may charge and collect not to exceed twenty-five cents, in addition to the regular fare, for which he shall give back to such passenger a conductor's check which shall be good for the sum so charged at any station on such road on presentation to the agent of said road.

583. It shall be unlawful for any railroad corporation operating a railroad in this state to expel or remove from any coach used for conveying passengers over their line of road any person who offers to pay the regular rate of fare, not to exceed the maximum rate herein fixed for conveying passengers along the line of said road; Provided, Said persons conduct themselves properly while remaining therein.

584. Any railroad corporations violating any of the provisions of this act shall, upon conviction thereof, forfeit and pay for each offense not less than two hundred dollars nor more than one thousand dollars, such forfeiture to be paid into the school fund of the county in which such forfeiture is imposed, and shall also be liable to the party injured for all damages he or she sustained thereby.

585. The term "railroad corporation," contained in this act, shall be deemed and taken to mean all corporations, companies, or individuals now owning or operating, or which may hereafter own or operate, any railway in whole or in part in this state, and the provisions of this act shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railway in this state (street railways excepted), the same as to railroad corporations herein before mentioned.

Sec. 586 formed sec. 107, R. S. 1866. p. 227.

586. If any passenger shall refuse to pay his fare, it shall be lawful for the conductor of the train and the servants of the corporation to put him and his baggage out of the cars, using no unnecessary force, at any place within five miles of any station.

11, 596 (10 N. W., 493).

VI. BOARD OF TRANSPORTATION.

Secs. 587 to 608. "An act to regulate railroads, to prevent unjust discrimination, provide for a board of transportation, and define its duties," etc. 1887, p. 541. In force July 1. (Repealing Laws 1881, ch. 68, and Laws 1885, ch. 65.)

587. That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property by railroad, under a common control, management, or arrangement for a continuous carriage or shipment from any point in the state of Nebraska to any other point in said state. The term "railroad," as used in this act, shall include the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and the term "transportation" shall include all instrumentalities of shipment or carriage. All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivery, storage, or handling of such property, shall be reasonable and just, and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.

Defines power of board; mandamus will lie to compel railroads to reduce their rates in conformity with orders of board. 22, 321 (35 N. W., 118). It is the duty of the board to fix reasonable rates in the state without regard to the rate outside. 23, 126 (36 N. W., 305). Warehouses and depots and other facilities must be maintained where needed. 17, 647 (24 N. W., 329).

588. That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, dr.wback, or other device, charge, demand, collect, or receive from any person or persons a greater compensa

tion for any service rendered or to be rendered in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carriers shall be deemed guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful.

589. That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any prejudice or disadvantage in any respect whatsover. Every common carrier subject to the provisions of this act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such contracting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like business.

590. That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier within the terms of this act to charge and receive as great compensation for a shorter as for a longer distance; Provided, however, That upon application to the board appointed under the provisions of this act, such common carrier may, in special cases after investigation by the board, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the board may from time to time prescribe the extent to which such designated common rier may be relieved from the operation of this section of this act.

591. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any contract, agreement, or combination with any other common carrier or carriers for the pooling of freights of different and competing railroads, or to divide between them the aggregate or net proceeds of the earnings of such railroads, or any portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day of its continuance shall be deemed a separate offense.

592. 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 anywise change, affect, or determine any part of the aggregate of such aforesaid rates and 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, 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 made in the schedule then in force, and the time when the increased rates, fares, or 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, or 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 made shall immediately be 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 be 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 service in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.

593. That every common carrier subject to the provisions of this act shall file with the board hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the require ments of this section, and shall promptly notify said board of all changes made in the same. Every such common carrier shall also file with said board copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party; and in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares, or charges for such continuous lines or routes, copies of such joint tariff shall also, in like manner, be filed with said board. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said board, in so far as may, in the judgment of the board, be deemed practicable, and said board shall from time to time prescribe the measure of publicity which shall be given to such rates, fares, and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published; but no common carrier party to any such joint tariff shall be liable for the failure of any other common carrier, party thereto, to observe and adhere to the rates, fares, or charges thus made and published. If any such common carrier shall neglect or refuse to file or publish its schedule of rates, fares, and charges, as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ of mandamus, to be issued by any district court in the judicial district wherein the principal office of said common carriers is situated, or wherein such offense may be committed, to compel compliance with the provisions of this act, and such writ shall issue in the name of the state on the relation of the board provided for in this act, and a failure to comply with its requirements shall be punishable as and for a contempt; and the said board as complainants may also apply in any court of competent jurisdiction for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property as mentioned in the

first section of this act until such common carrier shall have complied with the aforesaid provisions of this section.

594. That it shall be unlawful for any common carrier subject to the provisions of this act to enter into any combination, contract, or agreement, expressed or implied, to prevent, by a change of time schedule, carriage in different cars, or by other means or devices, the carriage of freights from being continuous from the place of shipment to the place of destination; and no break of bulk, stoppage, or interruption made by such common carrier shall prevent the carriage of freight from being treated as one continuous carriage from the place of shipment to the place of destination unless such break, stoppage, or interruption was made in good faith for some necessary purpose, and without any attempt to avoid or necessarily interrupt such continuous carriage or to evade any provisions of this act.

595. That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done, any act, matter, or thing in this act prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this act required to be done, such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violations of the provisions of this act, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.

596. That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the board as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act, in any court of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the methods of procedure herein provided for he or they will adopt. In any such action brought in the district court for the recovery of damages, said court may compel any director, officer, receiver, trustee, or agent of the corporation or company, defendant in such suit, to attend, appear, and testify in such case, and may compel the production of the books and papers of such corporation or company, party to any such suit. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding.

597. The attorney general, secretary of state, auditor of public accounts, state treasurer, and commissioner of public lands and buildings shall constitute a board of transportation, which board shall have power by a four-fifths vote to appoint three (3) secretaries to assist in the performance of the duties of said board, and they shall each be paid a salary of two thousand ($2,000) dollars per annum. Not more than two of the secretaries shall be appointed from the same political party. The secretaries of the board shall take the oath of office prescribed for state officers, and shall enter into bonds, to be approved by the governor, in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of their duties. No persons in the employ of any railroad corporation, or holding stock in any railroad corporation, shall be employed as secretary.

598. That the board hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the board to perform the duties and carry

out the objects for which it was created; and for the purposes of this act the board shall have power to require the attendance and testimony of witnesses, and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and to that end may invoke the aid of any of the district courts in this state, or of the supreme court, in requiring the attendance and testimony of witnesses, and the production of books, papers, and documents under the provisions of this section; and any court of competent jurisdiction, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any common carrier subject to the provisions of this act or other person, issue an order requiring such common carrier or other person to appear before said board (and produce books and papers if ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. Board has jurisdiction to hear complaints and make orders relative to highway crossings over railroads, and such orders may be enforced by mandamus. 29, 412 (45 N. W., 469).

599. That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act, in contravention of 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 carrier shall be relieved of liability to the complainant only of the particular violation of law thus complained of. If such 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 matters 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.

600. 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.

601. 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 the 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 by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the board to forthwith cause a