« AnteriorContinuar »
$ 247d. When railroad engines and trains may legally pass
over grade crossing or bridge without stoppingWhen in case two or more railroads or a railroad and an electric railroad crossing each other at a common grade, or any railroad crossing a stream by a swing or draw-bridge shall, by a system of interlocking, or by other works or fixtures, to be erected by them, or either of them, render it safe for engines or trains to pass over such crossing, or bridge, without stopping, and such system of interlocking works or fixtures shall first be approved by the commissioner of railroads and telegraphs, and a plan of such interlocking works or fixtures, for such crossing or bridge, designating the plan of crossing shall have been filed with such commissioner, then and in that case, it is hereby made lawful for the engines and trains of such railroad or railroads, to pass over such crossing or bridge, without stopping, any law, or the provisions of any law, now in force to the contrary notwithstanding, and all such other provisions of law contrary thereto are hereby declared not to be applicable in such case; provided, that the said commissioner shall have and is hereby given power in case such interlocking system, or other fixtures, shall, in his judgment, prove to be unsafe or impracticable, to order the same discontinued, opportunity first being given the person or company operating the same to be heard before said commissioner as to the propriety of such order. In case such order is made and enforced, the existing statutes relative to stopping at crossings shall apply until such times as a device approved by said commissioner is substituted. 92 0. L. 315.
$ 247e. Petition for safety devices and procedure thereon
That in case where the tracks of two or more railroads, or the tracks of a railroad and an electric railroad, cross each other at a common grade in this state, any company owning any one of such tracks, whose managers may desire to unite with others in protecting such crossing with interlocking, or other safety devices, and shall be unable to agree with such others on the matter, may file with the said commissioner a petition stating the facts of the situation and asking said commissioner to order such crossing to be protected by interlocking, or other safety devices ; said petition shall be accompanied by a plan showing the location of all tracks and switches, and upon the filing thereof notice shall
be given each company or persons owning or operating any track involved in such crossing, and the said commissioner 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. At the time and place named for hearing, unless the hearing is for good cause continued, said commissioner shall proceed to try the question of whether or not the crossing shall be protected by interlocking or other safety devices, and shall give all companies and parties interested an opportunity to be fully heard; and after such hearing said commissioner shall enter an order upon the record book, or docket, to be kept for the purpose, granting or denying such petition; and in case the same is granted, such order shall prescribe the interlocking or other safety devices for such crossing and all other matters which may be deemed proper to the efficient protection of such crossing, and in such order the commissioner shall designate the proportion of the cost of the construction of such plant, and the expense of maintaining and operating the same, which each of the companies or persons concerned shall pay, and shall also fix the time within which such appliance shall be put in, such time, however, not to exceed ninety days from the making of such order. 92 O. L. 315.
“Interlocking systems" discussed. Ry. Co. v. Ry. Co., 5 N. P. 53 (C. P.)
$ 217f. Compulsory interlocking
In case, however, one railroad company or an electric railroad company shall hereafter seek to cross at grade with its track, or tracks, the track or tracks, of another railroad, the railroad company, or the electric railroad company, seeking to cross at grade shall be compelled to provide interlocking or other safety devices put in to the satisfaction of the said commissioner of railroads to protect such crossing, and to pay all costs of such appliance, together with the expense of putting them in. The future maintenance and operation thereof shall be equally apportioned between the two or more roads by the said commissioner of railroads and telegraphs ; provided, this act shall not apply to crossings of side tracks only. 93 O. L. 334.
§ 247g. When railroad engines and trains and electric cars
may legally pass over crossings without stop
pingWhenever interlocking or other safety devices are constructed and maintained in compliance with section two or three of this act then and in that case it shall be lawful for the engines and trains of such railroad or railroads and the cars of such electric railroad to pass over said crossing without stopping; any law or the provisions of any law, now in force to the contrary notwithstanding; and all such other provisions of law contrary thereto are hereby declared not to be applicable in such case.
92 0. L. 315.
$ 247h. Penalty for refusal or neglect to comply with
orderAny person, company or corporation refusing or neglecting to comply with any order made by the said commissioner of railroads and telegraphs in pursuance of this act shall forfeit and pay a penalty of five hundred dollars per week for each week of such refusal and neglect, the same to be recovered in an action of debt in the name of the State of Ohio, and to be paid, when collected, unto the county treasurer of any county in which such suit may be tried. 92 0. L. 315.
