Cancellati on o f ware house cense. Power to examine Railroad and Warehouse Commissioners. mus. If any such corporation or person or persons owning or operating any such railroad shall, after such hearing, neglect or refuse to comply with the recommendation or recommendations of said board as to making any repairs, changes or improvements on any bridge, track or trestle, or to rebuild any bridge within the time which shall be fixed by said board therefor, said board shall report such neglect or refusal, together with the facts in such case as said board shall find facts to be, touching the necessity for such repairs, changes or rebuilding to the Attorney General of the State of Illinois, who shall thereupon take such action as may be necessary to secure compliance with such recommendations of said board. In all actions or proceedings brought by the Attorney General to compel compliance with the recommendations of the board, the findings of the board shall be prima facie evidence of the facts therein stated, and the recommendations of the board shall be deemed prima jacie just and reasonable. Nothing herein contained shall impair the legal liability of any railroad company for the consequence of its acts. And all existing remedies therefor are hereby saved to the people and to individuals. [Added by Act approved June 16, 1887; in force July 1, 1887. L. 1887, p. 255; Legal News Ed., p. 186. 178. § 12. Said commissioners are hereby authorized -to hear and determine all applications for the cancellation of warehouse licenses in this State which may be issued in pursuance of any laws of this State, and for that purpose to make and adopt such rules and regulations concerning such hearing and determination as may, from time to time, by them be deemed proper. And if, upon such hearing, it shali appear that any public warehouseman has been guilty of violating any law of this State concerning the business of public warehouseman, said commissioners may cancel and revoke the license of said public warehouseman, and immediately notify the officer who issued such license of such revocation and cancellation; and no person whose license as a public warehouseman shall be cancelled or revoked shall be entitled to another license or to carry on the business in this State of such public warehouseman until the expiration of six months from the date of such revocation and cancellation, and until he shall have again been licensed: Provided, that this section shall not be construed as to prevent any such warehouseman from delivering any grain on hand at the time of such revocation or cancellation of his said license. And all licenses issued in violation of the provisions of this section shall be deemed null and void. [See § 122. 179.13. The property, books, records, accounts, books, etc. papers and proceedings of all such railroad companies, and Railroad and Warehouse Commissioners. all public warehousemen, shall at all times, during business hours, be subject to the examination and inspection of such commissioners, and they shall have power to examine under [*832] oath or affirmation, any and all directors, officers, managers, agents and employés of any such railroad corporation, and any and all owners, managers, lessees, agents and employés of such public warehouses and other persons, concerning any matter relating to the condition and management of such business. witnesses, 180. § 14. In making any examination as contem-May examine plated in this Act, or for the purpose of obtaining infor- etc. mation, pursuant to this Act, said commissioners shall have the power to issue subpoenas for the attendance of witnesses, and may administer oaths. In case any person shall wilfully fail or refuse to obey such subpoena, it shall be the duty of the circuit court of any county, upon application of the said commissioners, to issue an attachment for said witness, and compel such witness to attend before the commissioners, and give his testimony upon such matters as shall be lawfully required by such commissioners; and the said court shall have power to punish for contempt, as in other cases of refusal to obey the process and order of such court. 181. § 15. Any person who shall wilfully neglect or P en alty refuse to obey the process of subpoena issued by said commissioners, and appear and testify as therein required, shall be deemed guilty of a misdemeanor, and shall be liable to an indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense by a fine of not less than $25 nor more than $500, or by imprisonment of not more than 30 days, or both, in the discretion of the court before which such conviction shall be had. 182. § 16. Every railroad company, and every officer, agent or employé of any railroad company, and every owner, lessee, manager or employé of any warehouse, who shall wilfully neglect to make and furnish any report required in this Act at the time herein required, or who shall wilfully and unlawfully hinder, delay or obstruct said commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than $100 nor more than $5,000 for each offense, to be recovered in an action of debt in the name and for the use of the People of the State of Illinois; and every railroad company, and every officer, agent or employé of any such railroad company, and every owner, lessee, manager, or agent, or employé of any public warehouse, shall be liable to a like penalty for every period of ten days it or he shall wilfully neglect or refuse to make such report. against witnesses, etc. p en alty against railroad com panies, men, etc. warehouse Attorney Gen State's At prose cu te suits. Railroad and Warehouse Commissioners. 183. 17. It shall be the duty of the Attorney General § eral and and the State's attorney in every circuit or county, on the torney to request of said commissioners, to institute and prosecute any and all suits and proceedings which they or either of them, shall be directed by said commissioners to institute and prosecute for a violation of this Act, or of any law of this State concerning railroad companies or warehouses, the officers, employés, owners, operators or agents of any such companies or warehouses. of In name people-Pay tion. § 184. 