sion and requiring all grain sold, delivered or stored in Superior to be subject to weights and grades fixed by such Commission, is an attempt to force Wisconsin standards on interstate commerce, and hence void.- Globe Elev. Co. v. Andrew, 144 Fed. 871.

It is not within the province of the Interstate Commerce Commission to prescribe the method carriers shall adopt in imposing icing charges, so long as the price charged the shipper is fair.- Matter of Charges for Transportation of Fruit, 11 Inters. Com. R. 129.

The Interstate Commerce Commission is authorized by the Interstate Commerce Act to order carriers to cease and desist from subjecting any particular person, locality or description of traffic to undue prejudice or disadvantage, and its jurisdiction extends to a case of alleged unlawful prejudice to shippers of outward bound package freight, through enforcement by carriers of a regulation providing for the earlier closing of depots used for the reception of such freight.Cincinnati Chamber of Com. v. B. & O. S. W. R. Co., 10 Inters. Com. R. 378.

The power to prohibit an unlawful practice necessarily involves the power to determine and declare its unlawfulness.- Pennsylvania Millers' Assn. v. Phila. & R. R. Co., 8 Inters. Com. R. 531.

The Interstate Commerce Commission has no jurisdiction to require railroads to make arrangements permitting commercial travelers to carry without additional charge an extra allowance of baggage, in return for a degree of exemption from liability.- Traders' & T. Union v. Phila., etc., R. Co., 1 Inters. Com. R. 18, 1 I. C. C. R. 8.

If one railroad refuses to receive freight and cars from a connecting road, the latter is not confined to the railroad commission for redress. It may ask the courts to order an interchange, and if such an order is made and the two railroads cannot agree on the terms thereof, these may then, on application, be fixed by the railroad commission.- Hudson Valley R. Co. v. Boston & M. R. Co., 45 Misc. (N. Y.) 520, 92 N. Y. Supp. 928; affd. 106 App. Div. (N. Y.) 375, 94 N. Y. Supp. 545.

The legislature may impose upon a railroad the duty to furnish drinking water to passengers.- Southern R. Co. v. State, 125 Ga. 287, 54 S. E. 160.

A grant of power to a city to fix the rates to be charged by street railroads must necessarily include the power to regulate the transferring of passengers from one line to another owned by the same company. Chicago U. Traction Co. v. City of Chicago, 199 Ill. 484, 65 N. E. 451.

Since (a) the state may regulate rates; (b) the rate must be reasonable; (c) it must afford the carrier compensation over and above operating expenses, it is absurd to withhold from the state large control over

the method of operating, and consequent expenses.- State v. Minneapolis & St. L. R. Co., 80 Minn. 191, 83 N. W. 60; affd. 186 U. S. 257, 22 Sup. Ct. R. (U. S.) 900.

Interchange of cars with connecting roads is the common and almost universal practice of railroad companies, the ordinary and usual way of doing business. The legislature may compel a carrier to do business in the ordinary and usual way, and therefore compel such interchange of cars as incidental to the business for which the company was chartered.- Jacobson v. Wisconsin, M. & P. R. Co., 71 Minn. 514, 74 N. W. 893; Burlington, C. R. & N. R. Co. v. Dey, 82 Iowa, 312, 48 N. W. 98, 12 L. R. A. 436n.

The North Carolina Corporation Commission may reduce the minimum number of tons which shall be accepted by railroads as a carload. -Corporation Commission v. Seaboard Air L. R. Co., 127 N. C. 283, 37 S. E. 266.

The Interstate Commerce Commission, under its power to prevent discriminations, has power to prevent abuses from the issuance of embargo notices.- Rogers v. Phila. & R. R. Co., 12 Inters. Com. R. 352.

Issuance of transfers by street railroads,-see ante, § 26, notes [58]-[72].

