road, speed of trains, distance of carriage, bulk of business, risks incurred and the earnings of return trains, all relate immediately to the question of cost. Some classes of freight must be transported speedily, or its value is lost or depreciated. Other classes require special protection from the accidents of breakage, leakage or fire. On one road, freights can be carried with safety and rapidity, and all the equipment of the company is in constant use in both directions. On another road, the service is inadequate, or freight is taken at cheap rates in otherwise empty cars, or empty cars must be sent a long distance to transport freight one way only. The cost of transportation in winter is greater than in summer During one year the avenues of commerce are poorly patronized, and the sources of trade inert, while in another year business activity demands extraordinary expenditure of money and energy. These illustrations of varying cost according to varying circumstances, might be extended profitably so as to include the relations of various points of traffic to railway cost, including all the exigencies arising from competition with rival routes by rail and water. As a matter of fact, there are sections of railroad lines in this state which would become practically worthless were their managers denied the exercise of a la ge degree of discretion in securing business.

We argue from facts like these, that an exercise of the power of discrimination cannot be profitably measured and defined by a fixed rule of law. But we do not conclude, therefore, that manifest evils of discrimination cannot be materially mitigated, or even wholly abrogated, under the direction of public authority. Admitting the necessity of discrimination, we do not admit the necessity of unjust discrimination. Under precisely the same circumstances, all men are entitled to the same service for the same price, and violations of this general principle ought not to be tolerated or ex-/ cused. Doubtless many complaints of discrimination are without just foundation. Doubtless, also, many, if not most of the actual grievances suffered by community from selfish railway management might be averted through the informal intervention of intelligent public authority. Under all circumstances, the right of appeal, the influences of public opinion and the duty of arbitration, the last fortified with a limited but undoubted power of legal control, are important sources of public relief, if not of complete reform. Το this end, the powers of the commissioners to hear and determine

complaints, and to remedy injustice and extortion, on the application of parties aggrieved should be ample and complete.

CONNECTION OF PASSENGER TRAINS.

One of the greatest embarrassments to comfortable traveling in this country is the frequency of failure to make connection, in passing from one line on to another. In this way much time is often lost and the most important business plans are defeated. Of course it is not possible for the companies to make close running connections between all the trains at points of intersection. But it is altogether proper that they should be required to do so whenever it is practicable; and of this the state authorities should judge after a proper investigation. If such a regulation were enforced it would redound to the advantage of the companies, by removing one source of irritation to the traveling public, even though something were lost by allowing passengers to select their route according to their own convenience, instead of in harmony with the selfish plans of conflicting corporations.

In the enforcement of a law requiring connections to be made the commissioners should be governed by principles like those laid down in the case of Barrett vs. Great Northern and Midland Railway Companies (England), wherein the court held that:

"In such case it is not necessary (sufficient) to show an individual griev. ance, but it is quite clear that a case must be made out of public inconvenience.”

PUNCTUALITY IN THE RUNNING OF TRAINS.

Upon this subject we have remarked at considerable length under the head of "Evils of Railway Management." We know of no way in which it can be certainly corrected by legislative enactment, unless the companies are required to guarantee punctuality; the passenger being enabled to recover summarily in case of delay. Such laws are in force, to some extent elsewhere, but are less applicable in a new country like ours, where accidents are necessarily more frequent on account of inferiority of roads, and where delays are dependent to a good degree upon the fact that an accident to a single train is liable to delay many others. If our roads were all provided with double, instead of single, tracks, one very important element of unpunctuality would be removed. That it is an evil almost exceptional with us, may be inferred from the fact that one

may travel several times all over Europe without a single failure to connect, while in this country one scarcely hopes to get from the west to the east, or vice versa, without being delayed at some point on the

way.

INCREASED RESPONSIBILITY FOR INJURIES AND DESTRUCTION OF LIFE.

In this and other states, the law makes railroad corporations liable for the death of a passenger, caused by a "wrongful act, neglect or default" on the part of such company or any of its agents; the language of the law in most cases following that of "Lord Campbell's act." But in no one of the states, so far as we are able to learn, are the benefits of such a provision extended to any employé of any such company. In the case of Chamberlin v. Milwaukee and Mississippi R. R. Co., in 7th Wisconsin, p. 426, it was held that a servant of a railway company cannot maintain an action for injuries occasioned by the negligence of other servants of the company. In the same case, however, reported in 11th Wisconsin, p. 240, this doctrine was denied, Justice Paine delivering the opinion; Justice Cole declining to express any opinion on the question. In Moseley v. Chamberlin, the court, Chief Justice Dixon delivering the opinion, and Justice Paine dissenting, overruled 11th Wisconsin and decided that one employé cannot recover for an injury occasioned by the negligence of another employé engaged in the same business. In this latter case, Chief Justice Dixon states that this doctrine is sustained by the almost unanimous judgments of all the courts both of England and this country. It was supposed that the other view had been or would be maintained by the courts of Ohio and Indiana, but recent decisions hold to the very opposite; so that now the case of 11th Wisconsin stands alone, in opposition to the decisions of both countries.

