H. F. 85. Election of as R. R. Commissioners. CHAPTER 29. CHANGING THE MANNER OF SELECTING RAILROAD COMMISSIONERS. AN ACT to Change the Manner of Selecting Railroad Commissioners and to Repeal Sections 2 and 8, Chapter 77, Acts of the 17th General Assembly and to Provide for the Election of and to Prescribe the Qualification of Railroad Commissioners and for the Appointment of a Secretary. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That sections 2, and 8, of chapter 77, acts of the 17th General Assembly and all acts and parts of acts inconsistent with this act are hereby repealed. SEC. 2. That at the regular election in the year 1888, there three persons shall be three persons having the qualification of electors, in the places where they shall respectively reside in the State of Iowa, chosen by the electors of the State, from the body of the electors of said State, who, when they shall have taken the oath of office and given such bond as may be required of them by the Governor of the State, shall be known and styled the Board of Railroad Commissioners of the State of Iowa. They shall hold office, beginning on the second Monday in January, 1889, for the period of one, two, and three years respectively, as shall be decided between them by lot at their first meeting as a board in such manner as may be designated by the Secretary of State. At the regular election in the year 1889, and every year thereafter at each such election there shall be chosen one person as commissioner, having the qualification herein before and here-inafter described, who shall hold his office for three years from the second Monday in January after his election, and until his successor is elected and qualified. Said person shall fill the vacancy caused by the expiration of the term of the commissioner whose term expires on the second Monday in January following his said election. It shall organize on each second Monday in every year immediately after the new member has been qualified and if for any cause this is not done, it may be done at a subsequent meeting. The organization shall be by the selection of one member as chairman and a person having the qualifications here-in-before and here-in-after described for a commissioner as secretary. The board shall have power to employ Employment such additional clerical help as it may deem necessary and for the good of the service. No person in the employ of any common carrier or owning any bonds, stock, or property, in any railroad company, or who is in any way or manner pecuniarily interested in any railroad corporation shall be eligible to the office of railroad commissioner and the entering into the employ of any common carrier, or the acquiring of any stock or other of clerical help. interest in any common carrier by any officer under this act after his election or appointment shall disqualify him to hold the office, and to perform the duties thereof. be filled by ap SEC. 3. All vacancies in the office of railroad commissioners Vacancies to shall be filled by appointment of the Governor. The person pointment of appointed to serve until his successor is elected and qualified. Governor. The board of commissioners as constituted by chapter 77, acts 17th General Assembly shall hold office and have all powers conferred upon them by chapter 77, acts of the 17th General Assembly and acts amendatory thereto and such other powers and authority as are now or may hereafter be conferred upon them by law until commissioners shall be chosen and enter upon their duties as contemplated by this act. SEC. 4. The canvass of votes cast for election of commis- Canvass of sioners provided for in this act shall be made and returns and votes cast. abstracts thereof and relating thereto be made, certified and forwarded and results of said election declared (by the executive council) in all respects in the same manner and by the same officers and boards as now provided by law for canvassing, making, certifying, forwarding and declaring the same as to other State officers. SEC. 5. The commissioners chosen under this act shall have all the powers that are conferred upon the railway commission Powers. by chapter 77 acts of the 17th General Assembly, and such other powers and authority as may be now or shall hereafter be imposed by law. Approved April 6, 1888. CHAPTER 30. REQUIRING RAILROAD COMPANIES TO FENCE TRACKS. AN ACT Requiring Rail-road Companies to Fence Their Tracks s. F. 7. within the State of lowa, and to Keep the Fences in Good Repair. Be it enacted by the General Assembly of the State of Iowa: panies to fence SECTION 1. That all railroad corporations organized under Railway comthe laws of this State, or any other State, owning or operating a their tracks. line of railroad within this State, which have not already erected a lawful fence, shall construct, maintain and keep in good repair a suitable fence of posts and barb wire, or posts and boards on each side of the tracks of said railroad within the State of Iowa, and so connected with cattle guards at all public highway crossings as to prevent cattle, horses and other live stock from getting on the railroad tracks. Said railroad tracks to be fenced by said railroad companies, on or before January 1, 1890 where the railroads are now built, and within six months after the Fences defined. act: completion of any new railroads, or any part thereof, the said fences to be constructed either of five barbed wires, securely fastened to posts; said posts to be not more than twenty feet apart, and not less than fifty four inches in height, or of five boards securely nailed to posts, said posts to be not further than eight feet apart, and said fence to be not less than fiftyfour inches in height. Provided; when said railroad corporations, who have now their fences built shall when they rebuild or repair their fences the same shall be built as provided in this Provided: further that any other fence which in the judgment of the fence viewers is equivalent to the fence herein provided shall be a lawful fence. Provided however that this act shall not be so construed as to compel a railway company operating a third class railway to fence its road through the land of any farmer or other person, who by written agreement with said company has waived or may waive the fencing of said road through such land. Provided further however, that at any