no indication of ownership and in case of loss is irrecoverable; and is without means of identification of the owner by the finder, unless the purchaser has, contrary to the intention, prematurely signed the Refund Application Slip. The ticket, if lost, mislaid or stolen, will not be replaced nor will any refund be made on such account; neither will notification of its loss be given to conductors.

VI. That some years ago the defendants, and particularly the Pennsylvania Railroad Company, issued a one thousand mileage ticket for the sum of twenty dollars ($20.00), or at the rate of two cents a mile for a thousand miles of travel, and placed no restrictions upon the use of the book such as are now exacted.

VII. That complaint was made by a respresentative body of constant travellers to the Secretary of Internal Affairs, who held a hearing, and thereafter, under the authority of Article IV, Section 19, and Article XVII, Section 11, of the Constitution of Pennsylvania, and the Act of the Assembly of 11th of May, 1874 (P. L. 135), certified his opinion to the Attorney General, whose duty it became "by an appropriate legal remedy to redress the same by a proceeding in the courts, at the expense of the State."

VIII. That, to avoid a multiplicity of suits and as representing tens of thousands of travelling citizens of the Commonwealth, this bill is filed in the name of the Commonwealth.

IX. That it is objected to said tickets, as sold by the defendants, that they are unreasonable, unfair, unjust and illegal in their terms and conditions, contrary to the common law as controlling common carriers, and contrary to the Constitution of the State of Pennsylvania, in that:

(a) If the tickets, sold for the sum of Thirty dollars ($30.00) are not to be regarded as a charge of three cents per mile for each thousand miles of travel, but at the rate of two cents per mile with the right to a refund of ten dollars, they exact a pecuniary pledge of compliance on the part of the purchaser with the conditions of the ticket in the shape of a compulsory deposit with the railroad company of one-third of the price of the ticket.

(b) That it forces the passenger to give bail for his conduct.

(c) That it takes the passenger's money to protect the railroad companies against scalpers, whereas the companies are already under the protection of the law, notably the acts of May 1, 1861 (P. L. 465), May 6, 1863 (P. L. 582), and April 10, 1872 (P. L. 51).

(d) That it forces the traveling many to guarantee the good behavior of the bad few.

(e) That it imposes all the chances of loss upon the ticket holder and forfeits his money in addition to subjecting him to the loss of his property.

(f) That it subjects the holder to the annoyance, expense and delay of reclaiming his ten dollars for each ticket by sending him to a commissioner in possession of the fund in a foreign State, and occupying an average of two weeks' time before the refund can be secured.

(g) That in case of several tickets, with unused portions too small for long rides, in the possession of the same holder, a very considerable sum of the passenger's money is in the hands of the railroad companies without interest.

(h) That the time limit of redemption is unreasonably short, and at variance with the custom of redemption of other tickets.

(i) That the place of reclaiming is unreasonable, as being outside of the state.

(j) That the requirement that signatures to identification slips must be given to every conductor, and to each successive conductor, is an unreasonable exaction, and an unnecessary and illegal annoyance of the passsenger.

(k) That the provision that no one but the owner and original purchaser can use said ticket is an unreasonable and annoying restriction.

(1) That the restriction of the sale of such tickets to those who can read, write, see and hear debars the cripple in the hand, the blind, the deaf, the ignorant, the aged and the foreigner uninstructed in our language or our ways from its purchase,

(m) If the tickets, sold for the sum of thirty dollars, are to be regarded as a charge of three cents a mile, then it is in violation of the two-cent rate formerly established for one thousand miles of travel, and is a discrimination contrary to the Constitution of the Commonwealth, particularly as set forth in Article XVII, Sections 3 and 7.

(n) That if the tickets are to be regarded as commutation or excursion tickets, then they contain unfair discriminations against the holders, and in favor of the holders of what are generally known as commutation or excursion tickets, to which no such conditions are attached.

(p) That the tickets in question are not to be regarded as commutation or excursion tickets, and are not within the constitutional provision in Article XVII, Section 3.

(p) That there are too many exceptions and restrictions as to the use of said tickets between certain places and upon certain roads and parts of roads.

(q) That the said tickets contain other unreasonable, unfair and illegal conditions.

(r) That whatever the theoretical rate per mile at which the ticket is sold, the delay of obtaining a refund, occupying an average of two weeks' time, and the overlapping of partially used books, make the actual rate three cents per mile, and thus discriminates unfairly in favor of the holder of tickets sold at a two-cent rate, to which no such conditions are attached.

Wherefore, the Commonwealth, showing that there is no adequate remedy at law, prays:

I. That the defendants, their officers, agents and employes may be perpetually enjoined from the issue and sale of said tickets within this Commonwealth.

II. That they be perpetually enjoined from the exaction of more than two-cent rate for one thousand miles of travel.

III. That they be perpetually enjoined from the exaction of a ten-dollar deposit or of any deposit as a part of the price of said ticket, even though it be reclaimable.

IV. That they be perpetually enjoined from making discriminations in the price of tickets of substantially the same character for long distances, or frequent travel.

V. That they be restrained from accepting such tickets from other roads, and from acting as agents of other roads in disposing of such tickets, and particularly the Baltimore & Ohio, Chesapeake & Ohio, and the Norfolk & Western Railroad Companies.

VI. Further relief as to your Honors shall seem meet.

And she will ever pray, &c.

