The liquor law has been amended, so as to increase its rigor; and clubs organized for the purpose of distributing or selling intoxicating liquors have been declared common nuisances. An act was passed to cooperate with the United States, in the extirpation of pleuro-pneumonia, aud to provide for the quarantine of diseased animals.

Another act authorizes orphan asylums to whose care children have been committed, to bind them out as apprentices during minority, or provide them with homes in a respectable family as servants, requiring proper provision for their comfort and instruction; these asylums are also authorized to consent to the adoption or marriage of children confided to their care. Another act provides for the compulsory education of children between the ages of seven and fifteen, and for the appointment of truant officers to enforce the law; it prohibits the employment of children under ten years of age while the public schools are in session, or the employment of children between ten and fifteen years of age, except during the vacation of the public schools, unless during the twelve months next preceding, they shall have attended school, or shall have already acquired the elementary branches of learning taught in the public schools. This State has also established a bureau of labor statistics.

South Carolina: In South Carolina the remedy of arrest and bail has been extended to actions not arising out of contract, when the defendant is a non-resident of the State, or is about to remove therefrom, or when the action is for injury to person or character, or for wrongfully taking, detaining or converting property. A constable is not allowed to swear out a warrant, in any criminal case, except when he has been personally affected by the offense with which the party is charged.

To remedy the evil of special legislation for the creation of corporations, a comprehensive law has been passed, which authorizes two or more persons to form a corporation for the purpose of carrying on any manufacturing, mining, industrial labor, immigration, or other business, except that of operating or constructing a railroad. Among the powers conferred on business corporations created under the act, is the power to make contracts, acquire and transfer property both real and personal, possessing the same powers in such respects as individuals now enjoy.

Each stockholder is jointly and severally liable to creditors in an amount besides the value of his shares, exceeding five per cent of the par value of the shares held by him at the time the demand was created, provided such demand be payable within one year, and proceedings to hold the stockholders liable therefor be commenced within two years after the maturity of the debt.

The allowance of any unnecessary fat in the publications of the State printer is forbidden. Railroads can run on Sunday, the regular mail trains, fruit and vegetable trains, and construction and other trains rendered necessary by extraordinary emergencies, other than those incident to freight and passenger traffic, and such freight trains in transit, as can reach their destination by six o'clock in the morning.

The board of agriculture is directed to establish two experimental farms and stations, for the purpose of making agricultural experiments and tests.

To obtain admission to the bar, the applicant must pass a written examination, unless he be a graduate of the law school of the State University. This State furnishes an example of queer legislation; a tax of three mills for county purposes is levied on the property in each county, then follows in the same act a long list of excepted counties, in which a different and higher rate of taxation is fixed; the exceptions embrace all the counties in the State, so that in fact the clause which levies three mills only is applicable to no county.

Tennessee: Tennessee has passed several acts in regard to corporations which deserve notice. One prohibits the consolidation of parallel or competing lines of railroads, another permits any railroad of any other State to extend its line into the State of Tennessee, a distance of not exceeding five miles, for the purpose of reaching a terminal point, or a general depot, and to expropriate property to accomplish the object; another act empowers a corporation not only to lease and dispose of its property and franchises or any part thereof to any corporation foreign or domestic, engaged in the same general business as is authorized by the charter of the lessee corporation, but also to make any contract for the use or enjoyment of its property and franchises, by any other corporation, on such terms as may be agreed upon by the parties, and the lessee or usee corporation is authorized to carry out such lease or contract; but the lease or contract must be approved by the vote of a majority in amount of the stockholders of the lessor corporation, and if the lessee be a domestic corporation, a similar approval on its part is required. But this power cannot be exercised by railway corporations, so as to acquire control by lease or otherwise of any competing line of railroad. Another act provides that corporations may be organized under the general laws of the State, for the purpose of carrying on the trade of merchants, and that corporations whose existence with a view to liquidation is continued under the general law, for five years after the expiration of their charters, may during that period continue the corporate business. Another act declares, that the non-user by any corporation of a part of its powers, privileges or franchises shall not have the effect to forfeit, or to affect any franchise, right, power, privilege or immunity, contained in the charter.

