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that such elevation shall be not less than fourteen feet above the street level.

{Amemhne)d, approved April 1, 1876; Amendments 1875-6, 76; took ef/'ect from

5472. When crossing railroads or highways, hoiv other lands are acquired.

Sec. 472. Whenever the track of such railroad crosses a railroad or highway,
such railroad or higlnvay may be carried under, over, or on a level with the
truck, as may be most expedient; and in cases where an embankment or cutting
necessitates a change in the Hne of such railroad or highway, the corporation
mav take such additional lands and material as are necessary for the construc-
tion of such road or highway on such new line. If such other necessaiy lands
cannot be had otherwise, they may be condemned as provided in Title VII,
Part III, Code of Civil Procedure; and when compensation is made therefor,
the same becomes the property of the corporation. [See post, 11,237.]

5473. Corporations may consolidate.

Sec. 473. Two or more railroad corporations may consolidate their capital
stock, debts, proj)erty, assets, and franchises in such manner as may be agreed
upon by their respective boards of directors. No such amalgamation or con-
solidation must take place without the written consent of the holders of three
fourths in value of all the stock of each corporation; and no such amalgamation
or consolidation must in any way relieve such corporation or the stockholders
thereof from any and all just liabilities. In case of such amalgamation or con-
solidation, due notice of the same must be given, by advertisement for one
month in at least one newspaper in each county, if there be one published
therein, into or through which such roads run, and also for the same length of
time in one paper published in Sacramento and in two papers published in San
Francisco; and when the consolidation and amalgamation is completed, a copy
of the new articles of incorporation must be filed in the office of the secretary
of state.

5474. Slate lands granted for use of corporations.

Slc. 474. There is granted to every railroad corporation the right of way for
the location, construction, and maintenance of their necessary works, and for
every necessary adjunct thereto, over any swamp, overflowed, or other public
lands of the state not otherwise disposed of or in use, not in any case exceeding
in length or width that which is necessary for the construction of such works
and adjuncts, or for the protection thereof, not in any case to exceed two hun-
droil feet in width.

5475. (jraut not to emhrarr tovn lots.

Six. 475. The grants mentioned in the preceding section do not apply to
public lands of the state within the corporate limits of towns and cities, or
within three miles thereof.

5476. Wood, stone and earth may he taken from state lands.

Sec. 47G. The right to take from any of the lands belonging to the state,

(o) 0ri(,'in«l section: autlioritios, mviRt ever uso their road for street rail-

Hkc. 471. No railniad corporation, other than Btreet road purpoBCB, or for tlie piiri^ose of carryiii},' paeseu-

railroadh, uvniling itBelf of the provihions of tlie pre- gers lor a consideratiou from any point to another in

ceding Bettiou and acquiring right of way from city the same city.

642



RAILROAD CORPORATIONS. 547G-5480

adjacent to the works of the corporation, all materials, such as wood, stone and
earth, naturally appurtenant thereto, wliich may bo necessary and couvenient
for the original construction of its works and adjuncts, is granted to such cor-
porations.

5477. Lands to revert to stale, xchen.

Sec. 477. If any corporation receiving state lands or appurtenances there-
under is dissolved, ceases to exist, is discontinued, or the route or line of its works
is so changed as not to cover or cross the lands selected, or the use of the lands
selected is abandoned, such selected hinds revert, and the title thereto is rein-
vested in the state or its grantees, free from all such uses.

5473. Selections made, how proved and certified to.

Sec. 478. When any selection of the right of way, or land for an adjunct to
the works of a railroad corporation, is made by any corporation, tlie secretary
thei-eof must transmit to the surveyor-general, controller of state and recorder
of the county in which the selected lands are situate, a plat of the lands so
selected, giving the extent thereof and uses for which the same is claimed or
desired, duly verified to be correct; and, if approved, the surveyor-general must
so indorse the plat, and issue to the corj^oration a permit to use the same, unless,
on petition properly presented to the court, a review is had and such use pro-
hibited.

