interlocker, and may assign to one of the connecting lines the construction, maintenance and operation thereof. Every carrier which shall fail to install such interlocker or make such changes within the time fixed by the commission shall forfeit and pay to the State of Indiana the sum of one hundred dollars ($100.00) for each week that such failure shall be continued: Provided, That such carrier or carriers shall not be requested to install any such device in any city or incorporated town in this state, until the common council or board of trustees shall approve the same by resolution duly entered of record: Provided further, That none of the provisions of this paragraph "Q" shall apply to any street, interurban or suburban railroad, crossing any railroad, street, interurban or suburban street railroad or any street, highway or private right of way in any city or town in this state.

(r) Such commission, whenever it determines that life and property will be best secured thereby, shall order the operation of any interlocking device in use in this state to be discontinued until the same shall be put in the condition required by the commission; and the operation of any such device by any such carrier after the same has been forbidden by the commission is hereby declared to be unlawful and to subject the carrier to the penalties prescribed by this act.

(s) The commission may, on the application of any railroad corporation, authorize it to use any safeguard or device, approved by said commission, in place of any safeguard or device required by this act, which shall thereafter be used in lieu thereof, and the same penalties for neglect or refusal to install or use the same shall be incurred and imposed as for a failure to install or use the safeguard or device herein before required, in lieu of which the same is to be used.

(t) Every railroad shall, when within its power so to do, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor in proportion to their respective immediate requirements without discrimination between shippers or competitive or non-competitive places: Provided, Preference may be given to shipments of live stock and perishable property. This act amends section 5533 of the Revised Statutes of 1914.

If the railroad commission establishes a rate for the transportation of freight over two connecting lines of railroads, it is for such companies by agreement to determine the amount that each shall receive for the carriage of freight, and the railroad commission has no authority to apportion the rate between the two companies until an application is made for the commission to make the

apportionment after the companies have failed to agree as to the division of the rate. Baltimore etc. R. Co. v. Shirk, 56 App. 42, 104 N. E. 864.

The Act of 1905, ch. 53, as amended by this and following sections did not limit the life of an order of a railroad commission fixing rates entered in 1906 as it was not retroactive. Vandalia R. Co. v. Schnull, 188 Ind. 87, 122 N. E. 225. Act 1905, ch. 53, as amended by this section and following sections does not prevent shipper from enforcing an order fixing rates by any remedies at commonlaw or in equity, the act only giving an additional remedy. Vandalia R. Co. v. Schnull, 188 Ind. 87, 122 N. E. 225.

That the road commission is empowered under the Act of 1915, ch. 53, as amended by this and following sections to enforce its orders imports neither expressly nor by implication that parties to a proceeding by shippers may not use an order fixing rates as evidence in an action to enforce a common-law right. Vandalia R. Co. v. Schnull, 188 Ind. 87, 122 N. E. 225.

The Act of 1905, ch. 53, as amended by this and following sections did not create a new right to reasonable service and reasonable rates but only gave a new remedy for the old right. Vandalia R. Co. v. Schnull, 188 Ind. 87, 122 N. E. 225.

Cl. k. This section does not authorize the public service commission to require a railroad company to construct a switch for a mill which is separated from the right of way by a public street, although the mill-owner owned the fee of the street. Chicago & E. I. R. Co. v. Public Service Commission of Indiana, 185 Ind. 678, 114 N. E. 414. See section 10052d.

5533f. Locomotive headlights.

The Act of 1909, authorizing the railroad commission to investigate as to the headlights used upon railroad locomotives, and to determine the character and kind of such lights that shall be used, is a proper exercise of legislative power, and is not a delegation of legislative authority upon such commission. Vandalia R. Co. v. Railroad Com., 182 Ind. 382, 101 N. E. 85. See 242 U. S. Reports, 255.

A railroad company owes to one in its yards at its implied invitation the duty of equipping its locomotives with the headlight prescribed by the railroad commission pursuant to this section. Hill v. Chicago, etc. R. Co., 188 Ind. 130, 122 N. E. 321.

5536. Action against commission, appeal.

An appeal from the railroad commission under section 6 of the Railroad Commission Act, is heard de novo. Public Service Commission of Indiana v. Cleveland, C., C. & St. L. Ry. Co., 188 Ind. 197, 121 N. E. 116.

