Missouri Statute | Act | Code |Incorporation And Regulation Of Certain Utilities And Carriers| US Code - US Statute

1. Any number of persons, not less than five, may form a company
for the purpose of constructing, maintaining and operating a street
railroad for public use in the conveyance of persons, mail and express
parcels; and for that purpose may make and sign articles of association
in which shall be stated the name of the company, the number of years the
same is to continue, the city and county in which the road is to be
constructed or maintained and operated, the amount of the capital stock,
common and preferred, of the company, and the number of shares of which
said capital stock shall consist, and the names and places of residence
of the directors, not less than five nor more than thirteen in number,
who shall manage its affairs for the first year and until others are
chosen in their places. Each subscriber to such articles of association
shall subscribe thereto his name, place of residence and the number of
shares of stock he agrees to take in said company.

2. When one-half of the capital stock shall have been subscribed and ten
percent paid thereon in good faith to the directors named in said
articles of association, and an affidavit annexed thereto, made by at
least three of the directors named therein, that one-half of the stock of
the said proposed corporation has been in good faith subscribed, and ten
percent of the amount so subscribed has been paid, and that it is
intended in good faith to construct or maintain and operate the road
mentioned in such articles of association, the said original articles of
association shall be recorded in the office of the recorder of deeds of
the county or city in which the corporation is to be located and then be
filed in the office of the secretary of state, and thereupon the said
association shall by the name mentioned in the said articles of
association become a body politic and corporate with the powers, rights
and franchises, herein specified; provided, the said articles of
association shall not be filed and recorded until such association or
corporation shall pay to the state director of revenue fifty dollars for
the first fifty thousand dollars or less of the capital stock of the
corporation, and a further sum of five dollars for every additional ten
thousand dollars of the capital stock. (RSMo 1939 § 5315, A.L. 1947 V. I
p. 234)

Prior revisions: 1929 § 4910; 1919 § 10121; 1909 § 3315

Every corporation formed under the provisions of this chapter
shall have power

(1) To construct or maintain and operate its railroad along, across or
over the streets of any incorporated city or town or the roads of any
county; provided, the consent thereto of the municipal authorities of
such city or town or the county commission of such county is first
obtained; provided, municipal authorities of cities or towns shall not
grant the right-of-way over, along or across any street, except upon the
petition of the owners of the land representing more than one-half the
frontage of the street or so much thereof as is sought to be used for
streetcar purposes, and when the street or parts thereof that is sought
to be used shall be more than one mile in extent, no petition of
landowners shall be valid unless the same shall be signed by the owners
of the land representing more than one-half the frontage of each mile and
of the fraction of the mile, if any, in excess of the whole mile
measuring from the initial point named in such petition such street or
parts thereof sought to be used for such purposes;

(2) To operate its road by animal, cable, electric or other motive power,
as the consent of the use of which said power may be obtained from the
public authorities of such city, town or county;

(3) To receive and collect such fares for the transportation of persons,
express and mails as may be provided in the said consent of said public
authorities of such city, town or county given as aforesaid;

(4) To acquire by grant a right-of-way not to exceed fifty feet in width
over private property, and to construct or maintain and operate its roads
thereon;

(5) To purchase and acquire depots, powerhouse sites or terminals;

(6) To issue bonds payable in such amount and at such times and places as
it deems best, and may dispose of the same for the purposes of its
incorporation, and to secure payment of the same, may mortgage its
property, real and personal, and also the franchise of the company;

(7) To purchase, lease or acquire by other lawful contract, which shall
include the right to purchase the capital stock and bonds of other street
railroad companies, and to hold and dispose of the same, and to hold, use
and operate any street railroad or roads, with all and singular its or
their franchises and properties of every description belonging to any
other street railroad corporation or corporations; provided, that such
purchase, lease or other contract be authorized or approved by the vote
of the holders of two-thirds in amount of the capital stock of the
company so purchasing, leasing or otherwise contracting therefor at a
meeting called for that purpose upon twenty days' notice published in
some newspaper of the city or county where the general office of such
street railroad company may be located, or by written notice mailed to
the last known address of each registered stockholder twenty days before
such meeting; and provided further, such roads connect with or intersect
each other, so as to allow a single passage one way over each road for a
single fare;

