COMMISSION REGULATION 
 OF PUBLIC UTILITIES 
 
 A COMPILATION AND ANALYSIS OF LAWS OF 
 FORTY-THREE STATES AND OF THE FED- 
 ERAL GOVERNMENT FOR THE REGU- 
 LATION BY CENTRAL COMMISSIONS 
 OF RAILROADS AND OTHER 
 PUBLIC UTILITIES 
 
 ^\^ '<^ 
 
 \-y 
 
 THE NATIONAL CIVIC FEDERATION 
 
 Department on Regulation of Interstate and 
 Municipal Utilities 
 
 NE\A^ YORK 
 
 1913 
 

 This volume was prepared as a part of an investigation of public 
 utility regulation under the direction of the Executive Council of the 
 Department on Regulation of Interstate and Municipal Utilities of 
 The National Civic Federation. 
 
 Emerson McMillin, Chairman. 
 
 Franklin Q. Brown, Vice Chairman. 
 
 John H. Gray, Secretary and Director of Investigation. 
 
 Edward M. Bassett. 
 
 Martin S. Decker. 
 
 Halford Erickson. 
 
 William D. Kerr. 
 
 Franklin K. Lane. 
 
 Blewett Lee. 
 
 Mild R. Maltbie. 
 
 Arthur Williams. 
 
 William D. Kerr,* Editor. 
 Bruce 'W,ViiiA,H; Cp\Lnsel.': 
 I. Leo Sharfman, Chief Investigator. 
 
 Copyright. 1913, by The National Civic Federation 
 
>v 
 
 CONTENTS 
 
 PAGE 
 
 Introduction 5 
 
 Jurisdiction of Commissions and Definitions 15 
 
 Chapter I. —Organization of Commissions 63 
 
 Chapter II. — General Powers of Commissions iii 
 
 Chapter III. — Basis of Rate Making 173 \^ 
 
 Chapter IV. — Establishment and Change of Rates 213 
 
 Chapter V. — Publicity of Rates 369 
 
 Chapter VI. — Discrimination in Rates and Service 420 
 
 Chapter VII. — Service 579 
 
 Chapter VIII. — Safety of Operation 651 
 
 Chapter IX. — Accounts 693 
 
 Chapter X. — Reports 715 
 
 Chapter XL — Franchises 799 
 
 Chapter XII. — Stock and Bond Issues 849 
 
 Chapter XIII. — Intercorporate Relations 907 
 
 Chapter XIV. — Commission Procedure and Practice ... . . . 923 
 
 Chapter XV. — Enforcement 1035 
 
 Addenda 1226 
 
 Index of Sections 1231 
 
 Index of Subjects 1259 
 
 285403 
 
INTRODUCTION 
 
 SCOPE AND METHOD OF COMPILATION AND 
 ANALYSIS OF LAWS 
 
 PAGE PAGE 
 
 Purpose 5 Jurisdiction and definitions 1 1 
 
 Manner of preparation 5 Scope notes 12 
 
 Scope of compilation and analysis. . 6 Analysis of chapters into minor 
 
 Selection of material 7 divisions 12 
 
 Nature of discarded material 7 Cross references 13 
 
 Form of material 8 Index of sections 13 
 
 Presentation of material 9 Subject index 13 
 
 Identification of provisions 9 Addenda 14 
 
 Analysis of material into chapters. . 9 Conclusion 14 
 
 Purpose. This compilation and analysis of laws was prepared 
 as a part of an investigation of public utility regulation begun in 
 February, 191 2. The Department on Regulation of Interstate and 
 Municipal Utilities of The National Civic Federation, organized to 
 conduct the investigation, was confronted with the necessity of 
 having in usable form existing statutory enactments. The organ- 
 ization of the department included an Executive Council, or board of 
 directors, each member of which represented a subcommittee with a 
 membership of from a half dozen to 1 5 or more. The actual drafting of 
 a report was referred in the first instance to the several subcommittees. 
 To present the statutory situation on their particular subjects to the 
 membership of each of the subcommittees required the printing of 
 the statutes when compiled and analyzed by the investigating staff. 
 Recognizing the value to attorneys, operating officials of public 
 utilities and the public generally of the material thus necessarily 
 prepared for committee use, the Council authorized the preparation 
 of a voliune containing all of the statutory material so gathered and 
 analyzed, suitably cross-referenced and indexed for general use. 
 While the special purpose for which it was prepared originally has 
 tended throughout to narrow the scope of the compilation and 
 analysis of laws, the ultimate value of the work to the public has 
 prompted liberal treatment of most topics. 
 
 Maimer of Preparation. The preparation of this volume re- 
 
quired t!i6,g;i'tlie.rihg;of stat.utes of 43 states and the federal govern- 
 ment, the physical dismeriiberment thereof section by section, and 
 sometimes sentence by sentence, and the classification and arrange- 
 ment of the individual points into a compact and harmonious whole. 
 The process might be likened to separating from a haystack wisps of 
 a particular kind and sorting them according to some 300 charac- 
 teristics determined while the work was in progress. To have se- 
 lected from the laws of any jurisdiction sections relevant to the in- 
 vestigation and arranged them in numerical sequence under the 
 name of that jurisdiction would have been comparatively simple. 
 But in this work analogous material from each of 44 different juris- 
 dictions relating to some 300 different topics has been brought to- 
 gether in one place and edited on a uniform basis. The scope of the 
 topics necessarily had to be developed as the work progressed. The 
 entire plan of handling the material represents a process of evolution 
 based on day-to-day experiences. The actual work of gathering the 
 statutes began February 23, 191 2. The preliminary draft of the 
 text of the compilation and analysis of laws was completed the last 
 day of the year. Two months in addition were devoted to supple- 
 menting the text with material theretofore unclassified and necessary 
 indexing and cross-referencing. Page proof copies of three-fourths 
 of the work were submitted to the members and secretaries of the 46 
 commissions for corrections of references to the laws of their states. 
 Nimierous individuals and organizations examined and commented 
 in detail on the method employed and the completeness of the in- 
 dividual chapters. All comments, suggestions and criticisms were 
 examined in detail and were followed whenever they appeared well- 
 advised and consistent with the plan of the work. Within its scope, 
 the compilation and analysis of laws is practically complete. 
 
 Scope of Compilation and Analysis. Commission regulation 
 of public utiHties being the object of the investigation, it was natural, 
 in the search for material, to limit the field to commission jurisdictions. 
 The material displayed, therefore, represents 44 jurisdictions: The 
 federal act to regulate commerce, with its amendments and supple- 
 ments, and the laws of the 43 states which in 1912 had central com- 
 missions for the regulation of utilities. The states of Delaware,- Idaho, 
 Utah, West Virginia and Wyoming are not represented because they 
 have no commissions, although there exists in each of these states a 
 considerable body of law the purpose of which is to provide, by direct 
 legislative enactment without administration, a proper public regula- 
 tion of public service undertakings. This legislation was carefully ex- 
 amined for any contributions it might make towards a thorough 
 
understanding of the field of public regulation, but none of it has 
 been given a place in this compilation and analysis of laws. 
 
 Selection of Material. Merely to limit the work to laws of 
 commission jurisdictions does not establish a distinct line of de- 
 marcation between the material that has been used and the material 
 that has been discarded. A large mass of statutory provisions, 
 even in the commission states, appears as duties imposed upon 
 utilities, in the form both of orders and prohibitions, rather than as 
 powers conferred upon commissions. For the proper enforcement 
 of many of these provisions authority is vested in commissions. 
 But since the source of this authority is usually a provision entirely 
 distinct from the provisions imposing these duties upon utilities, and 
 since, too, this authority increasing the direct powers of commissions 
 by a sort of "incorporation by reference" is usually stated in very 
 general terms, it becomes a matter of no little difficulty to determine 
 the exact scope of commission authority and to decide what por- 
 tions of the statutory material rightfully deserve a place in a work of 
 the nature of this compilation and analysis of laws. This difficulty 
 was handled with the best judgment at the disposal of the investi- 
 gating staff. It was often a task of equal difficulty to determine who 
 far a recent law superseded older legislation or merely added to it 
 In some cases no absolute decision on this point can possibly be 
 reached except by judicial determination. This matter was likewise 
 handled with the best judgment available. It becomes obvious, 
 however, that much of the legislative material in commission juris- 
 dictions, though carefully examined, was necessarily omitted from 
 the work as at present published. Two principles exerted a large in- 
 fluence in the selection of material in these doubtful cases. First, 
 recent legislation was usually given the preference over older -laws. 
 The object in view was to present a living idea of the statutory sit- 
 uation as it is to-day, and this involved a greater emphasis upon 
 present tendencies than upon old achievements in legislation. In the 
 second place, there was less hesitancy in discarding material which 
 has already been well digested and the effect of which has crystal- 
 lized into more or less fixed legal rules than provisions the applica- 
 tion of which is stUl in the experimental stage. To a large extent 
 this likewise involved a contrast between old and new legislation, but 
 it also involved a distinction between the kinds of utilities regulated. 
 Railroad law, for example, was much more readily discarded than 
 provisions regulating telephones, telegraphs, gas, electricity, water, 
 etc. 
 
 Nature of Discarded Material. The nature of the important 
 
classes of discarded material can be indicated readily. Provisions of 
 general corporation law have been excluded. They open up a large 
 field of legislation which applies for the most part to ordinary indus- 
 trial corporations no less than to public service undertakings. These 
 provisions involve, among numerous minor matters, questions of 
 incorporation and organization, eminent domain and locations, and 
 the entire problem of the taxation of corporations. By the omission 
 of this material the provisions on franchises, stocks and bonds, and 
 intercorporate relations have been largely narrowed. Again, maxi- 
 mum rate laws, even when enforcement has been left to commissions 
 have been excluded generally. They represent temporary public dis- 
 content rather than wise policies of public regulation, The material 
 dealing with the regulation of rates has been narrowed thus to no 
 small extent. In like manner, provisions prescribing by legislative 
 enactment specific facilities and standards of service and specific 
 safety appliances and standards of safety, even when enforcement 
 is left to commissions, have been excluded. These laws are exam- 
 ples of the old system of direct legislative regulation. The present- 
 day tendency is to confer upon administrative commissions sufficient 
 authority for effective regulation in these matters. By the omission 
 of this material the provisions on the regulation of service and safety 
 of operation have been largely narrowed. Material dealing with the 
 regiilation of municipally owned utilities has also been excluded. 
 Though most of the fundamental principles of public regulation may 
 be applied universally, regardless of the seat of ownership, attention 
 in this investigation has been directed entirely to privately owned 
 utilities. These represent the important classes of discarded mate- 
 rial. The omission of less important provisions in a work of this 
 sort is self-explanatory. 
 
 Form of Material. Whenever language has been of the essence 
 the provisions have been given verbatim, as they appear in consti- 
 tutions and statute books. This has been found to be necessary 
 with practically all of the substantive material conferring authority 
 upon commissions directly or leaving to commissions the enforce- 
 ment of duties imposed upon utilities. Paraphrasing has been em- 
 ployed only in the omission of useless words and phrases where the 
 scope or meaning of the grants of power could not possibly be 
 affected. The summary form has been used only in the few instances 
 where facts alone were involved and language had no substantive 
 value, the employment of this summary form being limited to Chap- 
 ter I, dealing with the organization of commissions. Throughout 
 the work the sources of the material have been indicated. Citations 
 
 8 
 
are given for every provision and fact included in the compilation 
 and analysis of laws. 
 
 Presentation of Material. The material under every topic and 
 subtopic of each chapter is displayed by jurisdictions in alphabetical 
 order. This method of presentation not only makes of the com- 
 pilation and analysis of laws a useful source of information but pro- 
 vides for the reader a ready basis of comparison between the pro- 
 visions of any one jurisdiction on any given subject and similar 
 provisions of all other jurisdictions. For the lawmaker this should 
 prove of invaluable assistance in studying the varied experience of 
 all our commonwealths. For utility managers, too, and especially 
 for those who transact an interstate business, this localization of the 
 provisions of all jurisdictions dealing with a given subject should 
 prove of large practical value. 
 
 Identification of Provisions. It will be noted that the material 
 of one jurisdiction is sometimes "identified" with the material of 
 another jurisdiction. This expedient was adopted merely as a means 
 of saving space, in order that this compilation and analysis of laws 
 might not extend to unwieldy proportions. These identifications 
 depend solely upon alphabetical sequence. The provision appearing 
 first in the alphabetical order of jurisdictions is presented in full, and 
 identical provisions in all other jurisdictions that follow are recorded 
 as identical with the provision already displayed. It must be remem- 
 bered that the order of these identifications has no historical signifi- 
 cance. Thus it happens that earlier laws are sometimes referred to 
 as identical with later laws. The best examples are the cases of 
 Arizona and California, and Oregon and Wisconsin. The Arizona 
 law is really a copy, almost verbatim, of the California law; and the 
 laws of Oregon follow, in large measure, the laws of Wisconsin. 
 Wherever the provisions are identical, however, the Arizona and 
 Oregon laws are presented in full, inasmuch as they appear first 
 alphabetically, instead of the laws of California and Wisconsin. 
 This plan was adopted solely as a mechanical convenience for the 
 handling of material. The substance of the legislative provisions is 
 in no way affected, and the order of identification must not be taken 
 as an evidence of jurisdictional initiative or credit. 
 
 Analysis of Material into Chapters. The compilation and analy- 
 sis of laws has been divided into fifteen parts. The work opens with 
 a chapter on Organization of Commissions. This chapter includes 
 the important requirements of commission organization. Minor 
 details are usually determined by the commissions themselves and 
 are to be found in rules, regulations and orders promulgated by them. 
 
Provisions dealing with the organization of boards and offices affili- 
 ated with commissions, even when under their direct supervision, 
 have been excluded. Chapter II, on General Powers of Commis- 
 sions, includes grants of power which give commissions general 
 authority to regulate utilities. This authority is found in the use 
 of language involving general supervision, in comprehensive enumera- 
 tion of particular powers in summary form, and in grants of special 
 powers of such broad scope as to amount to general regulation. 
 Then follow four chapters which deal with the regulation of rates. 
 Chapter III, on Basis of Rate Making, includes provisions prescrib- 
 ing that rates must be reasonable and indicating the various elements 
 to be considered and the various devices that may be adopted by 
 utilities and commissions in the establishment of reasonable rates. 
 Provisions on valuation are here included because it is considered 
 that the most important purpose of ascertaining the value of utility 
 property is as a guide to rate making. Chapter IV, on Establish- 
 ment and Change of Rates, includes grants of power authorizing 
 commissions to regulate or prescribe the rates and charges of utili- 
 ties, and such provisions as indicate the procedure to be followed in 
 the exercise of these powers and the legal effect to be given to the 
 rates and charges so established. Chapter V, on Publicity of Rates, 
 includes provisions prescribing publicity in the establishment and 
 change of rates by utilities or commissions, and such grants of power 
 as authorize commissions to render publicity in rate making effective. 
 Chapter VI, on Discrimination in Rates and Service, includes pro- 
 visions regulating the making of rates and the providing of service 
 in practice. They define and prohibit unjust discrimination in rates 
 and service and indicate the kinds of special treatment which con- 
 stitutes justifiable discrimination. It includes also grants of power 
 authorizing commissions to determine under what conditions such 
 circumstances exist as make discrimination justifiable. Provisions 
 involving a refusal to serve because of race, business or profession 
 have been excluded. The next two chapters deal with the adequacy 
 and safety of service. Chapter VII, on Service, includes provisions 
 prescribing that adequate service and facilities be maintained and 
 provided for patrons and utilities, and such specific grants of power 
 as authorize commissions to render these requirements effective. 
 Chapter VIII, on Safety of Operation, includes grants of power 
 authorizing commissions to regulate utilities with regard to the safety 
 of the service rendered. Then follow two chapters which deal with 
 accounts and reports. Chapter IX, on Accounts, includes grant 
 of power authorizing commissions to prescribe systems of accounts 
 
 lO 
 
and to regulate accounting practices. It includes provisions giving 
 commissions the right of access to, and inspection of, the books and 
 records of utilities only insofar as these rights are granted strictly 
 for the purpose of regulating accounts. Chapter X, on Reports, 
 includes grants of power authorizing commissions to require formal 
 reports and elicit general information from utilities, and such pro- 
 visions as impose upon commissions the duty of submitting to desig- 
 nated authorities reports of their own proceedings and of the business 
 and management of utilities. Provisions prescribing the filing of 
 reports by utilities with other bodies or officers than commissions or 
 commissioners have been excluded. The next tliree chapters deal 
 with capitalization and competition. Chapter XJ, on Franchises, 
 includes grants of power authorizing commissions to regulate com- 
 petition between utilities by requiring certificates of convenience 
 and necessity to be issued by commissions as a condition precedent 
 to the acquisition of new franchise privileges or to the exercise of 
 franchise privileges previously granted. It also includes the Wis- 
 consin law on indeterminate franchises. Chapter XII, on Stock and 
 Bond Issues, includes grants of power authorizing commissions to 
 regulate the capitalization of utiHties. Chapter XIII, on Inter- 
 corporate Relations, includes grants of power authorizing commis- 
 sions to supervise the relations of utilities between themselves with 
 regard to finance and organization. Two chapters on procedure 
 and enforcement complete the compilation and analysis of laws. 
 Chapter XIV, on Commission Procedure and Practice, includes pro- 
 visions prescribing the general procedure to be observed by com- 
 missions in the performance of their duties and the conduct of their 
 proceedings, and such grants of power as authorize commissions to 
 render these requirements effective. Provisions involving special 
 procedure incident to the exercise of particular powers have not been 
 repeated here. Chapter XV, on Enforcement, includes grants of 
 power authorizing commissions to invoke judicial process for the 
 enforcement of their orders and prescribing penalties for their vio- 
 lation, and such provisions as indicate the degree of validity to be 
 attached to orders of commissions and as prescribe the procedure 
 and legal effect of review of such orders by judicial tribunals. Pro- 
 visions involving special enforcement machinery incident to the 
 exercise by commissions of particular powers have been here excluded. 
 
 Jurisdiction and Definitions. The preliminary chapter on Juris- 
 diction of Commissions and Definitions is not incorporated in the 
 body of the text of the compilation and analysis of laws for the reason 
 that it contains itself no substantive provisions but in the last analy- 
 
 ij 
 
sis is an interpretative guide to an understanding of all of the sub- 
 stantive provisions throughout the text. The material incorporated 
 in this chapter was selected with care, the purpose being to gather 
 together only the jurisdictional statements and the definitions which 
 had an important bearing on the text. Many definitions of a dis- 
 tinctly local application from the standpoint of the statutes in which 
 they are foimd are localized in the text by being attached by foot- 
 note to the substantive provisions which they explain or modify. 
 The definitions in this chapter are mainly definitions of general appli- 
 cation to entire statutes. The combined statements of jurisdiction 
 and definitions present concrete pictures of the status of legislation 
 in each jurisdiction. 
 