An act of the Michigan legislature requiring railroads to sell 1,000 mile books to passenger transportation is unconstitutional, because it discriminates between persons buying tickets, and because it interferes with the right of the carrier to run its business, thus taking its property without due process of law.- Lake Shore & M. S. R. Co. v. Smith, 173 U. S. 684, 19 Sup. Ct. R. (U. S.) 565, revg. s. c. 114 Mich. 460, 72 N. W. 328.

The Interstate Commerce Commission has no power, ordinarily, to compel carriers to issue mileage, excursion or commutation tickets.— Sprigg v. B. & O. R. Co., 8 Inters. Com. R. 443.

An act requiring railroads to issue mileage books is constitutional. - Dillon v. Erie R. Co., 19 Misc. (N. Y.) 116, 43 N. Y. Supp. 320. A statute of Massachusetts which provides that all railroads shall issue mileage books for travel within the state but permits the railroad commission to excuse railroads where public welfare or the financial condition of the road justify, is not objectionable on the ground that certain railroads may be exempted from the necessity of issuing mileage books, since the legislature can, if it sees fit, establish rates for each railroad separately, as different railroads may reasonably re

quire different rates.- Attorney-General v. Old Colony R. Co., 160 Mass. 62, 35 N. E. 252, 22 L. R. A. 112.

A Virginia statute requiring all railroads operating within the state to keep on sale at all times mileage books of 500 miles and over at a charge of not more than 2 cents a mile, is unconstitutional as depriving railroads of property without due process of law.- Commonwealth v. Atlantic C. L. R. Co., 106 Va. 61, 55 S. E. 572.

Mandamus to compel stopping of trains,- see post, § 57, note [13]. A railroad commission, if a carrier does not otherwise furnish proper and adequate accommodations to a particular locality, may compel the stoppage thereat of state and interstate trains. In the absence of congressional legislation as to such stoppage of interstate trains, there is no illegal or improper interference with interstate commerce in such stoppage, unless the company was already furnishing all such proper and reasonable accommodation to the locality as may fairly be demanded.― Mississippi R. R. Commission v. Ill. Cent. R. Co., 203 U. S. 335, 27 Sup. Ct. R. (U. S.) 90.

An Ohio statute, requiring stoppage of all passenger trains, including interstate trains, at places having more than 3,000 inhabitants, is not an unconstitutional interference with interstate commerce, but a reasonable exercise of the police power of the state in the interests of the convenience and adequacy of the facilities afforded the public.— Lake Shore & M. S. R. Co. v. Ohio, 173 U. S. 285, 19 Sup. Ct. R. (U. S.) 465, affg. s. c. 8 Oh. C. C. 220.

An order of the Railroad Commissioners of South Carolina requiring a railroad to stop, if flagged, two fast trains engaged in carrying interstate passengers, at a station where accommodations would otherwise be inadequate, is not a burden on interstate commerce.- Railroad Comrs. v. Atlantic C. L. R. Co., 74 S. C. 80, 54 S. E. 224.

Relief from ordinance regulating speed of trains,- see post, note [30].

When authorized so to do by the state legislature, a municipality may regulate the speed of trains within its limits, and this extends to interstate trains, in the absence of Congressional action on the subject. - Erb v. Morasch, 177 U. S. 584, 20 Sup. Ct. R. (U. S.) 819.

A city ordinance provided that it should be unlawful to run a train within the city at a rate exceeding ten miles per hour.- Held, that the ordinance was not void as placing unreasonable restrictions on interstate commerce.- Peterson v. State, Neb. 112 N. W. 306.

A municipal corporation has the unquestioned right to regulate the speed of cars operated within its streets.- Ashley v. Kanawha Valley Tr. Co., 60 W. Va. 306, 55 S. E. 1016.

Regulation of method of heating cars not a regulation of interstate

commerce,- see ante, § 25, note [16].

The Interstate Commerce Commission has several times decided that it possesses no authority to compel carriers, subject to its jurisdiction, to provide any particular kind of cars or other special equipment.— Rice v. Cincinnati, W. & B. Co., 3 Inters. Com. R. 841, 5 I. C. C. R. 193.