points where third class roads are not released by written agreement, from building fence as herein provided for, and fences are Cattle guards. built on both sides of Railway track at such points, cattle guards shall be so constructed at such points as to prevent stock from going upon said track so fenced. Penalty for refusal to comply. Killing of stock. SEC. 2. If any corporation or officer thereof or lessee owning or engaged in the operation of any railroad, in this State neglect or refuse to comply with any provision of Section one of this act, such corporation, officer or lessee, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars for each and every offense. And every thirty days continuance of such refusal or neglect shall constitute a separate and distinct offense within and for the purposes of this Act. SEC. 3. Nothing herein contained shall relieve said railroad corporations from pecuniary liability arising from the killing or maiming of live stock on said track; or right of way by said corporation, that may occur through the negligence of said corporation or its employees, and provided further, that nothing in this act shall be construed so as to interfere with the right to open or private crossings, as now maintained, or with the right of persons to such crossings. Provided further, that nothing in this act contained shall in any way limit or qualify the liability of any corporation or person, owning or operating a railway that fails to fence the same against live stock running at large, for any stock injured or killed by reason of the want of such fence as now provided for in Sec. 1289 of the Code of 1873. Approved April 6, 1888. CHAPTER 31. RELATIVE TO CHANGE OF NAME OF RAILWAY STATIONS. AN ACT Providing for Change in Name of Railway Stations in Cer- S. F. 230. Be it enacted by the General Assembly of the State of Iowa: missioners name. SECTION 1. That in all cases where any railway company Railway Comshall fail or refuse to make the name of a railway station con- may order a form to the name of the incorporated town within the limits of change of which it is situated, the Railway Commissioners of the State, upon hearing and after notice thereof may order a change in the name of the said station to effect such uniformity in name, said notice may be served upon the same persons and in the same manner as provided for service upon said railway company of original notice, at least ten days before the date named for hearing. SEC. 2. When the Railway Commissioners shall order a 'change in the name of a railway station in pursuance of the provisions of section one of this act, said Commission shall give the company upon whose line the said station is located, notice Notice shall be of such order, and if the said order be not complied with, within given of such thirty days from the date of service of such notice, it shall be the duty of the said Commissioners to notify the Attorney General of the facts in the case, who upon such notice shall proceed in the courts of the state, to compel the enforcement of said order. change. comply with SEC. 3. A failure to comply with the order of the Railway Failure to Commissioners within thirty days from service of such notice, order. shall constitute a misdemeanor for which said railway company shall be subject to a fine of one thousand dollars and non-com- Penalty. pliance for each thirty days thereafter shall constitute a separate and distinct offense, subject to a fine of one thousand dollars. SEC. 4. This act being deemed of immediate importance Publication. shall take effect and be in force from and after its publication in the Iowa State Register and the Des Moines Leader, newspapers of general circulation in the State of Iowa. Approved March 24, 1888. I hereby certify that the foregoing act was published in the Iowa State Register and Des Moines Leader March 27, 1888. FRANK D. JACKSON, Secretary of State. H. F. 295. Cities of 7,000 population may require railroads to CHAPTER 32. CONSTRUCTION OF VIADUCTS. AN ACT to Authorize Certain Cities to Require the Erection and Be it enacted by the General Assembly of the State of Iowa: SECTION 1. The council of any city of the first class and cities organized under special charter or cities of the second class having a population of (7,000) seven thousand or over, build viaducts. shall have power to require any railroad company or companies, owning or operating any railroad track or tracks upon or across any public street or streets of such city to erect, construct, reconstruct complete and keep in repair to the extent hereinafter provided any viaduct or viaducts upon or along such street or streets and over or under such track or tracks including the ap proaches thereto as may be deemed and declared by ordinances of such city necessary for the safety and protection of the public: provided that the approaches to any such viaduct which any railroad company or companies may be required to construct, or reconstruct and keep in repair shall not exceed for each viaduct a total distance of eight hundred feet, and provided further that no such viaduct shall be required on more than every fourth street running in the same direction and that no railroad company shall be required to build or contribute to the building more than one such viaduct with its approaches in any one year. Nor shall any viaduct be required until the Board of Railroad Commissioners shall, after due examination determined said viaduct to be necessary in order to promote the public safety and convenience, and the plans of said viaduct prepared as provided in section 3 hereof, shall have been approved by said Assessment of damages. Specifications. board. SEC. 2. Whenever any such viaduct shall be deemed and declared by ordinances necessary for the safety and protection of the public, the council shall provide for appraising, assessing and determining the damages, if any, which may be caused to any property, by reason of the construction of such viaduct and its approaches. The proceedings for such purpose shall be the same as provided by law for taking possession of streets by railroad companies, except that the damages assessed shall be paid by the city. SEC. 3. The width, height and strength of any such viaduct, and the approaches thereto, the material therefor, and the manner of construction thereof shall be such as may be required |