 Scope Notes. The statutory material regulating utilities is an 
 indivisible whole. Moreover, much of American legislation is passed 
 in a form so haphazard and unsystematic as to present serious diffi- 
 culties in any attempt at logical analysis and separation into ele- 
 ments. So any division of the material may appear in some respects 
 arbitrary and necessarily involves considerable overlapping of pro- 
 visions. To meet the situation in this work, each of the 1 5 chapters 
 is headed by a note which aims to indicate the general scope of that 
 chapter and its relation to every other chapter which contains similar 
 or allied material. These scope notes, therefore, should make clear 
 in each case the basis of the general analysis, and locate by means 
 of their references such provisions as have been omitted from their 
 proper chapters because they are incidental to material which belongs 
 elsewhere. 
 
 Analysis of Chapters into Minor Divisions. To analyze each 
 chapter into minor divisions and retain at the same time the statu- 
 tory language and form of the material presents, of course, a much 
 more difficult task than the analysis into chapters. The statutes 
 cannot be dismembered physically in every case without clouding 
 or destroying the meaning of many provisions by a loss of context. 
 Moreover, the analysis of a law into the comparatively small ele- 
 ments represented by the divisions and subdivisions of chapters very 
 often involves important questions of statutory construction on the 
 part of the investigator. Furthermore, the physical separation of 
 legislative provisions into their elements, if carried out in every case, 
 would involve so much repetition of material and would result in so 
 large an addition to the bulk of the compilation and analysis as to 
 detract appreciably from the usefulness of the work. To meet these 
 difficulties, the material has been broken up physically only into its 
 natural divisions; that is, each provision has been placed under the 
 
 X3 
 
division or subdivision where it primarily belongs, although it may 
 have involved incidental material which would logically belong else- 
 where. In other words, no attempt has been made to dismember 
 the material physically to such "an extent as to include under each 
 of the minor divisions every provision dealing with a given subject, 
 no matter how inextricably incorporated in other material. It is 
 believed that this method of handling the legislative provisions pre- 
 sents a more accurate picture of the statutory situation than other- 
 wise could be attained; for while it presents a logical analysis of the 
 subject matter of the statutes, it involves the least amount of tam- 
 pering with the material as enacted by the various legislatures and 
 the least amount of extra-judicial interpretation of its meaning. 
 
 Cross References. In order to make up for the apparent incom- 
 pleteness resulting from the method of analysis just outlined, a sys- 
 tem of cross referencing has been adopted, whereby under each juris- 
 diction in each division and subdivision references are made to any 
 similar provisions appearing in any other part of the compilation 
 and analysis. Such material, therefore, as does not seem to appear 
 in its proper place because it could not be extracted physically from 
 the provisions with which it is displayed is thus incorporated by 
 reference. By the actual presentation of provisions or by means of 
 cross references there are complete listings under each of the topics 
 into which the chapters have been analyzed. 
 
 Index of Sections. A complete index of constitutional and statu- 
 tory provisions is attached to the compilation and analysis of laws. 
 This index shows, section by section, the paragraph of the text in 
 which every provision that has been used of any constitution or 
 statute may be found. This index has a twofold value: First it 
 enables the user of the volume to ascertain what laws of a particular 
 jurisdiction have been used ; second, it enables one to find at a glance 
 material from other jurisdictions analogous to a particular section 
 in which he is interested. 
 
 Subject Index. Another drawback arising from the fact that the 
 statutory material cannot be physically dismembered into small ele- 
 ments without doing violence to the laws as they appear on the 
 statute books is that the analysis coiild not be carried as far as would 
 be of the greatest advantage to the various classes in the hands of 
 which this work is likely to find itself. The compilation and analysis 
 has been supplemented, therefore, by a carefully prepared analytical 
 index based upon the subject matter of the material. By means of 
 this index the legislator, utility manager, student or publicist can 
 
 13 
 
pursue his jurisdictional comparisons even with regard to the minute 
 elements of commission regulation. 
 
 Addenda. A limited amount of material came to hand after the 
 body of the text was fixed by the numbering of the paragraphs and 
 the completion of indices. Some of this material was inserted in the 
 text by means of footnotes to associated material. Other sections 
 were placed in an addendum, niimbered serially with the sections of 
 the body of the text, and incorporated in the body by cross-references. 
 In some instances material was found to have been included which 
 might have been omitted but for the fixing of the text by the num- 
 bering of the paragraphs. This material was not disturbed. 
 
 Conclusion. Within clearly defined limits, then, this compila- 
 tion and analysis of laws aims to present a complete and accurate 
 picture of the statutory situation with regard to commission regula- 
 tion of public utilities. In addition, much effort has been expended 
 to make the work practically useful. If the labor and devotion 
 involved in its preparation will make even the smallest contribution 
 towards a better understanding of the increasingly vital relations 
 between the public and the public service industries all who have 
 participated in the work will feel amply repaid. 
 
 •4 
 
JURISDICTION OF COMMISSIONS 
 AND DEFINITIONS 
 
 SCOPE NOTE 
 
 This chapter includes references in the language 
 of the statutes to the utilities which can be reached by 
 commissions, however great or small the extent of the 
 commission authority, and a list of such definitions as 
 indicate the scope of the utilities in particular jurisdictions. 
 For provisions authorizing commissions to regulate allied 
 businesses or dealing with the territorial jurisdiction 
 of commissions, see ch. ii, on general powers of com- 
 missions. For general statement of scope and method^ 
 see introduction. 
 
 15 
 
UNITED STATES 
 
 The provisions of this act shall apply to any corporation or any 
 person or persons engaged in the transportation of oil or other com- 
 modity, except water and except natiiral or artificial gas, by means 
 of pipe lines, or partly by pipe lines and partly by railroad, or partly 
 by pipe lines and partly by water, and to telegraph, telephone, and 
 cable companies (whether wire or wireless) engaged in sending 
 messages from one state, territory, or district of the United States 
 to any other state, territory, or district of the United States or to 
 any foreign country, who shall be considered and held to be common 
 carriers within the meaning and purpose of this act, and to any com- 
 mon carrier or carriers engaged in the transportation of passengers 
 or property wholly by railroad (or partly by railroad and partly by 
 water when both are used under a common control, management, 
 or arrangement for a continuous carriage or shipment), from one 
 state or territory of the United States or the District of Colimibia 
 to any other state or territory of the United States or the District 
 of Columbia, or from one place in a territory to another place in the 
 same territory, or from any place in the United States to an adjacent 
 foreign country, or from any place in the United States through a 
 foreign coimtry to any other place in the United States, and also 
 to the transportation in like manner of property shipped from any 
 place in the United States to a foreign country and carried from such 
 place to a port of transshipment, or shipped from a foreign coimtry 
 to any place in the United States and carried to such place from a port 
 of entry either in the United States or an adjacent foreign country; 
 provided, however, that the provisions of this act shall not apply 
 to the transportation of passengers or property, or to the receiving, 
 delivering, storage, or handling of property wholly within one state 
 and not shipped to or from a foreign country from or to any state 
 or territory as aforesaid, nor shall they apply to the transmission of 
 messages by telephone, telegraph, or cable wholly within one state 
 and not transmitted to or from a foreign country from or to any 
 state or territory as aforesaid. Act to Regulate Commerce, as amended, 
 sec. I. 
 
 DEFINITIONS. 
 
 ACT TO REGULATE COMMERCE, AS AMENDED, SEC. I. 
 
 Common carrier shall include express companies and sleeping car companies. 
 
 Railroad shall include all bridges and ferries used or operated in connection 
 with any railroad, and also all the road in use by any corporation operating a 
 railroad, whether owned or operated under a contract, agreement, or lease, and 
 
 i6 
 
shall also include all switches, spurs, tracks, and terminal facilities of every kind 
 used or necessary in the transportation of the persons or property designated 
 herein, and also all freight depots, yards, and grounds used or necesssary in the 
 transportation or deUvery of any of said property. 
 
 Transportation shall include cars and other vehicles and all instrumentalities 
 and facilities of shipment or carriage, irrespective of ownership or of any con- 
 tract, express or implied, for the use thereof and all services in connection with 
 the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration 
 or icing, storage, and handling of property transported. 
 
 ALABAMA 
 
 The provisions of this chapter shall apply to the transportation 
 of passengers and property between points within this state, and to 
 the receiving, switching, delivering, storing, and hauling of such 
 property, and to all charges connected therewith, and shall apply 
 to all railroad corporations, express companies, car companies, sleep- 
 ing car companies, freight and freight line companies, steamboat or 
 steam packet companies, terminal companies, or individuals who 
 now or hereafter may own, operate, or control any railroad depot 
 or terminal station, and to all associations of persons, whether in- 
 corporated or otherwise, that shall do business as common carrier 
 upon or over any line of railroad in whole or in part within this state, 
 upon or over any navigable stream in whole or in part within the 
 state or partly by rail and partly by water; but nothing in this 
 article shall be construed as a regulation of or interference with 
 interstate commerce. Code igoj, sec. 5648. 
 
 This chapter shall not apply to street and electric railroad en- 
 gaged solely in the transportation of passengers within the limits of 
 any one city, nor to logging or private railroads not doing business as 
 common carriers. Same, sec. 364^. 
 
 The commission shall also have power of supervision and control 
 over all telegraph and telephone lines operating in more than one 
 city or town. Same, sec. 5647. 
 
 DEFINITIONS. 
 
 CODE 1907. 
 
 All corporations, companies, firms or individuals engaged in the transporta- 
 'tion of persons or freight over railroads for hire are common carriers. Sec. 5520. 
 
 Transportation company shall mean and embrace all corporations, companies, 
 individuals, associations of individuals, their lessees, trustees, or receivers that 
 now, or may hereafter own, operate, manage or control as common carrier, any 
 railroad or pajt of a railroad, in this state, or any cars, or other equipments used 
 thereon, or bridges, terminals or side tracks used in connection therewith, whether 
 owned by such railroad, or otherwise. Sec. 5647. 
 
 Transportation company shall also mean and embrace express companies, car 
 
 17 
 
companies, sleeping car companies, steamboat or steam packet companies, and 
 all corporations, individuals or associations of individuals, their lessees, trustees, 
 or receivers that now or may hereafter own, operate or control any railroad depot 
 or terminal station, over all of which the commission shall have the power of su- 
 pervision and control. Same. 
 
 ACTS 1909, SP. SESS. 201, SEC. l(l). 
 
 All railroad companies, or other companies, corporations, firms or indi- 
 viduals engaged in the transportation of persons, or freight over railroads for 
 hire, and all navigation companies or steamboat or steam packet companies or 
 corporations, firms or individuals engaged in the transportation of persons or 
 freight by water, for hire, are hereby declared common carriers, and are hereby 
 made subject to the provisions of this act. 
 
 ARIZONA 
 
 All corporations other than municipal engaged in carrying per- 
 sons or property for hire; or in furnishing gas, oil, or electricity for 
 light, fuel or power; or in furnishing water for irrigation, fire pro- 
 tection, or other public purposes; or in furnishing, for profit, hot or 
 cold air or steam for heating or cooling purposes; or in transmitting 
 messages or furnishing public telegraph or telephone service, and all 
 corporations other than municipal, operating as common carriers, 
 shall be deemed public service corporations. Const, art. xv, sec. 2. 
 
 All railroad, car, express, electric, transmission, telegraph, tele- 
 phone, or pipe line corporations, for the transportation of persons, 
 or of electricity, messages, water, oil, or other property for profit, are 
 declared to be common carriers and subject to control by law. Same, 
 Sec. 10. 
 
 DEFINITIONS. 
 
 SESS. LAWS I912, CH. 90, SEC. 2. 
 
 Common Carrier includes every railroad corporation, street railroad corpora- 
 tion; express corporation; dispatch, sleeping car, dining car, drawing room car, 
 freight, freight-line, refrigerator, oil, stock, fruit, car loaning, car renting car 
 loading and every other car corporation or person; electrical corporation; trans- 
 mission corporation; telegraph corporation; telephone corporation; water cor- 
 poration; or pipe line corporation; for the transportation of persons or of elec- 
 tricity, messages, water, oil or other property, for profit, their lessees, trustees, 
 receivers or trustees appointed by any court whatsoever, operating for com- 
 pensation within this state. 
 
 Corporation includes a corporation, a company, an association, and a joint 
 stock association. 
 
 Electrical corporation includes every corporation or person, their lessees, 
 trustees, receivers or trustees appointed by any court whatsoever, owning, con- 
 trolling, operating, or managing any electric plant for compensation within this 
 state, except where electricity is generated on or distributed by the producer 
 through private property alone solely for his own use or the use of his tenants 
 and not for sale to others. 
 
 13 
 
Electric plant includes all real estate, fixtures and personal property owned, 
 controlled, operated, or managed, in connection with or to facilitate the produc- 
 tion, generation, transmission, delivery, or furnishing of electricity for light, 
 heat, or power, and all conduits, ducts, or other devices, materials, apparatus, or 
 property, for containing, holding, or carrying conductors used or to be used for 
 containing, holding, or carrying conductors used or to be used for the transmission 
 of electricity for light, heat, or power. 
 
 Express corporation includes every corporation or person, their lessees, 
 trustees, receivers or trustees appointed by any court whatsoever, engaged in or 
 transacting the business of transporting any freight, merchandise, or other 
 property for compensation on the line of any common carrier or stage or auto 
 stage line within this state. 
 
 Gas corporation includes every corporation or person, their lessees, trustees, 
 receivers or trustees appointed by any court whatsoever, owning, controlling, 
 operating, or managing any gas plant for compensation within this state, except 
 where gas is made or produced on, and distributed by the maker or producer 
 through, private property alone solely for his own use or the use of his tenants 
 and not for sale to others. 
 
 Gas plant includes all real estate, fixtures, and personal property, owned, 
 controlled, operated, or managed, in connection with or to facilitate the produc- 
 tion, generation, transmission, delivery or furnishing of gas (natural or manu- 
 factured) for light, heat or power. 
 
 Person includes an individual, a firm, and a co-partnership. 
 
 Pipe line includes all real estate, fixtures, and personal property, owned, 
 controlled, operated, or managed, in connection with or to facilitate the trans- 
 mission, storage, distribution, or delivery, of crude oil, or other fluid substance, 
 except water, through pipe lines; in furnishing hot or cold air or steam for heating 
 or cooling purposes. 
 
 Pipe line corporation includes every corporation or person, their lessees, 
 trustees, receivers or trustees appointed by any court whatsoever, owning, con- 
 trolling, operating or managing any pipe line for compensation within this state. 
 
 Public service corporation includes every common carrier, pipe line corpora- 
 tion, gas corporation, electrical corporation, telephone corporation, telegraph 
 corporation, water corporation, and warehouseman, as these terms are defined 
 in this section, and each thereof is hereby declared to be a public service corpora- 
 tion and to be subject to the jurisdiction, control, and regulation of the commission 
 and to the provisions of this act. 
 
 Railroad includes every commercial, interurban, and other railway, other 
 than a street railroad, and each and every branch or extension thereof, by what- 
 soever power operated, together with all tracks, bridges, trestles, rights of way, 
 subways, tunnels, stations, depots, union depots, yards, grounds, terminals, 
 terminal facilities, structures, and equipment, and all other real estate, fixtures, 
 and personal property of every kind used in connection therewith, owned, con- 
 trolled, operated, or managed for public use in the transportation of persons or 
 property. 
 
 Railroad corporation includes every corporation or person, their lessees, 
 trustees, receivers, or tustees appointed by any court whatsoever, owning, con- 
 trolling, operating, or managing any railroad for compensation within this state. 
 
 Street railroad includes every railway, and each and every branch or ex- 
 tension thereof, by whatsoever power operated, beng mainly upon, along, above 
 or below any street, avenue, road, highway, bridge, or public place within any 
 
 I9„ 
 
city, country or town, together with all real estate fixtures and personal property 
 of every kind used in connection therewith, owned, controlled, operated, or 
 managed for public use in the transportation of persons or property; but the 
 term street railroad, when used in this act, shall not include a railway constituting 
 or used as a part of a commercial or interurban railway. 
 
 Street railroad corporation includes every coporation or person, their lessees, 
 trustees, receivers, or trustees appointed by any court whatsoever, owning, con- 
 trolling, operating, or managing any street railroad for compensation within 
 this state. 
 
 Telegraph corporation includes every corporation or person, their lessees, 
 trustees, receivers or trustees appointed by any court whatsoever, owning, con- 
 trolling, operating, or managing any telegraph line for compensation within this 
 state. 
 
 Telegraph line includes all conduits, ducts, poles, wires, cables, instruments, 
 and appliances, and all other real estate, fixtures, and personal property, owned, 
 controlled, operated, or managed in connection with or to facilitate communica- 
 tion by telegraph, whether such communication is had with or without the use 
 of transmission wires. 
 
 Telephone corporation includes every corporation or person, their lessees, 
 trustees, receivers or trustees appointed by any court whatsoever, owning, con- 
 trolling, operating or managing any telephone line for compensation within this 
 state. 
 
 Telephone line includes all conduits, ducts, poles, wires, cables, instruments, 
 and appliances, and all other real estate, fixtures, and personal property, owned, 
 controlled, operated, or managed in connection with or to facilitate communica- 
 tion by telephone, whether such communication is had with or without the use 
 of transmission wires. 
 
 Transportation of persons includes every service in connection with or in- 
 cidental to the safety, comfort, or convenience of the person transported and the 
 receipt, carriage, and delivery of such person and his baggage. 
 
 Transportation of property includes every service in connection with or in- 
 cidental to the transportation of property, including in particular its receipt, de- 
 livery, elevation, transfer, switching, carriage, ventilation, refrigeration, icing, 
 dunnage, storage, and handling, and the transmission of credit by express cor- 
 porations. 
 
 Water corporation includes every corporation or person, their lessees, trustees, 
 receivers or trustees appointed by any court whatsoever, owning, controlling, 
 operating, or managing any water system for compensation within this state. 
 
 Water system includes all reservoirs, tunnels, shafts, dams, dikes, headgates, 
 pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures, 
 and personal property, owned, controlled, operated or managed in connection 
 with or to facilitate the diversion, development, storage, supply, distribution, 
 sale, furnishing, carriage, apportionment, or measurement, or water for power, 
 fire protection, irrigation, reclamation, or manufacturing, or for municipal, do- 
 mestic, or other beneficial use. 
 
 ARKANSAS 
 
 Sec. 6820 of Kirby's Digest, 1904, provides that all the pro- 
 visions of this act shall apply to and include all companies or corpor- 
 ations carrying property on any railroad as express matter and known- 
 
 ao 
 
as express companies as fully as if such persons, companies or corpor- 
 ations were specially named and designated therein. 
 
 The commission has jurisdiction over every person or corporation 
 operating any railroad or express business in the state. See Kirby's 
 Digest, 1904, sec. 6002. 
 
 The commission also has jurisdiction over sleeping car com- 
 panies. See Acts igoy, no. 422, sec. 4. 
 
