ABSTRACTS OF LAWS OF OTHER STATES CREATING RAILROAD COMMISSIONERS, SHOWING THEIR POWERS AND DUTIES.

Herewith will be found a synoptical statement of the laws of States relating to Railroad Commissioners.

Railroad Commissions exist in thirty-one States and Territories, the provisions of law relating to the general duties and powers of which are of the same general tenor. In some, however, the power of the Commissioners over the subject of rates of charges for transportation of persons and property is greater than in others.

ALABAMA.

The law provides for three Commissioners, whose duty it is to examine all the railroads in the State as often as they deem proper. They have access to any and all books and papers of any railroad company in the State, and they may make such recommendations in respect to repairs upon any railroad, and the adoption of such rules and regulations, as in their judgment will promote the public safety and interest. All tariffs must be submitted to them for examination, and if need be, revision, and they recommend such changes therein as they deem proper. The certificate of the Commissioners certifying their approval of a tariff of rates is made prima facie evidence that such rates are not extortionate.

Unjust discrimination, or the charge of more than a just compensation (the facts being determined by a jury), is pronounced extortion, for which damages may be recovered.

Special rates may be given for the purpose of assisting in the development of any industrial enterprise. Railroads whose net earnings otherwise would not amount to a fair and just return on their value, may charge rates which under other circumstances would be excessive.

CALIFORNIA.

The Commissioners are elected in this State, who derive their powers from the Constitution, which provides: "The Commissioners shall have the power, and it is their duty, to establish rates of charges for the transportation of passengers and freight; to examine the books, records, and papers of all transportation companies, and for this purpose they shall have power to issue subpoenas and all other necessary process; to hear and determine complaints against railroads and all other transportation companies; to send for persons and papers, to administer oaths, take testimony, and punish for contempt of their orders and processes in the same manner and to the same extent as Courts of record, and enforce their decisions and correct abuses through the medium of the Courts. They shall prescribe a uniform system of accounts to be kept by all such corporations and companies, and establish rates of fares and freights. Any railroad corporation or transportation company which shall fail or refuse to conform to such rates, or keep their accounts in accordance with the system prescribed by the Railroad Commissioners, shall be fined not exceeding twenty thousand dollars

for each offense. In all controversies, civil or criminal, the rates of fares and freights established by said Commission shall be deemed conclusively just and reasonable."

The law further provides, that "When jurisdiction is, by the Constitution, conferred on the Board of Railroad Commissioners, all the means necessary to carry it into effect is also conferred upon said Board; and when, in the exercise of jurisdiction within the purview of the authority conferred on said Board by the Constitution, the course of proceeding is not specifically pointed out, any suitable process or mode of proceeding may be adopted by the Board which may appear most conformable to the spirit of the Constitution."

Discrimination in charges and facilities of transportation between persons and places is forbidden.

The Commission is required to report annually to the Governor.

CONNECTICUT

Has, also, three Commissioners, whose powers extend to the following subject-matter: General supervision of railroads in the State. It examines the roads, equipments, and books at least twice a year. The Commission has the power to issue a certificate to the effect that a road is in a safe and suitable condition; until which time, and the giving of such certificate, no part of any railroad can be opened for public travel. The location of tracks, bridges, signals, etc., is subject to the approval of the Commissioners, and also the abandonment of stations, or the issuing of extra stock by any railroad company.

The railroad companies are required to make annual returns to the General Assembly. They have power to summon and examine witnesses under oath.

GEORGIA.

Three Commissioners are appointed in this State. The Commissioners are required to make for each railroad doing business in the State a schedule of just and reasonable rates, and to revise the same as often as may be necessary. They also have the power to investigate the books of the companies, and to make other examinations, for the purpose of ascertaining whether there have been any violations of the rules and regulations against unjust discriminations. All agreements between companies as to rates of transportation, or in respect to a division of earnings by competing roads, shall be submitted to the Commissioners for examination and approval, and any agreement not approved by them, or which provides for rates exceeding those fixed, is declared illegal and void. Penalties are provided against violations of the rules and orders of the Board, which are prosecuted by the Attorney-General. Freights which come from, or go beyond, the boundaries of the State, are excepted from the jurisdiction of the Commission.

