To enforce act limiting number of hours of service on railroad, see G. C. 9007. To compel introduction of fire extinguishers on passenger trains, see G C.

8938.

Appliances for blocking of railway frogs, etc., to be approved by, see G. C. 9009.

Duty as to construction of overhead wires over line of steam railroad, see G. C. 8975.

Employment of counsel, see G. C. 333.

SECTION 487. There shall be a commission known as the "Railroad Commission of Ohio," and in that name it may sue and be sued. The commission shall be composed of three commissioners, appointed by the governor, with the advice and consent of the senate. Biennially in the month of January the governor shall appoint one such commissioner who shall serve for a term of six years from the first Monday in February following his appointment, and until his successor is appointed and qualified. (98 v. 342 § 1.)

Name changed, G. C. § 614-1 (102 v. 549, § 2).

This and the following sections of this chapter are cited and referred to in Knecht v. Railway, 6 O. N. P. (N. S.) 13, 18 O. D. (N. P.) 202; Dairy Co. v. Railway, 7 O. N. P. (N. S.) 451, 19 O. D. (N. P.) 97.

This section must be construed in the light of and with reference to an established rule of the common law, which forbids that an officer clothed with the power of appointment to a public office shall forestall the rights and prerogatives of his successor by making a prospective appointment to fill an anticipated vacancy in an office, the term of which can not begin until after his own term and power to appoint have expired. Accordingly, a governor whose term of office expires on the second Monday in January, can not appoint a commissioner, whose term of office is to begin on the first Monday in the following February: State, ex rel., v. Sullivan, 81 O. S. 79; State, ex rel., v. Morris, 11 O. C. C. (N. S.) 547, 21 O. C. D. 119.

The governor can not appoint, without the consent of the senate, during a recess of the legislature for a specified period. His power to make recess appointments can be exercised only after a final adjournment of the legislature; State, ex rel., v. Morris, 11 O. C. C. (N. S.) 547, 21 O. C. D. 119.

It was not intended to include railroads which were engaged in interstate commerce in the provisions of this statute: Flemm v. Railway, 10 O. N. P. (N. S.) 273, 21 O. D. (N. P.) 152.

Railroad com

mission of Ohio; appointment and

term of commissioners.

sioners,

SECTION 488. One commissioner shall have a general Qualifications knowledge of railroad law, and each of the others shall have of commisa general understanding of matters relating to railroad transportation; but at no time shall there be more than two commissioners members of the same political party. No person so appointed shall be pecuniarily interested in a railroad in this state or elsewhere, and, if a commissioner voluntarily becomes so interested his office shall thereby become vacant. If he becomes so interested otherwise than voluntarily, he shall within a reasonable time divest himself of such interest; failing so to do, the governor shall remove him as provided in this chapter. (98 v. 342 § I.)

Must devote

office.

SECTION 489. No commissioner shall hold any other entire time to office or position of profit, or pursue any other business or vocation, or serve on or under a committee of a political party, but shall devote his entire time to the duties of his office. (98 v. 343 § 1.)

Oath of office.

Removal.

Vacancies.

Organization.

Secretary and clerks; ap

salaries.

SECTION 490. Before entering upon the discharge of the duties of his office, each commissioner shall take and subscribe to an oath of office, and in addition thereto swear that he is not pecuniarily interested in any railroad in his state or elsewhere, that he holds no other office of profit, and no position under a political committee or party. Such oath together with the oath of office shall be filed in the office of the secretary of state. (98 v. 343 § 1.)

SECTION 491. The governor may remove a commissioner for inefficiency, neglect of duty, or malfeasance in office. Before such removal he shall give such commissioner a copy of the charges against him, and fix a time when he may be heard, which hearing shall be open to the public, and not less than ten days thereafter. If he be removed, the governor shall file in the office of the secretary of state a complete statement of all charges against such commissioner, his findings thereon and the record of the proceedings. (98 v. 342 § I.)

SECTION 492. A vacancy in the commission shall be filled by appointment by the governor for the unexpired term, and such appointment shall be in full effect until acted upon by the senate. (98 v. 342 § 1.)

SECTION 493. On the second Monday of February in each odd numbered year, the commissioners shall meet at the office of the commission and elect a chairman, who shall serve for two years and until his successor is elected. A majority of the commissioners shall constitute a quorum to transact business, and a vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the commission, if a majority remains. (98 v. 343 § 1.)