(8) To sell, lease or dispose of by any other lawful contract, to any
other street railroad company, its railroad rights, franchises, including
the right to be a corporation, and all and singular its other properties
of every character and description; provided, that such sale, lease or
other contract disposing of its railroad, franchises and other
properties, shall be first authorized or approved by the vote of
two-thirds in amount of the holders of its capital stock at a regular or
called meeting of its stockholders convened pursuant to such notice as is
required in subdivision (7);

(9) To have and enjoy all such other powers and franchises as are usually
had, enjoyed and exercised by street railroad companies in addition to
the powers herein enumerated. (RSMo 1939 § 5316)

Prior revisions: 1929 § 4911; 1919 § 10122; 1909 § 3316

CROSS REFERENCES: Issuance of stocks or bonds, conditions
precedent--stock dividends prohibited, RSMo 387.280 Stocks, bonds and
notes regulated, how, RSMo 387.240, 387.270

Any street railroad company heretofore organized under any
general or special law of this state may have and enjoy all the benefits,
powers and privileges of this chapter by filing in the office of the
secretary of state a resolution of its board of directors accepting the
provisions of this chapter, and paying into the state treasury the same
fees as provided in section 391.010. (RSMo 1939 § 5317)

Prior revisions: 1929 § 4912; 1919 § 10123; 1909 § 3317

Any company formed under this chapter, or accepting the
provisions thereof, may increase its capital stock or bonded indebtedness
from time to time by the authority of the vote of a majority of the
stockholders of such company at a regular annual election for the
directors thereof, or at a special meeting of the stockholders of said
company called to consider the same upon sixty days' public notice. (RSMo
1939 § 5318)

Prior revisions: 1929 § 4913; 1919 § 10124; 1909 § 3318

Any railroad company organized under the provisions of this
chapter, or accepting the provisions thereof, may issue preferred stock
for such amount and upon such terms and conditions as the board of
directors may prescribe, by and with the consent of the shareholders of
such company expressed at a regular or special meeting of such
stockholders called upon twenty days' published notice or twenty days'
written notice to each registered stockholder addressed to him at his
last known address. (RSMo 1939 § 5319)

Prior revisions: 1929 § 4914; 1919 § 10125; 1909 § 3319

Any corporation now or which may hereafter be incorporated under
any general or special law of this state and operating a street railroad
shall have the right to effect operating arrangement with any interurban
railroad connecting therewith, which shall include the right to purchase
bonds and to guarantee the bonds of any such interurban railroad company.
(RSMo 1939 § 5320)

Prior revisions: 1929 § 4915; 1919 § 10126; 1909 § 3320

1. Whenever the division of motor carrier and railroad safety
shall be of the opinion, after a hearing had upon its own motion or upon
complaint, that the practices and service and the rules and regulations
affecting the same of any street railroad corporation are, as to
transportation upon the street surface railroads of said corporation by
use of transfers given to each passenger paying one single fare, unjust
and unreasonable either as to persons transported upon such street
surface railroads or as to any such street railroad corporation, the
division shall determine and prescribe by order the just and reasonable
service and rules and regulations affecting the same thereafter to be
maintained and observed by said street railroad corporation

(1) As to the distance over which a passenger shall by such transfer be
transported by it upon said street surface railroads for a single fare;

(2) The number of successive transfers to be given by it to a passenger
paying one single fare for transportation over said street surface
railroads; and

(3) As to the prompt use by each passenger of such transfer given him for
one single fare paid by him in making his continuous trip over said
street surface railroads.

2. And it shall thereupon be the duty of every such street railroad
corporation to obey each requirement of every such order served upon it
and do everything necessary and proper in order to secure compliance with
and observance of every such order by all of its officers, agents and
employees.

