Section IX-33: Switches to mines, mills, elevators and industries.

  Any person, firm, or corporation owning or operating any coal,
lead, iron, or zinc mine, or any saw mill, grain elevator, or
other industry, whenever the Commission shall reasonably
determine that the amount of business is sufficient to justify
the same, near or within a reasonable distance of any track, may,
at the expense of such person, firm, or corporation, build and
keep in repair a switch leading from such railroad to such mine,
saw mill, elevator or other industry; such railroad company shall
be required to furnish the switch stand and frog and other
necessary material for making connection, with such side track or
spur under such reasonable terms, conditions and regulations as
the said Commission may prescribe, and shall make connection
therewith.  The party owning such mine, saw mill, elevator or
other industry shall pay the actual cost thereof.  If any
railroad company, after proper demand therefor is made, shall
refuse to furnish said material for making said connection and
put the same in place, or after the building of such switch,
shall fail or refuse to operate the same, such railroad company
failing and refusing for a reasonable time, shall forfeit and pay
to the party or corporation aggrieved, the sum of five hundred
dollars for each and every offense, to be recovered by civil
action in any court of competent jurisdiction; and every day of
such refusal on the part of the railroad company to operate such
switch as aforesaid, after such demand is made, shall be deemed a
separate offense.