county treasurer to the state treasury; and the payment thereof may without prejudice to any other mode of recovering the same be enforced by attachment or order, in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court, saving to the commissioners and to any other party or person interested in the right to appeal to the supreme court of the state, under the same regulations now provided by law in relation to appeals to said court as to security for such appeal, except that in no case shall security for such appeal be required when the same is taken by said commissioners; but no appeal to said supreme court shall operate to stay or supersede the order of the court, or the execution of any writ or process thereon; and such court may in every such matter order the payment of such costs and attorney and counsel fees as shall be deemed reasonable. Whenever such petition shall be filed or presented, or be prosecuted by the said commissioners, or by their direction, they may require the attorney general of the state to prosecute the same, and in such prosecution he shall have the right to have the assistance of the state's attorney of any county in which any such proceedings are instituted; and it is hereby made the duty of any state's attorney to render such assistance; or the said commissioners may employ any other attorney or attorneys to prosecute the same or assist the attorney general of the state in such prosecution; and the costs and expenses on the part of said commissioners of any such prosecution shall be paid out of the appropriations for the expenses of said board of commissioners.

§ 20. COMMISSIONERS TO MAKE SCHEDULES OF MAXIMUM RATES AND FARES- -PUBLICATION OF TAKE EFFECT WHEN.] The board of railway commissioners of this state are hereby empowered and directed to make for each of the railroad corporations doing business in this state, as soon as practicable, a schedule of reasonable maximum fares and rates of charges for the transportation of passengers, freight and cars on each of said railroads, and said power to make schedules shall include the power of classification of all such freights, and it shall be the duty of said commissioners to make such classification. Provided, the maximum compensation per mile for the transportation of any person with ordinary baggage, not exceeding one hundred and fifty pounds, shall not be greater than three cents per mile between points where the distance traversed is entirely within this state, except upon narrow gauge railroads and said railroad commissioners shall for the purpose of making a maximum fare and charges for the transportation of passengers and freight, classify said railroads as far as practicable according to the gross amount of their respective annual earnings per mile within the state for the three years preceding the time of making the classification, and said classification may be changed from time to time as the railroad commissioners may order. Said schedules so made by said commissioners 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 passengers and 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 and passenger fares therein fixed are reasonable and just maximum rates of charges for the transportation of passengers, freight and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall from time to time, and as often as circumstances may require, change and revise said schedules. When any schedule shall have been made or revised as aforesaid, it shall be the duty of said commissioners to cause notice thereof to be published for two successive weeks in two public newspapers published, one in the county of Minnehaha and one in the county of Lawrence in this state, which notice shall state the date of the taking effect of said schedule, and said schedule shall take effect at the time so stated in such notice, and a printed copy of said revised schedule shall be conspicuously posted by such common carrier in each freight office and passenger depot upon its line or lines. All such schedules, so made, shall be received and held in all such suits as prima facie the schedule of said commissioners without further proof than the production of the schedule desired to be used as evidence, with a certificate of said railroad commissioners, that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named, and that notice of making the same has been published as required by law; Provided, that before finally fixing and deciding what the original maximum rates and fares and classifications shall be, it shall be the duty of the railroad commissioners to publish ten day's notice in two daily papers published, one in the county of Minnehaha and one in the county of Lawrence, setting forth in such notice that at a certain time and place they will proceed to fix and determine such maximum rates, fares and classification; and they shall at such time and place and as soon as practicable, afford to any person, firm or corporation, or common carrier who may desire it, an opportunity to make an explanation or showing or to furnish information to said commissioners on the subject of determining and fixing such maximum rates and classification; and in any event the original schedule of rates and classification of freights on all lines of railroads in South Dakota shall be fixed and shall go into effect on the first day of July, 1897.

-DUTY

§ 21. WHEN RATES ARE TOO HIGH OR DISCRIMINATING OF COMMISSIONERS.] Whenever any person upon his own behalf, or class of persons similarly situated, or any firm, corporation or association or any mercantile, agricultural or manufacturing society, or any body politic or municipal organization, shall make complaint to said board of railroad commissioners, that the rate or fares charged or published by any railroad company, or the

maximum rates and fares fixed by said commissioners in the schedules of rates and fares made by them under the provisions of section 20 of this act, is unreasonably high or discriminating, it shall be the duty of said commissioners to immediately investigate the matter of such complaint. If such complaint appears to be well founded and not trivial in character, the board shall fix a day for hearing the same and shall notify the railroad company of the time and place of such hearing by mailing a notice properly directed to any division superintendent, general or assistant superintendent, general manager, president or secretary of such company, which notice shall contain the substance of the complaint so made; and the board shall also notify the person or persons complaining, of such time and place.

