UC-NRLF 
 
 

 
 
STATE RAILROAD COpSSIONS- 
 
 TEN YEARS' WORKING OF THE MASSACHUSETTS 
 RAILROAD COMMISSION. 
 
 RAILROAD COMMISSION LAWS OF ALL THE 
 STATES THAT HAVE COMMISSIONS. 
 
 THE 
 
 THTIVEaSITY 
 
 PUMLISHED BY THE RAILROAD GAZETTE, 
 73 BROADWAY, NEW YORK, 
 
CONTENTS : 
 
 Page. 
 
 TEN YEARS' WORKING OF THE MASSACHUSETTS RAILROAD COMMISSION. 3 
 STATE RAILROAD COMMISSIONS, 31 
 
 LAWS OF THE VARIOUS STATES ESTABLISHING RAILROAD COMMISSIONS. 43 
 
UNIVERSITY 
 
 TEN YEARS' WORKING OF THE MASSACHUSETTS 
 RAILROAD COMMISSION. 
 
 BY WM. A CKAFTS. 
 
 The necessity for some governmental control and 
 regulation of railroads has within a few years led 
 many states of the Union to undertake that regula- 
 tion through " railroad commissions. '' In a few of 
 the states there had been for many years officers 
 with that title, but with very limited powers, chiefly 
 as to location or construction, which in other states 
 were exercised by local authorities, or not exercised 
 at all ; and their jurisdiction did not extend to the 
 operations of railroads, or the relations of the cor- 
 porations to the public. The immense extension of 
 railioads since the civil war, the vast amount of 
 business they do, their great importance in internal 
 commerce of the country, and their tremendous 
 power of aggregated wealth and monopoly have led 
 the people who are independent upon them to seek 
 some method of controlling them, compelling them 
 to perform their duties as common carriers, and pre- 
 venting extortion and unjust discrimination. Gen- 
 eral laws without some special officers to supervise 
 their observance were found to be inoperative, and 
 resort was had to commissions, with greater or less 
 powers, as a means of enforcing statute laws, secur- 
 ing a compliance with the common law, and main- 
 taining the rights of the public. 
 
 It is not the purpose of this article to discuss the 
 subject of railroad commissions in general, but it 
 
may be observed, in passing, that in those states 
 where they exist, while they may have corrected 
 some abuses, they have not succeeded in introducing 
 the millennium wherein the lion of " monopoly " shall 
 lie down with the lamb of "popular rights. " The 
 failure of such commissions to accomplish all that 
 might be accomplished may reasonably be attrib- 
 uted to some or all of the following causes : 
 
 < v ]) The non-reservation by the state of the power 
 to amend or repeal the charters, and to subject the 
 corporations to all subsequent general laws ; (2) the 
 creation of commissions mainly to enforce popular 
 prejudices shaped into crude and irrational laws, and 
 to "regulate" that branch of the operation of rail- 
 roads which cannot reasonably be subjected to fixed 
 general rules ; (3) the making the commissionership 
 too much a political office, subject to frequent change 
 of incumbent, and the appointment of men promi- 
 nent in the dominant party, who, if able enough, have 
 not made the railroad problem a study, and bring 
 only narrow ideas and prejudices to bear upon com- 
 plex and difficult questions. 
 
 Among the railroad commissions of the several 
 states, that of Massachusetts has alone acquired any 
 considerable reputation beyond the limits of its own 
 jurisdiction, and been recognized as a tribunal whose 
 decisions were, in the main, founded in reason and 
 equity. This is partly due to the conditions under 
 which the board was established. The right of the 
 state to control and regulate railroads had long been 
 admitted and was reserved in granting concessions. 
 The powers of the Commission were very limited, 
 and its duties were very general ; so that it was 
 obliged to survey the whole field of its possible oper- 
 
ations and mark out for itself its course of action. 
 It had to cope with no giant monopoly intrenched in 
 " vested rights," such as existed in some other states. 
 Moreover, it was fortunate in its composition, and in 
 the ability and prudence which directed its action. 
 
 Previous to the establishment of the present Board 
 of Railroad Commissioners there had been two or 
 three unsuccessful attempts to create such a commis- 
 sion. There was, however, no general demand for 
 such legislation, and the railroad corporations were 
 opposed to it. But in 1869 the railroad system of 
 the state had become so extended and affected so 
 many interests that public opinion favored, if it did 
 not demand, that the state should exercise its right 
 of control through some officer or board ap- 
 pointed for that purpose. The Boston Board of 
 Trade and the manufacturing interests advocated 
 such a measure, and it was supported by some influ- 
 ential parties interested in railroad property as a 
 wiser method of exercising state control and shaping 
 legislation than the ordinary process of making laws 
 on subjects not thoroughly understood, to be admin- 
 istered by the slow process of the courts. A bill was 
 framed so moderate in its provisions that the Legis- 
 lature, always jealous of delegating its authority, 
 passed it with little opposition. The corporations 
 were generally distrustful of any commission to have 
 supervision of their interests, but the more pruden^ 
 among their managers foresaw that if they success- 
 fully opposed this moderate measure there was dan- 
 ger that it would be followed by more stringent leg- 
 islation, which it would be impossible for them to 
 resist, and therefore they were content to give it a 
 trial. The trial proved that the commission was a 
 
6 
 
 tribunal which could protect their interests as well 
 as those of the public, and in the course of years 
 they found that it saved them from not a little un- 
 wise legislation unwise because it would prove un- 
 just to the railroads and would not secure to the 
 public the benefits it was designed to secure. 
 
 The law established a Board of Railroad Com- 
 missioners, to be composed of three competent per- 
 sons to be appointed by the Governor, with the con- 
 sent of the Council. The first appointees were to 
 hold their office for one, two and three years respect- 
 ively, and as each term expired one member was to 
 be appointed annually for a term of three years. 
 The board was to have a clerk, also appointed by the 
 Governor, and no person in the employ or holding 
 the stock of any railroad corporation of the state was 
 eligible to either of the offices. This last provision 
 was subsequently made more specific, if not more 
 stringent. 
 
 The Commission was to have a general supervision 
 of all railroads and street railways in the state, to 
 examine them and keep themselves informed as to 
 their condition and the manner in which they are 
 operated with reference to the security and accommo- 
 dation of the public, and to see that the several cor- 
 porations comply with the terms of their charters 
 and the laws of the commonwealth. In the case of 
 a violation of any general law or neglect to comply 
 with the terms of its charter by any corporation, the 
 Commissioners were to give notice thereof in writing 
 to the corporation, and if the violation or neglect 
 continued after such notice, it was to be reported to 
 the Attorney-General, for such proceedings as he 
 might deem expedient. 
 
When in the judgment of the commissioners " re- 
 pairs are necessary upon any such railroad, or any 
 addition to the rolling stock, or any addition to 
 or change of the stations or station houses, or any 
 change in the rates of fares for transporting freight 
 or passengers, or any change in the mode of operat- 
 ing the road and conducting its business, is reasona- 
 ble or expedient in order to promote the security, 
 convenience and accommodation of the public," they 
 were required to inform the corporation in writing 
 of the improvements and changes which they ad- 
 judge to be proper, and to report their proceedings 
 in their next annual report. 
 
 Complaints could te made by municipal authori- 
 ties upon the petition of twenty or more legal voters. 
 Or if those authorities decline to make complaint, 
 they were to indorse their reasons for so doing on 
 the petition, which might then be presented to the 
 commissioners by the petitioners. If after hearing 
 the parties the commissioners adjudged the com- 
 plaint well founded, they were to notify the corpo- 
 ration in the manner above mentioned. 
 
 Another duty of the Commission was to prescribe 
 the form of annual returns by the corporations, to 
 examine them and to require the correction of those 
 which were defective or erroneous, and to prepare 
 from them statistics for the information of the Legis- 
 lature. It was also required to investigate the cause 
 of any accident on a railroad resulting in the loss of 
 life, and of such other accidents as it deemed proper. 
 An annual report to the Legislature was to cover all 
 the proceedings of the Commission, and to include 
 " such statements, facts and explanations as will dis- 
 close the actual working of the system of railroad 
 
8 
 
 transportation in its bearing upon the business and 
 prosperity of the Commonwealth, and such sugges- 
 tions as to the general railroad policy of the Com- 
 monwealth, or as to any part thereof, or as to the 
 condition, affairs or conduct of any of the railroad 
 corporations as may seem appropriate." 
 
 Such was the scope of the prescribed duties and 
 limited powers of the board, which are sufficiently 
 comprehensive to include every branch of railroad 
 management, and to impose upon the commissioners 
 no very moderate amount of labor. But the man- 
 ner in which those powers were to be exercised, and 
 those duties were to be performed, it will be ob- 
 served, was left in large measure to the "judgment" 
 of the commissioners. In most cases they could 
 only suggest or recommend such changes in modes 
 of operation, or in rates and fares, as they deemed 
 expedient. But, in that very want of direct power 
 lay the real strength of the board, for it was obliged 
 to weigh well its judgments and to give the reasons 
 therefor, which might receive the support of public 
 opinion. And behind it stood the Legislature, 
 whose right to control the railroads was not dis- 
 puted, and by whose authority recommendations not 
 complied with could, if necessary, give to public 
 opinion the force of statute law. 
 
 As a complement to the duties of the Commission, 
 the corporations were required at all times to furnish 
 the board, on request, with information concerning 
 the condition, management and operation of their 
 roads, with copies of all leases, contracts and agree- 
 ments for transportation to which they were parties, 
 and with the rates of transportation on their roads 
 and joint rates on their own and connecting roads. 
 
9 
 
 The first commissioners appointed under this act 
 were James C. Converse, Edward Appleton and 
 Charles Francis Adams, Jr., for three, two and one 
 years respectively. Mr. Converse, who Avas the 
 special candidate of the Boston Board of Trade, was 
 a prominent merchant, who had been President of 
 that Board. Before the civil war he had taken an 
 active part in efforts to secure a more prompt for- 
 warding and delivery of freight, and was supposed 
 to represent the interests of shippers. Mr. Apple- 
 ton was an experienced engineer, whose province 
 was to advise the board in matters relating to con- 
 struction, equipment and methods of operation. Mr. 
 Adams, a lawyer by profession, had made therr.il 
 road problem a subject of special study, and had al- 
 ready earned a reputation by several able articles on 
 railroad subjects. He had taken an active interest 
 in the establishment of the Commission, and was the 
 reputed author of the bill for its creation. Upon 
 him devolved the consideration of all legal questions 
 affecting the railroads and the public, and naturally 
 the duty of preparing the reports of the board. 
 Hence he gave direction to the inquiries and shaped 
 the action of the Commission on all general 
 questions. 
 
 Such was the personnel of the Commission first 
 appointed. A distinguished member of the Legisla- 
 ture, in a speech opposing some measure relating to 
 its duties, described the board as composed of " a 
 merchant, an engineer and a philosopher." The 
 last title was given in good-natured derision, but as 
 Mr. Adams had pursued the " scientific method " in 
 his study of the railroad problem, the title was not 
 altogether inappropriate. If he sometimes gener- 
 
10 
 
 alized from insufficient facts, no one was more ready 
 to correct an error by further investigation. 
 
 Mr. Converse retired at the end of his term of 
 three years, and was succeeded by Francis M. John- 
 son, a successful merchant, a man of remarkably 
 clear intellect, a keen insight into questions of great 
 difficulty, and a thorough master of accounts. Mr. 
 Johnson was reappointed for a second term, for the 
 last six months of which failing health prevented 
 his attention to the duties, and he died soon after 
 the expiration of his term. His successor was Ed- 
 ward W. Kinsley, also a merchant, and a man 
 thoroughly acquainted with the wants of the travel- 
 ing public, and quick to observe the management of 
 railroads as to equipment, accommodations and 
 facilities. 
 
 Mr. Appleton also retired at the expiration of his 
 term of two years, before the board had fairly 
 adapted itself to its position or adopted a policy, and 
 was succeeded by Albert D. Briggs, a civil engineer 
 and experienced bridge-builder ; a man whose judg- 
 ment in respect to matters of construction and appli- 
 ances was held in high esteem by railroad managers 
 and experts, and whose views on all general questions 
 of policy and management were intelligent, impar- 
 tial and founded in reason. By successive reap- 
 pointments, he served till his death, in 1881. 
 
 Mr. Adams, by repeated appointments, served out 
 a decade, when he declined further service and was 
 succeeded by Judge Thomas Russell, the present 
 Chairman of the board, an able lawyer, quick of ap- 
 prehension and of large experience in judicial and 
 executive office. 
 
 None of these appointments were in any sense 
 
11 
 
 political, or made as rewards for party services. The 
 executive had honestly endeavored to select the men 
 best qualified for the position who were willing to 
 take it. And the board, not only in its organization, 
 but in its conduct, was far from being a political ma- 
 chine, contrary to the prophecies of some of the 
 opponents of its establishment. 
 
 Charged with rather numerous duties, prescribed 
 in general terms, and endowed with very limited 
 powers, the Commission had to determine for itself 
 the manner in which the objects aimed at should be 
 attained. The theory on which a board with such 
 limited power was created was, that it should be the 
 medium of concentrating public opinion and bring- 
 ing it to bear intelligently and persistently 
 upon abuses it was desirable to reform, with- 
 out resorting to the power of the Legislature ; 
 or, as Mr. Adams said in 1874, the Commission 
 was "simply a medium, a species of lens by 
 means of which the otherwise scattered and 
 powerless rays of public opinion could be concen- 
 trated to a focus, and brought to bear upon any 
 corporation." This result was to be brought about 
 by public hearings of complaints and a discussion of 
 the principles involved, or the true policy to be pur- 
 sued. But at first, before the people had become ac- 
 customed to the Commission, and realized its possible 
 usefulness, complaints were few. To inspire the con- 
 fidence of the public in it as a tribunal for the re- 
 dress of grievances must necessarily be the work of 
 time. Meanwhile the board must educate public 
 opinion, and make itself known by the discussion of 
 various railroad questions which arose out of the 
 development of the system or the wants of the com- 
 
12 
 
 munity. Its first efforts in this line were directed to 
 the study of the railroad problem with reference to 
 Massachusetts, the operation of the roads, and the 
 manner in which they met the wants of the indus- 
 tries and commercial interests of the state. 
 