 CALIFORNIA 
 
 Every private corporation, and every individual or association 
 of individuals, owning, operating, managing or controlling any com- 
 mercial railroad, interurban railroad, street railroad, canal, pipe line, 
 plant, or equipment, within this state for the transportation or con- 
 veyance of passengers, or express matter, or freight^ of any kind, 
 including crude oil, or for the transmission of telephone or telegraph 
 messages, or for the production, generation, transmission, delivery 
 or furnishing of heat, light, water, or power, or for the furnishing of 
 storage or wharfage facilities, either directly or indirectly, to or for 
 the public, and every common carrier, is hereby declared to be a 
 public utility subject to such control and regulation by the railroad 
 commission as may be provided by the legislatiire, and every class 
 of private corporations, individuals, or associations of individuals 
 hereafter declared by the legislature to be public utilities shall like- 
 wise be subject to such control and regulation. The railroad com- 
 mission shall have and exercise such power and jurisdiction to super- 
 vise and regulate public utilities, in the state of California, and to 
 fix the rates to be charged for commodities ftimished or services 
 rendered by public utilities as shall be conferred upon it by the 
 legislature, and the right of the legislature to confer powers upon the 
 railroad commission respecting public utilities is hereby declared to 
 be plenary and to be unlimited by any provision of this constitution. 
 From and after the passage by the legislature of laws conferring 
 powers upon the railroad commission respecting public utilities, all 
 powers respecting such public utilities vested in boards of supervisors, 
 or miinicipal councils, or other governing bodies of the several cotmties, 
 cities and counties, cities and towns in this state, or in any commission 
 created by law and existing at the time of the passage of such laws, 
 shall cease so far as such powers shall conflict with the powers so 
 conferred upon the railroad commission; provided, however, that 
 this section shall not affect such powers of control over any public 
 utility vested in any city or county or incorporated city or town as, 
 at an election to be held pursuant to laws to be passed hereafter by 
 
 21 
 
the legislatiire, a majority of the qualified electors voting thereon of 
 city and coimty, or incorporated city or town, shall vote to retain, 
 and until such election such powers shall continue unimpaired; but 
 if the vote so taken shall not favor the continuation of such powers 
 they shall thereafter vest in the railroad commission as provided by 
 law; and provided, further, that where any such city and county or 
 incorporated city or town shall have elected to continue any powers 
 respecting public utilities, it may, by vote of a majority of its quali- 
 fied electors voting thereon, thereafter surrender such powers to the 
 railroad commission in the manner to be prescribed by the legisla- 
 tiire; or if such municipal corporation shall have surrendered any 
 powers to the railroad commission, it may, by like vote, thereafter 
 reinvest itself with such power. Const., art. .xii, sec. 2j. 
 
 See also sec. 82, ch. 14, and Stats. iQii, ist ex. sess. sees, i to 10, 
 ch. 40. 
 
 DEFINITIONS. 
 
 STATS. 191 1, IST EX. SESS., CH. I4, SEC. 2. 
 
 Definitions of the following terms are substantially indentical with def- 
 initions of same terms in Arizona, Session Laws 1912, ch. 90, sec. 2: Corpora- 
 tion, electrical corporation, electric plant, express corporation, gas corporation, 
 gas plant, person, pipe line, pipe line corporation, railroad corporation, street 
 railroad, street railroad corporation, telegraph corporation, telegraph line, telephone 
 corporation, telephone line, transportation of persons, transportation of property, 
 water corporation, water system. 
 
 Common carrier includes every railroad corporation; street railroad corpora- 
 tion; express corporation, dispatch, sleeping car, dining car, drawing room car, 
 freight, freight-line, refrigerator, oil, stock, fruit, car loaning, car renting, car 
 loading and every other car corporation or person, their lessees, trustees, re- 
 ceivers or trustees appointed by any court whatsoever, operating for compen- 
 sation within this state; and every corporation or person, their lessees, trustees, 
 receivers or trustees appointed by any court whatsoever, owning, controlling, 
 operating or managing any vessel regularly engaged in the transportation of 
 persons or property for compensation upon the waters of this state or upon the 
 high seas, over regular routes between points within this state. 
 
 Public utility includes every common carrier, pipe-line corporation, gas cor- 
 poration, electrical corporation telephone corporation, telegraph corporation, 
 water corporation, wharfinger and warehouseman, as those terms are defined in 
 this section, and each thereof is hereby declared to be a public utility and to be 
 subject to the jurisdiction, control and regulation of the commission and to the 
 provisions of this act. 
 
 Railroad includes every commerical, interurban and other railway, other 
 than a street railroad, and each and every branch or extension thereof, by what- 
 soever power operated, together with all tracks, bridges, trestles, rights of way, 
 subways, tunnels, stations, depots, union depots, ferries, yards, grounds, terminals, 
 terminal facilities, structures and equipment, and all other real estate, fixtures 
 and personal property of every kind used in connection therewith, owned, con- 
 trolled, operated or managed for public use in the transportation of persons or 
 property. 
 
 22 
 
Vessel includes every species of water craft, by whatsoever power operated 
 which is owned, controlled, operated or managed for public use in the transporta- 
 tion of persons or property. 
 
 Wharfinger includes every corporation or person, their lessees, trustees, re- 
 ceivers or trustees, appointed by any court whatsoever, owning, controlling, op- 
 erating or managing any dock, wharf or structure used by vessels in connection 
 with or to facilitate the receipt or discharge of freight or passengers for com- 
 pensation within this state. 
 
 COLORADO 
 
 The provisions of this act shall apply to any corporation or to 
 any person or persons who shall be held to be common carriers within 
 the meaning and purpose of this act, and .to any common carrier or 
 carriers engaged in the transportation of passengers or property by 
 railroad from one point or place within the state to any other point 
 or place within the state. Laws igio, sp. sess., ch. 5, sec. i. 
 
 This act shall not apply to the ownership or operation of street 
 railways conducted solely as common carriers in the transportation 
 of passengers within the limits of cities and towns. Same. 
 
 definitions: 
 
 LAWS I9IO, SP. SESS., CH. 5, SEC. 2. 
 
 Common carriers shall also include express companies, private freight car 
 lines and pipe lines. 
 
 Railroad shall include all bridges used or operated in connection with any 
 railroad, and also all the roads in use by any corporation operating a railroad, 
 whether owned or operated under a contract, agreement or lease; and shall also 
 include all switches, spurs, tracks and terminal facilities of every kind used or 
 necessary in the transportation of the persons or property designated herein, and 
 also all freight depots, yards and grounds used or necessary in the transportation 
 of the persons or property designated herein, and also all freight depots, yards 
 and grounds, used or necessary in the transportation or delivery of any of said 
 property. 
 
 Transportation shall include all cars, and all other vehicles and instrumen- 
 talities and facilities of a shipment or carriage, irrespective of ownership or of 
 any contract, express or implied, for the use thereof, and all service in connection 
 with the receipt, delivery, elevation and transfer in transit, ventilation, refrigera- 
 tion or icing, demurrage, storing or handling of property transported; and it 
 shall be the duty of every common carrier, subject to the provisions of this act, 
 to provide and furnish such transportation upon reasonable request therefor, 
 and to establish through routes and just and reasonable rates applicable thereto, 
 and to provide a sufficient number of cars, and a reasonable time schedule for 
 trains. 
 
 CONNECTICUT 
 
 Commission has jurisdiction over public service companies as 
 defined. 
 
 23 
 
DEFINITIONS. 
 
 PUB. ACTS 191 1, CH. 128, SEC. I. 
 
 Electric company shall include every corporation, company, association, 
 joint stock association, partnership, or person, or lessee thereof, owning, leasing, 
 maintaining, operating, managing, or controlling poles, wires, conduits, or other 
 fixtures, along public highways or streets, for the transmission or distribution of 
 electric current for sale for light, heat, or power within this state, or engaged in 
 generating electricity to be so transmitted or distributed for such purpose. 
 
 Gas company shall include every corporation, company, association, joint 
 stock association, partnership or person, or lessee thereof, owning, leasing, main- 
 taining, operating, managing, or controlling mains, pipes or other fixtures, in 
 public highways or streets, for the transmission or distribution of gas for sale for 
 light, heat, or power within this state, or engaged in the manufacture of gas to be 
 so transmitted or distributed for such purpose. 
 
 Plant shall include all real estate, buildings, tracks, pipes, mains, poles, 
 wires, and other fixed or stationary construction and equipment, wherever lo- 
 cated, used in the conduct of the business of the company. 
 
 Public service company shall include all common carriers, railroad, street 
 railway, electric, gas, telephone, telegraph, and water companies owning, leasing, 
 maintaining, operating, managing, or controlling plants, or parts of plants, or 
 equipment, and all express companies having special privileges on railroads or 
 street railways, within this state, but shall not include towns, cities, boroughs, or 
 any municipal corporation or department thereof, whether separately incorporated 
 or not. 
 
 Railroad company shall include every corporation, company, association, 
 joint stock association, partnership, or person, or lessee thereof, owning, main- 
 taining, operating, managing or controlling any railroad, or any cars or other 
 equipment employed thereon or in connection therewith, for public or general use 
 within this state. 
 
 Street railway company shall include every corporation, company, association, 
 joint stock association, partnership, or person, or lessee thereof, owning, main- 
 taining, operating, managing, or controlling any street railway, or any cars or 
 other equipment employed thereon or in connection therewith, for public or 
 general use within this state. 
 
 Water company shall include every corporation, company, association, 
 joint stock association, partnership, or person, or lessee thereof, owning, main- 
 taining, operating, managing, or controlling any pond, lake, reservoir, or distribu- 
 ting plant employed for the purpose of supplying water for general domestic use 
 in any town, city, or borough, or portion thereof, within this state. 
 
 DELAWARE 
 
 No commission up to 191 3. 
 
 FLORIDA 
 
 The provisions of this chapter ^ shall apply to the transportation 
 of passengers and property and to the receiving, delivery, stprage and 
 handling of property wholly within this state, and shall apply to all 
 railroad corporations, raikoad companies and common* carriers en- 
 
 > Includes all of sees. 2883-3633 of Gen. Stats. 1906, as|used|herein. 
 
 24 
 
gaged in this state in the transportation of passengers or property by 
 the railroads or common carriers therein, from any points within 
 this state to any point within this state. Gen. Stats. igo6, sec. 28go- 
 
 Commission has power under laws 191 1, ch. 6186, sec. i, to 
 regulate the charges and service within the state of all persons, firms 
 or corporations engaged in or carrying on a telephone business within 
 the state. 
 
 All the terms and provisions of this state as embraced in ch. 
 5,1 tit. 4, div. 4, of the general statutes and all acts supplemen- 
 tary thereto or amendatory thereof are hereby declared to be of 
 force with reference to all persons, firms or corporations carrying on 
 a telephone business within this state so far as said laws are applicable 
 to such persons, firms or corporations carrying on telephone business 
 within this state. Laws 1911, ch. 6186, sec. 2. 
 
 All persons, firms and corporations owning, controlling or operat- 
 ing or that may hereafter own, control or operate a line or lines of 
 telegraph whose line or lines is or are in whole or in part in this state, 
 shall be under the control of the railroad commission of this state. 
 Laws iQiiy ch. 6i8y, sec. i. 
 
 DEFINITIONS. 
 
 GEN. STATS. I906, CH. 5, TIT. 4, DIV. 4. 
 
 Common carriers shall be deemed to mean and include: (i) all companies 
 and any person or persons owning and operating railroads wholly or partly 
 within this state; (2) all companies and any person or persons owning and oper- 
 ating steamships engaged in the transportation of freight or passenger from and 
 to ports within this state; (3) all companies and any person or persons owning and 
 operating steamboats used in the transportation of freight or passengers upon the 
 rivers or inland waters of this state; (4) all companies and any person or persons 
 owning or operating railroads, passenger terminals or union depots for the pur- 
 pose of receiving, delivering or transferring passenger traffic to and from the place 
 or city in which said terminal or union depot may be situated, or to or from one or 
 more of the railroads operating its train service into said terminal or depot from 
 or to any other such railroad or railroads; whenever any steamship or steam- 
 boat company owns and operates any barge, canal boat, steam tug, ferry boat or 
 lighter, in connection with its ships or boats, the thing so owned and operated 
 shall be deemed a part of its main line. Sec. 28 pi. 
 
 Railroad shall include all bridges and ferries used or operated in connection 
 with any railroad operated wholly or in part in this state, all passenger terminal 
 companies or union depot companies whether operating train service or not, and 
 also all the road in use by any corporation, receiver, trustee, or any other person 
 operating a railroad, whether operated under any contract, agreement, lease or 
 otherwise, and the term railroad corporation or railroad company, as used in this 
 act, shall be deemed to mean all corporations, associations, partnerships, trustees, 
 agents, assignees and individuals, all express companies and sleeping car com- 
 panies included, now owning or operating, or which may hereafter own or operate 
 
 1 Includes all of sees. 2882-3633 of Gen. Stats. 1906, as used herein. 
 
 25 
 
any railroad in whole or in part in this state, or owning or operating any train or 
 car service on any railroad in this state. Whenever any railroad company owns 
 and operates in connection with its road, and for the purpose of transporting its 
 cars, freight or passengers, any steamer or other water craft, such steamer or 
 water craft shall be deemed a part of its said road. Sec. 2892. 
 
 GEORGIA 
 
 Commission has jurisdiction over all common carriers, railroads, 
 express corporations or companies, street railroads, railroad corpora- 
 tions or companies, dock wharfage corporations or companies, 
 terminal or terminal station corporations or companies, telephone 
 or telegraph corporations or companies, gas or electric light and 
 power companies. See Code igii, sec. 2663. 
 
 IDAHO 
 
 No commission up to 191 3. 
 
 ILLINOIS 
 
 The provisions of this act shall apply to all persons, firms and 
 companies and to all associations of persons, whether incorporated or 
 otherwise, that shall do business as common carriers upon any of the 
 lines of railways in this state (street railways excepted) the same as 
 to railroad corporations hereinbefore mentioned. Remsal, 1909, ch. 
 114, sec. 133. 
 
 By sec. 186, commission is given supervision over every owner, 
 lessee or manager of every public warehouse in the state. 
 
 Each and every person, firm, co-partnership, joint stock com- 
 pany, organization or corporation engaged either as owner or as 
 lessee, agent, trustee or receiver, in transporting by rail or water, 
 merchandise, property, parcels, packages, money and other com- 
 modities and things between points within the state of Illinois, and 
 commonly known as express companies or carriers by express, shall 
 be deemed and is hereby declared to be an express company or carrier 
 by express and also a common carrier, and as such shall, from and after 
 the passage of this act, as to the transportation of merchandise, 
 property, parcels, packages, money and other commodities and things 
 between points within the state of Illinois, be placed within the 
 jurisdiction and imder the supervision and control of the commission 
 as provided in this act; provided, that this act^ shall not apply to 
 railroad companies or steamboat companies engaged in transporting 
 freight. Revisal 1909, ch. 114, sec. 368. 
 
 > Einbra(;ing sees. 368-379 of 1909 Revisal. 
 
 26 
 
DEFINITIONS. 
 
 REVISAL 1909, CH. 114. 
 
 Common carrier includes all railroad corporations, express companies, 
 steamboat lines or other common carriers by water, private car line companies, 
 sleeping car companies, fast freight line companies, and shall also include every 
 other corporation, company, association, joint stock association, partnership and 
 person, their lessees, trustees or receivers appointed by any court whatsoever, 
 operating or managing any such agency for public use in the conveyance of per- 
 sons or property within this state; provided, teaming companies shall not be in- 
 cluded within the definition herein stated; and, provided, further, that street rail- 
 roads and hack lines and vehicles of a like character shall not be included within 
 the terms of this section. Sec. 187. 
 
 Railroad includes every railroad, other than a street railroad, by whatsoever 
 power operated for public use in the conveyance of persons or property for com- 
 pensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, 
 depots and power stations, and terminal facilities of every kind used or operated 
 by any such railroad; and also all passenger or freight depots, yards, docks and 
 grounds used by any railroad in the transportation of passengers or property. 
 Sec. 188. 
 
 Railroad corporation shall be deemed and taken to mean all corporations, 
 companies or individuals now owning or operating, or which may hereafter own 
 or operate any railroad, in whole or in part in this state. Sec. ijj. 
 
 Transportation shall include cars and other vehicles and all instrumental- 
 ities and facilities of shipment or carriage, irrespective of ownership or of any con- 
 tract, expressed or implied, for the use thereof, and all service in connection with 
 the receipt, delivery and transfer in transit, refrigeration or icing, storage and 
 handling of property transported. Sec. i8g. 
 
 INDIANA 
 
 The provisions of this act shall apply to all such corporations, 
 foreign or doniestic, and to the receivers and lessees thereof, as shall 
 be engaged in the business of a common carrier of freight in carload 
 lots or less for hire on railroads between points within this state. 
 The provisions of this act shall also apply to all carriers engaged in 
 the performance of transfer or switching service on and over any 
 terminal, transfer, belt or switching railroad in this state. The 
 provisions of this act shall not apply to any carrier or carriers within 
 this state whose income from freight business does not equal 33 H 
 per cent, of their gross revenue. Acts 190'/, ch. 241, sec. i. 
 
 This act shall apply to all corporations, individuals, associations 
 of individuals, their lessees, trustees, or receivers, appointed by any 
 court that now, or may hereafter own, operate, manage or control any 
 railroad, electric interurban, or suburban railroad, or part of any 
 such railroad as a common carrier in this state, or cars, car companies, 
 freight and freight line companies, private tracks and sidings, when 
 controlled or used by any such common carriers, or other equipment 
 used thereon, or bridges, terminals, or side tracks, or any docks, or 
 
 27 
 
wharves, or storage elevators used in connection therewith, whether 
 owned by such railroad, or otherwise. Ads igoy, ch. 241, sec. 18. 
 
 The provisions of this act shall also apply to all such corporations, 
 companies, individuals, associations of individuals, their lessees, 
 trustees or receivers, appointed by any court, as shall be engaged in 
 the express business or sleeping car business, and this act shall apply 
 also to all express companies and sleeping car companies. Same. 
 
 The provisions of this act shall not apply to any street railroad 
 company in so far as it may engage in the carriage of passengers in 
 its local town or city cars within the limits of any towns or cities of 
 this state or their suburbs. Same. 
 
 DEFINITIONS. 
 
 ACTS 1907, CH. 241, SEC. 18. 
 
 Carrier or carriers, railroad, railroad company, or railway, or railway com- 
 pany, whenever used in this act, shall for the purposes of this act and except as 
 otherwise herein provided be held to mean and refer to all such railroads, electric 
 interurbans, or suburban railroads, express companies and sleeping car companies 
 so subject to the provisions of this act. The provisions of this act shall not 
 apply to street railroads engaged solely in the carriage of passengers within the 
 limits of any cities or towns in this state. 
 
 IOWA 
 
 Any railway operated upon the streets of a city or town by 
 electric or other power than steam, which extends beyond the corpor- 
 ate limits of such city or town to another city, town or village, or any 
 railway operated by electric or other power than steam, extending 
 from one city, town or village to another city, town or village, shall 
 be known as an interurban railway, and shall be a work of internal 
 improvement. Code iSgy, sec. 20jja. 
 