HAMPTON L. CARSON,

Attorney General.

In the matter of the complaint of H. W. Bartol versus the Balti more and Cumberland Valley Railroad Extension Company and the Western Maryland Railroad Company.

THE COMPLAINT.

To Isaac B. Brown, Secretary of Internal Affairs, Pennsylvania. The petition of W. H. Bartol respectfully states:

That he is a citizen of the State of Pennsylvania. That he is the owner of preferred stock in the Baltimore and Cumberland Valley Railroad Extension Company, incorporated under the laws of the State of Pennsylvania. That the line of the said road extends from Waynesboro, Pa., to Shippensburg, Pa., and is wholly within the limits of the State of Pennsylvania. That the said Baltimore and Cumberland Valley Railroad Extension was leased to the Western

Maryland Railroad Company for a period of fifty years from July 1, 1881, a corporation chartered by the State of Maryland. That the said Western Maryland Railroad Company is at present operating the Baltimore and Cumberland Valley Railroad Extension.

That under the laws of the State of Pennsylvania it is made the duty of each railroad, canal, navigation, telegraph and telephone company, or other corporation, operating or controlling lines or works in whole or in part within the limits of this State, to make out and return to the Secretary of Internal Affairs a complete report, according to the form to be prescribed by said Secretary, which, among other things, shall embrace in detail the operations of said corporations during the fiscal year, together with such other information as the Secretary shall direct. That the same is to be kept in the Bureau of Railroads. That the Baltimore and Cumberland Valley Extension Company in pursuance thereof made out and returned a report to the Secretary, which report contains no account of operation nor statement of earnings and expenses. That in pursuance of the said laws of the State of Pennsylvania the Western Maryland Railroad Company made out and returned a report to the Secretary, which report contained no account of operation nor statement of earnings and expenses, of the Baltimore and Cumberland Valley Railroad Extension Company. That the Western Maryland Railroad Company from the year 1881 to and including September 30, 1901, kept a detailed account of the operation of the Baltimore and Cumberland Valley Railroad Extension, and it is believed said reports were made out and returned to the Secretary of Internal Affairs. That since that time both the said corporations have declined to give any information of the operations of the Balti more and Cumberland Valley Railroad Extension Company.

Wherefor the petitioner respectfully asks that the Secretary of Internal Affairs of the State of Pennsylvania shall investigate such charges and require from said corporation or corporations a special report, as enjoined in the Constitution of the State.

H. W. BARTOL.

H. W. Bartol, the petitioner above named, being duly sworn according to law, says that the facts set forth in the above petition are true to the best of his knowledge and belief. Dated the twentyeighth day of November, A. D. 1906.

Witness my hand and notarial seal. (Seal.)

H. W. BARTOL.

W. T. Steel, Notary Public. Commission expires January 19th, 1907.

The above complaint was received in the office of the Secretary of Internal Affairs on the twenty-ninth day of November, 1906.

Section II, Article 17 of the Constitution relating to the powers and duties of the Secretay of Internal Affairs with reference to transportation companies is as follows:

"The existing powers and duties of the Auditor General in regard to railroads, canals and other transportation companies, except as to their accounts, are hereby transferred to the Secretary of Internal Affairs, who shall have a general supervision over them, subject to such regulations and alterations as shall be provided by law; and, in addition to the annual reports now required to be made, said Secretary may require special reports at any time upon any subject relating to the business of said companies from any officer or officers thereof."

In section 4 of the Act approved the 11th day of May, 1874, Pamphlet Laws, page 138, is the following:

"The Secretary of Internal Affairs shall discharge such duties relating to corporations, to the charitable institutions, the agricultural, manufacturing, mining, mineral, timber and other material or business interests of the State as may be prescribed by law. It shall be his especial duty to exercise a watchful supervision over the railroad, banking, mining, manufacturing and other business corporations of the State, and to see that they confine themselves strictly within their corporate limits; and in case any citizen or citizens shall charge, under oath, any corporation with transcending its corporate functions or infringing upon the rights of individual citizens, said Secretary shall carefully investigate such charges, and may require from said corporation a special report, as enjoined in the Constitution of the State; and in case he believes the charges are just, and the matter complained of is beyond the ordinary province of individual redress, he shall certify his opinion to the Attorney General of the State, whose duty it shall be, by an appropriate legal remedy, to redress the same by a proceeding in the courts, at the expense of the State."

The 1st, 2d and 3rd sections of the act approved the 19th day of April, 1897, Pamphlet Laws, pages 25, 26 and 27, in their amended form, are as follows:

"That the Secretary of Internal Affairs be and he is hereby directed to cause to be made and printed, blank forms for the annual reports of the several railroad, canal, navigation, telegraph and telephone corporations owning, operating or controlling lines of railways, transportation, telegraphs and telephones in whole or in part in Pennsylvania, referred to in the second section of this act, and the said Secretary of Internal Affairs, shall forward by mail or otherwise on or before the first day of June in each year, to each of said corporations, copies of said forms; and when the same shall have been returned to the said Secretary of Internal Affairs, properly filled out and executed as required by the second section of this act, he shall cause the same to be filed in the Bureau of Railways of his department, and published in book form, and cause copies of said report to be transmitted to the Governor and the members of the Legislature, on or before the fifteenth day of January in each year as required by law."