sustained serious losses, from which none of them have yet fully recovered. Roadbeds and tracks on these lines have been sufficiently, and in most instances very promptly, restored for continuance of traffic, but in many cases not entirely restored so as to be absolutely safe except for slow movements of trains. The work of fully restoring such roadbeds and track is now progressing with reasonable diligence.

We are now engaged in making our annual inspection of all the steam railroads in this State with the view of investigating as thoroughly as possible their physical condition. This work cannot be completed until too late to be embodied in this report. We will prepare special reports on each railroad as the result of this investigation and file them in our office.

On November 18, 1908, the Commission addressed the following letter to Vice-President and General Manager C. H. Ackert, of the Southern Railway Company, in reference to conditions on the Columbia-Greenville line of that road:

Mr. C. H. Ackert, General Manager, Southern Railway Company, Washington, D. C.

Dear Sir: I am directed to say this Commission deems it necessary to notify the Southern Railway Company that the passenger service now rendered between Columbia and Greenville on the Columbia & Greenville branch of the Southern Railway does not, in the opinion of the Commission, afford the accommodation which the public have a right to demand.

This failure to render proper service seems to be caused:
By a neglected roadbed and an inferior track.

2. By insufficient or inferior motive power for handling the passenger trains on this branch line. Engines usually employed for this service are constantly out of repair; they frequently break down on the run and at no time are in condition to make reasonable speed. Passenger trains are often held and passengers delayed here in Columbia waiting on engine undergoing repairs at the shop. The present schedules for these trains are too slow for the business done on the line. The time allowed between Columbia and Greenville, a distance of 145 miles, is six hours, and the fact that this slow schedule is often not made affords ground for apparently just complaint.

3. It is further alleged that this line between Columbia and Greenville is being seriously discriminated against by your manage

2-R. C.

ment, in that you are permitting other branch lines doing less business than the Columbia & Greenville road to render passenger service much superior to the services which the Columbia & Greenville branch is now permitted to render the public.

4. Complaints are also made that your company is failing to furnish sufficient number of coaches to properly accommodate the travel between Columbia and Greenville on the Columbia & Greenville road. It is the opinion of the Commission that not less than two coaches for white people should be furnished each of the passenger trains operated on the line herein referred to.

5. It is thought by the Commission that travel on this road is sufficient to require the services of a porter on each passenger train. Your company provides porters for only two of the four passenger trains in operation on this line.

With this brief statement we respectfully submit this matter for your attention and would ask that you advise the Commission by December 1, 1908, as to what you can promptly do toward improving the conditions herein complained of.

The Commission will be pleased, if so requested by you, to grant your company a hearing in this matter at an early date.

Respectfully,
B. L. CAUGHMAN,

Chairman.

To this letter Mr. Ackert replied promptly, entering a rather general denial as to the existence of the conditions complained of, and promising to investigate the matter. Nothing on this subject has been received from him since. The Commission, being engaged in its annual inspection, has been unable to hold the hearing contemplated in this case, but will do so at an early date.

TRESPASSING ON RIGHTS OF WAY.

The large number of persons killed and injured while on the roadbeds of the railroads in this State calls for legislative attention. In many towns and cities railroad rights of way are made common highways for pedestrians in order to save a few yards in travel. Live stock is permitted to roam and graze at large, even in States where the law requires them to be fenced in. If a cow invades a neighbor's turnip patch the owner of the turnip patch is recompensed for any loss or damage he may sustain. If such live stock trespasses upon a railroad track and wrecks a train, and thereby

kills one or many human beings, where is the remedy or the remuneration to the public?

