absurdity of such an exception in respect to remedial statutes is seen from the fact that every remedial statute must of necessity be in derogation of the common law. A statute extending the right of appeal is remedial and may be carried by construction beyond, but not against the letter even retrospectively, if no vested right is thereby interfered with. Converse vs. Burrough, 2 Minn., 22. A statute giving to absent creditors further time for proof of claims against the estate of deceased persons is remedial and is to be so construed as to extend the remedy.

There can be no question but the statute under consideration is a remedial statute, and the rule of construction should be applied so as to remove the evil and extend the benefit proposed, and the words of the statute are to be construed largely and beneficially, so as to suppress the mischief and advance the remedy. And it is by no means unusual in construing a remedial statute to extend the enacting words beyond their natural import and effect in order to include cases within the same mischiefs. St. Peters, York, Dean & Ch. vs. Middleborough, 2 Y. & J., 196.

On this ground, in the Magdalene College case, notwithstanding the general rule is that the crown is not affected except by express words, it was held that the Queen was bound by an act couched in general terms. In that case, says Lord Coke, "It was never seen that an act made for the maintenance of religious advancement, of learning, and exhibitions of poor scholars, and therefore to be favorably considered, by which the same great and dangerous mischiefs should remain, and the necessary and profitable remedy be suppressed, and the Queen made the instrument of injury and wrong." 11 Reports, 77,

716.

In remedial statutes, says Lord Mansfield, "this construction of statutes is extended to other cases within the reason and rule of them. So, again, it has been held, in case of a remedial act, that everything is to be done in advancement of the remedy that can be given consistently with any construction that can be put upon the statute. So, under the statute against fraud, 13 Elizabeth, Chapter 5, the words good consideration were held to exclude the consideration

of nature or blood, and to mean, money or other valuable consideration, on the ground that otherwise the statute would serve for little or nothing, and no creditor would be sure of his debt. So the statutes against fraud are said to be liberally construed."

In this country, too, it has been repeatedly held that remedial or beneficial statutes are to be liberally construed. Administrator of Tracey vs. Ad'r of Cord, 2 Ohio St. Rep. N. S., 431. So, in Maryland, an act passed as to its preamble declared to do away "a most oppressive and pernicious practice," was declared a remedial statute and to be liberally construed. "My judgment," says Chancellor Jones, "must be borne down by the force and weight of authority before I can deny to legislative enactment the liberal being in and equitable construction which will give them the attributes of a nursing mother equally with the common law."

With these general principles of construction in view, and by the light shed upon the statute by the decisions applied in the construction of statutes of this character, let us examine the statute entitled, "An Act to regulate railroads, prevent unjust discriminations, provide for a Board of Transportation, and define its duties, and to repeal Articles 5 and 8 of Chapter 72, entitled 'Railroads,' of the Revised Statutes, and all acts and parts of acts in conflict herewith."

The first section of said act provides that all charges made for any service rendered or to be rendered in the transportation of passengers and property shall be reasonable and just, and every unjust and unreasonable charge is prohibited and declared to be unlawful.

Section six of the act provides that every common carrier subject to the provisions of this act shall print and keep for public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any common carrier has established, and which are in force at the time upon its railroad, as defined by the first section of this act. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force upon such railroad, and shall also state separately the terminal charges and any

rules or regulations which in any wise change, effect, or determine any part of the aggregate of such aforesaid rates, fares, and charges. Such schedules shall be printed in large type of at least the size of ordinary pica, and copies for the use of the public shall be kept in every depot or station upon any such railroad, in such places and in such form that they can be conveniently inspected. No advance shall be made in the rates, fares, and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days public notice, which shall plainly state the changes proposed to be made in the schedule then in force and the time when the increased rates, fares, and charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules then in force at the time, and kept for public inspection. Reductions in such published rates, fares, and charges may be made without previous public notice; but whenever any such reduction is made, notice of the same shall be publicly posted, and the changes shall be immediately made public by printing new schedules, or shall immediately be plainly indicated upon the schedule at the time in force and kept for public inspection. And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provisions of this section, it shall unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedules of rates, fares, and charges as may at the time be in force.

any

Section 13 reads as follows: "That any person, firm, corporation, ente?ssociation, or any mercantile, agricultural, or manufacturing society, or any political or municipal organization, complaining of thing done or omitted to be done, by any common carrier, subject to the provisions of this act in contravention to the provisions thereof, may apply to said board by petition, which shall briefly state the facts whereupon a statement of the charges thus made shall be forwarded by the board to such common carrier, who shall be called

upon to satisfy the complaint, or to answer the same in writing within a reasonable time, to be specified by the board. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said common carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such common carrier shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the board to investigate the matter complained of in such manner and by such means as it shall deem proper. No complaint shall at any time be dismissed because of absence of direct damage to the complainant."

"Section 14. That whenever an investigation shall be made by said board it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the board are based, together with its recommendation as to what reparation, if any, could be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall hereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found. All reports of investigations made by the board shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of."

"Section 15. That if in any case in which an investigation shall be made by said board, it shall be made to appear to the satisfaction of said board, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this act, or any law cognizable by said board, by any common carrier, or that injury or damage has been sustained s esparty or parties aggrieved in consequence of any such violation, it shall be the duty of the board to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the board,

and if within the time specified it shall be made to appear to the board that said common carrier has ceased from such violation of law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the board, or to the satisfaction of the party complaining, a statement to that effect shall be entered of record by the board, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law."

The legal questions presented in the construction of this statute, and more particularly the sections herein quoted, are: 1st, Does the act confer upon the Board of Transportation power to say that a rate thus published is unjust and unreasonable, and to what particular extent the rate is unjust and unreasonable, and does this act confer upon the Board the power to say what is a reasonable rate? 2d, Under this act, can a person, corporation, town, or community complain before the Board of Transportation that rates published as required by section six above quoted, are unjust and unreasonable, and has the Board the power and authority to hear such complaint, and find the fact whether said published rates are unjust and unreasonable, and to what extent the same are unjust and unreasonable, and thereby practically find what is a reasonable rate?

The printing and posting of the rates or schedules of fares, as required by section six, is a charge and demand for the schedule rate or price fixed in the schedule for any shipment of freight or class of freight therein specified, and this demand or charge might be unjust and unreasonable to such an extent as to prevent shipments and stop traffic, and prevent persons from entering upon legitimate business enterprises, and it might be of the first importance to one about to enter u on a business enterprise to know what was a reasonable rate, and what an unreasonable rate for transportation. So of the community, and of the individual shipper. They are alike interested to know this important fact. Before this act was passed shippers could appeal to the courts for the determination of the reasonableness of the rate charged in a given case when the rate had been paid. The evident intention of this act is to furnish shippers a more expeditious