Railroad re

schedules

with commission.

SECTION 505. Each railroad shall print in plain type quired to file and file with the commission, within a time fixed by the commission, schedules which shall be open to public inspection, showing all rates, fares and charges for transportation of passengers and property, and any service in connection therewith, which such railroad has established and which are in force at such time between all points in this state upon its line, or any line controlled or operated by it. (98 v. 345 § 4.)

What sched

ules shall contain and

SECTION 506. The schedules shall plainly state the places upon the line of such railroad or upon any line conwhere posted. trolled or operated by it in this state between which passengers and property will be carried, and there shall be filed with such schedule the classification of freight in force. As a part of such schedules, each railroad shall publish the rules and regulations affecting the rates charged or to be charged for transportation of passengers or property; also its charges for delay in loading or unloading cars, for track and car service, rental, demurrage switching, terminal or transfer service, or for any other service in connection with transportation of persons or property. Two copies of such schedules, in such form and place as to be accessible for inspection by the public, shall be filed and kept on file in every depot, station and office of such railroad where passengers or freight are received for transportation. (98 v. 345 § 4.)

Schedules of joint rates.

Changes in schedules.

Posting changes in schedules.

SECTION 507. When passengers or property are transported over connecting lines in this state operated by two or more railroads, and such railroads establish joint rates, fares and charges, a schedule thereof, compiled as provided in the next preceding section, shall be printed, filed with the commission and filed in every depot, station and office of such railroads where passengers or property are received for transportation. (98 v. 345 § 4.)

SECTION 508. No change thereafter shall be made in any schedule, including schedule of joint rates, or in any classification, except upon ten days' notice to the commission. All such changes shall be plainly indicated upon existing schedules, or by filing new schedules ten days prior to the time they are to take effect, but the commission, upon application of any railroad, may prescribe a less time within. which a reduction may be made. Copies of all new schedules shall be filed as provided in the preceding section. in every depot, station and office of such railroad ten days prior to the time they are to take effect, unless the commission shall prescribe a less time. (98 v. 346 § 4.)

SECTION 509. When a change is made in an existing schedule, including schedules of joint rates, the railroad shall post a notice in a conspicuous place in every depot, station and office, stating that changes have been made in

the schedules on file, specifying the class or commodity affected and the date when such changes will take effect. (98 v. 346 § 4.)

SECTION 510. No railroad shall charge, demand, collect or receive a greater or less compensation for the transportation of passengers or property, or for any service in connection therewith, than is specified in such printed schedules, including schedules of joint rates, as being then in force. The rates, fares and charges named therein shall be the lawful rates, fares and charges until they are changed as provided in this chapter. (98 v. 346 § 4.)

Charges shall conform to

schedule.

Commission

forms.

SECTION 511. The commission may prescribe such changes in the form in which schedules are issued by a rail- shall prescribe road as may be found expedient. Such schedules, as far as practicable, shall conform to the forms prescribed by the interstate commerce commission. (98 v. 346 § 4.)

SECTION 512. When passengers or property are transported over two or more connecting lines of railroad between points in this state, and the railroad companies have made joint rates for the transportation of such passengers or property, such rates and all charges in connection therewith shall be just and reasonable, and every unjust and unreasonable charge is prohibited and declared to be unlawful; but a less charge by each of such railroads for its proportion of such joint rates than is made locally between the same points on their respective lines shall not for that reason be construed as a violation of the provisions of this chapter, nor render such railroads liable to any of the penalties thereof. (98 v. 346 § 5.)

Rates shall be just and rea

sonable.

tract rates.

SECTION 513. Nothing in this chapter shall prevent Special conconcentration, commodity, transit and other special contract rates, but all such rates shall be subject to the provisions of this chapter as to their printing and filing, shall be open to all shippers for a like kind of traffic under similar circumstances and conditions, and shall be under the supervision and regulation of the commission. 246 § 6.)

(98 v.

SECTION 514. The classification of freight in the state Classification shall be uniform on all railroads. (98 v. 347 § 7.)

of freight shall be uniform.

