may be reasonable and conformable to law. [C. L. § 2333*; '92, p. 7*; '97, p. 237. Eminent domain generally, ?? 3588-3608. 437. Street and highway crossings. No railroad shall use any road. street, alley, or highway within any county, city, or town, except with the consent of the authorities of such county, city, or town, as provided by law; provided, that this section shall not be construed to prevent railroads from crossing at right angles, or as nearly as may be, any street, alley, or highway across which its located line may pass. [C. L. § 2333*; '97, p. 237. Street railroads must have consent of municipal authorities, Con. art. 12, sec. 8. 438. Franchise forfeited by inaction. If such railroad company shall not, within three years after the filing of its articles of association, begin the construction of its railroad and expend thereon an amount equal to at least three per cent of its incorporated capital, or if it shall fail to finish the road and put the same into full operation within ten years after the filing of its articles, its corporate franchise, as to all parts of its line not then constructed, shall be deemed forfeited. [C. L. § 2358*; '92, p. 58; '97, p. 237. 439. Right of way through state lands granted. The right of way through the state lands not appropriated to some public use is hereby granted to any railroad company duly organized under the laws of any state or territory or by the congress of the United States, which shall have filed with the secretary of state a copy of its articles of incorporation and due proofs of its organization under the same, to the extent of seventy-five feet on each side of the central line of said road; also the right to take, from the state lands adjacent to the line of said road, material, earth, stone, and timber, necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, sidetracks, turnouts, and water stations, not to exceed in amount ten acres for each station, to the extent of one station for each ten miles of its road. Any railroad company desiring to secure the benefits of this section shall, immediately after the location of any section of twenty miles of its road. if the same be upon surveyed lands, and, if upon unsurveyed lands, immediately after the official survey thereof, file with the state board of land commissioners a map of its road; and upon approval thereof by the secretary of state the same shall be noted upon the plats in said office; and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way; provided, that if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. Sup. R. S. of U. S., vol. I, chap. 152*. Limitation on sale of land not to apply to common carrier, ? 2364. 440. Railways and highways through canyons. Any railroad company whose right of way, or whose track or roadbed upon such right of way. passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade; and the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road, or highway where such road, or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road; provided, that such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. Sup. R. S. of U. S., vol. I, chap. 152. 441. Maps showing location to be filed. Every company constructing or operating a railroad in this state shall, within a reasonable time after the final location of the road, file a map thereof showing the route decided upon and the land obtained for the use thereof, in the office of the secretary of state; and like maps of the several parts thereof located in the several counties through or into which the road may be extended shall be filed in the offices of the recorders of such counties respectively. Map and profiles, certified by the chief engineer, the president, and the secretary of the company, shall be filed in the office of the secretary of the company, subject to examination by any person interested. [C. L. § 2357*. 442. Railroad companies may lease lines not competitive. Any railroad company organized or existing under the laws of this state may lease and operate any part or all of a railroad constructed by any other company within or without this state; and any railroad company organized under the laws of the United States, or of another state or territory, may lease and operate any part or all of the railroad constructed by another company within this state; provided, that this section shall not be construed to permit any railroad company to lease or operate, in whole or in part, any parallel or competitive line. [C. L. § 2367*. 443. Preferred and special stock and income certificates. Any railroad corporation organized or existing under the laws of this state shall have power to create, issue, and dispose of preferred stock, special stock, and income certificates, to such amounts and in such form, and for such purposes, as may be determined upon by the board of directors of such corporation, with the assent thereto of the holders of at least two-thirds in amount of the common capital stock; provided, that no increase of any preferred or special stock, or of any income certificates issued pursuant to this chapter shall at any time be made without the assent thereto of the holders of two-thirds in amount of the preferred stock, special stock, or of the income certificates to be affected by such issue, as the case may be. The holders of such preferred or special stock shall have the same right to vote at stockholders' meetings as the holders of the common stock of said company, and shall be equally qualified to be officers thereof. Limitation on issuance of stock, Con. art. 12, sec. 5. 444. Railroad bonds and mortgages. Railroad companies organized or existing or that may hereafter organize under the laws of this state shall have power to issue bonds for such sums, and payable at such times and places, and drawing interest at such rates, as the board of directors may deem expedient, and, to secure the payment of such bonds and interest, shall have power to execute trust deeds or mortgages or both upon the whole or any part of their lines, real property, rolling stock, machinery, and other personal property, franchises, income, and profits, acquired or that thereafter may be acquired. Such bonds and trust deeds or mortgages shall be valid according to their terms, notwithstanding the fact that the bonds may be sold below par value. A trust deed or mortgage made as aforesaid, to operate as notice to third persons, shall be recorded in the office of the recorder of each county in which any of the property affected by such trust deed or mortgage may be situated. Any such mortgage or trust deed so recorded shall be a valid lien, according to the terms thereof, upon the personal property and chattels included therein, notwithstanding the fact that the possession of such property may remain with the mortgagor. [C. L. $$2368-71*. OPERATION. 