CHAPTEE III.

BUSINESS, HOW CONDUCTED.

5479. Checks to be affixed to all baggage.

Sec. 479. A check must be affixed to every package or parcel of baggage
when taken for transportation by any agent or emjaloyee of such railroad cor-
poration, and a duplicate thereof given to the passenger or person delivering
the same in his behalf; and if such check is refused on demand, the railroad
corpoi'ation must pay to such passenger the sum of twenty dollars, to be recov-
ered in an action for damages; and no fare or toll must be collected or received
from such passenger, and if such passenger has paid his fare, the same must be
returned by the conductor in charge of the train; and on producing the check,
if his baggage is not delivered to him by the agent or employee of the railroad
corporation, he ma}'^ recover the value thereof from the corporation.

5480. Annual repo7^t to be verified.

Sec. 480. Every i-ailroad corjwratiou must make an annual report to the sec-
retary of state, or other officer designated by law, of its operations for each
year, ending on the thirty-first day of December, verified by the oaths of the
president or acting superintendent of oj^erations, the secx-etary and treasm-erof
such corporation, and file it in the office of the secretary of state, or such
other designated officer, by the twentieth day of February, which 'must state:

1. The capital stock, and the amount thereof actually paid in;

2. The amount expended for the purchase of lands for the construction of
the road, for buildings, and for engines and cars, respectively;

3. The amount and nature of its indebtedness, and the amount duo the cor-
poration;

4. The amount received from the transportation of passengers, property,
mails, and express matter, and from other sources;

5. The amount of freight, specifying the quantity in tons;

6. The amount paid for repairs of engines, cars, buildings, and other expenses,
in gross, showing the current expenses of running such road;

7. The number and amount of dividends, and when paid;

G43



54S0-54S5 CIVIL CODE.

8. The number of engine houses and shops, of engines and cars, and their
character.

5481. Duties of corporation.

Sec. 481. Eveiysuch corporation must start and run their cars, for the trans-
portation of persons and property, at such reguLar times as they shall fix by
public notice, and must furnish sufficient accommodations for the transporta-
tion of all such passengers and jiroperty as, within a reasonable time previous
thereto, oflFer or is offered for transportation, at the place of starting, at the
junction of other raih'oads, and at siding and stopping places established for
receiving and discharging way passengers and freight; and must take, trans-
port, and discharge such passengers and proiierty at, from, and to such places,
on the due jjayment of tolls, freight, or fare therefor.

5482. Corporation to pay damages for refusal.

Sec 482. In case of refusal by such coi-poration or their agents so to tate and
transport any passengers or property, or to deliyer the same, at the regular ap-
pointed places, such corporation must pay to the party aggrieved all damages
which are sustained thereby, with costs of suit.

5483. Inside room for passengers, etc. — Passengers on freight cars.

Sec 483. Every railroad corporation must furnish, on the inside of its pas-
senger cars, sufficient room and accommodations for all passengers to whom
tickets are sold for any one trip, and for all jDcrsons presenting tickets entitling
them to travel thereon; and when fare is taken for transporting passengers on
any baggage, wood, gravel, or freight car, the same care must be taken and the
same i-esponsibility is assumed by the coi-poration as for passengers on passen-
ger cars.

5484. Printed rules and regulations.

Sec 484. Every railroad corporation must have printed and conspicuously
posted on the inside of its passenger cars its rules and regulations regarding
fare and conduct of its passengers; and in case any passenger is injured on or
from the platform of a car, or on any baggage, wood, gravel, or freight car, in
violation of such printed regulations, or in violation of j^ositive A-erbal instiiic-
tions or injunctions given to such passenger in person by any officer of the train,
the coi-jioration is not responsible for damages for such injuries, unless the cor-
poration failed to comply with the provisions of the preceding section.

