changes as they may make. [Constitution (1880), art. 13 section 22.]

In Southern Pac. Ry. v. Railroad Comm'rs, 78 Fed. 236 (1896), it was held that the railroad commission could not so reduce rates as to leave to the railroad less than enough to pay all proper annual chares, including a fair return upon its investment.

1254. Florida,

That said commissioners shall make and furnish to each railroad corporation doing business in this State, as soon as practicable, a printed or written schedule of just and reasonable rates and charges for transportation of freights, passengers, and cars, on its railroad or railroads under its control or management, and such schedule, certified by the chairman of the commissioners, shall be admitted in evidence without necessity for other proof, and shall in all suits brought against any railroad corporation wherein is involved the rates of any such railroad corporation for the transportation of freight of any description, or charges for the transportation or use of any kind of car upon the tracks of any railroad or any of the branches thereof, or for the transportation of any passenger or passengers, or for any unjust discrimination in relation thereto, be deemed and taken in all the courts of this State as prima facie evidence that the rates fixed in such schedule are just and reasonable rates of charges for the transportation of freight, cars and passengers upon the railroads, and said commissioners shall, as often as circumstances may require, change or revise any schedule or schedules, and furnish all railroad companies doing business in this State with notice of such changes or revisions and such notice shall state the time when such changes or revisions shall go into effect. [Laws of 1899 (No. 39), chap. 4700.]

In State ex rel. v. Seaboard Air Line, 38 So. 658 (1904), it was held that the burden was upon the railroad company to prove that the specific rate prescribed by the Railroad Commission, together with the other rates prescribed by it, deprives the company of the rates guaranteed to it by

the Federal Constitution. See, also, Pensacola & A.' R. R. v. Florida, 27 Fla. 403, 5 So. 833 (1889).

1255. Georgia.

That the said railroad commissioners are hereby authorized and required to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of just and reasonable rates of charges for the transportation of passengers and freights and cars on each of said railroads; and said schedule shall, in suits brought against any such railroad corporations wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads; and said commissioners shall, from time to time, and as often as circumstances may require, change and revise said schedules. [Acts of 1878-79, No. 269, section 6.]

See State v. Wrightsville & T. R. R., 104 Ga. 437, 30 S. E. 891 (1900), as to the limitations upon this power, holding that the Commission cannot require the making of joint through arrangements. But see Augusta B. Co. v. Central of Ga. Ry., 121 Ga. 48, 48 S. E. 714 (1904), holding that the Commission has power to issue rules against preferential rates.

§ 1256. Illinois.

The railroad and warehouse commissioners are hereby directed to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of reasonable maximum rates and charges for the transportation of passengers and freights and cars of each of said railroads; and said schedule shall in all suits brought against such railroad corporations wherein is in any way involved the charges of any such railroad corporation for the transportation of any passengers or freight or cars, or unjust discrimination in

relation thereto, be deemed and taken in all courts of this State as prima facie evidence that the rates fixed therein are reasonable maximum rates of charges for the transportation of passengers and freights and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall, from time to time, as often as circumstances may require, change and revise said schedules. [Annotated Code (1896), chap. 114, ¶ 173.]

This legislation is constitutional. Chicago, B. & Q. R. R. v. Jones, 149 Ill. 361, 37 N. E. 247 (1894); Ruggles v. Illinois, 108 U. S. 526, 27 L. Ed. 812 (1882). See, as to the functions of the Commission, St. Louis, A. & T. H. R. R. v. Hill, 11 Ill. App. 248 (1883), and St. Louis & C. R. R. v. Blackwood, 14 Ill. App. 503 (1884).

§ 1257. Indiana.

The Commission shall have power as hereinafter provided and it shall be its duty from time to time, to alter, change, amend or abolish any classification or rate established by any railroad company or companies whenever found to be unjust or discriminative, and such amended, altered or new classifications or rates shall be put into effect by said railroad company or companies.