445. Must maintain good crossings. Every railroad company shall be liable for damages caused by its neglect to make and maintain good and sufficient crossings at points where any line of travel crosses its road. [C. L. § 2359*. For cases of negligence by railway companies, almost constantly in use, in a large city, reasonable care on the part of the railroad company requires it to provide flagmen or gates. English v. Sou. Pac. Co., 13 U. 407; 45 P. 47. 446. Liable for stock killed or injured. Every railroad company shall be liable for all damages sustained by the owner of any live stock killed or injured by the engineer or cars of said company. [C. L. § 2349*; '90, p. 78. Notice of stock killed to be posted, 22 68, 69. Section 2349, C. L. 1888, which provided that every railroad company should be liable for all live stock killed by it, regardless of any fault on the part of the railroad company, is void as taking property without due process of law, under the fifth amendment to the constitution of the U. S. Jensen v. U. P. Ry. Co., 6 U. 253; 21 P. 994. Laws of 1890, p. 78, which render railroad companies liable for injuries to stock unless they fence their roads and construct sufficient cattle guards where such roads pass through lands owned and settled or occupied by private owners," require such fencing and construction of guards where the land forms a portion of tracts which are under cultivation, though not itself cultivated. Stimpson v. U. P. Ry. Co., 9 U. 123; 33 P. 369. 447. Ringing bells and blowing whistles at crossings. Every locomotive shall be provided with a bell weighing not less than twenty pounds, which shall be rung continuously from a point not less than eighty rods from any street, road, or highway crossing, until such street, road, or highway shall be crossed, but the sounding of the locomotive whistle at least one-fourth of a mile before reaching any such crossing shall be deemed equivalent to ringing the bell as aforesaid, except in towns and at terminal points; during the prevalence of fogs. snow, and dust storms, the locomotive whistle shall be sounded before each street crossing while passing through cities and towns. All locomotives, with or without trains, before crossing the main track at grade of any other railroad, must come to a full stop at a distance not exceeding four hundred feet from the crossing, and must not proceed until the way is known to be clear; two blasts of the whistle shall be sounded at the moment of starting; provided, that whenever interlocking signal apparatus and derailing switches are adopted such stop shall not be required. Every person in charge of a locomotive, for any neglect to observe the provisions of this section shall be deemed guilty of a misdemeanor, and the corporation shall be liable for all damages which any person may sustain by reason of such neglect. [C. L. § 2350*. Penalty for failure to ring bell, etc., 4291. A failure to ring the bell or sound the whistle at the crossing of highways, is such negligence as in the absence of contributory negligence will render the company liable for injuries resulting from a collision with a person in a wagon crossing the track. Bitner v. U. Cen. Ry. Co., 4 U. 502; 11 P. 620. Under the laws of Utah, it is negligence for a railroad company not to provide its engines with a bell of at least twenty pounds weight, and not to ring the same at least eighty rods from a crossing, or, in lieu thereof, not to sound the whistle at least a quarter of a mile from the crossing. Olsen v. O. S. L. Ry. Co., 9 U. 129; 33 P. 623. The statutory requirement that the locomotive bell should be rung and whistles sounded at street crossings does not relieve the company from its failure to adopt other reasonable measures for the public safety; and such vigilance must be greater in populous dis tricts, at a crossing in a large city, than in country places. English v. Sou. Pac. Co., 13 U. 407; 45 P. 47. 448. Trains to be run on schedule. Bulletins. Every railroad company shall start and run its trains for the transportation of persons and property at such regular times as it shall fix by public notice; and the station agents thereof shall announce on a bulletin board, placed in a conspicuous and public place at each station, not less than fifteen minutes before the regular time of departure of each passenger train, the time of such departure, or, if the train is delayed, the probable duration of such delay, and on failure thereof shall be deemed guilty of a misdemeanor. The corporation shall be liable for all damages that may be sustained by any person by reason of the failure of any of its station agents to observe the requirements of this section. [C. L. § 2351*; '90, p. 34*. 449. To transport all freight and passengers offered. Every railroad company shall furnish sufficient accommodations for the transportation of all passengers and property as shall, within a reasonable time previous to the departure of any train, offer or be offered for transportation at any station, siding, or stopping place established for receiving and discharging passengers and freight, and at any railroad junction; and shall take, transport, and discharge such passengers and property at, from, and to such places, on the due payment of tolls, freight, or fare therefor; and if the company or its agents shall refuse to take and transport any passenger or property, or to deliver the same at the regularly appointed places, it shall be liable to the party aggrieved for all accruing damages, including costs of suit. [C. L. § 2351*. 450. When not liable for injuries to passengers on platforms. In case any passenger shall be injured on the platform of any car or on any baggage, wood, gravel, or freight car, in violation of the printed regulations of the company, posted up at the time in a conspicuous place inside of its passenger cars then in the train, or in violation of verbal instruction given by any officer of the train or company, such company shall not be liable for the said injury; provided, said company at the time furnished room inside its passenger cars sufficient for the accommodation of the passengers. [C. L. § 2353*. 