refuses to pay his fare, or to comply with other reason- wear badge 488. Every conductor, baggage master, engineer, Officers to brakeman, or other employé of any railroad corporation, employed on a passenger train or at stations for passengers, must wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is authorized to demand or to receive from any passenger any fare, toll, or ticket, or exercise any of the powers of his office or station; and no other officer or employé, without such badge, has any authority to meddle or interfere with any passenger or property. charges. 489. All railroad corporations must fix and publish Rates of their rates of charges for freightage and fares from one depot to another, on their various lines of road in this State, graduated as follows: 1. One rate of charges per mile for a distance of one hundred miles or over; 2. One rate for a distance of seventy-five and less than one hundred miles, charging not exceeding ten per cent per mile more than the first rate; 3. One rate for a distance of fifty and less than seventy-five miles, charging not exceeding fifteen per cent per mile more than the first rate; 4. One rate for a distance of twenty-five and less than fifty miles, charging not exceeding twenty per per mile more than the first rate; cent 5. One rate for a distance not exceeding twenty-five Same. Passenger tickets, how issued, and to be good for six months. miles, charging not exceeding twenty-five per cent per mile more than the first rate. But in no case, nor in any class of charges hereinbefore named, shall any railroad corporation charge or receive more than ten cents per mile for each passenger, nor fifteen cents per mile for each ton of freight transported on its road. For every transgression of these limitations the corporation is liable, to the party suffering thereby, treble the entire amount of fare or freightage so charged to such party. In no case is the corporation required to receive less than twenty-five cents for any one lot of freight for any distance. NOTE. The three preceding sections are founded on Stats. 1861, p. 625, Secs. 49, 50, 51. The provision fixing grades of charges is in accordance with the statutes of the States of Maine, Missouri, Kansas, and others, and frequent suggestions in this State. In Kansas and Missouri, six cents per mile is the maximum charge for passenger fare, and freightage is graded something like the provisions of this section. 490. Every railroad corporation must provide, and, on being tendered the fare therefor fixed as provided in the preceding section, furnish to every person desiring a passage on their passenger cars a ticket which entitles the purchaser to a ride, and to the accommodations provided on their cars, from the depot or station where the same is purchased to any other depot or station on the line of their road. Every such ticket entitles the holder thereof to ride on their passenger cars to the station or depot of destination, or any intermediate station, and from any intermediate station to the depot of destination designated in the ticket, at any time within six months thereafter. Any corpora tion failing so to provide and furnish tickets, or refusing the passage which the same calls for when sold, must pay to the person so refused the sum of two hundred dollars. are 491. All railroads, other than street railroads and of iron to be used. those used exclusively for carrying freight or for mining Character purposes, built by corporations organized under this Chapter, must be constructed of the best quality of iron rail, known as Trail or H rail, or other pattern of equal utility. NOTE.-Founded on Stats. 1861, p. 626, Sec. 57; 1862, p. 498. TITLE IV. STREET RAILROAD CORPORATIONS. SECTION 497. Authority to lay street railroad track, how obtained. 498. Restrictions and limitations to the grant of the right of way. 499. Two corporations may use the same track. 500. Crossing tracks. Obstructions. 501. Rates of fare, speed, etc. 502. Time allowed for completion of work of laying down 503. May make further regulations and rules. 504. Penalty for overcharging. 505. To provide and furnish passenger tickets. Penalty. 506. Trial, proof, and limitation. 507. City or town to reserve certain rights. 508. License to be paid to city or town. 509. Track for grading purposes. 510. What provisions of Title III are applicable to street railroads. 511. Title applicable to natural persons alike with corpora tions. to lay street track, how railroad obtained. 497. Authority to lay railroad tracks through the Authority streets and public highways of any incorporated city or town may be obtained, for a term of years not exceed ing fifty, from the Trustees, Council, or other body to whom is intrusted the government of the city or town, under such restrictions and limitations, and upon such terms and payment of license tax, as the city or town authority may provide. In no case must permission be granted to propel cars upon such tracks otherwise Restrictions and than by horses or mules, unless for special reasons, as hereinafter provided. to the grant of the right The city or town authorities, in granting the limitations right of way to street railroad corporations, in addition to the restrictions which they are authorized to impose, must require a strict compliance with the following conditions: of way. Two corporations may use the same track. Crossing tracks. Obstructions. 1. To construct their tracks on those portions of streets designated in the ordinance granting the right, which must be as nearly as possible in the middle thereof; 2. To plank, pave, or macadamize the entire length of the street used by their track, between the rails and for two feet on each side thereof, and to keep the same constantly in repair flush with the street, and with good crossings; 3. That the tracks must not be more than five feet wide within the rails, and a space between the track sufficient to allow the cars to pass each other freely. 499. Two corporations may be permitted to use the same street, each paying an equal portion for the construction of the track; but in no case must two railroad corporations occupy and use the same street or track for a distance of more than five blocks. NOTE.-The three preceding sections are taken from Stats. 1870, p. 481, Secs. 1-10. 500. Any proposed railroad track may be permitted to cross any track already constructed, the crossing being made as provided in Chapter II, Title III, of this Part. In laying down the track and preparing therefor, not more than one block must be obstructed at any one time, nor for a longer period than ten working days. 501. The rates of fare on the cars must not exceed ten cents for one fare, for any distance under three miles. The cars must be of the most approved con- allowed for completion laying of work of down track. 502. Work to construct the railroad must be com- Time menced within one year from the date of the ordinance granting the right of way and the filing of articles of incorporation, and the same must be completed within three years thereafter. A failure to comply with these provisions works a forfeiture of the right of way as well as of the franchise, unless the uncompleted portion is abandoned by the corporation, with the consent of the authorities granting the right of way-such abandonment and consent to be in writing. NOTE.-The three preceding sections are founded on Stats. 1863, p. 297, Secs. 1, 2, 3, 4, 5. This section is also based on Stats. 1870, p. 482, Secs. 1-6. 503. Cities and towns in or through which street railroads run may make such further regulations for the government of such street railroads as may be necessary to a full enjoyment of the franchise and the enforcement of the conditions provided herein. NOTE.-Stats. 1870, p. 483, Sec. 10. 504. Any corporation, or agent or employé thereof, demanding or charging a greater sum of money for fare on the cars of such street railroad than that fixed, as provided in this Title, forfeits to the person from whom such sum is received, or who is thus overcharged, the sum of two hundred dollars, to be recovered in a civil action, in any Justice's Court having jurisdiction thereof, against the corporation. Am NOTE.-Stats. 1863, p. 297, Sec. 1. 505. Every street railroad corporation must pro May make ulations farther reg and rules. Penalty for ing. overcharg |