$ 248. Shall examine into alleged violations of law by
railroad, its officers, agents, or employesWhen the commissioner, upon complaint or otherwise, has reason to believe that any railroad company, or any officer, agent, or employe of any railroad company, has violated, or is violating, any of the laws of the state, he shall examine into the matter. 64 v. III, S 5; S. & S. 76.
$ 248a. Duty of, as to differences between citizens and
common carriersWhen the commissioner, on complaint, or otherwise, has reason to believe that differences have arisen between citizens of the state and any corporation operating as a common carrier within the state, he shall examine into the matter, and shall report his findings to the general assembly, if in session, otherwise to the governor. 83 v. 206.
$ 249. Office in the state-house-May appoint a clerk
Powers and duties of the clerk-The office of the commissioner shall be in the state-house; and he may appoint a clerk, which appointment must be evidenced by the certificate of the commissioner; the clerk shall discharge such duties as are assigned to him by the commissioner, and he may issue subpenas for witnesses and administer oaths in all matters pertaining to the duties of the office of commissioner. 68 v. 55, $ 3.
$ 250. Commissioner may pass free over all railroads
The commissioner shall have the right of passing, in the performance of his duties, on all the railroads within the state, and upon all trains, and any part thereof, free of charge. 64 V. III, $ 4; S. & S. 76.
$ 250-1. Additional statements, etc., required of railroad
and telegraph companiesEvery railroad company and telegraph company incorporated or doing business in this state, or which shall hereafter become incorporated and do business under any general law in this state, shall, in addition to the reports already required by law, on or before the first day of September in each year, make and transmit to the commissioner of railroads and telegraphs a full and true statement under oath of the proper officers of said corporation, of the affairs of the said corporation as the same existed on the 30th day of the preceding June. Such statement shall be in the form and manner as may be prescribed by the said commissioner of railroads and telegraphs. The commissioner shall prepare and furnish each railroad company, or to each organization having one or more railroads in charge, and to each telegraph company or general manager thereof in the state, blank forms for making the report required herein, and the said commissioner may at any time make and propound to such railroad companies any additional interrogatories which to him may seem necessary. When any report is defective, or appears to be erroneous, the said commissioner shall notify the corporation to amend the same in the matter or matters named and make return of the same within fifteen days. Every railroad corporation shall, within a reasonable time after their road shall be constructed, and at any other time when required by said commissioner, cause to be made a map and profile thereof and file the same with the commissioner ; every such map shall be drawn on a scale and certified and signed by the president or engineer of such corporation. Every railroad company and telegraph company shall make out under oath and file with said commissioner of railroads and telegraphs, on or before the first day of September of each year, a true list of the names of each and every stockholder, giving the number of shares owned by such stockholder, together with his post office address.
$ 250-2. Expenses to be borne by railroad companies
That for the purpose of maintaining the department of commissioner of railroads and telegraphs, and expenses incident to the same, and for the purpose of exercising police duties and supervision of railroads and telegraphs of the state in the interest of public safety, the annual total expenses of said commissioner, of railroads and telegraphs, including the salary of said commissioner, clerk, inspector, engineer, experts and additional clerical force, and other expenses incident to said office and officer, not exceeding the sum of $15,000, shall be borne by the several corporations owning or operating railroads within this state, according to their means, to be appointed by the state board of equalization, who shall, on or before the first day in each year, assess upon each of said corporations its just proportion of said expenses in proportion to its gross earnings from operations for the next year preceding that in which the assessment is made. Such assessment so made by the state board of equalization shall, forthwith, be certified to the several railroad companies by the auditor of state, and on or before the next following first day of August in each year the said railroad companies shall pay the amount of the assessment so apportioned to them by the auditor of state, who shall cover the same into the state treasury as a special fund for the maintenance of the said office of commissioner of railroads and telegraphs, and expenses incident thereto. $ 250-3. Penalty
That any railroad company or telegraph company violating any of the provisions of this act, shall forfeit and pay to the State of Ohio the sum of $1,000, and $25 per diem for every day that said company refuses, neglects or fails to comply with the requirements of this act, which forfeiture and fine shall not release