 At that time the Cunard steamships, which had 
 plied between Liverpool and Boston for twenty-five 
 years or more, had been withdrawn, and the foreign 
 commerce of our domestic port had greatly dimin- 
 ished from its volume before the civil war. An at- 
 tempt had been made, by means of a rebate on the 
 rates for internal transportation of grain intended 
 for export, to recover the lost prestige of the port, 
 and to secure a regular return of the steamships, 
 but it had met with only indifferent success. Under 
 this aspect of affairs the Commission considered what 
 the railroads might do for the interests of the state, 
 and in its first annual report dwelt at some length 
 on the various industries of Massachusetts, by which 
 the commerce of Boston was to be maintained, and 
 it was argued that the real interest of the city, as the 
 commercial metropolis of New England,was not in be- 
 coming simply a port for the shipment of Western pro- 
 duce to Europe, so much as in being the distributing 
 market for the numerous manufactures of the state, 
 and of raw materials for those manufactures and 
 food for the operatives. This would increase the 
 coastwise commerce with other domestic ports, with 
 the British provinces and the West Indies, and 
 would lead to a substantial and permanent revival 
 of more general foreign commerce. The change that 
 had been going on in Massachusetts since the con- 
 struction of the earlier railroads, from a commercial 
 to a manufacturing community, and the policy of 
 
/*y ^N 
 
 UHIVEBSITT 
 
 adapting the railroad system to this chai 
 tion, were discussed in this first report with an 
 ability which at once won for the Commission the 
 respect of the corporations and the confidence of the 
 public. Its argument, presented in various aspects, 
 was that the true policy for such a community as 
 that of Massachusetts is to. foster its manufacturing 
 industries, and to reduce the cost of produation by 
 all legitimate means, and thus promote its commercial 
 interests also. The railroad system of such a commu- 
 nity should, therefore, contribute to such a result by 
 the carriage of raw materials, coal and food, at the 
 lowest paying rates, and find its compensation in the 
 transportation of the manufactures at rates more prof- 
 itable from the nature of the service, but not excessive. 
 Unquestionably that is the true policy for a man- 
 ufacturing state like Massachusetts, and that is the 
 true province of its railroad system, as much now 
 as in 1870. But of late years the competition of the 
 chief seaports of the Union to secure a portion of the 
 immense exports of grain and provisions to Europe 
 has overshadowed the local interests. The great de- 
 mand is for terminal facilities to receive and ship the 
 products of the West, brought by the railroads often 
 at scarcely paying rates, and docks for the accommo- 
 dation of foreign steamers. While this business adds 
 to the importance of the port and increases the 
 amount of imports for distribution through the coun- 
 try, it contributes comparatively little in proportion 
 to its volume, to the wealth of the city or the state. 
 Meanwhile the rates for coal and raw materials, 
 though reduced since 1870, are, for reasons that need 
 not be here mentioned, much higher than those for 
 grain brought for shipment to Europe, 
 
14 
 
 It may be said, however, the Commission has al- 
 ways advocated the same policy of fostering local in- 
 terests, though it may not have pressed it in so spe- 
 cial a manner of late years while recognizing the de- 
 mands of that general expert trade which has con- 
 tributed so greatly to the prosperity of the whole 
 country. But it has repeatedly, in decisions concern- 
 ing the coal rates on various roads, expressed the 
 same views. 
 
 In later reports Mr. Adams, discussing the move- 
 ment of freights East and West, described clearly the 
 wars of rates, the combinations of the trunk lines, 
 and the competition of the Atlantic ports with their 
 respective lines of communication, and contributed 
 largely to a knowledge of the facts concerning this 
 immense business and a better comprehension of the 
 actions and motives of managers of the rival routes. 
 These discussions, while relating to a subject broader 
 than state limits and addressed to a larger public, 
 served also to show the relations of the railroad 
 system of his own state to the greater system which 
 extends through many states into distant territories 
 and traverses hundreds of miles of the Dominion of 
 Canada. 
 
 When the commission was created there was a 
 general but indefinite demand from the commercial 
 and manufacturing interests, and from a portion of 
 the traveling public, that fares and rates should be 
 reduced, and it was supposed by some that the Board 
 would at once advocate specific reductions by legis- 
 lation. Such action, however, was not recommended, 
 and the Legislature then instructed the commission 
 to examine the subject and report " by bill or other- 
 
15 
 
 cates of a reduction wherever reasonable, after a 
 thorough examination of the subject they wore 
 satisfied that no general rule for rates could be 
 adopted without doing injustice to some roads and 
 some communities. The circumstances and con- 
 ditions under which the -various roads were con- 
 structed and operated were so different that what 
 would be reasonable for one might be ruinous to 
 another. To undertake to revise the tariff of each 
 would be a work for which such a board was not 
 competent, and could only be properly performed by 
 those familiar with the business of the road and the 
 wants and pursuits of the communities it served. 
 Moreover, this system of governmental regulation 
 of such matters was contrary to the theory on which 
 the board was created, and the policy it aimed to 
 carry out. The report of the Commission on these 
 instructions of the Legislature, which was opposed to 
 the policy adopted in some other states and adverse 
 to the popular notions, was exhaustive and able, and 
 for a time at least settled the policy of the state in 
 its supervision of railroads. By this decision the 
 corporations and the public were saved from con- 
 troversies and continued hostility, which would 
 have been prejudicial to the interests of both. 
 
 The problem, therefore, to the solution of which 
 the Commission addressed its consideration was how 
 to secure a reduction of rates and increased facilities 
 and accommodations for the public, or, in other 
 words, how the roads could best be made to pro- 
 mote the interests of the state. An earnest recom- 
 mendation to the managers of the several roads to 
 revise and reduce their tariff rates was complied with 
 to some extent by a few, and whenever complaints 
 
16 
 
 were presented the board made specific recommenda- 
 tions which were seldom disregarded. But some- 
 thing more cogent and more general seemed to be 
 demanded, and the Commission sought tentatively 
 some plan which might have something of the force 
 of legislation while leaving the roads to consult their 
 own interests under circumstances which would 
 necessarily lead to a reduction of rates and a better 
 accommodation of the public. 
 
 The first measure of general policy directed to 
 this end was the suggestion that the state adopt as 
 an experiment the system of government ownership 
 and operation of a part of the railroad system as a 
 competitor and example to the roads owned by the 
 corporations. This system prevailed in Belgium, 
 where it had proved a success, as was shown in a 
 report made by the Assistant Secretary of the 
 English Board of Trade and laid before a Parlia- 
 mentary committee. To carry this plan into effect 
 the Commission proposed that the state should take 
 the Fitch burg Railroad under its reserved rights or 
 by purchase and operate it in the interests of the 
 public, who should have the benefit of reduced 
 rates to the extent that the earnings were in excess of 
 the operating expenses, renewals and interest on the 
 cost. It was proposed to take the Fitchburg road 
 because it was wholly within the state and perhaps 
 because it was a comparatively moderate experi- 
 ment. But unless the plan was extended further it 
 is not easy to see how the alleged advantages of 
 partial state ownership could be realized, for 
 the road was then as little of a competing route 
 as any in the state. It is probable, however, that 
 tbe Commission even then looked to an extension of 
 
the system such as it subsequently proposed. The 
 suggestion was first made in 1871 ; its adoption was 
 again urged in the next annual report, and in 1873 
 the board proposed that the state should acquire not 
 only the Fitchburg, but the Vermont & Massachu- 
 setts road, and thus, with the Troy & Greenfield, 
 which it already owned, should have a line through 
 the length of its territory. It was also proposed to 
 acquire the Massachusetts Central road, the CDn- 
 struction of which was scarcely begun. But even 
 with this line of road, extending through the length 
 of the state, the system would scarcely be analogous 
 to the Belgian system, where the state roads reach 
 competitive points in all parts of the kingdom, and 
 to accomplish anything for the Massachusetts rail- 
 road system it would be necessary that the state 
 should also own lateral roads or branches to compete 
 to any considerable extent with the corporations. 
 
 Mr. Adams made an elaborate and able argument 
 in support of this proposition before the legislative 
 committee on railroads, reviewing the various at- 
 tempts made in other states and in England to secure 
 low and equal rates, and maintaining that direct 
 legislation was ineffectual to prevent combination 
 the certain result of private competition but that 
 state ownership of one through line would make 
 combination impossible, and, therefore, competition 
 certain. Moreover, the state road by reducing rates 
 on its whole line would attract thither manufacturing 
 interests, and similar interests on other lines would 
 raise a clamor for an equal reduction that could not 
 be ignored. 
 
 But whatever might be the theoretical advantages 
 of this system as a regulator of the railroads of the 
 
18 
 
 corporations, and whatever its success in Belgium, it 
 was open to the fundamental objection that it is no 
 part of the functions of a republican form of gov- 
 ernment to engage in any commercial or industrial 
 enterprises, and that under such a form of govern- 
 ment, liable to frequent changes, the management of 
 a state road would be neither efficient nor econom- 
 ical. While the plan which the Commission had in 
 view would have in a measure met these objections, 
 and divorced the management of the road as much 
 as possible from politics, the proposition did not meet 
 with favor from the Legislature. It was too formid- 
 able a project, too large and costly an experiment. 
 In view of the experience of the state with the Hoo- 
 sac Tunnel, and the large outlay required for termi- 
 nal facilities for the through business of this line, it 
 is certainly no matter for regret that the proposition 
 failed. The idea was abandoned and the commis- 
 sioners, never unwilling to recede from an untenable 
 position,, did not again suggest it, even if they did 
 not very soon entirely change their views.* The 
 discussion, however, had not been without advantage 
 to the public. Discussion, indeed, in this case as in 
 some others, was the object of the Commission 
 rather than to force the adoption of the policy 
 advocated. By it the public was familiarized with 
 different phases of the railroad problem, and its 
 opinions were more intelligently formed. 
 
 Meanwhile the Commission continued its recom- 
 mendations to the railroads to reduce their rates, 
 
 * In 1874 Mr. Adams, in one of a course of lectures at the Lowell 
 Institute, expressed the opinion that the best method of regulation 
 under our American form of government and for the present, at 
 least, better than any system of continental Europe is through the 
 force of intelligent public opinion, the theory on which the Massa- 
 chusetts Commission was created aud conducted. 
 
19 
 
 and supported its views by cogent arguments, 
 diffusing a better knowledge of the operation of rail- 
 roads and giving direction to public opinion so as to 
 produce an effect upon the corporations. The 
 railroad managers, while generally receiving the 
 recommendations with respect, and in some in- 
 stances making concessions, replied that a re- 
 duction such as was suggested would be in- 
 jurious to them, alleging that with existing rates 
 they only pay operating expenses and fair 
 dividends. In their investigations of this matter of 
 operating expenses, the commissioners, at the out- 
 set, found that it was impossible to obtain from the 
 returns, as then made, any satisfactory results, and 
 that, for the purposes of comparison, the returns of 
 the various roads were simply absurd. The method 
 of keeping accounts differed widely, and the items of 
 operating expenses were not limited by any common 
 rule, but embraced expenditures for permanent 
 improvements according to the policy of each man- 
 agement. Moreover, the returns were often made 
 with evident want of care and thorough book-keep- 
 ing, the return of a road for one year upon compar- 
 ison with that of the preceding year sometimes 
 showing marked discrepancies. The form of returns 
 was improved, and a careful and laborious analysis 
 was made of each report and corrections required. 
 By this means somewhat more satisfactory returns 
 were obtained. Still they were not what was de- 
 sired for the purposes of comparison by students of 
 the railroad problem. 
 
 The board then recommended that a uniform sys- 
 tem of accounts should be required by law. Uni- 
 formity and publicity, it was argued, would lead 1o 
 
20 
 
 a solution of the cost of transportation on the several 
 roads, and the average cost would make a just com- 
 parison of different modes of operation possible and 
 supervision intelligent. The public would thus be 
 enabled to understand better the financial condition 
 of the corporations and tl e reasonableness of rates 
 and fares, and the railroad managers could better see 
 in what direction they could improve their methods. 
 
 The Legislature, whose authority was necessary to 
 enforce such a measure, adopted this recommenda- 
 tion, and a law was passed authorizing the board to 
 prescribe a system of accounts which every corpora- 
 tion operating a railroad was required to follow. 
 Under the provisions of this act the Commission 
 appointed an experienced railroad accountant as 
 Supervisor of Railroad Accounts and Returns, and by 
 a conference with the auditors of the principal roads 
 of the state a system was agreed upon to which all 
 the corporations were required to conform. 
 
 To secure more completely the advantage of such 
 a system it was desirable that it should be adopted 
 in the neighboring states with the railroads of which 
 those of Massachusetts were connected and were 
 doing a joint business. Accordingly the Commis- 
 sioners of adjoining states, including the State 
 Engineer of New York, were invited to join in 
 recommending the adoption of such a uniform sys- 
 tem. The Commission had repeatedly dwelt upon' 
 the subject in its reports, and had urged it with so 
 much force, as the first requisite and basis of any 
 intelligent supervision or reform, that it received 
 attention in other states, and at a convention of the 
 commissioners of a number of states, east and west, 
 a committee of experts prepared a general system 
 
21 
 
 of railroad book-keeping, and a more concise return, 
 which was substantially adopted in most of the states 
 represented in the convention. This system left the 
 details of book-keeping and accounts to the corpora- 
 tions as they should consider best adapted to their 
 business and mode of operation, and required only 
 that the operating expenses and expenditures for per- 
 manent improvements should be uniformly carried 
 to certain general accounts. 
 
 One of the special duties of the board was to in- 
 vestigate railroad accidents, with a view to ascer- 
 taining the cause of and responsibility for each, in 
 order that, by legislation or otherwise, similar acci- 
 dents might be prevented, or at least rendered less 
 frequent. Early in the history of the Commission 
 occurred the terrible Revere disaster on the Eastern 
 Railroad, in which thirty-one persons were killed 
 and sixty or more were injured. At that time many 
 of the appliances and methods of operation now in 
 general use had been adoptod to only a very limited 
 extent, and in this respect the railroads of Massa- 
 chusetts, though generally operated with care, were 
 not abreast with those of some other states. The 
 telegraph was scarcely used ; the block system was 
 unknown ; train brakes had not been tried ; the 
 discipline of employes was lax ; loose couplings and 
 weak platforms were conducive to telescoping in 
 case of collision or derailment ; crude and ineffect- 
 ual signals were still in use. The accident at Re- 
 vere awoke the managers of the roads of large traf- 
 fic to the risk they incurred not only of sacrificing 
 human life but of draining their treasuries by the 
 payment of damages. 
 