5485. Fences — Damages.

Sec 485. Railroad corporations must make and maintain a good and sufficient
fence on either or both sides of their track and property. In case they do not
make and maintain such fence, if their engine or cars shall kill or maim any
cattle or other domestic animals upon their line of road which passes through
or along the property of the owner thereof, they must pay to the owner of such
cattle or other domestic animals a fair market price for the same, unless it
occurred throtigh the neglect or fault of the owner of the animal so killed or
maimed. Railroad corporations paying to the owner of the land through or
along which their road is located an agreed price for making and maintaining
bucIj fence, or paying the cost of such fence with the award of damages allowed
for the right of way for such railroad, are relieved and exonerated from all
claims for damages arising out of the killing or maiming any animals of persons
who thus fail to construct and maintain such fence; and the owners of such
animals are responsible for any damage or loss which may accrue to such cor-
poration from such animals beiug upon their railroad track, resulting from the
non-construction of such fence, unless it is shown that such loss or damage
occun-ed through the negligence or fault of the coiijoration, its officers, agents,
or employees.

G44



RAILROAD CORPORATIONS. 5^80-5490

5486. Bell and other regulations of trai)i!>.

Skc. -480. A bell, of at least twenty pounds weight, must be placed on each
locomotive engine, and be rung at a di.stance of at least eighty rods from the
place where the railroad crosses any street, road, or highway, and bo kept ring-
ing until it has crossed such street, road, or highway; or a steam whistle must
be attached, and be sounded, except in cities, at the like distance, and be kr-[,t
sounding at intervals until it has crossed the same, under a penalty of one hun-
dred dollars for every neglect, to be paid by the corporation operating the rail-
road, which may be recovered in an action prosecuted by the district attorney
of the proper county, for the use of the state. The corporation is also liable
for all damages sustained by any person, and caused by its locomotives, fi.iiii,
or cars, when the provisions of this section are not complied with.

5487. Passenger refusing to pay fare.

Sec. 487. If any passenger refuses to pay his fare, or to exhibit or suirender
his ticket, when reasonably requested so to do, the conductor and employees of
the corporation may put him and his baggage out of the cars, using no unneces-
sary force, at any usual stoppiug-place, or near any dwelliug-house, on stojipiug
the train.

5438. Officers to ivear badge.

Sec. 488. Every conductor, baggage master, engineer, brakeman, or other
employee of any railroad corjDoratiou, employed on a passenger train or at sta-
tions 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 authoiized 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 employee, without such badge, has
any authority to meddle or interfere with any passenger or propert}'.

5489. Bates of charges.

Sec. 489. All railroad corporations must fix and publish 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 cent, per mile more than the first rate;

5. One rate for a distance not exceeding twenty-five 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 coi-poration is liable, to
the party sufferiug thereby, treble the entire amount of fare or freightage so
charged to such party. In no case is the corporation recpiired to receive less
than twenty-five cents for any one lot of freight for any distance.

5490. Passenger tickets, how issued, and to be good for si.r tnonth.^.

Sec. 490. Eveiy railroad corporation must provide, and, on being tendered
the fare therefor fixed as provided in the preceding section, furnish to eveiy
person desiring a passage on their passenger cars a ticket which entitles the
pmxhaser to a ride, and to the accommodations provided on their cars, from

G45



5490-5491 CIVIL CODE.

the depot or station where the same is purchased to any other depot or station
on tlie line of their road. Every such ticket entitles the holder thereof to ride
on their passenj^er cars to the station or depot of destination, or any iuteruae-
diatc station, and from any intermediate station to the depot of destination
designated in the ticket, at any time within six months thereafter. Any corpo-
ration failing so to provide and furnish tickets, or refusing the passage which
the same calls for when sold, must pay to the j)erson so refused the sum of two
hundred dollars.