3. Until and except as the motor carrier and railroad safety division of
the department of economic development shall otherwise prescribe as to
any street railroad corporation or corporations pursuant to the
provisions of this chapter, every street surface railroad corporation
entering into a contract with another such corporation shall carry or
permit any other party thereto to carry between any two points on the
railroads or portion thereof embraced in such contract any passenger
desiring to make one continuous trip between such points for one single
fare, not higher than the fare lawfully chargeable by either of such
corporations for an adult passenger. Every such corporation shall, upon
demand, and without extra charge, give to each passenger paying one
single fare a transfer entitling such passenger to one continuous trip to
any point or portion of any railroad embraced in such contract, to the
end that public convenience may be promoted by the operation of the
railroads embraced in such contract substantially as a single railroad
with a single rate of fare.

4. For every refusal to comply with the requirements of subsection 3, the
corporation so refusing shall forfeit one hundred dollars, fifty dollars
of which shall be paid to the aggrieved party and fifty dollars paid to
the public school fund of the state. The provisions of subsection 3 shall
only apply to railroads wholly within the limits of any one incorporated
city or village. (RSMo 1939 § 5623)

Prior revisions: 1929 § 5167; 1919 § 10456

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

All existing street railroad companies, organized under the laws
of this state, which have acquired the consent of the municipal
authorities of any city, town or village to the use and occupancy by a
defined route of any of the streets of such city, town or village, for
street railroad purposes, are hereby authorized and empowered to lay
their track or tracks, and operate their cars thereon, or operate their
roads already constructed on the street or streets, for the full time
such consent has already been given, notwithstanding such road or roads
may be nearer to a parallel road than the third parallel street from any
road now constructed. (RSMo 1939 § 5295)

Prior revisions: 1929 § 4889; 1919 § 10100; 1909 § 3296

All existing street railroad companies organized under the laws
of this state, and all railroad companies authorized to propel their
cars, in whole or in part, by means of a cable under the surface of the
street, which have acquired the consent of the municipal authorities of
any city, town or village to the use and occupancy by a defined route of
any of the streets of such city, town or village for street railroad
purposes, are hereby authorized and empowered to construct their
roadbeds, including conduit for cable, and lay their track or tracks, and
operate their cars thereon for the full time for which such consent has
already been given, notwithstanding such road or roads may be nearer to a
parallel road than the third parallel street from any road now
constructed. (RSMo 1939 § 5296)

Prior revisions: 1929 § 4890; 1919 § 10101; 1909 § 3297

In all cities and towns of ten thousand inhabitants or less any
corporation having the right to operate electric lights or furnish
electricity or motive power may extend its business to include the
purchase, construction and operation of street railroads. Such extension
of business shall be made in the same manner as provided in section
351.090, RSMo. (RSMo 1939 § 5298)

Prior revisions: 1929 § 4892; 1919 § 10103; 1909 § 3299

In all cities, towns and villages of ten thousand inhabitants or
less, any corporation having the right to operate a street railroad may
with the consent of such cities, towns or villages extend its business to
include the purchase, construction and operation of electric light or
motive power plant; such extension of business shall be made in the same
manner as provided in section 351.090, RSMo. (RSMo 1939 § 5299)

Prior revisions: 1929 § 4893; 1919 § 10104; 1909 § 3300

Street railroad companies are hereby authorized, for such
compensation as may be agreed upon, to permit their roads to be used for
carrying and distributing United States mail along the routes of such
roads, and to furnish proper facilities therefor; provided, however, that
such use shall not impede or delay the transportation of passengers over
such roads. (RSMo 1939 § 5300)

Prior revisions: 1929 § 4894; 1919 § 10105; 1909 § 3301

Any company owning, leasing, operating or controlling a bridge
connecting any city, town or village in this state, with any city, town
or village of any adjoining state, may lease, own, construct and operate
a street railway over such bridge and in such cities, towns or villages
and counties in which same may be situated, and in adjoining counties,
and may also acquire and hold stock and guarantee bonds of any company
operating such street railway or railways. (RSMo 1939 § 5305)

