shall prosecute the work of extending its branch lines, etc., without interference with or from the other; but it may prevent pooling provisions therein from being operative.

1 Act of February 20, 1885, § 3.

2 Cal. Const. (1873), Art. XII, § 20.

3 W. A. Hunter, LL. D., M. P., in "The Railway and Canal Traffic Act of 1888," p. 3.

4 WOOD, V. C. in Charlton v. Newcastle etc. R. R. Co. 5 Jur. N. S. 1100; Staunton v Allen, 5 Denio, 440. But see, contra, Hare v. London etc. R. R. Co. 2 Johns. & H. 80.

5 Commissioners v. Carlisle, Brightly, 40 See note by Mr. Adelbert Hamilton, 15 Fed. Rep. 667, 672; Central R'y Co. v. Collins, 40 Ga. 582.

6 Central Ohio Salt Co. v. Guthrie, 35 Ohio St. 666; Crawford v. Wick, 19 Ohio St. 190; Pullman etc. Co. v. Texas etc. R'y Co. 11 Fed. Rep. 625, 631; Wald's Pollock on Contracts, 309; Menacho v. Ward, 27 Fed. Rep. 523, 534; 23 Am. & Eng. R. R. Cas. 647.

7 Nashua etc. R. R. Corp. v. Boston etc. R. R. Corp. 19 Fed. Rep. 804. 8 Ives v. Smith (1889), 3 N. Y. Sup. 645. For consideration of the subject by the Comm.ssion see their annual report, 1 Inter. Com. C. 309, and 2 Inter. Com. C. 436.

§ 1060. Printing and posting of schedules of rates, fares and charges.-"SEC. 6 (As amended), "PAR. 1. That every common carrier subject to the "provisions of this act shall print and keep open to public inspection schedules showing the rates and "fares and charges for the transportation of passengers and property which any such common carrier "has established and which are in force at the time

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"upon its route. The schedule printed as aforesaid "by any such common carrier shall plainly state the places upon its railroads between which property "and passengers will be carried, and shall contain "the classification of freight in force, and shall also "state separately the terminal charges and any rules

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or regulations which in any wise change, affect, or "determine any part of the aggregate of such afore"said rates and fares and charges. Such schedules

"shall be plainly printed in large type, and copies "for the use of the public shall be posted in twɔ "public and conspicuous places, in every depot, sta"tion, or office of such carrier where passengers or "freight, respectively, are received for transportation, in such form that they shall be accessible to "the public and can be conveniently inspected."

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4

A similar provision is found in the English statut›,' and in that of Illinois.2 A New Hampshire stat ute3 required railway companies to put in their depots their tariff rates, and it was held that a subsequent statute, sanctioning a change in the location of a road, in mentioning "published tariffs" had reference to those posted in the depots in obedience to the former statute.5 In England, it is held that the obligation to keep books of rates at the station from which the rates are charged attaches equally whether the booking is done there or elsewhere; and that for this purpose coal sidings are stations within the meaning of the act.' Common carriers being under obligation to take all descriptions of ordinary traffic from all points, it is right that the rates should be known and announced publicly in advance of the offering of traffic. The methods generally adopted by carriers in the preparation and publication of rate sheets, if in sub stantial compliance with the law, and sufficient for the information of the public may be acquiesced in until a better mode can be substituted.9 A classification sheet is put before the public for general information, and is supposed to be expressed in plain terms, so that the ordinary business man can understand it, and can determine for himself what

an be lawfully charged for transportation. officials who prepare it have no authority to true it, and must leave it to speak for itself. 10 v tariffs must be posted at stations to which - apply."

Regulation of Railways Act, 1873, § 14.

Underwood's 111. Stat. ch. 114, § 19. And see St. Louis & Cairo R. . v. Blackwood, 14 Ill. App. 503.

In re Passenger Tariffs, 2 Inter. Com. C. 649.

Hurlburt v. Lake Shore & M. S. R'y Co. 2 Inter. Com. C. 122.
In re Passenger Tariffs, 2 Inter. Com. C. 649.

1061. The same subject, continued-Foreign edules. "SEC. 6, PAR. 2. Any common carrier abject to the provisions of this act, receiving eight in the United States to be carried through foreign country to any place in the United States, all also, in like manner, print and keep open to ublic inspection, at every depot or office where uch freight is received for shipment, schedules, howing the through rates established and charged -y such common carrier to all points in the United States beyond the foreign country to which it acepts freight for shipment; and any freight shipped rom the United States through a foreign country nto the United States, the through rate on which hall not have been made public, as required by his act, shall, before it is admitted into the United States from said foreign country, be subject to cuscoms duties, as if said freight were of foreign pro

"duction; and any law in conflict with this section "is hereby repealed."

The method for making rates should be practicable, and not afford a cover for discrimination and injustice. The Commission has decided that the only practicable mode yet devised for making through export rates is to add to the established inland rates from the interior to the seaboard the current ocean rates. Whenever a tariff is established for merchandise intended for export by sea, and ocean rates are not specified, so that only the charge for inland transportation is definitely fixed, the tariff should show the rate charged by the inland carrier to the point of export, including all terminal charges and expenses, and should also show in what manner the through rate to the point of ultimate destination is to be determined. Under the provisions of this clause, the Grand Trunk Railway of Canada is required to print, post, and file its schedules of rates and charges for the transportation of property from points in the United States to points in Canada, and cannot lawfully charge a greater or less compensation therefor, or for any services in connection therewith, than is specified in such published schedule as may at the time be in force. It is also subject to the pro visions of the act in respect to joint tariffs of rates, fares, and charges for continuous lines or routes.*

1 New York Produce Exchange v. New York & H. R. R. Co. et al. 3 Inter. Com. C. 225. For the order of the Commission in regard to the subject of this clause, see In re Publication of Export Tariffs, 1 Inter. Com. C. 658.

2 New York Produce Exchange v. New York & H. R. R. Co. et al. 3 Inter. Com. C. 225.

3 In re Investigation of Grand Trunk R'y of Canada, 3 Inter. Com.C. 89. 4 In re Investigation of Grand Trunk R'y of Canada, 3 Inter. Com. C. 89.

52. Notice of advances or reductions.6, PAR. 3. No advance shall be made in ates, fares, and charges which have been es-hed and published as aforesaid by any com

carrier in compliance with the requirements. his section, except after ten days' public notice, eh shall plainly state the changes proposed to nade in the schedule then in force, and the time n the increased rates, fares, or charges will go

effect; and the proposed changes shall be wn by printing new schedules, or shall be nly indicated upon the schedules in force at the e and kept open to public inspection. Retions in such published rates, fares, or charges ll only be made after three days' previous pubnotice, to be given in the same manner that noe of an advance in rates must be given."1

PAR. 4. And when any such common carrier all have established and published its rates, fares, charges in compliance with the provisions of this ction, it shall be unlawful for such common carer to charge, demand, collect, or receive from any erson or persons a greater or less compensation r the transportation of passengers or property, or or any services in connection therewith, than is pecified in such published schedule of rates, fares, nd charges as may at the time be in force."

SEC. 6, PAR. 5. Every common carrier subject" o the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares and charges which have been established and published in compliance with the requirements of this section, and shall