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the laws of this Commonwealth, said complaint having charged the said Railroad Company with having transcended its corporate functions, infringed upon the rights of individual citizens and violated the fundamental law of the Commonwealth; and has from the investigation made, ascertained that such complaint is just and well founded and that matters complained of are beyond the ordinary province of individual redress; and further, that on account of the magnitude of the interests involved and the general public interest therein, affecting as it does the commercial affairs of the State and the constitutional rights of the citizens thereof;

He, the said Secretary of Internal Affairs does hereby certify his opinion in the premises, together with a copy of the complaint and other record of proceedings, to the Honorable Hampton L. Carson, the Attorney General of the Commonwealth of Pennsylvania to the end that he, the said Attorney General, as is his duty, shall be able to commence appropriate legal remedy to redress the wrongs complained of and found to exist, such remedial action to be in the name and at the expense of the Commonwealth, as provided by law.

(seal)

In Witness Whereof, Isaac B. Brown, Secretary of Internal Affairs of the Commonwealth of Pennsylvania, has hereunto set his hand and caused the seal of the Department of Internal Affairs of Pennsylvania to be affixed at Harrisburg, this fifteenth day of February, 1906.

ISAAC B. BROWN, Secretary of Internal Affairs.

IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF

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COMMONWEALTH OF PENNSYLVANIA.
VS.

The Pennsylvania Railroad Company; The Delaware, Lackawanna and Western Railroad Company; The Lehigh Valley Railroad Company; The Cumberland Valley Railroad Company; The Buffalo and Susquehanna Railroad Company; and The Erie Railroad Company.

H

To the Honorable, the Judges of Said Court:

The Commonwealth of Pennsylvania, by Hampton L. Carson, Attorney General, complains and says:

I. That the defendants are common carriers, duly chartered as railroad companies, under the laws of Pennsylvania. All are engaged in the business of transporting passengers within the limits of this Commonwealth, and are interchangeably carrying passengers over their main and connecting lines with other roads.

II. That the Pennsylvania Railroad Company and the Buffalo and Susquehanna Railroad Company, by papers duly executed, filed and recorded in the office of the Secretary of the Commonwealth, accepted the provisions of the Constitution of Pennsylvania in 1874, adopted December 16th, 1873, and particularly the provisions of the Seventeenth Article thereof.

III. That the Seventeenth Article of said Constitution provides, in Section 1, as follows:

"All railroads......shall be public highways, and all railroads......shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with or cross any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars loaded or empty, without delay or discrimination."

And in Section 3 as follows:

"All individuals, associations and corporations shall have equal right to have persons and property transported over railroads......and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the State or coming from or going to any other State. Persons and property transportated over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction to any more distant station; but excursion and commutation tickets may be issued at special rates."

And in Section 7, as follows:

"No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals, or in favor of either, by abatement drawback or otherwise, and no railroad or canal company, or any lessee, manager or employe thereof, shall make any preference in furnishing cars or motive power."

4. That the said defendants sell for the price or sum of thirty dollars ($30.00), to such persons as can read, write, see, hear and understand, a One Thouand Mile Refund Ticket, the form and terms of which, mutatis mutandis, are as follows:

ISSUED BY THE PENNSYLVANIA RAILROAD COMPANY.

1,000 Mile Refund Ticket.

Good only when officially stamped and presented with mileage strip attached, subject to conditions named herein.

This ticket will be void for passage after date punched in margin of inside

cover

THE CONTRACT AND CONDITIONS.

Under which this ticket is issued and sold, are as follows:

1. The original purchaser, whose signature and business address are affixed to the contract, bearing the same form and number as this ticket, and who is therefore the only lawful owner hereof, is entitled to receive one thousand (1,000) miles of transportation over the following lines, under their local regulations and subject to all the conditions of the contract:

BALTIMORE AND OHIO RAILROAD COMPANY.

Ticket will be accepted between all points east of Ohio River, and between Pittsburg and Kane. Also for continuous passage only on Royal Blue Line trains of Central Railroad of New Jersey and Philadelphia and Reading Railway in either direction between Philadelphia and New York, Philadelphia and Newark, and Philadelphia and Elizabeth.

Coupons of this ticket will be accepted by agents of Baltimore and Ohio Railroad at Washington or Baltimore, and by agents of Lehigh Valley Railroad at Rochester or Buffalo in exchange for continuous passage tickets between Washington or Baltimore and Rochester or Buffalo.

BUFFALO AND SUSQUEHANNA RAILROAD.

Ticket will be accepted between all points.

CHESAPEAKE AND OHIO RAILWAY.

Ticket will be accepted for passage only east of and including Huntingdon, W. Va., and actual mileage detached, with the following exceptions: between Washington and Orange, and between Glasgow and Loch Laird, and intermediate stations locally, mileage sufficient to equal in value two and onehalf (22) cents per mile will be detached; on ali branch lies in West Virginia and on the Warm

The foregoing is printed on the first cover of mileage book. The following is printed on back of cover:

Contract and Conditions (Continued).

