[the] state; and if such company be operating a line of railway beyond the state they shall also take into consideration the rate charged or established for a substantially similar or greater service by such company in any other state in which said railroad company operates a line of railway.

2068. Decision. 22 G. A., ch. 28, § 20. After such hearing and investigation the said commissioners shall fix and determine the maximum charge to be thereafter made by the railroad company or common carriers complained of, which charge shall in no event exceed the one now, or hereafter fixed by law, and the said commissioners shall render their decision in writing; and shall spread the same at length in the record to be keep for that purpose; such decision shall, specifically, set out the sums or rate which the railroad company or common carrier, so complained of, may thereafter charge or receive for the service therein named and including a classification of such freight, and the said commissioners shall not be limited in their said decision and the schedule to be contained therein to the specific case or cases complained of but it shall be extended to all such rates between points in this state and whatever part of the line of railway of such company or common carrier within this state as may have been fairly within the scope of such investigation, and any such decisions so made and entered on record of said commissioners, including any such schedules and classifications, shall, when duly authenticated be received and held in all suits brought against any such railroad corporation or common carrier wherein is in any way involved the charges of any such corporation or carrier mentioned in said decisions, in any of the courts of this state, as prima facie evidence that the rates therein fixed are reasonable maximum rates, the same as the schedules made by said commissioners as provided in section seventeen thereof [§ 2065]; and the rates and classifications so established after such hearing and investigation shall from time to time thereafter upon complaint duly made be subject to revision by said commissioners the same as any other rates and classifications.

2069. Proceedings of commissioners. 22 G. A., ch. 28, § 21. That the said board of railroad commissioners may in all cases conduct its proceedings when not otherwise particulary prescribed by law, in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commissioners shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said commissioners may from time to time make or amend such general rules, or orders, as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform as nearly as may be to those in use in courts of this state. Any party may appear before said board of commissioners and be heard in person or by attorney. Every vote and official action of said board of commissioners shall be entered of record and its proceedings shall be public upon the request of either party or any person interested. Said board of railroad commissioners shall have an official seal, which shall be judicially noticed, and every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before said board.

2070. Annual Reports. 22 G. A., ch. 28, § 22. The said board of railroad commissioners is hereby authorized to require annual reports from all

common carriers subject to the provisiors of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the said commissioners may need information. Such annual reports shall show in detail the amount of the capital stock issued, the amounts paid therefor, and the manner of the payment of the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and floating debts and the interest paid thereon; the costs and value of the carrier's property, franchises and equipment; the number of employees, and the salaries paid each class; the amounts expended for improvements each year, how and where expended and the character of such improvements; the earnings and receipts from each branch of business, and from all sources; the operating and other expenses; the balances of profit and loss; and a complete exhibit of the financial operations of the carrier each year, including an annual balance sheet. Such reports shall also contain such information in relation to rates or regulations, concerning fares or freights, or agreements, arrangements, or contracts with other common carriers as the commissioners may require; and the said board of commissioners may within its discretion for the purpose of enabling it the better to carry out the purpose of this act (if in the opinion of the commissioners it is practicable to prescribe such uniformity and methods of keeping accounts), prescribe a period of time within which all common carriers subject to the provisions of this act, shall have as near as may be a uniform system of accounts and the manner in which such accounts shall be kept.

2071. Extortion; penalty. 22 G. A., ch. 28, § 23. If any railroad corporation or common carrier subject to the provisions of this act, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description or for the use and transportation of any railroad car upon its track, or any of the branches thereof, or upon any railroad within this state which it has the right, license or permission to use, operate or control or shall make any unjust and unreasonable charge prohibited in section two of this act [§ 2050], the same shall be deemed guilty of extortion, and shall be dealt with as hereinafter provided, and if any such railroad corporation (or common carrier) shall be found guilty of any unjust discrimination as defined in section three of this act [§ 2051], upon conviction thereof, shall be dealt with as hereinafter provided.

