the tons carried one mile in 1886 were 6,745,921,928, or the tons carried one mile in 1870 were 16.1 per cent of the tons carried in 1886.

RATE PER TON PER MILE.

The aggregate rate per ton per mile received for freight in 1870 was 2.423 cents; in 1886 it was 1.047, or 43.21 per cent of rate in 1870. The average rate per ton per mile in 1886 was less than in any of the preceding years.

These roads are all paying the interest on their indebtedness, and for several years have paid dividends on their stock.

We append table referred to above:

1870. 1871.

1872.

1873..

1874..

1875.

1876.

1877.. 1878. 1879.

1880.. 1881.

1882.

1883. 1884. 1885.

1886..

147,409,207 181,428,573 364,747,240 130,683,871 265,409,400 1,089,678,291| 2.423 206,949,500 173,676,258 268,417,381 151,864,519 262,150,400 1,063,058,058 2.509 240.857,000 187,361,638 287,764,006 168,764.519 272,290,900 1,157,038,063 2.582 418,385,184 257,638,532 366,475,480 219,394,094 275,303,400 1,537,196,690 2.188 445,686,221 259,158,288 461,412,039 249,523,401 273,559,200 1,689,339,148 2.160 430,363,161 272,539,502 454,550,357 287,913,578 284,650,900 1,736,013,498 1.979 476,822,998 264,808,027 503,132,389 267,511,380 264,602,300 1,776,877,094 1.877 655,636.293 271,598,123 485,357,900 337,135,683 249.345,911 1,999,073,910 1.664 952,230,000 321,818,902 623,768,593 370,436,382 306,345,691 2,574,599,568 1.476 1,138,783,772| 401,595,734 681,878,311 510,859,804 335,470,860 3,068,58,481 1 280 1,624,461,763| 501,876,154 865,909,542 686,458,954 381,288,482 4,062,994,925 1.266 1,211,903,074 697,347,607 980,522,774 712,383,129 386,035,424 3,988,192,008 1.420 1,222,808.402 945,250,159 1,192,188,039 788,466,874 417,792.652 4,566,506,126 1.364 1,552.141,453 1,176,605,032 1,183,809,358 701,595,3×5 604,632,667 5,218,803,895 1.308 1,427,26,632 1,247,737,233 1,350,173,773 734,601,380 577,542,939 5,337,341,957 1.251 1,439,241,456 1,337,721,453 1,416,789,205 719,972,565 623,369,124 5,587,094,503 1.241 2,150,746,416 1,486,509,713 1,466,892,717 793,824,454 719,928,008 6,616,901,308 1.047

Illinois Central.

Aggregate of all.

Rate per ton per

mile, cents.

INTER-STATE COMMERCE.

The inter-State commerce bill, which has been before Congress in various shapes for many years and generally opposed by all the railway interests of the country, passed the Senate of the United States January 14, the House of Representatives January 21, and was approved by the President February 4, 1887.

The provision of the law applies to "any common carrier engaged in the transportation wholly by railroad or partly by railroad and partly by water when both are used under a common control, management or arrangement for a continuous carriage or shipment from one State or Territory of the United States to another," but does not apply to carriage wholly within one State.

All charges made for any service in the transportation of persons or property shall be reasonable and just. All special rates, rebates, drawbacks or devices to collect a greater or less compensation from one person than from another for a like and contemporaneous service are prohibited and declared unlawful; undue and unreasonable preferences or advantage to any person, firm cr locality or any particular description of traffic is forbidden. Reasonable and equal facilities for receiving and forwarding passengers and property are required. Discrimination between connecting lines is prohibited, but no carrier is required to give the use of its track or terminal facilities to another carrier engaged in like business.

It is unlawful for the carrier to charge or receive any greater compensation in the aggregate for the transportation of passengers or a like kind of property under substantially similar circumstances and conditions for a shorter than a longer distance over the same line, the shorter being included in the longer; this provision, however, must not be construed as allowing the carrier to charge as much for a shorter as for a longer distance.