The Commission may adopt and enforce such rules, regulations and modes of procedure as it may deem proper, to hear and determine complaints that may be made against the classifications or the rates maintained by the common carriers subject to the provisions of this Act, or against the rules, regulations and determinations of the Commission. The Commission shall enforce as hereinafter provided, reasonable and just rates of charges for each railroad company subject hereto for the use or transportation of loaded or empty cars on its roads; and may so enforce for each railroad, or for all railroads alike, reasonable rates for storing and handling of freight and for the use of cars not unloaded after forty-eight hours' notice to the consignee, not to include Sundays or legal holidays. The Commission shall enforce reasonable rates, as hereinafter provided, for the trans

portation of passengers over each or all of the railroads subject hereto, which rates shall not exceed the rates fixed by law. The Commission shall have power to enforce reasonable rates, tolls or charges for all other service performed by any railroad subject hereto.

The provisions of this section shall be construed to mean that the Commission shall have power to correct, alter, change, or establish rates, charges, classifications, rules or regulations where the railroads or express companies respectively, or any of them, fail to have just and reasonable and indiscriminative rates, charges, classifications, rules and regulation[s] in operation and effect, and shall exercise such power only where some person or corporation is injuriously affected by such rate, charge, classification, rule, or regulation, shall have filed with said Commission a written verified complaint setting forth the unreasonable character of the rate, charge, classification, rule or regulation complained of, and when any such complaint shall have been filed, the said Commission shall have power to proceed to hear and determine said complaint and consider the reasonableness of such rate, charge, classification, rule or regulation, after the notice provided for in section 4 of this Act has been given, and after such hearing shall make such corrections, alterations, changes or new regulations, or any part thereof as may be necessary to prevent injustice and discrimination to the party complaining: Provided, that any such rate, charge, or classification, rule or regulation shall have been changed or modified by any order of said commission, such order shall operate for the benefit of all persons or corporations, situated similarly with said complaining party and on the line of said railroad complained of: Provided further, That at any hearing provided for in this section, all oral testimony heard by the Commission shall be taken down in shorthand, and all documentary evidence heard or considered, and all pleadings and other papers pertaining to such hearing shall be kept on file in the office of the Commission, so that a complete transcript of all such proceedings, including all

the evidence, may be made whenever required. [Acts of 1905, ch. 53, section 3.]

$1258. Iowa.

Commissioners' schedules of rates-effect.

The schedules of reasonable maximum rates of charges for the transportation of freight and cars, together with the classification of such freights now in effect, shall remain in force until changed by the board according to law, which, in all actions brought against railway corporations, wherein there are involved the charges thereof for the transportation of any freight or cars, or any unjust discrimination in relation thereto, shall be taken as prima facie evidence in all courts that the rates fixed therein are reasonable and just maximum rates of charge for which said schedules have been prepared. The board shall from time to time, and as often as circumstances may require, change and revise such schedules, but the rates fixed shall not be higher than established by law. [Code (1897), section 2138.]

The general principles to be employed by the courts in passing upon the rates by the Commission are set forth in Chicago & N. W. Ry. v Dey, 35 Fed. 866 (1888). A schedule of rates under this section having been adopted by the Commissioners, remains in force until the publication of a change in rates as herein provided. Hopper v. Chicago, M. & St. P. Ry., 9 Iowa, 639, 60 N. W. 487 (1898).

§ 1259. Kansas.

Sec. 4. The power and authority is hereby vested in the Board of Railroad Commissioners, and it is hereby made its duty to supervise all railroad freight and passenger schedules of rates, tariffs, and classifications, and all rules and regulations governing car service, the transfer and switching of cars from one railroad to another at junction points or where entering the same city or town, all charges to be made therefor, as well as the rules and regulations adopted by any railroad company for the operation of its road in the running of trains. It shall be the duty of said board, from time to time, to alter, change or amend