rier may hereafter receive, by making it "reasonable and just," and leaving that question to be determined by the courts in the ordinary process of investigation; but it has laid down rules which compel the carrier to make its rates uniform and unvariable, preventing all discrimination and exception, save so far as the Railroad Commission may prescribe.

Pools and Division of Earnings Prohibited.

Fourth: The fifth section of the Act deals with pools, and provides that it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net. proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offence.

It is not within the scope of this treatise to discuss the very important and difficult questions of the policy or public benefit growing out of railroad freight pools. Those

subjects may give rise to very interesting philosophical discussions, but they are not now germane because the Legislature has passed upon them, and by the section now involved has most emphatically condemned all railroad "freight pools"; nay, more, it has prohibited the division of the aggregate or net proceeds of the earnings of different and competing railroads, or any portion thereof.

Combinations not to Make Carriage of Freight Continuous, Prohibited.

Fifth: The seventh section provides that it shall be unlawful for any common carrier subject to the provisions of this Act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by change of time-schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freights from being and being treated as one continuous carriage from the place of shipment to the place of destination, unless such break, or stoppage, or interruption was made

in good faith for some necessary purpose, and without any intent to avoid or unnecessarily interrupt such continuous carriage or to evade any of the provisions of this Act.

This section was evidently passed and should be read in connection with the first four sections of the law, and especially of the third section, and properly comes after the fourth section, which relates to the short haul.

Exceptions from Operations of the Act.

Sixth By the twenty-second section of the Act it is provided: That nothing in this Act shall apply to:

Ist. The carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, 2d. Or for charitable purposes,

3d. Or to or from fairs and expositions for exhibition thereat,

4th. Or the issuance of mileage, excursion, or commutation passenger tickets;

5th. Nothing in this Act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion,

6th. Or to prevent railroads from giving free carriage to their own officers and employees,

7th. 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;

8th. 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. (Sec. 22.)

CHAPTER V.

DUTY OF COMMON CARRIERS TO PREPARE, PRINT, AND PUBLISH SCHEDULES OF RATES, FARES, AND CHARGES.

Schedules of Freight Rates and Passenger Fares, How to be Kept.

TH

HE sixth section of the Act deals with the very important subject of schedules, which the common carriers, subject to its provisions, are enjoined to keep for the use of the public.

By this clause it will be seen that the common carriers are charged with the following duties.

Preparing Schedules.

I. Of printing and keeping for public inspection schedules.

II. These schedules must show the rates and fares and charges for transportation of passengers and property which such carrier