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 terminal 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 reasonable and equitable share of the compensation received, and if the companies so jointly interested therein cannot agree upon the share thereof which each is entitled 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 any. wise 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 railroad, 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 compliance 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 established 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.

(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 its schedules of classifications, rates, fares and charges 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 hereinbefore provided for the publication of tariffs upon its own lines.

"(e). That upon complaint, duly verified, of any person, firm, corporation or association, or any mercantile, agricultural or manufacturing society, or any body politic or municipal organization, that any part of the 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 rates, fares, charges or classifications as demanded by the complainant within the time specified by the commission, proceedings shall be dropped.

"If the common carrier shall refuse or neglect to make such changes, the commission shall set a time and place for a hearing in the matter, of which at least ten (10) days' notice shall be given to the complainant and 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 by some person directed to do so by the commission.

"For the purpose of such investigation the commission shall have the power to require the attendance of witnesses and the production of all 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 attendence 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 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 carrier shall neglect or refuse, after the time for appeal as hereinafter provided 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.)

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 gov ernor, by and with the advice and consent of the senate.

(b). The commissioners first appointed under this act shall continue in office for the term of one (1) two (2) and three (3) years, respectively, and until their successors are appointed and qualified, beginning with the first (1st) Monday of January, A. D. 1889; the term of each to be designated by the governor, but their successors shall be appointed for a term of three (3) years, and until their successors are appointed and qualified, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the commissioner

whom he shall succeed. Any commissioner may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office. Said commissioners shall not engage in any other business, vocation or employment while acting as such commissioners. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission.

(c). Vacancies occasioned by removal, resignation or other cause, shall be filled by the governor as provided in case of original appointments. Not more than two of the commissioners appointed shall be members of the same political party. No person in the employ of or holding any official relation to any common carrier subject to the provisions of this act, or any law of this state, or owning stocks or bonds, or other property thereof, or who is in any manner interested therein, shall enter upon the duties of or hold such office.

(d). The decision of a majority of the commissioners shall be considered the decision of the commission on all questions arising for its consideration. Before entering upon the duties of his office each commissioner shall make and subscribe and file with the secretary of state an affidavit in the following form: "I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of Minnesota, and that I will faithfully discharge my duties as a member of the railroad and warehouse commission of the state of Minnesota, according to the best of my ability; and I further declare that I am not in the employ of, or holding any official relation to any common carrier within this state, nor am I in any manner interested in any stock, bonds or other property of such common carrier.”

(e). Each commissioner so appointed and qualified shall enter into bonds [to] of the state of Minnesota, to be approved by the governor, in the sum of twenty thousand (20,000) dollars, conditioned for the faithful performance of his duty as a member of such commission; which bond shall be filed with the secretary of state.

(f). The commission shall conduct its proceedings in such a 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 commissioner (commission) 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 service thereof, which shall conform as nearly as may be to those in use in the courts of this state. Any party may appear before said commission, and be heard in person or by attorney. Every vote and official act of the commission shall be entered of record, and its proceedings shall be public, upon the request of either party interested, or at the discretion of the commis

sion. Said commission shall have an official seal, which shall be judicially noticed. Any member of the commission may administer oaths and affirmations. The principal office of the commission shall be in the city of St. Paul, where its general session shall be held.

(g). Whenever the convenience of the public or of the parties may be promoted, or delay or expenses prevented thereby, the commission may hold special sessions in any part of the state. It may, by one or more of the commissioners, prosecute any inquiry necessary to its duties, in any part of the state, into any matter or question of fact pertaining to the business of any common carrier subject to the provisions of this act.

(h). The attorney general of the state of Minnesota shall be ex officio attorney for the commission, and shall give them such counsel and advice as they may from time to time require; and he shall institute and prosecute any and all suits which said railroad and warehouse commission may deem it expedient and proper to institute; and he shall render to such railroad and warehouse commission all counsel, advice and assistance necessary to carry out the provisions of this act, or of any law of this state, according to the true intent and meaning thereof. It shall likewise be the duty of the county attorney of any county in which suit is instituted or prosecuted, to aid in the prosecution of the same to a final issue, upon the request of such commission. Said commission are hereby authorized, when the facts in any given case shall in their judgment warrant, to employ any and all additional legal counsel that they may think proper, expedient and necessary to assist the attorney general or any county attorney in the conduct and prosecution of any suit they may determine to bring under the provisions of this act or of any law of this state.

SEC. 10. (a). That the commission hereby created shall have authority to inquire into the management of the business of all common carriers, subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the commission to perform the duties and carry out the objects for which it was created; in order to enable said commissioners efficiently to perform their duties under this act, it is hereby made their duty to cause one of their number to visit the various stations on the lines of each railroad as often as practicable, after giving twenty (20) days' notice of such visit and the time and place thereof in the local newspapers, and at least once in twelve (12) months to visit each county in the state in which is or shall be located a railroad station, and personally inquire into the management of such railroad business; and for this purpose, all railroad companies and common car riers and their officers and employees are required to aid and furnish each member of the railroad and warehouse commission with reasonable and proper facilities, and each, or all of the