changed or modified by commission or by an order of a competent court in an action under the provisions of this chapter. Code 1910, sec. 541.

All regulations, practices and service prescribed by commission shall be in force and be prima facie reasonable unless 1433 suspended or found otherwise in an action brought for that purpose pursuant to the provisions of this chapter or until changed or modified by commission. Same, sec. 542.

OKLAHOMA

All rates, charges, classifications, rules and regulations adopted, or acted upon, by any transportation and 1434 transmission companies, inconsistent with those prescribed by commission, shall be unlawful and void. Const., art. ix, sec. 18.

OREGON

All rates, fares, charges, classifications and joint rates fixed by commission shall be in force and shall be prima facie lawful, and all regulations, practices and service 1435 prescribed by commission shall be in force and prima facie reasonable until finally found otherwise in an action brought for that purpose pursuant to the provisions of sections 32, 33, 34 and 35 of this act. Gen. Laws 1907, ch. 53, sec. 31.

All rates, tolls, charges, schedules and joint rates fixed by commission shall be in force and shall be prima facie lawful and all regulations, practices and services prescribed by commission 1436 shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose pursuant to the provisions of sections 54, 55, 56 and 57 of this act. Gen. Laws 1911, ch. 279, sec. 53.

SOUTH CAROLINA Schedules made by commission shall in suits. brought against any railroad corporation wherein is involved the charges of any such railroad corporation for the transportation 1437 of any passenger or freight or cars or unjust discrimination in relation thereto, be deemed and take in all of the courts of the state as sufficient evidence that the rates therein fixed are just and reasonable rates. Gen. Stats. 1902, sec. 2093.

Schedules made or revised by commission shall not be taken as evidence as herein provided until schedules have been prepared and published as required by law for all the railroad companies now organized under the laws of this state or that may be organized at the time of said publication. All such schedules purporting to be printed and published as aforesaid shall be re1438 ceived and held in all such suits as prima facie the schedules of commission without further proof than the production of the

schedule desired to be used as evidence with a certificate of the railroad commission that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named and that the same has been duly published as required by law. Same.

SOUTH DAKOTA

The schedules made by comm:ssion shall in all suits brought against railroad corporations wherein is in any way involved the charges of any such railroad corporation for 1439 the transportation of passengers and freight or cars or unjust discrimination in relation thereto, be deemed and taken in all courts of the state as prima facie evidence that the rates and passenger fares therein fixed are reasonable and just maximum rates. Rev. Pol. Code 1903, sec. 450.

All schedules made by commission shall be received and held in all such suits as prima facie the schedules of commission without further proof than the production of the schedule de1440 sired to be used as evidence with a certificate of commission that the same is a true copy of the schedule prepared by it for the railroad company or corporation therein named, and that notice. of making the same has been published as required by law. Same. The schedules made by commission shall in all suits brought against common carriers wherein is in any way involved the charges of any such common carrier for the transportation of passengers, freight, cars, express or messages by telephone or un1441 just discrimination in relation thereto, be deemed and taken in all courts of the state as prima facie evidence that the rates and passenger fares therein fixed are reasonable and just maximum rates. Sess. Laws 1911, ch. 207, sec. 20.

All schedules made by commission shall be received and held in all suits as prima facie the schedule of commission without further proof than the production of the schedule desired to be 1442 used as evidence with a certificate of commission that the same is a true copy of the schedule prepared by it for the common carrier or corporation therein named and that notice of making the same has been given as required by law. Same.

Any decision with respect to rates made by commission and entered upon record including any schedule and classification shall, when duly authenticated, be received and held in all suits 1443 brought against any common carrier wherein is in any way involved the charges of any such corporation or common carrier mentioned in said decision in any of the courts of the state as

prima facie evidence that the rates and fares therein fixed are reasonable maximum rates and fares. Same, sec. 23.

TEXAS

See also pars. 1167, 1170, 1173.

