Railroad and Warehouse Commissioners. that street railroads and hack lines and vehicles of a like, character shall not be included within the terms of this! section. road" de 188. § 22. The term "railroad" used in this Act includes Term,, Railevery railroad, other than a street railroad, by whatsoever fined. power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, depots and power stations, and terminal facilities of every kind used or operated by any such railroad; and also all passenger or freight depots, yards, docks and grounds used by any railroad in the transportation of passengers or property. This section shall not be construed to in any way affect or repeal an Act in relation to the crossing of one railroad by another, approved May 25, 1907, and in force July 1, 1907. portation" 189.23. The term "transportation" shall include cars Term Transand other vehicles and all instrumentalities and facilities of defined. shipment or carriage, irrespective of ownership or of any contract, expressed or implied, for the use thereof, and all service in connection with the receipt, delivery and transfer in transit, refrigeration or icing, storage and handling of property transported. tion. 190. § 24. It shall be the duty of every common carrier, Furnishing of subject to the provisions of this Act, to provide and furnish transportasuch transportation at reasonable rates upon an order made by the Railroad and Warehouse Commission, upon proper application and proper showing of the necessity therefor, upon a hearing before said commission. 191. § 25. That it shall be unlawful for any common carrier subject to the provisions of this Act, to charge or receive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through route than the aggregate of the intermediate rates subject to the provisions of this Act; but this shall not be construed as authorizing any common carrier within the terms of this Act to charge or receive as great compensation for a shorter as for a longer distance: Provided, however, that upon application to the Railroad and Warehouse Commission, such common carrier may, in special cases, after investigation, be authorized by the commission to charge less for longer than for shorter distances for the transportation of passengers or property; and the commission may, from time to time, prescribe the extent to which such designated common carrier may be relieved from the operation of this section: Provided, —6 R L Short and long haulCompensation. Interstate transfers fares. Railroad and Warehouse Commissioners. further, that no rates or charges lawfully existing at the time of the passage of this Act shall be required to be changed by reason of the provisions of this section prior to the expiration of six months after the passage of this Act, nor in any case where application shall have been filed before the commission, in accordance with the provisions of this section, until a determination of such application by the commission. more 192. § 26. Every common carrier engaged in transJoint rates, portation of persons or property between points wholly within the State of Illinois, is required to afford all reasonable, proper and equal facilities for the interchange of passengers and property traffic between the lines owned, operated, controlled or leased by it and the lines of every other common carrier, and for the prompt transfer of passengers and for the prompt receipt and forwarding of property to and from its said lines; and no common carrier shall in any manner discriminate in respect to rates, fares or charges or in respect to any service, or in respect to any charges or facilities for any such transfer in receiving or forwarding between any two or more other common carriers or between passengers or property destined to points upon the lines of any two or more other common carriers or in any respect with reference to passengers or property transferred or received from any two or other common carriers. Every common carrier, as such, is required to receive from every other common carrier, at a connecting point, freight cars of proper standard and equipment, and haul the same through to destination, if the destination be upon a line owned, operated or controlled by such common carrier, or if the destination be upon the line of some other common carrier, to haul any car so delivered through to the connecting point upon the line owned, operated, controlled or leased by it, by way of route over which car is billed, and there to deliver the same to the next connecting carrier. Nothing in this section shall be construed as in any wise limiting or modifying the duty of a common carrier to establish joint rates, fares and charges for the transportation of passengers and property over the lines owned, operated, controlled and leased by it and the lines of other common carriers, nor as in any manner limiting or modifying the power of the commission to require the establishment of such joint rates, fares and charges. But this shall not be construed as requiring any common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business. Joint and through 193. 27. The commission is hereby given power and authority after hearing upon a complaint, or upon its own rates - Clas-initiative without complaint, to establish joint classifications sification. and may establish through rates and joint rates as the max Railroad and Warehouse Commissioners. imum to be charged by all common carriers, for the transportation of persons or property between points wholly within the State of Illinois, and may prescribe the division of such rates and the terms and conditions under which such through rates and joint rates shall be operated, whenever the carriers themselves shall have refused or neglected to establish voluntarily such through rates and joint classification or joint rates, and this provision shall apply when one of the connecting carriers is a water line: Provided, that upon such hearing the commission shall find that such through rate and joint classification or joint rate is necessary for the accomodation of the public, and will not give to one carrier an unfair or unequal advantage over another: Provided, the shipper shall have the right to route his freight whenever through rates shall have been established either by the commission or the railroad. charges. 194. § 28. The commission are hereby authorized and Rates and empowered to fix and establish rates, rules and regulations regarding demurrage, storage and all other charges incident to the transportation of property between points wholly within the State of Illinois. Physical connections beroads tween rail Switching rules and rates. agement of common carriers. 195. § 29. The commission shall have power and is hereby authorized to compel physical connections between railroad companies and to fix and establish reasonable switching rules and regulations, and establish reasonable limits for said switching and reasonable rates therefor. The term "switching" as used in this section shall not comprehend the transfer of [or] hauling of cars from one railroad to another over the lines of an intermediate carrier. 