nd that, had the average rate been obtained by
using as a divisor the total number of paying passengers
plus the number of those who rode free the average would
have been much below three cents, the price fixed by the
law, and consequently, if the company would collect the
legal rate from all alike and abolish the free list, its
revenues from the passenger business would be increased
rather than decreased. If the same test is applied to the
freight rates it becomes equally evident that this statute
did not reduce the rates in Wisconsin below the average rate
of 2.50 cents per ton per mile, which, according to Mr.
Mitchell's statement, was the average for the year 1873. For
proof, it may be stated that the law classified freight into
four general classes, to be designated as first, second,
third and fourth classes, and into seven special classes, to
be designated as D, E, F, G, H, I and J. The rates on the
four general classes were made the same as were 'charged
for carrying freights in said four general classes on said
railroads on the first day of June, 1873,' and the rate per
ton per mile was fixed at certain rates for the first
twenty-five miles, a less for the second twenty-five miles,
and a fixed rate per mile after, as follows:

1st 25 Miles 2nd 25 Miles. All Over 50 Miles.

D 4-4/5 cents 3-1/5 cents 1 3/5 cents.
E Same as class above.
F 4 cents 2 cents 1 cent.
G 3-1/5 cents 2 cents 1 cent.
H 4 cents 2-4/5 cents 1-3/5 cents.
I 4-2/5 cents 2-2/5 cents 1-1/5 cents.
J 3-1/5 cents 2-2/5 cents 1 cent.

"When it is considered, in connection with these figures,
that the four general classes were left by the legislature
under the same tariffs as had been enforced by the
companies, and, as a rule, first class is three times the
rate of class D, and third and fourth class materially
higher, the evidence seems conclusive that the rates fixed
by law would produce an average materially higher than the
average of the whole year, stated by Mr. Mitchell at 2-1/2
cents. It seems also probable that, had the rates fixed by
this law been applied to the whole bu