LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. CHAPTER 106. [CH. 107 POWERS AND DUTIES OF BOARD OF RAILROAD COMMISSIONERS. S. F. 11. AN ACT to repeal section twenty-one hundred thirteen (2113) of the code relating to the powers and duties of the board of railroad commissioners and enacting a substitute therefor. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repealed-powers and duties. That section twenty one hundred thirteen (2113) of the code be and the same is hereby repealed and the following enacted in lieu thereof: "It shall from time to time carefully examine into and inspect the condition of each railroad, its equipment, and the manner of its conduct and management with regard to the public safety and convenience in the state; make semi-annual examination of its bridges, and report the condition thereof to the company to which they belong; and if found by it unsafe it shall immediately notify the railroad company whose duty it is to put the same in repair, which shall be done by it within ten days after receiving such notice. If any corporation fails to perform this duty the board may forbid and prevent it from running trains over the same while unsafe. And should any railroad or transportation company in this state fail to provide proper shelter for its patrons at stations where two or more tracks are operated, or fail, or refuse to connect by proper switches or tracks with the tracks or lines of other railroad or transportation companies the board may require such railroad or transportation company to provide the same in such manner and upon such conditions as it may determine. When, in the judgment of the board, any railway corporation fails in any respect to comply with the terms of its charter or articles of incorporation or the laws of the state; or when in its judgment any repairs are necessary upon its road; or any addition to its rolling stock, or addition to or change in its stations or station houses, or change in its rates of fare for transporting freight or passengers, or change in the mode of operating its road or conducting its business, is reasonable and expedient in order to promote the security, convenience, and accommodation of the public, the board shall serve a notice upon such corporation, in the manner provided for the service of an original notice in a civil action, which notice shall be signed by its secretary, of the improvements and changes which it finds to be proper; and a report of such proceedings shall be included in its annual report to the governor as provided in the next section; but nothing in this section shall be so construed as relieving any railroad company from its present responsibility or liability for damage to person or property." Approved March 27, A. D. 1907. CHAPTER 107. DUTY OF RAILROADS TO TRANSPORT FREIGHT. S. F. 305. AN ACT to amend section two thousand one hundred sixteen (2116) of the code, relating to the duty of railroads. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Actions-burden of proof. Section two thousand one hundred sixteen (2116) of the code, is hereby amended by adding thereto the following: CH. 108] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. "In any suit or action in court brought against a railroad corporation for the purpose of enforcing rights arising under the provisions of this section, the burden of proving that the provisions of this section have been complied with by such railroad corporation, shall be upon such railroad corporation." SEC. 2. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published at Des Moines, Iowa. Approved April 4, A. D. 1907. I hereby certify that the foregcing act was published in the Register and Leader and the Des Moines Capital, April 5, 1907. W. C. HAYWARD, Secretary of State. CHAPTER 108. POWERS AND DUTIES OF BOARD OF RAILROAD COMMISSIONERS. H. F. 403. AN ACT to enlarge the powers and further define the duties of the board of railroad commissioners. [Additional to chapter six (6) of title ten (X) of the code.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Investigation of interstate freight rates. It is hereby made the duty of the board of railroad commissioners to exercise constant diligence in informing themselves of the rates, charges, rules, and practices of common carriers engaged in the transportation of freight from points in this state to points beyond its limits, and from points in other states to points in this state, also in territory wholly outside this state; and whenever it shall come to the knowledge of the board of railroad commissioners either from their own investigation or by complaint made to them in any manner whatsoever that the rates charged by any common carrier on interstate business are unjust or unreasonable, or that such rates, rules or practices discriminate unjustly against the citizens, industries or interests of this state, or place any of the citizens, industries or interests of this state at an unreasonable disadvantage as compared with those of other states, or are levied or laid in violation of the act to regulate commerce, or in conflict with the rulings, orders or regulations of the interstate commerce commission, it shall be the duty of the board of railroad commissioners to immediately call the attention of the officials of