CHAPTER 74.

CLERK OF THE SUPREME COURT.

AN ACT to repeal Section 3771 of the Code, and to enact a Substitute s. F. 286.
therefor, in relation to Compensation of the Clerk of the Supreme
Court and fixing the amount of Fees in certain cases and providing
for their Collection and payment into the State Treasury, and re-
pealing Section 3772 of the Code.

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

SECTION 1. That section 3771 of the Code be and the same Code, 23771: is hereby repealed, and the following enacted in lieu thereof:

Substitute

for.

$1,200 annu

Section 3771. The salary of the clerk of the supreme court Shall be paid shall be twenty-two hundred dollars per annum; and there is a salary. allowed him the sum of twelve hundred dollars per annum, or Clerk hire, so much thereof as may be necessary, for clerk hire, to be paid ally. upon affidavit of the clerk that the services for which such clerk hire is allowed are necessary to the proper discharge of the duties of his office.

The clerk shall collect the following fees, and account for them Fees to be colas provided in section 3778 of the Code, and shall also keep account of and report in like manner all uncollected fees: Upon filing each appeal, three dollars.

Upon entering judgment when the cause has been tried on its merits, two dollars.

Upon each continuance, one dollar.

Upon issuing each execution, one dollar and twenty five cents.
Upon entering satisfaction of each judgment, fifty cents.
Upon each writ, rule or order to be served upon any person
not in court, twenty five cents.

For copying an opinion to be transmitted to an inferior court upon reversal of a judgment or an order, to be paid by the party against whom the costs are adjudged, or for a copy of such opinion, or any record made at the request of any person, for each one hundred words, ten cents.

SEC. 2.

lected and paid into State treasury.

pealed.

That section 3772 of the Code be, and the same is Code, 23772 rehereby repealed. Approved, March 21, 1878.

S. F. 274.

Code, ¿ 3762 ? amended. Salary shall be $1,000.

CHAPTER 75.

STATE LIBRARIAN.

AN ACT to amend section 3762 of the Code, relating to Salary of the
State Librarian.

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

SECTION 1. That section 3762 of the code be and the same is hereby amended by striking out the words "twelve hundred" in the first and second lines and inserting the words one thousand " in lieu thereof.

Approved, March 21, 1878.

CHAPTER 76.

STATE UNIVERSITY.

Sub. H. F 304. AN ACT for the Endowment and Support of the State University. Additional to Code, Title XII., Chapter 2: "Of the State University."

ment.

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

SECTION 1. That there be and is hereby appropriated out of $20,000 endow any money in the state treasury, not otherwise appropriated, the sum of twenty thousand (20,000) dollars annually to the state university as an endowment fund for said institution, to be paid in instalments of five thousand (5,000) dollars each. The first installment of five thousand (5,000) dollars to be paid on the first day of July, one thousand eight hundred and seventy eight (1878) and the same sum quarterly thereafter.

pairs.

SEC. 2. That there be and is hereby appropriated, in addition $10,000 for re- to the amounts appropriated in the first section of this act, the sum of ten thousand (10,000) dollars for repairs on the buildings, and for fencing and walks, and for no other purpose. One-half of said amount to be paid on the first day of September, one thousand eight hundred and seventy-eight, and one-half on the first day of September, one thousand eight hundred and seventynine.

der of Execu

SEC. 3. The money hereby appropriated shall be drawn from Money to be the state treasury by the treasurer of said state university, on the drawn on or order of the executive committee appointed by the board of re tive commit- gents of said university, countersigned by the secretary thereof under the university seal. Approved, March 22, 1878.

tee.

CHAPTER 77.

ESTABLISHING A BOARD OF RAILROAD COMMISSIONERS.

AN ACT to repeal Chapter 68, Acts of the Fifteenth General Assembly, Substitute and provide for the Establishment of a Board of Railroad Commis- H. F. 268, 14, sioners, and Defining their Duties and Term of Office.

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

245, 247354.

SECTION 1. That chapter 68, of the acts of the fifteenth gen Parts of chaperal assembly, excepting sections one, two, and seven thereof, be ter 68, 15th G. and the same is hereby repealed, and the following be enacted:

A., repealed.

persons, one gineer.

SEC. 2. The governor, with the advice and consent of the ex- Board to conecutive council shall, before the first day of April next, appoint sist of three three competent persons (one of whom shall be a civil engineer), a civil enwho shall constitute a board of railroad commissioners, and who shall hold their offices from the date of their respective appoint- Term of office. ments, for the terms of one, two and three years, respectively, from the first day of April next.

The governor shall, in like manner, before the first day in April of each year thereafter, appoint a commissioner, to continue in office for the term of three years from said day; and in case any vacancy occurs in the said board by resignation or otherwise, shall, in the same manner, appoint a commissioner for the residue of the term, and may remove such commissioners, and appoint others to fill their vacancy at any time, in the discretion of the governor and executive council. No person owning any bonds, owning stock stock or property in any railroad company, or who is in the in R. R. etc. employment of, or who is in any way or manner pecuniarily in- tute ineligi terested in any railroad corporation, shall be eligible to the office bility. of railroad commissioner. Said commissioners shall be qualified electors of the state.

The commissioners shall, as nearly as practicable, be selected one from the eastern, one from the central and one from the

western portions of the state.

shall consti

ers.

