show to be just; and said Commission shall accordingly fix the tariffs of charges for these railroads failing to furnish tariff of charges as above required. [Laws of 1897, chap. 10, section 22a.]

$1272. Texas.

The power and authority is hereby vested in the Railroad Commission of Texas, and it is hereby made its duty, to adopt all necessary rates, charges and regulations to govern and regulate railroad freight and passenger tariffs, the power to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this State, and to enforce the same by having the penalties inflicted as by this chapter prescribed through proper courts having jurisdiction.

1. The said Commission shall have power, and it shall be its duty, to fairly and justly classify and subdivide all freight and property of whatsoever character that may be transported over the railroads of this State into such general and special classes or subdivisions as may be found necessary and expedient.

2. The Commission shall have power, and it shall be its duty, to fix to each class or subdivision of freight a reasonable rate for each railroad subject to this Act for the transportation of each of said classes and subdivisions. [Revised Statutes

(1895), art. 4562.]

In Railroad Commission v. Weld & N., 00 Tex. 000, 73 S. W. 529 (1903), it was held that plaintiff in an action against the Railroad Commission does not, as required by Rev. St. 1895, art. 4566, show that the freight rate on cotton made by it is unreasonable and unjust to him because there is no car rate, and because it is the same amount per 100 pounds whether pressed to a density of 40 pounds to the cubic foot, as shipped by him, or to a density of only 221⁄2 pounds, as shipped by others.

In Gulf, C. & S. F. Ry. v. State (Tex. Civ. App.), 73 S. W. 429 (1903), it was held that where corn was reconsigned at T., a point within the State, the interstate shipment terminated at T., and that the further ship

ment to G. was intrastate business, for which defendant was only entitled to charge the rate fixed by the Texas Railroad Commission.

The fullest discussion of the powers of this Commission is to be found in Metropolitan Trust Co. v. Houston & T. C. R. R., 90 Fed. 683 (1898), where it is held that the Commission must not so reduce rates as to deprive the railroad of a fair return upon its investment.

§ 1273. Virginia.

The Commission shall have the power, and be charged with the duty, of supervising, regulating and controlling all transportation and transmission companies doing business in this State, in all matters relating to the performance of their public duties and their charges therefor, and of correcting abuses therein by such companies; and to that end the Commission shall, from time to time, prescribe, and enforce against such companies, in the manner hereinafter authorized, such rates, charges, classifications of traffic, and rules and regulations, and shall require them to establish and maintain all such public service, facilities and conveniences, as may be reasonable and just, which said rates, charges, classifications, rules, regulations and requirements, the Commission may, from time to time to come, alter or amend. All rates, charges, classifications, rules and regulations adopted, or acted upon, by any such company, inconsistent with those prescribed by the Commission, within the scope of its authority, shall be unlawful and void. [Constitution (1904), section 156 (6).]

81274. Wisconsin.

Section 14. Whenever, upon an investigation made under the provisions of this Act, the Commission shall find any existing rate or rates, fares, charges or classifications, or any joint rate or rates, or any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are unreasonable or unjustly discriminatory, or any service is inadequate, it shall determine and by order fix a reasonable rate, fare, charge, classification or joint rate

to be imposed, observed and followed in the future in lieu of that found to be unreasonable or unjustly discriminatory, and it shall determine and by order fixe a reasonable regulation, practice or service to be imposed observed and followed in the future, in lieu of that found to be unreasonable, or unjustly discriminatory, or inadequate as the case may be, and it shall cause a certified copy of each such order to be delivered to an officer or station agent of the railroad affected thereby, which order shall of its own force take effect and become operative twenty days after the service thereof. All railroads to which the order applies shall make such changes in their schedule on file as may be necessary to make the same conform to said order, and no change shall thereafter be made by any railroad in any such rates, fares or charges, or in any joint rate or rates, without the approval of the Commission. Certified copies of all other orders of the Commission shall be delivered to the railroads affected thereby in like manner, and the same shall take effect within such times thereafter as the Commission shall prescribe. [Laws of 1905, chap. 362.]

1275. Washington.

That the freight and passenger tariffs, charges for transportation of loaded or empty cars, charges for demurrage, and reciprocal demurrage, truckage, train service, waiting rooms for passengers and rooms for freight and baggage at all stations of railroads, and charges for each kind and class of property, money, papers, packages and all other things to be charged for and received by each express company on all such property, money, papers, packages and things which by the contract to carry are to be transported by said express company, to be demanded, collected, enforced, or performed by railroad or express companies shall be just, fair, reasonable, and sufficient, and the said Railroad Commission of Washington is hereby vested with power and authority, upon complaint made as here

inafter provided or by inquiry upon their own motion, after a full hearing, to make any finding declaring any existing rate for the transportation of person or property, or any regulation whatsoever affecting said rate or charge for transportation of loaded or empty cars or demurrage or reciprocal demurrage or the sufficiency of the train service and waiting rooms for passengers and rooms for freight and baggage to be unreasonable, or unjustly discriminatory, or insufficient, and to declare and order what shall be a just and reasonable rate, practice, regulation or thing to be charged, imposed, enforced, or performed or followed in the future in the place of that found to be unreasonable or unjustly discriminatory or insufficient; and the order of the Commission shall of its own force take effect and become operative twenty days after notice thereof has been. given to the railroad or express company affected thereby; which said order shall be served on railroad and express companies by delivery of a certified copy thereof under the seal of the Commission, either to the attorney for the railroad or express company or the said company itself. [Laws of 1905, ch. 81, section 3.]

1276. Conclusion.

Certain generalizations may be drawn from this collection of statutory provisions. In the first place the general powers of these commissions are considerable and are increasing. In a majority of States they have power to pass upon rates; and in a majority of these they have power to fix rates, their power in this last respect being established with greater detail than ever before, many States within a few years having passed new and sweeping legislation. Upon the whole, the tendency of the times is plainly to give to the Railroad Commissions the power to fix rates.

It has appeared at various points in the course of this treatise that it is practically impossible under our American constitutional system to exclude altogether the possibility of resort to the judicial courts by complainants who seek to show that they are being deprived of life, liberty and property without due process of law. For the courts consistently maintain the position. in recent times that there is deprivation of property if the rates which a railroad establishes are interfered with in an outrageous manner without showing of justification. In recognition of this situation it has become common in the more recent statutes to accept the conditions frankly, and to provide a regular method of access to the courts. Extracts from these statutes are included in this chapter, so that the reader may study this matter comparatively, if he be so minded.

$1282. Alabama.

That whenever any person or corporation operating a railroad fails or refuses to comply with any order of the Railroad Commission, it shall be the duty of said Commission, through its president to certify to the attorney-general the facts of such failure