TWENTY-FIRST REPORT OF THE RAILROAD COMMISSION. OFFICE OF THE RAILROAD COMMISSION, To His Excellency, J. C. W. BECKHAM, Governor of Kentucky: In obedience to the law, we submit herewith the Twenty-first Annual Report of the Railroad Commission of Kentucky regarding its work for the past year, including information tabulated and condensed from the reports of the various railroad companies doing business in the State, together with such facts, suggestions and recommendations as seem to us appropriate. MILEAGE AND PHYSICAL CONDITION OF RAILROADS IN KENTUCKY. The present railroad mileage in Kentucky is 3,055.835 miles. The mileage reported for 1899 was 3,067.405 miles. This loss is caused by the abandonment of the Kentucky Northern Railroad, 9.00 miles; the deduction of the Indian Run Railway mileage of 4.50 miles, which is a mere mule tramway and should never have been included in the railroad mileage of the State; and on account of the Baltimore & Ohio Southwestern Railroad having sold a portion of its track to the Kentucky & Indiana Bridge Co., and this later being assessed by the local assessor, as are all similar bridge companies, the railroad commission does not include such mileage in its report of "Railroad Mileage," in the State. We are pleased to report that the physical condition of the railroads in the State is constantly improving, and that generally they are in good condition, such as to insure safety to the traveling public, and security for freight transported. It is especially gratifying to be able to report that there is not a mile of railroad in the State EARNINGS OF RAILROADS IN KENTUCKY. The earnings of. all railroads in Kentucky, for the year ending January 30, 1900, broke the record for all previous years; the total gross earnings were $23,887,917 and the total net earnings $7,953,015. This shows an increase over the previous year of $3,660,812 gross, and $1,756,203 net. ASSESSMENT OF RAILROAD PROPERTY. It is the duty of this board to assess for taxation the tangible property of all railroads in the State. This work has just been completed, and shows a total of $52,188,811, which we deem a fair and just valuation for this property; this work in detail will be found in the appendix. NEW AND PROPOSED LINES. Articles of incorporation were filed in this office June 12, 1900, incorporating the Cincinnati & Licking River Railroad Company, which proposes: "That the railroad to be built, or acquired, by said corporation is to extend from the Ohio river at or near the town of Wellsburg in Bracken county, Kentucky, connecting at said Wellsburg station with the Chesapeake & Ohio Railway, and extend thence in a southeasterly direction in and through Bracken, Mason, Robertson, Fleming, Rowan (or Bath) and Morgan counties to, or near, to the town of West Liberty, in Morgan county, Kentucky, making a distance of about one hundred (100) miles of main line, also all the necessary branches and spurs to the various coal and timber properties owned, or operated, by the company." The capital stock of this company is $200,000, $107,500 of which has been subscribed for. The Morehead & West Liberty Railroad Company filed articles of incorporation June 20, 1900. Its capital stock is $600,000, and the object of its incorporation is the construction, operation and maintenance of a standard gauge railroad from the town of Morehead, in Rowan county, Kentucky, to Pin Hook in Morgan county, Kentucky, a distance of 35 miles. The Shelbyville, Bloomfield & Ohio Railroad Company filed its articles of incorporation June 26, 1900. This corporation is composed principally of the stockholders of the old Northern Division of the Cumberland & Ohio Railroad Company, which latter company, after many years of litigation, was sold under foreclosure proceedings and purchased by the new company, which is now operating same. This road extends from Shelbyville, in Shelby county, Kentucky, to Bloomfield, in Nelson county, Kentucky, and its length is 26.30 miles. The capital stock of this new corporation is $10,000. The Kentucky & Indiana Bridge & Railroad Company filed articles of incorporation August 8, 1900. The object of this corporation is to acquire and operate the "Kentucky & Indiana Bridge," spanning the Ohio river from the city of Louisville, Ky., to the city of New Albany, Indiana; and also to operate a ferry and railroad. Amended articles of incorporation were filed by the Ohio & Kentucky Southern Railway Company August 21, 1900, increasing its capital stock to $300,000. The Louisville & Atlantic Railroad Company filed amended articles of incorporation June 25, 1900, changing its office and