 The words railway, ratlwa'y company, railway corporation, rail- 
 road, railroad company and railroad corporation, as used in the code 
 and acts of the general assembly, now in force or hereafter enacted, 
 are hereby declared to apply to and include all interurban railways, 
 and all companies or corporations constructing, owning or operating 
 such interurban street railways, and all provisions of the code and 
 acts of the general assembly, now in force or hereafter enacted, 
 affecting railways, railway companies, railway corporations, railroads, 
 railroad companies and railroad corporations, are hereby declared 
 to affect and apply in full force and effect to all interurban railways, 
 and to all interurban railway companies or railway corporations 
 constructing, owning or operating such interurban railways. Same^ 
 sec. 2ojjb. 
 
 Any interurban railway shall within the corporate limits of any 
 
 28 
 
city or town, or of any city acting under a special charter, upon such 
 streets as it shall use for transporting passengers, mail, baggage, and 
 such parcels, packages, and freight as it may carry in its passenger or 
 combination baggage cars only, be deemed a street railway, and be 
 subject to the laws governing street railways. Same, sec. 20jj{c). 
 
 Commission has jurisdiction over railroads operated by steam, 
 express companies, car companies, sleeping car companies, freight and 
 freight line companies, common carriers, engaged in the transporta- 
 tion of passengers or freight by railroad, street railroads excepted. 
 Code iSgy, sec. 2112. 
 
 The provisions of this chapter^ shall apply to the transportation 
 of passengers and property and to the receiving, delivering, storing 
 and handling of property, wholly within this state, and shall apply 
 to all railroad corporations, express companies, car companies, freight 
 or freight line companies and to any common carrier engaged in this 
 state in the transportation of passengers or property by railroad 
 therein. Such provisions shall also apply to all persons, firms and 
 corporations and to all associations of persons, whether incorporated 
 or otherwise, that shall do business as common carriers upon any of 
 the lines of railway in this state, street railways excepted, the same as 
 to railroad corporations herein mentioned. Code iSgy, sec. 2122. 
 
 All express companies operating and doing business in this state 
 are declared to be common carriers, and all laws so far as applicable, 
 now in force or hereafter enacted, regulating the transportation of 
 property by railroad companies, shall apply with equal force and 
 effect to express companies. Code iSgj, sec. 216^(0). 
 
 Any system of railway operating cars within the. state of Iowa 
 over or upon any track other than steel or iron shall be known as an 
 automobile railway, and shall be a work of internal improvement. 
 The words railway, railway company, railway corporation, rail- 
 road, railroad company, or railroad corporation, as used in the 
 code and acts of the general assembly now in force or hereafter 
 enacted, are hereby declared to apply to and include automobile 
 railways, and all companies or corporations owning or operating such 
 automobile railways, and all provisions of the code and acts of the 
 general assembly now in force or hereafter enacted, affecting railways, 
 railway companies, railway corporations, railroads, railroad companies 
 or railroad corporations, are hereby declared to affect and apply in 
 full force and effect to all automobile railways and to all automobile 
 railway companies owning or operating such automobile railways 
 Laws igoy, ch. g8, sec. i. 
 
 * Chapter vii, title x, "Of the regulation of carriers by railroad," embracing sections 2122- 
 3IS7 of Code 1897. 
 
 29 
 
DEFINITIONS. 
 
 CODE 1897, SEC. 2122. 
 
 Railroad and railway shall include all bridges and ferries used or operated in 
 connection with any railroad, and also all the road in use by any corporation, re. 
 ceiver, trustee or other person operating a railroad, whether owned or operated 
 under contract, agreement, lease or otherwise. 
 
 Railway corporation shall mean all corporations, companies or individual 
 owning or operating any railroad in whole or in part in this state. . . . 
 
 Transportation shall include all instrumentalities of shipment or carriage. . . . 
 
 KANSAS 
 
 Commission is given general supervision of all railroads, express 
 companies, sleeping car companies and all others doing business as 
 common carriers; provided, the section granting such authority 
 shall not be construed as applying to street railway or electric lines 
 operated wholly within one county. Gen. Stats, igog, sec. yi86. 
 
 The provisions of laws 1905, ch. 340/ shall be construed to be 
 applied to and affect only the transportation of passengers, freight, 
 express matter and cars between points within the state, by railroad 
 and express companies and all other common carriers, not including 
 street railway companies. Gen. Stats, igog, sec. 7179. 
 
 Commission has same power in relation to irrigation companies 
 that it has in relation to railroad companies. Same, sec. 4478. 
 
 Commission has jurisdiction over pipe lines for the conveyance 
 of crude oil which are declared to be common carriers. Same, sec. 
 3961, 3964. 
 
 Nothing in this act shall apply to any public utility in this state 
 owned and operated by any mtmicipality. Laws 1911, ch. 238, sec. 3. 
 
 The powef and authority to control and regulate all public 
 utilities and common carriers situated and operated wholly or prin- 
 cipally within any city, or principally operated for the benefit of such 
 city or its people shall be vested exclusively in such city, subject 
 only to the right to apply for relief to said public utilities commission, 
 as hereinafter provided in section 33 of this act. Same. 
 
 This act shall not refer to or include mutual telephone companies. 
 Same. 
 
 DEFINITIONS. 
 
 GEN. STATS. IQOQ, SEC. 7226.' 
 
 Person shall include persons, partnerships, joint-stock companies, or cor- 
 porations. 
 
 Railroad company shall include and be construed to mean any incorp>orated 
 
 1 Embracing sections 7169-7182 and section 7196 of Gen. Stats. 1909. 
 
 2 Being part of Laws 1901, ch. 286, which embraces sections 7183-7188, 7i97-7a?8, in- 
 cliisive. 
 
 30 
 
railroad company, or any express or transportation company, or other common 
 carrier, or sleeping-car company, or private-car company, or any railroad-bridge 
 company, or any person or persons, lessee, assignees, trustee, receiver, partner- 
 ship, joint-stock company or corporation engaged wholly, partially, jointly or 
 severally in laying out, constructing, owning, operating, using or maintaining 
 any railroad operated by steam or electricity, or other motive power, or any 
 portion or part of such railroad line. 
 
 LAWS 191 1, CH. 238 (Public Utilities Commission Law). 
 
 Common carriers shall include all railroad companies, express companies, 
 street railroads, suburban or inter-urban railroads, sleeping-car companies, freight- 
 line companies, equipment companies, pipe-line companies, and all persons and 
 associations of persons, whether incorporated or not, operating such agencies for 
 public use in the conveyance of persons or property within this state. Sec. 4. 
 
 Mutual telephone companies shall be understood to mean any co-operative 
 telephone company operating only for the mutual benefit of its subscribers without 
 profit other than in the service received. Sec. j. 
 
 Public utility shall be construed to mean every corporation, company, in- 
 dividual, association of persons, their trustees, lessees or receivers, that now or 
 hereafter may own, control, operate or manage, except for private use, any equip- 
 ment, plant, generating machinery, or any part thereof, for the transmission of 
 telephone messages or for the transmission of telegraph messages in or through 
 any part of the state, or the conveyance of oil and gas through pipe lines in or 
 through any part of the state, except pipe lines less than 15 miles in length and 
 not operated in connection with or for the general commercial supply of gas or oil, 
 or for the operation of any trolley lines, street, electrical or motor railway doing 
 business in any county in the state; also all dining car companies doing business 
 within the state, and all companies for the production, transmission, delivery or 
 furnishing of heat, light, water or power. Same. 
 
 KENTUCKY 
 
 Commission has jurisdiction over all railroads. There appears 
 to be no jurisdiction over street railways. 
 
 LOUISIANA 
 
 Commission is described as "a railroad, express, telephone, tele- 
 graph, steamboat and other water craft, and sleeping car commission." 
 Const., art. 283. 
 
 All pipe lines through which gases, oils or other liquids are con- 
 veyed from one point in the state to another for a consideration, are 
 common carriers and are imder the control of and subject to regula- 
 tion by the commission. Stats. 1Q06, no. j6, sec. i. 
 
 MAINE 
 
 Commission has jurisdiction over railroad and street railroad 
 corporations within the state. 
 
 31 
 
MARYLAND 
 
 The jurisdiction, supervision, powers and duties of the com- 
 mission herein created and estabHshed shall extend under this act: 
 
 To railroads and street railroads lying within the state, and to the person or 
 corporation owning, leasing, operating or controlling the same. 
 
 To street railroads, any portion of whose lines lie within any incorporated 
 city or town within this state, containing not less than 2,000 inhabitants, and to 
 all transportation of persons or property thereon, and to the person or corpora- 
 tion owning, operating, controlling or leasing the said street railroads. 
 
 To such portion of the lines of any other railroad as lie within this state, 
 and to the person or corporation owning, leasing, operating or controlling the 
 same, so far as concerns the construction, maintenance, equipment, terminal 
 facilities and local transportation facilities and local transportation of persons or 
 property within the state. 
 
 To any common carrier operating or doing business within the state. 
 
 To the manufacture, sale or distribution of gas, natural or artificial, and 
 electricity for light, heat and power, within the state of Maryland, and to the 
 persons or corporation owning, leasing, operating or controlling the same; and to 
 gas and electric plants, and to persons or corporations owning, operating, leasing 
 or controlling the same. 
 
 To all telephone lines, as above defined, and all telegraph lines as above de- 
 fined, and to every telephone company, and to every telegraph company, so far as 
 said telephone and telegraph lines are and lie, and so far as said telephone com- 
 panies and said telegraph companies conduct and operate such line or lines, re- 
 spectively, within this state. 
 
 To all water companies and to the land, property, dams, water supplies, 
 canals or power stations thereof and the operation of the same within this state. 
 
 To all persons, corporations or partnerships engaged in the ''transportation 
 of property or freight,'' as above defined, within this state. 
 
 To all corporations and persons whatsoever subject to the provisions of this 
 act as herein defined. 
 
 And to such other and further extent, and to all such other and additional 
 matters and things, and in such further respects as may herein appear, either 
 expressly or impliedly. Laws iQio, ch. 180, sec. 3. 
 
 This act shall apply to the manufacture and ftimishing of gas 
 for light, heat or power, and the furnishing of natural gas for light, 
 heat or power, and the generation, furnishing and transmission of 
 electricity for light, heat or power. Laws igio, ch. 180, sec. 31. 
 
 This act shall apply to telegraph companies, telephone companies, 
 telephone lines and telegraph lines within this state, and to persons 
 and corporations engaged in the transmission of intelligence within 
 this state by telephone or telegraph. Same, sec. 39. 
 
 All provisions of this act in reference to steam railroads, street 
 railroads, gas and electric light corporations and common carriers, 
 
 3a 
 
in reference to hearings, siimmoning witnesses, taking of testimony, 
 reports, approval of incorporation and certificates of franchises, the 
 approval of issues of stock, bonds and other forms of indebtedness, 
 consolidation, lease, transfer of franchises, valuation of property, 
 plants and franchises, keeping of accoimts, complaints as to quality, 
 price, facilities furnished, the fixing of just and reasonable prices and 
 adequacy of service, forfeitures of all descriptions, forfeitures for non- 
 compliance with the orders, simimary proceedings under this act, 
 excessive charges for product, service or facilities, proceedings before 
 said commission and proceedings in any court mentioned in this act, 
 and any and all other sections, paragraphs, provisions and parts of 
 this act in reference to any other corporations subject to any of its 
 provisions, so far as the same shall be practically, legally or necessarily 
 applicable to telephone or telegraph companies or corporations 
 controlling telephone or telegraph lines in this state are hereby made 
 applicable to such telephone and telegraph companies and to corpor- 
 ations controlling telephone and telegraph lines, and shall have full 
 application thereto. Same, sec. 41. 
 
 All provisions in this act in reference to steam railroads, street 
 railroads, gas corporations, electric corporations, common carriers 
 and telephone and telegraph companies, with respect to the jurisdic- 
 tion, powers and duties of said commission over and in relation to the 
 said corporations and companies, and with respect to hearings, sum- 
 moning witnesses, taking of testimony, reports, approval of incorpor- 
 ation and certificates of franchises, of issue of stocks, bonds and other 
 forms of indebtedness, consolidation, lease and transfer of franchises, 
 valuation of property, plant and franchise, keeping of accounts, com- 
 plaints as to quality, price and facilities furnished, the fixing of just 
 and reasonable prices, services and facilities, forfeitures and penalties 
 of all descriptions, summary proceedings, proceedings before said 
 commission and proceedings in any court mentioned in this act, and 
 any and all other sections, paragraphs, provisions and parts of this 
 act in reference to any corporations subject to its provisions, so far 
 as the same or any of the same may be practically, legally or neces- 
 sarily applicable to water companies, and heat or refrigerating cor- 
 porations, and to power companies or corporations, and to their 
 respective service and charges and to their property, plant, franchises 
 and management, are hereby made applicable to such corporations 
 and companies, their service, charges, property, plant, franchises and 
 management, and shall have full application thereto. Same, sec. 42. 
 
 33 
 
DEFINITIONS. 
 
 LAWS I9IO, CH. 180, SEC. I. 
 
 Common carrier, includes all railroad corporations, street railroad corpora- 
 tions, express companies, car companies, sleeping car companies, freight com- 
 panies, freight line companies, steamboat, powerboat and vessel-boat and ferry 
 companies, canal companies, and all persons and associations of persons, whether 
 incorporated or not, operating such agencies for public use in the conveyance of 
 persons or property within this state, by land or by water, or by both. 
 
 Corporation includes a corporation, company, association and joint stock 
 company or association. 
 
 Electrical corporation includes every corporation, company, association, 
 joint stock company or association, partnership and person, their lessees, trustees 
 or receivers, appointed by any court whatsoever, (other than a railroad or a street 
 railroad corporation generating electricity for its own use solely and exclusively), 
 owning, operating, managing or controlling any plant or property including any 
 water plant, or water property, or water falls, or dam, or water power station, for 
 generating and distributing or generating and selling for distribution, or selling 
 or distributing electricity for light, heat or power, or for the transmission of 
 electric current for such purposes, or for any public use whatsoever. 
 
 Electric plant includes (i) engines, boilers, dynamos, generators, storage bat- 
 teries, converters, motors, transformers, cables, wires, services, poles, lamps, 
 meters, real estate, easements, materials, apparatus, devices and property of every 
 kind operated, controlled, owned, used, or to be used, for or in connection with, 
 or to facilitate the generation, transmission, distribution, sale or furnishing of 
 electricity for light, heat or power; and (2) any conduits, ducts or other devices, 
 materials, apparatus or property for containing, holding or carrying electrical 
 conductors used or to be used, wholly or in part, for the transmission of electricity 
 for light, heat or power. 
 
 Gas corporation includes every corporation, company, association, joint 
 stock company or association, partnership and person, their lessees, trustees or 
 receivers appointed by any court whatsoever, owning, operating, managing or 
 controlling any plant or property for manufacturing and distributing and selling 
 for distribution or selling or distributing illuminating gas (natural or artificial or 
 manufactured, and wheresoever and howsoever derived or obtained) for light, 
 heat, fuel or power, or for any public use whatsoever. 
 
 Gas plant includes boilers, water gas sets, retorts, condensers, scrubbers, 
 purifiers, holders, mains, pipes, services, pipe galleries, meters, buildings, real 
 estate, easements, lamps, materials, apparatus, devices and property of every 
 kind operated, controlled, owned, used or to be used for or in connection with or 
 to facilitate the manufacture, distribution, sale or furnishing of gas (natural or 
 manufactured) for light, heat or power. 
 
 Heat or refrigerating corporation includes every corporation, company, 
 association, partnership and person, their lessees, trustees, or receivers appointed 
 by any court whatsoever, owning, operating, managing or controlling any plant 
 or property for manufacturing and distributing and selling for distribution, or 
 distributing hot or cold water, steam or currents of hot or cold air for motive 
 power, heating, cooking, refrigeration, or for any public use or service in any 
 city, town or village in this state. 
 
 Person includes an individual and a firm or copartnership. 
 
 Railroad includes every railroad, other than a street railroad, by whatsoever 
 
 34 
 
power operated for public use in the conveyance of persons or property for com- 
 pensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations and 
 terminal facilities of every kind, used, operated, controlled or owned by or in 
 connection with any such railroad. 
 
 Railroad corporation includes every corporation, company, association, 
 joint stock company or association, partnership and person, their lessees, trustees 
 or receivers, appointed by any court whatsoever, owning, operating, managing or 
 controlling any railroad or any cars or other equipment used thereon, or in con- 
 nection therewith. 
 
 Street railroad includes every railroad by whatsoever power operated, or any 
 extension or extensions, branch or branches thereof, for public use in the convey- 
 ance of persons or property for compensation, being mainly upon, along, above or 
 below any street, avenue, road, highway, bridge or public place within the cor- 
 porate limits of the city of Baltimore or any other city or town containing a pop- 
 ulation of not less than 2,000 persons, within the state of Maryland, and in- 
 cluding all switches, spurs, tracks, right of trackage, subways, timnels, stations, 
 terminals and terminal facilities of every kind, used, operated, controlled or 
 owned by or in connection with any such street railroad; but the said term street 
 railroad, when used in this act, shall not include a railroad constituting or used as 
 part of a trunk line railroad system. 
 
 Street railroad corporation includes every corporation, company, association, 
 joint stock company or association, partnership and person, their lessees, trustees 
 or receivers, appointed by any court whatsoever, holding, operating, managing or 
 controlling any street railroad or any cars or other equipment used thereon or in 
 connection therewith. 
 
 Telegraph Company includes every corporation, company, association, joint 
 stock company or association, partnership and persons, their lessees, trustees or 
 receivers appointed by any court whatsoever, owning, operating, managing or 
 controlling, any plant, wires, poles or property for the purposes of commimication 
 or of transmitting or receiving messages by telegraph, or by any telegraphic ap- 
 paratus or instrument, or which licenses, lets or permits telegraphic communica- 
 tion for hire. 
 
 Telegraph lines includes the system, or any part of the system of poles, wires 
 crossbars, instruments, machines, appliances, real estate, easements, appurte- 
 nances, apparatus and property used, operated, controlled or owned by or in 
 connection with the business of any telegraph company. 
 
 Telephone company includes every corporation, company, association, joint 
 stock company or association, partnership and person, their lessees, trustees 
 or receivers appointed by any court whatsoever, owning, operating, managing or 
 controlling any plant, wires, poles or property, for the reception, transmission or 
 communication of messages by telephone or telephonic apparatus or instruments, 
 or which Ucenses, lets or permits telephonic communication for hire. 
 
 Telephone lines includes the system, or any part of the system of poles, wires, 
 crossbars, receivers, transmitters, instruments, machines, appliances, real estate, 
 easements, apparatus, appurtenances and property used, operated, controlled or 
 owned by or in connection with the business of any telephone company. 
 
 Transportation of property or freight includes any service in connection with 
 the receiving, delivering, elevation, transfer, in transit, ventilation, refrigeration, 
 icing, storage and handling of the property or freight transported. 
 