451. Ejection of passengers for refusal to pay, or disorderly conduct. If any passenger refuses to pay his fare or exhibit or surrender his ticket when requested so to do, or if he behaves in a disorderly manner, the conductor and employees of the corporation may put him and his baggage out of the cars, using no unnecessary force, at any usual stopping place, or in sight of a dwelling, on stopping the train. [C. L. § 2354*. A contract ticket providing that if it is presented by any other person than the original holder it shall be void and the conductor shall take it up and collect full fare, is valid. Drummond v. Sou. Pac. Co., 7 U. 118; 25 P. 733. The fact that the ticket was not signed by the original purchaser made no difference since the purchaser in accepting a ticket, where the contract was set out in full, accepted the terms of the contract and was bound by them. Id. The conductor had a right to take up the ticket presented by a person other than the original purchaser; and plaintiff could not have been damaged because the ticket was returned to him. Id. Under section 2354, C. L. 1888, which provides that any passenger who refuses to prepay his fare or toll on demand may be put off the cars at any stopping place the conductor or employees of the company may elect, the conductor must select a regular stopping place of the train. Nichols v. U. P. Ry. Co., 7 U. 510; 27 P. 693. A passenger who has purchased no ticket, and who refuses the extra fare required by the rules of the company, can be put off only at a passenger station, affirming Nichols v. U. P. Ry. Co., 7 U. 510; 27 P. 693; Durfee v. U. P. Ry. Co., 9 U. 213; 33 P. 944. Where there is no statute requiring the ejection of a passenger refusing to pay his fare, to be made at a regular station, he may be ejected at any place, provided he be not thereby unreasonably exposed to danger; and the carrier is not obliged to put him off at a station, dwelling house, or stopping place. Rudy v. R. G. W. Ry. Co., 8 U. 165; 30 P. 366. The good faith of a person in believing that he had a right to ride upon a railroad ticket that had expired, cannot affect the right of the company to eject him from the train. Id. 452. Employees to wear official badges. Every conductor, baggage master, engineer, brakeman, or other employee of said railroad company employed in a passenger train, or at stations for passengers, shall wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge indicating his office or station, and the initial letters of the name of the company by which he is employed; and no collector or conductor, without such badge, shall demand or be entitled to receive from any passenger, any fare, or ticket, or exercise any of the powers of his office or station, or interfere with any passenger or property. [C. L. § 2355. 453. Baggage to be checked. A check shall be fixed to every package or parcel of baggage when taken for transportation, by the agent or an employee of such company, and a duplicate thereof given to the passenger or person delivering the same. [C. L. § 2356. RATES AND DISCRIMINATIONS. 454. To publish rates. All railroad corporations must fix and publish their rates of charges for freight and fares from one station to another on their various lines in this state. Legislature shall pass laws fixing maximum rates, etc., Con. art. 12, sec. 15. ther 455. Discriminations forbidden. No railroad company or common carrier engaged in transportation of passengers or property shall charge, demand, or receive from any person, company, or corporation for the transportation of passengers or property a greater sum than it shall charge or receive from any other person, company, or corporation for like service, from the same place, under like conditions, under similar circumstances, and for the same period of time. For every transgression of the provisions of this section such common carrier shall be liable to the party suffering thereby double the entire amount so charged to such party. Sup. R. S. of U. S., vol. I, chap. 104, 22*. Legislature shall prevent discrimination, etc., Con. art. 12, sec. 15. 456. What not deemed discriminations. Nothing in this chapter shall be construed to prohibit the carriage or handling of property free or at reduced rates for the United States, state, or municipal governments; or to or from fairs and expositions for exhibition thereat; or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation; or the issuance of mileage, excursion, or commutation passenger tickets; nor to prohibit any common carrier from giving reduced passenger rates to ministers of religion solely engaged in ministerial duties, or to the United States, state, or municipal governments; nor to prohibit railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; nor to prohibit railroad companies from giving reduced rates of transportation to other railroad companies for railroad construction material, equipment, or supplies. TITLE 12. COUNTIES. CHAPTER 1. BOUNDARIES. 457. Definitions. The words "range," " township," " and " section," as employed in this chapter, refer to the Salt Lake meridian and base line of the United States survey, except in such cases as the word range" obviously refers to a range of mountains. 66 66 458. Id. In the description of courses the words "north," "south,” east," and "west," shall be construed to mean true courses. 459. Existing counties. The several counties as they are in this chapter named and described are the counties of the state until otherwise changed by law. Existing counties recognized, Con. art. 11, sec. 1. 460. Beaver county: Beginning at a point on the summit of the range separating Beaver and Pauvan valleys from Sevier valley east of a point two miles south of the south side of Fort Wilden on Cove creek, thence west to the state boundary; thence south to the line separating townships thirty and thirty-one south; thence east to the summit of said range; thence northerly along said summit to the point of beginning. [C. L. § 53*. 461. Box Elder county: Beginning at the intersection of the northern boundary of the state and the summit of the range next east of Malad valley, thence west to the northwest corner of the state; thence south to the forty-first parallel of north latitude; thence east to the western shore of Great Salt Lake: thence northeasterly along, and to the middle point of, a straight line drawn |