Transferring freight in less than carload lots.

Through joint rates, how established.

When to take effect.

Agreement by roads before promulgation by commission.

[Less than car load lots shall be transferred into the connecting railway cars at cost, which shall be included in and made a part of the joint rates adopted by such railway companies, or established as provided by this act. When shipments of freight to be transported between different points within this state, are required to be carried by two (2) or more railway companies operating connecting lines, such railway companies shall transport the same at reasonable through rates, and shall at all times give the same facilities and accommodations to local or state traffic as they give to interstate traffic over their lines of road.]

such

[(c.) In the event of that said railway companies fail to establish through joint rates or fail to establish and charge reasonable rates for such through shipments, or fail to establish between themselves the rates and terms upon which cars of one company shall be transferred in such through shipments from the line of one company to the other and returned, or fail to provide for the convenient and prompt transfer of through freight from the cars of the receiving company to those of the connecting line, it shall be the duty of the railroad and warehouse commission of this state, and said commission is hereby directed, upon the application of any person or persons interested, to establish reasonable joint rates for the shipment of freight and cars over any two or more connecting lines of railroad in this state, and to prescribe the reasonable rules under which any such cars so transferred shall be returned; and in establishing, changing or revising any such rates they shall take into consideration the average of rates charged by said railway companies operating such connecting lines for joint interstate shipments for like distances.]

[The rates established by said commission shall go into effect within ten (10) days after the same are promulgated by said commission and from and after that time the schedule of rates so established, shall be prima facie evidence in all the courts of this state that such rates are reasonable through rates for the transportation of freight and cars upon the railroads for which such schedule shall have been fixed.]

[ (d.) Before the promulgation of such rates or rules, as above provided, the railroad and warehouse commission shall notify the railroad companies interested in the schedule of joint rates fixed by them, and they shall give said railroad companies a reasonable time thereafter to agree upon a division of charges provided for in such schedule; and in the event of the failure of

furnished shall be divided as equally as may be among
the applicants until each shipper shall have received,
'at least, one car, when the balance shall be divided
ratably in proportion to the amount of daily receipts
of grain, or other freight, to each shipper, or to the
amount of grain offered at such station on side tracks.
(c.) There shall in no case be more than one termi-
nal charge for switching or transferring any car,
whether the same is loaded or empty, within the limits
of any one city or town. If it is necessary that any
car pass over the tracks of more than one company,
within such city or town limits, in order to reach its
final destination, or to be returned therefrom to its
owner or owners, then the company first switching or
transferring such car shall be entitled to receive the
entire charge to be made therefor and shall be liable
to the company or companies doing the subsequent
switching or transferring thereof for it or their reason-
able and equitable share of the compensation received,
and if the companies so jointly interested therein can-
not agree upon the share thereof which each is en-
titled to receive, the same shall be determined by the
board of railroad and warehouse commissioners, whose
decision thereon shall be final and conclusive upon all
parties interested, and the said board are authorized
to establish such rules, regulations in that behalf as to
them may seem just and reasonable and not in conflict
with this act. 38 M 281.

Sec. 8. (a.) That every common carrier subject to the provisions of this act shall, within sixty (60) days after this act shall take effect, print, and thereafter keep for public inspection, schedules showing the classification, rates, fares and charges for the transportation of passengers and property of all kinds and classes which such common carrier has established, and which are in force at the time, upon its railroad, as defined by the first section of this act. This schedule, printed as aforesaid by such common carrier, shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain "classification of freight" in force upon each of the lines of such railroad, a distance tariff, and a table of interstation distances, and shall also state separately the terminal charges, and any rules or regulations which in anywise change, affect or determine any part of the aggregate of such aforesaid rates, fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be kept in every depot and station upon any such rail

One terminal switching at

charge for

terminals.

Common
print and keep
for public
inspection,
schedules.

carriers shall

Ten days' notice to be given of any change in schedules.

Unlawful to charge more

in schedules.

road, in such places and in such form that they can be conveniently inspected.

(b.) No change of classification shall be made, and no charge (change) shall be made in the rates, fares and charges, which have been established and published as aforesaid, by any common carrier, in compli ance with the requirements of this section, except after ten (10) days' public notice, which notice shall plainly state the changes proposed to be made in the schedules then in force, and the time when the changed schedules will go into effect, and the proposed changes will be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept for public inspection.

(c.) And when any common carrier shall have estabthan specified lished and published its classifications, rates, fares and charges, in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any service in connection therewith, than is specified in such published schedule of classifications, rates, fares and charges as may at the time be in force.

