them, shall be directed by said commissioners to institute and prosecute for a violation of this act, or any law of this state concerning railroad companies or warehouses, or the officers, employees, owners, operators or agents of any such companies or warehouses.

146. IN NAME OF PEOPLE-PAY—QUI TAM ACTIONS.] § 18. All such prosecutions shall be in the name of the People of the State of Illinois, and all money's arising therefrom shall be paid into the state treasury by the sheriff or other officer collecting the same; and the state's attorney shall be entitled to receive for his compensation, from the state treasury, on bills to be approved by the gov ernor, a sum not exceeding ten per cent. of the amount received and paid into the state treasury as aforesaid: Provided, this act shall not be construed so as to prevent any person from prosecuting any qui tam action as authorized by law, and of receiving such part of the amount recovered in such action as is or may be provided under any law of this state.

147. RIGHTS OF INDIVIDUALS SAVED.] § 19. This act shall not be so construed as to waive or affect the right of any person, injured by the violation of any law in regard to railroad companies or warehouses, from prosecuting for his private damages in any manner allowed by law.

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