5491. Character of iron rail to he used.

Sec. 491. All railroads, other than street railroads and those used excliTsively
for carrying freight or for mining purposes, built by corjiorations organized
under this chapter, must be constructed of the best quality of iron or steel rails,
known as the T or H rail, or other pattern of equal utility. [Aviendmenf^ ap-
proved Jllarch 30, 1874; Amendments 1873-4, 212; took effect July 1, 1874.'"'

An Act to provitle for the appoiutiueiit of commissioners of trausportatiou, to fix the maxi-
mum charges for fruights and fares, and to prevent extortion and discrimination ou raih'oads

in this state.

Approved April 3, 1876; 1875-G, 783.

CHAPTER ONE.

Governor to appoint three commissioners.

Skction 1. On or before the fifteenth day of May, eighteen hundred and sev-
enty-six, the governor shall appoint three competent persons, to be stj'led com-
missioners of transportation, who shall hold office for the peiiod of two years
and until their successors are appointed and qualified. The persons who are
so appointed shall have no official connection with, nor be in the employ of any
railroad corporation or conipany, nor shall they, during their term of office, ow^n
or be interested in the stock, bonds or other property thereof. Said commis-
sioners shall have their office in the state capitol building, at Sacramento.

Oath and bond of commissioners.

Sec. 2. Befoi-e entering upon the discharge of the duties of their office, each
of said commissioners shall take an oath or affirmation to support the constitu-
tion of the United States and of this state, and to faithfully and honestly dis-
charge his duty as such commissioner, and that he is not an officer, stockholder
or employee of any railroad, or in any way interested therein, or a stockholder,
officer or employee, or in any way interested in any express or freight company
doing business on any of the railroads in the United States, and the said com-
missioners shall Ije citizens of this state; they shall each execute and file with
the secretary of state an official bond, with good and sufficient sureties, to be
ai)i)roved by the governor, in the penal sum of ten thousand dollars, conditioned
for the faithful performance of their duties under this act.

Salariex.

Skc. 3. The salary' of each commissioner shall be three thousand dollars per
annum, to be paid by the State of California in the same manner as the salary
of otlier state officers are paid. They shall have power to elect one of their
number i)reKidcnt of said board, to employ a secretary at a salary of not exceed-
ing eighteen hundred dollars per annum, and shall be allowed a contingent
fund of not exceeding twenty-five dollars per month to defray the necessary
expenses of fuel and stationery; the commissioners and their secretary shall be
tra7isported, in the discharge of their duties, over the various railroads owned
by corporations within tliis state, free of charge.

(o) The original Bcctlon did not have the words " or stoel."

G46



RAILROAD CORPORATIONS. 5491

Commissioners to examine roads, bridges, etc., and report needed rejinirs.

Sec. 4. It shall be the duty of such commissioners, whenever tlioy shall deom
it necessaiy, to inspect all railroads, operated by steam power, within tliis stiite,
and to examine the same with reference to the security and accomiii<iduti<in of
the public; and if, on such examination, in their opinion any of the trucks,
bridges or other structures or works thereof, are untit for the transportation of
passengers with reasonable safety, it shall be their duty to give to the superin-
tendent, or other executive officer of the company working or operating said
defective track, bridge or other structure, notice of the condition tlicreof and
the rej^airs necessary to place the same in a safe condition; and if any superin-
tendent, or other executive officer aforesaid, receiving such notice and order,
shall willfully neglect to commence repairing the same for the period of two
days after receiving such notice and order, such superintendent or other execu-
tive officer, shall be deemed g"nilty of a misdemeanor.
Petitions for stations, side-tracks, etc.

Sec. 5. Whenever a petition, signed in good faith by fifty or more ]n-operty-
holders residing within ten miles of any proposed station, switch or side-track,
shall be presented to the commissioners, praying for the establishment of a new
station, switch or side-track, the commissioners shall notify the managers of
such railroad of such petition, and appoint a time and place for hearing the
same. Should the corporation neglect or refuse to comply with the award of
the commissioners, it shall forfeit the sum of one hundred dollars per day from
the time fixed by the commissioners for the completion of the work required,
until such work shall be actually completed, to be recovered to the use of the
state by suit instituted by said commissioners in any court of competent juris-
diction; provided, that said commissioners shall not require such new station,
switch or side-track to be established within less than six miles of one already
established.

