Summary of commission laws.-Alabama.-Three commissioners, holding office for 4 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 commissions. 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 10 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 governor. Arizona.-No commission.

California. Three commissioners, elected by districts for 4 years; legislature may remove by two-thirds' vote (consult constitution, Article XII, section 22): "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 15 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.-One commissioner appointed by governor, with consent of senate, for 2 years. He shall inspect railways and make recommendations to them; has no power to change manner of operating roads; county commissioner or 25 citizens of a county may enter complaint before commissioner, who shall investigate rates and so on; but such complainants shall bear the expense of investigation; commissioner decides on appeal the ratio of cars which shall go to individual shippers; he may call and examine witnesses.

Connecticut. Three commissioners appointed by governor, with consent of senate, for 4 years; one to be a lawyer, another a civil engineer, and the third a business man; commission 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 court.

Delaware.-No commission.

Florida.-Three commissioners appointed by governor and senate for 4 years. The first commission was composed by law of 1 lawyer, 1 railway man, and 1 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." (Laws, 1899, number 39, section 22.) Commission has also power to create rating or basing points: “Provided That the said commissioners shall have the power to create rating or basing points at places where competing lines meet, or where water or other competition exists, and to break the continuity of rates to and from such points, so as to maintain 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." (Laws, 1899, No. 39, sec. 6.) Duty of commission to bring proper matters before Interstate Commerce Commission.

Georgia.-Three commissioners appointed by governor and senate for 6 yearsone 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 Insterstate Commerce Commission. (Consult Georgia commission cases: 5 I. C. C., 324; 99 Fed. Rep., 52; 168 U. S., 144.)

Idaho.-No commission.

Illinois. Three commissioners appointed for 2 years by governor and senate; commission shall "visit each county" twice each year and examine railways and warehouses; may bring action in any county court for violations of law; attorneygeneral 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 3 years; commission has general supervision over railways, and shall investigate matters relating thereto; recommend changes, examine bridges semiannually, subpoena witnesses, 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 3 members-1 chief justice and 2 associates-elected for 4 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 and demurrage charges, and to apportion such charges among connecting railways; regulate rates for carload and less than carload lots, including live stock; classify freight and restrict railways in the exercise of their powers to charter privileges, and compel obedience to railway law.

Kentucky. Three commissioners elected by districts for 4 years. No power to fix rates, but a law of 1899 requires commission to hear complaints of extortion and excessive rates" when complaints shall be måde to the railway commissioners accusing any railroad or corporation of charging, collecting, or receiving extortionate freight or passenger rates over its line or lines of railroads in the Commonwealth, or when said commission shall receive information or have reason to believe that such rate or rates are being charged, collected, or received, it shall be the duty of said commission to hear and determine the matter as speedily as possible." (Laws 1899, chapter 2.) In addition, commission gives notice, fixing time and place of hearing, whereupon rates may be agreed upon and put in operation on 10 days' notice. The commission shall also examine through rates and bring proper matters before the Interstate Commerce Commission. It may order improvements and, if its advice is not heeded, call the attention of the attorneygeneral and the legislature to those matters.

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Louisiana.-Three commissioners, elected for 6 years by districts, shall inspect railways; hear and determine complaints against classification of rates; compel attendance of witnesses. Sheriffs refusing to execute and enforce process or order of commission subject to penalty as in similar civil cases. It shall be lawful for the commission to fine and commit to the parish prison of the parish where the commission may be in session at that time any witness or other person adjudged to be in contempt of the authority of said commission, the same as in cases of contempt before the district courts of this State." Railways may appeal from decisions of commission to courts, pending which commission orders are suspended. Maine. Three commissioners for 3 years, appointed by the governor and council. Commission shall examine railways and rolling stock, and give certificate showing their condition to railway companies; may reduce speed on unsafe roads; settle disputes among connecting lines; order erection of stations; investigate accidents; make rulings as to crossings, which are final, unless appealed from within 14 days; compliance with orders may be compelled by court. Maryland.-No commission.

Massachusetts.-Three commissioners, appointed for 3 years by governor and council; commission to exercise supervision of railways; to see that laws are complied with; to inform corporations of necessary improvements, changes, etc.; to examine condition of roads on complaint of city or town authorities; to investigate causes of accidents; to be furnished with information as to condition, management, etc., of roads; to examine books, accounts, etc.; on request, to publish financial condition; summon witnesses; employ experts; approve by-laws of railway relief societies.

Michigan.-One commissioner, appointed by governor and senate for 2 years. Commissioner shall examine condition and management of railways; examine tracks; hear petitions for better railway facilities; subpoena witnesses; arbitrate on joint use of stations and terminal facilities; prescribe uniform systems of accounting; prescribe forms of signals and order automatic bells at crossings.