The taxing districts of Tennessee are authorized to regulate the price of gas, provided it shall not be reduced below $1.50 per one thousand feet. The law regulating the liens of mechanics and materialmen contains a provision, that if work be done or materials be furnished for the construction or repair of build. ings or improvements on the lands of a married woman, who has not signed the contract therefor pursuant to law, the workman or materialman being ignorant of her right or claim, and the married woman shall refuse to recognize his lien, he may take and remove the property, or the parts of the same on which his labor was performed or his materials were used; this right of removal is applied to all other cases of parties under disability, whether as minors, persons of unsound mind, or cestui que trust, or in other cases of superior titles or liens, when the creditor acted in ignorance of the rights of such parties; it is also extended to repairs or improvements ordered by tenants or occupiers, when the owner of the premises refuses to pay therefor, provided that the courts shall have jurisdiction to enforce such liens on the property of persons in the cases above mentioned, care being taken to protect the right of both the owner and the creditor. The proviso is the real sting in the tail of this law, and may render the right of removal of some value; perhaps the legislator intended by this proviso to invest the courts with jurisdiction to enforce the equitable doctrine that no man shall enrich himself at the expense of another.

To owners and other persons controlling lands, a lien is given on the crops raised by share croppers for supplies, implements, and work stock furnished to such croppers, to enable them to make a crop. A tenant in common or joint tenant having an interest in personal property, who disposes of the same without the knowledge or consent of his co-tenant, and converts the proceeds to his own use, is guilty of a misdemeanor, punishable by fine and imprisonment.

Miners are protected by an act to provide for the weighing of coal at the mines, under the supervision of a weigher, selected by a majority of the miners. Provision is also made for the appointment of mine inspectors, whose duty it is to enforce the laws regulating the ventilation and working of mines. Two acts have have been passed to prevent the improper influence of employers on employees; one is aimed at employers, who by withholding wages attempt to coerce employees to buy merchandise at stores kept by the employers; the other punishes any corporation or its officers for discharging or threatening to discharge, an employee for voting, or not voting at any election, State, county or municipal, or for not dealing with a particular merchant; the penalty is a fine of not less than $100 nor more than $1,000.

The sale of intoxicating liquors within four miles of a school-house, public or private, is prohibited. The act does not apply to incorporated towns, nor to manufacturers who sell by wholesale.

An amendment to the Constitution, prohibiting the manufacture and sale of intoxicating liquors in the State, will be voted on at an election to be held in September next.

Tennessee has invented a new word, used in an act which prohibits "barbering" on Sunday.

The laws of procedure have been changed so as to allow an appeal in cases of habeas corpus, and to permit a jury to disperse during the trial of criminal cases where the minimum degree of punishment for the crime charged is not above one year in the penitentiary, and a remedy has been afforded to persons of unsound mind, who become sane, to get rid of their guardians.

Texas: Any will disposing of land in Texas is treated as valid if it has been duly probated according to the laws of any of the United States or Territories; the registration of an attested copy of said will, and of the probate proceedings, in the office of the recorder of deeds of the county where the land lies, operates as a deed of conveyance to the devisee, and the validity of the will cannot be contested unless suit be instituted within five years from the date of registration. Corporations may be organized for the purchase and sale of agricultural and farm products, goods, wares and merchandise, provided the capital stock shall not exceed $20,000, and the number of incorporators be not less than ten no member of the corporation can hold more than $500 of stock; any person holding more than that amount is liable for all the debts of the corporation.

A very well conceived law has been enacted, regulating the appointment of receivers, and the administration of property in their charge. Among other provisions, which are but enactments of the principles now recognized by Courts of Chancery are the following.

1. No corporation shall be administered by a receiver for a longer period than three years, and the court shall within that time wind up the affairs of the corporation, unless prevented by an appeal.