 The commissioners, having thoroughly investi- 
 
22 
 
 gated the accident, took advantage of the aroused 
 sense of danger and responsibility to earnestly 
 recommend improvements in the methods of opera- 
 tion, the use of new appliances and a revision and 
 a thorough enforcement of rules. Not only was 
 the Revere accident investigated, but the board 
 inquired into the causes of other train accidents, 
 drawing from them lessons of value at that juncture. 
 In this connection it did a good work in refuting the 
 charge, then quite common, and still supposed by 
 some to be well-founded, that such an accident as 
 that at Revere could not occur on any European 
 road, and that train accidents in this country are 
 both much more frequent and more fatal than in 
 Europe. By official reports and statistics it was 
 shown that neither of these assertions was true, and, 
 so far asthe Massachusetts roads were concerned, that 
 the proportion of passengers killed and injured to 
 the whole number carried during a period of ten 
 years was smaller than in Great Britain, and about 
 the same as in Belgium. 
 
 With the co-operation of the managers of some of 
 the principal roads, a new and more efficient cude of 
 rules was agreed upon, and its adoption recom- 
 mended to all the roads in the state a recommenda- 
 tion that was complied with so far as applicable to 
 their traffic. The Commission further urged upon 
 the managers a better construction of passenger cars, 
 the use of train brakes operated from the locomotive, 
 a more general use of the telegraph, the adoption of 
 the block system, and other improvements which 
 had been tested elsewhere. These recommendations 
 were received at first with more or less doubt of 
 their feasibility or wisdom by the managers, but 
 
23 
 
 gradually many of them were introduced, and proba- 
 bly at a much earlier date than they would have been 
 had not the Commission exerted a constant influence 
 in that direction. 
 
 To the Eastern Railroad the result of the accident 
 and the investigation was a change of management 
 and a more progressive policy. The new manage- 
 ment adopted all the improvements recommended by 
 the Commission better car construction, Miller plat- 
 form and couplers, train brakes, an electric block sys- 
 tem and more perfect discipline of employes. With- 
 out doubt, the Revere disaster was the primary 
 cause of the financial difficulties in which the com- 
 pany afterward became involved ; but it could have 
 safely borne the heavy damages and the large ex- 
 pense of its extensive improvements, had not the 
 ambitious enterprise of the management led it into 
 schemes of extension and connections which proved 
 disastrous. The traveling public, however, derived 
 no small advantage from the liberal action of the 
 Eastern Railroad, for in its improvements it was an 
 example which public opinion demanded should be 
 followed by other roads. 
 
 One of the functions of the Commission was to 
 give its aid and advice in matters of legislation 
 besides those initiated by itself. On all general 
 propositions concerning railroads coming before the 
 Legislature by petition or order of inquiry, the com- 
 mittees having those subjects in charge consulted 
 the board, and many matters were specially referred 
 to it for report as to the expediency of legislation 
 and the framing of bills In this province, which 
 might perhaps be considered its most important one, 
 the Commission has rendered great service, both to 
 
24 
 
 the public and the corporations, by preventing crude 
 and unwise legislation, and advocating with cogent 
 reasons such laws as in their judgment would pro- 
 mote the interests of the people and the railroads. 
 By its efforts a general law for the incorporation of 
 railroad companies was passed, and the legislative 
 committees were relieved of much labor and saved 
 from a waste of time in considering the projects of 
 parties who desired to obtain " strategic charters " 
 and competitive routes on paper, as well as bona 
 fide and legitimate enterprises. It also secured gen- 
 eral provisions of law for the settlement of many 
 other questions which else would have required spec- 
 ial legislation in numerous cases. 
 
 One result of the conferences and discussions with 
 the legislative committees was to convince legisla- 
 tors that such a Commission was a better tribunal 
 for hearing and determining many questions relating 
 to railroads than the General Court could possibly 
 be. Hence, while the board never sought to extend 
 its jurisdiction, its powers and duties were from 
 time to time enlarged till they are so interwoven 
 with the railroad system of the state that if the 
 Commission were abolished a complete revision of 
 the general railroad law would be required. 
 
 While aiming by general recommendations to se- 
 cure improvement in the management of railroads, 
 and to promote the common interests of the public 
 by increased facilities, lower rates and safer trans- 
 portation, the Commission was designed especially 
 to be a tribunal for redressing grievances, and 
 parties who had such grievances were invited to pre- 
 sent complaints or petitions for a hearing. At first 
 such complaints were comparatively few, but as the 
 
25 
 
 board became better known as an impartial tribunal 
 which recognized the obligations as well as the 
 rights of the corporations, the applications for re- 
 dress became more frequent. Parties who had just 
 cause of complaint were satisfied, for although the 
 Commission had power only to " recommend," the 
 grounds of its recommendations were stated so for- 
 cibly that with the weight of public opinion in their 
 favor there was hardly one but was promptly com- 
 plied with by the railroad managers in terms or by 
 some arrangement equally satisfactory to the peti- 
 tioners. On the other hand, the corporations found 
 that unjust complaints and unreasonable petitions 
 were dismissed with no less cogent arguments, and 
 that the Commission was in effect a buffer to moder- 
 ate the shock of collision between them and an ex- 
 acting or indignant public. Being neither politic- 
 ians, nor partisans, nor representatives of any 
 " league " or special interest, the commissioners thor- 
 oughly examined all questions submitted to them, 
 and the conclusions at which they arrived by their 
 impartiality won the respect if not always the entire 
 acquiescence of all parties. Moreover they were 
 men whom no one dared to approach with a corrupt 
 purpose. 
 
 The reports of the hearings and decisions printed 
 with the annual report of the board comprise but a 
 small part of the cases actually presented and 
 settled. Many complaints made verbally or by 
 letter were adjusted by an informal interview or 
 correspondence with railroad officials, and occasion- 
 ally petitioners were forced to admit that what they 
 asked was unreasonable. Moreover, railroad man- 
 agers not infrequently applied to the Commission 
 
26 
 
 for advice in matters affecting their rights and obli- 
 gations, and this was given in a like informal manner 
 and with good results. 
 
 To keep themselves informed of the condition of 
 the railroads, the commissioners made annual, and 
 when necessary more frequent, examinations of 
 every road in the state. When the board was first 
 established it was supposed by railroad managers 
 and the public that these examinations would be 
 mere junketing excursions, comprising a good deal 
 of pleasure with very little work ; but the commis- 
 sioners soon corrected this impression, so far at least 
 as railroad officials were concerned, and the examina- 
 tions became laborious and thorough. Track and road 
 bed, every bridge and station, shops and terminals 
 were inspected in company with the experts of the 
 road, and criticism and commendation were im- 
 partially expressed, and advice and suggestions were 
 offered and in most cases were promptly followed. 
 Sometimes experts were employed, and in special cases 
 sharp reports were made, demanding immediate im- 
 provements to secure the safety of travelers. 
 
 After a service of ten years Mr. Adams retired 
 from the board. The experience of those ten years 
 tested the value of a railroad commission established 
 on a basis which he had advocated, and whose policy 
 and proceedings he had in the main directed. It is 
 not to be inferred, however, that the other members 
 of the Commission were mere ciphers in determining 
 its action. Those who served the greater part of 
 that period heartily co-operated with him ; all im- 
 portant matters were freely discussed, and after an 
 interchange of views the Commission almost inva- 
 riably acted as a unit. 
 
27 
 
 And what had the Commission accomplished? 
 In general, it had by its reports and decisions con- 
 tributed largely to a better knowledge of the various 
 railroad questions that arose, and had given direction 
 to public opinion so as to exert a constant influence 
 upon railroad managers, and make it a force in se- 
 curing reforms, while at the same time it had brought 
 about a better understanding of the mutual relations 
 of the corporations and the public. It had, more- 
 over, established itself in the confidence of the people 
 as a tribunal for the redress of grievances and the 
 correction of abuses. 
 
 Specifically, it had held the railroad companies to 
 obedience to the laws ;it had procured the passage 
 of a general law for the charter of railroad compa- 
 nies, to the great relief of the Legislature, and it had 
 successfully advocated the passage of other laws for 
 the benefit alike of the public and the corporations, 
 while it had also with equal success opposed unwise 
 and ill-considered legislation. Without authority to 
 regulate rates or prevent discrimination, its recom- 
 mendation had been followed in many instances by 
 a voluntary reduction by the companies, and equal 
 terms to all parties for like service. It had exposed 
 fraud and mismanagement in several schemes for 
 the construction of new roads, and had secured a 
 uniformity of accounts and returns which made its 
 statistics of value to interested parties, and rendered 
 the detection of fraudulent or unwise management 
 more easy. It had investigated accidents and fixed 
 the responsibility therefor, whether on the corpora- 
 tions or their agents, and it had hastened the intro- 
 duction of- a better equipment and the adoption of 
 appliances for the safety of travelers. It had secur- 
 
28 
 
 ed better accommodations and facilities for many 
 places, and had redressed many grievances of indi- 
 viduals and communities. And it had accomplished 
 its work without creating or encouraging any vio- 
 lent antagonism between the people and the corpora- 
 tions, but, on the contrary, had rendered their rela- 
 tions more harmonious and satisfactory. Certain 
 rules of action were early laid down by the 
 Commission and were consistently followed, and 
 sound principles applied to successive decisions 
 came to be well established in its administration, 
 and those decisions were in most cases accepted as 
 final. 
 
 With such results it may safely be asserted that 
 the Massachusetts Commission has been a success 
 and a benefit alike to the railroad corporations and 
 the people, and the state has wisely continued it, 
 gradually enlarging its powers and adding to its 
 duties. And not till its character is essentially 
 changed will there be any general desire to 
 resort to a different method of supervision and 
 control. 
 
 Out of the complex system of railroads extending 
 through the states of the Union broader questions 
 arise which are beyond the jurisdiction of a sta< e 
 Commission. Whether those questions can be satis- 
 factorily settled through intelligent supervision and 
 the application of sound principles by a tribunal of 
 like character to that we have described, but with a 
 wider jurisdiction, is a problem that need not be 
 here discussed. But within state lines there would 
 seem to be no reason why tribunals like the Massa- 
 chusetts Railroad Commission may not redress many 
 grievances, secure increased facilities and accommo- 
 
29 
 
 dations, and bring about more harmonious relations 
 between the railroads and the people. 
 
 NOTE. The foregoing paper was intended to cover only the first ten 
 years of the Massachusetts Railroad Commission. During that period 
 its character, purpose and policy were established, and it entered upon 
 its second decade a tribunal having the respect and confidence of the 
 public and the railroad interests, and capable of dealing intelligently 
 with any question coming within its jurisdiction. During the present 
 year there have been changes in the composition of the board, and the 
 original and well considered theory of selection has been disregarded 
 by the present executive. What will be the result of this experiment 
 with the Commission remains to be seen. 
 
STATE RAILROAD COMMISSIONS. 
 
 [From the Railroad Gazette of Aug. 24, 1883.] 
 
 There have been " railroad commissions" in some 
 of the states from a very early date. In 1855 there 
 was one in New York which issued a report in two 
 large volumes, one giving the profiles and align- 
 ments of all the railroads in the state valuable in- 
 formation which is not now obtainable in any other 
 publication. But for the most part until after the 
 war there was no railroad commission which was 
 much felt or widely known in the community. But 
 within the last 15 years not only have commissions 
 been established in many states, but they have at- 
 tracted much attention, investigated many questions 
 that arise in the relations of the railroads to the 
 public, published voluminous reports, some of which 
 contain carefully compiled and valuable statistics, 
 and in a few states exercised a very considerable in- 
 fluence on the conduct of railroad business. At 
 this time there is a railroad commission in every 
 Northern state west of Colorado except New Jersey, 
 Pennsylvania, Indiana and Nebraska; and in the 
 South, where the institution is but a few years old, 
 Virginia ; South Carolina, Georgia, Alabama, Tennes- 
 see and Kentucky have commissions. The public has 
 come to look upon them as a means by which it can in 
 some degree regulate and restrain corporate manage- 
 ment and prevent abuses from which it might suffer 
 This view evidently gains ground, for while in 1870 
 there were but two states. Ohio and Massachusetts, 
 which had railroad commissions which attracted any 
 
32 
 
 public attention, since that time they have been estab- 
 lished in nearly every Northern state, and nearly 
 every year a new one is established one in Kansas 
 and one in Tennessee this year, one in New York 
 last year, one in Alabama in 1881, etc. Moreover, 
 in many of the states which have no commission 
 there is a nearly successful attempt to establish one 
 at every session of the legislature, as in Nebraska, 
 Colorado, Texas and Indiana very recently. 
 
 What is the nature and the operation of this com- 
 paratively new but widely prevailing and growing 
 institution ? The workings of one of the oldest and 
 by far the most influential of them, the Massachu- 
 setts Commission, was recently told in these columns 
 by Mr. Wm. A. Crafts. This sets forth the author- 
 ity, working, and the achievements of one type of 
 railroad commissions, and the one which has been 
 most regarded in the legislation for the commis- 
 sions established since 1870. It is the best single 
 answer to the question : What is a railroad com- 
 mission ? 
 
 Our state railroad commissions, however, are not 
 all alike, by any means. The summary of the rail- 
 road commission laws of the several states, which 
 follows, shows marked differences in their powers 
 and functions.* 
 
 The first of the state railroad commissions now 
 existing which made any noise in the world is the 
 Ohio Commission, whose first report was for the 
 year 1867. Gen. George B. Wright, afterwards 
 President of the Atlantic & Great Western, and, 
 later, Receiver of the Indiana, Bloomington & 
 
 *" Ten Years of a Railroad Commission." The Railroad Gazette 
 p. 367, June 8 , and p. 388, June 15, 1883. 
 
33 
 
 Western, was the first Commissioner there, held the 
 office for several years, and made some investigations 
 of and reports upon matters of practical importance 
 and public interest which received some attention at 
 the time. 
 
 The prototype of the modern railroad commission, 
 however, is undoubtedly the Massachusetts Commis- 
 sion, whose doings Mr. Crafts has so well sketched. 
 It was fortunate in having on it a publicist of great 
 independence and force of character as well as intel- 
 ligence, who made a serious study of the relations of 
 the railroads to the public a question which scarcely 
 any one in this country had studied profoundly and 
 who, moreover, was gifted with a clear and forcible 
 style, which made his reports readable. Mr. Adams' 
 essays on "The Railroad Problem," given yearly in 
 the Massachusetts reports, came at a time, too, when 
 there was a great outcry in the Northwest against 
 the railroads, and this was another reason why they 
 were generally read. 
 