It is also declared unlawful for common carriers in inter-State carriage to combine or agree to pool freights of different and competing railroads, or divide between them the aggregate or net proceeds of their earnings.

The law provides that the carriers shall keep for public inspection schedules of rates and classification, which shall be posted in every depot or station on their railroads, in such places and form that they can be conveniently inspected. Advances of rates shall only be made after ten days public notice; reductions may be made without pre

vious notice, but shall immediately be indicated by the schedules and kept for public inspection. No variation from published rates allowed.

It is unlawful for any carrier to enter into any combination of contract to prevent the carriage of freights from being continuous from the place of shipment to place of destination.

For a violation of the provisions of the law the party injured may recover the full amount of damages sustained with a reasonable attorneys fee, fixed by the court.

Persons claiming damage from carriers may make complaint to the Commission to be appointed, or may sue in any district court of the United States, but cannot pursue both remedies. The officers, directors or agents may be compelled to appear and testify in any suit against the corporation, and may be required to produce the books and papers of the company; the claim that such testimony or evidence may tend to criminate the person giving such evidence shall not excuse the witness from testifying. The law provides a penalty for violating its provisions.

A Commission consisting of five persons is created, not more than three of whose members shall belong to one political party, and none of whom shall in any way be pecuniarily interested in the stock or bonds of any railway company. Its duty is to inquire into the management of the business of common carriers. It is also required to investigate any complaint of the violation of law by the carrier, whether made by an individual or by the railroad commission of any State or territory.

The law says that no complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

The conclusions of this Commission are made a matter of record, and their recommendations are furnished the carrier and the party claiming to be injured. Their findings shall be deemed prima facie evidence as to the facts found, in judicial proceedings.

When the order of the Commission if not obeyed it is made the duty of the Commission to apply to the Circuit Court of the United States, and made the duty of the court in equity to hear and determine the matter without formal proceedings, and if the findings of the Commission are sustained, to issue some mandatory process enforcing obedience. To a refusal, a penalty applies. An appeal may be taken to the Supreme Court of the United States, when the amount involved exceeds $2,000.

On the first day of December of each year the Commission shall report to the Secretary of the Interior all data obtained that they consider of value in determining questions pertaining to the regulation of commerce, and such recommendations as to additional legislation relating thereto as they may deem necessary.

The exceptions to the rules laid down in this law requiring absolute equality of treatment under like conditions to all persons, localities or corporations, are, first, for the United States, State or municipal governments, for charitable purposes, fairs and expositions, mileage, excursion or commutation passenger tickets, ministers of religion, the officers and employes of the company, and the exchange of passes with other railroad companies for their officers and employes.

The principles of the common law as applied to common carriers are the basis of the law. There are, however, some features that deserve special attention.

No carrier is required to give the use of its track or terminal facilities to another carrier engaged in a like business.

The Iowa Commissioners in the complaint of the Board of Trade of the city of Dubuque against the Illinois Central and the Chicago, Milwaukee & St. Paul Railway Companies held that the statutory provision, chapter 133 of the laws of the Nineteenth General Assembly, authorizing the condemnation of private property for station grounds, gave to the station grounds the same public character that belonged to any other portion of their roads. Section 1292 of the Code says, where railroads are connected by a "Y, or other suitable means they shall draw over their roads the cars of other roads on reasonable terms." Attention is specially called to this feature of the inter-state commerce law for the purpose of legislative action if thought necessary, should the views of the Iowa Commissioners not be sustained by the courts.

This law, as does the statute of Iowa, declares it unlawful for competing roads to pool their freights or divide between them the proceeds of their earnings. This subject is one that in the public mind has been regarded as the source of much of the unjust discrimination from which communities and individuals have suffered, and that it may be fully understood, we print here an article taken from the Railway Review of January 8, 1887, by T. M. Cooley, the Chairman of the Board of Inter-state Railroad Commissioners. The masterly