Page images
PDF
EPUB

the legislature may fix rates which shall be subject to the revision of that body and posted. Whenever practicable, rules and regulations shall be printed on the ticket. In Michigan railway companies have power to regulate the time, manner, and compensation for their services, within the limits of maximum rates established by statute. The 1000-mile ticket law of 1891, requiring companies to sell such tickets at the rate of two cents per mile, and to redeem unused portions of the same, was declared unconstitutional in 1899. A recent statute regulates the relation of railways to bridge and tunnel companies and fixes the maximum rates for those companies. The commission may report upon the desirability of classifications of freight, as well as compare and fix proportional rates on milk. The Minnesota companies file schedules with the commission. Published schedules cannot be changed except on ten days' notice. A law of 1899 prevents railway companies from raising rates on grain, flax, lumber, coal, and live stock, except on sixty days' notice, unless permitted to do so by an order of the commission in writing. Railway companies are required to give ten days' notice when the revision of rates is under consideration in Mississippi. The commission may revise both individual and joint rates and approve classifications and rate schedules before the same are posted. The Missouri commission may make classifications and freight rates, and from time to time revise schedules of maximum rates. In Ne

braska the legislature prescribes maximum rates, from which companies may take an appeal to the supreme court. On order of the court the board of transportation may reduce and revise maximumrate schedules. No advance can be made without ten days' notice, although reductions are permitted without notice. Railways file schedules with the commission. A New Jersey law permits railway companies to charge what they may think reasonable, below a certain maximum established by law. Railways shall not charge more from way stations than between centres. The legislature of New York may fix maximum rates, reduce the same, and require companies to furnish necessary information to the commission. Penalties are imposed for charging excessive rates. The 1000-mileagebook law of 1895 was declared unconstitutional in 1900. The rates established by the corporation commission of North Carolina shall be considered prima facie reasonable, from which carriers may appeal to the courts. Rate schedules must be posted. In North Dakota railway companies are required to publish schedules of classification, and rates must be examined and revised by the commission. No advance can be made except on ten days' notice; reductions, without notice. Railway companies may appeal to the district courts from any order of the commission. Maximum rates on coal are especially prescribed. Under the laws of Ohio every company shall post its rates, and accept no less than the published rates except on ten days'

notice. Maximum rates are prescribed for both main and branch lines, charges being "evened up" by nickels. The Pennsylvania bureau of railways shall see to it that no more is charged than what is permitted by special charters or general laws under which the railway companies do business. Maximum rates have been commonly prescribed in charters and statutes of the state. A recent law of South Carolina compels railway companies to post schedules of rates. The latter shall be reasonable and just, and may be made by the commission. On complaint, the commission may also revise and fix rates on milk. The railway corporations of Tennessee are required to file schedules with the commission and to secure a certificate of privilege, with which the same shall be published. If railway companies fail to file such schedules, the commission may fix rates. In establishing rates the commission is required by law to take into consideration water competition. The Texas commission may make classifications, establish rates, and provide railway companies with schedules. These cannot go into effect except on twenty days' notice. Carriers may bring direct action to test the reasonableness of such rates. In Vermont railway companies may fix rates, subject to revision by the courts on petition of three or more freeholders. Railways more than fifty miles in length, wholly or partly in the state, shall sell 1000-mile books at not over two cents per mile, on penalty of from $500 to $1000. The laws of Virginia prescribe

maximum rates which, under present conditions, are clearly very much above what any railway company would think of charging, and prevents any statutory reduction as long as the net returns do not exceed fifteen per cent. Copies of rate schedules must be filed with the commission, and no changes are permitted except on ten days' notice for an advance and three days' notice for a reduction. It will be noticed that reductions cannot be made without giving previous notice. This is important. All other states not mentioned thus far have analogous laws on the subject of rates. Some of them do not provide as liberally as many of those which have been quoted, but all of them, in one way or another, cover the subject.

Access to Books.-In about one-half of the states legal provisions governing access to books of railway companies are not very stringent, and frequently do not go beyond the general statement that such books shall be open to officers, directors, and stockholders, or a certain number of them. Railway commissions or other state officers have no direct control over the records of companies.1

To illustrate the nature of legal provisions in the other group of states brief statements of laws governing access to books in them may here be

1 States falling into this group are Arizona Territory, Colorado, Delaware, Idaho, Indiana, Kentucky, Maryland, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, Ohio, Oregon, Pennsylvania, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

introduced. In Alabama the commission shall examine books and records of a railway company on application of one director or representatives of one-fiftieth of the capital stock or of one-fiftieth of the total indebtedness. The results of this examination may or may not be published, discretionary power lying with the commission. A committee of the general assembly may investigate the books of Connecticut companies. In Massachusetts the commission shall examine books and papers on request of one director or the holders of one-fiftieth of the stock and bonds of the company. The commission of South Carolina may at any time examine the books, or on written application of one director or of the holders of onefiftieth of the stock, bonds, etc., the commission shall make such examinations. In Texas the commission, a committee of the legislature, and three stockholders, and "any officer or agent of the state may examine books of railway companies." In states other than those mentioned commissions have access to books and records by law. These are Arkansas, California, Colorado, Florida, Georgia, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Missouri, New Jersey, North Dakota, North Carolina, Rhode Island, South Carolina, South Dakota, Texas, and Vermont.

[ocr errors]

Annual and Other Reports. Reference to the sections on charters, as well as early general laws, will recall the fact that annual reports were frequently called for under the private as well as

« PreviousContinue »