 Considering what the early Northwestern com- 
 missions were, it might be said that Mr. Adams' 
 essays had very little immediate effect, except to 
 cause the legislatures to call "railroad commissions" 
 the tribunals which they set up to regulate or 
 restrain the railroads in their relations to the public. 
 But, in fact, these bodies usually had substantially 
 all the powers of the Massachusetts Railroad Com- 
 mission, and differed from it chiefly in having a great 
 deal more besides. There has been and still is a 
 very general misapprehension as to the work of the 
 best known railroad commissions, and to-day the 
 prevailing belief doubtless is that the Massachusetts, 
 Michigan, Wisconsin, Minnesotaand Iowa commissions 
 
34 
 
 have power to say what the railroads may charge for 
 their services. This misapprehension extends to the 
 British Railway Commission, which is of more recent 
 creation than many of our state commissions* and has 
 very little in common with them except its name. 
 Yet the leading New York newspapers when it was 
 proposed to establish a railroad commission of the 
 Massachusetts type in New York argued in favor of 
 the proposition that the " Railway Commission" had 
 worked well in England, which is about as apropos as 
 to cite the usefulness of the Court of Arbitration in 
 New York, or the distinguished services of Mr. 
 Albert Fink as a " Commissiorier," as evidence in 
 favor of a Railroad Commission. 
 
 Without going into the history of the railroad 
 commissions of this country, but considering only 
 their present development, we may distinguish three 
 different kinds. The oldest of these, but the least 
 known, because it has had little to do or has done 
 little, is a body appointed to do some special or 
 formal work, or intrusted with powers of inspection 
 or the like, which it exercises at its own discretion, 
 but actually scarcely exercises at all, or so little that 
 its existence is hardly felt. For instance, there was 
 a so-called " railroad commission " in Tennessee in 
 18YO with power to sell or lease railroads which were 
 in default to the state for loans made them before 
 the war a temporary purpose. In Arkansas not 
 long after the war, when the state was loaning its 
 bonds to new railroads, three state officers were made 
 a " railroad commission " to hear and decide upon 
 applications for state aid. In New Jersey the Comp- 
 troller, Treasurer and Commissioner of Rail v oa<i 
 * The act establishing it was passed in July, 1873. 
 
^IFOM; 
 
 Taxation form a " railroad commission" to appraise 
 the property of railroad companies which do not 
 make returns of such property. None of these have 
 any of the regulating or inspecting powers which are 
 generally characteristic of state railroad commission- 
 ers. 
 
 The older commissions which are least known and 
 have usually been least active seem to have been 
 originally almost solely inspectors, who exercised 
 their functions and made their reports at their dis- 
 cretion, and usually did very little in either direc- 
 tion. Several of these have made much fuller re- 
 ports since the Massachusetts Commission became so 
 widely known and influential, and have had their 
 powers and duties increased. All the New England 
 commissions (and there is one in each state) were 
 of this character originally, we believe, including 
 the Massachusetts Commission, or a Massachusetts 
 Commission. In Maine the commissioners actually 
 executed inspecting functions to the point that many 
 years ago they ordered train service suspended on a 
 line until certain repairs should be made, resulting 
 in the abandonment of the road, we believe. 
 In New Hampshire the duties imposed on the 
 commissioners by law could only be properly per- 
 formed by a corps of experts, the result of which 
 has been, of course, that their reports have been 
 chiefly formal and apparently have had very little 
 effect. The Vermont Commission is less heard of 
 than any other, and its reports, if it makes any, ap- 
 parently do not usually come to light. The Con- 
 necticut Commission of late years has been an active 
 body and issued a voluminous report. But the New 
 England states are too small for any one of them to 
 
36 
 
 contain the whole of an important railroad system ; 
 only Massachusetts has an important railroad t^r- 
 minus ; and to this day New England railroads are 
 mostly small, and its traffic different in character 
 from that of most other parts of the country. Mas- 
 sachusetts, having the terminus of a true trunk line, 
 has been the only fair field for the exhibition of 
 what we may call national railroad phenomena. 
 
 The Ohio Commission, the oldest of the Western 
 railroad commissions, was probably based on the 
 earlier New England commissions. It was, and in- 
 deed still remains, primarily an inspecting authority, 
 designed to secure the safety of the railroads to 
 reduce liability to accident. But it was, with General 
 Wright as the first Commissioner, active in its first 
 years, and made reports which attracted some atten- 
 tion before the Massachusetts Commission was well 
 known. At present its powers apparently do not 
 differ greatly from those of the Massachusetts Com- 
 mission, but its reports have had little discussion of 
 value on the relations of the railroads to the public. 
 
 The distinguishing feature of the Massachusetts 
 type of commission is not its authority, but its want 
 of authority. Its duties are chiefly to investigate 
 complaints, to report on these and on all other rail- 
 road affairs which affect the community and to make 
 recommendations to the Legislature. How great an 
 influence has been exerted in this way with regard 
 to rates and accommodations by a body which has 
 no authority to dictate rates or accommodations is 
 well shown in Mr. Crafts' paper and has been in- 
 sisted upon with great force by Mr. Adams in the 
 Massachusetts reports and before committees of Con- 
 gress and elsewhere. Of the way in which this in- 
 
37 
 
 fluence is exerted we will have more to say here- 
 after. 
 
 The third variety of American railroad commis- 
 sion was born in the Northwest of the " Granger " 
 agitation about 1870, and is purely an American 
 product; but its home is now chiefly in the South 
 and not in the Northwest, where some of the 
 original commissions have been greatly modified. 
 This is the commission with authority to dictate 
 rates, or in charge of the execution of laws which 
 limit rates closely. The first were in Illinois and 
 Wisconsin, and the constitutionality of the laws giv- 
 ing such power over rates was contested to the last, 
 with the result that it was affirmed. Afterward the 
 California Commission was established, with almost 
 unlimited powers in this direction. Iowa osce had 
 such a commission, but like Wisconsin has 
 changed it for one of the Massachusetts 
 type ; but the Illinois Commission still has 
 authority to dictate rates, and so has the more 
 recent Missouri Commission, and the Kansas Com- 
 mission has authority which gives it power to de- 
 clare, after investigation of a complaint that rates 
 are excessive or unjust, what are reasonable rates in 
 that case, which will be prima facie evidence in the 
 courts of what is a reasonable charge a greatly 
 modified authority over rates. In the South, the 
 Georgia Commission has almost absolute authority 
 over rates. The South Carolina Commission, which 
 until this year was of the Massachusetts type, has 
 been given power over rates similar to that of the 
 Georgia Commission. The Alabama Commission, not 
 yet three years oid, has power something like the 
 power of " homologation" of the French Minister of 
 
38 
 
 Public Works ; all tariffs of rates must be submitted 
 to it, and are legal only if it approves. 
 
 We have said that the commission with authority 
 to dictate rates is a purely American product. Not 
 but that great powers over rates are exercised by 
 governments elsewhere, and indeed in almost all 
 European states except England. But such arbi- , 
 trary power is exercised nowhere out of the United 
 States. In France, the authorities can refuse to per- 
 mit new schedules of rates, and limits of charges are 
 fixed by law ; but the government cannot make a 
 schedule of rates and impose it upon the railroads, 
 and, in fact, nothing is done without consultations 
 and negotiations between the companies and the au- 
 thorities. In France, too, the government is repre- 
 sented, not by citizens without any special knowl- 
 edge of railroad business, but by a large and highly- 
 trained corps of experts, from which the railroads 
 themselves obtain their chief officers. In Germany ? 
 changes in rates by the authorities, in the days when 
 the corporation railroad system was still so exten- 
 sive that the state railroads could not dictate 
 rates nearly everywhere, as they can now, were 
 made only after investigations lasting for 
 many months, during which there were scores of 
 conferences with the railroad officers, state and 
 company, with commercial bodies, associations of 
 railroads, etc., reports of committees and experts 
 covering all points and interests, and the utmost 
 pains to avoid injury to the interests of the rail- 
 roads, or any special industry, as well as the com- 
 munity at large. We have before us as we write a 
 report of the proceedings and resolutions of "' the 
 Standing Committee on Rates of the German Rail- 
 
39 
 
 roads, and the Representatives of Freight Shippers" 
 on modifications of the general basis of the German 
 freight taiiff a volume of 240 pages, giving reports 
 of meetings, held from Nov. 13, 1878, to Feb. 13 
 1880, in which modifications of classification alone 
 were chiefly considered ; and all changes made there 
 have been trifling compared with the sweeping ones 
 introduced by some of our state commissions with 
 but the slightest consultation with those who perform 
 the service for which the commissions fix the price. 
 Further, the authority, whatever it may be, which 
 European states exercise over railroads was one of 
 the conditions of their establishment, and was so 
 understood. Again, as against the control (more 
 apparent in matters affecting construction, equip- 
 ment and operation than in rates) which the 
 European states exercise over railroads must be set 
 the protection which they afford. An American 
 company may construct a railroad through a terri- 
 tory which it is abundantly able to serve alone, 
 receive little or no interest on its capital for years, 
 while the country is growing and its traffic develop- 
 ing, and when the business has become large enough 
 to give it ample support and begins to pay interest 
 for the previous years, new lines may be built on 
 either side which will indefinitely postpone the day 
 when the investors will receive their reward. On 
 the continent of Europe this is not permitted. The 
 railroad is required to afford adequate service, and 
 its charges are limited (though not so much so but 
 that dividends of 12 and 14 per cent, are often 
 made), but it is protected in its territory. But our 
 commissions with authority to prescribe rates have 
 no authority to prevent the construction of parallel 
 
40 
 
 railroads, and the community in states where such 
 commissions exist are most eager to have such com- 
 peting lines established. The rates, in fact, are there 
 established by one party only the buyer. The 
 Commission represents him and him only. The 
 seller is left without any voice in fixing the wages 
 for which he must work. 
 
 Where commissions with power to dictate have 
 been preferred to commissions of the Massachu- 
 setts type with power only to investigate, report and 
 recommend, the reason given for the preference 
 usually is that corporations have no regard to recom- 
 mendations, and that nothing short of an order 
 which the sheriff can enforce will avail to restrain 
 railroad abuses. Mr. Adams and Mr. Crafts have 
 shown very clearly that the power to investigate 
 and report and recommend has in fact been effective 
 in Massachusetts. But less credit than it deserves 
 has been given to the effectiveness of this type of 
 commission, because the public has not clearly seen 
 why it is effective. It is not by any means because 
 corporations have feelings which are peculiarly sen- 
 sitive to public opinion, but because they know that 
 behind public opinion, when formulated after 
 thorough investigation by a capable and independent 
 tribunal, there lies a power which it is impossible to re- 
 sist; and that if they take no heed to recommendations 
 made by such a body with a full statement of the rea- 
 sons for them, they are likely to be compelled by law 
 to do what is recommended, and suffer from other legal 
 restrictions. Thus they do what they do not wish to 
 do to save themselves from a worse evil, and not at all 
 because stockholders, directors or officers suffer par- 
 ticularly because public, opinion is against them. 
 
41 
 
 Railroad managers have seen the establishment of 
 railroad commissions with much apprehension, which 
 in several cases has been justified. Now, however, 
 many of them feel that there is advantage in a 
 commission of the Massachusetts type. They 
 would prefer, perhaps, that there should be no such 
 public supervision, but they have become convinced 
 that the public will in some way hold them under 
 restraint, and they know that many acts indispensa- 
 ble to the economical conduct of railroad trans- 
 portation are likely to be condemned by the public 
 and to lead to legislation from which the railroads 
 would suffer greatly, unless the public can be satis- 
 fied that such acts are just and necessary, as it may 
 be by an intelligent tribunal which investigates the 
 facts. 
 
 Any one who has studied the course of railroad 
 legislation in European countries must, we think, 
 come to the conclusion that here as elsewhere the 
 railroads will eventually have to submit to some kind 
 of state supervision. It is idle to argue the question 
 of the advantages or disadvantages of such super- 
 vision. It is inevitable, and must be put up with. 
 It therefore becomes of the utmost importance to 
 oar railroads that the tribunals which the state or 
 the nation sets up should not possess unreasonable 
 powers, and should be composed of men of character, 
 capable of understanding the questions which they 
 investigate and report upon. No despot in modern 
 times exercises the arbitrary and absolute powers 
 over property rights which have been given to some 
 of our state railroad commissions. But these should 
 not be confounded with those whose power consists 
 chiefly in keeping the public and the legislatures in- 
 
42 
 
 formed of what is good and bad in the management 
 of the railroads. 
 
LAWS OF THE VARIOUS STATES ESTABLISHING 
 RAILROAD COMMISSIONS. 
 
 In the following statement of the laws of the various 
 states establishing railroad commissions, the laws of Cali- 
 fornia, Massachusetts and New York have been given 
 more fully than those of some other states for the reasons, 
 as respects California, that the commission in that state is 
 a constitutional body ; as respects Massachusetts, that her 
 law has been comparatively long in force and has been fol- 
 lowed in the legislation of other states; as respects New 
 York, that railroad management in that state is exception- 
 ally important to the country at large, because the number 
 of roads traversing the state is so large and their traffic so 
 important. 
 
 The reader may understand that all the commissions 
 have tolerably broad powers of subposnaing witnesses and 
 compelling testimony when needful in the discharge of 
 their duties; also, that generally whenever in the statement 
 nought is said about the compensation of the Commission- 
 ers, they are paid salaries at the expense of the state. 
 ALABAMA. 
 
 An act of Feb. 26, 1881, Laws 1881, No. 91, p. 84-95, pro- 
 vides for the appointment of three Commissioners. (Sec. 
 13). There are the usual qualifications as to who may be a 
 Commissioner. (Sec. 14.) The Commission is to revise all 
 tariffs of charges submitted to it for that purpose by any 
 person or company operating a railroad in this state, and 
 if such rates are allowed they shall append a certificate of 
 approval thereto. (Sec. 15.) It is to hear and investigate 
 complaints and give notice of any changes deemed proper 
 in any tariff of rates. (Sec. 16.) The expenses of the Com- 
 mission shall be borne by the several railroads, and upon a 
 company's paying its assessed proportion of this tax, and 
 upon the satisfactory evidence that it is prepared to trans- 
 port passengers and freight with safety, the Auditor shall 
 
44 
 
 issue a license to said company to operate the road for one 
 year. (Sec. 18.) 
 