ILLINOIS.

Three Commissioners are appointed in this State, whose duties require them to examine into the condition and management and all other matters pertaining to the operation of railroads and the business warehouses, and to prosecute any violation by them of State laws.

The railroads operating in the State are required to make annual returns of their business for the preceding year to the Board, in accordance with forms prescribed by the Legislature; also the manager of every public

warehouse in the State is required by law to submit to the Board, whenever required to do so, a written and sworn statement, showing the condition and management of his business.

The Commissioners were directed by the Act of May 2, 1873, to make for each of the railroads doing business in the State a schedule of reasonable maximum rates for the transportation of freights, passengers, and cars, which schedule should be taken in all Courts as prima facie evidence that the rates prescribed therein are not extortionate.

IOWA

Has three Commissioners, who are given general supervision over all railroads in the State operated by steam. They have the power to require, whenever in their judgment the public safety or convenience may show it to be necessary, any improvements or repairs upon any railroad. It is their duty to investigate all charges of extortion and unjust discrimination, and to order the correction of any abuse by parties operating railroads. They prescribe the forms in which railroad companies make their returns to them of their annual business, and the Commissioners report to the Legislature.

They have the power to stop the running of trains over any bridge deemed by them unsafe, if the company, after having been notified of its condition by the Board, neglects to repair it.

KANSAS

Has three Commissioners, who are intrusted with the general supervision of all railroads in the State operated by steam, and all other corporations doing business as common carriers.

It is made the duty of the Commissioners to examine, from time to time, the condition of each railroad in the State and its equipment, and to notify, in writing, the persons operating any such road of any repairs to its road, or any additions to or change of its station houses, or additions to its rolling stock, or any changes in its rates for transporting freight, or in the mode of operating its road and conducting its business, that they may deem desirable or necessary, in order to promote the security, convenience, and accommodation of the public.

They may also inquire into any neglect or failure of any such corporation to comply with the terms of its charter or the laws of the State, and take measures for the correction of the same.

They have the power to investigate charges, extortion, unjust or unreasonable charges, and unjust discrimination by any railroad company, and require the correction of any abuse of the kind; also to require, upon complaint made by the Mayor and Council of any city, or the Trustees of any township through which any part of a railroad may run, a modification of any freight rates deemed by them unreasonable or extortionate, and they have the power to decide what is a reasonable charge and rate, which decision establishes prima facie the reasonableness of such rate or charge. The Commissioners have the power to examine the books, papers, and documents of any railroad company, and to examine, under oath or otherwise, any of the officers, Directors, or employés of the same; to issue subpœnas, administer oaths, and punish for contempt of their orders and process.

All railroad companies are required to make annual reports to the Board in such forms as the latter shall prescribe, and the Board reports annually to the Governor.

MAINE.

The law provides for three Commissioners, whose duty it is to make annual examinations of railroad tracks, rolling stock, bridges, etc., of all railroads within the State, and to give a certificate of the condition of the road to the clerk of each company, which certificate is by him filed in the office of the Secretary of State before the first day of December.

They have the power to order, in writing, any railroad company to repair its road, and to reduce the speed of its trains until such repairs are made, and to prosecute any company failing to make them.

They also possess the power, upon complaint of any interested and responsible party that a railroad charges unreasonably high rates, after due notice and hearing, to revise and establish rates for a time not exceeding one year.

Also, in case of the failure of the managers of connecting lines to agree upon joint rates of transportation, the Commissioners may establish them. The Commissioners may, from time to time, call upon the managers for such information as they may require; and the Board makes an annual report to the Governor of their official doings, with such facts as they may deem of public interest.