Co mmissioners to be furnished with copies of all schedules,

(d.) Every common carrier subject to the provisions of this act shall file with the commission hereafter provided for in section ten (10) of this act, copies of contracts and its schedules of classifications, rates, fares and charges,

agreements,

and to be notified of all changes.

which have been established and published in compliance with the requirements of this section, and shall promptly notify said commission of all changes proposed to be made in the same. Every (such) common carrier shall also file with said commission copies of all contracts, agreements or arrangements with other common carriers in relation to any traffic affected by the provisions of this act, to which contracts, agreements or arrangements it may be a party. And in cases where passengers or freight pass over lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint schedules of rates or fares, or charges or classifications for such lines or routes, copies of such joint schedules shall also, in like manner, be filed with said commission. Such joint schedules of rates, fares, charges and classifications, for such lines, so filed as aforesaid, shall also be made public by such common carriers in the same manner as herein before provided for the publication of tariffs upon its own lines.

forwarded by

common

"(e.) That upon complaint, duly verified, of any per- be verified, Complaints to son, firm, corporation or association, or any mercantile, copy to be agricultural or manufacturing society, or any body commission to politic or municipal organization, that any part of the carrier. tariff of rates, fares, charges or classifications so filed and published, as hereinbefore provided, are in any respect unequal or unreasonable, the commission shall forward a copy of such complaint to the common carrier complained of, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the commission, and to serve a copy of such answer on the complainant. 'If the common carrier shall change the tariff of If common rates, fares, charges or classifications as demanded by the complainant within the time specified by the commission, proceedings shall be dropped.

carrier change

schedules,

proceedings to
be dropped.

Failure of

rier to answer

or comply.
Hearing be-

sion.

witnesses to

"If the common carrier shall refuse or neglect to common carmake such changes, the commission shall set time and place for a hearing in the matter, of which at least ten (10) days' notice shall be given to the complainant fore commisand the common carrier complained of. Such notice shall be served either by mailing a copy thereof to some general officer of such common carrier, or personally "For the purpose of such investigation the commission shall have the power to require the attendance of witnesses and the production of al' books, papers, contracts, agreements and documents that relate to the matter under investigation, and to that end may invoke the aid of any court in this state, requiring the attendance of witnesses and the production of books, papers and documents, under the provisions of this section.

"Witnesses may be introduced and evidence given by either party at all hearings before the commission. "After due consideration by the commission of all the evidence produced at such hearing or hearings, the commission shall make its report in writing to the complainant and to the common carrier complained of. If the tariff of rates, fares, charges and classifications so complained of shall be found by the evidence to be unequal or unreasonable, the commission shall state wherein they are unequal or unreasonable, and shall make a tariff of rates, fares, charges and classifications which shall be substituted for the tariff complained of. "Such tariff of rates, fares, charges or classifications, so made by the commission, shall be deemed and taken in all courts of this state as prima facie evidence that the tariff of rates, fares, charges or classifications so made is equal and reasonable, and such tariff so made

attend, and the
production of

all books and
ments.

other docu

Commission

to report in
writing find-

ing of facts.

Changes in
made by com-
mission to be

schedules

in force pend-
ing appeal.

Commission

ers to print schedules if

common car

do so.

shall be in full force and effect during the pendency of any appeal that may be taken in the matter to the courts.

"(f.) In case such common carriers shall neglect or refuse, after the time for appeal as hereinafter prorier refuses to vided has expired, to adopt such tariff of rates, fares, charges and classifications, so made by the commission, it shall be the duty of the commission to publish such tariff of rates, fares, charges and classifications as they have declared to be equal and reasonable, in such manner as the commission shall deem expedient, and that thereafter it shall be unlawful for such common carrier to charge or maintain a higher or lower rate, fare, charge or classification than that so fixed by said commission, unless and until a court of competent jurisdiction shall have otherwise ordered and decreed.” (As amended in 1891.)

Commission

may proceed

tion to inves

tigate tariff

rates, fares

and classification.

[Provided, however, the commission may at any on its own mo- time, although no complaint has been filed with it as hereinbefore provided, proceed upon its own motion to investigate the reasonableness of the tariff of rates, fares, charges or classifications, or any part thereof, so filed and published as hereinbefore provided, and for such purpose it shall have the same power to require the attendance of witnesses and the production of all or any books, papers, contracts, agreements and documents that relate to the matter under investigation, and to invoke the aid of any court in this state, requiring the attendance of witnesses and the production of books, papers and documents, as when complaint has been filed as hereinbefore provided. Provided, further, that before it shall determine or find that any tariff of rates, fares, charges and classification is in whole or in part unjust or unreasonable, it shall notify the common carrier in writing that it has under consideration the reasonableness of said tariff, in whole or in part, as the case may be, and afford such common carrier a reasonable opportunity to be heard, at such time as shall be appointed therefor, and thereupon the proceeding shall be conducted, so far as practicable, in the same manner as proceedings are conducted pursuant to the filing of a complaint.]

Commission established.

Antendment in brackets approved March 22nd, 1897. Sec. 9. (a.) That a commission is hereby created and established, to be known as the "Railroad and warehouse commission of the State of Minnesota," which shall be composed of three (3) commissioners, who shall be appointed by the governor, by and with the advice and consent of the senate.