5464. Petition for township.-1. Whenever a petition shall be presented to the board of commissioners of any county in this state, at any regular or special session thereof, signed by seventy-five freehold voters of any township of such county, asking such township to make an appropriation of money to aid the railroad company named in such petition, and then duly organized under the laws of this state, in constructing a railroad in or through such township, or to aid any railroad company having its road already constructed into or through such township, in the reconstruction of the same, by changing or completing the change of gauge of its line of road, or otherwise; by taking stock in or donating money to such company, whenever such township may have heretofore voted aid for the construction of such road to the company named in the petition, or its predecessors: Provided, It shall be first ascertained by said board of commissioners that the reconstruction of such road, changing its gauge, or otherwise improving the same as contemplated in said petition, will be of public utility and benefit to the citizens of the township so petitioning to the amount and upon the terms and conditions as to freight rates, location of machine shops, depots, and such other terms and conditions as may be specified in such petition, not exceeding, however, two per centum (2%) upon the amount of taxable property of such township on the tax duplicate of the county delivered to the treasurer of the county for the preceding year. It shall be the duty of such board of commissioners, after being satisfied that such petition has been property [properly] signed by the requisite number of freeholders of such township as aforesaid to cause the same to be entered at full length upon their records: Provided, also, That at the time of filing of said petition such petitioners shall give a bond with good and sufficient freehold sureties, payable to the state, to be approved by the board of commissioners, conditioned to pay all expenses of the election hereinafter provided for and any and all other expenses of the proceedings in the event that the election should result in opposition to an appropriation.

This act amends section 5464 of the Revised Statutes of 1914.

5465. Aid to railroads, application to street railroads.

A stipulation in a contract to pay a subsidy in aid of railroad construction, voted under these sections, and a stipulation that the railroad company shall

permanently maintain its line to, and its terminals and shops in, a certain city, were held to be independent stipulations. Zintsmaster v. Gill,

114 N. E. 210.

5476. Duty of county board, tax.

Ind.

If a tax levied to aid in the construction of a railroad is paid under protest, an action will not lie to recover from the township the taxes so paid because the taxes levied will raise a fund in excess of the amount that the township was authorized to donate in aid of the construction of the railroad. Cincinnati etc. R. Co. v. Wayne Tp., 55 App. 533, 102 N. E. 865.

If a tax levied to aid in the construction of a railroad is not paid when due, a penalty is to be added thereto the same as is authorized by law to be added to delinquent state and county taxes. Cincinnati etc. R. Co. v. Wayne Tp., 55 App. 533, 102 N. E. 865.

[Acts 1915, p. 156. In force April 26, 1915.]

5488. Election expenses.-19. The officers conducting the elections, provided in this act, shall be allowed the same pay as is allowed. for like services in case of a general election. Should the election result in favor of a railroad appropriation, the expense of the election, after being paid by the county or township, as the case may be, shall be charged against the railroad company benefited, and deducted out of the first moneys collected by virtue of the appropriation. Should the election result in opposition to a railroad appropriation, the expenses of the election and the cost of the proceedings shall be paid by the petitioners.

This act amends section 5488 of the Revised Statutes of 1914.

The expenses of an election held on the question of aiding the construction of a railroad by the levy of taxes are to be paid by the township in which the election is held if the election is not held in the entire county, and if the election results in favor of the levy of the tax such expenses are to be deducted out of the first taxes collected. Board of Comrs. v. Johnson, 59 App. 112, 108 N. E. 965. ARTICLE 7.-MISCELLANEOUS.

SEC.

5524. Railroad company to destroy

weeds.

SEC.

5525a. Damage by fire, insurable interest.

5524. Railroad company to destroy weeds.

The act of 1889, providing that railroad companies shall destroy weeds and thistles that grow upon lands occupied by them, and fixing a penalty for failing to comply with the provisions of the act, is not in conflict with any of the provisions of the federal or state constitutions. Chicago etc. R. Co. v. Anderson, 182 Ind. 140, 105 N. E. 49.

5525a. Damage by fire, insurable interest.

The act of 1911, providing that each railroad company, or others owning or operating a railroad within this state, shall be responsible for damages to property caused by fire; and that such companies shall have an insurable interest in the property along their routes, is not violative of any of the provisions of the federal or state constitutions. Pittsburgh etc. R. Co. v. Chappell, 183 Ind. 141,

106 N. E. 403; Pittsburgh etc. R. Co. v. Home Ins. Co., 183 Ind. 355, 108 N. E. 525; Pittsburgh etc. R. Co. v. Childs, 183 Ind. 464, 108 N. E. 583.

In actions under the act of 1911, to recover damages from a railroad company for the destruction of property by fire, it is not necessary for the plaintiff to allege and prove the absence of contributory negligence on his part, but the burden is upon the defendant to show such negligence. Pittsburgh etc. R. Co. v. Chappell, 183 Ind. 141, 106 N. E. 403; Pittsburgh etc. R. Co. v. Home Ins. Co., 183 Ind. 355, 108 N. E. 525.

[Acts 1917, p. 118. In force March 1, 1917.]