2. No receiver of a corporation, partnership or person, shall be appointed on the petition of such corporation, partnership or person.

3. The receiver may sue and be sued in any court of the State having jurisdiction of the cause ratione materiae, without leave of the court which appointed him, and it is the duty of the court which renders the judgment against a receiver to order its payment out of any money in his hands.

4. All money that comes into the hands of a receiver as such must be applied after payment of costs and expenses of the suit in which he was appointed, to the expenses of operating and managing the property in his charge, including all materials and supplies pro

cured by him therefor, and all liabilities incurred by him in such operation and management, and all judgments recovered against him during his receivership; all claims for wages or employees, or work done, or material furnished while he is operating the property, and all judgments recovered in suits brought before the appointment of a receiver, shall be a lien on the funds in his hands as received.

5. When the receiver of a corporation has under the order of the court made improvements or additions to the property in his charge, and has paid for the same out of the current receipts, if there be any unpaid floating debt, the corporation shall contribue to the floating indebtedness, the value of the improvements; and if there are liens on the property, and it is sold under decree of the court, then it is the duty of the court to retain out of the proceeds of sale a sum of money equal to the value of the improvements for the purpose of paying such floating debt.

All mechanics, laborers and operators, who have performed labor or worked with tools or teams, or otherwise, in the construction, operation or repair of any railroad, or locomotive, or car, or other equipment of a railroad, and to whom wages are due for such work, are given a lien prior to all others, on such railroad or its equipments, for the amount due for personal services.

Railroad companies are required to pay the wages of employees within fifteen days after they are due; they are also required to furnish double-decked cars for the shipment of sheep, goats, hogs, or calves, and are prohibited from charging a higher rate of freight for a double-decked car load of those animals, than that charged for a single-decked car load of cattle or horses. An act bas been passed to regulate the shipment of freight, and to require railroad companies to furnish sufficient cars to transport the same; also an act prohibiting the consolidation of parallel or competing lines of railroad; also an act to compel railroads to furnish reasonable and equal facilities and accommodation to all corporations and persons engaged in the express business; also an act to authorize shippers of freight to recover from a railroad company special damages, at the rate of five per cent per month upon the value of property shipped for the negligent detention thereof beyond the time reasonably necessary for its transportation. Railroads cannot reduce the wages of their employees without giving thirty days' previous notice. On the other hand, an act has been passed to protect railroad trains from detention by force, threats or intimidation, and to punish willful injury to road, locomotives or cars, so as to prevent the use thereof; also an act to punish any person who shall willfully place any obstruction upon the track of any railroad, or remove any rail, or displace a switch, or in any way injure such road, or its locomotive or tenders or cars, whereby the life of any person might be endangered; the penalty is not less than two nor more than seven years in the penitentiary; and if the life of any person is lost by the unlawful act, the offender is guilty of murder.

No one can be convicted of any grade of homicide unless the body of the deceased or portions of it are found, and sufficiently identified to establish the death of the person charged to have been killed. Under this statute neither circumstantial evidence nor the confession of the accused will suffice to establish the corpus delicti. The fraudulent conversion of personal property by any bailee is punished as theft. Bucket shops and dealing in futures are forbidden. Any person convicted of a misdemeanor and who shall be committed to jail in default of payment of the fine and costs, may be worked upon the public roads or upon the county farms of the county where the conviction was had, until the fine and costs are paid, the

convict to be entitled to a credit of twenty-five cents a day for his work.

The vendor of intoxicating liquors in quantities less than a quart, is required to give bond with surety in the sum of $5,000, conditioned that he will keep a quiet house; that he will not sell to a minor, or to a student of any institution of learning, or to a habitual drunkard, or to any person after being notified in writing by the wife or mother, daughter or sister of the person not to sell to such person; that he will not permit any minor to enter his place of business, nor keep or permit to be kept on his premises any ten pin alley, pooltable, nor any kind of table or device for games of chance, nor rent any part of his premises for any game prohibited by law, and that he will not sell adulterated liquors.