18. All such prosecutions shall be in the name of the People of the State of Illinois, and all moneys arisQui tam acing therefrom shall be paid into the State treasury by the sheriff or other officer collecting the same; and the State's attorney shall be entitled to receive for his compensation, from the State treasury, on bills to be approved by the Governor, a sum not exceeding 10 per cent of the amount received and paid into the State treasury as aforesaid: Provided, this Act shall not be construed so as to prevent any person from prosecuting any qui tam action as authorized by law and of receiving such part of the amount recovered in such action as is or may be provided under any law of this State. saved. Rights of in- 185. § 19. This Act shall not be so construed as to dividuals waive or affect the right of any person, injured by the violation of any law in regard to railroad companies or warehouses, from prosecuting for his private damages in any Inanner allowed by law. AN ACT to provide that the railroad and warehouse commission may keep and use a common seal for the authentication of its acts, records and proceedings. [Approved June 19, 1891; in force July 1, 1891. L. 1891, p. 185. Legal News Ed., p. 127. authenti cated. Seal How 185a. § I. Be it enacted by the People of the State records, etc. of Illinois, represented in the General Assembly: That the Railroad and Warehouse Commission of this State may, for the authentication of its records, process and proceedings, adopt, keep and use a common seal, of which seal judicial notice shall be taken in all courts of this State; and any process, writ, notice or other paper which the said commission may be authorized by law to issue, shall be deemed sufficient if signed by the secretary of said commission and authenticated by such seal; and all acts, orders, proceedings, rules of inspections, entries, minutes, schedules and records of said commission may be proved in any court in this State by a copy thereof, certified to by the secretary of said commission, with the seal of said commission attached. State weigh-masters. STATE WEIGH-MASTERS. AN ACT to provide for the appointment of State weigh-masters. [Approved June 23, 1883; in force July 1, 1883. L. 1883, p. 172; Legal News Ed., p. 137. 186. § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That there shall be appointed by the Railroad and Warehouse Commissioners in all cities where there is State inspection of grain, a State weigh-master and such assistants as shall be necessary. Weigh-mas of. ter Appointment 187. § 2. Said State weigh-master and assistants shall, Duties of at the places aforesaid, supervise and have exclusive control of the weighing of grain and other property which may be subject to inspection, and the inspection of scales and the action and certificate of such weigh-master and assistants in the discharge of their aforesaid duties shall be conclusive upon all parties in interest. 188. § 3.. The Board of Railroad and Warehouse Com- Fix fees. missioners shall fix the fees to be paid for the weighing of grain and other property, which fees shall be paid equally by all parties interested in the purchase and sale of the property weighed or scales inspected or tested. -Qualifica Compen sation. 189. § 4. Said State weigh-master and assistants shall weigh-master not be a member of any board of trade or association of like tions-Bond character; they shall give bonds in the sum of five thousand doilars ($5,000), conditioned for the faithful discharge of their duties, and shall receive such compensation as the Board of Railroad and Warehouse Commissioners shall determine. rules. 190. § 5. The Railroad and Warehouse Commissioners May, adopt shall adopt such rules and regulations for the weighing of grain and other property as they shall deem proper. Neglect of 191. § 6. In case any person, warehouseman or railroad corporation, or any of their agents, or employés, shall duty. refuse or prevent the aforesaid State weigh-master, or either of his assistants, from having access to their scales, in the regular performance of their duties in supervising the weighing of any grain or other property in accordance with the tenor and meaning of this Act, they shall forfeit the sum of one hundred dollars ($100) for each offense, to be recovered in an action of debt, before any justice of the peace, in the name of the People of the State of Illinois, such penalty or forfeiture to be paid to the county in which the suit is brought, and shall also be required to pay all costs of prosecution. Weighing grain in bulk by railroad company. WEIGHING GRAIN IN BULK BY RAILROAD COMPANY. L. AN ACT relating to the receipt, shipment, transportation and weighing of grain in bulk by railroad companies. [Approved June 15, 1887; in force July 1, 1887. 1887, p. 253; Legal News Ed., p. 186. transporta furnish weig hing, etc. Road receiv- 192. § I. Be it enacted by the People of the State of ing for Illinois, represented in the General Assembly: That in all tion shall counties of the third class, and in all cities having not less suitable ap-than 50,000 inhabitants, where bulk grain, mill-stuffs or pliances for seeds are delivered by any railroad transporting the same from initial points to another road for transportation to other points, such road or roads receiving the same for transportation to said points or other connections leading thereto, shall provide suitable appliances for unloading, weighing and transferring such property from one car to another without mixing or in any way changing the identity of the property so transferred; and such property shali be accurately weighed in suitably covered hopper scales, which will determine the actual net weight of the entire contents of any car-load of grain, mill-stuffs or seeds at a single draft, without gross or tare, and which weights shall always be given in the receipts or bills of lading and used as the basis of any freight contracts affecting such shipments between such raiiroad companies and the owners, agents or shippers of such grain, mill-stuffs or seeds so transported and transferred. al cars run Where origin- 193. § 2. The practice of loading grain, mill-stuffs or through seeds into foreign or connecting line cars at the initial point without from which the grain, mill-stuffs or seeds are originally transfer. shipped, or the running of the original car through without company for fail ure tranfer, shall not relieve the railroad making the contract to transport the same to its destination or connection leading thereto, from weighing and transferring such property in the manner aforesaid, unless the shipper, owner or agent of such grain, mill-stuffs or seeds shall otherwise order or direct. Liability of 194. 83. Any railroad company neglecting or refusing railroad to comply promptly with any and all of the requirements of neglect or either sections 1 or 2 of this Act shall be liable in damages Proceedings to the party interested, to be recovered by the party damaged in an action of assumpsit, and such party may proceed by mandamus against any railroad company so refusing or neglecting to comply with the requirements of this Act; and if the shipper, owner or agent of any such grain, mill-stuffs or seeds shall fail or neglect to proceed by mandamus, it shall then be the duty of the Railroad and Warehouse Commissioners of this State, upon complaint of the party or parties interested, to proceed against the railroad failing or refusing to comply with the provisions of this Act; and all the powers heretofore conferred by law upon the board of |