Prior revisions: 1929 § 4899; 1919 § 10110; 1909 § 3304

The county commission of any county of this state or the
municipal authorities of any incorporated city or town, which now has a
population of fifty thousand inhabitants or more and adjoining a city
which now has or may hereafter have a population of three hundred
thousand inhabitants or more shall have the power and authority when
petitioned by a majority of the owners of the land representing more than
one-half of the frontage along any public road or street of this state,
upon which is now constructed or may hereafter be constructed more than
two street railroad tracks, stating in said petition that said public
road or street has more than two tracks constructed thereon, and the same
is rendered impracticable by reason thereof, the commission may compel
said railroad company or companies, or any of said companies, to take up
and remove its said track or tracks so as not to leave more than two
tracks on said road or street, first giving said railroad company or
companies ten days' notice for the time of filing said petition. (RSMo
1939 § 5306)

Prior revisions: 1929 § 4900; 1919 § 10111; 1909 § 3305

Any street railroad company which is or may be hereafter
authorized by the county commission or the municipal authorities of any
incorporated city or town, to operate a line of street railroad cars
along, across or upon any of the public roads or streets, along, across
or upon which public roads or streets any other street railroad company
owns a street railroad, may be compelled by said county commission or the
municipal authorities of any incorporated city or town to permit and
authorize said company whose tracks have been ordered removed to operate
and run its cars over the tracks of said other company upon the payment
of just compensation to said other company, to be ascertained under the
rules and regulations herein prescribed. (RSMo 1939 § 5307)

Prior revisions: 1929 § 4901; 1919 § 10112; 1909 § 3306

1. When any street railroad company shall be desirous of using
the tracks of any other street railroad company, or shall have been
ordered by the county commission or the municipal authorities of any city
or town to remove any of its tracks from any public road or street, and
shall have been authorized by the county commission or municipal
authorities to operate and run its cars over the tracks of any other
street railroad company upon the payment of just compensation, and an
agreement cannot be had between such companies as to the compensation to
be paid therefor by the company so desiring or authorized to run its cars
over the tracks of such other company, the company desiring to use the
track shall make written application to that effect to the county
commission or the municipal authorities, accompanied by plans and
specifications showing the extent of the track to be used, first giving
ten days' notice to the railroad company whose tracks are to be used, of
the time and purport of such application.

2. Upon filing of the same with the county commission, or the municipal
authorities of any incorporated city or town, with evidence of notice,
the county commission, or the mayor of any incorporated city or town,
shall give notice to each of the companies to report to the commission,
or to the mayor of such city or town, in writing, within ten days
thereafter, the name and address of one disinterested resident of the
county to act as its chosen track compensation commissioner.

3. Upon the expiration of the ten days, the county commission, or the
mayor of any incorporated city or town, shall appoint a third
disinterested resident of the county to act as a track compensation
commissioner, and shall also appoint one such resident of the county to
represent either of such companies which shall have refused or neglected
to appoint a track compensation commissioner within the time prescribed
in this section.

4. Thereupon the county commission or the mayor, if in the corporate
limits of any city or town, shall give notice to the track compensation
commissioners so appointed of their appointment, and shall turn over to
them all papers in the possession of the county commission or in the
possession of the municipal authorities, relating to the matter in
controversy, and in case of vacancy in such board of track compensation
commissioners, caused by death or refusal to serve of any of the
commissioners, or for any other cause whatever, the county commission or
mayor shall appoint a track compensation commissioner to fill such
vacancy. When appointed, the commissioners shall proceed to determine the
compensation to be paid and the time and manner of its payment. (RSMo
1939 § 5308, A.L. 1986 H.B. 1554 Revision, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 4902; 1919 § 10113; 1909 § 3307

Upon the reception of said report of the track compensation
commissioners by the county commission, or the clerk thereof in vacation,
or the mayor of any city or town, the same shall be filed, together with
all papers pertaining to the proceedings, and the clerk of the county
commission, or the mayor of any city or town, shall immediately notify
the parties of the decision of the track compensation commissioners, and
thereupon and on payment by the company making the application, together
with all costs and expenses of the track compensation commissioners, and
upon the filing with the county commission, or the mayor of any city or
town, a good and sufficient bond, to be approved by the county
commission, or the mayor of any such city or town, conditioned for the
payment to the company whose track or tracks are to be used, of such
additional compensation as may be ordered to be paid by the county
commission or the municipal authorities of any city or town, or by the
circuit court, on any proceedings therein, then said company shall be
entitled without further delay to enter upon and run its cars over the
track or part of track mentioned and described in the report of such
commissioners. (RSMo 1939 § 5309, A.L. 1986 H.B. 1554 Revision)