SECTION 515. Nothing in this chapter shall prevent the carriage, storage or handling of freight free or at reduced rates, for the United States, the state, any political subdivision or municipality thereof, for charitable purposes, Exceptions as to and from fairs and expositions for exhibition thereat, to freight or the property of railway employees for their own exclusive use or consumption or that of their families; or the issuance of mileage, commutation or excursion passenger tickets, if obtainable by any person applying there

rates.

Prohibiting

tation by

railroad company.

Exceptions.

for without discrimination, or of party tickets, if obtainable by all persons applying therefor under like circumstances and conditions.

The provision of this section with reference to issuing mileage commutation or excursion passenger tickets is permissive only, and a railroad may sell commutation tickets between two given points and refuse to sell such tickets between one of said points and a point more remote: Shyrock v. Railroad, 4 O. L. R. 614, 6 O. L. R. 19. (Railroad Commission.)

The fact that commutation tickets have been offered for sale does not prevent the railroad from withdrawing such rate as to tickets not sold: Shyrock v. Railroad, 4 O. L. R. 614, 6 O. L. R. (Railroad Commission.)

19.

The selection of school children as a class to whom special commutation tickets will be sold is not an arbitrary selection of the class, and is not an unreasonable discrimination against children traveling for other than school purposes: Shyrock v. Railroad, 6 O. L. R. 19. (Railroad Commission.)

This section does not prevent the holder of a ticket, sold to him at a reduced rate, from selling to a third person the unused return coupon : Knecht v. Railway, 6 O. N. P. (N. S.) 13, 18 O. D. (N. P.) 202.

SECTION 516. No railroad company, owning or opfree transpor erating a railroad wholly or partly within this state, shall, directly or indirectly, issue or give a free ticket, free pass, or free transportation for passengers, except to its employes and their families, its officers, agents, surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries of railroad young men's christian associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the national homes or state homes for disabled volunteer soldiers, and soldiers' and sailors' homes, including those about to enter and those returning home after discharge, and boards of managers of such homes; to necessary caretakers of live stock, poultry and fruit; to employes on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to railway mail service employes, postoffice inspectors, custom inspectors and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the railroad is interested, persons injured in wrecks and physicians and nurses attending such persons. Provided, that the term "employes" as used in this paragraph shall include furloughed, pensioned, and superannuated employes, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and ex-employes traveling for the purpose of entering the service of any such common carrier; and the term "families" as used in this paragraph shall include the families of those persons named in this proviso and also the widows

Definitions.

and dependent children of employes who died while in the service of any common carrier.

SECTION 517. The next preceding section shall not be Passes may be construed to prohibit the interchange of passes for the of- interchanged. ficers, agents, and employees and their families; nor to prohibit any railroad company from carrying passengers free in order to provide relief in cases of general epidemics, pestilence, or other calamitous visitation. (99 v. 128 § 8.)

SECTION 518. Any railroad company violating a pro- Penalty. vision of the preceding three sections, for each offense, shall be fined not less than fifty dollars nor more than five hundred dollars, and any person other than the persons excepted in such sections, who uses such free ticket, free pass, or free transportation, shall be subject to a like penalty. V. 128 § 8.)

(99

Depots,

sidetracks.

SECTION 519. Each railroad shall provide and maintain adequate depots and depot buildings at its regular stations switches and for the acommodation of passengers, and such depot buildings shall be kept clean, well lighted and warmed, for the comfort and accommodation of the traveling public. Each railroad shall provide and maintain adequate and suitable freight depots, buildings, switches and sidetracks for receiving, handling and delivering freight, transported or to be transported by such railroads; but this section shall not be construed as repealing any existing law on the subject. (98 v. 347 § 9.)

This section, together with 504, requires railroads to be equipped with reasonable facilities, but it does not require any railroad to open its public or team tracks to another railroad: Rheinstrom v. Railway, 4 O. L. R. 755. (Railroad Commission.)