Statement of rates of freight and fare.

Sec. 6. Within thirty days after the appointment of said commissioners, they
shall cause a copy of this act to be served upon every such railroad corporation
engaged in the business of transportation within this state; Avithin ten days
after the receipt of such notice, it shall be the duty of such corporation respect-
ively to file with the commissioners, and in the office of the secretary of state,
and in the office of the county clerk of each county in which the road is located,
a copy, verified by the oath or affirmation of the president, or other chief exec-
utive officer, of all and singular the tariffs and rates of freight, passage money,
commutation rates and charges, together \vith copies of all their rules, regula-
tions and instructions to employees, concerning the carriage of persons and
merchandise, under which the road was being operated on the first day of Jan-
uary, eighteen hundred and seventy-six; and it shall not be lawful for any of
said corporations to increase any rates of freight or passage, or to raise the
classification of any species of goods, or to change any rule or instruction to em-
ployees in such manner as to increase the cost of transportation over and above
the rates charged in such tariff or in use on the first day of January, eighteen
hundred and seventy-six; provided, nevertheless, that any such railroad com-
pany may issue excursion tickets at reduced rates, for special trains, or between
certain places, and for a fixed time.
Railroad companies to furnish information to commissioners.

Sec. 7. The several transportation companies or corporations operating any
railroad in this state, the cars on which are propelled by steam, shall at all
times, on demand, furnish to the commissioners any and all information re-
quired of them, concerning the condition, management, aud operation of the

647



5491 CIVIL CODE.

railroads under their control respectiveh", and particularly with copies of all
leases, eontracts, and agreements for transportation with express companies or
otherwise, to which they are parties. The commissioners shall cause blanks to
be prej^ared proposing questions calculated to elicit facts and statistics, from
which may be deduced the results hereinafter specified as necessary to be accu-
rately known by the people and the legislature; such blanks shall be furnished
to the several corporations in season to be filled in and returned to the commis-
sioners on or before the first da}^ of October of each year. They shall be sworn
to by the j^resident or other executive officer, and by the auditor, secretary, or
principal bookkeeper of the corporation making the same, respectively. They
shall be tabulated by the commissioners, and the reports, together with the
tabulations thereof and the deductions therefrom, and the record of all the
matters herein required to be reported to the legislature, with the drafts of all
such bills as the commissioners desire to recommend for passage, shall be sub-
mitted to the legislature on the first day of the next session thereof.

Animal reports of companies must stdte.

Sec. 8. It is hereby made the duty of the president, or other executive officer,
in charge of each and every railroad company having a line of railroad in this
state, to make an annual report to the commissioners for the year ending on the
thirtieth day of June preceding, which report shall state:

Stock and debts.

1. The amount of capital stock paid in.

2. The amount of capital stock unpaid.

3. The amount of funded debt.

4. The amount of floating debt.

Cost of road and equipments.

5. Cost of construction.
G. Cost of right of way.

7. Cost of equipment.

8. All other items embraced in cost of road and equipments, not embraced in
the preceding schedule.

Characteristics of road.

9. Length of single main track laid with iron or steel.

10. Length of double main track.

11. Length of branches, stating whether they have single or double track,

12. Aggregate length of sidings and other tracks not above enumerated;
total length of iron embraced in preceding heads.

13. Maximum grade, with its length in main road, and also in branches.

14. The shortest radius of curvature and locality of each curve, with length
of curve in main road, and also in branches.

15. Total degrees of curvature in main road, and also in branches.
IG. Total length of straight line in main road, and also branches.

17. Number of wooden bridges, and aggregate length in feet.



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