 When in the judgment of the Commission it shall ap- 
 pear that repairs are necessary upon any railroad, or any 
 addition to its rolling stock or change in or addition to its 
 houses, or change in its rates is reasonable and expedient 
 for the safety, convenience and accommodation of the 
 public, they shall notify it thereof, and include a report of 
 their proceedings in the annual report to the Legislature. 
 (Sec. 20.) 
 
 The Commission shall supervise, and examine the rail- 
 roads of the state and keep themselves informed as to their 
 condition and management. (Sees. 21, 22.) Persons operat- 
 ing railroads are to make annual reports to the Commis- 
 sioners in manner prescribed by them. (Sec. 25.) 
 
 Any accident attended with serious personal injury is 
 to be reported to the Commissioners within twenty-four 
 hours from its occurrence, and they may investigate the 
 same and embrace an account of their proceedings in their 
 annual report. (Sec. 26.) This yearly report of the Com- 
 missioners is to contain such facts as disclose the actual 
 working of the railway system in this state, and such sug- 
 gestions as may seem to them appropriate. They shall 
 also submit such recommendations as to further legisla- 
 tion as they may deem advisable. (Sec. 28.) 
 
 A pro vision not occurring elsewhere makes it the duty 
 of the Commission to confer with the Commissioners of 
 other states, and with such persons from states having no 
 Commissioners, as the Governors thereof may appoint, for 
 the purpose of agreeing upon draft of statutes, to be sub- 
 mitted to the Legislature of each state, to secure such uni- 
 form control of railway transportation in the several 
 states, and from one state into another, as will best sub- 
 serve, the interests of trade and commerce. (Sec. 31.) 
 
 By-laws 1883, No. 78, p. 151, the Commission may 
 recommend joint local rates to railroads in this state on 
 freight in all cases where such railroads constitute a com- 
 bination under one general management. Act. No. 79, 
 Laws 1883, Se3. 5, p. 153, provides for the approval of 
 pooling contracts by the Commission. No. 104, Laws 1888, 
 
45 
 
 p. 178, enacts that any duly proved determination of the 
 board concerning a matter of which it has jurisdiction 
 shall, in any proceeding in the courts of the state, be con- 
 sidered prima facie right and proper. 
 ARKANSAS. 
 
 In Arkansas there is, or was, a so-called Railroad Com- 
 mission, consisting of the Governor, the Secretary of State 
 and the Commissioner of Internal Improvements. Its 
 powers and duties relate to applications for state aids to 
 proposed railroads. Companies desiring aid from the state 
 must lay the facts before the Commissioners ; if they ap- 
 prove the application, the Governor, upon their report, 
 may issue bonds for the amount reported to be proper. 
 This Commission has no important authority over roads in 
 operation except as concerns their fiscal relations with the 
 state. (Sec. 4,971-4,973, seq.) 
 
 CALIFORNIA. 
 
 The constitution directs the election of three Railroad 
 Commissioners, and defines their general powers and 
 duties, among which are: to establish transportation 
 charges; to examine the records, etc., of the company; to 
 hear and determine complaints against them; to prescribe 
 a uniform system of railroad accounts, and to make 
 annual reports to the Governor of the doings of the board. 
 
 The following is the chief provision of the constitution, 
 " The state shall be divided into three districts as nearly 
 equal in population as practicable, in each of which one 
 Railroad Commissioner shall be elected by the qualified 
 electors thereof at the regular gubernatorial elections: 
 whose salary shall be fixed by law, and whose term of 
 office shall be four years, commencing on the first Monday 
 after the first day of January next succeeding their elec- 
 tion. Said Commissioners shall be qualified electors of 
 this state and of the district from which they are elected, 
 and shall not be interested in any railroad corporation, or 
 other transportation company, as stockholder, creditor, 
 agent, attorney or employe; and the act of a majority of 
 said Commissioners shall be deemed the act of said Com- 
 mission. Said Commissioners shall have the power, and it 
 
46 
 
 shall be their duty, to establish rates of charges for the 
 transportation of passengers and freight by railroad or 
 other transportation companies, and publish the same from 
 time to time, with such changes as they may make; to ex- 
 amine the books, records, and papers of all railroad and 
 other transportation companies, and for this purpose 
 they shall have power to issue subpoenas and all 
 other necessary process ; to hear and determine 
 complaints against railroad and other transportation 
 companies, to ssnd for persons and papers to adminis- 
 ter oaths, take testimony, and punish for contempt of their 
 orders and processes, in the same manner and to the same 
 extent as courts of record, and enforce their decisions nnd 
 correct abuses through the. medium of the courts. Said 
 Commissioners shall prescribe a uniform system of ac- 
 counts to be kept by all such corporations and companies. 
 Any railroad corporation or transportation company 
 which shall fail or refuse to conform to such rates as shall 
 be established by such Commissioners, or shall charge 
 rates in excess thereof, or shall fail to keep thipr accounts 
 in accordance with the system prescribed by the Commis- 
 sion, shall be fined not exceeding $20,000 for each offense, 
 and every officer, agent, or employe of any such corpora- 
 tion or company, who shall demand or receive rates in 
 excess thereof, or who shall in any manner violate the 
 provisions of this section, shall be fined not exceeding 
 $5,000, or be imprisoned in the county jail not exceeding 
 one year. In all controversies, civil or criminal, the rates 
 of fares and freights established by said Commission shall 
 be deemed conclusively just and reasonable, and in any 
 action against such corporation or company for damages 
 sustained by charging excessive rates, the plaintiff, in ad- 
 dition to the actual damage, may, in the discretion of the 
 judge or jury, recover exemplary damages. Said Com- 
 mission shall report to the Governor, annually, their pro- 
 ceedings, and such other facts as may be deemed im- 
 portant. Nothing in this section shall prevent individuals 
 from maintaining actions against any of such companies. 
 The Legislature may, in addition to any penalties herein 
 prescribed, enforce this article by forfeiture of charter or 
 
47 
 
 otherwise, and may confer such further powers on the 
 Commissioners as shall be necessary to enable them to per- 
 form the duties enjoined on them in this and the forego- 
 ing section. The Legislature shall have power, by a two- 
 thirds vote of all the members elected to each house, to 
 remove any one or more of said Commissioners from 
 office, for dereliction of duty, or corruption, or incompe- 
 tency; and whenever, from any cause, a vacancy in office 
 shall occur in said Commission, the Governor shall fill the 
 same by the appointment of a qualified person thereto, 
 who shall hold office for the residue of the unexpiredterm, 
 and until his successor shall have been elected and quali- 
 fied." (Cal. Const., 1879, Art. 12, 22.) 
 
 The counties to compose the several railroad districts, 
 until the Legislature should otherwise prescribe, were tem- 
 porarily designated. (Id., Art. 12, 23.) 
 CONNECTICUT. 
 
 The General Statutes of Connecticut provide for the 
 appointment of three Commissioners. By Chap. 145, p. 
 232, Laws 1877, one of these is to b3 a lawyer of ten years' 
 standing, one a civil engineer and one a practical business 
 man. Their salaries and expenses are to be paid by a tax 
 levied 'upon the railroads of the state; they may 
 employ experts to assist them. (Gen. Sta s., Tit. 3, Chap. 
 1, PC. 7, pp. 15, 16.) Title 17, Chap. 2, Pt. 9, contains provis- 
 ion to the same effect as Mass. Gen. Stat., 1882, Chap. 112, 
 Sec. 141. Semi-annual examinations of railroads within 
 the state are directed. (Sec. 11, p. 320.) 
 
 The board shall notify the company to make all repairs 
 required within a time limited ; shall make such rules as 
 to platforms and outbuildings at stations as are for the 
 public interest ; may prescribe the time during which any 
 ticket-office shall be open for the sale of tickets, and no 
 company neglecting such order shall receive more than 
 the regular ticket price for fare ; shall make necessary 
 orders for compelling companies to furnish comfortable 
 seats for passengers, and ftr regulating the manner in 
 which companies shall manage their engines and cars at 
 highway crossings ; shall direct that suitable warning 
 boards be put up at dangerous crossings ; may require 
 
48 
 
 companies to maintain a gate across a highway at any 
 crossing, and to provide an agent to open and close the 
 same ; shall, when two roads meet or intersect, at the 
 request of the directors of the company owning either, 
 prescribe rules relative to the exchange of passengers and 
 luggage. (Sec. 12, p. 320.) 
 
 They may order gates, flagmen or signals to be provided 
 (Sec. 13, p. 120); may recommend measures conducive to 
 public safety, and report neglect to adopt such measures 
 to the General Assembly (Sec. 14, p. 321); may apply for in- 
 junction to restrain persons from exercising any official 
 duty in a corporation which has violated the law, or is con- 
 ducting its affairs in a dangerous manner. (Sec. 15.) 
 
 The Commissioners are to report to each General As- 
 sembly suggesting such legislation as they deem proper. 
 (Sec 17.) 
 
 They shall prescribe the limits within which land may be 
 taken for railroad purposes. (Sec. 18, p. 32.) The routes 
 of new railroads are to be approved by the Commissioners 
 as to intersections, crossings, etc. (Sees. 26, 28, p. 323); also 
 the location and abandonment of depots (Sees. 48, 51, p. 327). 
 They are to secure to all connecting roads equal facilities. 
 (Sec. 62, p. 324.) Companies must provide bridges con- 
 necting the several cars of their trains; these appliances to 
 be approved by the Commissioners. (Sec. 5, p. 350. ) As 
 in New York, they are to notify the board of accidents oc- 
 curring on their roads. (Sec. 80, p. 332, as amended laws, 
 
 1881, Chap. X., p. 7.) 
 
 GEORGIA. 
 
 Three Commissioners, of whom one shall be of ex- 
 perience in law, and one of experience in railroad business, 
 are to be appointed by the Governor, with the advice and 
 consent of the Senate. As elsewhere, employment by or 
 interest in a railroad renders one ineligible for the office. 
 
 The Commissioners are required to make for each rail- 
 road doing business in this state a schedule of just and 
 reasonable rates, and to revise and change the same as 
 often as necessary; said schedule to be published in some 
 public newspaper and posted in all rail way stations. (Code, 
 
 1882, Sec. 719, /.) They are to investigate the books of 
 
49 
 
 the companies, make personal visitation of their railroad 
 offices for the purpose of examination to ascertain whether 
 the rules and regulations to prevent unjust discriminations, 
 etc., have been complied with. (Sec. 719, g.) All agree- 
 ments between companies as to rates of transportation or 
 as to a division of earnings by competing roads shall be 
 submitted to the Commissioners for their inspection and 
 approval, that just and reasonable rates may be secured, 
 and any agreement not approved by them or providing for 
 charges exceeding the rates fixed shall be illegal and void. 
 (Sec. 719, h.) Severe penalties are incurred by violating 
 the rules and regulations prescribed. To recover these, 
 actions are to be instituted by the Commissioners through 
 the Attorney General or Solicitor-General. (Sec. 719, i.) 
 The Commissioners are to make semi-annual reports to the 
 Governor, and recommend such legislation as they may 
 deem advisable. (Sec. 719, u.) The railroads are to report 
 to the Commissioners. (Sec. 719, p.) 
 
 ILLINOIS. 
 
 Three " Railroad and Warehouse Commissioners" are to 
 be appointed by the Governor with the advice and con- 
 sent of the Senate. No person is to be chosen who is con- 
 nected with or interested in any railroad company or 
 warehouse. Every railroad company is to make a yearly 
 report to the Commissioners (Rev. Stat., 1880, pp. 1184- 
 1185, Chap. 114, Sees. 153, 154, 158), and they are in turn 
 to report to the Governor once in each year, or oftener if 
 required, making such suggestions, as may seem appropri- 
 ate to them, and particularly, first, whether in their judg- 
 ment the railroads can be classified in regard to the rate 
 of fare and freight to be charged upon them, and if so, in 
 what manner; second, whether a classification of freight 
 can also be made, and if so, in what manner. They shall 
 also, at such times as the Governor shall direct, examine 
 any particular subject connected with the condition and 
 management of such railroads and warehouses, and report 
 to him in writing their opinion thereon with their reasons 
 therefor. (Sec. 162.) It is the duty of the Commissioners 
 to examine the condition and management of the railroads 
 of the sta'e. One of their number is to visit each county 
 
50 
 
 in which is located a railroad station, at least once in six 
 months, and whenever it shall come to their knowledge, 
 either upon complaint or otherwise, or they shall have 
 reason to believe that any law or laws have been or are 
 being violated, they shall prosecute or cause to be prose- 
 cuted all corporations or persons guilty of such violation. 
 (Sec. 163.) The Attorney -General and State's Attorney 
 are to prosecute any suit or proceeding which the 
 Commissioners may direct them to prosecute for vio- 
 lation of any law of the state concerning railroads. (Sec. 
 169) 
 
 IOWA. 
 
 In this state one of the three Commissioners shall be a 
 civil engineer. There are essentially the same provisions 
 concerning eligibility as those found in the Illinois statute- 
 The Commissioners are to inspect the equipment and man- 
 agement of each railroad in the state ; are to make semi- 
 annual examinations of its bridges, and if they shall deem 
 any unsafe and the company shall neglect after notice to 
 repair such bridges, they are empowered to stop the run- 
 ning of trains over them. (McClain'a Stats., Vol. I., p. 
 365.) As in Illinois, the compani s are to report to the 
 Commissioners and they to the Governor once in each year, 
 (pp. 335, 336.) 
 
 This report is to contain such facts, statements and ex- 
 planations as will disclose the working of the system of 
 railroad transportation in this state, and its relation to the 
 general business and prosperity of the citizens of the state ; 
 also certain enumerated statistics of each road. The Com- 
 m ssioners are to report, further, violations of the state 
 laws, failures to comply with the terms of charters ; re- 
 pairs or changes deemed expedient in the road or rolling 
 stock of any company ; also cases of extortion, unjust 
 discrimi ation in rutrs, etc., satisfactorily proven to the 
 board as provided by the statute, (pp. 365, 369.) 
 
 As in Connecticut and New York, it is enacted that a 
 corporation operating a road upon which an accident oc- 
 curs shall notify the b'jard thereof. An investigation and 
 report are thereupon t > be mnde to the Governor c >ncern- 
 ing it. (p. 368.) 
 
51 
 
 KANSAS. 
 
