office now occupied by him little was done except the gathering of statistics and the giving of useless advice. He pointed out in detail how the efficiency of that particular office had varied very greatly with the incumbency of different types of men. Without anticipating what may be said in subsequent paragraphs, it will add something to the interest that may attach to an examination of the powers

and duties of different commissions to state at the outset that the vital weaknesses of all the legislation of all the different American states may be grouped under two heads: First, the lack of adequate administrative machinery; second, the lack of organic connection between this administrative machinery and the railways, on one hand, and the public on the other; also, this same lack of mutual understanding and vital connection between the railways and the public. To bring about the latter there is not a single efficient provision in all the railway laws of the United States; and the fact that railways have voluntarily, and in some instances with marked success, brought about such mutual understanding by no means affords a sufficient excuse for the absence of provisions establishing such organic connections by law. It has often been said that in America the weakest line is capable of dictating with success to the strongest, and that the strongest, finding itself at the mercy of the weakest, is under the circumstances obliged to pursue a course which is as ruinous to its own interests as it is antagonistic to the interests of the pub

lic. No one whose privilege it is to know the railway men of the country will for a moment maintain that these are not, as a body, sincerely desirous of serving the public in the best possible way. Their aspirations and ambitions, although legitimately and necessarily keeping in view the immediate interests of the corporations which they represent, go beyond the horizon of narrow selfish interests, and take into view the larger field of mutual prosperity and common gain. But granted that ninety-nine per cent of the railway managers and officials are voluntarily inclined to do that which we believe the public interests demand, what is there to prevent the one recalcitrant road from holding out and demoralizing the entire service and preventing the ninety-nine from living up to their good intentions? The sincere desires of the best railway officials may be frustrated by the arbitrary demands and reckless dictation of a single unscrupulous manager. In this point lies the fatal weakness of American railway legislation. One feels again and again the absolute helplessness in which the shipper finds himself, on the one hand, and the good railway manager on the other. No administrative machinery has been provided whereby this one outlaw can compulsorily be brought into harmonious action with the ninety-nine promptly, thoroughly, and finally. Demoralization in railway affairs has again and again been the result of the imposition upon the ninety-nine considerate offi1 This is what Professor Ely calls "the problem of the twentieth man."

cials of the inferior and defective code of the one unscrupulous manager.

In view of the great importance of commission legislation, it has been deemed desirable to give in greater detail the provisions governing them. Some provisions which are common to many laws, such as those relating to certain qualifications of commissioners and employment of secretaries, clerks, deputies, and experts by these commissions, will not be repeated in all the states. Likewise those clauses governing railway taxation and railway labor, and the duties of commissions with respect to these topics, will be omitted. Nor will repeated references be made to reports made by commissions to governors, auditors, and other officers and legislatures. It will be understood that the making of reports is one of the regular duties of commissions.

Summary of Commission Laws.1 Alabama. — Three commissioners, holding office for four years, appointed by the governor with the advice and consent of the senate. Removable by the supreme court on impeachment, like other state officers. The commission may settle disagreements between connecting roads, with appeal to chancery court; exercise general supervisory power and make recommendations to railway companies and governor, to whom an annual report must be submitted. Railways shall furnish necessary information to com

1 See also F. C. Clark, State Railroad Commissions and how to make them effective.

mission. Commission to carry on correspondence with similar bodies in other states.

Arkansas. Three commissioners, elected by qualified voters, shall hold no federal offices; railways shall submit rate schedules; commission may make rates and approve schedules; no change in rates except on ten days' notice; they shall investigate and hear complaints; railway officers shall furnish information; facts as found by commission to be prima facie evidence; may employ experts; examine books of companies; shall determine cost of reconstruction, and, on petition, order connections and fix joint rates; report annually to governor.

Arizona. No commission.

California. -Three commissioners, elected by districts for four years; legislature may remove by two-thirds vote. "The board shall have power to issue writs of summons and of subpoena in like manner as courts of record." Commission hears complaints, and defendant companies shall appear within fifteen days; decisions and grounds upon which same are based to be given in writing; shall hold public session in San Francisco every month, and if necessary, at other places.

Colorado. No commission.

Connecticut. - Three commissioners appointed by governor, with consent of senate, for four years; one to be a lawyer, another a civil engineer, and the third a business man: commission 1 Consult Constitution, Article XII, § 22.

inspects railways twice each year; publishes and posts important railway legislation; may order gates, flagmen, signals, and so on; subpoena witnesses; investigate accidents; recommend to railway companies in writing things conducive to public safety and interest. Appeal from decision of commission may be taken to superior

Florida. - Three commissioners appointed by governor and senate for four years. The first commission was composed by law of one lawyer, one railway man, and one farmer; succeeding commissioners elected without reference to vocation. Commission has power to establish classifications, rates, and regulations which shall be just and reasonable; hearings must be given to persons and corporations; decisions of commission published at its discretion; commission may examine books, agents, etc.; non-compliance with laws subject railways to fines; commission may institute proceedings through attorney-general; railway officers making false reports fined heavily. The commission has judicial power-"that said railway commissioners are hereby vested with judicial powers to do or enforce or perform any function, duty, or power conferred upon them by this act, to the exercise of which judicial power is necessary."1 Commission has also power to create rating or basing points: "Provided, That 1 Laws, 1899, no. 39, § 22.