A local option law has been passed to forbid the sale of intoxicating liquors in any community which may vote in favor of prohibition.

An amended election law provides a method of counting the ballots at intervals of an hour, while the election is going on; at the end of each hour, the box in which the ballots are deposited is opened and the votes counted, another box meanwhile being used to carry on the election; all the counted ballots are deposited as fast as they are counted in a third box, and when the election is over such box containing all the ballots is delivered to the proper officer according to law.

Vermont: In Vermont provision has been made for the appearance of the State's attorney for the several counties in all divorce cases, in their respective counties, and whenever in their judgment the public good shall so require, they shall introduce evidence on the part of the State; a fee of $5 payable out of the treasury is allowed the State's attorney upon the final disposition of each divorce case in which he appears.

In suits brought against a husband for the maintenance of a wife, she is a competent witness; in all actions when the husband and wife are properly joined, either as plaintiffs or defendants, both the husband and wife are competent witnesses, except as to conversations between them. In business transactions, conducted by the husband as agent of the wife, or by her as his agent, both are competent witnesses for each other.

A party producing a witness may, by leave of the court, prove that he has at other times made statements inconsistent with his testimony, but before doing so the witness must be asked, under the usual conditions, whether he made such supposed statements. In insolvency proceedings, the debtor's homestead may be sold, if necessary, to sever his interest from other interests held jointly with him; or when a severance of the homestead from other real estate of the debtor will depreciate the value of the other real estate, or be a great inconvenience to the parties interested in either; the proceeds of the homestead to be paid to the debtor or invested under the direction of the court. A chattel mortgage executed by a firm may be signed and sworn by one member thereof.

A railroad commission has been created with the usual powers of such commissions, and the commissioners are directed as far as possible to conform to the provisions of the inter-State commerce act passed by Congress, to the recommendations of the national board upon the subject of transportation.

When a railroad is to be sold under a decree of court, the company owning any connecting railroad is authorized to purchase the road to be sold, and to consolidate it and its franchises with the purchasing com. pany.

A drunk or disorderly passenger, or one who refuses to comply with the reasonable regulations of a railroad company, may be put off the train by the conductor at

the nearest regular station, but not elsewhere. Steamboilers used in any city or town may be examined on the application of three reputable citizens, and if found defective, the use of them is prohibited. Courts are required to exclude all minors from the court-room when a case of scandalous or obscene nature is on trial, and they may exclude all spectators except parties and witnesses. The sale of oleomargarine, or other similar substance as butter, is prohibited, and hotels, restaurants and boarding-houses in which imitation butter is used are required to give notice thereof by posting a placard. For some reason which I cannot ascertain, Vermont has repealed the law which deprives persons guilty of desertion and persons convicted of felony of the right to vote.

The liquor law has been amended and made more stringent; the study of scientific temperance in the public schools is enjoined; instruction as to the effects of alcoholic drinks and narcotics upon the human system must be as thorough as it is in arithmetic or geography; the law declares that at least one-fourth of the space of the text-books must be devoted to this subject, but in the highest grade of the graded schools, the legislator thinks twenty pages of alcoholic matter will suffice.

I cannot refrain from calling your attention to a resolution passed by the Legislature of Vermont, because it is a beautiful manifestation of that fraternal sentiment which really exists in this family of States. The cordiality expressed in the resolution gives assurance that the family feud is ended in fact and in spirit; that its reminiscenses no longer inflame the passions: that the soothing band of obliteration has effaced the symbols of strife; that monuments erected on battle fields are but memorials of the heroism of the dead; that the brave American has lost the rancor engendered by war, in admiration for the valor and genius of his countrymen, and in respect for the memory of those who, on both sides, sacrificed their lives for the maintenance of their principles. Monuments of Vermont marble had been constructed in Virginia by Col. Herbert E. Hill, of the Eighth Vermont regiment, as a memorial of those of his regiment who fell in battle at Winchester and at Cedar creek; the Legislature of Vermont, after expressing the gratitude of the people of the State to Col. Hill, proceeds as follows:

