6th. The amount of floating debt.

7th. The estimated value of the road-bed, including iron and bridges.

8th. The estimated value of rolling stock.

9th. The estimated value of stations, buildings and fixtures. 10th. The estimated value of other property.

11th. The length of single main track.

12th. The length of double main track.

13th. The length of branches; stating length of single and of double track.

14th. The aggregate length of siding and other tracks not above enumerated.

15th. The number of miles run by passenger trains during the year preceding the making of the report.

16th. The number of miles run by freight trains during the same period.

17th. The number of tons of through freight carried, and the number of tons of local freight during the same period.

18th. The monthly earnings for the transportation of passengers during the same time.

19th. The monthly earnings for the transportation of freight during the same time.

20th. The monthly earnings from all other sources respectively.

21st. The amount of expenses in running passenger trains during the same time.

· 22d. The expenses incurred in running freight trains, and in running mixed trains during the same time.

23d. All other expenses incurred in the management of the road, including the salaries of the officers, which shall be reported separately.

24th. The amount expended for repairs of the road and maintenance of the way, including repairs and renewals of bridges and renewals of iron.

25th. The amount expended for improvements, and whether the same is estimated as a part of the expenses of operating or repairing the road; and if either, which?

26th. The amount expended for motive power cars.

27th.

The amount expended for station houses, buildings and fixtures.

28th.

29th.

All other expenses for maintenance of way.

All other expenses for other purposes.

30th. The number of tons of freight carried one mile.

31st. The amount received per ton per mile.

32d. The average distance each ton was hauled, and the average cost of hauling a ton of freight one mile.

33d. What freight and transportation companies run on its road, and on what terms, and whether such transportation companies use the cars of the railroad company, or cars furnished by themselves.

34th. Whether the freight or cars of such transportation companies are given preference in speed or order of transportation; and, if so, in what particular? The Commission may propound any additional interrogatories, which shall be answered by such company in the same manner as those specified in the foregoing section; and the Commission shall furnish to each company in proper time, blanks upon which to answer the foregoing and such other questions as may be propounded.

§ 826. Said Commission shall examine all through freight rates from points out of this State to points into this State; and whenever they find that a through rate charged into or out of this State is excessive or unreasonable, or discriminating in its nature, they shall call the attention of the railroad officials in this State to the fact, and to urge them of the propriety of changing such rates. And when such rates are not changed, it shall be the duty of said Commission to present the facts to the Interstate Commerce Commission and appeal to it for relief, and they shall receive upon application the services of the Attorney General of this State and into the condition, management, and all other matters concerning the business of railroads in this State so far as the same pertain to the rela tion of such railroads to the public, and whether such railroad corporations, their officers and employes comply with the laws of the State; and whether it shall come to their knowledge, or they shall have reason to believe that the laws affecting railroad corporations in their business relations to the public have been violated; they shall prosecute, or cause to be prosecuted, the corporations or persons guilty of such violations.

§ 827. They shall have the power to examine, under oath, any

person, or the directors, officers, agents and employes of any railroad corporation doing business in this State, concerning the management of its affairs, and to obtain information pursuant to this law; and shall have power to issue subpoenas for the attendance of witnesses, and to administer oaths; and any person who shall neglect or refuse to obey the process of subpoenas issued by said Commission or who being in attendance shall refuse to testify, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished for each offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment not less than ten nor more than fifty days, or both, in the discretion of the jury.

§ 828. Each officer, agent or employe failing or refusing to make, under oath, any report required by the Commission within the time required, or failing or refusing to answer fully, under oath if required, any inquiry propounded by the Commission, or who shall, in any way, hinder or obstruct the Commission in the discharge of its duty, shall be guilty of a misdemeanor, and shall be fined for each offense not less than five hundred nor more than one thousand dollars; and it shall be the duty of the Commission to prosecute the person offending; and the Franklin Circuit Court, or the circuit court of any county through which the railroad runs, the officers, agents or employes of which has violated the provisions of this section, shall have jurisdiction of such prosecution, and it shall be the duty of the Commonwealth's attorney to prosecute all indictments, actions and proceedings under this law.