The Interstate Commerce Commission will investigate as to the fitness of cars used for transporting emigrants and compel the use of suitable cars.- Savery v. N. Y. C. & H. R. R. Co., 1 Inters. Com. R. 695, 2 Inters. Com. R. 210, 2 I. C. C. R. 338.

The Interstate Commerce Act does not empower the Commission to order the carrier to furnish any particular equipment of cars, or any cars at all. Scofield v. L. S. & M. S. R. Co., 1 Inters. Com. R. 593, 2 Inters. Com. R. 67, 2 I. C. C. R. 90.

A state statute compelling railroads to heat passenger cars by apparatus other than stoves, is a valid exercise of police power and applies to railroads engaged in interstate commerce.- - People v. N. Y. N. H. & H. R. Co., 55 Hun (N. Y.), 409, 8 N. Y. Supp. 672; affd. without opinion, 123 N. Y. 635, 25 N. E. 953.

An act of the Missouri legislature requiring railroads to furnish double-decked cars for the transportation of sheep is constitutional and reasonable.- Emerson v. St. L. & H. R. Co., 111 Mo. 161, 19 S. W. 1113.

Whether determination as to reasonableness of classifications is a legislative function,- see ante, § 4, note [18].

Supervision of commission over method of making classification,see ante, § 28, note [30].

Where railroads modify their official classification for shipments in certain territory, and it is found by the Interstate Commerce Commission that such modification brought about a general disturbance of the relations previously existing in that territory and created discriminations and preferences among manufacturers and shippers and between localities in such territory, the Commission acts within the powers conferred by the Interstate Commerce Act when it directs the carriers to cease and desist from further enforcing the classification operating such results.- Cincinnati, H. & D. R. Co. v. Interst. Com. Commission, 206 U. S. 142, 27 Sup. Ct. R. (U. S.) 648.

The Interstate Commerce Commission has power to order a change in classification.- Myer v. C. C. C. & St. L. R. Co., 9 Inters. Com. R. 78; Pyle v. T. & V. R. Co., 1 Inters. Com. R. 767, 1 I. C. C. R. 465. The Interstate Commerce Commission has power to correct classifications of freight, etc., to prevent their being used as a device for unjustly discriminating or otherwise violating the statute.- Coxe Bros. v. Lehigh V. R. Co., 2 Inters. Com. R. 195, 229, 3 Inters. Com. R. 460, 4 I. C. C. R. 535.

Extent of state and federal control over regulations as to employees, see ante, § 25, note [10].

Whether statutes requiring examination of engineers are a regulation of interstate commerce,- see ante, § 25, note [16]. Whether a regulation of employers' liability on interstate railroads

is a regulation of interstate commerce,- see ante, § 25, note [16]. A state may require locomotive engineers, etc., to be examined by a tribunal appointed for that purpose, as to their ability to distinguish color signals, etc.- Nashville, C. & St. L. R. Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. R. (U. S.) 28, affg. s. c. 83 Ala. 71, 3 So. 702.

An Alabama statute requiring the examination and licensing of all railway engineers is constitutional.- Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. R. (U. S.) 564, affg. s. c. 76 Ala. 69.

Power to regulate interstate commerce confers power to regulate for the safety and protection of employees engaged in such commerce. - Spain v. St. L. & S. F. R. Co., 151 Fed. 522.

[22]

Permitting limitation of liability.

Power to regulate limitation of carrier's liability,- see ante, § 38, note [12].

Authority to a corporation commission to make just and reasonable rates of freight gives no power to change the law and it is beyond the power of the commission to permit carriers to limit their liability for loss caused by negligence, to a certain fixed amount.- Everett v. Norfolk & S. R. Co., 138 N. C. 68, 50 S. E. 557.

Power of Commission to order changes in the form of schedules,see also, ante, § 28.

Power of Commission to permit changes in published schedules of rates on less than 30 days' notice,- see also, ante, § 29. Power of Commission as to matters to be included in tariff schedules, see ante, § 28, note [24].