Resolved, That the kindly spirit in which the inhabitants of the Shenandoah Valley received the citizens of this State September 19, 1885, and aided them in dedicating monuments to their fallen sons, merits our warmest thanks, and the noble response of the mayor of Winchester, when requested by the governor of Vermont to protect the monument, saying: "We will guard it sacredly, and rather than allow a single letter to be effaced on its pure white surface, we would wish that it might be extended to the clouds, and that angels of peace might hover around its summit, symbolical of the union of friends, now so firmly established between all sections in our land," is received as the fraternal sentiment which binds Vermonters with Virginians.

I pause to pay tribute to the memory of a distinguished son of Vermont who was one of the founders of this association, and from its organization has been the chairman of its executive committee. Luke P. Poland died suddenly on 2d of July last. Born in the year 1815, at the early age of thirty-three he was elected by the Legislature of Vermont one of the judges of the Supreme Court. This position he held by successive annual elections for seventeen years having been made chief justice in the year 1860. He represented Vermont in the United States Senate from November, 1865, to March, 1867. Frequently returned by the people of his district as member of Congress, his career in the House of Representatives was distin

guished by the fidelity and ability which characterized his life. He was always active and earnest in the discharge of duty, whether as counsel or as judge, as senator or representative in Congress. or as member of the State Legislature, or as regent of the Smithsonian Institute; or as trustee of the University of Vermont; in all of these relations he was eminent, because he was a man of great originality of thought. The dignified earnestness of his character did not chill his nature or cast a shadow over his social life, for he was a genial gentleman, rich in conversation and humor. On his tomb should be inscribed the well known line of Horace.

"Justum ac tenacem propositi virum." Virginia: An extra session of the Legislature of Virginia was held for a short period. A new code was adopted to go into operation on 1st of February, 1888. This code is a revision of the statutes of the State, made by a commission which had been engaged on the work for several years; it contains a married woman's act substantially similar in its provisions to the legislation of the English statute of 1882, called Lord Selborne's.

debt becomes due and payable, and the mortgage ceases to be a lien as to third persons at the expiration of fifteen days thereafter.

An act has been passed to lay a tax of two and a half per cent on collateral inheritances; also to require the plaintiff in suing out an attachment to state in his affidavit the material facts relied upon by him to show the existence of the grounds upon which his application for the writ is based, unless the ground be non-residence of the defendant. By an act similar to that passed in Rhode Island, orphan asylums are authorized to provide suitable homes for minors committed to their care; a comprehensive law regulating the working, ventilation and drainage of mines has been enacted; no boy under twelve years of age, and no female can be employed to work in mines; and an attempt by any person or combination of persons, by force, threats, menace or intimidation, to prevent any one from working in mines who may desire to do so is punishable by fine or imprisonment. Payment of wages every two weeks in cash to operatives in mines and to employees of manufacturing establishments is enforced. The effect of alcoholic drinks on the human system is to be taught in the public schools, and an amendment to the Constitution prohibiting the sale of intoxicating liquors except for sacramental, medicinal and mechanical purposes, has been proposed by the Legislature, and it will be submitted to a vote of the people at the next general election.

Wisconsin: In Wisconsin, the father of a minor child, and in case of his death the mother, is allowed to appoint by will a guardian therefor. In case a person dies leaving no debts, or his estate has been settled, and the administrator or executor has been discharged, a special administrator may be appointed for any special purpose which shall be stated in his letters of administration, and when that purpose has been served his authority ceases. To the actions which survive at common law, Wisconsin has added actions for assault and battery, false imprisonment or other damage to the person; it has also extended the liability of municipal corporations for injuries by mobs, so as to include responsibility for any bodily harm or injury, sustained by persons not implicated in the riot, who have not by their own act or negligence, contributed to the injury. Where the mortgagor of a stock of goods, or stock in trade, remains in possession and is permitted to make sales and apply the proceeds to the payment of the mortgage debt, he is required to file every sixty days a sworn statement of sales made and of additions to stock; if he fails to do so, the mortgage