In all actions between private parties and railway companies, the rates, charges, orders, rules, regulations and classifications prescribed by commission before the institution of such action shall be held conclusive and deemed and accepted to 1444 be reasonable, fair and just and in such respects shall not be controverted therein until finally found otherwise in a direct action brought for that purpose in the manner prescribed in articles. 4565 and 4566. Sayles' Civ. Stats. 1897, art. 4564.

VIRGINIA 1445

WISCONSIN

Identical with par. 1434. Const., sec. 156(b).

All rates, fares, charges, classifications and joint rates fixed by commission, shall be in force and shall be prima facie lawful and all regulations, practices and service pre1446 scribed by commission shall be in force and prima facie reasonable until finally found otherwise in an action brought for that purpose pursuant to the provisions of section 16 of this act. 1905, ch. 362, sec. 1797-15.

Laws

All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the com1447 mission shall be in force and shall be prima facie reasonable until finally found otherwise in an action brought for that purpose pursuant to the provisions of section 1797m-64. Laws 1907, ch. 499, sec. 1797m–63.

CHAPTER V

Publicity of Rates

SCOPE NOTE

This chapter includes provisions prescribing publicity in the establishment and change of rates by utilities or commissions, and such grants of power as authorize commissions to render publicity in rate making effective. For provisions incidentally involving publicity of rates, schedules or classifications on file with commissions, see ch. xiv, on commission procedure and practice. For provisions prohibiting any rates other than those specified in published schedules or the remittance of any portion of such rates, and for those requiring the publication and filing with commissions of lists of persons to whom free or reduced rate or special service has been granted, see ch. vi, on discrimination in rates and service. For provisions indicating the principles to be observed in determining proper rates, see ch. iii, on basis of rate making. For provisions authorizing commissions to regulate or prescribe rates, see ch. iv, on establishment and change of rates. For provisions regulating rate making in practice, see ch. vi, on discrimination in rates and service. For provisions prescribing general procedure to be followed in the exercise of commission authority, see ch. xiv, on commission procedure and practice. For provisions prescribing general rules of enforcement and judicial review, see ch. xv, on enforcement. For general statement of scope and method, see introduction.

Filing of schedules...

B. Matters to be contained in schedules..

Filing, publishing and posting of schedules as a condition precedent to

the exercise of the right to do business.....

F. Publicity of changes by utilities in rates and schedules. .

G.

Information as to specific rates.....

H. Filing of leases, contracts and arrangements..

PAGE

371

386

390

402

406

408

421

424

A. FILING OF SCHEDULES.1

UNITED STATES Every common carrier shall file with commission and print and keep open to public inspection schedules showing all the rates, fares and charges for transportation between different points on its own route and between points on its own route and points on the route of any other carrier by railroad, 1448 by pipe line, or by water when a through route and joint rate have been established. If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection the separately established rates, fares and charges applied to the through transportation. Act to Regulate Commerce, sec. 6.

In case of failure or refusal of any carrier, receiver or trustee to comply with the terms of any regulation adopted and promulgated, or any order made by commission under the provisions of this section, such carrier, receiver or trustee shall be liable to a 1449 penalty of $500 for each such offense and $25 for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered by civil action brought by the United States.

Same.

Before any common carrier shall issue any interchangeable mileage tickets with special privileges, it shall file with commission copies of the joint tariffs of rates, fares or charges on which such joint interchangeable mileage tickets are to be based, together with specifications of the amount of free baggage permitted to be carried under such tickets, in the same manner as 1450 common carriers are required to do with regard to other joint rates by section 6 of this act; and all the provisions of said section 6 relating to joint rates, fares and charges shall be observed by said common carriers and enforced by commission as fully with regard to such joint interchangeable mileage tickets as with regard to other joint rates, fares and charges referred to in said section 6. Same, sec. 22.

The wilful failure upon the part of any carrier to file and publish the tariffs or rates and charges as required by law or strictly to observe such tariffs until changed according to law shall be a 1451 misdemeanor, and upon conviction thereof the corporation offending shall be subject to a fine of not less than $1,000 nor more than $20,000 for each offense. Elkins Act, sec. I.

See also par. 1527.

1 See also pars. 1653-1697.