 Water company includes every corporation, company, association, joint 
 stock company or association, partnership and person, their lessees, trustees or re- 
 
 35 
 
ceivers appointed by any court whatsoever, owning, operating, managing or con- 
 trolling any plant or property, dam or water supply, canal, or power station, dis- 
 tributing or selling for distribution, or selling or supplying for gain any water. 
 
 MASSACHUSETTS 
 
 Gas and electric light commission has jurisdiction over gas and 
 electric Hght companies. 
 
 Railroad commission has jurisdiction over raikoads, electric 
 railways and street railways. 
 
 Highways commission has jurisdiction over telephone and tele- 
 graph companies. 
 
 State board of health has jurisdiction over any company en- 
 gaged in the business of supplying water to cities or towns or the in- 
 habitants thereof. 
 
 The provisions of chapter 58, Revised Laws 1902, shall apply to 
 all persons, corporations and municipalities which manufacture or 
 distribute gas for sale and the terms gas company and gas light com- 
 pany shall be construed as including all persons, companies and 
 municipalities owning or operating works for the manufacture and 
 sale of gas for heating or illiuninating piuposes. Sec. ip, as amended 
 by Acts igoQ, ch. 48 j, sec. 4. 
 
 DEFINITIONS. 
 
 ACTS 1906, CH. 433, SEC. 12. 
 
 Company shall include every person, partnership, association and corporation 
 engaged in the business of the transmission of intelligence by electricity. 
 
 ACTS 1906, CH. 463, PT. II, SEC. I. 
 
 Railroad means a railroad or railway of the class usually operated by steam 
 power. 
 
 Railroad and railways means all railroads and railways except tramways in 
 mines and marine railways. 
 
 Railroad corporation means the corporation which lays out, constructs, 
 maintains or operates a railroad of the class usually operated by steam power. 
 
 ACTS 1906, CH. 463, PT. Ill, SEC. I. 
 
 Extension means any railway constructed by a street railway company in a 
 city or town in addition to that authorized by its original location therein. 
 
 Location as applied to a street railway, means the grant to a street railway 
 company of the right to construct, maintain and operate a street railway in a public 
 way or place. 
 
 Original as applied to a street railway location in a city or town, means the 
 first location granted to the company in such city or town. 
 
 Street railway or railway means a railroad or railway, including poles, wires 
 or other appliances and equipment connected therewith, of the class operated by 
 motive power other than steam, and usually constructed upon the public ways 
 and places. 
 
 36 
 
MICHIGAN 
 
 Commission has jurisdiction over the business of transmitting 
 and supplying electricity when electricity is generated or developed 
 by steam, water or other power within one county of the state and 
 transmitted and delivered to the consimier in the same or some other 
 county. Puh. Acts igog, no. io6, sees, i and 2. 
 
 This act shall not apply to the transmission or use of electricity 
 for the purpose of conveying intelligence by telegraph, telephone or 
 other methods now or hereafter adopted therefor. Same, sec. 9. 
 
 Commission has jurisdiction over common carriers, including 
 express and sleeping car companies. Puh. Acts 1909, no. joo, sec. 5. 
 
 Nothing in this act contained shall apply to street and electric 
 railroads engaged solely in the transportation of passengers within 
 the limits of cities or within a distance of five miles of the boimdaries 
 thereof. Same. 
 
 Nothing in this act contained shall be construed to authorize 
 the commission to interfere with, lessen or impair, or to authorize the 
 impairment of any franchise provision, contract or agreement as to 
 rate of fares now existing between any municipality, city, village or 
 township and any tram railway, street railway, interurban or suburban 
 railway company, or to increase or lessen the rate of fare fixed by such 
 franchise, contract or agreement, or to deprive any tram railway, 
 street railway, interurban or suburban railway company of the right 
 to charge for the carriage of passengers the rate of fare authorized 
 and fixed by any franchise, grant or contract made or entered into 
 between any municipality, city, village or township and any such 
 tram railway, street railway, interurban or suburban railway com- 
 pany. Pub. Acts 1909, no. joo, sec. 3(c), as amended by Pub. Acts 
 1911, no. lyj. 
 
 The provisions of this act shall apply to the transportation of 
 passengers and property between points within this state, and to the 
 receiving, switching, delivering, storing and handling of such property, 
 and to all charges connected therewith, including icing and mileage 
 charges. Same, sec. i. 
 
 Commission has jurisdiction over telephone companies. Pub. 
 Acts. 1911, no. ij8, sec. 2. 
 
 DEFINITIONS. 
 
 PUB. ACTS 1909, no. 300, SEC. 3. 
 
 Common carrier shall be construed to mean and embrace all corporations, 
 companies, individuals, associations of individuals, their lessees, trustees or re- 
 ceivers appointed by any court whatsoever, who now or may hereafter own, 
 
 37 
 
6perate, manage or control as a common carrier in this state, any railroad or part 
 of any railroad, whether operated by steam, electricity or other motive power, or 
 cars or any other equipment used thereon, or bridges, switches, spurs, tracks, 
 side tracks, terminal facilities, or any docks, wharves or storage elevators used in 
 connection therewith or any kind of terminal facilities used or necessary in the 
 transportation of persons or property designated herein, and also all freight 
 depots, yards and grounds used or necessary for the transportation or delivery of 
 any said property and whether the same are owned by said railroad or otherwise; 
 or any express company, car loaning companies, freight or freight line companies 
 and all associations or persons, whether incorporated or otherwise, that shall do 
 business as common carriers upon or over any line of railroads in this state, or any 
 common carrier engaged in the transportation of passengers and property wholly 
 by rail or partly by rail and partly by water. 
 
 Express companies and sleeping car companies doing business for hire within 
 this state are hereby defined to be common carriers. 
 
 Railroad shall be construed to mean all railroads, whether operated by 
 steam, electric or other motive power. 
 
 Transportation shall include cars and other vehicles and all instrumentalities 
 and facilities of shipment, or carriage, irrespective of ownership, or of any con- 
 tract expressed or implied for the use thereof, and all services in connection with 
 the receipt, delivery, elevation, switching and transfer in transit, ventilation, re- 
 frigeration or icing, storage and handling of persons or property transported. 
 
 PUB. ACTS 191 1, NO. 138, SEC. I. 
 
 All persons, corporations and associations operating telephone lines or ex- 
 changes doing a telephone business within the state of Michigan, are hereby de- 
 clared to be common carriers; and all laws so far as applicable now in force or that 
 may be hereafter enacted, regulating the transportation of persons or property by 
 railroad companies within the state, shall apply with equal force and effect to 
 telephone companies. 
 
 MINNESOTA 
 
 Commission has jurisdiction over railroads and express com- 
 panies doing business as common carriers and over public warehouses. 
 Rev. Laws igoj, ch. 28, sec. 1953. 
 
 All provisions of this chapter regarding the construction, main- 
 tenance and operation of railroads and the duties and liabilities oi 
 railroad companies shall apply to any firm or person operating a rail- 
 road, whether as owner, lessee, trustee, receiver or otherwise, and 
 the terms company wherever used in this chapter shall be construed 
 to include any such firm or person when such construction is not 
 inconsistent with the context. Same, sec. 204 j. 
 
 DEFINITIONS. 
 
 REV. LAWS 1905, CH. 28. 
 
 Carrier shall include all common carriers engaged in the transportation of 
 persons or property between places within this state by railroad, or partly by 
 railroad and partly by water, when both are used under a common control^ 
 ownership, management, or arrangement for such carriage without regard to the 
 
 38 
 
motive power, whether such carrier owiis or operates the Une or lines over which 
 such passengers or freight are transported, or carries the same over the lines or 
 in the cars of any other company as an express or transportation company, but 
 shall not include street railways so far as relates to the carriage of persons or 
 property wholly within the limits of any municipality or municipalities. Sec. 
 1990. 
 
 Railroad shall include all bridges or ferries used or operated in connection 
 with any railroad, and also all the road in use by any corporation operating a 
 railroad, whether owned, or operated under a lease or other contract. Sec. 1991. 
 
 Transportation shall include all instrumentalities of shipment or carriage. 
 Same. 
 
 MISSISSIPPI 
 
 Railroads, express, telegraph, telephone and sleeping car com- 
 panies are common carriers. Const., art. mi, sees. 184, igj. 
 
 Commission has jtirisdiction over railroads, express, telegraph, 
 telephone and sleeping car companies, car service associations and 
 other associations governing or controlling cars or rolling stock of 
 railroads in the same manner as railroads. Code igo6, sec. 4843. 
 
 All laws and parts of laws giving authority to the commission 
 to supervise common carriers shall also apply to car service associa- 
 tions or other associations governing or controlling cars or rolling 
 stock of railroads at whatever places they do business in the state. 
 Laws ipo8, ch. 8'j, sec. 2. 
 
 MISSOURI 
 
 Commission has jurisdiction over railroads, express companies 
 and warehouses. 
 
 MONTANA 
 
 All railroads, transportation and express companies shall be 
 common carriers. Const., art. .vo, sec. 5. 
 
 The provisions of this act shall apply to the transportation of 
 passengers and property between points within this state, and to the 
 receiving, switching, delivering, storing and handling of such prop- 
 erty, and to all charges connected therewith and shall apply to rail- 
 road companies, express companies, car companies, sleeping car 
 companies, freight and freight line companies, and to any shipments 
 of property made from any point within this state to any other point 
 within this state, whether the transportation of the same shall be 
 wholly within this state or partly within this state and partly within 
 an adjoining state or states. Rev. Codes igoy, sec. 4373. 
 
 The provisions of this act shall apply to all persons, firms or 
 
 39 
 
companies, incorporated or otherwise, that shall do business as 
 common carriers upon any of the lines of railroad in this state. Same. 
 
 DEFINITIONS. 
 
 REV. CODES 1907 (railroad COMMISSION ACT, EMBRACING SECS. 4363 TO 4398). 
 
 Railroad shall be taken to mean any corporation, company or individual 
 owning or operating any railroad, in whole or in part, in this state. It shall also 
 include express companies and sleeping car companies. Sec. 4373. 
 
 Railroad shall be held to mean and include railroad companies, express com- 
 panies, car companies, sleeping car companies, freight and freight line companies, 
 and all common carriers. Sec. 4374. 
 
 Transportation shall include all instntmentalities of shipment or carriage. 
 Sec. 4373. 
 
 NEBRASKA 
 
 Commission has jurisdiction over railroads, express companies, 
 car companies, sleeping car companies, freight and freight line com- 
 panies and any other common carriers engaged in the transportation 
 of freight or passengers within the state. Stats. 1907, sec. io6jo{b). 
 
 DEFINITIONS. 
 
 STATS. 1907, SEC. 10652. 
 
 Common carriers include railroads, interurban or street railway lines operated 
 either by steam or electricity or any other motive power, or any express company, 
 car company, sleeping car company, freight and freight line company, telegraph 
 and telephone company, and any other carrier engaged in the transmission of 
 messages or transportation of passengers or freight for hire. Same, sec. 10652. 
 
 NEVADA 
 
 Commission has jurisdiction over railroads, express, telegraph 
 and telephone companies, companies owning cars of any kind or 
 character, used and operated as a part of railroad trains and public 
 utilities. 
 
 The provisions of this act shall apply to the transportation of 
 passengers and property and the transmission of messages between 
 points within the state, and to the receiving, switching, delivering, 
 storing and hauling of such property, and receiving and delivering 
 messages, and to all charges connected therewith, including icing 
 charges and mileage charges, and shall apply to all railroads, corpo- 
 rations, express companies, car companies, freight and freight line 
 companies, and to all associations of persons, whether incorporated 
 or otherwise, that shall do business as common carriers, upon or over 
 any line of railroad within this state, and to any common carrier 
 engaged in the transportation of passengers and property, wholly 
 by rail, or partly by rail and partly by water. Stats. 1907, ch. 44, 
 sec. 2 (a), as amended by Stats. 1909, ch. 121, sec. 2. 
 
 40 
 
DEFINITIONS. 
 
 STATS. 1907, CH. 44, SEC. 2, AS AMENDED BY STATS. I9O9, CH. 121, SEC. 2. 
 
 Railroad shall mean and embrace all corporations, companies, individuals, 
 associations of individuals, their lessees, trustees or receivers (appointed by any 
 court whatsoever) that now, or may hereafter, own, operate, manage, or control 
 any railroad or part of a railroad as a common carrier in this state, or cars, or 
 other equipment used thereon, or bridges, terminals, or sidetracks, or any docks 
 or wharves or storage elevators used in connection therewith, whether owned by 
 such railroads or otherwise. 
 
 Railroad whenever used herein, shall mean and embrace express com- 
 panies, telegraph and telephone companies, and all companies which may own 
 cars of any kind or character, used and operated as a part of railroad trains, in or 
 through this state, and all duties required of and penalties imposed upon any rail- 
 road or any officer or agent thereof shall, in so far as the same are applicable, be 
 required of and imposed upon express companies, telegraph and telephone com- 
 panies, and companies which may own cars of any kind or character, used and 
 operated as a part of railroad trains in or through this state, and their officers 
 and agents, and the commission shall have the power of supervision and control 
 of all such companies to the same extent as of railroads. 
 
 STATS. 191 1, CH. 162, SEC. 3. 
 
 Public utility shall embrace every corporation, company, individual, asso- 
 ciation of individuals, their lessees, trustees, or receivers appointed by any court 
 whatsoever, that now or hereafter may own, operate or control any plant or equip- 
 ment, or any part of a plant or equipment within the state for the production, 
 delivery or furnishing for or to other persons, firms, associations, or corporations, 
 private or municipal, heat, light, power in any form or by any agency, water for 
 business, manufacturing, agricultural or household use, or sewerage service 
 whether within the limits of municipalities, towns or villages, or elsewhere; and 
 the commission is hereby invested with full power of supervision, regulation and 
 control of all such utilities subject to the provisions of this act and to the exclu- 
 sion of the jurisdiction, regulation and control of such utilities by any munici- 
 pality, town or village. 
 
 NEW HAMPSHIRE 
 
 Commission has jurisdiction over railroads and public utilities. 
 DEFINITIONS. 
 
 LAWS, 1909, CH. 126, SEC. I. 
 
 Carrier shall be construed to mean all common carriers of passengers in- 
 cluding railroads. 
 
 LAWS 191 1, CH. 164, SEC. I. 
 
 Public utility shall include every corporation, company, association^ joint 
 stock association, partnership and person, their lessees, trustees or receivers 
 appointed by any court whatsoever, except municipal corporations, owning, oper- 
 ating or managing any plant or equipment Or any part" of the same for the con- 
 veyance of telephone or telegraph messages or for the manufacture or furnishing 
 of light, heat, power or water for the public, or owning or operating any ferry or 
 toll bridge. 
 
 41 
 
Railroad shall include every railroad and street railway by whatever power 
 operated which is open to public use in the conveyance of persons or property, for 
 a compensatioa, also all bridges, grade crossings, under passes, switches, spurs, 
 tracks, equipment, stations and terminals and other facilities and property of 
 every kind whatever, used, operated or owned by or in connection with any such 
 railroad or railway. 
 
 Railroad corporation shall include ev^ry corporation, company, association, 
 joint stock association, partnership and person, their lessees, trustees or receivers, 
 appointed by any court whatsoever, owning, operating or managing any railroad 
 or street railway or any cars or equipment used thereon or in connection there- 
 with, or engaged in carrying on a public express business over the line of any 
 railroad. 
 
 NEW JERSEY 
 
 Commission has jurisdiction over all public utilities and over 
 their property, property rights, equipment, facilities and franchises, 
 so far as may be necessary for the purpose of carrying out the pro- 
 visions of this act. Laws igii, ch. igj, sec. 75. 
 
 LAWS 191 1, CH. 195, SEC. 15. 
 
 Public utility is hereby defined to include every individual, co-partnership, 
 association, corporation or joint stock company, their lessees, trustees or receivers 
 appointed by any court whatsoever, that now or hereafter may own, operate, 
 manage or control within the state of New Jersey any steam railroad, street rail- 
 way, traction railway, canal, express, subway, pipe line, gas, electric light, heat, 
 power, water, oil, sewer, telephone, telegraph system, plant or equipment for 
 public use, under privileges granted or hereafter to be granted by the state of 
 New Jersey or by any political subdivision thereof. 
 
 NEW MEXICO 
 
 Commission has jurisdiction over railway, express, telegraph, 
 telephone, sleeping car and other transportation and transmission 
 companies, and common carriers within the state. Const., art. XI, 
 sec. 7. 
 
 NEW YORK 
 
 Commission has jurisdiction over transportation of passengers or 
 property from one point to another within the state and over any 
 common carrier performing such service, including any person or 
 corporation who or which owns or operates any stage route in any 
 city of 1,000,000 inhabitants; over the manufacture and furnishing 
 of gas for light, heat or power and the furnishing of natural gas for 
 light, heat or power; over the generation, furnishing and transmission 
 
 42 
 
of electricity for light, heat and power; over communication by tele- 
 graph or telephone between one point and another within the state; 
 and over every telegraph and telephone corporation. Laws igog, ch. 
 2ig, sec. 24; Laws igio, ch. 480, sees. 25, 64, go. 
 
 Corporations formed to acquire property or to transact business 
 which would be subject to the provisions of this chapter, and corpora- 
 tions possessing franchises for any of the purposes contemplated by 
 this chapter, shall be deemed to be subject to the provisions of this 
 chapter although no property may have been acquired, business trans- 
 acted or franchises exercised. Laws igio, ch. 480, sec. 5(7). 
 
 DEFINITIONS. 
 
 LAWS 19 10, CH. 480, SEC. 2. 
 
 Common carrier includes all railroad corporations, street railroad corpora- 
 tions, express companies, car companies, sleeping-car companies, freight com- 
 panies, freight-line companies, and every corporation, company, association, 
 joint stock association, partnership and person, their lessees, trustees or receivers 
 appointed by any court whatsoever, owning, operating or managing any such 
 agency for public use in the conveyance of persons or property within this state; 
 but the said term common carrier when used in this chapter shall not include an 
 express company unless the same is operated whoUy or in part upon, or in con- 
 nection with, a railroad or street railroad. 
 
 Corporation includes a corporation, company, association and joint-stock 
 association. • 
 
 Electrical Corporation includes every corporation, company, association, joint- 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever (other than a railroad or street railroad corpora- 
 tion generating electricity solely for railroad or street railroad purposes or for 
 the use of its tenants and not for sale to others) owning, operating or managing 
 any electric plant, except where electricity is generated or distributed by the pro- 
 ducer solely on or through private property for railroad or street railroad purposes 
 or for its own use or the use of its tenants and not for sale to others. 
 
 Electric plant includes all real estate, fixtures and personal property operated, 
 owned, used or to be used for or in connection with or to facilitate the generation, 
 transmission, distribution, sale or furnishing of electricity for light, heat or power; 
 and any conduits, ducts or other devices, materials, apparatus or property for 
 containing, holding or carrying conductors used or to be used for the transmission 
 of electricity for light, heat or power. 
 