5533. Powers and authority.-3. The power and authority is hereby vested in the railroad commission of Indiana, and it is hereby made its duty as hereinafter provided to supervise all railroad freight and passenger tariffs, and to adopt all necessary rules and regulations to govern car distribution and delivery, train service and accommodations and demurrage rules and charges and for car service or the transfer and switching of cars from one railroad to another at junction points, or where entering the same city or town, and to supervise charges therefor; to require and supervise the location. and construction of sidings and connections between railroads, to supervise the crossing of the tracks and sidetracks of railroads by other railroads now in process of construction or extension, and to prescribed the terms and conditions and manner in which such crossings shall be made; and the character thereof, whether at grade or over or under grade, and the authority now vested in the auditor of state under the laws of this state with reference to the crossings of railroads by other railroads, or by railroads operated by electricity, and the installation and maintenance of interlocking appliances at such crossings is hereby vested in the commission; to supervise and regulate private car line service and private tracks where such tracks are operated in connection with any railroad in this state or share in the rates or earnings of any common carrier subject to the provisions of this act; to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads, and to enforce the same by proceedings for the enforcement of penalties provided by law through courts of competent jurisdiction.

(a) The classification of freight adopted by the railroads shall be uniform and shall apply to and be the same for all railroads subject to the provisions of this act.

(b) The said commission shall have power and it shall be its duty, as hereinafter provided, upon the failure of the railroad companies so to do, to fix and establish for all or any connecting lines of railroads in this state reasonable joint rates of freight, transfer and switching charges for the various classes of freight and cars that may pass over two or more lines of such railroads.

(c) If any two or more connecting railroad companies shall fail to agree upon a fair and just division of the charges arising from the transportation of freights, passengers or cars over their lines, the commission shall, as hereinafter provided, fix the pro rata part of such charges to be received by each of said connecting lines.

(d) The commission shall have power, as hereinafter provided, and it shall be its duty from time to time, to alter, change, amend or abolish any classifications or rates established by any railroad company or companies whenever found to be unjust, unreasonable or discriminative, and to make and substitute for said unjust, unreasonable or discriminative rates or classifications, amended, altered or new classifications or rates, which shall be put into effect by said railroad company or companies, and in case any carrier fails to have any rate or schedule of rates to any point on its line or on any connecting line, in this state, the commission, as hereinafter provided, may make and order a rate or schedule of rates which shall be published and put into effect by said carrier or carriers.

(e) The commission may adopt and enforce such rules, regulations and modes of procedure as it may deem proper to hear and determine complaints and for the conduct of all investigations held by it or its appointees and to regulate the conduct of its inspectors and appointees.

(f) The commission shall enforce, as hereinafter provided, reasonable and just rates of charges for each railroad company subject hereto for the use or transportation of loaded or empty cars on its road; and may so enforce for each railroad, or for all railroads alike, reasonable rates for storing and handling of freight, and for the use of cars not loaded or unloaded within forty-eight hours after notice of arrival and placement for service, not to include Sundays or legal holidays.

(g) The commission shall enforce reasonable rates as hereinafter provided for the transportation of passengers over each or all of the railroads subject hereto, which rates shall not exceed the rates fixed by law. The commission shall have power to enforce reason

able rates, tolls or charges for all other services performed by any railroad subject hereto.

(h) The provisions of this section shall be construed to mean that the power of said commission extends to any case where any person, firm, corporation or association, or any mercantile, agricultural or manufacturing society, or any body politic or municipal organization, complain of anything done, or omitted to be done by any common carrier subject to the provisions of this act, and shall apply to said commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the commission to such common carrier who shall be called upon to satisfy the complaint, or to answer same in writing within a reasonable time to be specified by the commission. If such carrier shall not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating said complaint it shall be the duty of the commission to investigate the matters complained of, and no complaint shall at any time be dismissed because of the absence of direct damage to the complainant. And said commission shall have the power after such investigation to make such corrections, alterations, changes or new rules or regulations or rates as may be necessary to prevent injustice or discrimination to the party complaining or to any other person, firm or corporation: Provided, That when any rate, charge, classification, rule or regulation shall have been so made, changed, modified or added to by said commission such order shall operate for the benefit of all persons or corporations situated similarly with said complaining party.

(i) Every such carrier shall annually, on or before the 31st day of March, file with such commission, under the signature and oath of its principal accounting officer, a detailed report, in the form prescribed by the commission, of all its financial and business operations in this state for the year ending on the preceding 31st day of December, and such report shall embrace such other information and facts as shall be prescribed by the interstate commerce commission for reports of interstate carriers thereto, and such reports shall be in the form so prescribed, in so far as the same is applicable. Any carrier failing to make such report for thirty days after the same shall be due unless the time therefor shall be extended by the commission, shall forfeit and pay to the State of Indiana the sum of one hundred dollars ($100.00) for each and every day of such default, to be collected as provided in this act; Provided: That the first report required to be made by an electric, interurban or suburban railroad pursuant to this paragraph shall be for the year ending June 30, 1908.