$ 22. REASONABLE RATES OF FARES-HOW DETERMINED.] Upon such hearing so provided for, the said commissioners shall receive whatever evidence, statements or agreements either party may offer or make pertinent to the matter under investigation; and the burden of proof shall not be held to be upon the person or persons making the complaint, but the commissioners shall add to the showing made at such hearing whatever information they may have, or can secure from any source, whatsoever, and the person or persons complaining shall be entitled to introduce any published schedules of rates and fares of any railroad company, or evidence of rates and fares actually charged by any railroad company, for substantially the same kind of service, whether in this state or any other state; and the lowest rates and fares published or charged by any railroad company for substantially the same kind of service, whether in this state or any other state, shall, at the instance of the person or persons complaining, be accepted as prima facie evidence of a reasonable rate or fares for the services under investigation, and if the railroad company complained of is operating a line of railroad beyond the State of South Dakota, or if it appears that it has a traffic arrangement with any such railroad company, then the commissioners in determining what is a reasonable rate or fares, shall take into consideration the charge made or rate established by such railroad company, or the company with which it has traffic arrangements for carrying freight and passengers from beyond the state to points within the state, and from within the state to points beyond the state; and if such company be operating a line of railroad beyond the state they shall take into consideration the rate charged or established for a substantially similar or greater service by such company in any other state in which said railroad company operates a line of railroad.

§ 23. DECISION OF COMMISSIONERS SCHEDULE PRIMA FACIE EVIDENCE IN COURT.] After such hearing and investigation the said commissioners shall fix and determine a reasonable maximum charge to be thereafter made by the railroad company or common

carriers complained of and the said commissioners shall render their decision in writing; and shall spread the same at length in the record to be kept for that purpose; such decision shall specifically set out the sums or rate which the railroad company or common carrier so complained of, may thereafter charge or receive for the service therein named and including a classification of freight, and the said commissioners shall not be limited in their said decision and the schedule to be contained therein to the specific case or cases complained of, but it shall be extended to all rates and fares between points in this state, and whatever part of the line of railroad of such company or common carrier within this state as may have been fairly within the scope of such investigation, and any such decision so made and entered on record of said commissioners, including any such schedules and classifications, shall when duly authenticated be received and held in all suits brought against any such railroad corporation or common carrier wherein is in any way involved the charges of any such corporation or common carrier mentioned in said decisions, in any of the courts of this state, as prima facie evidence that the rates and fares therein fixed are reasonable maximum rates and fares the same as the schedules made by the commissioners as provided in Section 20 hereof; and the rates, fares and classifications so established after such hearing and investigation shall from time to time thereafter upon complaint duly made be subject to revision by said commissioners the same as any other rates, fares and classifications.

§ 24. PLACE OF PROCEEDINGS

QUORUM-MAY AMEND RULES RECORD KEPT MAY ADMINISTER. OATH.] That the said board of railroad commissioners may in all cases conduct its proceedings, when not otherwise particularly prescribed by law, in such manner and places as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commissioners shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceedings in which he has any pecuniary interest. Said commissioners may from time to time make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms and notices and the service thereof, which shall conform as nearly as may be to those in use in courts of this state. Any party may appear before said board of commissioners and be heard in person or by attorney. Every vote and official action of said board of commissioners shall be entered of record and its proceedings shall be public upon the request of either party or any person interested. Said board of railroad commissioners shall have an official seal, which shall be judicially noticed, and every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before said board.

§ 25. ANNUAL REPORT TO BE MADE BY COMPANY.] The said board of railroad commissioners is hereby authorized to require annual reports from all common carriers subject to the provisions of this act, to fix the time and prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions upon which the said commissioners may need information. Such annual reports shall show in detail the amount of the capital stock issued, the amounts paid therefor and the manner of the payment of the same, the dividends paid, the surplus fund, if any, and the number of stockholders, the funded and floating debts and the interest paid thereon, the costs and value of the carrier's property, franchises and equipments and the actual cost per mile in building the road, the number of employes and the salaries paid each class, the amounts expended for improvements each year, how and where expended and the character of such improvements, the earnings and receipts from each branch of business, and from all sources, the operating and other expenses, the balance of profit and loss, and a complete exhibit of the financial operations of the carrier each year including an annual balance sheet, and copies of all reports made by any station agent of said railroad corporation in this state to the auditor of said corporation. Such reports shall also contain such information in relation to rates or regulations, concerning fares or freights or agreements, arrangements or contracts with other common carriers as the commissioners may require. Such reports shall also contain such other statistics of the road and of its transportation business for the year ending upon the 30th day of June of each year as the commissioners shall require, and all such reports shall be made to said board of railroad commissioners on or before the 15th day of September of each year.

26. EXTORTION DEFINED.] If any railroad corporation or common carrier, subject to the provisions of this act, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for. the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track, or any of the branches thereof, or upon any railroad within this state which it has the right, license or permission to use, operate or control, or shall make any unjust and unreasonable charge prohibited in Section 5 of this act, the same shall be deemed guilty of extortion, and shall be dealt with as hereinafter provided, and if any such railroad corporation (or common carrier) shall be found guilty of any unjust discrimination as defined in Section 6 of this act, upon conviction thereof, shall be dealt with as hereinafter provided.

$ 27. COMMISSIONERS MAY REQUIRE ADDITIONAL REPORTS.] The board of railroad commissioners is also hereby authorized to require of any and all common carriers, subject to the provisions of this act, such other reports, besides the annual reports hereby