The provision of this section providing for the filing of a petition for rehearing, or any provision similar in meaning or effect, is not included in the Public Utilities Commission Act. Greensburg Water Co. v. Lewis, — Ind. —, 128 N. E. 103. See note to section 10052x2.

5537.

Discriminative rates, hearings, orders.

Under this section a railroad commission has authority to order a railroad company to cease charging a consumer of coal a higher rate than that charged competing consumers without a finding that such rate was unreasonable. Vandalia R. Co. v. Public Service Commission, 185 Ind. 652, 114 N. E. 412.

5540. Freight classification, passenger rates, schedules.

It is unlawful for railroad companies to agree to receive property in payment for passenger fares or the carriage of freight. Evansville etc. R. Co. v. Vanada, 57 App. 415, 106 N. E. 388.

Under this section, providing for carrier's publication of joint rates, and section 5533, giving the public service commission rate-fixing power, the commission may establish other joint rates between stations within the state. Indiana Harbor Belt R. Co. v. Public Service Commission, 187 Ind. 660, 121 N. E. 540.

A carrier is entitled to collect the difference between a freight rate charged by mistake and that allowed by the public service commission. Cleveland, C., C. & St. L. Ry. Co. v. Alexandria Paper Co., App., 124 N. E. 402.

5541. Interrogatories, penalty, interstate commerce, bill of lading. Construction of the act regulating the powers of the railroad commission, and the effect of such act upon the liability of railroad companies for loss or damage to property received for shipment, and of contracts made that limit their liability, and as to the power of the railroad commission to fix rates for the carriage of freight and to enforce orders made in regard thereto. Cleveland etc. R. Co. v. Blind, 182 Ind. 398, 105 N. E. 483.

5544. Unjust discrimination, penalty, passes.

Contracts made by railroad companies to receive property in payment for fares or for the carriage of freight, are illegal. Evansville etc. R. Co. v. Vanada, 57 App. 415, 106 N. E. 388.

A pass issued by a railroad company to an officer of another railroad company was held to be a free pass under which such officer assumed the risk of accident, preventing recovery for his death. Ft. Wayne & Wabash Valley Traction Co. v. Justus, 186 Ind. 464, 115 N. E. 585.

5550. Enforcement, prosecution.

The public service commission may prosecute actions at law or suits in equity in its own name to enforce its lawful orders, but it has no authority to institute an action in the name of the state on its relation to obtain a writ of mandate to compel a compliance with its orders. State ex rel. v. Vandalia R. Co., 183 Ind. 49, 108 N. E. 97.

[Acts 1915, p. 148. In force April 26, 1915.]

5556d. Separation of grades, notice, hearing.-4. That whenever said commission shall come to conclusion, whether on account of the topography of the ground at the crossings, or on account of the great number of travelers using any crossing of a highway and steam railroad, or interurban railroad, or for any reason deemed by said commission to be sufficient, that the grades of such crossing should be separated, and it shall be found to be practicable to do so, said commission shall serve with notice the railroad, company or companies, and also serve with notice the board of commissioners of the county or counties in which such highway crossing is located. Said notice shall set out that said commission on the day named will consider the matter of separation of the grades at such crossing and said railroad commission of Indiana shall have jurisdiction of the parties and the subject-matter in said proceedings and shall hear and determine the matter, and if satisfied that said crossing is dangerous to life and that safety and the accommodation of the public requires that the grades thereof shall be separated, and that it is practicable

to so separate said grades, said commission may so order and shall in said order prescribe the manner in which such separation shall be accomplished, and the cost of such separation shall be borne onefourth (4) by the county and counties in which such grade is separated and three-fourths (34) by the railroad company or companies, and whenever the commission may order any such grades separated it may, if it shall deem it bêst, relocate or consolidate highway crossings over railroads, street railroads, interurban street railroads, or suburban street railroads in this state and may relocate or consolidate highways leading to any such crossing: Provided, That if any of the parties to such proceeding shall fail or refuse to obey the orders of the commission the commission may proceed in any circuit or superior court of any one of the counties in which said highway crossing may be located, to enforce its orders: Provided, also, That the provisions of this section shall not apply to cities of over twenty thousand (20,000) population, according to the last preceding United States census: Provided, further, That the provisions of this act, other than those contained in this section, shall not apply to cities and incorporated towns.

This act amends section 5556d of the Revised Statutes of 1914.