 Under the provisions of Chap. 124, p. 186, Laws of 1883, 
 there is to be a board of three Railroad Commissioners 
 elected by the Executive Council. As in other states, they 
 must be neither employed by nor interested in any railroad 
 corporation. (Sees. 1-2.) Their salaries and expenses are 
 to be paid by the railroad companies. (Sec. 4.) They are 
 to have general supervision of all steam railroads in the 
 state, all express companies, sleeping-car companies and 
 corporations doing business as common carriers in the 
 state ; are to inquire into any neglect or violation of the 
 laws of the state by them ; to inspect the equipment and 
 management of railroads with reference to public safety 
 and convenience ; to inform the corporations of any im- 
 provements or changes in their roads, rolling stock, depots, 
 etc., deemed expedient ; also to recommend modifications 
 in their rates of transportation adjudged reasonable and 
 proper, and are to incorporate an account of such proceed- 
 ings in a report to be made by them annually to the 
 Governor. Certain particulars concerning the financial 
 condition and statistics of each railroad in the state are 
 also to be included in this report, as well as such further 
 suggestions as may to the board seem appropriate. (Sees. 
 5-6.) Each company is to report yearly to the Commis- 
 sioners. (Sec. 7.) Upon complaint in writing that an un- 
 reasonable rate has been charged, the board shall investigate 
 such complaint, and if sustained make a certificate setting 
 forth what is a reasonable charge for the service rendered, 
 which report shall be prima facie evidence thereof. (Sec. 
 11.) 
 
 All pooling contracts are pr- >hibited between companies 
 whose roads run in the same general direction. (Sec. 12.) 
 On complaint made by certain city or township authori- 
 ties, etc., the board shall examine the rates of freight 
 tariff charged by any company, and if it appear that the 
 complaint is well founded, they shall so adjudge and fix 
 upon reasonable rates, which are to be accepted by said 
 company, and any excess upon such charges shall, in all 
 actions brought in any court of justice, be prima facie 
 unjust and extortionate. All cases of failure to comply 
 
52 
 
 with such recommendations shall be reported to the 
 Governor. (Sees. 14, 18.) 
 
 Any person engaged in business other than that of a 
 common carrier is also empowered to own railroad cars, 
 and all companies must receive and transport the same 
 on such terms and rates as may be fixed by the Commis- 
 sioners. (Sec. 15.) 
 
 The right to construct a railroad and to take land by 
 eminent domain may, in certain cases, and with the ap- 
 proval of the board, be exercised by private persons. (Sec. 
 17.) There are heavy penalties for violating or evading 
 the provisi 1 >ns of this act, these to be sued for by the 
 county attorneys upon the directions of the Commissioners. 
 (Sees. 19, 20.) 
 
 KENTUCKY. 
 
 Chap. 790, Laws 1881-82, Vol. I., p. 66-73^ provides for 
 the creation of a Railroad Commission. Its members are 
 to be appointed by the Governor, by and with the advice 
 and consent of the Senate. ( 5.) No person is to be chosen 
 who is in the employ of or interested in any railroad com- 
 pany. ( 6.) 
 
 To these Commissioners each company is to furnish 
 yearly a statement of its affairs, specifying between thirty 
 and forty prescribed particulars ( 9), also answers to any 
 additional interrogatories which they may propound. 
 (10.) 
 
 Said Commissioners are to make an annual report 
 to the Governor containing such facts as will dis- 
 close the practical workings of the system of railroad 
 transportation in this state, and such suggestions in rela- 
 tion thereto as may to them seem appropriate. ( 11.) They 
 shall examine into the condition and management of rail- 
 roads in this state, so far as the same pertain to the rela- 
 tion of such railroads to the public, also whether they 
 comply with the laws of the state, and to prosecute or 
 cause to be prosecuted corporations or persons guilty of 
 such violation. ( 12.) The Attorney-General and Com- 
 monwealth's Attorney are, upon request of the Commis- 
 sioners, to institute and prosecute all proceedings authorized 
 by this act. ( 16.) 
 
53 
 
 The Commissioner is also to hear and determine c^m* 
 plaints of extortion or discrimination in rates by any 
 railroad corporation, rendering such corporation liable to 
 cert -i in penalties therein provided. A copy of the Com- 
 missioners' award may, under certain circumstances, be 
 filed with Clerk of the Circuit Court, and execution 
 issued thereon. ( 19, 1, 2, 3, 4.) 
 MAINE. 
 
 The Governor with the advice of Council shall appoint 
 three Railroad Commissioners : two of these shall be ex- 
 perienced in the construction and management of railroads, 
 and one of them shall be an engineer. (Rev. Stats., Chap. 
 51, Sec. 71, p. 462.) 
 
 The majority of the board are annually to examine the 
 tracks, rolling stock, bridges, viaducts and culverts of all 
 railroads, giving a certificate stating the condition thereof 
 to the Clerk of the corporation. (Sec. 12.) The Com- 
 missioners may notify a company to make necessary re- 
 pairs in its road, and require it to reduce the speed of their 
 trains meanwhile. Such orders are to be enforced through 
 the courts, it being the duty of the Attorney General or 
 the county attorneys to take charge of proceedings therein 
 on being notified so to do by the board. (Sees. 74 and 75.) 
 The Commissioners may also order the immediate stopping 
 of all passenger trains about to run over a road considered 
 by them unsafe, and if said order is not obeyed they shall 
 apply at once for an injunction against the company with- 
 out notice to it. (Laws of 1874, p. 155, Chap. 218. Sec. 2.) 
 
 When connecting railroads cannot agree concerning the 
 transportation of passengers or freight, the Commissioners 
 may, on the application of either of them, examine into 
 the matter and 6x the terms, rates, etc., upon which 
 passengers, freight or cars shall b? carried over the road of 
 each. (Sec. 76.) Their award shall be returned to the 
 Supreme Judicial Court and accepted, or for good cause 
 recommitted or rejec ed. (Sec. 77.) The Commissioners 
 a r e to examine into tie ciune of any serious accident, and 
 include the results of such examination in a report which 
 they are to make annually to the Governor. (Sec. 78.) In 
 this report they are to state such facts as they deem of 
 
54 
 
 public interest or such as the Governor may require. (Sec; 
 72.) 
 
 The railroads are to report yearly to the board, and the 
 returns shall be as nearly as possible uniform, as to subject 
 matter, with those required in the other New England 
 States. (Sec. 30 as amended, Laws 1877, Chap. 207, p. 
 154.) 
 
 MASSACHUSETTS. 
 
 The Board of Railroad Commissioners consists of three 
 persons appoint ed by the Governor. No person in the 
 employment of or holding stock in a railroad cot p oration 
 is eligible for the office of Commissioner. (Pub. Stat , 
 1882, Chap. 112, Sec. 9.) 
 
 The salaries and expenses of the Commissioners are to 
 be borne by the railroads and street railways. (Sec. 12.) 
 
 The board shall make an annual report of its doings to 
 the General Court, including such statements, facts and 
 explanations as will disclose the actual working of the 
 system of railroad transportation in its bearing upon the 
 business and prosperity of the commonwealth, and such 
 suggestions as to its general railroad policy or any part 
 thereof, or the condition, affairs, or conduct of any rail- 
 road corporation, as may seem to it appropriate. 
 
 The board shall have the general supervision of all rail- 
 roads and railways, and shall examine the same ; and the 
 Commissioners shall keep themselves informed as to' the 
 condition of railroads and railways, and the manner in 
 which they are operated with reference to the security 
 and accommodation of the public, and as to the com- 
 pliance of the several corporations with their charters and 
 the laws of the commonwealth. The provisions of the six 
 following sections shall apply to all railroads and railways, 
 and to the corporations, trustees or others owning or 
 operating the same. 
 
 The board, whenever in its judgment any such corpora- 
 tion has violated a law, or neglects in any respects 
 to comply with the terms of the act by which it was 
 created, or with the provisions of any law of the com- 
 monwealth, shall give notice thereof in writing to such 
 corporation ; and. if the violation or neglect is continued 
 
55 
 
 after such notice, shall forthwith present the facts to the 
 Attorney-General, who shall take such proceedings there- 
 on as he may deem expedient. 
 
 The boaH, whenever it deems that repairs are necessary 
 on any railroad, or that an addition to its rolling stock, or 
 an addition to or change of its stations or station houses 
 or a change in its rates of fares lor transporting freight or 
 passengers, or in the mode of operating its road and con- 
 ducting its business is leasonable and expedient in or^erto 
 promote the security, convenience and accommodation of 
 ihe public, fhall, in writing, infoim the corporation of the 
 improvements and changes which it considers to be proper, 
 and the report of the proceedings shall be included in the 
 annual report of the board. 
 
 Upon the complaint and application of the Mayor and 
 Aldermen of a city or the Selectmen of a town w ithin which 
 any part of a railroad is located, the board shall examine 
 the condition and operation thereof ; and if twenty or 
 more legal voters in a city or town, by petition in writing, 
 request the Mayor and Aldtrmen or Selectmen to make 
 sucli complaint and applicat on, and they decline so to do. 
 they shall indorse upon the petition the reason of buch 
 non-compliance, and return it to the petitioners, who may 
 within ten days thereafter present it to said board, and the 
 board may thereupon proceed to make such examination 
 in the same manner as if calif d upon by the Mayor a"d 
 Aldermen or the Selectmen, first giving to the petitioners 
 and to the corporation reasonable notice in writing of the 
 time and place of entering upon the same. If upon such 
 examination it appears to the board that the complaint is 
 well founded, it shall so adjudge, and shall inform the cor- 
 poration operating such railroad of its adjudication in the 
 same manner as is provided in the preceding section. 
 
 The board shall investigate the causes of any accident 
 o i a railroad resulting in loss of life, and of any accident 
 not so resulting, which it may deem to require investi- 
 gation. 
 
 Every railroad corporation shall at all limes, on request, 
 furnish to the board any information required by it con- 
 cerning the condition, management and operation of the 
 
56 
 
 road of such corporation, and particularly copies of all 
 leases, Contracts and agreements for transportation with 
 express companies or otherwise, to which it is a party, and 
 also with the rates for transporting freight and passen- 
 gers upon its road and other roads with which its business 
 is connected. 
 
 No request o:' advice of the board shall impair in any 
 manner the legal duties and obligations of a railroad cor- 
 poration, or its legal liability for the consequences of its 
 acts or of the neglect or nrsmanagement of any of its 
 agents or servants. 
 
 The board shall from time to time in each year examine 
 the books and accounts of all corporations operating rail- 
 roads or street railways, to see lhat they are kept in a uni- 
 form manner and upon the system prescribed by the 
 board. Statements of the doings and financial condition 
 of the several corporatio is shall ba prepared and published 
 at such times as the board shall deem expedient. 
 
 On the application in writing of a director or of any per- 
 son or persons owning one-fiftieth part of the paid in capi- 
 tal stock of a corporation operating a railroad or street rail- 
 way, or owning the bo ads or other evidences of indebted- 
 ness of such corporatio i equal in amount to one-fiftieth 
 part of its paid in capital stock, the board shall examine 
 the books and the financial condition of said corporation, 
 and shall cause the result of such examination to be pub- 
 lished in one or more daily papers in the city of Boston. 
 
 The board shall at all times have access to the list of 
 stockholders of every corporation operating a railroad or 
 street railway, and may at any time cause the same to V>e 
 copied, in whole or in part, for the information of the 
 board or of persons owning stock in su'-h corporation. 
 (Sees. 13-23. Chap. 112.) 
 
 Here as in other stites having Railroad Commissioners 
 the Commissioners may summon witnesses, administer 
 oaths and take testimony. (Sec. 25.) 
 
 The board may fix the route of a railroad in a sLty or 
 town when the town or city authorities cannot agree witu 
 the directors of the railroad concerning it (Sec. 4D; and' 
 the clerk of the board is to certify that the requirements 
 
57 
 
 of the law have been complied with before the articles of 
 association are filed. (Chap. 112. Sec. 44.) It may allow 
 a street railway company to increase its capital stock. 
 (Chap. 113, Sec. 15.) No railroad corporation may locate 
 or construct its road until a sworn estimate of the cost of 
 construction is submitted to the board, end the board is 
 satisfied that a certain amount of the stock has been sub- 
 scribed and paid in. (Chap. 112, Sees. 85, 86.) No rail- 
 road shall be constructed across another at the same grade, 
 nor across navigable waters without the consent of the 
 Commissioners. (Chap. 112, Sec. 118.) 
 
 No ra'lroad shall be open for use until the board exam- 
 ines it and certifies that the laws relating to its construc- 
 tion have been observed, and that it appears to be in a safe 
 condition. (Chap. 112, Sec. 141.) 
 
 If connecting companies cannot agree as to the periods 
 when nor the times upon which cars of the one shall be 
 drawn over the road of the other, nor as to the manner in 
 which passengers and freight shall be transferred, etc., 
 the board shall, upon the application of either patty, deter- 
 mine such matters, and app >rtion expenses, receipts, 
 etc. (Chap. 112, Sec. 218.) 
 
 The board has supervision of there-location of passenger 
 and freight stations. (Chap. 112, Sec. 157.) It may re- 
 vise the tariff for the care and carriage of milk, and for 
 the rates therefor. (Chap. 112, Sec. 193.) It may regu- 
 late the fares established by street railroad companies, 
 but not so as to reduce their profits below a certain per- 
 centage upon the cost of the road. (Chap. 113, Sec. 44.) 
 It miy make rules regulating the transportation of explo- 
 sives, the violation of which subjects to heavy penalties. 
 (Chap. 102, 62.) The board may approve of the use of 
 certain mechanical appliances, and may by written notice 
 revoke such approval. (Chap. 112, Sec. 174.) It may also 
 authorize running through trains on the Lord's day. 
 (Chap. 99, Sec. 15.)' 
 
 MICHIGAN. 
 
 A Commissioner of Railroads is to be appointed by the 
 Governor and the appointment Confirmed by the Senate. 
 As in Illinois and Iowa ? he must not bs disqualified by being 
 
58 
 
 interested in or connected with any railroad corporation. 
 (Ho well's Stats., Sscs. 3,285, 3,286.) Every company is to 
 report to him and he to the Governor yearly, substantially 
 as in Illinois. (Sees. 3,291, 3,294.) He is, however, em- 
 powered not only to examine the condition and manage- 
 ment of railroads and to employ expert assistants in so 
 doing, but to order repairs, direct the rate of speed of 
 trains passing over dangerous tracks, and even to stop their 
 running altogether, the company becoming liable to heavy 
 penalties for disobeying his orders. (Sec. 3,298.) 
 