2072. Discrimination; punishment. 22 G. A., ch. 28, § 24. If any such railroad corporation shall charge, collect or receive for the transportation of any passenger or freight of any description upon its railroad for any distance within this state, a greater amount of toll or compensation than is at the same time charged, collected or received for the transportation in the some direction of any passenger or like quantity of freight of the same class over a greater distance of the same railroad: or if it shall charge, collect or receive at any point upon its railroad a higher rate of toll or compensation for receiving, handling or delivering freight of the same class and quantity, than it shall at the same time charge, collect or receive for the transportation of any passenger or freight of any description over its railroad a greater amount as toll or compensation than shall at the same time be charged, collected or received by it for the transportation of any passenger or like quantity of freight of the same class being transported in the same direction over

any portion of the same railroad of equal distance; or if it shall charge, collect or receive from any person or persons a higher or greater amount of toll or compensation than it shall at the same time charge, collect or receive from any other person or persons for receiving, handling or delivering freight of the same class and like quantity, at the same point upon its railroad; or if it shall charge, collect or receive from any person or persons, for the transportation of any freight upon its railroad; a higher or greater rate of toll or compensation than it shall, at the same time, charge, collect or receive from any other person or persons, for the transportation of the like quantity of freight of the same class, being transported from the same point in the same direction, over equal distances of the same railroad, or if it shall charge, collect or receive, from any person or persons, for the use and transportation of any railroad car or cars upon its railroad, for any distance, a greater amount of toll or compensation than is at the same time charged, collected or received from any other person or persons, for the use and transportation of any railroad car of the same class or number, for a like purpose, being transported in the same direction, over a greater distance of same railroad; or if it shall charge, collect or receive from any person or persons, for the use and transportation of any railroad car or cars upon its railroad, a higher or greater compensation in the aggregate, than it shall, at the same time, charge, collect or receive from any other person or persons, for the use and transportation of any railroad car or cars of the same class for a like purpose, being transported from the same original point, in the same direction, over an equal distance of the same railroad; all such discriminating rates, charges, collection or receipts whether made directly or by means of any rebate, drawback, or other shift or evasion, shall be deemed and taken, against such railroad corporation, as prima facie evidence of the unjust discriminations prohibited by the provisions of this act; and it shall not be deemed a sufficient excuse or justification of such discrimination on the part of said railroad corporation, that the railway station or point at which it shall charge, collect or receive less compensation in the aggregate for the transportation of such passenger or freight, or for the use and transportation of such railroad car the greater distance than for the shorter distance, is a railway station or point at which then exists competition with any other railroad or means of transportation. This section shall not be construed so as to exclude other evidence tending to show any unjust discrimination in freight and passenger rates. The provisions of this section shall extend and apply to any railroad, the branches thereof, and any road or roads which any railroad corporation has the right, license or permission to use, operate or control wholly or in part, within this state; provided, however, that nothing herein contained shall be so construed as to prevent railroad corporations from issuing commutation, excursion or thousand-mile tickets; provided the same are issued alike to all applying therefor.

2073. Discrimination as to quantity. 22 G. A., ch. 28, § 25. It shall be unlawful for any such common carrier to charge, collect, demand or receive more for transporting a car of freight than it at the same time charges, collects demands or receives per car for several cars of a like class of freight over the same railroad, for the same distance, in the same direction, or to charge, collect, demand or receive more for transporting a ton of freight than it charges, collects, demands or receives per ton for several tons of

freight under a car load of a like class of freight over the same railroad for the same distance, in the same direction, or to charge, collect, demand or receives more for transporting a hundred pounds of freight than it charges, collects, demands or receives per hundred for several hundred pounds of freight, under a ton, of a like class of freight over the same railroad, for the same distance, in the same direction, all such discriminating rates, charges, collections or receipts, whether made directly or by means of any rebate, drawback or other shift or evasion, shall be deemed and taken against such * railroad company as prima facie evidence of the unjust discrimination prohibited by this act; provided, however, that for the protection and development of any new industry within this state, such railroad company may grant concessions or special rates for any agreed number of car loads, but such special rates aforesaid shall first be approved by the board of railroad commissioners, and a copy thereof filed in the office thereof.