railroads operating in this state to the fact and to urge upon them the propriety of changing such rate or rates, rules or practices. SEC. 2. Appeal to interstate commerce commission-prosecutions. Whenever such rates, rules or practices are not changed or adjusted so as to remove or remedy such discrimination within a reasonable time, it shall be the duty of the board of railroad commissioners, whenever it can legally be done, to present the facts involved in such discrimination to the interstate commerce commission and appeal to it for relief and thereafter, if deemed necessary, by said board of railroad commissioners, they shall prosecute any charge or charges growing out of any such discrimination at the expense of the state, before said interstate commerce commission. SEC. 3. Attorney general to assist. In all work devolving upon the railroad commission they shall receive, upon application, the services of the at LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 109 torney general of this state, and he shall also represent them, whenever called upon to do so, before the interstate commerce commission. SEC. 4. In effect. This act, being deemed of immediate importance, shall take effect and be in force on and after its publication in the Register and Leader and Des Moines Capital, newspapers published in the city of Des Moines. Approved April 10, A. D. 1907. I hereby certify that the foregoing act was published in the Des Moines Capital, April 15, 1907, and the Register and Leader, April 17, 1907. W. C. HAYWARD, CHAPTER 109. REGULATION OF THE STRINGING OF WIRES OVER RAILROAD TRACKS. S. F. 235. AN ACT to protect the safety of railroad employes by regulating the maintaining and stringing of other wires over railroad tracks. [Additional to chapter six (6) of title ten (X) of the code.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Railroad commissioners to have supervision. The railroad commissioners of this state shall have general supervision over any and all wires for transmitting electric current or any other wire whatsoever crossing under or over any track of a railroad in this state. SEC. 2. Regulations. Within thirty (30) days from the taking effect of this act said railroad commissioners shall make regulations prescribing the manner in which such wires shall cross such railroad tracks in this state. SEC. 3. Wires must be strung in manner prescribed. It shall hereafter be unlawful for any corporation or person to place or string any such wire for transmitting electric current or any wire whatsoever across any track of a railroad in this state except in such manner as may be prescribed by the railroad commissioners as provided by this act. SEC. 4. Examination of wires already strung. The board of railroad commissioners shall, as soon as possible after the taking effect of this act, either by personal examination or otherwise, obtain information where the tracks or railroads are crossed by wires strung over said tracks, contrary to or not in compliance with the rules prescribed by the railroad commissioners as contemplated by this act, and shall order such change or changes to be made by the persons or corporations owning or operating such wires as it may deem necessary to make the same comply with said rules and within such reasonable time as it may prescribe. SEC. 5. Minimum height. In case such wires cross over said track, in no case shall said board of railroad commissioners prescribe a less height than twenty-two (22) feet above the top of the rails of any railroad track for any wire. Wires across railroad right of way at highways. The board of railroad commissioners are hereby authorized to provide for and regulate the crossing of wires over and across railroad rights of way at highways and other places within the state. CH. 111] LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. SEC. 7. Penalty-enforcement. Any person or corporation who string or maintain any wire across any railroad track in this state at a different height or in a different manner from that prescribed by the said board of railroad commissioners shall forfeit and pay to the state of Iowa the sum of one hundred dollars ($100) for each separate period of ten days during which such wire is so maintained, said forfeiture to be recovered in a civil action brought in any court of competent jurisdiction in the name of the state of Iowa, by the attorney-general, or by the county attorney of the county in which such wire is situated, at the request of the said board of railroad commissioners, and it is hereby made the duty of the said attorney general and county attorney to bring such action forthwith upon being so requested." Approved April 6, A. D. 1907. CHAPTER 110. REPORTS AND INVESTIGATIONS OF ACCIDENTS ON RAILWAYS. H. F. 318. AN ACT providing for reports and investigations of accidents on railways. [Additional to chapter six (6) of title ten (X) of the code.] Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Railroad commissioners to investigate accidents-report. That upon the occurrence of any serious accident upon any railroad within this state, which shall result in personal injury, or loss of life, the corporation operating the road upon which the accident occurred shall give immediate notice thereof to the board of railroad commissioners whose duty it shall be, if they deem it necessary, to investigate the same, and promptly report to the governor the extent of the personal injuries, or loss of life, and whether the same was the result of mismanagement or neglect of the corporation on whose line the injury or loss of life occurred. Provided, that such report shall not be evidence or referred to in any case in any court. SEC. 2. In effect. This act, being deemed of immediate importance, shall be in force and take effect from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved March 27, A. D. 1907. I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 29, 1907. W. C. HAYWARD, CHAPTER 111. JOINT FREIGHT RATES. H. F. 282. AN ACT to repeal sections two thousand one hundred and fifty-three (2153) and two thousand one hundred and fifty-five (2155) of the code, relating to joint freight rates over two or more connecting lines of railway between points within this state, and relating to the power and duties of the board of railroad commissioners, and to enact substitutes therefor. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Repealed-joint rates over connecting lines. That section LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY. [CH. 111 two thousand one hundred ad fifty-three of the code be and the same is hereby repealed and the following enacted in lieu thereof: "SECTION 2153. Every owner or consignor of freight to be transported by railway from any point within this state to any other point within this state shall have the right to require that the same shall be transported over two or more connecting lines of railway, to be transferred at the connecting point or points without change of car or cars if in carload lots, and with or without change of car or cars if in less than carload lots, whenever the distance from the place of shipment to destination, both being within this state, is less over two or more connecting lines of railway than it is over a single line of railway, or where the initial line does not reach the place of destination; and it shall be the duty, upon the request of any such owner or consignor of freight, made to the initial company, of such railway companies whose lines so connect, to transport the freight without change of car or cars if the shipment be in a carload lot or lots, and with change of car or cars if it be in less than carload lots, from the place of shipment to destination, whenever the distance from the place of shipment to destination, both being within this state, is less than the distance over a single line, or when the initial line does not reach the point of destination, for a reasonable joint through rate. This section shall apply to interurban railways and their connection with ordinary steam railways. SEC. 2. Repealed-schedule of joint rates. Section two thousand one hundred and fifty-five of the code be and the same is hereby repealed and the following enacted in lieu thereof: "SECTION 2155. The board of railroad commissioners shall, within ten days after this act takes effect, notify in writing every railway company owning or operating a railway within this state that it will, upon a day named in such notice, which day shall not be more than thirty days after giving said notice, take up for investigation the subject of establishing joint through rates, as herein provided, between the railway lines in this state. It shall also give a similar notice, directed "To whom it may concern", and so publish the same that it will have general circulation throughout the state. All corporations, partnerships and persons interested in the subject may present themselves at the hearing and be heard, under such rules and regulations as the board may prescribe. At the end of the investigation, which shall be carried on with all due diligence, the said board of railroad commissioners shall make and publish a schedule of joint through railway rates for such traffic and on such routes as in its judgment the fair and reasonable conduct of business requires shall be done by carriage over two or more lines of railway, and will promote the interests of the people of this state. In the making thereof, and in changing, revising or adding to the same, the board shall be governed as nearly as may be by the preceding sections of this chapter, and shall take into consideration, among other things, the rates established for shipments within this state for like distances over single lines, the rates charged by the railway companies operating such connecting lines for joint inter-state shipments, and the increased cost, if any, of a joint through shipment as compared with a shipment over a single line for like distances. In establishing such rates for shipments in less than carload lots, in cases where at the connecting point or points in the line of shipment the connecting railways have not and are not required to have a common station or stopping place for loading or unloading freight, the board shall make such lawful regulations as in its judgment will be fair and just respecting the transportation of such freight from the usual unloading place of one railway to the usual loading place of the other. The joint through rates thus established shall be promulgated by mailing a printed copy thereof to each railway |