may put such passenger off of the train; and for such refusal and putting off the train neither the manager, conductor nor railroad company shall be liable for damages in any court.

6. That any conductor or manager of any railroad, who shall fail or refuse to carry out the provisions of section 5 of this act, shall, upon conviction, be fined not less than fifty nor more than one hundred dollars for each offense.

§ 7. The provisions of this act shall not apply to employes of railroads, or persons employed as nurses, or officers in charge of prisoners.

Approved May 24, 1892,

RAILROAD REGULATIONS IN THE STATE.

The following is an abstract of the provisions of law in force in the several States and Territories on the subject of railroad regulations.

ALABAMA.

Charging more than just compensation for transportation and discriminating unjustly in transportation charges is declared to be extortion; penalties are provided for practice thereof, and damages awarded party aggrieved; proviso that special rates may be given to develop industrial enterprises.

Rates, both general and special, are required to be published, and rebates from published rates forbidden. Failure to publish rates, and either giving or accepting rebates is made a misdemeanor, punishable by fine; proviso that free transportation is not forbidden.

Board of three railroad commissioners are empowered to revise tariffs from time to time, and if too high or unjustly discriminative to notify companies of changes required, to approve tariffs when satisfactory, and to increase or reduce rates, as experience may show to be just. In all cases the nature of the service to be performed, the entire business of the road, and its earnings from all sources, must be considered by the Commissioners and the tariffs so adjusted as to allow a fair return on the value of the property.

Provides for interchange of traffic between connecting and intersecting lines, by requiring each company to carry over its road the passengers, freight or cars, of the other on reasonable terms and for reasonable compensation.

It shall be unlawful for two or more railroad companies or persons operating railroads in this State, to enter into agreement, directly or indirectly, for the division among themselves of the freight carrying business at any station, town, or city in this State, or into any pool arrangement of like nature or character the purpose or effect of which shall be to prevent free and fair competition among such companies or persons for such business, or to establish extortionate rates in favor of such com

panies or persons, in doing such business, or to operate in undue restraint of the trade or business at such station, town or city; and any such agreement, made by any convention, or association of freight agents, or commission of freight rates, or rate making committee outside of the State, but to be therein performed, in whole or in part, shall, as to such part thereof as is to be performed within the State, be also unlawful, but no agreement, rate or pool arrangement, made for the purpose of cheapening freight rates, or of extending additional facilities to the public generally, or to any station, town, or city in this State, which is not extortionate, or in undue restraint of the trade at any station, town or city in this State, shall be construed as coming within the meaning of this section; and any agreement, rate or pool arrangement, having the certified approval of the Railroad Commissioners, shall be deemed prima facie, lawful and just, in any proceeding before any court or officer of this State. (See the Constitution of Alabama and code of 1886).

The statutes of Alabama, contain no provision analogous to the long and short haul clause of the inter-state commerce act, none as to notices of advances and reductions in rates, and none as to false billings, classification, or weighing, or as to scalping.

ARKANSAS.

Charges are required to be reasonable and just. Equal rights to all in transportation over railroads are announced. Unjust discrimination in charges or facilities for transportation is forbidden. Rebates or drawbacks and preferences in furnishing cars and motive power are prohibited.

The companies are required to print and post schedules of charges and of changes therein five days before the taking effect thereof.

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persons and property transported over any railroad shall be delivered at any station, at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station, but excursion, immigration, and commutation tickets may be issued at special rates. nor shall any railroad charge or collect from a connecting railroad for transporting freight received from such connecting railroad to points on its line any greater rate of charge than such connecting road charges upon like freights originating at the point of junction to the same destination.

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That it shall be unlawful for any railroad in this State to make or enter into any contract, agreement or combination, directly or indirectly, with any other parallel or competing line of railroad for pooling of freight, or to pool the freight of the different railroads or lines by dividing between them the gross or net earnings of such railroads, or any part thereof, or by equalizing, evening up, or dividing the property or passengers carried by said railroads, and in any case of pooling of freight as aforesaid, each day of its continuance shall constitute a separate offense.

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The Governor, Secretary of State, and Auditor of Public Accounts constitute the Board of Railroad Commissioners, and may reduce rates when profits exceed a prescribed limit.

(See the Constitution of Arkansas and acts of 1887).

There are no provisions as to interchange of traffic, false classification, underbilling or scalping.

ARIZONA.

Every officer, agent or employe of a railroad company, who asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, is guilty of a misdemeanor.

(See Code of 1887, section 815.)

There are no other enactments regulative of railroad traffic.

CALIFORNIA.

Discrimination between places, persons and same classes of freight, is forbidden. Every company is required to receive and transport the passengers, tonnage and cars of other companies, without delay or discrimination.

Commission of three members is empowered to establish, alter and publish transportation charges, and to hear and determine complaints.

Companies are required to post for public inspection tariffs of charges fixed by the Commission.

No railroad company or other common carrier shall combine or make any contract with the owners of any vessel that leaves port or makes port in this State, or with any common carrier, by which combination or contract the earnings of one doing the carrying are to be shared by the other not doing the carrying. And whenever a railroad corporation shall, for the purpose of competing with any other common carrier, lower its rates for the transportation of passengers or freight from one point to another, such reduced rates shall not be again raised or increased from such standard without the consent of the Govermental authority, in which shall be vested the power to regulate fares and freights.

Persons and property transported over any railroad, or by any other transportation company or individual, shall be delivered at any station, landing or port, at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, port or landing. Excursion and commutation tickets may be issued at special rates.

(See the Constitution of California and acts of 1880).

There is no provision for giving notice of advances or reductions in rates, or concerning false billing, classification or scalping.

CONNECTICUT.

Has three Commissioners, whose duty relate chiefly to the physical condition of the roads.

Railroad companies are required to make convenient connections- to interchange traffic and cars with connecting and intersecting lines without discrimination or preference, and this duty is enforcible by commissioners.

No railroad company shall charge or receive for the transportation of freight to any station on its road a greater sum than is at the time charged or received for the transportation of the like kind and quantity of freight from the same original point of departure and under similar circumstances to a station at a greater distance on its road in the same direction. Two or more railroad companies, whose roads connect, shall not charge or receive for the transportation of freight to any station on the road of either of them a greater sum than is at the time charged or received for the transportation of the like kind and quantity of freight from the same original point of departure and under similar circumstances to a station at a greater distance on the road of either of them in the same direction. In the construction of this section the sum charged or received for the transportation of freight shall include all terminal charges; and the road of a company shall include all the road in use by it, whether owned or operated under a contract or a lease.

(See Revised Statutes of 1888.)

There is no general statute against unjust discrimination or undue preference, none as to publishing rates or giving notice of advances or reductions, and none as to false classification, scalping or pooling.

COLORADO.

Has one Commissioner, whose duties relate chiefly to the physical condition of the roads.

Declares equal rights to all in transportation over railroads, prohibits unjust discrimination in charges or facilities for transportation, and forbids preferences in furnishing cars or motive power. Same charges must be made for the same service in all cases, and rebates and drawbacks are prohibited, except that with the approval of the Commissioner special rates may be made for development of the resources of the State. Commissioner may make lower rates on car loads than on less quantities per ton, and still lower for lots of more than five car loads. Companies are forbidden to charge more than reasonable compensation and required to publish rates.