Minnesota. Three commissioners elected for 4 years. Commission to investigate rates, fares, and classifications; visit each county annually; hold sessions in any part of State; inquire into management of common carriers, and, at discretion of commission, these may be sued for noncompliance with orders; attorney-general ex officio attorney for commission; commission notifies carriers of petitions and complaints, and fixes rates either on complaint or on its own motion; subpœna witnesses; prescribe uniform systems of accounts; may require uniform gauges if thought necessary after examination.

Mississippi.-Three commissioners, elected for 4 years by districts. Commissioners may apply to courts of chancery to compel obedience to State laws, lawful orders, decisions, and determinations. "Every railroad ought to use the same classification of freight, and, as far as practicable, the railroad commission shall require them to do so, and to conform the classification to that in use in interstate commerce, when practicable." (Revised Statutes, 1892, section 4, 318.) Missouri. Three commissioners, elected for 6 years. Commissioners shall prosecute complaints involving unreasonable rates before Interstate Commerce Commission, subpoena witnesses, call for papers and books, and secure other evidence. Courtsmay revise orders of commission. Commission may classify freight and reduce rates; institute proceedings against railway companies; promote the consolidation of parallel lines, and prosecute companies for preventing competition between express companies. The commission also has power to establish connections between competing lines.

Montana.-No commission.

Nebraska.-Board of transportation composed of attorney-general, secretary of state, auditor, treasurer, and commissioner of public lands. The law prescribes classification of freight in full. The commission shall inquire into the management and business of railways for the protection of public interests; subpoena witnesses and invoke power of courts; courts may compel obedience by injunction, but railways have power to appeal to supreme court. Proceedings of commission accepted as prima facie evidence; commission shall report investigations in writing.

Nevada.-No commission.

New Hampshire.-Three commissioners, appointed by governor and council for 3 years. Commission has power to fix maximum rates; investigate accidents and complaints: administer oaths, summon witnesses, and compel them to testify; institute proceedings against railways for violation of law; examine railways annually; investigate accidents, and report to supreme court on necessity of new roads, bridges, or on the desirability of consolidations.

New Jersey.-No commission.

New Mexico.-No commission.

New York. Three commissioners, appointed for 5 years by governor and senate. Commission exercises general supervisory powers over railways. Attorney-general may prosecute railways for failure to comply with orders of commission; investigate accidents; make recommendations after hearing, for which the attendance of witnesses is compulsory; make rulings on grade crossings, from which rulings appeal may be taken within 60 days; no mortgages, except purchase mortgages, shall be issued without consent of the commission.

North Carolina.-Corporation commission, composed of 3 members elected for 6 years. Commission has general supervisory powers; may establish rates; prevent discriminations, rebates; call the attention of the Interstate Commerce Commission to proper cases; investigate books and papers; examine officers, and exercise powers and jurisdiction of a court of general jurisdiction on subjects embraced in the act; establish stations, and pass upon applications for discontinuing the same; investigate accidents; act as arbitrators between disagreeing companies. In fixing maximum rates the commission shall always consider the value of services performed and other factors entering into the composition of rates. The commission may make special rates, with a view of developing certain industries. (Compare Tennessee laws.)

North Dakota.-Three commissioners, elected for 2 years. Commission shall have general supervision; inquire into violations of law, neglect of duty, etc. Attorney-general ex officio counsel to enforce decrees of commission. Hearings shall be given on petitions, for which witnesses may be subpoenaed and oaths administered. Where railway companies cross on same grade commission may compel construction of Y's.

Ohio.-One commissioner, appointed for 2 years by governor and senate. Commissioner shall examine complaints; subpoena witnesses; call for books; enforce acts against railways having inexperienced employees, the act regulating height

of bridges, automatic couplers, limiting the hours of service of employees, fire extinguishers on train, and interlocking switches (interlocking switches are cumpulsory); investigate accidents.

Oregon.-No commission. Commission established in 1887, and in 1898 commission law, and with it practically all other railway legislation, was repealed. Pennsylvania.-Secretary of internal affairs, elected for 4 years, appoints a deputy, who supervises railways. The secretary of internal affairs shall supply the blanks for reports of railway companies, copies of which shall be sent to the governor and members of legislature; such reports filed in bureau of railroads. Special reports may be required. Bureau of railroads shall see that corporations act within legal limits, hear complaints, and, if well founded, instruct attorneygeneral to institute proceedings against offending companies.

Rhode Island.-One commissioner, appointed by governor for 3 years. Commissioner shall "personally examine into the proceedings of any railroad corporation," secure compliance with laws, investigate accidents, subpœna witnesses, approve or disapprove the abandonment of stations, order flagmen at crossings, and make orders in regard to grade crossings, from which an appeal may be taken. Commissioner shall report annually to the general assembly," so far as the public interest may require, with such suggestions and recommendations as he may deem necessary or expedient."

