CH. 166]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

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 in Des Moines, [Iowa.]

Approved April 19 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 25, 1913 and in the Des Moines Capital April 30, 1913.

W. S. ALLEN, Secretary of State.

CHAPTER 166.

POSTING OF BULLETINS AT RAILWAY STATIONS.

Sub. for S. F. 267.

AN ACT to amend section two thousand seventy-seven-a (2077-a) supplement to the code, 1907, as amended by chapter one hundred twenty-five (125) of the acts of the thirty-third general assembly, relating to the posting of bulletins at railway stations.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Bulletin posted-time of arrival of trains. That section two thousand seventy-seven-a (2077-a) supplement to the code, 1907, as amended by chapter one hundred twenty-five (125) of the acts of the thirty-third general assembly be and the same is hereby amended by adding the following thereto :

And at all stations where a telegraph or telephone operator is maintained, such bulletin shall indicate whether said trains are late or on time, and if late, the approximate number of minutes late. If the train is less than ten (10) minutes late, the same shall be considered on time for the purpose of this act.

SEC. 2. Violation-penalty. Any agent, telephone or telegraph operator of such railroad corporation who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00).

Approved April 14 A. D. 1913.

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

[CH. 168

CHAPTER 167.

LOCOMOTIVE ENGINES EQUIPPED WITH FROST GLASS.

H. F. 303.

AN ACT to require all persons, partnerships, companies or corporations owning or operating a railway in this state, to equip the cab of all locomotive engines with frost glass in front of the seat of the engineer and fireman of said engine, and providing a penalty for the violating thereof. [Additional to chapter five (5)

of title ten (X) of the code, relating to railway companies.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Cab equipped-frost glass-time. Every person, partnership, company or corporation owning or operating a railway in the state of Iowa, between November 1st and April 1st of each year, shall equip the cab of all locomotive engines in use, with frost glass, of not less than eight inches in width and eighteen inches in length on either side of the cab of said engine in front of the seat of the engineer and fireman; provided that where a frost glass is broken or becomes out of repair, a period of not to exceed seventy-two (72) hours is allowed to repair or replace the same.

SEC. 2. Violation-penalty. Any violation of this act shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for each day any locomotive engine is operated in violation. thereof.

Approved April 9 A. D. 1913.

CHAPTER 168.

TAX LEVY IN AID OF RAILROADS IN CERTAIN CITIES.

S. F. 260.

AN ACT to amend section two thousand and eighty-five (2085) of the supplement to the code, 1907, relating to taxes in aid of railroads and in relation to the number of signatures of resident freeholders to petitions therefor in cities acting under special charter, and cities having a population of twenty-five thousand (25,000)

or over.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Petition-number of signers in certain cities. That section two thousand and eighty-five (2085) of the supplement to the code, 1907, be amended by adding thereto, the following:

"Provided, that in cities acting under special charter, and cities having a population of twenty-five thousand (25,000) or over, it shall only be necessary that the petition for the submission of the question of aiding any railroad company, as herein provided, shall be signed by two thousand (2,000) or more resident freeholders thereof."

SEC. 2. In effect. This act being deemed of immediate importance shall be in full force and effect after its passage and publication in the Register and Leader, and the Des Moines Capital, newspapers published at Des Moines, Iowa. Approved April 8 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader and Des Moines Capital April 14, 1913.

W. S. ALLEN, Secretary of State.

CH. 169]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 169.

AID IN CONSTRUCTION OF ELECTRIC RAILROADS OR ELECTRIFICATION OF STEAM RAILROADS.

S. F. 546.

AN ACT to enable benefitted property to aid in the construction of trolley or electric railroads or the electrification of steam railroads, being additional to chapter five (5) of title ten (10) of the code, as amended.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Tax levy. Taxes not exceeding five per cent on the assessed value of the real property of any district or territory contiguous to any projected trolley or electric railroad, or to any steam railroad which it is proposed to electrify, may be levied to aid in the construction of such projected trolley or electric railroad, or in the electrification of such steam railroad, within the state, as hereinafter provided.

SEC. 2. Benefited property-petition-proposition submitted-electiontaxes-how collected. When it is proposed to construct any trolley or electric railroad, or to electrify any steam railroad, and a petition definitely describing any district or territory contiguous to and within five miles of the line of such railroad or proposed railroad, signed by a majority of the resident freehold tax payers, of such district or territory, asking that the question of aiding in the construction or electrification of such railroad or proposed railroad within such district or territory, be submitted to the voters thereof, is presented to the board of supervisors of the county in which such district or territory is situated, it shall be the duty of such board of supervisors immediately to give notice of a special election by publication in some newspaper published in such district or territory, if any there be, and if not, then in some newspaper published in the county, and also by posting copies of said notices in five public places in such district or territory at least ten days before such election, which shall state the time and place of holding the same, the name of the company and the line of the road proposed to be added, the rate per cent of the tax to be levied; whether one half thereof shall be collected the first year and one half the following year, or whether the whole is to be collected in one year, the amount of work required to be done, and when and where the same shall be done, to what point said railroad shall be fully completed, and any other conditions which shall be performed before such tax or any part thereof shall become due, and in no case shall such tax become due until such railroad is fully completed according to the conditions of said notice. The board of supervisors shall cause to be prepared the form of the proposition to be submitted, and the proposition shall be printed and placed upon the ballots, and the board of supervisors shall appoint the judges and clerks of election, and the election shall be conducted in the same manner as provided with respect to like or similar propositions in the chapter on elections, and the judges of election shall canvass the vote and make return to the county auditor, and if a majority of the votes polled be for the adoption of the proposition, then the county auditor shall forthwith certify to the result thereof, rate per cent of the tax voted, the year or years during which the same is to be collected, the name of the company to which voted, and the time, terms and conditions upon which the same when collected is to be paid under the conditions and stipula