Springs and Craig Valley Branches, mileage sufficient to equal in value three (3) cents per mile will be detached; between Washington proper and Charlottesville proper one hundred and forty-one (141) miles will be detached; between Norfolk or Portsmouth and Newport News thirteen (13) miles will be detached.

DELAWARE, LACKAWANNA AND WESTERN RAILROAD.

Ticket will be accepted between all points.

ERIE RAILROAD.

Ticket will be accepted between all points east of and including Oil City, Meadville, Dunkirk, and Suspension Bridge, except that it shall not be used for strictly cab passage on ferries between New York and Jersey City.

LEHIGH VALLEY RAILROAD.

Ticket will be accepted between all points.

Competitive mileages between local points will be used by conductors, as per distance table furnished.

Coupons of this ticket may be accepted by certain agents of the Lehigh Valley, Philadelphia and Reading, or Baltimore and Ohio Railroads in exchange for through tickets under established rules.

PENNSYLVANIA RAILROAD.

Ticket will be accepted between all points, except that it shall not be used for strictly local passage between any stations on the line between and including Broad Street Station and Fifty-second Street, Darby, Forty-ninth Street, or North Philadelphia; or locally between and including Camden, N. J., and South Camden, City Line, Dudley, or Pavonia; or locally between and including Pittsburg and Wilkinsburg; or locally between Calvert, Union, Pennsylvania Avenue and Biddle Street Stations in Baltimore, or locally between Washington and Navy Yard; or locally between Jersey City and Marion; or on the New York and Long Branch Railroad; and shall not be good for passage on any train for which an extra fare is charged, except at the option of the Railroad Company.

One (1) mile shall be detached for each mile or fraction of a mile traveled and three (3) additional miles for passage over Columbia Bridge, and six (6) additional miles for passage over Selinsgrove Bridge, and if used between Philadelphia and Atlantic City, New Jersey, via Delaware River Bridge route seventy-five (75) miles shall be detached. Also when used to or from Jersey City, New York distance shall be detached.

If the coupons remaining attached hereto at any time are insufficient to carry me to destination, such coupons will be good only for the distance which they represent, and for the remainder of the journey, fare at three (3) cents per mile will be paid, except that on the Kinzua branch four (4) cents per mile, on Low Grade Division between Red Bank and Driftwood three and one-half (32) cents per mile, on West Jersey and Seashore Railroad, and between Camden and Amboy, Trenton and Bordentown, and on accommodation trains between Trenton and New Brunswick, two and one-half (2%) cents per mile, and on Northern Central Railway (Canandaigua Division) two (2) cents per mile will be paid.

(Continued on inside cover.)

Contract and Conditions (Continued).

2. In selling this ticket over the line of any other company, the selling company acts as agent only and assumes no responsibility beyond its own line.

3. If this ticket is used exclusively by the original purchaser and lawful owner for his or her personal transportation within twelve (12) months from date of issue stamped hereon, and that fact is established by the record pertaining thereto, a refund of ten dollars ($10) will be paid provided the cover is returned to L. P. Farmer, Commissioner, 143 Liberty Street, New York,

accompanied by the refund application blank attached to cover, properly filled out, within eighteen (18) months from date of issue stamped hereɔn.

4. No refund will be paid if this ticket or any portion of it is used by other than its lawful owner or in any other manner than is provided by this contract.

5. This 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.

6. In consideration of the refund to be paid to the original purchaser and lawful owner of this ticket, such purchaser and owner agrees to sign his or her name, in same manner as written in contract, in the presence of the conductor or agent, upon prescribed identification slips, also to show this ticket to conductor or agent whenever requested so to do.

On second inside page of cover.

7. Refund on this ticket will not be paid to a person who refuses or is unable to sign his or her name to the conductor's identification slip.

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8. This ticket entitles the owner to passage only on trains advertised and designated to carry passengers, and only to and from stations at which such trains are scheduled to stop.

9. The conductor will detach in consecutive order one coupon for each mile or fraction of a mile traveled, and no portion of the mileage strip will be accepted for passage if detached by any other person than the conductor, or if presented without the cover bearing the same consecutive number subject tc the exceptions in Clauses 1 and 10.

10. This ticket is not valid for distances of less than five miles except that if the purchaser desire to use it for a shorter distance a detachment of five miles will be accepted.

11. One hundred and fifty (150) pounds of personal baggage of the original purchaser will be checked on this ticket. The station baggage agent will cancel with a B C punch the right hand margin of the coupon representing the distance baggage is checked, and no further baggage will then be checked on this ticket until the mileage up to and including such coupon has been used for passage.

12. The further stipulations and conditions printed on the cover of this ticket constitute and form a part of this contract.

13. This ticket is valid for one year from date of issue stamped hereon and will be void for passage after date punched in margin of cover.

The foregoing contract and conditions are the same as have been signed by the original purchaser and lawful owner of this ticket and filed with the Commissioner.

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On the left hand side are the days of month printed consecutively from 1 to 25 and on the right hand side 26 to 31 inclusive, followed by the names of the months and by the dates 1906 to 1912, inclusive, and stamped with the facsimilie signature of J. R. Wood, Passenger Traffic Manager.

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