Change of rates, etc., notice of.

Proviso.

Further proviso.

local switching tariffs. Such schedules shall be printed plainly in large type, and copies for the use of the public shall be kept on file for public inspection in every depot, station or office of such carrier where passengers or freight respectively are received for transportation or where tickets are sold, in such form that they will be accessible to the public and can conveniently be inspected. The provisions of this section shall apply to all traffic and transportation and facilities defined in this act;

(b) No change shall be made in the schedule of rates, fares or charges or joint rates, fares or charges which have been filed and published by common carriers in compliance with the requirements of this section, except after ten days' notice to the commission and to the public published as aforesaid, which shall plainly state the changes proposed to be made in the schedule of rates, fares or charges or joint rates, fares or charges, then in force and the time when such changed rates, fares or charges or joint rates, fares or charges will go into effect, and no such rates, fares or charges or joint rates, fares or charges shall be discontinued, except after giving such notice as is required for changing rates, fares or charges or joint rates, fares or charges, and the proposed changes in such rates, fares or charges or joint rates, fares or charges shall be shown by printing and filing new tariffs thereto or by showing such changes or discontinuance by issuing and filing of supplements in the regular manner now provided and keeping same open to public inspection: Provided, That the commission may, in its discretion and for good cause shown, allow changes upon less time than the notice herein specified, or modify the requirements in this section in respect to publishing, posting and filing of tariffs, either in particular instances or by a general order applicable to special or peculiar circumstances or conditions: Provided further, That upon the filing with the commission by a common carrier of any tariff or supplement showing any change in rates, fares or charges or joint rates, fares or charges or a discontinuance of any rate or rates, fares or charges or joint rates, fares or charges, it shall be lawful for the said commission and it is hereby authorized acting upon its own initiative or upon complaint to postpone the date when such new rate or rates or joint rates, fares or charges or discontinuance of rate or rates or joint rates, fares or charges, shall become effective to such time not to exceed in all forty-five days as shall give the said commission opportunity to investigate the reasonableness of such proposed rate or rates or discontinuance of rate or rates, and it shall thereupon be lawful for said commission and it is hereby authorized to proceed with all convenient speed with an investigation upon at least five days' notice. to said common carrier either upon its own initiative or upon complaint as to the reasonableness of said rate or rates, or the discontinuance of said rate or rates, follow the pro

cedure as near as may be, and make its order therein in the manner hereinafter provided in section twenty-two of this act, such investigation to take precedence of all matters of a different nature pending before the commission.

concurrence.

(c) The names of the several carriers which are parties Joint tariff to any joint tariff shall be specified therein and each of the parties thereto, other than the one filing the same, shall file with the commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the commission, and where evidence of concurrence or acceptance is filed it shall not be necessary for the carriers filing the same to also file copies of the tariffs in which they are named as parties;

schedule.

(d) The commission may determine and prescribe the Form of form in which the schedules required by this section to be kept open to the public inspection shall be prepared and arranged and may change the form from time to time as may be found expedient;

(e) Such schedules shall, so far as is practicable, con- Conformity. form to the forms prescribed by the interstate commerce commission;

(f) No carrier, unless otherwise provided by this act, Irregular shall engage or participate in the transportation of passen- rates, etc. gers or property as defined in this act, unless the rates, fares and charges upon which the same are transported by said carrier have been filed and published in accordance with the provisions of this act, nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property or for any service in connection therewith between the points named in such fares and charges which are specified in the tariff filed and in effect at the time; nor shall any carrier refund or remit in any manner or by any device any portion of the rates, fares and charges so specified, nor extend to any shipper or person any privilege or facilities in the transportation of persons or property, except such as are specified in such tariff;

etc., how

(g) Within six months after the delivery of any ship- Complaints, ment of freight at destination any person aggrieved may made. complain to the commission that the charge exacted for the transportation of such freight between points in Michigan is irregular or exorbitant, and thereupon the commission shall have power to investigate such complaint, and to hear Hearing. the same and to decide upon the merits thereof, in the manner provided by section twenty-two of this act. If, upon such hearing, the commission shall decide that the rate or charge exacted is irregular or exorbitant it shall find what, in its judgment, would have been a reasonable rate or charge. for the service complained of. If the rate or charge so found shall be less than the charge exacted the carrier shall have the right to refund to the person paying such charge the amount so found to be excessive. In case of the refusal of

Action to recover.

Transporta

tion of troops.

Schedule of

rates, filing of.

Control of sidetracks, etc.

171-343

Notice to public, etc.

Proviso.

Further pro

viso, postponement.

the carrier to make such refund, the party aggrieved thereby may maintain an action in the courts of this State to recover the amount of such excessive charge as found by said commission, and in the trial thereof the findings of the commission shall be prima facie evidence of the truth of the facts found by it, and no carrier shall be permitted to avail itself of the defense of such action that the shipment involved was in fact made on the published tariff rate in force at the time such shipment was made, but no carrier making a refund upon the order of the commission or pursuant to a judgment of court as herein provided, shall be liable for any penalty or forfeiture, or subject to any prosecution under the laws of this State on account of making such refund;

(h) In time of war or threatened war preference and precedence shall, upon the demand of the Governor of the State, be given over all other traffic to the transportation of troops and material of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic;

(i) Every common carrier within this State shall within ninety days, unless further time be granted by the commission, file in the office of the commission copies of all schedules of rates, including joint rates in force on its line or lines between points within this State on the date this act takes effect, not previously filed by such carrier with the Michigan Railroad Commission.

