for the long haul within which it is included constítute the most characteristic feature in these statutes respecting local discrimination, and the fact that there is a deep-rooted prejudice against this practice in rate making must be faced. In some States it will have been noticed the legislatures have provided that competition at the more distant point shall not justify making a lower rate for a longer haul. Altogether, some law against local discrimination is certain to be a permanent limitation upon the making of railroad rates. 1 In this chapter are collected some extracts from the statutes of various States, showing the powers of the State commissions. in dealing with railroad rates. Most States have a railroad commission, or commissioner. In some States these officers have little or no power to pass upon the rates established by the railroads; but in the majority of States which have railroad commissioners, these officers have power of one sort or another to review the rates fixed by the carrier. The extent of the powers granted to these commissions differs widely. In some States they have no more power than to determine upon complaint made to them whether the rates charged by the railroad are unreasonable; in other States they have the power to fix the rates which the railroad shall be allowed to charge in substitution for the rate of which complaint is now made. Most exacting of all are certain States which give to their commissions power to establish complete schedules of rates for all transportation by rail within the State or which enact by primary legislation such complete schedules of rates, giving the commission power to revise them. Statutes of this last sort are too elaborate for inclusion here; all that is attempted is to give some general idea of the power of the State commissions in passing upon railroad rates. $1252. Alabama. It is the duty of the railroad commissioners to consider and carefully revise all tariffs of charges for transportation made by any person or corporation owning or operating a railroad in this State; and if, in their judgment, any such charge is more than just compensation for the service for which it is proposed to be made, or amounts to unjust discrimination against any person, locality or corporation, they shall notify the party making the same of the changes necessary to reduce the rate to just compensation, or to avoid unjust discrimination, and when such charges are made, or when none are deemed proper and expedient, they shall append to the tariff of charges a certificate of their approval; and they shall exercise a watchful and careful supervision over all tariffs and their operation, and revise the same, from time to time, as justice to the public and the railroads may require, and increase or reduce any of the rates, as experience and business operations may show to be just, but in revising the tariff, the commissioners shall take into consideration the nature of the service to be performed, the entire business of the railroad, and its earnings from passengers and other traffic, and so revise the same as to allow a fair and just return on the value of the railroads, its appurtenances and equipments. [Laws of 1903, No. 94, section 10.] $1253. California. Said commissioners shall have the power and it shall be their duty to establish rates or charges for the transportation of passengers and freight by railroads or other transportation companies, and publish the same from time to time with such changes as they may make. [Constitution (1880), art. 13 section 22.] In Southern Pac. Ry. v. Railroad Comm'rs, 78 Fed. 236 (1896), it was held that the railroad commission could not so reduce rates as to leave to the railroad less than enough to pay all proper annual chares, including a fair return upon its investment. 1254. Florida, That said commissioners shall make and furnish to each railroad corporation doing business in this State, as soon as practicable, a printed or written schedule of just and reasonable rates and charges for transportation of freights, passengers, and cars, on its railroad or railroads under its control or management, and such schedule, certified by the chairman of the commissioners, shall be admitted in evidence without necessity for other proof, and shall in all suits brought against any railroad corporation wherein is involved the rates of any such railroad corporation for the transportation of freight of any description, or charges for the transportation or use of any kind of car upon the tracks of any railroad or any of the branches thereof, or for the transportation of any passenger or passengers, or for any unjust discrimination in relation thereto, be deemed and taken in all the courts of this State as prima facie evidence that the rates fixed in such schedule are just and reasonable rates of charges for the transportation of freight, cars and passengers upon the railroads, and said commissioners shall, as often as circumstances may require, change or revise any schedule or schedules, and furnish all railroad companies doing business in this State with notice of such changes or revisions and such notice shall state the time when such changes or revisions shall go into effect. [Laws of 1899 (No. 39), chap. 4700.] In State ex rel. v. Seaboard Air Line, 38 So. 658 (1904), it was held that the burden was upon the railroad company to prove that the specific rate prescribed by the Railroad Commission, together with the other rates prescribed by it, deprives the company of the rates guaranteed to it by the Federal Constitution. See, also, Pensacola & A.' R. R. v. Florida, 27 Fla. 403, 5 So. 833 (1889). 1255. Georgia. That the said railroad commissioners are hereby authorized and required to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of just and reasonable rates of charges for the transportation of passengers and freights and cars on each of said railroads; and said schedule shall, in suits brought against any such railroad corporations wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers and freights and cars upon the railroads; and said commissioners shall, from time to time, and as often as circumstances may require, change and revise said schedules. [Acts of 1878-79, No. 269, section 6.] See State v. Wrightsville & T. R. R., 104 Ga. 437, 30 S. E. 891 (1900), as to the limitations upon this power, holding that the Commission cannot require the making of joint through arrangements. But see Augusta B. Co. v. Central of Ga. Ry., 121 Ga. 48, 48 S. E. 714 (1904), holding that the Commission has power to issue rules against preferential rates. § 1256. Illinois. The railroad and warehouse commissioners are hereby directed to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of reasonable maximum rates and charges for the transportation of passengers and freights and cars of each of said railroads; and said schedule 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 any passengers or freight or cars, or unjust discrimination in |