Specification No. 9 of this complaint relates to the operation of the Great Northern Railway from Marion eastward through Pleasant Valley to Lakeview. Said Specification No. 9 stating:

"A large number of people live along the line of the said railway west of Marion and they are denied any railroad facilities for the transportation of themselves or their freight; that a still larger number would live out there if railroad facilities were afforded them; that the Great Northern Railway tore down all its stations at the above points on this old main line when the road was changed, and at the places where said train now stops there are no accommodations whatever for passengers or freight, and it is reported that the Great Northern is going to take up this track."

The intention of the railroad to take up this track was known at the time this charge was made. Specification No. 12 of this complaint is to the effect that at certain points there are no accommodations or insufficient accommodations for passengers or for handling freight, and Lakeview and Marion are named as two of these places.

At

A public hearing was by the Commission had on all of the charges contained in the complaint in December, 1907, at Kalispell, Montana. that hearing when Specification No. 9 was read counsel for complainant stated:

"I will say that as to No. 9, unfortunately for the general public, the witnesses we expected to bring from Pleasant Valley have, I believe, with one exception, refused to come,-maybe two exceptions,-for the reason that they say they have settled with the Great Northern Railway Company for damages for the failure to run these trains, and they signed some sort of an agreement whereby they were not sued for it. * *

Thereafter in March, 1908, the Railroad Commission made its findings respecting the charges contained in the complaint, and regarding said Specification No. 9 the Board said:

"No evidence having been submitted with respect to this charge. * * * therefore this complaint is ordered dismissed."

The Board further found regarding Specification 12, and Specification 13:

"Both of these charges having been formally withdrawn by the complainants by statement in writing are therefore hereby ordered dismissed from further consideration."

If at the hearing of the complaint involving the charge stated in the telegram, no evidence was prcduced because the people living in the vicinity had "settled with the railway company for damages for failure to run these trains" these findings made by the Board are either to be regarded by the commission as res adjudicata or else another hearing should be had.

However, it appears that the main line of the Great Northern Railway Company formerly extended from Columbia Falls, Montana, through Marion.

Pleasant Valley and Lakeview and on to Jennings, but that prior to the enactment of said Chap. 37, Laws 1907, creating the Railroad Commission, the railroad company changed the grade and location of its main track by leaving the old track at a point near Columbia Falls; thence westward to the Kootenai River; thence south to Jennings, leaving Marion, Pleasant Valley and Lakeview off the main line. The old track was then taken up from Jennings eastward to a point a short distance west of Lakeview and all through trains were run over the new track by way of Whitefish and Shields; thence down the Kootenai River to Jennings. No regular train service was maintained on the old track to Lakeview or Pleasant Valley, or to any points, at least, west of Marion though trains were occasionally run there for special purposes. The company had in fact abandoned this part of the old track. No stations were ever established or maintained at either Marion or Pleasant Valley. All this occurred prior to the enactment of the law creating the Railroad Commission and such law is not retroactive.

Under this state of facts you are advised that the Railroad Commission of Montana is not vested with power and authority to grant the relief demanded as expressed in the question submitted and contained in the telegram above quoted.

LEGAL ACTIONS BROUGHT BY THE

COMMISSION.

Under Section 20 of the Act establishing and creating a Board of Railroad Commissioners for the State of Montana, the Attorney General is constituted the attorney and counselor of the Board; and, under Section 24 of the same Act, it is made the duty of the Attorney General, or any County Attorney, to enforce by equitable action, the rates, classifications, rulings orders and regulations made or established by the Commission.

While the Commission has, during the past fifteen months, promulgated a great many rates and classifications, and made numerous orders and regulations for the conduct of the different departments of the railroad business. it has been unnecessary, except in a very few cases, for the Commission :o esort to the Courts to secure an enforcement of these orders. The only action which the Commission has felt itself called upon to direct the Attorney General to institute suit, was in the matter of the order issued April 15th, 1908, directing the Northern Pacific Railway Company to turn its Class "Z" helper engines at Blossburg, Montana, and run them into Helena going forward; the Railroad Company having refused to abide by this order, basing their refusal upon a lack of jurisdiction in the Board. Suit was commenced at the direction of the Commission to obtain an injunction, preventing the backing of these engines into He'ena. This suit was instituted and tried before the District Court of the First Judicial District, Judge Bach presiding, and this Court refused to issue the injunction. No appeal has, as yet, been taken to the Supreme Court, but the question of the validity of the order will be finally determined there.

The Commission was also instrumental in procuring evidence and beginning proceedings against the Northern Pacific Railway Company, for a violation of the State law providing for the hours of employment of trainmen and operators, commonly known as the "Sixteen Hour Law." This case was tried in the District Court of the First Judicial District, before Judge Clements, which trial resulted in the conviction of the Railway Company, and the imposition of the fine. Upon an appeal being taken to the Supreme Court of the State of Montana, the judgment of the lower court was affirmed, and the fine was paid by the Railway Company.

Under direction of the Commission, the Attorney General prepared an information and filed the same in the District Court of Chouteau County, charging the Great Northern Railway Company with the violation of what is known as the "Dinky Caboose Law." The Commission later advised the Attorney General that subsequent to the filing of the information, the Railway Company, as rapidly as possible, substituted standard cabooses, and was complying with the law by making the change as early as practicable. Upon this notification, the Attorney General directed the County Attorney of Chouteau County to dismiss the criminal information filed against the Great Northern Railway Company.

However, of the multitude of tariffs, classifications, orders, rules and regulations made, adopted and promulgated by the Commission, the railway companies have not seen fit to contest others than those herein mentioned. In those instances where it was possible, it has been the policy of the Commssion to meet with complainants and the representatives of the railroad companies in informal conference, and having thus gained knowledge of all the facts, the Commission has usually been in a position to promulgate orders so reasonable in their character as to meet with the entire approval of the public interested, and yet afford no grounds for successful contest by the railway companies.

RAILROAD COMMISSION MAP OF
MONTANA.

The Commission has recently published and now has ready for distribution, a new map of Montana, 34x53 inches in size, printed in colors and showing, in addition to all postoffices and stations in the state, all recent railroad construction.

This is the only complete up-to-date map of Montana that has been published during the past ten years and will prove of much interest to our citizens as well as to residents of other states, who are interested in Montana. Copies of the map are mailed free, upon application to the Commission.

REPORTING OF DELAYED PASSENGER TRAINS.

The Commission early received many verbal and two written complaints with reference to the reporting of delayed passenger trains; in fact it appeared that this was one of the greatest grievances that the people had against the Railway Companies, judging from expressions upon the subject made to the Commission.

Under date of October 9th, 1907, the Commission issued on order (see Order No. 2) requiring that delayed passenger trains be correctly reported and since that time the service has been greatly improved.