 There are sections (3,299, 3,300) conferring certain powers 
 to regulate the business of connecting roads, which re 
 s^mble those of Massachusetts. He m-iy direct a corpora- 
 tion to station flagmen or erect bridges at crossings (Sec. 
 3,301\ and is to prosecute or cause prosecutions to be 
 brought for violation of any law pertaining to railroads 
 (Se :. 3,303). The Attorney -General and county attornoys 
 are to institute any proceedings or suits directed by the 
 Commissioner. (Sec. 3.304.) 
 
 It is the duty of the Commissioner to visit each c ainty 
 in which a station is located at least once in each year. 
 (Sec. 3,303.) 
 
 He may entertain petitions for railroad facilities, and in 
 certain cases require the:n to be furnished. (Sec. 3,307.) 
 
 There are several minor provisions defining his powers 
 and duties concerning the fences to be maintained by rail- 
 road companies, the signals to be used by them, etc. (Sees. 
 3,30^, 3,311.) By a later statute every company is to make 
 a numbly report to him concerning its earnings. (Sec. 
 3,312 a.) 
 
 MINNESOTA. 
 
 In this state tie Railroad Commissioner is elected by the 
 people, and his duties as defined by General Statute, Chap. 
 6, Section 69, aro to inquire into any neglect or violation of 
 the laws of this state, by any railroad corporation doing 
 business therein or by the officers, agents or employes of 
 any such company, and from time to time carefully to 
 examine and inspect the conditions of each railroad in this 
 state, its equipment and management, with relation to the 
 public sal'ety and convenience ; to examine into and ascer- 
 
59 
 
 tain the pecuniary condition and the manner of financial 
 management of each and every railroad company doing 
 business in this state. The companies are to report to him 
 annually, and he Is to make a yearly report to the Govern- 
 or, containing such fa-Jts, statements and explanations as 
 will disclose the workings of the system of railroad trans- 
 portation in this state, and its rel .tions to the general busi- 
 ness and prosperity of the citizens of the state ; also, such 
 suggestions and recommendations in respect t 1 ereto as may 
 to him seem api ropriate. ( 70, 71.) 
 
 MISSOURI. 
 
 It is the duty of the Governor, with the consent of the 
 Senate, to appoint three Railroad Commissioners. There 
 are the usual p ovisions as to eligibility. (Rev. Stat., Sec. 
 837.) The companies are annually to transmit reports to 
 the Commissioners answering 81 specified interrogatories. 
 (Sec. 841.) The Commissioners may classify certain freight, 
 and are further empowered and authorized to reduce rates 
 on any of said railroads or parts of railroads, either in 
 general or special classes, whenever, in their judgment, it 
 can be equitably done. (Sec. 842.) The Railroad Com- 
 missioners shall, as often as they may d( em it necessary, 
 carefully examine the condition of the several railroads of 
 this state, and it shall be the duty of said Railroad Com- 
 missioners, whenever they have reasonable grounds to 
 believe either on complaint or otherwise that any of the 
 tracks, bridges or other structures of any railroads in this 
 ^tate are in a condition which render any of them 
 dangerous or unfit for the transportation of passengers with 
 reasonable sif'ety, to inspect and examine the same; they 
 may thei ettpon order necessary repairs, and direct the 
 speed of trains unt 1 the -repairs are made. Heavy penalties 
 are incurred by disobeying the orders of the Commi?sioners, 
 and in case the disregard of the instructions of the Com- 
 missioners shall cause any accident whereby human life 
 shall be lost, or passengers maimed or wounded, the super- 
 intendent of tlie company, and the engineer and conductor 
 in charge of the train, shall severally be deemed guilty of 
 a felony, and on convi3tion thereof shall be imprisoned in 
 the penitentiary for a period of not less than two or more 
 
60 
 
 than ten years; and the Commissioners shall have power 
 wholly to stop the running of passenger trains over such 
 defective track, bridge or other structure; and they are 
 hereby required, in cise any company fail to repair such 
 track, bridge or other structure within the time required, 
 to give notice of such fact in some newspaper having a 
 general circulation along the line of said railroad to the 
 traveling public. (Sec. 843.) 
 
 The decision of the Commissioners with reference to 
 rates is binding on the companies, and there are penalties 
 imposed for charging higher rates. (Sec. 844.) 
 NEW HAMPSHIRE. 
 
 A Board of Railroad Commissioners consisting of three 
 persons shall be elected at the same time and in the same 
 manner as tbe Governor. (General laws, Chap. 157, Sec. 1.) 
 
 Said b 'ard shall perform all such duties in relation to 
 the laying out of railroads and the determination of ques- 
 tions relating to railroads as may be required by law. 
 (Sec. 6.) 
 
 One of said Commissioners, once at least in each year, 
 without previous notice, and whenever the Governor may 
 require it, shall make personally a full examination into 
 the condition of every railroad and the management of its 
 affairs ; inspect, so far as practicable, all books, records, 
 papers, notes, bonds, and other evidences of debt, and all 
 titles of property, deeds, and bills of sale belonging to its 
 proprietors, and ascertain whether they have performed 
 all their duties to the state and individuals, and whether 
 they have violated any provision of their charters, 
 or of the laws relating to railroad corporations or to raU- 
 roade. (Sec. 7.) 
 
 Said Commissioners shall, as soon as may be, report the 
 result of such examination to the Secretary of State, who 
 shall communicate the same in printed form to the Legis- 
 fcure at their next session. (Sec. 8. ) 
 
 No person interested in any railroad can be a Commis- 
 sionor. (Sec. 12.) 
 
 NEW JERSEY. 
 
 In New Jersey there is a so-called railroad commission, 
 consisting of the State Comptroller, Treasurer and Coin- 
 
61 
 
 missioner of Railroad Taxation. Its powers and duties re- 
 late to appraising, for the purposes of taxation, the value 
 of the propei ties of any railroad company which does not 
 make a return thereof as required by the tax laws. The 
 Commissioner has no important authority over the opera- 
 tion and management of railroads. (Act of April 13, 1876. 
 Revision 1877, p. 1168.) 
 
 NEW YORK. 
 
 The act of June 16, 1882, Laws 1882, Chap. 353, provides 
 that there shall be in and for the State of New York a 
 Board of Railroad Commissioners, to consist of three per- 
 sons appointed by tbe Governor by and with the ad- 
 vice and consent of the Senate. 
 
 Said Board of Commissioners shall have power to ad- 
 minister oaths in all matters relating to their duties, and 
 shall have the general supervisi* >n of railroads and railways 
 (so far as necessary to enable them to perform the duties 
 and exercise the power imposed and conferred by law), and 
 shall examine the same, and keep themselves informed as 
 to their condition, and the manner in which they are 
 operated, with reference to the security and accommoda- 
 tion of the public, and the compliance of the several cor 
 porations with the provisions of the:r charters and the laws 
 of the state ; it shall also be the duty of said Board of Rail- 
 road Commissioners to investigate the causes of any acci- 
 dent on a railroad, resulting in loss of life or injury to per- 
 son or persons which, in their judgment, shall require 
 investigation, and the result of such investigation shall 
 also be reported upon in the annual report of the Commis- 
 sioners to the Legislature ; and it is hereby made the duty 
 of the General Superintendent or Manager of each railroad 
 in this state to inform the said board of any such accident 
 immedi itely after its occurrence. Before proceeding to 
 make any such examination or investigation of the con- 
 dition or operation of any railroad in this state, or any ac- 
 cident thereon, in accordance with this act, said board 
 shall give reasonable notice to the corporation, person or 
 persons conducting and managing the same, of the time 
 and place of entering upon said examination. And such 
 Board of Ra : lroad Commissioners shall have power, for the 
 
62 
 
 purposes provided for in this act, to examine the books and 
 affairs of any railroad company or corporation, or to com- 
 pel the production of copies of books and papers, subpoena 
 witnesses, administer oaths to them, and compel their at- 
 tendance and examination, as though such subpoena had 
 issued from a c< >urt of record of this state. (Chap. 303, 
 Sec. 4.) 
 
 Whenever, in i he judgment of the Board of Rail=oad 
 Commissioners, it shall appear that any such corporation 
 has violated any constitutional provision or law, or neglects 
 in any respect or particulnr to comply with the terms of 
 the act by which it was created, or unjustly discriminates 
 in its charges for services, or usurps any authority not by 
 its act of inc -rporatiori granted, or refuses to comply with 
 the provisions of any of the laws of the state, or with any 
 recommendation of said Board of Commissioners, they 
 shall give notice thereof in writing to such corporation, 
 and if the violation or neglect is continued after such 
 notice, the board may forthwith present the fact to the 
 Attorney-General, who shall take such proceedings thereon 
 as may be necessary for the protection of public interests. 
 
 Whenever in the judgment of the said Board of Railroad 
 Commissioners, after a careful personal ex :mination of the 
 same, it shall appear that repairs are necessary upon any 
 railroad within this state, or that any addition to the roll- 
 ing stock, or any addition to or change of the stations or 
 station houses, or that additional terminal facilities shall 
 be afforded, or that any change in the rates of fare for 
 transporting freight or passengers, or that any change in 
 the mode of operating the road and conducting its business 
 is reasonable and expedient in order to p 1 ornate the secui ity, 
 convenience and accornm dation of the public, the Slid 
 board shall give notice and information in writing to the 
 corporation of the improvements and changes which they 
 deem to be proper, and shall give such corporation an op- 
 portunity for a full hearing thereon ; and if the corpora- 
 tion refuses or neglects to make such repairs, improvements 
 and changes, within a reasonable time after such information 
 and hearing, and shall not satisfy said board that no action 
 is required to be tak* n by it, the said board shall present 
 
63 
 
 the facts in the case to the Attorney-General for his con- 
 sideration and action ; and shall also report the same facts 
 in a special report or in the annual report of said board 
 to the Legislature. (Chap. 353, Sees. 5, 6.) 
 
 Every corporation shall at all times on request furnish 
 necessary information concerning the condition and man- 
 agement of its road, but the Commissioners shall not be 
 bound to give publicity to such information if the public 
 interests do not require it. (Sec. 7.) 
 
 The said Board of Railroad Commissioners shall make an 
 an mal report to the Legislature of their doings, including 
 such statements, facts and explanations as will disclose 
 the actual working of the system of railroad transportation 
 in its bearing upon the business and prosperity of the state, 
 and such suggestions as to the general railroad policy of 
 the state, or the amendment of its laws, or as to the 
 condition, affairs or conduct of any of the railroad corpor- 
 ations, as may seem to them appropriate. And the said 
 Board of Railroad Commissioners shall be charged with 
 the duty to recommend and draft for the Legislature such 
 bills as will, in their judgment, protect the people's inter- 
 est iu and upon the railways of this state. And it shall 
 1 kewise be the duty of such Commissioners to take testi- 
 mony upon, and have hearing for and against any proposed 
 change of the law relating to any railway or railwavs or 
 proposed change of the general law in relation to railways, 
 if requested to do so by the Legislature or by the Com- 
 mittee on Railroads of the Senate or Assembly, or by the 
 Governor, or by any railroad company, or by any incor- 
 porated organization representing agricultural or commer- 
 cial interests in the state, and such Commissioners shall 
 thereupon report their conclusions, in writing, to the 
 Legislature or to such legislative committee, governor, 
 company, or such organization from whom the request to 
 act emanated. (Sec. 9, Chap. 353.) 
 
 The Commissioners may prescribe the form of report to 
 be made by railroad corporations. (Sec. 10.) The total an- 
 nual expense of the Board of Commissioners is to be borne 
 by the railroads of the slate. (Sec. 13 ) 
 
 Said Railroad Commissioners shall not, directly or indi- 
 
64 
 
 rectly, solicit or request from, or recommend to, any rail- 
 road corporation or any officer, attorney or agent thereof, 
 the appointment of any person or persons to any place or 
 position, nor shall any railroad corporation, its attorney or 
 agent, offer any place, appointment or position or other 
 consideration to such Commissioners, or either of them, 
 nor to any clerk or employe of said Commissioners what- 
 ever ; neither shall said Commissioners, nor their Secre- 
 tary, clerks, agents, employes or experts accept, receive or 
 request any pass, present, gift or gratuity of any kind from 
 any railroad corporation, under penalty of forfeiture of 
 office, and any Commissioner who shall secretly reveal 
 any information gained by him from one railroad com- 
 pany to any other railroad company or person shall be 
 guilty of a misdemeanor. (Sec. 14.) 
 
 OHIO. 
 
 A Commissioner of Railroads and Telegraphs shall be 
 appointed by the Governor, with the advice and consent of 
 the Senate. No person interested in a railroad company is 
 eligible. (Rev. Stat., 1880, Sec. 245.) 
 
 When the Commissioner has reasonable grounds to be- 
 lieve, either on complaint or otherwise, that any of the 
 tracks, bridges, or other structures of any railroad in this 
 state are in a condition which rendprs them, or any of 
 them, dangerous, or unfit for the transportation of pas- 
 sengers, he shall forthwith inspect and e-xamine the same; 
 and if found to be unfit for the safe transportation of pas- 
 sengers, he may notify the railroad officials to make repairs, 
 etc., may prescribe the rate of speed for trains, or wholly 
 stop the running of passenger trains over the same. Those 
 disobeying his orders are to be severely punished. (Sec. 247.) 
 When the Commissioner, upon complaint or otherwise, 
 has reason to believe that any railroad company, or any 
 officer, agent, or employe of any railroad company, has 
 violated, or is violating, any of the laws of the state, he 
 shall examine into the matter. (Sec. 248.) 
 
 The railroads are to file in the Commissioner's office 
 annual reports giving information as to nearly sixty speci- 
 fied particulars. (Sec. 251.) 
 Every corporation or company operating a railroad, or 
 
65 
 
 any part of a railroad, within this state, shall, on demand 
 of the Commissioner, furnish him with copies of all leases 
 contracts, and agreements with express, sleeping car, 
 freight, or rolling stock companies, or other companies 
 doing business upon or in connection with such road. 
 (Sec. 256.) 
 
 The Commissioner is to be notified of all fatal railroad 
 accidents, and may examine into the cause of the same. 
 (Sec. 257.) The forfeitures and penalties provided for are to 
 be collected by civil actions brought by the county attor- 
 neys at the instance of the Commissioner, or of a citizen 
 who will become liable for costs. (Sees. 263, 262.) 
 