2074. Penalty for discrimination. 22 G. A., ch. 28, § 26. Any such railroad corporation guilty of extortion or making any unjust discrimination as to passenger or freight rates for the use and transportation of railroad cars or in receiving, handling or delivering freights shall upon conviction thereof be fined in any sum not less than one thousand dollars nor more than five thousand dollars for the first offense; and for every subsequent offense not less than five thousand dollars nor more than ten thousand dollars, such fine to be imposed in a criminal prosecution by indictment, or shall be subject to the liability prescribed in the next succeeding section to be recovered as therein provided.

2075. Forfeiture. 22 G. A., ch. 28, § 27. Any such railroad corporation guilty of extortion or of making any unjust discrimination as to passenger or freight rates or the rates for the use and transportation of railroad cars, or in receiving, handling or delivering freights shall forfeit and pay to the state of Iowa not less than one thousand dollars nor more than five thousand dollars for the first offense and not less than five nor more than ten thousand dollars for every subsequent offense to be recovered in a civil action by proceedings instituted in the name of the state of Iowa. And the release from liability or penalty provided for in section fifteen of this act [§ 2063] shall not apply to either a criminal prosecution under the last preceding section or a civil action brought under this section.

Although this section defines the action for penalty as a civil action, such an action brought by the state is in nature criminal and cannot be removed to the federal courts. State of Iowa v. Chicago, B. & Q. R. Co., 37 Fed. Rep.,

497.

2076. Suits by commissioners. 22 G. A., ch. 28, § 28. Whenever said railroad commissioners have good reason to believe, that any railroad corporation or common carrier subject to the provisions of this act has been guilty of extortion or unjust discrimination and thereby become liable to the penalties prescribed in sections twenty six and twenty-seven hereof [§§ 2074, 2075], it shall be their duty to immediately cause suits to be commenced and prosecuted against any such railroad corporation or common carrier. Such suits and prosecutions may be instituted in any county of this state through or into which the line of the railroad corporation sued for violation of this act may extend. And such railroad commissioners are hereby authorized,

when in their judgment, it is necessary so to do, to employ counsel to assist the attorney-general in conducting such suit on behalf of the state. No such suits commenced by said commissioners shall be dismissed unless the said commissioners and the attorney-general shall consent thereto. And the court may in its discretion give preference to such suits over all other business except criminal cases.

2077. Free transportation; reduced rates. 22 G. A., ch. 28, § 29. Nothing in this act shall apply to the carriage, storage or handling of property free or at reduced rates for the United States or this state or municipal governments or for charitable purposes, or to and from fairs and expositions for exhibition thereat or for the employees of such common carriers or their families or private property or goods for the family use of the employees of such common carriers, or the issuance of mileage, excursion or commutation passenger tickets. Nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to prevent railroads from giving free carriage to their own officers and employees and their families dependent upon said officer or employee for support and to persons in charge of live-stock being shipped from the point of shipment to destination and return, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies; provided, that no pending litigation shall in any way be affected by this act. 2078. Commissioners transported free. 22 G. A., ch. 28, § 30. The said railroad commissioners and their secretary shall have the right of free transportation in the performance of their duties concerning railroads, on all railroads and railroad trains in this state; and they may take with them experts or other agents whose services they may require and who shall in like manner be transported free of charge.

2079. Appropriation. 22 G. A., ch, 28, § 31. To defray the necessary expenses of the said railroad commissioners in making investigations and prosecuting suits and to pay all necessary costs attending the same under the provision of this act there is hereby appropriated, out of any money in the state treasury not otherwise appropriated, the sum of ten thousand dollars or so much thereof as may be necessary, to be drawn upon warrants of the state auditor issued upon the requisition of said commissioners, approved by the governor, which requisition shall be accompanied by an itemized statement of the costs and expenses to be paid.

2080. 22 G. A., ch. 28, § 32. Section eleven of chapter seventy-seven of the acts of the seventeenth general assembly in relation to the board of railroad commissioners, and all laws now in force in direct conflict with any of the provisions of this act, are hereby repealed.