books and papers, and punish for contempt, in the same manner and to the same extent as justices of the peace. 64 v. 111, § 5; 70 v. 276, § 3; S. & S. 76.

§ 259. Penalty for officer, agent, or employe of railroad to refuse to answer question

An officer, agent, or employe of any railroad company who refuses to answer any question propounded to him by the commissioner in the course of any examination authorized by this chapter, shall be fined in any sum not less than fifty dollars nor more than five hundred dollars; and the property of the railroad company of which he is an officer, agent, or employe, is liable to be taken in execution to satisfy the fines and costs in such cases. v. 76, § 3.

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§ 260. Statement required to be made by railroad companies

The secretary of each railroad company, and of each telegraph company, now doing business, or whose line is in process of construction, or which may be hereafter organized in this state, shall, within thirty days after the election of the directors of such company, make out and forward to the commissioner of railroads and telegraphs a list of the officers and directors of their respective companies, giving the place of residence and post-office address of each; and thereafter, if any change occurs in the organization of the officers or board of directors of the company, shall notify the commissioner of railroads and telegraphs of the fact of such change, and the residence and postoffice address of each of the officers and directors. 70 V. 155, SI.

§ 261. Penalty for failure to comply

For a failure to comply with the provisions of the preceding section, any company so neglecting for thirty days after the time. herein provided, shall be subject to the same penalties as attach for neglecting or refusing to make the required annual report to the commissioner of railroads and telegraphs. 70 v. 155, § 2.

§ 262. Prosecutions—

All prosecutions against railroad or telegraph companies, or any officer, agent, or employe thereof, for forfeitures, penalties

or fines, without imprisonment, provided for in this chapter, and other sections of the statutes and laws of Ohio, if not otherwise specifically stated, shall be by civil action in the name of the state; and all prosecutions for penalties involving imprisonment shall be by indictment. 90 O. L. 299.

§ 263. Civil actions

The civil action provided for in the next preceding section shall be brought by the prosecuting attorney of the proper county at the instance of said commissioner of railroads and telegraphs; and in case said commissioner fail to so instruct the said prosecuting attorney of the proper county, upon the written request of any taxpayer of the county to commence civil action provided for in the next preceding section, said prosecuting attorney shall do so, provided he is furnished with evidence which in his judgment will probably sustain such action, and if the action fail the costs in such case shall be adjudged against the county, except in such cases as hereinafter provided; provided, further, that where cause of civil action arises, as provided for in the next preceding section, within the boundary lines of any municipality, in addition to the provisions already provided for in this section for instituting prosecutions of civil action, the city solicitor of any municipality shall, when required so to do by resolution of the council adopted by a majority of the quorum, institute such proceedings and prosecute them to final judgment. When such action is so brought by a municipality and fails on final judgment in the supreme court, the cost thereof shall be adjudged against such municipality, and time for notice of appeal and giving of bond shall not apply to cases within the meaning of this act. go O. L. 299.

§ 264. Annual report to be made by the commissioner, and what to contain

The commissioner shall make to the governor, on or before the first day of January, of each year, a report of the affairs and condition of all the railroad and telegraph companies having lines in this state, and also of accidents on railroads resulting in injuries to persons, and the circumstances and cause thereof; and he shall include in his report such other information and such suggestions and recommendations as, in his opinion, are of importance to the state. 74 V. 33, § 12.

§ 265. Moneys collected shall be paid into the state treasury-Fees of prosecuting attorneys

All money arising from suits in the name of the state, or prosecutions against railroad companies or against any of their officers, or employes, for violation of any of the provisions of law relating to railroads, shall be paid into the state treasury; but prosecuting attorneys shall, for any moneys collected therein by them, be allowed ten per centum thereof for their services. 64 v. III, $7; S. & S. 77.