§ 76. Use of stoves or furnaces prohibited; exceptions. It shall not be lawful for any railroad corporation operating a steam railroad in this state of the length of fifty miles or more, excepting foreign railroad corporations incorporated without the jurisdiction of the United States running cars upon tracks in this state for a distance of less than thirty miles, to heat its passenger cars on other than mixed trains, excepting dining cars, by any stove or furnace kept inside the car or suspended therefrom, unless in case of accident or other emergency, when it may temporarily use such stove or furnace with necessary fuel; and in cars which have been equipped with apparatus to heat by steam, hot water or hot air from the locomotive or from a special car, the present stove may be retained to be used only when the car is standing still; and no stove or furnace shall be used in a dining car except for cooking purposes, and of pattern and kind to be approved by the commissioner of transportation; provided that passenger cars propelled by means of gasoline or oil engines may be heated in a manner to be approved by the commissioner of transportation. This section shall not be held to affect or interfere with the use by public authorities of this or other states, or of the United States, of stoves for heating or cooking or boilers for hatching operations in their fish car or cars. Any person or corporation violating any of the provisions of this section shall be liable to a penalty of one thousand dollars, and to the further penalty of one hundred dollars for each and every day during which such violation shall continue.