and be recovered in any court of competent jurisdiction in the district in which the plaintiff resides.

Sec. 27. Every common carrier shall, whenever an accident attended by loss of human life shall occur within this State on its line of road or on its ground or in its yards, give immediate notice thereof to the Commission.

In the event of any such accident, the Commission, if it shall deem the public interests to require it, shall cause a suitable investigation to be made forthwith, and shall give reasonable notice thereof to the persons and common carriers primarily interested.

The expenses of such investigation shall be certified by a majority of the Commission and shall be audited and paid by the State in the same manner as other expenses are audited and paid.

The Commission shall be empowered to make and enforce such rules as, in their judgment, will tend to prevent accidents in the operation of the railroads of this State.

Sec. 28. If, in the judgment of the Commission, after a careful personal examination and investigation and after a hearing before the Commission, or the opportunity for such a hearing, the Commission shall find that repairs, improvements or increased facilities, in respect to road bed, trackage, rolling stock, stations and depots, yards, terminal facilities, switches, signals, or any other element of the service of any common carrier, shall be necessary and within the reasonable power of any common carrier to make, or adopt, for the promotion of the security of persons as to life and limb, or for the convenience and accommodation of the public in the shipping and handling of property, the Commission shall make such reasonable order requiring any common carrier to do any such thing deemed by the Commission to be proper in respect to such matters, within a reasonable time to be fixed by the Commission, as to them shall seem so necessary and so within such reasonable power of such common carrier; and the orders of the Commission in such respect shall be enforced by the proper writs and orders of courts of competent jurisdiction, the common carrier having the same right to an appeal upon such orders, and under the same conditions, as is prescribed in this act respecting appeals from orders of the Commission.

Sec. 29. In order to carry out the provisions of this act, there is hereby appropriated out of any money in the State Treasury not otherwise appropriated, for the incidental expenses and other necessary expenditures for said Commission, for the period from the first day of April, 1907, to the first day of April, 1909, the sum of six thousand dollars; and the Auditor of State is hereby authorized to draw a warrant or warrants for the same from time to time upon the request of said Commission.

Approved March 22nd, 1907."

CIRCULAR NO. 2.

June 15, 1908.

To the Public:

Dear Sir The State Railroad Commission is desirous of information concerning the relations between the railroads and express companies of Colorado and those depending upon them. It wants to advance the interests of each in the light of fairness to both and with due regard to the public service.

The Commission must rely upon the business interests of the State to assist in the work which the law imposes upon it and to fully advise it of existing conditions.

The Commission is established as the medium through which the differences between the railroads and express companies and the shippers may be equitably adjusted in as short time as possible and with small expense.

Enclosed find some questions which are being submitted to many others, in the hope that from the answers the greatest need of the people may be learned and the direction of the immediate work of the Commission ascertained. We beg you to return your answers at your earliest convenience and if you mark the same "confidential" they will be so treated. The Commission, however, will not consider that you are lodging any complaints under the law against the railroads by your answer, but will use them only for the purposes aforesaid. If you have any complaint to file against any transportation company it must be done under our rules.

Respectfully,

THE STATE RAILROAD COMMISSION.

F. J. CHAMBERLIN, President.

CIRCULAR NO. 3.

To All Transportation Lines in Colorado:

June 19th, 1908.

This Commission desires to secure a correct list of all officers of your company to whom circulars and communications should be properly addressed on the various matters under its jurisdiction. Will you kindly fill out and return the enclosed blank to this office at the earliest possible moment? If any additional departments are included in your management which should be named in this list, please add to blank. If you have any leased lines which have officers in certain departments to whom circulars and communications, affecting their departments, should be sent, please make up an additional list in the same form as attached blanks and send here also. When changes of officers are made from time to time, send notice here promptly.

Yours truly,

BULKELEY WELLS,

Secretary.

CIRCULAR NO. 4.

CAR SUPPLY.

September 3, 1908.

To All Transportation Lines in Colorado:

Section 22 of the Act creating the State Railroad Commission of Colorado reads, in part, as follows:

"Every common carrier operating any railroad shall, upon reasonable notice, supply suitable cars to any and all persons who may apply therefor for the transportation of any and all kinds of freight, with all reasonable dispatch

* -*

The Commission is in receipt of numerous communications and complaints relative to delays occasioned shippers in the past, through failure on the part of the railroads of this State to furnish cars promptly for the transportation of fruits, potatoes, grain and live stock. Shippers evidently anticipate similar delays in securing cars for the movement of shipments shortly to be made. The Commission, therefore, thinks it proper to urge upon the railroads the advisability of providing for this traffic, so far as possible in advance, that such causes for complaint on the part of the shippers may be avoided. The Commission recognizes that the railroads, in all probability, have these matters under consideration at this time of the year, but urges that special attention to the handling of such shipments be given, and suggests that reports from agents at points making such shipments, giving the probable volume of produce and live stock to be transported, will go far towards relieving the difficulties heretofore experienced.

BY ORDER OF THE COMMISSION,

BULKELEY WELLS,

Secretary.

CIRCULAR NO. 5.

October 15, 1908.

In the Matter of Modification of the Provisions of Section Six of the Act With Regard to Posting Tariffs at Stations. Under the authority conferred upon the Commission by section 7 of the act, to modify its requirements as to publishing, posting and filing of tariffs, the Commission issues the following order, in connection with which it must be understood that each carrier has the option of availing itself of this modification of the requirements of section 6 of the act or of complying literally with the terms of the act. If such modification is accepted by a carrier it must be understood that misuse of the privileges therein extended or frequent misquotation of rates on the part of its agents will result in cancellation of the privileges as to that carrier. It should also be understood that in so modifying the requirements of the act the Commission expects a continuation by carriers of the practice of furnishing tariffs to a reasonable extent to frequent shippers thereunder.

Every carrier subject to the provisions of the act to regulate commerce shall place in the hands and custody of its agent or other representative at every station, warehouse or office at which passengers or freight are received for transportation, and at which a station agent or a freight agent or a ticket agent is employed, all of the rate and fare schedules which contain rates and fares applying from that station or terminal, or other charges applicable at that station, including the schedules issued by that carrier or by its authorized agent and those in which it has concurred. Such agent or representative shall also be provided with all changes in, cancellations of, additions to, and reissues of such publications in ample time to thus give to the public, in every case, the required notice.

Such agent or representative shall be provided with facilities for keeping such file of schedules in ready-reference order, and be required to keep said files in complete and readily accessible form. He shall also be instructed and required to give any information contained, in such schedules, to lend assistance to seekers for information therefrom, and to accord inquirers