 Gas corporation includes every corporation, company, association, joint- 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever, owning, operating or managing any gas plant 
 except where gas is made or produced and distributed by the maker on or through 
 private property solely for its own use or the use of its tenants and not for sale to 
 others. 
 
 Gas plant includes all real estate, fixtures and personal property operated, 
 owned, used or to be used for or in connection with or to facilitate the manufac- 
 ture, distribution, sale or furnishing of gas (natural or manufactured) for light, 
 beat or power. 
 
 43 
 
Municipality includes a city, village, town or lighting district, organized as 
 provided by a general or special act. 
 
 Person includes an individual, and a firm or copartnership. 
 
 Railroad includes every railroad, other than a street railroad, by whatsoever 
 power operated for public use in the conveyance of persons or property for com- 
 pensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, 
 stations and terminal facilities of every kind used, operated or owned by or in 
 connection with any such railroad. 
 
 Railroad corporation includes every corporation, company, association, joint- 
 stock association, partnership and person, their lessees, trustees or receivers 
 appointed by any court whatsoever, owning, operating or managing any rail- 
 road or any cars or other equipment used thereon or in connection therewith. 
 
 Street railroad includes every railroad by whatsoever power operated, or any 
 extension or extensions, branch or branches thereof, for public use in the convey- 
 ance of persons or property for compensation, being mainly upon, along, or below 
 any street, avenue, road, highway, bridge or public place in any city, village or 
 town, and including all equipment, switches, spurs, tracks, right of trackage, 
 subways, tunnels, stations, terminals and terminal facilities of every kind used, 
 operated or owned by or in connection with any such street railroad; but the said 
 term street railroad, when used in this chapter, shall not include a railroad con- 
 stituting or used as part of a trunk line railroad system. 
 
 Street railroad corporation includes every corporation, company, association, 
 joint-stock association, partnership and person, their lessees, trustees or receivers 
 appointed by any court whatsoever owning, operating or managing any street 
 railroad or any cars or other equipment used thereon or in connection therewith. 
 
 Telegraph corporation includes every corporation, company, association, 
 joint-stock association, partnership and person, their lessees, trustees or receivers, 
 appointed by any court whatsoever, owning, operating or managing any tele- 
 graph line or part of telegraph line used in the conduct of the business of affording 
 for hire communication by telegraph. 
 
 Telegraph line includes conduits, ducts, poles, wires, cables, cross-arms, in- 
 stnunents, machines, appliances and all devices, real estate, easements, apparatus, 
 property and routes used, operated or owned by any telegraph corporation to 
 facilitate the business of affording communication by telegraph. 
 
 Telephone corporation includes every corporation, company, association, 
 joint-stock association, partnership and person, their lessees, trustees or receivers 
 appointed by any court whatsoever, owning, operating or managing any tele- 
 phone line or part of telephone line used in the conduct of the business of affording 
 telephonic communication for hire; excepting, however, any corporation, company 
 association, joint-stock association, partnership or person, their lessees, trustees 
 or receivers, having property actually used in the public service within the state 
 of a value not exceeding $10,000, or which do not operate the business of affording 
 telephonic communication for profit. 
 
 Telephone line includes conduits, ducts, poles, wires, cables, cross-arms, re- 
 ceivers, transmitters, instruments, machines, appliances and all devices, real 
 estate, easements, apparatus, property and routes used, operated or owned by any 
 telephone corporation to facilitate the business of affording telephonic commu- 
 nication. 
 
 Transportation of property includes any service in connection with the re- 
 ceiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, 
 storage and handling of the property transported. 
 
 44 
 
NORTH CAROLINA 
 
 Commission has jurisdiction over railroad, street railway, steam- 
 boat, canal, express and sleeping car companies and all other common 
 carriers and over telephone and telegraph companies. PelVs Revisal 
 igo8, sec. 1066. 
 
 Every person or individual owning and operating any telephone 
 or telegraph line, who rents poles or wires to persons generally shall 
 be subject to the same control and supervision by the commission as 
 are corporations owning and operating telephone and telegraph lines. 
 Acts igoy, ch. g66, sec. i. 
 
 NORTH DAKOTA 
 
 All railroad, sleeping car, telegraph, telephone and transportation 
 companies of passengers, intelligence and freight are declared to be 
 common carriers and subject to legislative control. Cont., art. VII, 
 sec. 142. 
 
 The provisions of this article^ shall apply to the transportation 
 of passengers, property and the transmission of messages between 
 points within this state and to the receiving, switching, delivering, 
 storing and hauling of such property and receiving and delivering and 
 canying all messages and of all charges connected therewith, including 
 icing and mileage charges, and shall apply to all railroad corporations, 
 express companies, car companies, freight and freight line companies 
 and to all associations of persons, whether incorporated or otherwise, 
 that shall do business within this state and to any common carrier 
 within the state that shall do business upon or from any line or rail- 
 road within the state and to any common carrier engaged in the 
 transportation of persons or property wholly by rail or partly by rail 
 or water. Rev. Codes 1905, sec. 4324. 
 
 The term common carrier whenever used in this article shall be 
 construed to include telephone and telegraph companies and asso- 
 ciations engaged in the receiving, transmitting and delivering of 
 messages. Same. 
 
 The provisions of this article shall apply to all persons, firms and 
 companies and to all associations of persons whether incorporated 
 or otherwise that shall do business as common carriers upon any of 
 the lines of railway operated by steam in this state the same as to, 
 railroad corporations herein mentioned. Same, sec. 4325. 
 
 1 Comprising sees. 4324 -4397 of Revised Codes 1905. 
 
 45' 
 
DEFINITIONS. 
 
 REVISED CODES I905, SEC. 4325. 
 
 Railroad shall include all bridges and ferries used or operated in connection 
 with any railroad, and also all the road in use by any corporation, receiver, trustee, 
 or other person used as a common carrier or operated as a railroad whether owned 
 or operated under contract, agreement, lease or otherwise. 
 
 Railroad corporation shall be deemed and taken to mean all corporations, 
 companies or individuals now owning or operating or using or which may here- 
 after own, operate or use as a common carrier any railroad operated by steam in 
 whole or in part in this state, or leases cars by whatever name known for the 
 purpose of transportation. 
 
 Transportation shall include all the instrumentalities of shipment or carriage. 
 
 OHIO 
 
 This chapter^ shall apply to the transportation of passengers and 
 property between points within this state, to the receiving, switching, 
 delivering, storing and hauling of such property, and to all charges 
 connected therewith, including icing charges and mileage charges, to 
 all railroad companies, sleeping car companies, equipment companies, 
 express companies, car companies, freight and freight line companies, 
 to all associations of persons, whether incorporated or otherwise, 
 which do business as common carriers, upon or over a line of railroad 
 within this state, and to a common carrier engaged in the transpor- 
 tation of passengers or property wholly by rail or partly by rail and 
 partly by water or wholly by water. In addition thereto the pro- 
 visions of this act shall apply to the regulation of any and all other 
 duties, services, practices and charges of the railroad company, 
 incident to the shipping and receiving of freight, which are proper 
 subjects of regulation, excepting only, that they shall not apply to the 
 regulations of commerce with foreign nations, and among the several 
 states, and with the Indian tribes. Code igio, sec. 502, as amended 
 by laws igii, no. j2j, sec. i. 
 
 Commission shall have the power of supervision and control of 
 express companies, water transportation companies and interurban 
 railroad companies to the same extent as railroads. Code 1910, sec. 
 ^01, as amended by laws 1911, no. 525, sec. i. 
 
 The jurisdiction, supervision, powers and duties of the public 
 service commission shall extend to every public utility and railroad. 
 . . . Laws 191 1, no. 325, sec. 6. 
 
 Commission is vested with power and jurisdiction to supervise 
 and regulate public utilities and railroads as herein defined and pro- 
 vided. Sam^j sec. 5. 
 
 » Chapter i of code 1910, on railroad commission, embracing sections 487-614. 
 
 46 
 
Companies formed to acquire property or to transact business 
 which would be subjected to the provisions of this act, and companies 
 owning or possessing franchises for any of the purposes contemplated 
 by this act, shall be deemed and held to be subject to the provisions 
 of this act, although no property may have been acquired, business 
 transacted or franchises exercised. Same, sec. 77. 
 
 DEFINITIONS. 
 
 CODE I9IO, SEC. 501, AS AMENDED BY LAWS I9II, NO. 325, SEC. I. 
 
 Railroad shall include all corporations, companies, individuals, associations 
 of individuals, their lessees, trustees, or receivers appointed by a court, which 
 owns, operates, manages or controls a railroad or part thereof as a common 
 carrier in this state, or which owns, operates, manages or controls any cars or 
 other equipment used thereon, or which owns, operates, manages or controls any 
 bridges, terminals, union depots, side tracks, docks, wharves or storage elevators 
 used in connection therewith, whether owned by such railroad or otherwise. 
 Such term railroad shall mean and embrace express companies, water transporta- 
 tion companies and interurban railroad companies and all duties required of and 
 penalties imposed upon a railroad or an officer or agent thereof, insofar as they are 
 applicable, shall be required of and imposed upon express companies, water 
 transportation companies and interurban railroad companies, their officers and 
 agents. 
 
 LAWS 191 1, NO. 325, SECS. 3 AND 4. 
 
 Any person or persons, firm or firms, co-partnership or voluntary associa- 
 tion, joint stock association, company or corporation, wherever organized or 
 incorporated : 
 
 When engaged in the business of transmitting to, from, through 
 or in this state, telephonic messages, is a telephone company and as 
 such is declared to be a common carrier. 
 
 When engaged in the business of supplying electricity for light, 
 heat or power purposes to consumers within this state, is an electric 
 light company. 
 
 When engaged in the business of supplying artificial gas for 
 lighting, power or heating purposes to consumers within this state, 
 is a gas company. 
 
 When engaged in the business of supplying water, steam or air 
 through pipes or tubing to consumers within this state for heating 
 or cooling purposes, is a heating or cooling company. 
 
 When engaged in the business of supplying messengers for any 
 purpose, is a messenger company. 
 
 When engaged in the business of supplying natural gas for 
 lighting, heating or power purposes to consumers within this state, 
 is a natural gas company. 
 
 When engaged in the business of transporting natural gas or 
 oil through pipes or tubing, either wholly or partly within this state, 
 is a pipe line company. 
 
 When engaged in the business of operating a railroad, wholly or 
 
 47 
 
■ partially within this state, with one or more tracks from one munici- 
 • pal corporation or point in this state to another municipal corpora- 
 tion or point in this state, whether constructed upon the public high- 
 ways or upon private rights-of-way, outside of municipalities, using 
 ' - electricity or other motive power than animal or steam power for 
 the transportation of passengers, packages, express matter. United 
 States mail, baggage and freight, is an interurban railroad company, 
 and included in the term railroad as used in section 501 of the 
 general code. 
 
 Railroad when used in this act, includes all railroads, interurban 
 railroad companies, express companies, freight line companies, sleep- 
 ing car Companies, equipment companies, car companies, water 
 .- ■ transportation companies, and all persons and associations of per- 
 :• : sons, whether incorporated or not, operating such agencies for 
 -, public use in the conveyance of persons or property within this 
 
 ..-, ,. state. 
 
 When engaged in the business of signalling or calling by an 
 electrical apparatus, or in a similar manner, for any purpose, is a 
 signalling company. 
 
 When engaged in the business of operating, as a common car- 
 rier, a railroad, wholly or partly within this state, with one or more 
 tracks upon, along, above or below any pubHc road, street, alley, 
 way or ground, within any municipal corporation, operated by any 
 motive power other than steam, and not a part of an interurban 
 railroad, whether such railroad be termed street, inclined plane, 
 elevated or underground railroad, is a street railroad company. 
 
 When engaged in the business of operating as a common carrier, 
 whether wholly or partially within this state, a part of a street rail- 
 way constructed or extended beyond the limits of a municipal 
 corporation, and not a part of an interurban railroad is a suburban 
 railroad company. 
 
 When engaged in the business of transmitting to, from, through 
 or in this state, telegraphic messages, is a telegraph company. 
 
 When engaged in the business of supplying water through pipes 
 or tubing, or in a similar manner to consumers within this state, is 
 a water works company. 
 Public utility shall mean and include every corporation, company, co- 
 partnership, person or association, their lessees, trustees or receivers, defined 
 in the next preceding section, except such public utilities as operate their utilities 
 not for profit, and except such public utilities as are, or may hereafter be, owned 
 or operated by any municipality, and except such utilities as are defined as rail- 
 roads in sections 501 and 502 of the general code and these terms shall apply 
 in defining public utilities and railroads wherever used in chapter one, division 
 two, title three, part first of the general code and the acts amendatory or sup- 
 plementary thereto or in this act. 
 
 OKLAHOMA 
 
 Commission has jurisdiction over transportation, transmission 
 and gas, electric light, heat and power companies. 
 
 48 
 
DEFINITIONS. , - . - 
 
 CONSTITUTION, ART. IX. * ' ' 
 
 Bond shall mean all certificates or written evidences of indebtedness issued 
 by any corporation and secured by mortgages or trust deed. Sec. 34. 
 
 Compajty shall include associations and joint stock companies having any 
 power or privileges not possessed by individuals, and include all corporations 
 except municipal corporations and public institutions owned or controlled by 
 the state. Sec. i8ib). ' '^ 
 
 Frank shall mean any writing or token issued by or under the authority 
 of a transmission company, entitling the holder to any service from such cbm^: 
 pany free of charge. Sec. 34. 
 
 Freight shall be construed to mean any property transported or received 
 for transportation, by any transportation company. Same. v , 
 
 Person shall include individuals, partnerships and corporations, in the 
 singular as well as the plural number. Same. 
 
 Public service corporation shall include all transportation and transmission 
 companies, all gas, electric light, heat and power companies, and all persons 
 authorized to exercise the right of eminent domain, or to use or occupy any 
 right of way, street, alley or public highway, whether along, over, or under the 
 same, in a manner not permitted to the general public. Sime. 
 
 Transportation company shall include any company, corporation, trustee, 
 receiver or any other person owning, leasing, or operating for hire, a railroad, 
 street railway, canal, steam boat Hne, and also any freight car company, car 
 association, express company, sleeping car company, car corporation or company, 
 trustee or person in any way engaged in such business as a common carrier over 
 a route acquired in whole or in part under the right of eminent domain, or under 
 any grant from the government of the United States. Same. 
 
 Transmission company shall include any company, receiver or other person,' 
 owning, leasing or operating for hire any telegraph or telephone line. Same. ' 
 
 Rate shall be construed to mean rate of charge for any service rendered, 
 or to be rendered. Same. 
 
 Rate, charge, and regulations, shall include joint rates, joint charges, and 
 joint regulations, respectively. Same. 
 
 OREGON 
 
 The provisions of this act shall apply to the transportation of 
 passengers and property, and to the receiving, delivering, switching, 
 storing, elevation and transfer in transit, ventilation, refrigeration or 
 icing, and handling of such property, and to all charges connected 
 therewith; and shall apply to all railroad companies, union depot 
 companies, terminal companies, car companies, oil companies, tank 
 line companies, sleeping car companies, freight and freight line com- 
 panies, and to all associations of persons, whether incorporated or 
 otherwise, that shall do business as common carriers upon or over 
 any line of railroad within the state, and to any common carrier en- 
 gaged in the transportation of passengers or property wholly by rail 
 or partly by rail and partly by water. Gen. Laws igoy, ch. 53, sec. ii\ 
 
 49 
 
This act shall not apply to the transportation of passenger^ 
 being carried solely within the limits of cities by street and other rail- 
 roads, and shall not apply to logging or other private railroads not 
 doing business as common carriers. Same. 
 
 Commission shall have the power of supervision and control of 
 imion depot, terminal and express companies to the same extent as 
 railroads. Same. 
 
 Commission is vested with power and jurisdiction to supervise 
 and regulate every public utility in this state. Gen. Laws igii, ch. 
 2yg, sec. 6. 
 
 No plant owned or operated by a mimicipality shall be deemed a 
 public utility under or for the piuposes of this act. Same, sec. i. 
 
 DEFINITIONS. 
 
 GEN. LAWS 1907, CH. 53, SEC. II. 
 
 Railroad shall mean and embrace all corporations, companies, -individuals 
 associations of individuals, their lessees, trustees, or receivers (appointed by 
 any court whatsoever), that now, or may hereafter, own, operate by steam, 
 electric or other motive power, manage or control, any railroad or interurban 
 railroad or part of a railroad or interurban railroad as a common carrier in this 
 state, or cars or other equipment used thereon, or bridges, terminals, or side 
 tracks, used in connection therewith, whether owned or operated under a con- 
 tract agreement or lease or otherwise. 
 
 Railroad shall also mean and embrace all corporations, companies, in- 
 dividuals, associations of individuals, their lessees, trustees, or receivers (ap- 
 pointed by any court whatsoever), engaged in the ownership, management or 
 control of union depots or terminals in this state (which corporations, companies, 
 individuals and associations are hereby declared to be common carriers), or the 
 transportation of property within this state by express. 
 
 Rate, fare, charge, and joint rate as used herein shall be taken to mean and 
 embrace an entire schedule of rates, fares, charges or joint rates as well as par- 
 ticular rates and groups of rates. 
 
 Service shall be taken in its broadest and most inclusive sense and to include 
 equipment and facilities. 
 
 GEN. LAWS 191 1, CH. 279. 
 
 PubUc utility shall mean and embrace all corporations, companies, individu- 
 als, associations of individuals, their lessees, trustees or receivers (appointed by 
 any court whatsoever), that now or hereafter may own, operate, manage or con- 
 trol any plant or equipment in this state for the conveyance of telegraph or tele- 
 phone messages, with or without wires, or for the transportation of persons or 
 property by street railroad as common carriers, or for the production, transmis- 
 sion, delivery or furnishing of heat, light, water or power, and any and all whether 
 either directly or indirectly to or for the public, and whether said plant or equip- 
 ment or part thereof is wholly within any town or city or not. Sec. i. 
 
 Council shall mean and embrace the common council, city council, com- 
 mission, or any other governing body of any town, city or other municipal gov- 
 ernment wherein the property of the public utility or any part thereof is located. 
 Sec, 2. 
 
 50 
 
Municipality shall mean any town, city or other municipal government 
 wherein property of the public utility or any part thereof is located. Sec. 3. 
 
 Service is used in this act in its broadest and most inclusive sense, and in- 
 cludes equipment and facilities. Sec. 4. 
 
 PENNSYLVANIA 
 
 Commission has jurisdiction over common carriers. 
 
 DEFINITIONS. 
 
 LAWS 1907, NO. 250, SEC. 6. 
 