SECTION 494. The commission may appoint a secrepointment and tary at a salary of not more than twenty-five hundred dollars per annum, and not more than three clerks, two of whom shall receive an annual salary not exceeding one thousand dollars each, and one of whom shall be an expert stenographer and receive an annual salary not exceeding twelve hundred dollars. It may appoint such experts as may be necessary to perform any service it may require of them, and fix their compensation. (98 v. 343 § 1.)

Duties of secretary.

SECTION 495. The secretary shall take and subscribe to an oath similar to that of the commissioners, keep full and correct records of all transactions and proceedings of the commission, and perform such other duties as may be

required by the commission. Any person ineligible to the office of commissioner shall be ineligible to the office of secretary, and the secretary shall be subject to the same restrictions as a commissioner in regard to holding any other office or position of profit, pursuing any other business or vocation, or serving on or under a committee of a political party. (98 v. 344 § I.)

SECTION 496. The commission may appoint inspectors Right of inwho, in the discharge of their duties, may inspect freight spectors. in the cars or warehouses of transportation companies, waybills, bill of lading and shipping receipts of such transportation companies. The compensation of such inspectors shall be fixed by the commission. (98 v. 343 § 1.)

SECTION 497. The commission may adopt and publish Rules and rules to govern its proceedings, and to regulate the mode regulations. and manner of investigations and hearings of railroads and other parties before it. All hearings shall be open to the public. (98 v. 344 § I.)

SECTION 498. The commission shall keep its office at the seat of government, but may hold sessions at any other place if the convenience of the parties so requires. It shall be furnished by the state with a suitable room or rooms, necessary office furniture, supplies, stationery, books, periodicals and maps. (98 v. 344 § 1.)

Office, furni ture and sup

plies.

SECTION 499. The commissioners, secretary, clerks, Expenses. and such experts as may be employed, shall be entitled to receive from the state their actual necessary expenses while traveling on the business of the commission. Such expenses shall be sworn to by the person who incurred them and approved by the chairman of the commission. All necessary expenses of the commission shall be audited and paid as other state expenses. (98 v. 344 § 1.)

SECTION 500. The commission may confer on any matters relating to railroads by correspondence or by attending conventions, or otherwise, with the railroad commissioners of other states, and with the interstate commerce commission. (98 v. 344 § 1.)

SECTION 501. The term "railroad" as used in this "Railroad" chapter shall include all corporations, companies, individuals, defined. associations of individuals, their lessees, trustees, or receivers appointed by a court, which owns, operates, manages or controls a railroad or part thereof as a common carrier in this state, or which owns, operates, manages or controls any cars or other equipment used thereon, or which owns, operates, manages or controls any bridges, terminals, union depots, side tracks, docks, wharves, or storage elevators used in connection therewith, whether owned by such railroad or otherwise. Such term "railroad" shall mean and

Other companies.

Application

to specified subjects.

Exceptions.

To what this chapter shall not apply.

Railroad re

embrace express companies, water transportation companies and interurban railroad companies and all duties required of and penalties imposed upon a railroad or an officer or agent thereof insofar as they are applicable, shall be required of and imposed upon express companies, water transportation companies and interurban railroad companies, their officers and agents. The commission shall have the power of supervision and control of express companies, water transportation companies and interurban railroad companies to the same extent as railroads.

SECTION 502. This chapter shall apply to the transportation of passengers and property between points within this state, to the receiving, switching, delivering, storing and handling of such property, and to all charges connected therewith, including icing charges and mileage charges, to all railroad companies, sleeping car companies, equipment companies, express companies, car companies, freight and freight line companies, to all associations of persons, whether incorporated or otherwise, which do business as common carriers, upon or over a line of railroad within this state, and to a common carrier engaged in the transportation of passengers or property wholly by rail or partly by rail and partly by water, or wholly of water. In addition thereto, the provisions of this act, shall apply to the regulation of any and all other duties, services, practices and charges of the railroad company, incident to the shipping and receiving of freight, which are proper subjets of regulation, excepting only, that they shall not apply to the regulation of commerce with foreign nations, and among the several states, and with the Indian tribes.