 The Commissioner shall make to the Governor annually 
 a report of the affairs and condition of all the railroad and 
 telegraph companies having lines in this state, and also of 
 accidents on railroads resulting in injuries to persons, and 
 the circumstances and cause thereof; and he shall include 
 in his report such other information and such suggestions 
 and recommendations as, in his opinion, are of importance 
 to the state. 
 
 There are several minor provisions to the effect that he 
 mu t enforce a statute requiring railroads to place mov- 
 able bridges between passenger cars (Sees. 3347 3350); re- 
 quiring his approval of all freightways to be constructed, 
 Sec. 3356. and allowing trains of one road to cross another's 
 track without previous!} 7 " stopping, on the company's using 
 certain appliances to be approved by the Commissioner. 
 (Laws 1882, p. 95.) 
 
 RHODE ISLAND. 
 
 The Governor shall appoint a Railroad Commissioner. 
 (Pub. Stats., Chap. 158, Sec. 1, p. 405.) He is to be notified 
 of any railroad accident within twenty -four hours after 
 t lie happsning thereof. (Sec. 18.) He shall thereupon or 
 upon rumor of such accident repair to the place thereof 
 and inquire into the facts and circumstances connected 
 therewith, and shall without charge furnish to any person 
 injured, or the friends of any person killed, such informa- 
 tion as he may obtain. (Sec. 28.) He shall, whenever ho 
 shall dcsm it expedient, personally examine into the pro- 
 ceedings of any railroad corporation . . . established 
 
this state, and report to the General Assembly, from 
 time to time, whether such facilities and accommodations 
 as are required by law are furnished, and into all the other 
 acts and doings of any such corporation whereby the rights 
 and privileges of this state or any of its citizens may be 
 affected. (Sec. 27.) 
 
 He may, on application of the authorities of any town, 
 and after due hearing, require a company to alter the 
 grade of a highway crossing its road so that said highway 
 shall pass over or under said railroad. Should the com- 
 pany neglect or refuse to obey the decision of the Commis- 
 sioner, said town authorities may make such alterations 
 and recover all charges and expenses from the corporation. 
 (Sees. 33-34.) 
 
 Railroads are to report annually to the Commissioner 
 such, facts as he may require. (Sec. 4.) The Commissioner 
 shall, every year, and oftener if he deem it necessary, re- 
 port to the General Assembly of the state the condition 
 and proceedings of the several railroad corporations, so 
 far as public interest may require the same. (Sec. 29.) 
 SOUTH CAROLINA. 
 
 Tii3 Railroad Commissioner shall be elected by a joint 
 vote of the General Assembly. He is not to be interest j d 
 in or connected with any railroad company. (General 
 Statutes, 1882, Sec. 1,451.) He is to have the general super- 
 vision of all railroads and rail ways in this state operated by 
 steaui, and shall examine the same and keep himself in- 
 formed as to their condition and the manner in wbich they 
 are operated, with reference to the security and accommo- 
 dation of the public, and the compliance of the several cor- 
 porations with the provisions of their charters and the 
 laws of the state. Whenever he shall be satisfied that a 
 corporation has neglected to comply with the terms of its 
 charter, or with the provisions of any of the laws of the 
 state, especially in regard to the connections with other 
 railroads, the rates of toll, and the time schedule, he shall 
 give notice thereof in writing to such corporation, and if 
 the violation or neglect is continued after such notice he 
 shall apply an iujunection to restrain it from further 
 violation of the law or of its charter. (Sec. 1,456.) He 
 
may notify a company to make necessary improvements 
 and changes in its rolling stock, station houses, etc., also 
 reasonable modifications of its rates of transportation, and 
 if the corporations fail to adopt his suggestions, may call 
 upon the Attorney-General to take such legal proceedings 
 as he may d9em expadient. (Sec. 1,457.) He is authorized 
 to investigate complaints and report to the General Assem- 
 bly, or if there be necessity for prompt action, he may 
 take such legal proceedings as may be proper. (Sec. 1,458.) 
 
 The Railroad Commissioner shall investigate the causes 
 of any accident on a railroad resulting in loss of life, and 
 of any accident not so resulting, which, in his judgment, 
 shall require investigation. 
 
 There are the ordinary provisions for an annual report, 
 which is to be made to the Legislature, with, a special re- 
 port of all accidents and the causes thereof, for the pre- 
 ceding year. (Sees. 1,462, 1,463.) 
 
 All pooling contracts are to be submitted to the Commis- 
 sioner for his approval, so far as they may be affected by 
 any of the provisions contained in this chapter, for secur- 
 ing to all persons just, equal and reasonable facilities for 
 transportation of freight and passengers : and if the agree- 
 ments violate any provision of the railroad laws, and are 
 not amended within five days after the parties thereto are 
 notified of the Commissioner's objections, he shall there- 
 upon call upon the Attorney-General to institute proceed- 
 ings to enforce certain penalties provided. 
 
 By an act passed in 1883, the South Carolina Railroad 
 Commissioner is required to establish rates of fare and 
 freight for the railroads of the state, very much as is done 
 in Georgia. 
 
 TENNESSEE. 
 
 The act establishing the Tennessee Railroad Commission' 
 passed in the spring of 1883, provides for a commission of 
 three persons, to be appointed by the Governor, and to hold 
 office till Jan. 1, 1885 ; their successors to be chosen by the 
 people, and to hold office for two years ; one commissioner 
 to be chosen from West, one from Middle and one from 
 East Tennessee. 
 
68 
 
 No person shall be qualified for a Commissionf r who 
 owns stock or i ^ connected with railroads. 
 
 The Commission is required to examine and revise tariffs, 
 and to hear and investigate all complaints and take neces- 
 sary ac'ion thereon. 
 
 The same law defines railroads as public highways, and 
 prohibits all discrimination against persons, corporations 
 and places ; but contracts for special rates for the purpose 
 of developing industrial enterprises are permitted. 
 
 The penalty for extortionate rates, or discrimination in 
 rates, is fixed at ten times the amount of damages, to be re- 
 covered by suit brought by the aggrieved party; but if the 
 rates charged have been approved by the Railroad Commis- 
 sion, only actual damage can be recovered. The Attorney- 
 General, on information of the Railroad Commission, must 
 bring suit for any violation of the law. The approval of 
 the Railroad Commission is prima facie evidence of the 
 reasonableness of the rates. Rates shall not be deemed 
 extortionate if it can be shown that the net earnings of a 
 road do not exceed a fair interest on its value as assessed 
 for taxation. Tariffs mu-t be posted at all stations. 
 
 Contracts for division of business or for buying off 
 competition are prohibited, and railroads are required to 
 receive all business offered to the extent of their facilities ; 
 provided that free transportation is not prohibited unless 
 offered to evade this law. 
 
 The law requires the Commission to inspect railroads and 
 require the companies to make such changes, repairs, etc., 
 as may be necessary for proper conduct of business. The 
 railroad companies must pass commissioners free and give 
 them all necessary facilities for inspection. The commis- 
 sioners to have general supervision over the railroads and 
 to keep themselves informed as to their condition, methods 
 of operating, etc. To investigate all accidents, with 
 authority to summon witnesses, and to make a report to 
 the Legislature yearly. 
 
 The Commission has the right to examine stock books 
 of companies, and is to confer with commissioners of 
 other states, with a view to securing uniform!' y of laws 
 relating to railroads. 
 
69 
 
 One peculiar section of this law, doubtless intended to 
 meet the objection that restrictive legislation would check 
 railroad construction, provides that " none of the provisions 
 of this act shall apply to any railroad now being con- 
 structed, or which may hereafter be'begun and constructed 
 in this state, until 10 years after the completion of such 
 new railroad." 
 
 VERMONT. 
 
 The Senate and House of Representatives are to elect a 
 Railroad Commissioner, who must not be a stockholder? 
 officer, trustee, assignee or lessee of any railroad. (Rev. 
 Laws, sec. 3,481.) 
 
 The Commissioner shall inquire into, examine and report 
 biennially to the Governor. 
 
 Any neglect or infringement of the laws for the regulation 
 of railroads by officers, employes or agents of such roads. 
 
 The condition of each railroad, its state of repair and its 
 conduct and management for the public safety. 
 
 The causes of the failure of proper railroad connections, 
 if there has been any, and wherein such failure consists. 
 
 The pecuniary condition and financial management of 
 the railroads for each of the two preceding years (Sec 
 8482); also cases wherein a company has exceeded its 
 powers or incurred a forfeiture of its franchises, that pro- 
 ceedings may be taken therefor. He shall also report what 
 further legal provision should, in his opinion, be adopted 
 in relation to railroads. (Sec. 3,483.) 
 
 The Commissioner may establish a uniform system of 
 keeping railroad accounts, and of making and publishing 
 returns of the condition of railroads, so as to conform, as 
 far as practicable, to a uniform system, adopted by the 
 states of Maine, Massachusetts, New Hampshire, Rhode 
 Island, Connecticut and New York. (Sec. 3,484.) 
 
 The management of each railroad shall make to the Com- 
 missioner under oath such returns and in such form and at 
 such time as he prescribes and makes known to them. 
 (Sec. 3486.) His salary and expenses are to be taxed upon 
 the railroad companies. (Sec. 3,491.) He is to prosecute 
 for certain offenses to bridges and ladders or steps of cars. 
 (Sees. 3,418-3,421.) 
 
70 
 
 VIRGINIA. 
 
 Chap. 254, Laws 1876-7, provides that there shall be a Rail- 
 road Commissioner to be elected by the General Assembly. 
 He must not be employed by or interested in any railroad 
 in this or any other state. (Sec. 1.) Said Commissioner is 
 to have the general supervision of all railroads in the state 
 operated by steam, is to examine them and keep himself 
 informed as to their physical condition, and the manner in 
 which they are operated, with reference to the security and 
 accommodation of the public, and also as to the compliance 
 of the companies ^'ith tl e provisions of the charters and 
 of the laws. (Sec. 2.) 
 
 Whenever it shall appear in the judgment of the Com- 
 missioner that a comp my has neglected to comply with 
 the terms of its charter or the provisions of the laws of the 
 state, especially concerning connections with other rail- 
 roads, the rates of toll and the time schedule, he shall give 
 notice thereof to such corporations, and if the violation 
 of neglect is continued, report the facts to the Board of 
 Public Works, and su-h board, if on inquiry it seems 
 proper or necessary, shall direct the Commissioner to 
 apply for an injunction to restrain . further contin- 
 uance of said unlawful acts. (Sec. 3.) He may inform a 
 corporation of repairs, additions, etc., deemed reasonable 
 and expedient for the security and convenience of the pub- 
 lic, and on its failure to adopt his requirements report the 
 facts to the Board of Public Works for its action. (Sec- 
 tion 4.) 
 
 Upon complaint of certain city, county or town authori- 
 ties, he may examine the physical condition of any road, 
 and if the complaint appears on investigation well founded, 
 may notify the company thereof, and on its failure to re- 
 move the cause of the complaint, inform the Board of Pub- 
 lic Works of his proceedings, etc. (Sec. 5.) 
 
 Annual returns are to be made to the Commissioner by 
 the companies (Sec. 10), and they are at all times to furnish 
 him with such information concerning the physical condi- 
 tion of their roads as he may require. (Sec. 7.) 
 
 The Commissioner is to report annually to the Legislature 
 such statements, facts, etc., as will disclose the actual 
 
71 
 
 w oik ing of the systtm of railroad transportation in its 
 bearings upon the business and prosperity of the state 
 such suggestions as to the general policy of the common- 
 wealth as may seem appropriate, with a special report of 
 all accidents and the causes thereof for the preceding year. 
 (Sec. 9.) 
 
 He is to investigate the cause of railroad accidents. 
 (Sec. 6.) 
 
 He is to employ experts when necessary. (Sees. 11, 13.) 
 
 The railroad companies are to bear the expenses of the 
 Commission. (Sec. 12.) 
 
 Chap. 234, Laws 1877-8, Amended Laws 1878-9, p. 367, 
 provide that tne Commissioner shall contract with the sev- 
 eral railroad companies doing business in the state for the 
 transportation of convicts and lunatics, with their attend- 
 ants. 
 
 Laws Ih78 9, p. 256, enact that it shall be the Commis- 
 sioner's duty to cause to be printed and posted at each 
 .railroad station such portions of the statutes regulating the 
 tolls of the railroads and otherwise prescribing their duties 
 as may seem proper to the Commissioner, together with 
 such explanations and suggestions as will inform the pub- 
 lic of their rights, and enable any person who may complain 
 of any violation of such statutes to have such violation 
 properly inquired into and punished. 
 WISCONSIN. 
 
 The Governor, by and with the advice and consent of 
 the Senate, shall appoint a Railroad Commissioner, who is 
 not to be a person employed by or interested in any rail- 
 road, freight or transportation company. (Rev. Stats., 
 Sees. 1,792-1,793.) 
 
 Such Commissioner shall inquire into any neglect or 
 violation of the laws of the state by any railroad corpora- 
 tion doing business therein, or by the officers, agents or 
 employes thereof, or by any person operating a railroad. 
 He shall inspect and examine the condition, equipment 
 and manner of management of all railroads, \* ith relation 
 to the public safety and convenience. He shall also exam- 
 ine and ascertain the pecuniary condition and the man- 
 ner of the financial management of every such railroad 
 
72 
 
 corporation. Whenever he shall receive any complaint in 
 writing, made by any citizen of this state, of any such 
 neglect or violation of law, and specifying the acts com- 
 plained of, such Commissioner shall investigate the same ; 
 and if he shall find such complaint well founded he may, 
 in his discretion, report the facts to the Attorney-General, 
 who shall thereupon prosecute an action thereon in the 
 name of and for the benefit of the party aggrieved, at the 
 expense of the state. (Sec. 1,794.) 
 
 The Commissiouer is to ascertain from each company, 
 through returns which they are required to make to 
 him, certain facts concerning their receipts, earnings, in- 
 debtedness, etc. These are to be forwarded to the State 
 Treasurer ; he is also, annually, to make a report to the 
 Governor of the transactions of his office for the preceding 
 year, and containing such information, suggestions or 
 recommendations in respect to the matters under his 
 charge, as he may deem proper. (Sec. 1,795.) 
 
 Section 1,797, as amended, laws of 1881, Chap. 224, page 
 269, allows him when necessary to employ experts to as- 
 sist him in examining bridges. 
 
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