principal place of business to Versailles, Ky., and fixing its capital stock at $1,000,000. The Ohio Valley Electric Railway Company, by its articles of incorporation filed August 16, 1900, proposes to construct and operate an electric railway from a point at, or near, Huntington, West Virginia, thence by the most practical route through Catlettsburg and Ashland, Kentucky, to Ironton, Ohio. Its capital stock is $1,000,000. The Glasgow Railway Company filed articles of incorporation December 18, 1899, for the purpose of acquiring and operating the railroad from Glasgow to Glasgow Junction in Barren county, Kentucky. DEATHS AND ACCIDENTS. We regret to be compelled to report an increase in the numbe· of injuries and deaths from accident during the past year, both te employes and passengers. The total number of employes injured in the State during the year was 689. The total number killed was 44. The total number of passengers and persons other than employes injured was 168; the total number of same killed was 96. The following table shows in detail the accidents chargeable to INSPECTION OF RAILROAD PROPERTY. The commission did not make a full inspection of all the railroads in the State, as it had hoped to be able to do; it is, however, the purpose of the commission to divide this work up; each commissioner to take a certain territory, visit, inspect and familiarize himself with all railroad property, especially depots, freight and passenger, in order that the traveling and shipping public may be assured of ample accommodation for the comfort and security of passengers and property transported over the various lines of railroad within the State, and the better to enable the commission to fix a fair and just valuation upon such property. The railroads should be required to carry the commission without charge to the State; this is the law in nearly all the other States, and we renew our recommendation that such a law be enacted. It is peculiarly the duty of the railroad commission to see to it that the laws relating to railroads are faithfully executed and thus insure comfort and convenience to the traveling and shipping public; it is impossible for them to know whether the various railroads furnish suitable and comfortable passenger and freight depots at their several stations, without a personal inspection; and the railroads should not be permitted to charge for the transportation of the commission while engaged in such work. Indeed, it is to the interest of the railroads, as well as to the public, that every facility be granted to enable the commission to inspect, familiarize themselves with and know every phase of the transportation business; for both are, or should be, equally interested in an intelligent discharge of the duties of this office. REGULATION OF FREIGHT AND PASSENGER RATES. In this connection it may not be inappropriate to briefly review the effort upon the part of the State, through its railroad commission, to prevent the charging of extortionate, discriminating and preferential freight and passenger rates, and the rulings of the courts, both State and Federal, upon the subject up to this time. In 1894, upon the recommendation of the railroad commission, filed before the grand jury of Marion county, a number of indictments were returned against the L. & N. R. R. Co., charging that corporation with extortion (section 816 Kentucky Statutes); with unjust discrimination (section 817 Kentucky Statutes); with undue preference (sections 818 and 819 Kentucky Statutes). Also for a violation of section 820 Kentucky Statutes, and 218 of the Constitution, the latter known as the long and short haul section. The defendant was tried and convicted upon indictments found under each of the aforesaid sections; the judgments were superseded and an appeal prosecuted by the defendant in each case, and all were finally. determined by the Court of Appeals of Kentucky, and each and all of said statutes, except section 820 (Long and Short Haul) were held by that court to be unconstitutional. See opinions of the Court of Appeals of Kentucky, 35th S. W. Reporter, page 129, as to section 816 (Extortion); 46th S. W. Reporter, page 702, as to section 817 (Unjust Discrimination); 46th S. W. Reporter, page 700, as to section 818 (Undue Preference). See also 46th S. W. Reporter, page 707; 47 S. W. Rep, pages 210 and 598, and 51 S. W. Reporter, pages 164 and 1012, as to sections 820 of the Kentucky Statutes, and 218 of the Constitution of Kentucky (Long and Short Haul Section). The latter case is now under submission in the Supreme Court of the United States under an appeal by defendant. |