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[CH. 169

tions in said notice, together with an exact copy of the notice under which the election was held, which the county auditor shall at once cause to be recorded in the office of the recorder of deeds. The expense thereof and of publishing the notice and all the expenses of the election shall be paid by the railway company to which it is proposed to vote the tax. When such certificate has been made and recorded the board of supervisors of the county shall at the time of levying the ordinary tax next following, levy such taxes as are voted under the provisions hereof as shown by said certificate, and cause the same to be placed on the tax lists of the proper township, town or city, indicating in their order thereupon when and in what proportion the same are to be collected, and upon what conditions the same are to be paid to the railway company, a certified copy of which shall accompany the tax list. The taxes shall be collected at the time or times specified in the order and in the same manner and subject to the same laws after they are collectible as other taxes, or as may be stated in the petition and notice for the election, except as otherwise provided; provided however, that such tax shall only be levied upon the real property within such district or territory. The stipulations and conditions in the notice prescribed in this section must conform to those set forth in the petition asking for the election, and the aggregate amount of taxes voted in any such district or territory shall not exceed five per cent of the assessed value of the real property therein.

SEC. 3. What statutes apply. The provisions of sections 2087, 2090 and 2091 of the supplement to the code, 1907, are hereby made applicable to all taxes levied under the provisions of this act.

SEC. 4. Aid given only to owners unless approved by railroad commissioners. No tax shall be levied to aid in the electrification of any steam railway for the benefit of any person, firm, or individual, who is not the owner in fee simple of said steam railway, unless with or prior to the presentation of the petition to the board of supervisors asking for said clection, the agreement between the person, firm, or corporation proposing to electrify said steam railway, and the owner of said steam railway for its electrification and use, has been presented to the board of railway commissioners, and its duration, terms and conditions found suitable by said board, and said approval made a matter of record in the proceedings of said board of railway commissioners, and certified to such board of supervisors.

SEC. 5. Tax levy-limitation. The real property upon which such tax shall have been levied shall not be subjected to taxes in aid of railroads, including such tax, to exceed five percentum of the assessed value of said real property, for a period of ten years after said levy.

SEC. 6. In effect. This act being deemed of immediate importance, shall take effect and be in full force from and after its publication in the Register & [and] Leader and Des Moines Capital, newspapers published at Des Moines, Iowa.

Approved April 18 A. D. 1913.

I hereby certify that the foregoing act was published in the Register and Leader April 25, 1913 and in the Des Moines Capital April 23, 1913.

W. S. ALLEN, Secretary of State.

CH. 170]

LAWS OF THE THIRTY-FIFTH GENERAL ASSEMBLY

CHAPTER 170.

UNIFORM GAUGE FOR RAILROADS.

S. F. 27.

AN ACT to require all railroad companies owning railroads in the state of Iowa, of less than four (4) feet, eight and one half (82) inches gauge, to adopt such gauge within such reasonable time as may be fixed by the railroad commissioners. [Additional to chapter five (5) of title ten (X) of the code, relating to the construction and operation of railways.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Railroad commissioners-inspection--order. That the railroad commissioners of Iowa are charged with the duty, within one year from the passage of this act, to inspect and examine all railroad lines or branches that are of a gauge less than four (4) feet eight and one-half (8) inches in width of track, and if, considering the interest of the public and the railroad traffic tributary to that line or branch road, and the physical or natural difficulties to be encountered and the expense that would be involved or incurred in changing the track to a gauge of four (4) feet eight and one-half (81%) inches in width, and making it practical to operate the said line or branch. road on that gauge, it appears to be reasonable and just to require the railway company which is the owner to do so, then said commissioners shall enter an order fixing a reasonable time within which said railroad track is to be changed to a gauge of four (4) feet eight and one-half (812) inches in width. SEC. 2. Duties. It shall be the duty of the railroad commissioners, within one (1) year after the passage of this act, to examine all the railroads in this state, now in existence, that are less than four (4) feet eight and one half (8%) inches gauge, and if they find that it is feasible or in their judgment necessary and reasonable to change the gauge of any such railroad to four (4) feet eight and one half (812) inches, they shall make their order in writing, fixing such reasonable time within which such gauge shall be changed to that width. In making such order, said commissioners shall take into consideration the amount and probable life of the rolling stock of such narrow gauged road, and all other facts bearing on the reasonableness of the time to be allowed to make such change of gauge.

Approved April 9 A. D. 1913.