or

The absolute power of alienation cannot be suspended by any limitation or condition, for a longer period than during the continuance of two lives in being at the creation of the estate, and twenty-one years thereafter, except when real estate is granted or devised to literary or charitable corporations, created by the laws of the State or where a contingent remainder in fee is created on a prior remainder in fee to take effect in the event that the persons to take under the first remainder be under twenty-one years of age. When an assignment is made for the benefit of creditors, the assignee may in the name of the debtor, contest the validity of any attachment levied on his property within sixty days prior to the assignment, and he may traverse the affidavit on If a married man which the attachment issued. execute a mortgage of personal property exempt from seizure, such mortgage is not valid, unless signed by his wife in the presence of two witnesses. The formation of corporations for the purpose of carrying on any trade or business on the co-operative plan has been authorized-the shares to be not less than $1 nor for the purpose of insuring or guaranteeing owners and mortgagees of real estate from loss, by reason of defective titles Executors or incumbrances. trustees who are authorized by the will of the testator to organize a corporation may individually, or as executors, together with the legatees, form a corporation to carry out the intentions of the testator as expressed in the will, and may convey to such corporation the property referred to in the will, or subscribe for stock to the value of the property, and transfer the property in payment of the stock. The safety and health of employees in factories and workshops have been provided for by acts regulating those establishments, and enlarging the powers conferred on the State factory inspector. Boycotting" has been declared unlawful, and is punished by fine and imprisonment; blacklisting of employees by employers is prohibited, and interference by threats, intimidation or coercion with persons employed at lawful labor, or with the use or operation of machinery, cars or engines by injuring the same, or by moving any part thereof, is also punished with fine and imprisonment. An act has been passed to protect children from neglect, abuse or the vicious or immoral habits of parents or guardians, or any persons having custody of them, and to remove them to a comfortable home, or to such place of safekeeping as may be available. The removal is effected by judicial authority after due notice to the parents or other custodian of the children. The sale of liquor to a drunkard, or to a person given to the excessive use of drink, may be forbidden by his wife, or by the supervisors, or by the trustees of the village, or the aldermen of a city, any of them; the penalty for disobedience is fine and imprisonment. Milliners must have incurred the displeasure of Wisconsin men, if their sentiments are expressed in a spiteful law which forbids the killing of birds for millinery purposes: You cannot in that State kill or catch for a milliner any robin, sparrow, thrush, blue-bird, swallow, cat-bird, kingbird, wood-pecker, flicker, pigeon, dove, black-bird, wren, finch, lark, pewet, oriole, humming-bird, bunting, grackle, grosbeak, warbler, fly-catcher, swift, waxwing, chickadee, creeper, goat-sucker, tanager, or whippoor-will; it is a misdemeanor to kill for a milliner any bird in the foregoing catalogue, which the State ornithologist must have prepared. The enforcement of the law, I apprehend, will be difficult, as the violation of it depends on the intention of the person kill

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ing, and I venture to assert that the murder of birds will go on in Wisconsin and the milliners will get them, and yet they will all be killed for the hairdresser, the florist, the baker, the butcher, but not one for the milliner. Wisconsin has made it criminal for an architect who shall draw plans or superintend the erection of any school-house, church, factory, hall or hotel without providing the fire-escapes and outward-swinging doors required by law. The abduction or the deceitful enticement of chaste unmarried women to improper places is punished by imprisonment in the penitentiary not more than fifteen nor less than five years. A common drunkard may be sentenced to imprisonment in an inebriate asylum for not more than two years nor less than three months; and when a person is sentenced to imprisonment in the county jail, the court may also sentence to hard labor, under the direction of the supervisors of the county where the offense was committed. The governor of this State is directed to have placed in the old hall of the House of Representatives at Washington "a statue of Pere Marquette, the faithful missionary whose work among the Indians and explorations within the borders of the State in the early days are recognized all over the civilized world."