A railroad may be required to furnish such facilities as the necessity of the public demands, and the commission may require a railroad to construct a station building, even though it may not be a regular station, within the meaning of this section: Greenwich v. Railway, 6 O. L. R. 51. (Railroad Commission.) See note to G. C. 504.

SECTION 520. If within its power so to do, and upon Supply of reasonable notice, each railroad shall furnish suitable cars cars. for all persons who may apply therefor, for the transportation of any and all kinds of freight in car load lots. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the applicants therefor in proportion to their respective immediate requirements, without discrimination between shippers or competitive or non-competitive places; but preference may be given to shipments of live stock and perishable property. (98 v. 347 § 10.)

Railroad fuel cars should not be included with the regular equipment of a railroad in determining a reasonable distribution of cars to coal mines along its lines: Coal & Coke Co. v. Railroad Commission, 8 O. N. P. (N. S.) 585, 19 O. D. (N. P.) 783.

Commission

regulations as

It is the duty of a railroad to furnish suitable cars to all shippers impartially, and in determining the available equipment of a railroad, cars furnished by individuals must be included: Coal Co. v. Railroad, 4 O. L. Ř. 639. (Railroad Commission.)

The railroad commission can not promulgate, under arbitrary rule, as to the distribution of cars in the future, without regard to the circumstances and conditions as they may then exist: Coal & Coke Co. v. Railroad Commission, 8 O. N. P. (N. S.) 585, 19 O. D. (N. P.) 783.

This statute does not require a railroad to be ready at all times to meet, on a day's notice, unforseen emergencies in cases where an industry is so uncertain that a carrier is unable to keep itself informed as to what the future requirements for cars may be. The shipper must give a reasonable notice of his requirements Clay Co. v. Pennsylvania Co., 6 O. L. R. 133. (Railroad Commission.)

A railroad must make an effort, in good faith, to ascertain the probable amount of business of each shipper without discrimination and to ascertain its available cars, according to its respective requirements of the several shippers: Carbon Coal Co. v. Railroad, 7 O. L. R. 196 (modifying 6 O. L. R. 528). (Railroad Commission.)

If a railroad company refuses to furnish gondola or open cars to wagon mines, except when tipple mines are supplied with all the open cars which they need, and such rule imposes upon wagon mines an additional expense and inconvenience in loading box cars, this amounts to a discrimination in favor of the tipple mines. If there is a shortage of open cars and the supply thereof is not sufficient to provide for the tipple mines, nevertheless the available cars should be distributed among the applicants in proportion to their respective immediate requirements, without any discrimination. Mines which do not ship all the year around must not be discriminated against under such circumstances: Railway v. Railroad Commission, 6 O. N. P. (N. S.) 273, 18 O. D. (N. P.) 519.

If the supply of coal cars is insufficient in a coal field, it is the duty of the railroad company to pro rate the supply on hand among the different shippers without discrimination, and, in making such distribution, wagon mines should be included as well as tipple mines: Oeffler v. Railway, 4 O. L. R. 709, 52 Bull. 134. (Railroad Commission.)

The railroad commission has no power to regulate car service and demurrage charges with reference to cars employed in interstate commerce: Railroad Commission v. Railway, 12 O. C. C. (N. S.) 317, 21 O. C. D. 327 (affirming Railway v. Railroad Commission, 8 Ó. N. P. (N. S.) 233,) 19 O. D. (N. P.) 691.

SECTION 521. The commission may enforce reasonable shall enforce regulations for furnishing cars to shippers, switching, loading and unloading them, and the weighing of cars and freight offered for shipment over any line of railroad. (98 v. 348 § 10.)

to cars.

Interchange of traffic.

SECTION 522. Steam railroad companies as between themselves, and interurban and electric railroads as between themselves, shall afford reasonable and proper facilities for interchange of traffic between their respective lines, for forwarding and delivering passengers and property, and shall transfer and deliver without unreasonable delay or discrimination cars, loaded or empty, freight or passengers, destined to a point on its own or connecting lines; but precedence over other freight may be given to live stock and perishable freight. (98 v. 348 § 11.)