Increased accountability on the part of the corporations would not merely secure relief to surviving relatives, in case of death caused by "wrongful act, neglect or default," but would also tend to produce greater precaution against accident. Appropriate legislation on this subject cannot be too urgently recommended.

CAREFUL AND FREQUENT INSPECTION.

It must be evident to any one upon reflection that one very important means of preventing delay of trains and accidents, of every sort would be to provide for frequent and thorough inspection.

This subject has been already alluded to under the head of "inefficiency of management," and hence may be the more likely briefly discussed in this connection. Its importance is not to be overrated.

If railroad managers were sufficiently impressed with this importance nothing further would be necessary, since the companies have in fact every motive for giving satisfaction to the public and avoiding the many expenses entailed by accidents, whether to persons or property. But as these natural motives do not invariably prove sufficient, it seems to be the duty of the state, as a means of promoting safety of travel, as well as economy of transportation, to see at least that the roads are kept in safe condition.

To this end, no further legislation would be necessary, perhaps, than to duly authorize and empower the commissioners to make or procure such inspection, and to enforce suitable regulations in that regard, as is now done in some of the other states.

IMPROVEMENTS IN THE INTEREST OF SAFETY.

Kindred to the matter of inspection is that of inquiry into the merits of various mechanical improvements looking to the safety of travel, such as automatic couplers, security platforms, safety switches, train brakes, etc. Where large pecuniary interests are involved in the introduction of any new invention, great caution is necessary, but the end sought is of sufficient importance to demand the attention of the state.

BETTER POLICE REGULATIONS.

The law of 1873 confers no power and imposes no duty upon the cosmmissioners respecting what may be termed police regulations in the management of railways. Some of the provisions of other statutes extend to this department, but no efficient system has been adopted, and the requirements are comparatively few and insuffici ent. In this department of progress the railway management of the United States is far behind that of Europe, and that of Wisconsinsin far behind that of most of the older states of our own country. And yet no phase of the question of railway legislation is of greater practical importance to the public, and that too, in respect to powers of the government which are undisputed. Safety of life and the due protection of property, as well as the comfort and convenience of passengers, largely depend upon the

proper and efficient supervision of this department under the authority of law. Railway companies should be held to strict and constant responsibility for the construction of suitable fences, depot buildings and freight houses; for the safe, healthful and comfortable condition of passenger trains; for the prompt repair of defective road-bed, bridges and trestle work; for the employment of competent men in every department of railway service, and for the adoption of such improvements in machinery as ensure better protection from accident and security to human life. The order, efficiency and safety thus afforded are all proper objects of legislation, and cannot be intelligently ignored. It is true, that the selfish interests of the corporations themselves tend generally to similar results; but in frequent cases, also, those interests tend in a precisely contrary direction. Moreover, a power thus exercised, inteliigently but not officiously, is often necessary to the profit of the companies, and to their protection from unreasonable exactions. For illustration, the commissioners have been urged by intelligent railway managers during the past season to advise efficient penalties for non-payment of fares before entering cars-a reform which would doubtless inure largely to the convenience, if not to the profit of companies, and ultimately to the public. As to this, and other branches of the subject suggested, we ask your serious consideration.

RESTRICTIONS YET MORE GENERAL.

Having discussed many subjects deemed worthy of the consideration of the legislature, and of action, either direct or indirect, but which lie rather upon the surface of this great field of inquiry, we come now to a discussion of several questions, the bearing of which is not so generally appreciated—which have, indeed, received but little public attention, but which, nevertheless, lie at the bottom of the whole inquiry, and, in the judgment of your commissioners, are to determine the success or failure of state supervision.

RAILWAY ACCOUNTS.

It is, of course, out of the question for either the state or the public to know with certainty how the affairs of a railway are managed unless the accounts of the company are so kept as to make an intelligible exhibit, and to command the entire confidence of those who have a right to know all about the receipts and dis