§ 119. Rates and service to be fixed by the commissioner. 1. Whenever\nthe commissioner shall find, after a hearing had upon his own motion or\nupon a complaint, that the rates, fares or charges demanded, exacted,\ncharged or collected by any common carrier subject to his jurisdiction\nfor the transportation of persons or property within the state, or that\nthe regulations or practices of such common carrier affecting such rates\nare unjust, unreasonable, unjustly discriminatory or unduly\npreferential, or in violation of law, or that the maximum rates, fares\nor charges, chargeable by any such common carrier are insufficient to\nyield reasonable compensation for the service rendered, and are unjust\nand unreasonable, the commissioner shall with due regard among other\nthings to the estimated prospective earning capacity of such property at\nthe rate of fare at the time fixed and existent and to a reasonable\naverage return upon the value of the property actually used in the\npublic service, and to the necessity of making reservation out of income\nfor surplus and contingencies, determine the just and reasonable rates,\nfares and charges to be thereafter observed and in force as the maximum\nto be charged for the service to be performed, notwithstanding that a\nhigher rate, fare or charge has been heretofore authorized by general or\nspecial statute, and shall fix the same by order to be served upon all\ncommon carriers by whom such rates, fares and charges are thereafter to\nbe observed.\n At any hearing involving a rate, the burden of proof to show that the\nchange in rate if proposed by the common carrier, or that the existing\nrate, if on motion of the commissioner or in a complaint filed with the\ncommissioner it is proposed to reduce the rate, is just and reasonable\nshall be upon the common carrier; and the commissioner may give to the\nhearing and decision of such questions preference over all other\nquestions pending before him and decide the same as speedily as\npossible.\n Whenever the commissioner shall find, after a hearing had upon his own\nmotion, or upon a complaint, that the rates, fares or charges demanded,\nexacted, charged or collected by any common carrier subject to his\njurisdiction for excursion, school or family commutation, commutation\npassenger tickets, half fare tickets for the transportation of children\nunder six years of age, or any other form of reduced rate tickets for\nthe transportation of persons within the state, or joint interchangeable\nmileage tickets, with special privileges as to the amount of free\nbaggage that may be carried under mileage tickets of one thousand miles\nor more within the state, or that the regulations or practices of such\ncommon carriers affecting such rates are unjust, unreasonable, unjustly\ndiscriminatory or unduly preferential, or in violation of law, or that\nthe maximum rates, fares or charges collected or charged for any of such\nforms of reduced fare passenger transportation tickets by any such\ncommon carrier are insufficient to yield reasonable compensation for the\nservice rendered, and are unjust and unreasonable, and whenever the\ncommissioner shall find, after a hearing had upon his own motion or upon\na complaint, and upon investigation, that the sale of any form or forms\nof reduced passenger ticket heretofore sold or used upon any railroad or\nstreet railroad within the state, the use or sale of which ticket or\ntickets has been discontinued within five years prior to June thirtieth,\nnineteen hundred and eleven, will be just and reasonable and not in\nviolation of any provision of this chapter or other provision of law,\nthe commissioner shall, with due regard, among other things, to a\nreasonable average return upon the value of the property actually used\nin the public service and to the necessity of making reservation out of\nincome for surplus and contingencies, determine the just and reasonable\nrates, fares and charges to be thereafter ob
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