 Common carrier shall apply to all corporations, or any person or persons, 
 within the state, engaged in the transportation of freight or passengers by means 
 of railroads or by water, or partly by railroad and partly by water, including 
 electric railway companies, street railway companies, elevated railway com- 
 panies, underground, elevated, or subway passenger railway companies, bridges 
 and ferries, when used in connection with the transportation of freight or pas- 
 sengers upon any such railroad or railway; pipe-line companies engaged in the 
 transportation of oil, either by means of pipe-lines, or by water, or partly by 
 means of pipe-lines and partly by means of railroads or railways, or partly by 
 means of pipe-lines and partly by means of water; sleeping- and drawing-room 
 car companies engaged in transporting passengers upon any such railroad; ex- 
 press companies engaged in transporting property upon any such railroad, electric 
 railway, street railway, or by water; and telegraph or telephone companies. 
 
 RHODE ISLAND 
 
 This act shall apply to the public utilities herein described and 
 to the commission hereby created, and to the public utility corpora- 
 tions and person herein mentioned and referred to. Acts igi2, ch. 
 7P5, sec. I. 
 
 DEFINITIONS. 
 
 ACTS I912, CH. 795, SEC. 2. 
 
 Common carrier shall mean and apply to and embrace all railroad corpora- 
 tions, street railway corporations, express companies, freight companies, freight 
 line companies, dining-car companies, steamboat, power-boat and ferry com- 
 panies, and all persons and associations of persons whether incorporated or not, 
 and their lessees, trustees and receivers, appointed by any court whatsoever, 
 operating any agency for public use in the conveyance of persons or property 
 within this state by land or by water, or both. 
 
 Corporation includes a corporation, company, association, and joint stock 
 company or association. 
 
 Person includes an individual, corporation, and a firm or copartnership. 
 
 Plant or equipment shall mean and apply to and embrace all the real estate, 
 easements, buildings, machinery, apparatus, devices, rolling stock, and tangible 
 property of whatsoever kind and nature, and wherever located, used, controlled, 
 operated, leased or owned by a public utiUty in the conduct of the business 
 thereof. 
 
 51 
 
Public utility shall mean and embrace, and apply to every corporation, 
 company, person, association of persons, their lessees, trustees, or receivers ap- 
 pointed by any court whatsoever, that now or hereafter may own, lease, operate, 
 manage or control any railroad or street railway within this state, or that iiow 
 or hereafter may operate or do business as a common carrier within this state; 
 and to every corporation, company, person, association of persons, their lessees, 
 trustees or receivers appointed by any court whatsoever, that now or hereafter 
 may own, lease, operate, manage or control any plant or equipment, or any part 
 of any plant or equipment, within this state for the conveyance of telegraph or 
 telephone messages, or for the production, transmission, delivery, or furnishing 
 of gas, electricity, water, light, heat or power, either directly or indirectly to or 
 for the public; provided, that this act shall not be construed to apply to any 
 puhlijr. wntrr wnrl" and water service owned and'iurnished by any crE^'^r town. 
 
 Railroad includes every raiE^oad other than a street railway", l^y^hatsce^r 
 power operated for public use in the conveyance of persons or property for com- 
 pensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations, 
 wharves and terminal facilities of every kind, used, operated, controlled, leased 
 or owned by or in connection with any such railroad. 
 
 Service is used in this act in its broadest and most inclusive sense. 
 
 Street railway includes every railway by whatsoever power operated or any 
 extension or extensions, branch or branches thereof, for public use in the con- 
 veyance of persons or property for compensation, being mainly upon, along, 
 above or below any street, avenue, road, highway, bridge or public place in any 
 city or town, and including all switches, spurs, tracks, rights of trackage, sub- 
 ways, tunnels, stations, terminals, and terminal facilities of every kind, used, 
 operated, controlled or owned, by or in connection with, any such street railway. 
 
 SOUTH CAROLINA 
 
 Railroad commission has jurisdiction over all transporting and 
 transmitting corporations. Const., art. ix, sec. 14. 
 
 By Gen. Stats. 1902, sec. 2067, railroad commission has juris- 
 diction over railroads and railways, express and telegraph lines. 
 
 By Acts 1904, no. 281, railroad commission has jurisdiction over 
 telephone companies. 
 
 Public service commission has jurisdiction in all cities of the 
 state over maximum rates and charges for the supply of water, gas or 
 electricity furnished by any person, firm or corporation to such city 
 and the inhabitants thereof. Acts iQio, no. 286, sec. i. 
 
 The provisions of this act shall not apply to the cities of Charles- 
 ton, Marion, Spartanburg, Sumter and Union or the town of Conway. 
 ^ame. 
 
 SOUTH DAKOTA 
 
 Commission has jurisdiction over all railroads and railway 
 companies, express companies, car companies, sleeping car companies,, 
 freight or freight line companies and over any common carrier: oir 
 
 52 
 
carriers engaged in the transportation of passengers or property by 
 railroad (street railroads excepted). Rev. Pol. Code 1903, sec. 431. 
 
 Commission has jurisdiction over express companies. Laws 
 igii, ch. 2oy. 
 
 The term telephone company as used in this act shall mean and 
 embrace all corporations ( except mun icipal), associations and in- 
 dividuals, their trustees, lessees and receivers, that now or hereafter 
 may own, operate, manage or control any telephone line, system 
 or exchange, or any part of any telephone line, system or exchange in 
 this state; and all such telephone companies are hereby declared to be 
 common carriers, and all laws, so far as applicable, now in force or 
 hereafter enacted regulating common carriers, shall apply with equal 
 force and effect to all such telephone companies. Sess. Laws igog, 
 ch. 28 g, sec. i. 
 
 The provisions of this article shall apply to the transportation 
 of passengers, property and messages by telephone, and to receiving, 
 delivering, storage and handling of property wholly within this state, 
 and shall apply to all railroads, corporations and railway companies, 
 express companies, car companies, sleeping car companies, freight 
 or freight line companies, telephone companies and to any common 
 carrier or carriers engaged in this state in the transportation of pas- 
 sengers, property or messages by telephone, and shall also be held 
 to apply to shipments of property made from any point within the 
 state to any point within the state, over lines of telephone, railway 
 or express, wholly within the state, and the provisions of this article 
 shall apply to all persons, firms and companies and to all associations 
 of persons, whether incorporated or otherwise, that shall do business 
 as common carrier upon or over any railway, express or telephone line 
 in this state (street railroads excepted), the same as to common 
 carriers herein mentioned. Sess. Laws igii, ch. 2oy, sec. i. 
 
 DEFINITIONS. 
 
 LAWS 191 1, CH. 207. 
 
 Common carrier shall include all bridges and ferries used or occupied in con- 
 nection with any railroad and also the road, and all lines and facilities of any and 
 every kind, character or description in use by any corporation, receiver, trustee 
 or other person operating a railroad, express company, or telephone company, 
 whether owned or operated under contract, agreement, lease or otherwise. Sec. i. 
 
 Common carrier shall be deemed and taken to mean all corporations, com- 
 panies or individuals now owning or operating, or which may hereafter own or 
 operate any railroad, express company or telephone company, in whole or in 
 part, in this state. Same. 
 
 Transportation shall include all instrumentalities of shipment or carriage. 
 Same. - 
 
Transportation shall be held to include the transmission of messages by tele- 
 phone. Sec. 52. 
 
 Traffic shall be held to include the transportation of passengers, freight cars, 
 express freight, and all transmission of messages by telephone. Sec. 53. 
 
 TENNESSEE 
 
 The provisions of this act shall be construed to apply to and 
 affect only the transportation of passengers, freight and cars between 
 points within this state and this act shall not apply to street railways 
 nor to suburban or belt lines of railways in or near cities or towns. 
 Laws 1897, ch. 10, sec. 3. 
 
 TEXAS 
 
 Provisions of this chapter shall be construed to apply to and 
 affect only the transportation of passengers, freight and cars between 
 points within this state; and this chapter shall not apply to street 
 railways nor suburban nor belt lines of railways in or near cities and 
 towns. Sayles^ Civil Stats. i8gy, art. 4580. 
 
 Commission shall have the same power to make and prescribe 
 rules and regulations for the government and control of express 
 companies as is or may be conferred upon said commission for the 
 regulation of railroads. Same, art. 4^82. 
 
 UTAH 
 
 No commission up to 191 3. 
 
 VERMONT 
 
 Commission shall have general supervision of all railroads within 
 the state whether operated by steam, electricity or any other power 
 and of the corporations, receivers, trustees, directors, lessees and 
 other persons owning or operating the same so far as may be neces- 
 sary to enable it to perform the duties and exercise the powers con- 
 ferred upon it. Puh. Stats. 1906, sec. 4602. 
 
 Commission is authorized and empowered to exercise the same 
 authority of control and regulation over and in regard to joint stock 
 companies or corporations doing an express, parlor car or sleeping 
 car business and other business within this state as is granted it by 
 this chapter in respect to railroad companies. Same, sec. 4537. 
 
 Commission shall have general supervision of all companies 
 engaged in the manufacture, distribution and sale of gas or electricity 
 for lighting or heating, of all express companies and of all companies 
 owning or operating telegraph or telephone lines, stations or exchanges 
 
 54 
 
within this state and of all plants, lines, exchanges and equipment 
 of such companies used in or about the business carried on by them 
 in this state as covered and included in this section, and all companies, 
 receivers, trustees, directors or lessees owning or operating the same, 
 so far as may be necessary to enable it to perform the duties and 
 exercise the powers conferred upon it by this act; and shall have 
 supervision of companies engaged in the manufacture, sale and dis- 
 tribution of power so far as relates to their use or occupancy of the 
 public highways and so far as relates to furnishing power for public 
 use. Laws igoS, no. ii6, sec. j. 
 
 DEFINITIONS. 
 
 PUB. STATS, 1906, SEC. 4531. 
 
 Transportation shall include cars and other vehicles and all instrumentalities 
 and facilities of shipment or carriage, irrespective of ownership or of any contract, 
 express or implied, for the use thereof, and all services in connection with the 
 receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or 
 icing, storage and handling of property transported. 
 
 LAWS 1908, NO. 116, SEC. 2. 
 
 Company or companies shall mean and include individuals, partnerships, 
 associations, corporations and municipalities, owning or conducting any public 
 service business or property used in connection therewith and covered by the 
 provisions of this act. 
 
 VIRGINIA 
 
 Commission has jurisdiction over transportation and transmis- 
 sion companies, turnpike and other internal improvement companies 
 and gas, pipe line, electric light, heat, power and water supply com- 
 panies. Pollard's Code 1904, sec. I2g4a{i). 
 
 DEFINITIONS. 
 
 CONSTITUTION, SEC. 1 53. 
 
 Bond shall mean all certificates, or written evidences, of indebtedness issued 
 by any corporation and secured by mortgage or trust deed. 
 
 Corporation or company shall include all trusts, associations and joint stock 
 companies having any powers or privileges not possessed by individuals or un- 
 limited partnerships, and exclude all municipal corporations and public institu- 
 tions owned or controlled by the state. 
 
 Freight shall be construed to mean any property transported, or received for 
 transportation, by any transportation company. 
 
 Public service corporation shall include all transportation and transmission 
 companies, all gas, electric light, heat and power companies, and all persons au- 
 thorized to exercise the right of eminent domain, or to use or occupy any street, 
 alley or public highway, whether along, over, or under the same, in a manner not 
 permitted to the general public. 
 
 Rate shall be construed to mean "rate of charge for any service rendered or 
 
 55 
 
to be rendered"; the terms rate, charge, and regulation, shall include joint rates, 
 joint charges, and joint regulations, respectively. 
 
 Transmission company shall include any company owning, leasing or op- 
 erating for hire, any telegraph or telephone line. 
 
 Transportation company shall include any company, trustee, or other person 
 owning, leasing or operating for hire a railroad, street railway, canal, steamboat, 
 or steamship line, and also any freight, car company, car association, or car trust, 
 express company, or company, trustee or person in any way engaged in business 
 as a common carrier over a route acquired in whole or in part under the right of 
 eminent domain. 
 
 pollard's code 1904, SEC. 1294a. 
 
 Public service corporation or public service corporations shall include trans- 
 portation and transmission companies, turnpike, and other internal improvement 
 companies, and gas, pipe line, electric light, heat, power, and water supply com- 
 panies, and all persons, firms, partnerships, associations, or corporations authorized 
 to exercise the right of eminent domain, or to use or occupy any street, alley, or 
 public highway, whether along, over, or under the same, in a manner not per- 
 mitted to the general public, and shall exclude all municipal corporations and 
 public institutions owned or controlled by the state. 
 
 Railroad, or railroads, shall include all railroad or railway lines, whether 
 operated by steam, electricity, or other motive power, except when otherwise 
 specifically designated; and the words railroad company, or railroad companies, 
 shall include any company, trustee, or other persons owning, leasing or operating 
 a railroad or railroads, railway or railways, whether operated by steam, elec- 
 tricity, or other motive power, except when otherwise specifically designated. 
 
 Transportation company or transportation companies shall include any 
 company, trustee, or other person owning, leasing, or operating, for hire, a rail- 
 road street railway, canal, steamboat, or steamship line; and also any freight car 
 company, car association, car service association, or car trust, express company, 
 or company, trustee, or person in any way engaged in business as a common 
 carrier, over a route acquired in whole or in part under the right of eminent 
 domain. 
 
 Transmission company or transmission companies shall include any com- 
 pany owning, leasing, or operating for hire any telegraph or telephone line. 
 
 pollard's code 1904, SEC. I3I3A(i). 
 
 Corporation or company shall include all corporations chartered by the acts 
 of the general assembly of Virginia, or under the general incorporation laws of this 
 state, or doing business therein, and all trusts, associations, and joint-stock com- 
 panies having any powers or privileges not possessed by individuals or unlimited 
 partnerships, and shall exclude all municipal corporations and public institutions 
 owned or controlled by the state. 
 
 Person as used in this act shall include individuals, partnerships, and cor- 
 porations in the singular as well as in the plural number. 
 
 Public service corporation shall include all transportation and transmission 
 companies, all gas, electric light, heat and power companies and all persons 
 authorized to exercise the right of eminent domain, or to use or occupy any 
 street, alley, or public, highway, whether along, over, or under the same, in a 
 manner not permitted to the general public. 
 
 S6 
 
Transmission company shall include any company owning, leasing or oper- 
 ating for hire, any telegraph or telephone line. 
 
 Transportation company shall include any company, trustee, or other person 
 owning, leasing, or operating for hire a railroad, street railway, canal, steamboat, 
 or steamship line, also any freight-car company, car association or car trust, 
 express company, or company, trustee, or person in any way engaged in business 
 as a common carrier over a route acquired, in whole or in part, under the right 
 of eminent domain. 
 
 WASHINGTON 
 
 Commission has jurisdiction over public service companies, 
 including common carriers, gas, electric, water, telephone and tele- 
 graph companies and wharfingers and warehousemen. Laws igii, 
 ch. iiy, sec. 8. 
 
 DEFINITIONS. 
 
 LAWS 191 1, CH. 117, SEC. 8. 
 
 Common carrier includes all railroads, railroad companies, street railroads, 
 street railroad companies, steamboat companies, express companies, sleeping 
 car companies, freight companies, freight line companies, and every corporation, 
 company, association, joint stock association, partnership and person, their 
 lessees, trustees or receivers appointed by any court whatsoever, and every city 
 or town, owning, operating, managing or controlling any such agency for public 
 use in the conveyance of persons or property for hire within this state. 
 
 Corporation includes a corporation, company, association or joint stock 
 association. 
 
 Dock or wharf includes any and all structures at which any steamboat, 
 vessel or other water craft lands for the purpose of receiving or discharging freight 
 from or for the public, together with any building or warehouse used for storing 
 such freight for the public for hire. 
 
 Electrical company includes any corporation, company, association, joint 
 stock, association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever (other than a railroad or street railroad com- 
 pany generating electricity solely for railroad or street railroad purposes or for 
 the use of its tenants and not for sale to others), and every city or town owning, 
 operating or managing any electric plant for hire within this state. 
 
 Electric plant includes all real estate, fixtures and personal property oper- 
 ated, owned, used or to be used for or in connection with or to facilitate the 
 generation, transmission, distribution, sale or furnishing of electricity for light, 
 heat, or power for hire; and any conduits, ducts or other devices, materials, ap- 
 paratus or property for containing, holding or carrying conductors used or to be 
 used for the transmission of electricity for light, heat or power. 
 
 Express company includes every corporation, company, association, joint 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever, who shall engage in or transact the business of 
 carrying any freight, merchandise or property for hire on the line of any common 
 carrier operated in this state. 
 
 Gas company includes every corporation, company, association, joint stock 
 
 57 
 
association, partnership and person, their lessees, trustees or receivers appointed 
 by any court whatsoever, and every city or town, owning, controlling, operating 
 
 I or managing any gas plant within this state. 
 
 ' Gas plant includes all real estate, fixtures and personal property, owned, 
 
 leased, controlled, used or to be used for or in connection with or to facilitate 
 the manufacture, distribution, sale or furnishing of gas (natural or manufactured) 
 for light, heat or power. 
 
 Person includes an individual, a firm or copartnership. 
 
 Public service company includes every common carrier, gas company, elec- 
 trical company, water company, telephone company, telegraph company, wharf- 
 inger and warehouseman as such terms are defined in this section. 
 
 Railroad includes every railroad, other than a street railroad, by whatsoever 
 power operated for public use in the conveyance of persons or property for hire, 
 with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and 
 terminal facilities of every kind used, operated, controlled or owned by or in 
 connection with any such railroad. 
 
 Railroad company includes every corporation, company, association, joint 
 stock association, partnership or person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever, owning, operating, controlling or managing 
 any railroad or any cars or other equipment used thereon or in connection there- 
 with within this state. 
 
 Service is used in this act in its broadest and most inclusive sense. 
 
 Steamboat company includes every corporation, company, association, joint 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever, owning, controlling, leasing, operating or man- 
 aging any vessel over and upon the waters of this state. 
 
 Street railroad includes every railroad by whatsoever power operated, or 
 any extension or extensions, branch or branches thereof, for public use in the 
 conveyance of persons or property for hire, being mainly upon, along, above or 
 below any street, avenue, road, highway, bridge or public place within any one 
 city or town, and includes all equipment, switches, spurs, tracks, bridges, right of 
 trackage, subways, tunnels, stations, terminals and terminal facilities of every 
 kind used, operated, controlled or owned by or in connection with any such 
 street railroad, within this state. 
 
 Street railroad company includes every corporation, company, association, 
 joint stock association, partnership and person, their lessees, trustees or receivers 
 appointed by any court whatsoever, and every city or town, owning, controlling, 
 operating or managing any street railroad or any cars or other equipment used 
 thereon or in connection therewith within this state. 
 
 Telegraph company includes every corporation, company, association, joint 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever, owning, operating or managing any telegraph 
 line or part of telegraph line used in the conduct of the business of affording for 
 hire communication by telegraph within this state. 
 
 Telegraph line includes conduits, poles, wire, cables, cross-arms, instruments, 
 machines, appliances, instrumentalities and all devices, real estate, easements, 
 apparatus, property and routes used, operated or owned by any telegraph com- 
 pany to facilitate the business of affording communication by telegraph. 
 
