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Icials of the inferior and defective code of the one unscrupulous manager.

In view of the great importance of commission legislation, it has been deemed desirable to give in greater detail the provisions governing them. Some provisions which are common to many laws, such as those relating to certain qualifications of commissioners and employment of secretaries, clerks, deputies, and experts by these commissions, will not be repeated in all the states. Likewise those clauses governing railway taxation and railway labor, and the duties of commissions with respect to these topics, will be omitted. Nor will repeated references be made to reports made by commissions to governors, auditors, and other officers and legislatures. It will be understood that the making of reports is one of the regular duties of commissions.

Summary of Commission Laws.1 Alabama. Three commissioners, holding office for four years, appointed by the governor with the advice and consent of the senate. Removable by the supreme court on impeachment, like other state officers. The commission may settle disagreements between connecting roads, with appeal to chancery court; exercise general supervisory power and make recommendations to railway companies and governor, to whom an annual report must be submitted. Railways shall furnish necessary information to com

1 See also F. C. Clark, State Railroad Commissions and how to make them effective.

mission. Commission to carry on correspondence with similar bodies in other states.

Arkansas. Three commissioners, elected by qualified voters, shall hold no federal offices; railways shall submit rate schedules; commission may make rates and approve schedules; no change in rates except on ten days' notice; they shall investigate and hear complaints; railway officers shall furnish information; facts as found by commission to be prima facie evidence; may employ experts; examine books of companies; shall determine cost of reconstruction, and, on petition, order connections and fix joint rates; report annually to

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Arizona. No commission.
California.

Three commissioners, elected by districts for four years; legislature may remove by two-thirds vote. "The board shall have power to issue writs of summons and of subpoena in like manner as courts of record." Commission hears complaints, and defendant companies shall appear within fifteen days; decisions and grounds upon which same are based to be given in writing; shall hold public session in San Francisco every month, and if necessary, at other places.

Colorado. No commission.

Connecticut. Three commissioners appointed by governor, with consent of senate, for four years; one to be a lawyer, another a civil engineer, and the third a business man: commission 1 Consult Constitution, Article XII, § 22.

inspects railways twice each year; publishes and posts important railway legislation; may order gates, flagmen, signals, and so on; subpoena witnesses; investigate accidents; recommend to railway companies in writing things conducive to public safety and interest. Appeal from decision of commission may be taken to superior

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Florida. - Three commissioners appointed by governor and senate for four years. The first commission was composed by law of one lawyer, one railway man, and one farmer; succeeding commissioners elected without reference to vocation. Commission has power to establish classifications, rates, and regulations which shall be just and reasonable; hearings must be given to persons and corporations; decisions of commission published at its discretion; commission may examine books, agents, etc.; non-compliance with laws subject railways to fines; commission may institute proceedings through attorney-general; railway officers making false reports fined heavily. The commission has judicial power-"that said railway commissioners are hereby vested with judicial powers to do or enforce or perform any function, duty, or power conferred upon them by this act, to the exercise of which judicial power is necessary." 1 Commission has also power to create rating or basing points: "Provided, That 1 Laws, 1899, no. 39, § 22.

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the said commissioners shall have the power to create rating or basing points at places where competing lines meet, or competition exists, and to of rates to and from such tain competition between rival lines and points, and may, in fixing the rate upon any commodity, take into consideration the competition between different localities or shipping points producing or shipping such commodities."1 Duty of commission to bring proper matters before Interstate Commerce Commission.

Georgia. Three commissioners appointed by governor and senate for six years—one a lawyer and one a railway man. Commission may make reasonable and just rates and regulations "for each of the corporations doing business in the state." They shall examine rates into and out of the state; may examine agents and officers under oath; compel evidence to be given; penalties are imposed for disobedience to the rules of the commission; commission appeal to Interstate Commerce Commission.2

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Illinois. Three commissioners appointed for two years by governor and senate; commission shall "visit each county" twice each year and examine railways and warehouses; may bring

1 Laws, 1899, no. 39, § 6.

2 Consult Georgia commission cases: 5 I. C. C. 324; 99 Fed. Rep. 52; 168 U. S. 144.

action in any county court for violations of law; attorney-general may compel compliance with orders of commission; commission in its report shall pay especial attention to the possibility of classifying railways in regard to rates and fares; may employ civil engineers.

Indiana. No commission.

Iowa.

Three commissioners elected for three years; commission has general supervision over railways, and shall investigate matters relating thereto; recommend changes, examine bridges semiannually, subpoena witness, administer oath, and enforce orders through district courts, but the same court may also issue injunctions if the orders of the commission seem unjust. (Marked similarity between this and the federal act regulating commerce.)

Kansas. — Kansas commission law recently declared unconstitutional, but as showing the trend of legislation, salient features of that law are here inserted. The law created a court of visitation composed of three members - one chief justice and two associates — elected for four years. This commission had power to compel adherence to impartial and reasonable train service; require the construction of depots, switches, and other facilities; regulate intersections and joint operation of roads; prescribe the movement of trains and necessary measures of safety for passengers and employees; require uniform appliances; hear and decide cases relating to freight rates, switching

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