The Legislative intention, which is expressed in this section, underlies the entire act and limits its scope to intrastate commerce as distinguished from interstate commerce: Railroad Commission v. Railway, 12 O. C. C. (N. S.) 317, 21 O. C. D. 337 (affirming Railway v. Railroad Commission, & Ó. N. P. (N. S.) 233, 19 O. D. (N. P.) 691).

The railroad commission cannot make regulations to control car service and demurrage of interstate commerce: Railroad Commission v. Railway, 12 O. C. C. (N. S.) 317, 21 O. C. D. 337 (affirming Railway v. Railroad Commission, & O. N. P. (N. S.) 233, 19 O. D. (N. P.) 691).

A state court has no jurisdiction temporarily to enjoin the putting into effect of an increase in freight rates in interstate commerce until the interstate commerce commission shall determine the question of the unreasonableness of the proposed rate: Dairy Co. v. Railway, 7 O. N. P. (N. S.) 451, 19 O. D. (N. P.) 97. SECTION 503. This chapter shall not apply to street and electric railroads engaged solely in the transportation of passengers within the limits of cities, or other private railroads not doing business as common carriers. (98 v. 345 § 2.)

SECTION 504. Each railroad shall furnish reasonably quired to fur adequate service and facilities. The charges made for any service rendered or to be rendered in the transportation of passengers or property, or for any service in connection

nish adequate service and facilities.

therewith, or for the receiving, switching, delivering, storing or handling of such property, shall be reasonable and just. Every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

345

665.

3.)

(98 v.

Cited Railroad v. Railroad Commission, 10 O. N. P. (N. S.)

This section authorizes the railroad commission to prescribe reasonable regulation, practice or service to be observed or followed where the service or practice makes an unfair discrimination: Coal & Coke Co. v. Railroad Commission, 8 O. N. P. (N. S.) 585.

The commission can not determine in advance, regardless of future existing conditions, what distribution of car service must be made: Coal & Coke Co. v. Railroad Commission, 8 O. N. P. (N. S.) 585.

This section together with 519, requires railroads to be equipped with reasonable facilities, but it does not require any railroad to open its public tracks or its steam tracks to another railroad: Rheinstrom v. Railway, 4 O. L. R. 755. (Railroad Commission.)

For the question of what are reasonable charges, see Warner v. Railroad, 8 O. L. R. 251; Gravel & Sand Co. v. Railroad, 8 O. L. R. 263.

Failure to provide a station building at a village containing about one thousand inhabitants, amounts to inadequate facilities within the meaning of this section, and the railroad commission has jurisdiction, power and authority to order and require reasonably adequate station facilities: Greenwich v. Railway, 6 O. L. R. 51. (Railroad Commission.)

A platform, with a covering, will be ordered where there is a steady volume of business but not enough to justify a station: Good v. Railway, 8 O. L. R. 260, 55 Bull. 322.

Reasonably adequate passenger service, under this section, means a seat for each passenger where the company is advised of the situation or can forsee the necessity of the service: Machine Co. v. Traction Company, 5 O. L. R. 364. (Railroad Commission.)

Four passenger trains each way every twenty-four hours furnished adequate service for a village containing a population of one hundred and fifty, with a surrounding community of about one thousand: Cloppert v. Railroad, 5 O. L. R. 431. (Railroad Commission.)

In determining what are reasonable charges for transporting passengers, competition is an element to be considered in determining whether rates are reasonable and just, and the fact that a competitive rate is less than the rate of other competitive carriers does not of itself constitute undue and unreasonable discrimination. Such discrimination must be ascertained from a conclusion of all the facts and circumstances of each case. Accordingly, a railroad may reduce its rates between stations where it is paralleled by an interurban road, without making a proportionate reduction between other points where such competition did not exist: Railroad Commission y. Railway, 82 O. S. 25 (affirming Railway v. Railroad Commission, 5 O. N. P. (N. S.) 265, 18 O. D. (N. P.) 21, which reversed Price v. Railway, 5 O. L. R. 69). (Railroad Commission.)

The restrictions, limitations and prohibitions of this statute are matters between the state and the company. Accordingly, they do not prevent the sale of unused portions of passenger tickets if no contractional provision in such ticket is violated: Knecht v. Railway, 6 O. N. P. (N. S.) 13, 18 Q. D. (N. P.) 202, See, also G. C. 567.