Michigan Compiled Laws
Act 300 of 1909 - Railroads (462.2 - 462.50)
Section 462.25 - Rates; Classification and Regulations Prescribed by Commission to Be Prima Facie Lawful; Express Companies.

Sec. 25.
All rates, fares, charges, classification and joint rates fixed by the commission and all regulations, practices 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 26 of this act, or until changed or modified by the commission as provided for in section 24 of this act.
(a) It shall be unlawful for any express company operating or doing business in the state of Michigan to charge 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 operating and doing business in the state of Michigan to discriminate in favor of or against any shipper or shippers or to refuse or fail to receive and transport proffered merchandise or other property, providing such merchandise or other 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 intersects 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 2 or more express companies shall not exceed by 30 per cent the maximum charge for the same distance on any 1 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:

(f) The Michigan railroad commission shall have control and supervision over all express companies operating within this state, and upon complaint made to it or upon its own motion and after hearing had thereon, in accordance with the rules now in force relative to hearings on complaints by and against common carriers, may from time to time within its discretion change, alter and amend the maximum schedule of rates hereinbefore set forth, and may from time to time upon proper application or upon its own motion and hearing had thereon, as above prescribed, change, alter and amend any graduated table or schedule of charges on merchandise or other property transported or to be transported, the weight of which is less than 100 pounds;
(g) Any express company operating or doing business within the state of Michigan, upon receipt of any property or merchandise, providing such property or merchandise is a proper subject for shipment by express and in proper condition at time of presentation, shall unless otherwise requested by the shipper forward same via the nearest and most practical route, having in mind the frequency of train service at different junction points.
History: 1909, Act 300, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 139, Imd. Eff. Apr. 25, 1911 ;-- CL 1915, 8133 ;-- CL 1929, 11041 ;-- CL 1948, 462.25

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 462 - Railroads

Act 300 of 1909 - Railroads (462.2 - 462.50)

Section 462.2 - Michigan Railroad Commission; Qualifications and Duties of Commissioners; Removal; Pecuniary Interest Prohibited; Oath; Compensation and Expenses; Chairperson; Meetings; Quorum; Vacancy; Investigations, Inquiries, and Hearings; Employ...

Section 462.2a - Applicability of Act.

Section 462.3 - Definitions; Scope.

Section 462.4 - Common Carrier; Duty to Serve; Rates; Through Routes; Rates; Joint Rates.

Section 462.5 - Free Transportation; Penalty; Freight; Tickets.

Section 462.6 - Switch Connection With Private Side Track; Order of Commission; Rules; Spur Track; Payment of Cost and Expenses; Disagreement.

Section 462.7 - Interchange of Traffic; Preferred Freight; Routing by Shippers or Initial Carrier; Steam Railroads and Interurban and Suburban Railroads; Drawing Cars and Merchandise of Connecting Lines; Local Traffic; Intrastate Traffic.

Section 462.8 - Railroads to Furnish Cars; Shortage, Preference, Regulation by Commission; Demurrage.

Section 462.9 - Charges for Longer and Shorter Hauls; Governing Rate.

Section 462.10 - Schedule of Rates; Filing With Commission; Public Inspection; Rate Change; Joint Tariff; Form of Schedules; Filing and Publication of Rates Required; Complaints; Military Traffic.

Section 462.11 - Special Contract Rates.

Section 462.12 - Freight Classification.

Section 462.13 - Maintenance of Depot Facilities; Joint Maintenance by Connecting Railroads; Discontinuance of Passenger Service; Approval of Commission; Appeal of Order of Commission.

Section 462.14 - Sidetracks, Spurs and Branches; Control by Commission; Abandonment or Removal, Procedure.

Section 462.15 - Continuous Carriage of Freight; Unlawful Acts.

Section 462.16 - Rate Discrimination Unlawful; Compensation for Incidental Service.

Section 462.17 - Traffic Discrimination Unlawful.

Section 462.18 - Receiving Rebate or Discrimination; Penalty.

Section 462.19 - Civil Liability.

Section 462.20 - Failure to Report Unlawful.

Section 462.21 - Fees; Disposition.

Section 462.22 - Rate Investigation on Complaint; Hearing, Order for Change in Schedules; Separate Hearings; Dismissal; Rate Investigation on Motion of Commission; Order; Complaint by Common Carrier; Through Rates; Joint Rates.

Section 462.23 - Commissioners; Powers; Issuance of Subpoena by Court; Witness Fees; Depositions; Record of Proceedings.

Section 462.24 - Orders of Commission; Rescission or Amendment.

Section 462.25 - Rates; Classification and Regulations Prescribed by Commission to Be Prima Facie Lawful; Express Companies.

Section 462.26 - Appeal to Court of Appeals; Injunction; Equitable Powers; Preliminary Injunction; Additional Evidence; Judgment on Amended Order or Original Order; Appeal to Circuit Court; Burden of Proof.

Section 462.27 - Process; Practice and Evidence; Incriminating Testimony; Perjury; Immunity; Orders as Evidence.

Section 462.28 - Common Carriers; Authority of Commission; Blanks; Inspection; Order to Produce Books; Penalty.

Section 462.29 - Common Carriers; Contracts and Free Transportation Lists; Annual Free Transportation List.

Section 462.30 - Common Carriers; Annual Statement, Contents, Time; Blanks; Additional Information; Earnings and Income, Report.

Section 462.31 - Freight Tariffs; Filing.

Section 462.32 - Unreasonable Rate or Practice; Regulation by Commission.

Section 462.33 - Accidents; Report; Investigation, Expense.

Section 462.34 - Equipment and Structures; Inspection; Notice of Repairs; Orders as to Rate of Speed and Use of Defective Equipment; Penalties, Forfeitures.

Section 462.35 - Rules Regarding Maximum Speed Limits; Order; Effective Date of Speed Limit.

Section 462.36 - Equipment and Structures; Authority of Commission.

Section 462.37 - Equipment and Structures; Hearing Prior to Order.

Section 462.38 - Equipment and Structures; Refusal to Obey Order; Penalty.

Section 462.39 - Fences; Inspection, Construction.

Section 462.40 - Bill of Lading; Liability of Carrier; Statements of Charges.

Section 462.41 - Violations; Investigation; Enforcement of Act.

Section 462.42 - Investigation of Claims.

Section 462.43 - Liability for Violations; Penalty.

Section 462.44 - Police Powers Vested in Commission.

Section 462.45 - Substantial Compliance.

Section 462.46 - Rights of Action; Penalties Cumulative.

Section 462.47 - Mandamus; Injunction; Civil Remedies.

Section 462.48 - Record of Proceedings; Report to Governor, Contents, Publication.

Section 462.49 - Powers, Duties and Privileges Transferred to Commission; Saving Clause.

Section 462.50 - Legislation; Hearing on Changes; Recommendations.