South Carolina.-Three commissioners, elected by general assembly for 6 years. Commission shall have supervision of all railways; investigate complaints, accidents, etc.; may require information concerning rates with connecting roads; may ask additional questions with respect to schedules, and make requests and give advice; investigate accidents. Jointly with railway companies commission may make special rates for the purpose of developing industries of the State. No new railway may be opened without examination and certification of commission. Railway company may appeal from decisions of commission to circuit

court.

South Dakota.—Three commissioners, elected at large for 6 years. Commission shall investigate complaints and furnish report of investigation to complainants; subpoena witnesses; examine books; fix schedules of maximum rates and classifications; establish joint rates on petition of disagreeing railway companies; exercise general supervision, and institute action to compel compliance with law.

Tennessee.-Three commissioners, elected for 6 years by grand divisions of the State. Commission shall supervise and fix rates, charges, and regulations of freight and passenger tariffs; correct abuses: prevent unjust discriminations and extortions. Commission may subpoena witnesses, examine books, and compel testimony to be given, but no railway employee, officer, etc., shall be subject to legal process on basis of his own testimony; investigate through rates and, in case of violations of law, report to the Interstate Commerce Commission; attorneygeneral conduct proceedings. Circuit, chancery, and justices' courts shall have jurisdiction of cases arising out of the act.

"Railway companies may make contracts with coal, mining, and manufacturing companies or persons for special rates of freight not to be controlled by this article" (Rev. Stat., 1896, sec. 3060). This section relates to long and short. hauls, and should be read in connection with section 10, chapter 24, laws of 1897, which provides that nothing in the act shall be construed to prevent railways from giving special rates to encourage infant manufacturing industries, and for the encouragement of any other new industry, or for the transportation of any perishable goods.

"That it shall be the duty of the railroad commissioners, by correspondence or otherwise, to confer with the railroad commissioners of other States and the Interstate Commerce Commission, and such persons from States which have no railroad commissions as the governors of such States may appoint, for the purpose of agreeing, if practicable, upon a draft of statutes to be submitted to the legislature of each State, which shall secure uniform control of railway transportation in the several States, and from one State into or through another State, as will best serve the interests of trade and commerce of the whole country.”

Texas.-Three commissioners, appointed by governor and senate, holding office for same period with governor. Commission shall adopt all necessary rates, charges, and regulations to govern and regulate railroad freight and passenger rates; to correct abuses and prevent unjust discriminations and extortion; may change rates and fix same for empty and loaded cars. Emergency freight rates established by law as amended in 1899: Said commission shall have power, when deemed by it necessary, to prevent interstate rate wars and injury

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to the business interests of the people or railroads of this State, or in case of any other emergency to be judged by the commission; and it shall be its duty to temporarily alter, amend, or suspend any existing freight rates, tariffs, schedules, orders, and circulars on any railroad, or part of railroad, in this State, and to fix freight rates where none exist."

"Whereas interstate cut freights from other States to Texas are frequently made and put in force on 3 days' notice to the Interstate Commerce Commission, to remain in force often for only 10 days at a time, suspending the regular rates for that time; and whereas these temporary cut rates are intended and actually do benefit only a favored few, who are notified in advance; and whereas such cut rates tend to demoralize traffic and create rate wars, to the great detriment of Texas railway companies and the public generally; and whereas under the law as it now exists emergency rates to meet such cuts and prevent such rate wars can not be put in force until 3 days' notice to the roads interested, an imperative public necessity and emergency exists for the suspension of the constitutional rule, requiring bills to be read on 3 several days, and this bill shall therefore take effect and be in force from and after its passage."

Utah.-No commission.

Vermont.-Three commissioners, appointed by the governor and senate for 2 years. Commission exercises general supervision; examines books and witnesses; may employ experts; make recommendations and apply to supreme court to compel compliance with its orders; inquire into lack of connections; recommend repairs, improvements, etc.; and, in general, see that the laws are complied with. So far as consistent with State laws commissions shall conform to the rules, etc., of the Interstate Commerce Commission.

Virginia.-One commissioner for 2 years, elected by general assembly. Commission shall inquire into and examine conditions of railways, and, in general, bring about obedience to law; on complaint of mayor, aldermen, councils, certain judges, commission shall investigate and report to the board of public works, composed of governor, auditor, and treasurer. Persons suffering from violation of law may seek relief in court of equity through commission. Commission shall report on actual working of the railway system in its relation to the business and prosperity of the State; make suggestions as to general railway policy; investigate accidents; and require railway companies to furnish information regarding the management and operation of roads.

Washington.-No commission.

West Virginia.-No commission.

Wisconsin.-One commissioner, elected for 2 years. Commissioner shall inquire into neglect of duty or violations of law; inspect railways, and ascertain their pecuniary conditions; notify railway companies of complaints, and give notice of hearing; subpoena witnesses; request attorney-general to prosecute in behalf of commission. Decisions of commissioner final unless appealed from within 20 days.

Wyoming.-No commission.