upon a shipper plus attorney fees. Commission hears complaint.1 California. - Railway commission given power to correct abuses. Railways obliged to transport for each other without delay, to grant right of intersection, etc.2 Florida. A law of 1899 prohibits railway companies from charging more than reasonable rates and from practising unjust discriminations. Illinois. Extortion and discriminations punished by heavy fines, amply provided for in the law. Michigan. -Discriminations of all kinds forbidden, and rates at non-competing points not to be greater than those at competitive points. Nebraska. Board of transportation shall investigate and prevent discriminations. Ohio. Railways shall not discriminate between each other, between way and through freights, between trunk and other railways. Roads shall furnish equal facilities and forward freight by lines specified by the shipper. The latter may enforce by injunction. South Dakota.- Unjust discriminations and preferences declared unlawful in two separate sections of the law. Discriminations as to goods, cars, railways, persons, etc., expressly prohibited. Texas. -Discriminations prohibited under former laws; but a law of 1899 punishes discriminations 1 Consult constitution, Article XIV, section 21. on part of railways against steamship lines in the interchange of traffic. The unusual punishment of not less than two and not more than five years in the penitentiary is inflicted by the law, but this shall not prevent railways from granting reduced rates to charitable and state institutions, to excursionists, fairs, railway officers, etc. Additional states which have legislated on discriminations are Arkansas, Colorado, Connecticut, Georgia, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Mississippi, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota, Pennsylvania, South Carolina, Utah, Vermont, and Wisconsin. In a few of these states the legal provisions simply assert the power of the commission to correct abuses, and in the hands of an energetic commission or other state officer this is probably sufficient successfully to combat the evils of discriminations. Rates: Publicity and Revision. This subject is closely connected with the powers and duties of railway commissions. Since, however, not all the states have commissions, and laws relating to the fixing, revising, and publishing of rates exist in some of these states, it is necessary to give separate treatment to this question. The intrinsic importance of the subject of rates warrants its being set off by itself for special treatment. Railway rates have long constituted the pivotal point upon which have turned the most complex as well as important railway problems, and it is no exag geration to say that all the other phases of the railway problem sink into relative insignificance in the presence of this predominant question. Only four states (Connecticut, Delaware, Oregon, and Rhode Island) have no laws regulating rates or providing for their revision and publicity. One of these states, Connecticut, passed laws of this kind at various times from 1853 to 1897. Since the latter date no laws have been on its statute books governing railway rates. In eight states the laws on this subject are less complete than in the great majority of the other states, providing in some instances for the posting of rates, fixing maximum rates, reserving to the legislature the power to alter them or to fix them on complaint, either directly or through an administrative officer.1 The maximum rates which are established in some instances are so high that they can scarcely be said to afford any regulation of rates; for instance, Nevada prescribes 10 cents as the maximum for passenger rates per mile, and 20 cents per ton-mile for freight, although no railway company need accept less than an aggregate charge of 35 cents for any service of transportation. Another illustration is found in Arkansas, where a law establishes 8 cents per mile on lines of 15 miles in length or less; lines 15 to 75 miles in length, 5 cents; over 75 miles; 3 cents. A company may charge 25 cents "for the carriage of 1 These States are Florida, Idaho, Indiana, Kentucky, Montana, New Hampshire, New Mexico, Vermont, and Wyoming. any passenger who may get on or off a train at other than the regular station." Coming now to those states which provide more specifically for the establishment and publicity of rates, it will be most convenient to associate such provisions with the considerable number of leading states having enacted them. In Alabama the railroad commissioners may revise or increase rates, always having due regard to the value of the service and other conditions of traffic. Having been approved by the commission, such rates, special as well as general, may be published. In Arkansas a legal form very common in earlier charters and laws is still in existence, limiting the power of the legislature to regulate rates and fares so as never to bring the net income on the capital stock of a railway below fifteen per cent per annum. The rates on lines fifty miles and less in length are fixed by law, but may be reduced by the commission, not, however, so as to bring the net income below ten per cent. The classes of freight and corresponding rates shall be posted five days before taking effect. Up to 1899 an Arkansas law was in effect exempting railways subject to competi. tion from that provision of the law providing for some days' notice; such roads were permitted to put posted rates into effect immediately. Under its constitution the state of California is empowered to regulate rates. The commission fixes reasonable rates, and the railway companies (under the constitution) are liable to a fine of $20,000 for over charges. The schedules adopted by the commission must be published by the companies, although the commission itself may publish them. The maximum rates prescribed in California are based on the graded mileage system. In Georgia railway companies may control rates on their respective lines, subject to the commission and laws of the state. Rate schedules shall be published by the commission in certain newspapers, and railway companies must post the same. Weighing of freight is done by sworn weighers. Publicity is compulsory under the laws of Illinois, and the general assembly directs the commission by law to make schedules. On the application of the mayor and council or trustees of a township, the commission shall examine rates under the laws of Iowa, and all rates established by the commission shall be considered just and reasonable until proven otherwise. Railway companies shall promptly post and file with the commission schedules of rates. Ten days' notice is required for an advance in rates, although no previous notice must be given for reductions. The Kansas commission law having been declared unconstitutional, the legal status of the question of rates is perhaps uncertain in that state. Formerly maximum rates were prescribed, and no rates could be increased without sixty days' notice. In Louisiana maximum rates are prescribed by the laws of 1890 and 1894. The commission adopts changes and regulates rates and governs the relations between main and branch lines. In Maine |