The copper era., 1909-09-02
ARIZONA RAILWAY COMMISSION.
Report of What Has Been Done by the
 Commission.
Phoenix, Ariz., July 24, 1909.

For the purpose of your annual re- port, and in compliance with your request, the Arizona Railway Com mission has the honor to submit this report.
 This Commission was organized and is operating under the provisions of Chapter 15 of the laws of the Twenty-fifth Legislative Assembly, approved March 10, 1909.
 The law does not purport to lodge with the Commission any power to fix rates. If findings made by the Commission in relation to rates are not complied with by common car riers, it becomes the duty of the Commission to formulate, present and prosecute before the Interstate Commerce Commission a complaint in each instance. The powers and duties of the Commission are chiefly set forth in the following sections of the chapter mentioned:
 "Section Fourteen. The said Con- mission shallrshave power and it is hereby made its duty either on It's own motion or on complaint of indi viduals, corporations, shipping asso- citations, municipal corporations pr commercial bodies, to investigate the mode of operation of all common carriers of freight and passengers, doing business in the Territory and all freight and passenger tariffs and schedules of rates and charges, in cluding demurrage, storage, switch ing and excess baggage tariffs, col lected, charged or demanded by common carriers! on traffic originat- ing and terminating in the Territory.
 It shall have power and it is made it's duty either of it's own motion or on complaint of individuals, corpor- ations, shipping associations, munich pal corporations or commercial bod ies, to investigate the mode of operation of common carriers oper- ating in, into or through the Terri tory, engaged in Interstate traffic and all freight and passenger tariffs and schedules of rates and charges, including demurrage, storage, switch ing and excess baggage tariffs, charged, collected or demanded on Interstate traffic, by common car riers operating in, into or through the Territory
 "Section Seventeen. Whenever after investigation the Commissson shall find or are Of the opinion that the mode of operation of the common carrier or carriers are discriminatory or in violation of the Act to Regulate Commerce, Act of Congress, approv- ed February 11th, 1887, amended March 2nd, 1889, February 10th, 1891, February sth, 1895 and June 29th, 1906, or the rules, regulations and decisions of the Interstate Commerce Commission, it shall notify the com mon carrier or carriers through its proper officers or agents, in writing, by registered mail, of the finding or opinion of the Commission and re- quest the common carrier to make such changes or corrections as are necessary to conform to the finding or opinion of the Commission"
 "Section Eighteen. Whenever af- ter investigation the Commission shaltfiud or are of the opinion, that the freight and passenger rates, tariffs and schedules of rates and charges, collected, charged or de- handed by common carrier or car riers are excessive, unreasonable or discriminatory, or in violation of the Act to Regulate Commerce, Act of Congress, approved February 11th, 1887, amended March 2nd, 18S6 Feb ruary 10th, 1891, February Sth, 1895, and June 29th, 1906, or ia violation of the rules, regulations or decisions of the Interstate Commerce Commission, it shall notify the common carrier or carriers, through it's proper officers or agents, in writing, by registered mail, of the finding or opinion of the Commission and request the common carrier or carriers to make such changes or corrections as are nec- essary to conform to the finding or opinion of the Commission.
 ''Section Nineteen. Should the common carrier or carriers fail or re- fuse to make the changes or correc- tons requested, within 30 days after having received notice of the request of the Commission, it shall be the duty of the Commission to file or cause to be prepared and filed before the Interstate Commerce Commission complaint in the name of the Arizona Railway Commission as complainant, against the common carrier or car riers on account of the excessiveness or unreasonableness of the tariffs and schedules of rates and charges, charged or demanded, or the discrim- ination alleged or violation on the part of the common carrier or car riers of the Act to Regulate Com merce, in accordance with the rules of practice and procedure of the Interstate Commerce Commission asking for the relief to which en- titled, and shall prosecute or cause