or new structure or structures, the Commission shall have authority, after further hearing, to make an order fixing the proportion of such cost or expense to be borne by each public utility and the manner in which the same shall be paid or secured."

§ 219. Power of Commission to Order Changes in Time Schedule and Running Additional Cars and Trains. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that any railroad corporation or street railroad corporation does not run a sufficient number of trains or cars, or possess or operate sufficient motive power, reasonably to accommodate the traffic, passenger or freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop the same at proper places, or does not run any train or trains, car or cars, upon a reasonable time schedule for the run, the Commission shall have power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power or to change the time for starting its trains or cars or to change the time schedule for the run of any train or car, or to change the stopping-place or places thereof, or to make any other order that the Commission may determine to be reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation.15

14 Ib.

15 Section 37, p. 37.

A railroad is under governmental control, though such control must be exercised with due regard to the constitutional guaranties for the protection of its property. Smyth v. Ames, 169 U. S. 466, 18 Sup. Ct. 418, 42 L. ed. 819; see Louisville & N. R. Co. v. Kentucky, 183 U. S. 503, 22 Sup. Ct. 95, 46 L. ed. 298; Railroad Connection Cases (North

§ 220. Track Connections.-Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that the public convenience and necessity would be subserved by having connections made between the tracks of any two or more railroad

Carolina Corporation Commission v. Atlantic Coast Line R. Co.), 137 N. C. 1, 49 S. E. 191, 115 Am. St. Rep. 636; Atlantic Coast Line v. North Carolina Corporate Commission, 206 U. S. 1, 27 Sup. Ct. 585, 51 L. ed. 933.

State regulation compelling passenger train service between the termini of a branch line within the state and the state line is a reasonable exercise of police power of the state and is not an infringement upon the right of ownership, and does not operate as a burden upon interstate commerce. Missouri Pac. R. Co. v. Kansas, 216 U. S. 262, 30 Sup. Ct. 330, 54 L. ed. 472.

See other authorities, Dig. U. S. Rep. (L. ed.), tit. "Carriers," III. A state Board of Railroad Commissioners may promulgate an order requiring carriers to operate separate passenger service within the state, in the exercise of police power to enforce local regulation necessary for the convenience, safety and comfort of the public; it is not invalid on the ground of an attempt to regulate interstate commerce, and it does not directly cast a burden upon such commerce. State ex rel. Taylor v. Missouri Pac. R. Co., 76 Kan. 467, 92 Pac. 606.

Order of Commission entered on finding that railroads should operate double daily service between given points within a state, and that said service should be so rendered as to make connections at junctions or points as nearly as possible, sustained. St. Louis & S. F. R. Co. v. Williams, 25 Okl. 662, 107 Pac. 428.

Order of a state Board of Railroad Commissioners requiring a corporation to operate separate passenger trains is not unreasonable on its face. State ex rel. Taylor v. No. Pac. R. Co., 76 Kan. 467, 92 Pac. 606.

As to right of Commission to require railroad to operate passenger trains separate from mixed trains for the accommodation of the public, see People v. St. L., A. & T. H. R. Co., 176 Ill. 512, 52 N. E. 292, 35 L. R. A. 656; State ex rel. Taylor v. No. Pac. R. Co., 76 Kan. 467, 492, 92 Pac. 606.

"Extent to which legislature shall extend its control and regulation of common carriers lies in the discretion of the legislature alone, except that it must, of course, be reasonable and just, and must not deprive the owners of a fair and reasonable rate upon their investment." State ex rel. Taylor v. Northern Pacific R. Co., 76 Kan. 467, 489, 92 Pac. 606. See State v. Johnson, 61 Kan. 803, 60 Pac. 1068, 49 L. R. A. 662.

Order of Railroad Commission requiring company to furnish additional facilities for the accommodation of the public will be enforced where necessary, notwithstanding the fact that it will occasion expense to

or street railroad corporations, so that cars may readily be transferred from one to the other, at any of the points hereinafter in this section specified, the Commission may order any two or more such corporations owning, controlling, operating or managing tracks of the same gauge to make physical connections at any and all crossings, and at all points where a railroad or street railroad shall begin or terminate or run near to any other railroad or street railroad.16

the company and even loss of profit. State ex rel. Taylor v. MissouriPac. R. Co., 76 Kan. 467, 501, 92 Pac. 606. See Atlantic Coast Line v. North Carolina Corporate Commission, 206 U. S. 1, 27 Sup. Ct. 581, 51 L. ed. 933; Wisconsin, M. & Pac. R. Co. v. Jacobson, 197 U. S. 287, 21 Sup. Ct. 115, 45 L. ed. 194.

Order of commissioners requiring carrier to operate separate passenger trains, held not to be unreasonable upon its face. State ex

rel. Taylor v. Missouri Pac. R. Co., 76 Kan. 467, 92 Pac. 606.