It is my impression that this long, and I fear tedious, review will give you a very correct idea of the tendency of public thought, and of the influence of the legal profession in directing that tendency; the effort to repress crime, the anxiety to ameliorate the condition of laborers, the solicitude for women and children, and the energy of the legislation respecting corporations, while they attest the evils of the day, nevertheless strengthen our confidence in democratic institutions and increase our respect for the intelligence and virtue of the American people.

Having performed the duty assigned me, I declare the tenth annual session of the American Bar Association to be now open.

CARRIERS-INTER-STATE COMMERCE ACT -LONG AND SHORT HAUL-COMPETITION-PASSES.

CIRCUIT COURT, DISTRICT OREGON, JULY 4, 1887.

EX PARTE KOEHLER.

The fact that there is competition in the carriage of persons or property to or from a particular place is a circumstance that justifies a common carrier, under section 4 of the inter-State commerce act, to charge less for a long haul to or from said place than a short one included therein. Section 2 of the inter-State commerce act in effect prohibits the giving of passes or free carriage to particular persons, and the exception allowed in section 22, in favor of officers and employees of the road, does not include the families of such persons.

PETITION for instruction.

John W. Whalley, for petitioner.

through line between Portland and San Francisco; that between these points there is also water communication by steamers and sail-vessels, that carry passengers and freight at less than the average cost of transportation by rail between said places and all intervening stations; that the road of the Oregon Pacific Railway Company runs from Yaquina bay to Albany, in this State, and there crosses the line of the Oregon and California road, from whence it is being constructed to the eastward; that with the aid of steamboats on the Wallamet river it receives a portion of the freight which would otherwise be carried on the Oregon and California road; that the bulk of the freight obtained by the Oregon Pacific Railway Company from the Wallamet valley is carried to Yaquina bay, and thence to San Francisco, at special rates, on the steamers of the Oregon Development Company, which are apparently under the same control as the Oregon Pacific road; that the Canadian Pacific road connects with a line of steamers running between its western terminus and San Francisco; and that to compete with such, all water and rail and water transportation between Portland and points to the north and east of it, and in the Wallamet valley on the one hand, and San Francisco on the other, it is necessary to make corresponding rates on the Oregon and California road.

The petitioner also states that it will be necessary for him, under section 6 of the inter-State commerce act, in conjunction with those in control of the connecting lines, to make the rates between Portland and San Francisco; and in view of these general statements, and many illustrative details contained in the petition, he asks (1) whether, under the inter-State commerce act, such rates can be made, for through travel and traffic, as will enable the Oregon and California road to compete for the same, at points where competition by water or rail exists, although the rates for the long haul between Portland and San Francisco or intervening points may be less than those for a shorter haul in the same direction between said places or such points; and (2) whether, in connection with the Northern Pacific Railway Company or other transportation lines, the Oregon and California road may meet the competition of the Canadian Pacific road, or other transportation lines, on transcontinental business originating to the north and east of Portland, although its share of the through rate may be less than the local charges over the road, or its share of the through rate on competitive business between Portland and San Francisco.

The petitioner also states that it has been customary to issue passes to the families of employees of the road, as well as the employees themselves, and that the same have been regarded as a part of the consider. ation for the services of the latter; and asks whether, under section 22 of the inter-State commerce act, he can issue such passes over the Oregon and California road, to be used on inter-State travel; and whether he can interchange the same for the passes of other roads, to be used in such travel by the families of the employees of such other roads.

The inter-State commerce act applies, by its own terms, "to any common carrier engaged in the trans

It appears from the petition that the Oregon and California road will soon be connected with the California and Oregon road, when the two will form a

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" not "wholly within one State:" and all charges for any such service "shall be reasonable and just.' Section 4 of the act provides "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 circum