The Railroad Commission of Indiana recently gave the following utterance on this subject:

"Our observations, reports of inspectors, and of the carriers, all show that the death roll of trespassers will continue to increase until the power of the law, backed by a strong pressure and sentiment, is directed against this fatal nuisance. The railroads are public highways, indeed, but not highways for footmen, for horse carriages, nor automobiles, nor any conveyance nor transportation except that provided by the carriers, whose charters from the State give them the sole right to operate these roads; and if the State exerts its supervisory power over its public highways as the most enlightened nations have always done, as to tolls to be charged, and especially as to the accommodation and safety of the public, is it not also obligatory in principle, and necessary in every day practice, that the State shall protect those whom it has invested with a portion of its own sovereignty in the operation of these public roads against trespassers of all kinds, whether on the tracks or on the cars?"

EXPRESS.

We submit with this report as complete a financial statement from the Southern Express Company (the only such company operating in this State) as seems obtainable at this time. This statement, as you will perceive, show net earnings on intrastate business in South Carolina for the fiscal year ending June 30, 1908, to be $4,645.04. These figures take no account of the intrastate business from and into South Carolina, and are therefore unsatisfactory. The service of the Southern Express Company, we are glad to say, has very much improved during the past year. This improved service is largely attributable to the constant efforts of this Commission.

TELEPHONE COMPANIES.

We have had some complaints as to telephone service and in every case made thorough investigations as to the cause of these complaints, with the result that no serious difficulty was met with in effecting a prompt and satisfactory adjustment. Your attention is directed to the reports of the various telephone companies and exchanges operating in South Carolina published elsewhere in this document.

TELEGRAPH COMPANIES.

There are only two telegraph companies operating in South Carolina, the Western Union Company and the Postal Company. The annual reports of these companies are herewith submitted.

RECOMMENDATIONS.

The Commission is directed by the Statutes of this State to include in its annual report such recommendations to the Legislature as may be deemed wise and proper. In this connection we would repeat the recommendations submitted by us to the last General Assembly in our Twenty-ninth Annual Report. In that report we recommended and would again urge, that legal counsel be provided for the South Carolina Railroad Commission; that an Inspector of Railroads be properly provided for; and that an annual appropriation be made to enable the Railroad Commission to properly represent the State in appeals for redress before the Interstate Commerce Commission. In order to secure an efficient Secretary for the Railroad Commission, whose many important duties require no ordinary talent and an immense amount of labor, we would urge your body to increase the present salary of this position from $1,350.00 to at least $1,800.00 per annum. This sum is necessary to secure and retain a competent and suitable man for the place.

Respectfully submitted,

B. L. CAUGHMAN,

Chairman.

JNO. H. EARLE,
J. M. SULLIVAN,

Commissioners.

T. B. LUMPKIN, Secretary.
Columbia, S. C., Jan. 1, 1909.

Rules and Regulations of the Railroad Commission of South Carolina Applying to Railroads.

MANNER OF FILING COMPLAINTS AND ANSWERS.

1. All complaints and applications for hearings before the Commission shall be in writing.

2. Such complaint or application shall contain a brief statement of facts and be signed by the complainants or applicants. Complaints may be sent at any time to the Chairman or Secretary of the Commission at Columbia, S. C., or delivered to any member of the Commission.

3. If such complaint or application contains matter which, in the judgment of the Commission, requires investigation, the Secretary shall file the same by placing his file mark thereon with the proper number, enter the same on the docket, and notify the parties in writing.

4. Where any complaint is made to the commission, and it shall appear that there are reasonable grounds for investigation, and such party complained of shall fail to satisfy said complaint as provided in Rule 3, a notice shall be issued to such party to appear before the Commission at the place and time named in the notice, to answer such complaint. All answers to complaints and petitions before the Commission shall be made in writing.

5. The party or parties to any complaint or application and party complained of may appear before the Commission in person or by counsel.

RULES APPLICABLE TO PASSENGER SERVICE.

Rule No. 6. All railroad companies or persons operating in South Carolina as common carriers shall be required to have printed in large type and kept posted in a conspicuous place in each waiting room at depots in South Carolina, from and after the first day of September, 1907, the following notice:

"NOTICE.

"All railroad companies are required, under the laws of South Carolina and the rules of the Railroad Commission, to bulletin trains when late, to furnish good, wholesome drinking water to passengers,