SEC. 3. Said commissioners shall have the general supervision Duties of of all railroads in the state operated by steam, and shall inquire commission into any neglect or violation of the laws of this state by any railroad corporation doing business therein, or by the officers, agents or employees, thereof, and shall also from time to time carefully examine and inspect the condition of each railroad in the state, and of its equipment, and the manner of its conduct and management, with reference to the public safety and convenience, and for the purpose of keeping the several railroad companies advised Shall make as to the safety of their bridges, shall make a semi-annual exami- examination nation of the same, and report their condition to the said com- of bridges. panies.

And if any bridge shall be deemed unsafe by the commis

semi-annual

If bridge is found unsafe

be notified.

sioners, they shall notify the railroad company immediately, and R. R. Co. shall it shall be the duty of said railroad company to repair and put in good order within ten days after receiving said notice, said bridge, and in default thereof, said commissioners are hereby authorized and empowered to stop and prevent said railroad company from running or passing its trains over said bridge, while in its unsafe condition.

Shall notify

R. R. Co. of

any repairs or changes deemed expedient.

Whenever, in the judgment of the railroad commissioners, it shall appear that any railroad corporation fails, in any respect or particular, to comply with the terms of its charter or the laws of the state, or whenever in their judgment any repairs are necessary its road, or any addition to its rolling stock, or any addiupon tion to or change of its stations or station houses, or any change in its rates of fare for transporting freight or passengers, or any change in the mode of operating its road and conducting its business is reasonable and expedient in order to promote the security, convenience and accommodation of the public, said railroad commissioners shall inform such railroad corporation of the improvements and changes which they adjudge to be proper, by a notice thereof in writing to be served by leaving a copy thereof certified by the commissioners' clerk, with any station agent, clerk, treasurer or any director of said corporation and a report of the proceedings shall be included in the annual report of the commissioners to the legislature.

Nothing in this section shall be construed as relieving any railRailroads not road company from their present responsibility or liability for damage to person or property.

relieved of

liability.

Report of commission

ers.

SEC. 4. The said railroad commissioners shall, on or before the first Monday in December in each year, make a report to the governor of their doings for the preceding year, containing such facts, statements and explanations as will disclose the working of the system of railroad transportation in this state, and its relation to the general business and prosperity of the citizens of the state, and such suggestions and recommendations in respect thereto as may to them seem appropriate. Said report shall also contain as to every railroad corporation doing business in this state:

First.-The amount of its capital stock.

Second. The amount of its preferred stock, if any, and the condition of its preferment.

Third.-The amount of its funded debt and the rate of interest.
Fourth.-The amount of its floating debt.

Fifth. The cost and actual present cash value of its road and equipment, including permanent way buildings and rolling stock, all real estate used exclusively in operating the road, and all fixtures and conveniences for transacting its business.

Sixth. The estimated value of all other property owned by such corporation, with a schedule of the same, not including lands granted in aid of its construction.

Seventh. The number of acres originally granted in aid of construction of its road by the United States or by this State. Eighth.--Number of acres of such land remaining unsold.

Ninth.-A list of its officers and directors, with their respective places of residence.

Tenth-Such statistics of the road and of its transportation business for the year as may, in the judgment of the commissioners, be necessary and proper for the information of the general assembly, or as may be required by the governor. Such report shall exhibit and refer to the condition of such corporation on the first day of July of each year, and the details of its transportation business transacted during the year ending June 30th.

Eleventh-The average amount of tonnage that can be carried over each road in the state with an engine of given power.

road compan

SEC. 5. To enable said commissioners to make such a report, Report of railthe president or managing officer of each railroad corporation ies. doing business in this state, shall annually make to the said commissioners, on the 15th day of the month of September, such returns, in the form which they may prescribe, as will afford the information required for their said official report; such returns shall be verified by the oath of the officer making them; and any railroad corporation whose return shall not be made as herein prescribed by the 15th day of September, shall be liable to a penalty of one hundred dollars for each and every day after the 16th day of September that such return shall be wilfully delayed or refused. SEC. 6. The said commissioners shall hold their office in the capitol, or at some other suitable place in the city of Des Moines. They shall each receive a salary of three thousand dollars per an- Salary of num, to be paid as the salaries of other state officers are paid, and commissionshall be provided at the expense of the state with necessary office furniture and stationery, and they shall have authority to appoint And their a secretary, who shall receive a salary of fifteen hundred dollars

per annum.

ers,

secretary.

sworn, and give bond.

SEC. 7. Said commissioners and secretary shall be sworn to Shall be the due and faithful performance of the duties of their respective offices before entering upon the discharge of the same, as prescribed in section 676 of the Code, and no person in the employ of any railroad corporation, or holding stock in any railroad corporation, shall be employed as secretary.

Each of said commissioners shall enter into bonds with security to be approved by the executive council, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties.

paid by

SEC. 8. To provide a fund for the payment of the salaries and Salaries to be current expenses of the board of commissioners, they shall certify special fund. to the executive council on or before the first day of January in each year, the amount necessary to defray the same, which amount shall be divided pro rata among the several railway corporations according to the assessed valuation of their property in the state. The executive council shall thereupon certify to the board of su pervisors of each county, the amount due from the several railway corporations located and operated in said county and the board of supervisors shall cause the same to be levied and collected as other taxes upon railway corporations, and the county treasurer shall account to the state for the same as provided by law for other state funds.