MASSACHUSETTS

Has three Commissioners. They have general supervision over all railroads and street railways in the State, which they are required to examine as often as necessary to keep themselves informed as to their condition and the manner in which they are operated with reference to the public safety and convenience. They are also to see that the several corporations of the State comply with the terms of their charters and the laws of the Commonwealth, and in the case of the violation of either, to give notice to the corporation in fault, and if such neglect or violation continues after such notice, to report the same to the Attorney-General for such action as he may deem expedient.

It is made the duty of the Board, whenever it deems that repairs are necessary on any railroad, or that an addition to its rolling stock, or an addition to or change of its station or station houses, or a change in its rates of fares for transporting freight or passengers, or in the mode of operating its road and conducting its business, is reasonable and expedient in order to promote the security, convenience, and accommodation of the public, to inform the corporation of the improvements and changes it considers to be proper. The official action of the Board in respect to examining the condition and operation of any railroad may be invoked with like effect by the Mayor and Aldermen of a city or Selectmen of a town, upon complaint to the Board. The Board has the power to summon witnesses, take testimony, and administer oaths; also, to examine the books and accounts of all corporations operating railroads, and see that the same are kept upon a uniform system prescribed by the Board. They may also be required by a Director, or by any person owning one fifth part of the paid in capital stock of a railroad or street railway company, upon request in writing, to examine the books and financial condition of such corporation, and make the result of such examination public.

The Board may also fix the route of a railroad in a city or town when the city or town authorities can not agree with the Directors concerning it. No railroad can be open for public use until the Board has examined it and certified to its safe condition.

The Board makes an annual report of its doings to the Legislature,

including such facts and explanations as will disclose the actual workings of the system of railroad transportation in the State. They prescribe the forms of annual returns to be made by the railroad companies, and include statistics prepared from them in their report.

MICHIGAN.

The law provides for one Commissioner. It is his duty to examine into the condition and management of railroads, and their business within the State; to inspect the tracks, bridges, and other structures, and to require the same to be repaired whenever deemed necessary, and to this end he may wholly stop the running of trains over defective tracks and bridges.

Each railroad company is required to furnish him with a sworn statement of the condition of its affairs at the close of each calendar year, and such other information as he may demand. He calls upon them for monthly statements of their earnings, and prescribes a uniform system of accounts for use by all railroad companies doing business in the State.

The amount of tax due annually from each company is computed by him, and the amount certified to the Auditor-General.

He prosecutes companies violating the laws of the State, and makes an official report annually to the Legislature.

MINNESOTA

Has one Commissioner, whose duty it is to examine into any neglect or violation of the laws of the State by railroad companies doing business therein. Also, to examine and inspect the condition of each road, and the manner of its conduct and management with reference to the public safety and interest.

Unjust discrimination and extortionate charges are declared unlawful. The Commissioner has the power to examine any books, papers, or documents of any railroad corporation, or to interrogate any of its officers; to issue subpoenas, administer oaths, and examine witnesses. Railroad companies are required to make annual returns to him in such form as he may prescribe, and the Commissioner makes his annual report to the Governor, containing such facts and explanations as will disclose the actual workings of the system of railroad transportation in the State, and its relation to the general business and prosperity of its citizens, together with such suggestions and recommendations in respect thereto as may seem appropriate.

MISSOURI

Has three Commissioners, to whom the railroad companies doing business in the State transmit their annual reports. The Commissioners may classify certain freight, and, whenever in their judgment it can be equitably done, may reduce rates on any railroad or part thereof, either generally or in special classes. It is their duty to examine the condition of the several railroads of the State as often as they may deem it necessary, and whenever they have reasonable grounds to believe, whether complaint be made or not, that any of the tracks, bridges, or other structures of any railroads in the State are in a conditition which render any of them dangerous or unfit for the transportation of passengers over them with reasonable safety, to examine the same, and order the necessary repairs to be made thereon, and to direct the speed of trains until repairs are made. The Commissioners may wholly stop the running of trains over defective tracks, bridges,