West Virginia Code on
Special Railroad Police

Chapter 61. Crimes And Their Punishment
Article 3.  Crimes Against Property

§61-3-41. Willful injury to railroad property; shooting or throwing missiles into passenger car; misconduct of passenger; employees conservators of the peace; special railroad policemen; penalties.

Any person who shall willfully and unlawfully injure, impair, weaken, destroy or misplace any building, bridge, rail, track, sidetrack, switch, rail bonds, spur track, work engine, machine, locomotive, handcar, depot, car, trestle, telegraph line, telegraph pole, telegraph wire, telegraph instrument, or any other instrument, machine, invention, or mechanical or electrical appliance whatever, which may be, or now is used by any company operating or using any railroad or traction line or system, or other line or work of internal improvement, in this state; or who shall obstruct any corporation which is the owner or lessee of any railroad or traction line or system, or other work of internal improvement, in this state, in the use of any such property, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one thousand dollars and imprisoned not exceeding six months. If the death of any person occur in consequence of any such unlawful act, the person or persons committing the same shall be guilty of murder and punished accordingly. Or if any person on a train, or locomotive, or passenger car, on any railroad or traction line or system, is maimed or disfigured by reason of any such unlawful act, the person convicted of causing the same shall be guilty of a felony, and shall be confined in the penitentiary not less than one nor more than twenty years.
      If any person shall shoot or throw stones, or other dangerous missiles at or into any passenger car, or other railroad or traction car used for carrying passengers or other persons, while any such passenger or other person is within the same, he shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than one nor more than ten years. And if any person, whether a passenger or not, shall, while on any passenger car or on any train of cars, behave in a riotous or disorderly manner, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five nor more than two hundred dollars, and may, in the discretion of the court, be confined in jail not less than one nor more than six months, and may be ejected from such car or train by the person or persons in charge thereof; and such force as is necessary for that purpose may be used by such person or persons in charge of such passenger car or train of cars, with such other persons as they may call to their aid.
      The conductor of every passenger car and flagmen and brakemen employed on such car, as well as the conductor of every train of railroad or traction cars, shall have all the powers of a conservator of the peace while in charge of such car or train.
      Any railroad company owning, or leasing and operating, or using any railroad or traction line or system lying wholly or partially within this state, whether such railroad be operated by steam or electric power, may apply to the governor to appoint such citizen or citizens of this state as such railroad company may designate, to act as special police officers for such railroad or traction company, with the consent of such citizen or citizens; and the governor may, upon such application, appoint and commission such person or persons, or so many of them as he may deem proper, as such special police officers. Every police officer so appointed shall appear before some person authorized to administer oaths and take and subscribe the oath prescribed in the fifth section of the fourth article of the constitution, and shall file such oath with the clerk of the county commission, or other tribunal in lieu thereof, of the county in which he shall reside. He shall also file certified copies of such oath in the office of the secretary of state, and in the office of the clerk of the county commission, or other tribunal established in lieu thereof, of each county through which such railroad or any portion thereof may extend. Every police officer appointed under the provisions of this section shall be a conservator of the peace within each county in which any part of such railroad may be situated, and in which such oath or a certified copy thereof shall have been filed with the clerk of the county commission or other tribunal established in lieu thereof; and, in addition thereto, he shall possess and may exercise all the powers and authority, and shall be entitled to all the rights, privileges and immunities within such counties, as are now or hereafter may be vested in or conferred upon a deputy sheriff of such county. Any appointment made by the governor under the provisions of this section may be revoked by him for good cause shown, and such police officers may be removed from office for official misconduct, incompetence, habitual drunkenness, neglect of duty or gross immorality, in the same manner in which regularly elected or appointed county officers may be removed from office. Whenever any such railroad company shall desire to dispense with the services of any such police officer, it may file a notice to that effect, under its corporate seal, attested by its secretary, in each of the several offices in which such oath or certified copy thereof shall have been filed; and, thereupon, the powers of such police officer shall cease and determine. Such police officers may wear such uniform and badge of authority, or either, as the railroad company, upon whose application they were appointed, may designate, and such railroad company shall pay them for all services rendered by them pursuant to such appointment.