Separate compartments for white and black passengers, required by the state of Mississippi, when applied to that portion of an interstate road within the state, was held not to place a burden upon interstate commerce, although it requires the railroad company to go to the expense of providing separate accommodations for use within the state, which, when the same road crosses into another state, held not required. Louisville R. Co. v. Mississippi, 133 U. S. 587, 10 Sup. Ct. 348, 33 L. ed. 784.

As to carrying negro passengers in separate coaches, see chapter VII, footnote 3.

16 Section 38, p. 37.

Statutory provision requiring railroad companies to make such physical connection, transfers and switch facilities as may be ordered by the Corporation Commission, and empowering said Commission, on complaint on its own motion, to require such companies to make such physical connection and establish and maintain union depots, etc., as the public interest may require, is a valid exercise of legislative power. Mo. O. & G. R. Co. v. State (Okl.), 119 Pac. 117.

Under statute requiring railroad to make physical connection, etc., at such points as may be ordered by the Commission, an order of the Commission requiring the establishment of a union depot will be enforced, notwithstanding the added cost and actual delay in entering trains. Mo. O. & G. R. Co. v. State (Okl.), 119 Pac. 117.

The state regulation requiring all railroads, at all points of connecting, crossing or intersection with roads of other railroads, to establish and maintain suitable platforms and station-houses for the convenience of passengers desiring to transfer from one road to another, and for

§ 221. Cities and Towns.-After the necessary franchise or permit has been secured from the city and county, or city or town, the Commission may likewise order such physical connection, within such

the transfer of passengers, baggage or freight whenever the same shall be ordered by the Railroad Commission, and shall, when ordered by such Commission, keep such depot or passenger-house warmed, lighted and open a reasonable time before the arrival and until after the departure of all trains carrying passengers; and that said railroads shall stop all trains at such depots for the transfer of passengers, baggage and freight, when so ordered by the Commission, is in nowise a regulation of commerce within the meaning of the constitution. Wisconsin Co. v. Jacobson, 197 U. S. 287, 295, 21 Sup. Ct. 115, 118, 45 L. ed. 194; Southern Pac. Co. v. Campbell, 189 Fed. 696.

Constitution of Kentucky (section 213) requires all railroad companies organized under the laws of that state or doing a railway business therein to receive, transfer, deliver and switch empty or loaded cars, and to move, transport, receive, load or unload all the freight in carloads or less quantities coming to or going from any railroad, transfer or belt line, with equal promptness and dispatch and without any discrimination; and shall receive, deliver, transfer and transport all freight as above set forth from and to any point where there is a physical connection between the tracks of such railroad companies. This provision of the constitution came under consideration in the case of Central Stockyards Co. v. Louisville & N. R. Co., 118 Fed. 113, 55 C. C. A. 63, 63 L. R. A. 213.

In relation to the power of the state to compel a railroad company to transfer cars of livestock to a connecting road at a point of connection within the state where the shipment was received in another state and was rendered thereby interstate commerce, the supreme court passed over the constitutional question and disposed of the case on the ground that a railroad having its own stockyards in a city cannot be required to accept livestock from other states for delivery at the stockyards of another railroad company in the same city. Central Stockyards v. L. & N. R. Co., 192 U. S. 568, 24 Sup. Ct. 339, 48 L. ed. 565.

In a later case, however, the supreme court held that the Kentucky constitution as construed by the courts of that state (Louisville & N. R. Co. v. Central Stockyards Co., 133 Ky. 148, 97 S. W. 778), requir ing a delivery and transfer by a railroad company by its own cars, was a taking of property without due process of law, and therefore contrary to the Fourteenth Amendment of the national constitution. Louisville & N. R. Co. v. Stockyards Co., 212 U. S. 132, 29 Sup. Ct. 246, 53 L. ed. 44.

city and county, or city or town, between two or more railroads which enter the limits of the same.17

§ 222. Expense of Connections.-The Commission shall by order direct whether the expense of the connections referred to in this section shall be borne jointly or otherwise.18

§ 223. Switch and Spur Connections.-Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that application has been made by any corporation or person to a railroad corporation for a connection or spur as provided in section 25 of this act, and that the railroad corporation has refused to provide such connection or spur and that the applicant is entitled to have the same. provided for him under said section 25, the Commission shall make an order requiring the providing of such connection or spur and the maintenance and use of the same upon reasonable terms which the Commission shall have the power to prescribe.19

§ 224. Any Corporation or Person Entitled to Connect-Division of Primary Expense.-Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to connect with the private track, tracks or railroad thereby connected with the railroad of the railroad corporation and to use the same or to use the spur so provided upon payment to the party or parties incurring the primary expense of such private track, tracks or railroad, or the connection therewith or of such spur, of a reasonable proportion of the cost thereof to be determined by the Commission after notice to the interested parties and a hearing thereon; provided, that such con

17 Section 38, p. 38.

19 Section 39 (a), p. 38.