§ 829. The Commission shall hear and determine complaints under sections 223, 224 and 225. Such complaints shall be made in writing, and they shall give the company complained of not less than ten days' notice of the time and place of the hearing of the same. They shall hear and reduce to writing all the evidence adduced by the parties, and render such award as may be proper. If the award of the Commission be not satisfied within ten days after the same is rendered, the chairman shall file a copy of said award, and the evidence heard, in the office of the clerk of the circuit court of the county, which, under the Code of Practice, would have jurisdiction of said controversy, and the clerk of said court shall enter the same on the docket for trial, and summons shall be issued as in other

cases against the party against whom the award shall have been rendered, requiring said party to appear in the court within the time allowed in ordinary cases, and show cause why said award shall not be satisfied. If such party fails to appear, judgment shall be rendered by default, and the same proceedings had thereon as in other ordinary cases. If a trial is demanded, the case shall be tried in all respects as other ordinary cases in which the same amount is involved, except that no evidence shall be introduced by either party except that heard by the Commission, except such as the court shall be satisfied, by sworn testimony, could not have been produced before the Commission by the exercise of reasonable diligence; the judgment and proceedings thereon shall be the same as in other ordinary cases.

§ 830. Whenever, in the judgment of the Commission, after a personal examination of the same, it shall appear that repairs are necessary upon any railroad, or when from complaint made or their own knowledge they shall have reason to believe that the tracks, bridges, tunnels or other structures of any company are in an unsafe or dangerous condition, or unfit for public travel, or that any addition to, improvements or changes in the stations or terminal facilities are needed for the convenience and security of the public, they shall give notice in writing to the company owning or operating such road of the repairs, improvements or changes they deem proper and necessary, and shall afford such corporation an opportunity to be heard in reference thereto, and if the company shall neglect or refuse to make such repairs, improvements or changes within a reasonable time after such hearing, if a hearing is requested by the company, and the Commission shall believe that such improvements or changes are proper and necessary after a hearing, if one is had, they shall lay the facts before the Attorney-General for his action, and shall report the same fully to the next Legislature; no examination, request, advice or report of the Commission shall, in any way, affect the duties or obligations of any company, or relieve it from any liability.

§ 831. The Commission shall not be required to give publicity to any contracts, leases or engagements obtained by them in their official capacity, if the interest of any company would

thereby be injuriously affected, unless, in the judgment of the Commission, the public interest requires it.

§ 832. The commissioners, nor either of them, shall, directly or indirectly, solicit or request from or recommend to any railroad company, or any officer, attorney, agent, or employe thereof, the appointment of any person to any place or position, nor shall any company offer them, or either of them, any place or appointment for themselves or other persons, nor shall they, or either of them, directly or indirectly, request, accept or receive any present, gift or gratuity of any kind from any company. A violation of the provisions, or any of them, of this section shall subject the person or corporation so violating to a fine of not less than one thousand nor more than five thousand dollars, to be recovered by indictment as other penalties for violations of law are.

§ 833. For a copy of any record on file in their office they shall charge and receive the same fees that are charged by the Secretary of State for similar services, and shall cover into the State Treasury any amount so received.

§ 834. The Commission shall annually, on the first day of December, make a report to the Governor of all matters relating to their office for the preceding year, and such as will disclose the practical workings of the railroads in this State, and such suggestions in relation thereto, as they may deem necessary and proper, and shall have printed and lay before each Legislature, within the first ten days of its session, five hundred copies of their reports for the preceding two years.

SUBDIVISION IV. CONDEMNATION OF LAND.

§ 835. When any company authorized to construct a railroad shall be unable to contract with the owner of any land or material necessary for its use for the purpose thereof, it shall file, in the office of the clerk of the county court, a particular description of the land and material sought to be condemned, and may apply to the county court to appoint commissioners to assess the damages the owner or owners thereof may be entitled to receive, and thereupon the said court shall appoint