196. § 30. The commission shall have power and author-Business manity to inquire into the business management of all common carriers, their passenger and freight rates, distribution of cars, granting of sidings, location of passenger and freight stations, use of and compensation for cars owned or controlled by them, the relations of such carriers to the public; and of the public and public corporations to common carriers; the interrelation between such common carriers, in so far as any such subject so to be inquired into shall affect or have any bearing upon the transportation of persons or property between points wholly within the State of Illinois; it shall have power and authority to receive complaints from shippers for loss or damage to property in the hands of common carriers and make inquiry as to methods and manner of adjustment of said claims; and the commission shall have power to make and enforce such orders as will secure the safety and accommodation of persons and property being transported by common carriers Hearings and findings. Schedules of maximum rates, etc. Railroad and Warehouse Commissioners. and as will prevent unnecessary or unreasonable obstruction to or interfere with the tracks, yards, locomotives and cars of common carriers. 197. 31. The commission are hereby empowered and § authorized to hear and determine all questions arising under this Act, upon giving due notice to all persons, individuals or corporations interested therein, and to enter an order in relation thereto. 198. § 32. The Railroad and Warehouse Commissioners are hereby directed to make for each of the common carriersdoing business in this State, as soon as practicable, upon giving due notice to all parties interested therein, and after a hearing in relation thereto, a schedule of reasonable maximum rates or charges, classification, rules and regulations, for the transportation of persons or property on or by each of said common carriers, between points wholly within this State; and said schedule shall in all suits brought against such common carriers, wherein is in any way involved the charges of any such common carrier for the transportation of any person or property, or unjust discrimination, shall be deemed and taken in all courts of this State as prima facie evidence that the rates therein affixed are reasonable maximum rates and charges for the transportation of persons and property upon the common carriers for which said schedules may have been respectively prepared. Said commissioners may, from time to time, as often as circumstances require, change and revise said schedules. It shall be proper for said commissioners, either upon their own initiative or upon complaint, to enter upon a hearing for the purpose of investigating the necessity of any such revision. When any schedule shall have been made or revised as aforesaid, it shall be the duty of said commissioners to have the same printed by the State printer, under the contract governing State printing, and said commissioners shall furnish two copies of said printed schedule to the president, general manager, general superintendent or receiver of each common carrier doing business in this State. All such schedules heretofore or hereafter made shall be received and held in all suits as prima facie, the schedules of said commissioners without further proof than the production of the schedules desired to be used as evidence with a certificate of the Railroad and Warehouse Commissioners that the same is a true copy of a schedule prepared by them for the carrier therein named. And every such common carrier so receiving any such schedule from said Railroad and Warehouse Commissioners, shall cause same to be plainly printed and copies for the use of the public shall be kept in every depot, station or office of such carrier where passengers or property, respectively, are received for transportation, in such Railroad and Warehouse Commissioners. form that they shall be accessible to the public and can be conveniently inspected. Such schedules shall include and contain not only the rates, fares or charges to be charged, collected or received for the transportation of persons or property between points wholly within the State of Illinois, but also shall state separately all terminal charges, storage charges, icing charges or other charges which said Railroad and Warehouse Commissioners may require, or privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect or determine any part or the aggregate of such aforesaid rates, fares or charges of the value of the services rendered to the passenger, shipper or consignee: Provided, nothing in this section or Act shall be construed to repeal an Act to establish and regulate the maximum rate of charges for the transportation of passengers by corporations or companies operating and controlling railroads in part or in whole in this State and to provide penalties for the violation of the provisions thereof, and repealing all Acts and parts of Acts in conflict therewith, approved May 27, 1907, in force July 1, 1907. 199. § 33. Any railroad company or other common carrier or warehouseman, or any of their executive officers, who unlawfully neglect or refuse or fail to obey any order made by this commission and to carry the same into effect, in accordance with the terms of such order, shall be liable to a fine of not less than $100.00 nor more than $500.00 for failure to obey such order, writ, process or decree of said commission, such fine to be recovered in an action of debt in the name of the People of the State of Illinois, before any court of competent jurisdiction. Such fine, when so recovered, to be paid into the treasury of the State of Illinois. 200. § 34. All actions or proceedings instituted by the Railroad and Warehouse Commission shall be brought in the name of the People of the State of Illinois, and shall be prosecuted by the Attorney General. 201. 35. Any party to any proceedings before this § commission, or any party affected by any order thereof, may appeal to the circuit court of Sangamon county at any time within twenty days after service of a copy of such order on the parties of record in said proceedings. The party taking such an appeal shall file with the secretary of said commission at the office of said commission in Springfield, Illinois, written notice of said appeal. The commission, upon the filing of such notice of appeal, shall, within five days thereafter, file with the clerk of said circuit court of Sangamon county, Illinois, a certified copy of the pleadings and order appealed from. The party serving such notice of appeal shall, within five days after the service of said notice upon said commission, Penalty. Actions in peopletions by At name of Prosecu torney Gen- Appeals to Sangamon |