carriage within the state, was the pioneer act in this field of legislation, and fixed the policy and furnished the model for all similar acts since passed in the various other states.

The litigation with railroads which followed the establishment of the Illinois Commission and investing it with such broad discretionary power first fully demonstrated the public character of the business carried on and conducted by railroads, as distinguished from purely private business enterprises, and firmly establishes the principle of their liability to wholesome and reasonable regulation and control by the government in the conduct of their business and affairs, in the interest of the people at large, and the promotion of the general public welfare.

§ 3. The Interstate Commerce Commission Act of the federal government followed in 1887, providing a National Commission to supervise and regulate interstate railroads and commerce. This act has been bitterly fought by railroads, and others affected thereby, and its validity, as the exercise of the police powers of Congress under the provision of the federal constitution, has been fully and completely demonstrated in a large volume of litigation, which need not be cited here, because it is foreign to the scope of this manual.

This act of Congress was followed by the Arbitration Act of 1888, which was replaced by an act covering the same subjects passed in 1889; by the Sherman Anti-Trust Act in 1890; by the Oleomargarine and Dairy Products Act of 1890; by the Safety Appliances Act of 1893; by the Bureau of Corporations Act of 1903; by the Elkins Act of 1903; by the Rate Regulation Act of 1906; by the Employers' Liability Acts of 1906 and 1908; by the Pure Food and Drugs Act of 1906, and other similar statutes, showing unmistakably that in both the state and federal governments

the large degree of liberty and irresponsibility which has heretofore existed in all business and commerce in which the general public are interested, and which affects the general public welfare and health, have, since 1887, gradually but surely and effectually passed away under the constant tightening of the reins of government under the exercise of the police power of the state and the federal governments.

The general policy of all these and similar laws seems to be to maintain the contention that the right to "life, liberty and property," guaranteed by the constitution is not an absolute right, but one which is subject to a wise and wholesome regulation by the government in the interest and welfare of the whole people, from whom, under the genius of our government, all power emanates, and in whom all power not specifically delegated resides.

§ 4. Similar Governmental Policy Prevails in Other Countries touching the interest and general welfare of the people at large. But a discussion of this matter is foreign to the purpose of the present manual, which aims to be practical, not learned, and we need not do more than refer the reader to the Prussian Act of 1875, the Building Act of Saxony of 1900, the Housing and Workingmen's Act of the Grand Duchy of Hesse, passed in 1902, and other similar acts.

CHAPTER II.

CONSTITUTIONAL PROVISIONS.

5. Introductory.

§ 6.

§ 7.

§ 8.

§ 9. § 10.

Alabama Constitution-(a) Distribution of Powers of Government.

(b) Corporation Control-Railroads and Canals. California Constitution-(a) Distribution of Powers of Government.

(b) Corporation Control.

(c) Railroad Commission.

§ 11. Georgia Constitution-(a) Distribution of Powers of Government.

13. Illinois Constitution-(a) Distribution of Powers of Government.

§ 14.

§ 15.

§ 16.

§ 17.

§ 18.

(b) Corporation Control.

Iowa Constitution-(a) Distribution of Powers of Government. (b) Corporation Control.

Kansas Constitution-(a) Distribution of Powers of Government.

(b) Corporation Control.

§ 19. Louisiana Constitution-(a) Distribution of Powers of Government.

§ 22. Minnesota Constitution-(a) Distribution of Powers of Government.

§ 24. Mississippi Constitution-(a) Distribution of Powers of Gov

New York Constitution-(a) Distribution of Powers of Government.

(b) Corporation Control.

North Carolina Constitution-(a) Distribution of Powers of
Government.

(b) Corporation Control.

30. Oklahoma Constitution-(a) Distribution of Powers of Gov

§ 31.

§ 32.

ernment.

(b) Corporation Control-Railroad and Public Service Corporations.

(c) Corporation Commission.

§ 33. Oregon Constitution-(a) Distribution of Powers of Govern

ment.

35. Texas Constitution-(a) Distribution of Powers of Govern

§ 36.

§ 37.

ment.

(b) Corporation Control-(1) Railroads.

(2) Private Corporations.

38. Washington Constitution—(a) Distribution of Powers of Government.

§ 40. Wisconsin Constitution-(a) Distribution of Powers of Government.

§ 5. Introductory.—In this chapter there is given, for the convenience of reference by such as may desire it, the constitutional provisions of those states in which originated the volume of litigation and decisions growing out of the establishment of Railroad Commissions, and of Commissions with like powers and duties under another designation, for the purpose of rate regulation and control of common carriers and other public utilities,-which decisions are hereafter cited. These constitutional provisions given naturally fall under two heads, to wit:

(a) Distribution of Powers in the state government. This head is important, and has been drawn into consideration and discussion, in considering and determining the constitutionality of legislation establishing railroad and kindred commissions.1

(b) Provisions Providing for a Commission and rate and traffic regulation and control by the state legislature, or by a Commission or other body created by the legislature for that purpose. The absence of such a constitutional provision in no way affects the legality or constitutionality of legislation seeking to control these matters directly or through a Commission or other body created by the legislature for that purpose.2

1 See post, c. 3, § 64. 2 See post, c. 3, § 48.

§ 6. Alabama Constitution (a) Distribution of Powers of Government.-§ 42. The powers of the government of the state of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: That which are legislative, to one; those which are executive, to another; and those which are judicial, to another.

§ 43. The government of the state except in the instances in this constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative or judicial, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.3

§ 7. (b) Corporation Control - Railroads and Canals.-§ 242. All railroads and canals, not constructed and used exclusively for private purposes, shall be public highways, and all railroads and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railway between any points in this state, and connect at the state line with railroads of other states. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and each shall receive and transport the freight, passengers and cars, loaded or empty, of the others, without delay or discrimination.

§ 243. The power and authority of regulating railroad freight and passenger tariffs, the locating and building of passenger and freight depots, correcting

Ala. Const. 1901, art. III.