Prior revisions: 1929 § 4903; 1919 § 10114; 1909 § 3308

Upon the filing of such report of the track compensation
commissioners, the clerk of the county commission, or the mayor of any
city or town, shall notify both parties to the controversy of the filing
thereof, and either party to such controversy may, at any time within ten
days after the service of such notice as aforesaid, appeal to the circuit
court for a review of the report of the track compensation commissioners,
by filing with the clerk of the county commission, or the mayor of any
such incorporated city or town, written exceptions to said report and
serving a copy of said exceptions upon the opposite party, together with
notice of the time of filing the same, and the court may thereupon make
such orders therein as right and justice may require, and may order a new
appraisement in the manner herein prescribed, upon good cause shown; but
notwithstanding such appeal, the company may operate its cars over such
track or parts of the track as the report of the track compensation
commissioners may designate, and any subsequent proceedings shall affect
only the amount of compensation to be paid and the manner and time of
payment. (RSMo 1939 § 5310, A.L. 1986 H.B. 1554 Revision)

Prior revisions: 1929 § 4904; 1919 § 10115; 1909 § 3309

1. The company using the tracks, or parts of the track of
another company, under the provisions of sections 391.140 to 391.180,
shall run its cars while on said track at the same rate of speed as the
cars of the company owning said track, and shall construct and keep its
connections with the track of the company so as not to delay or interfere
with the cars of the company owning the track. Any company using the
track of another company, in whole or in part, shall charge no more than
one fare over its whole line.

2. Any company required under the provisions of sections 391.140 to
391.180, to take up and remove its said track or tracks shall repair the
road or street in as good condition as before the taking up of said
track, and with the same material and under the supervision of the
commissioner of roads and bridges. (RSMo 1939 § 5311)

Prior revisions: 1929 § 4905; 1919 § 10116; 1909 § 3310

All street railway companies or corporations operating cars by
electricity, or by overhead wires, shall construct and maintain its wires
at a height of not less than twenty-two feet above the top of the rail of
the railroad track crossed by such street railway company, and the wires
of such street railway company shall be guarded, or provided with fenders
or guard wires, so as to prevent the same from coming in contact with the
cars, track or telegraph line along the track of such railroad company.
(RSMo 1939 § 5301)

Prior revisions: 1929 § 4895; 1919 § 10106; 1909 § 3302

It shall be the duty of every street railway company or
corporation operating a street railway across the tracks of a railroad
company to bring its cars to a full stop at least ten and not more than
twenty feet before reaching the tracks of the railroad company. And it
shall be the duty of the conductor, or some other employee of the street
railway company, to go forward to the tracks of such railroad company for
the purpose of ascertaining whether a train is approaching such crossing.
(RSMo 1939 § 5302)

Prior revisions: 1929 § 4896; 1919 § 10107; 1909 § 3303

It shall be the duty of every corporation, company, individual,
association of persons, their trustees, lessees or receivers, that now or
hereafter may own, control, operate or manage any street or electrical
railway in any part of this state, to furnish, for the convenience,
health and comfort of the conductor and motorman and the person or
persons operating, controlling and in charge of any and all its cars, one
stool or seat for each and every such conductor, motorman or person so
operating, controlling or in charge of any of its cars, and allow each
and every such motorman, conductor, or person operating, controlling or
in charge of each, any and all its said cars to use and occupy said stool
or seat for a portion of each and every trip any such car may take for a
distance of not less than twenty-five percent of the full length of all
the track or tracks traversed by said car. (RSMo 1939 § 5303)

Prior revisions: 1929 § 4897; 1919 § 10108

It shall be the duty of every corporation, or company that now
or hereafter may own, control, operate or manage any electrical railway
in any part of this state, to furnish a heater in the front vestibule of
the car for the convenience, health and comfort of the conductor and
motorman operating, controlling and in charge of any and all its cars.
This section shall not extend to electrical railways operated in cities
having one hundred and fifty thousand or more inhabitants. (RSMo 1939 §
5304)

Prior revisions: 1929 § 4898; 1919 § 10109

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