SEC. 14. The commission shall have control and jurisdiction over all sidetracks, spurs and branches insofar as the same are used or operated by common carriers. No change or discontinuance in the service from, to or on such sidetracks, spurs and branches or abandonment or removal of said sidetracks, spurs or branches, except sidetracks or spurs solely required for the convenient operation of its engines and trains and private industrial sidetracks, shall be made except after ten days' notice to the commission and to the publie published as aforesaid, which shall plainly state the change or discontinuance proposed to be made in such service or the sidetrack, spur or branch proposed to be abandoned or removed and the time when such change, discontinuance or abandonment or removal will go into effect; and the proposed change, discontinuance or abandonment or removal shall be shown by printing and filing new tariffs or notice thereof or by showing such change, discontinuance or abandonment or removal by issuing and filing supplements or notice in the regular manner now provided and keeping same open to public inspection: Provided, That the commission may allow changes upon less time than the notice herein specified or modify the requirements in this section in respect to publishing and posting of tariffs either in particular instances or by a general order applicable to special or peculiar circumstances or conditions: Provided further, That it shall be lawful for the said commission and it is

hereby authorized, acting upon its own initiative or upon complaint, to postpone the date when such change, discontinuance or abandonment or removal shall become effective to such time not to exceed in all forty-five days as shall give the said commission opportunity to investigate the reasonableness of such proposed change, discontinuance or abandonment or removal, and it shall thereupon be lawful for such commission, and it is hereby authorized to proceed with all Authority to convenient speed with an investigation upon at least five proceed. days' notice to said common carrier, either upon its own initiative or upon complaint as to the reasonableness of said change, discontinuance or abandonment or removal, and shall follow the proceedings as near as may be and make its orders thereon either approving or refusing such change, discontinuance or abandonment or removal or prescribing the terms and conditions upon which such change, discontinuance or abandonment or removal shall be made, in the manner hereinafter provided in section twenty-two of this act, such investigation to take precedence of all matters of a different nature pending before the commission, except investigations as to change or discontinuance of rates, fares or charges or joint rates, fares or charges then pending before said commission.

SEC. 25. All rates, fares, charges, classification and joint Rates, etc., to rates fixed by the commission and all regulations, practices be lawful. and services prescribed by the commission shall be in force and shall be prima facie, lawful and reasonable until finally found otherwise in an action brought for the purpose pursuant to the provisions of section twenty-six of this act, or until changed or modified by the commission as provided for in section twenty-four of this act.

(a) It shall be unlawful for any express company op- Express erating or doing business in the State of Michigan to charge companies. or collect a greater amount for the transportation of merchandise or other property within this State than the rates and charges set forth and contained in the schedule of rates, tariffs and classifications on file at each station and office to or from which said rates, tariffs and classifications are intended to apply; a copy of which said schedule of rates, tariffs and classifications shall be filed with the railroad commission by the issuing carrier or some duly authorized agent or representative of such carrier;

(b) It shall be unlawful for any express company op- Discriminaerating and doing business in the State of Michigan to dis- tion. criminate in favor of or against any shipper or shippers or to refuse or fail to receive and transport proffered merchan dise or other property, providing such merchandise or other Proviso. property is a proper subject for shipment by express and in proper condition at the time of presentation for shipment from any point where such express company shall maintain or conduct an office or station, or to or from any junction point or points where the line of such express company in

Maximum charge.

Express companies to file rates.

Proviso.

Basic] schedule.

Graduated schedule.

tersects with the line of any other express company or to or from any common terminal to any point on its own line, and the charge and compensation for the transportation of such merchandise or other property by two or more express companies shall not exceed by thirty per cent the maximum charge for the same distance on any one line, such maximum charge being determined as hereinafter prescribed:

(c) All express companies operating within this State shall publish and continue in force and effect through or joint rates between all points at which offices are maintained on the line of all express companies operating within the State of Michigan: Provided, That such express companies may divide charges for transportation in such a manner as to allow participating carriers an agreed minimum proportion when the division of such charges on a mileage basis would not allow a sufficient minimum;

(d) The following schedule of rates shall be the present maximum basic general merchandise schedule chargeable within the State of Michigan:

One to fifty-five miles inclusive, fifty cents per one hundred pounds;

Fifty-six to seventy-five miles inclusive, fifty-five cents per one hundred pounds;

Seventy-six to eighty-five miles inclusive, sixty cents per one hundred pounds;

Eighty-six to ninety-five miles inclusive, sixty-five cents per one hundred pounds;

Ninety-six to one hundred five miles inclusive, seventy cents per one hundred pounds;

One hundred six to one hundred thirty miles inclusive, seventy-five cents per one hundred pounds;

One hundred thirty-one to one hundred fifty miles inclusive, eighty cents per one hundred pounds;

One hundred fifty-one to one hundred seventy miles inclusive, eighty-five cents per one hundred pounds;

One hundred seventy-one to one hundred ninety miles inclusive, ninety cents per one hundred pounds;

One hundred ninety-one to two hundred ten miles inclu sive, one dollar per one hundred pounds;

Two hundred eleven to two hundred thirty miles inclusive, one dollar ten cents per one hundred pounds;

Two hundred thirty-one to two hundred fifty miles inclusive, one dollar twenty cents per one hundred pounds;

Two hundred fifty-one to two hundred seventy-five miles inclusive, one dollar thirty cents per one hundred pounds; Two hundred seventy-six to three hundred miles inclusive, one dollar forty cents per one hundred pounds;

(e) The graduated table or schedule of charges now in force relating to shipments of merchandise or other property in quantities less than one hundred pounds shall continue in operation except as hereinafter provided;