 Telephone company includes every corporation, company, association, joint 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 
 58 
 
pointed by any court whatsoever, and every city or town owning, operating or 
 managing any telephone hne used in the conduct of the business of affording tele- 
 phonic communication for hire within this state. 
 
 Telephone line includes conduits, ducts, poles, wires, cables, cross-arms, re- 
 ceivers, transmitters, instruments, machines, appliances, instrumentalities and 
 all devices, real estate, easements, apparatus, property and routes used, operated, 
 owned or controlled by any telephone company to facilitate the business of 
 affording telephonic communication. 
 
 Transportation of persons includes any service in connection with the re- 
 ceiving, carriage and delivery of the person transported and his baggage and all 
 facilities used or necessary to be used in connection with the safety, comfort and 
 convenience of the person transported. 
 
 Transportation of property includes any service in connection with the re- 
 ceiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, 
 storage and handling of the property transported, and the transmission of c'redit. 
 
 Vessel includes every species of water craft, by whatsoever power operated, 
 for the public use in the conveyance of persons or property for hire and upon 
 the waters within this state (excepting row boats and sailing boats under 20 
 gross tons burden, open steam launches of five tons gross and under, and vessels 
 under five gross tons propelled by gas, fluid, naphtha or electric motors). 
 
 Warehouse includes any building or structure in which freight is received for 
 storage from the public for hire, intended for shipment or discharged by any 
 water craft. 
 
 Water company includes every corporation, company, association, joint 
 stock association, partnership and person, their lessees, trustees or receivers ap- 
 pointed by any court whatsoever, and every city or town owning, controlling, 
 operating or managing any water system for hire within this state. 
 
 Water system includes all real estate, easements, fixtures, personal property, 
 dams, dikes, head gates, weirs, canals, reservoirs, flumes or other structure or 
 appliances operated, owned, used or to be used for or in connection with or to 
 facilitate the supply, storage, distribution, sale, furnishing, diversion, carriage, 
 apportionment or measurement of water for power, irrigation, reclamation, 
 maniifacturing, municipal, domestic or other beneficial uses for hire. 
 
 Wharfinger or warehouseman includes every corporation, company, associa- 
 tion, joint stock association, partnership and person, their lessees, trustees or re- 
 ceivers appointed by any court whatsoever, operating or managing any dock, 
 wharf or structure where steamboats, vessels or other water craft land for the 
 purpose of discharging freight for the public, and where such freight is received 
 on such dock, wharf or structure for the public for hire within this state. 
 
 WEST VIRGINIA 
 
 No commission up to igij. 
 
 WISCONSIN 
 
 Commission has jurisdiction over railroads and public utilities 
 as defined. 
 
 The provisions of this act shall apply to the receiving, transmit- 
 ting and delivering of message^ by telegraph, and to all charges con- 
 
 59 
 
nected therewith, and to the transportation of passengers and prop- 
 erty between points within this state, and to the receiving, switching, 
 delivering, storing and handling of such property, and to all charges 
 connected therewith, and shall apply to all railroad corporations, 
 express companies, telegraph companies, car companies, sleeping car 
 companies, freight and freight line companies, and to all associations 
 of persons, whether incorporated or otherwise, that shall do business 
 as common carriers upon or over any line of railroad within this 
 state, and to any common carrier engaged in the transportation of 
 passengers or property wholly by rail or partly by rail and partly by 
 water. Laws 1Q05, ch. J62, sec. 2, as amended by Laws igoy, ch. 582. 
 
 DEFINITIONS. 
 
 LAWS 1905, CH. 362, SEC. 2, AS AMENDED BY LAWS I907, CH. 582 (RAILROAD COM- 
 MISSION law). 
 
 Railroad shall mean and embrace all corporations, companies, individuals, 
 associations of individuals, their lessees, trustees or receivers (appointed by any 
 court whatsoever) that now, or may hereafter, own, operate, manage or control 
 any railroad or part of a railroad as a common carrier in this state, or cars, or 
 other equipment used thereon, or bridges, terminals, or side tracks, used in con- 
 nection therewith, whether owned by such railroad or otherwise, and also all 
 street and interurban railway companies. 
 
 Railroad shall also mean and embrace express companies, and telegraph 
 companies, and all duties required of and penalties imposed upon any railroad or 
 any officer or agent thereof shall, in so far as the same are applicable, be required 
 of and imposed upon express companies and telegraph companies and their 
 officers and agents, and the commission shall have the power of supervision and 
 control of express companies and telegraph companies to the same extent as rail- 
 roads. 
 
 LAWS 1907, CH. 499, SEC. 1797 M-I, AS AMENDED BY LAWS I9II, CH. 48 (PUBLIC 
 
 UTILITY law). 
 
 Indeterminate permit shall mean and embrace every grant, directly or in- 
 directly from the state, to any corporation, company, individual, association of 
 individuals, their lessees, trustees or receivers appointed by any court whatso- 
 ever, of power, right or privilege to own, operate, manage or control any plant 
 or equipment within this state for the production, transmission, delivery or 
 furnishing of heat, light, water or power, either directly or indirectly, to or for the 
 public, which shall continue in force until such time as the municipality shall 
 exercise its option to purchase as provided in this act or until it shall be otherwise 
 terminated according to law. 
 
 Municipal council shall mean and embrace the common council, the board 
 of aldermen, the board of trustees, the town or village board, or any other govern- 
 ing body of any town, village or city wherein the property of the public utility 
 or any part thereof is located. 
 
 Municipality shall mean any town, village or city wherein property of a 
 public utility or any part thereof is located. 
 
 Public utility shall mean and embrace every corporation, company, in- 
 dividual, association of individuals, their lessees, trustees, or receivers appointed 
 
 60 
 
by any court whatsoever, and every town, village, or city that now or hereafter 
 may own, operate, manage, or control any plant or equipment or any part of a 
 plant or equipment within the state, for the conveyance of telephone messages or 
 for the production, transmission, delivery, or furnishing of heat, light, water, or 
 power either directly or indirectly to or for the public, or that now or hereafter 
 may own, operate, manage, or control any toll bridge wholly within the state. 
 Service is used in this act in its broadest and most inclusive sense. 
 
 LAWS 191 1, CH. 593, SEC. 1 753-1 (stock and bond law). 
 
 Capital account shall mean the capital account prescribed by the com- 
 mission and required to be kept by every public service corporation as provided 
 by law. 
 
 Net income or revenue shall mean the money available for dividends and 
 surplus according to the accounts prescribed by the commission and required 
 to be kept by every public service corporation. 
 
 Public service corporation shall mean and embrace every railroad, street 
 railway, telegraph, telephone, express, freight line, sleeping car, light, heat, 
 water, and power corporation, and all other corporations, excepting towns, 
 villages, and cities engaged in the business of supplying the public, directly or 
 indirectly, with light, heat, power, or water, or in transmitting telegraph or 
 telephone messages, or in transporting passengers, freight, or express. 
 
 WYOMING 
 
 No commission up to igij. 
 
 61 
 
CHAPTER I. 
 
 Organization of Commissions 
 
 SCOPE NOTE 
 
 This chapter includes the important requirements of 
 commission organization. Minor details are usually 
 determined by the commissions themselves and are to be 
 found in rules, regulations and orders promulgated by 
 them. Provisions dealing with the organization of boards 
 and offices affiliated with commissions, even when under 
 their direct supervision, have been excluded. For pro- 
 visions incidentally involving questions of personnel and 
 organization, see ch. ix, on accounts, ch. vii, on service, 
 ch. xiv, on commission procedure and practice, and 
 ch. XV, on enforcement. For general statement of scope 
 and method, see introduction. 
 
 63 
 
ANALYSIS 
 
 PAGE 
 
 A. Name and constitution of commission 65 
 
 B. [Quorum of commission 73 
 
 1. Majority constitutes quorum 73 
 
 2. Powers of less than entire membership 74 
 
 3. Powers of single commissioner 74 
 
 C. Oath of office of members 74 
 
 D. Removal or suspension of members 75 
 
 1. Person authorized to remove members 75 
 
 2. Cause of removal 75 
 
 3. Procedure 76 
 
 4. Person authorized to suspend members; cause of suspension. . . 76 
 
 5. Vacation of office 77 
 
 6. Forfeiture and impeachment 77 
 
 E. Manner of filling vacancies 77 
 
 F. Right to sue and be sued 78 
 
 G. Official seal 78 
 
 H. Disqualification for membership 79 
 
 1. Interest in any utility 79 
 
 2. Interest in any utility under jurisdiction of commission 80 
 
 3. Interest in certain utilities under jurisdiction of commission. ... 80 
 I. Official and private relations of members and employees with utilities. . 80 
 J. Authority to engage in another business or to hold another political office 86 
 
 K. Office hours and attendance of members 86 
 
 L. Equipment, facilities and expenses required to be furnished commission. 88 
 
 M. Provision of funds for commission 89 
 
 N. Secretary or clerk of commission 95 
 
 1. Manner of appointment, term, qualifications, bond, oath, salary. 95 
 
 2. General duties and powers 97 
 
 3. Special duties and powers 97 
 
 O. Attorney of commission 98 
 
 1. Manner of appointment, term, qualifications, oath, manner of 
 
 removal and of filling vacancy, salary 98 
 
 2. Attorney general as attorney of commission 99 
 
 3. State's attorney as attorney of commission 100 
 
 4. General duties and powers of attorney 100 
 
 5. Special duties and powers of attorney loi 
 
 6. General duties and powers of attorney general 102 
 
 7. Other duties and powers of attorney general 102 
 
 8. Duties and powers of state's attorney 103 
 
 P. Employes and appointees of commission 103 
 
 64 
 
A. NAME AND CONSTITUTION OF COM- 
 MISSION. 
 
 Name of Commission, Location of Principal Office, Number, Manner of Selection, Terms of 
 Office, Qualification, Salary and Bond of Commissioners. 
 
 UNITED STATES Interstate Commerce Commission, Washing- 
 ton, D. C. Seven. Appointed by president by and with con- 
 
 1 sent of senate for seven years; one each year. Not more than 
 four commissioners from same poHtical party. $10,000. Act to 
 Regulate Commerce, sees. 11, ig, 24. 
 
 ALABAMA Railroad Commission of Alabama, Montgom- 
 
 ery. President and two associates. Elected on the first Tues- 
 day after first Monday in November for four years, president 
 
 2 every four years, two associates at once two years later. No 
 two commissioners from same congressional district; qualified 
 electors of Alabama. President, $3,500; associates, $3,000 each. 
 Code 1907, sees. 5632, 5633, 5636, 5637, 5640, 5642. 
 
 ARIZONA Corporation Commission; Phoenix. Three. 
 
 Elected for six years; one every two years co-terminously with 
 
 3 governor. Chairman elected by commissioners. Qualified elec- 
 tors of Arizona. $3,000. Const., art. xv, sees. /, 18. Sess. laws 
 1Q12, ch. go, sees. 3(a), 7, 8{a), 10. 
 
 ARKANSAS Railroad Commission of Arkansas, Little 
 
 Rock. Chairman and two commissioners. Elected at general 
 election for two years and until their successors are elected and 
 qualified, one from first and sixth, one from second and third, 
 
 4 one from fourth and fifth congressional districts. Chairman 
 elected by members of commission at time of organization. 
 Twenty-five years of age, resident citizens of Arkansas, and 
 qualified voters. $2,500. Kirby^s Digest 1904, sees. 6788, 6789, 
 ^793- 
 
 CALIFORNIA Railroad Commission of the State of Cali- 
 
 fornia, San Francisco. President and four commissioners. 
 Appointed by governor from state at large for six years, one com- 
 
 6 missioner first and then two commissioners each at the two 
 successive biennial periods. President elected by commission- 
 ers. Qualified electors of California. $6,000. Stats, igii, ist. 
 ex. sess., ch. 14, sees. 3(a), 7, 8(a), 8{h), To{a). 
 
 COLORADO State Railroad Commission of Colorado, 
 
 Denver. President, secretary, and one commissioner. Ap- 
 
 $ pointed by governor by and with consent of senate for six years; 
 
 6s 
 
one every two years. President and secretary elected by com- 
 missioners for two years. $4,000. Laws igio, sp. sess., ch. 5, 
 sees. II, 18. 
 
 CONNECTICUT Public Utilities Commission, Hartford. Three. 
 
 Appointed by general assembly upon nomination by governor 
 
 7 for six years and until his successor is duly appointed and qual- 
 ified; one every two years. Electors of Connecticut. $5,000. 
 Fub. Acts igiiy ch. 128, sees. 2, 4, 6. 
 
 FLORIDA Railroad Commissioners of the State of Flor- 
 
 ida, Tallahassee. Three. Elected for four years, two at general 
 
 8 election held at time and places of voting for members of legis- 
 lature, one two years later. $2,500. Gen. Stats. igo6, sees. 2882, 
 288 J, 2887 {as amended igof). 
 
 GEORGIA • Railroad Commission of Georgia, Atlanta. 
 
 Chairman and four commissioners. Elected for six years; one 
 commissioner first and two each at the two successive biennial 
 
 9 periods. Chairman elected by members for two years. Thirty 
 years of age and qualified elector of Georgia; one experienced in 
 law and one experienced in railroad business. Chairman, $4,000; 
 commissioners, $2,500 each. Code 191 1, sees. 2616, 2620, 2621, 
 2622, 2625. Acts i8y8-yg, no. 269, sec. i. 
 
 ILLINOIS Railroad and Warehouse Commission, Spring- 
 
 field. Chairman and two commissioners. Appointed by gov- 
 
 10 emor by and with advice and consent of senate for two years 
 and until their successors are appointed and qualified. Chair- 
 man, $6,000; commissioners, $4,000 each. Bond of $20,000. 
 Revisal igop, ch. 114, sees. 16 j, 169, lyo. 
 
 INDIANA Railroad Commission of Indiana, Indianapolis. 
 
 Chairman and two commissioners. Appointed by governor for 
 four years, one each year for each of three years, one year inter- 
 
 11 vening between each succession of three appointments. Chair- 
 man selected by commissioners. Resident citizens of Indiana; 
 qualified voters; no more than two commissioners from same 
 political party. $4,000. Bond of $10,000. Acts igoy, ch. 241, 
 sees. J, J (a), i{d), i{e), 2(a). 
 
 IOWA Board of Railroad Commissioners, Des Moines. 
 
 Chairman and two commissioners. Elected for three years in 
 
 IS same manner as other state officers. Chairman elected by com- 
 missioners immediately after the new member has qualified. 
 Electors. $2,200. Code i8gy, sees. 211 1, 2 121. 
 
 KANSAS Public Utilities Commission, Topeka. Three. 
 
 Appointed by governor by and with advice and consent of senate 
 for three years and until their successors shall have been quali- 
 fied; one each year. Qualified electors of Kansas; one a prac- 
 
 18 tical, experienced business man and one experienced in manage- 
 
 66 
 
ment or operation of a common carrier or public utility; not 
 more than two from same political party. $4,000. Bond of 
 $10,000. Gen. Stats, igog, sec. 7185. Laws igii, ch. 2j8, sees. 
 I, 5, 8. 
 
 KENTUCKY Railroad Commission, Frankfort. Chairman 
 
 and two commissioners. Elected at same time as governor for 
 four years and until his successor is elected and qualified; one 
 from each superior court district. Thirty years of age; resident 
 
 14 of district from which chosen one year next preceding election; 
 citizen of Kentucky two years. Chairman, $3,600; commis- 
 sioners, $3,000 each. Const., sec. 2og. CarroWs Stats, igog, 
 sees. 821-823. 
 
 LOUISIANA Railroad Commission of Louisiana, Baton 
 
 Rouge. Chairman and two commissioners. Elected for six 
 
 16 years, one from each of three railway commission districts; one 
 every two years. Chairman elected by commissioners. $3,000. 
 Const., arts. 28 j, 287, 28g. 
 
 MAINE Board of Railroad Commissioners, Augusta. 
 
 Chairman and two commissioners. Appointed by governor with 
 advice and consent of council for three years. Chairman 
 appointed and commissioned by governor with advice and 
 
 16 consent of council. One, chairman, learned in law; one a civil 
 engineer, experienced in construction of railroads; one ex- 
 perienced in management and operation of railroads. Chairman, 
 $2,500; commissioners, $2,000 each. Rev. Stats, igoj, ch. 5/, 
 sec. 48 (as amended by Pub. Laws igog, ch. 141); ch. 116, sec. i. 
 
 MARYLAND Public Service Commission, Baltimore. Chair- 
 
 man and two commissioners. Appointed by governor for six 
 years and until his successor shall qualify, each commissioner 
 being eligible for reappointment in discretion of governor; one 
 every two years. Chairman designated by governor. Twenty- 
 
 17 five years of age ; resident of Maryland for a period of at least 
 five years next preceding his appointment and qualification; a 
 qualified voter in Maryland. Chairman, $3,000, pa3^able by 
 state, and in addition $3,000 payable by Baltimore; each com- 
 missioner, $3,000, payable by state, and in addition $2,000 
 payable by Baltimore. Laws igio, ch. 180, sees. 2, 4. 
 
 MASSACHUSETTS Board of Gas and Electric Light Commis- 
 sioners, Boston. Chairman and two commissioners. Appointed 
 by governor with advice and consent of council for three years; 
 
 18 one each year. Chairman designated by governor. Citizens 
 of Massachusetts. Chairman, $5,000; each commissioner, 
 $4,500. Rev. Laws igo2, ch. 121, sec. i as amended by Acts 
 igoy, ch. J16. Acts igio, ch. ^jg, sec. i. 
 
 Board of Railroad Commissioners, Boston. Chairman and 
 two commissioners. Appointed by governor with advice and 
 
 19 consent of council for three years; one each year. Chairman, 
 
 67 
 
21 
 
 $6,ooo; each commissioner, $s,ooo. Acts igo6, ch. 417, sec. i; 
 ch. 46J, pt. i, sees, i, 2. 
 
 Massachusetts Highway Commission, Boston. Chairman 
 and two commissioners. Appointed by governor with advice 
 and consent of council for three years; one each year. Chair- 
 20 man designated by governor. Chairman, $3,500, and each com- 
 missioner $2,500; in addition $1,500 each for supervision of 
 utilities engaged in transmission of intelligence by electricity. 
 Rev. Laws igo2, ch. 47, sec. i. Acts igo6, ch. ^jj, sec. i. 
 
 The State Board of Health, Boston, was authorized in ipop^to hear and determine 
 complaints relative to the service or charges of water companies and to make recommenda- 
 tions to such companies concerning the reduction, modification or continuation of charges 
 complained of or concerning improvements in the quality of service or extensions thereof . 
 As its jurisdiction over water utilities is incidental to its main purposes the State Board 
 of Health has not been treated herein as a public utility commission. Acts igog, ch. 31 g , 
 sec. I. 
 
 MICHIGAN Michigan Railroad Commission, Lansing. 
 
 Chairman and two commissioners. Appointed by governor and 
 confirmed by senate for six years and until successor is appointed 
 and qualified; one every two years. Chairman elected by mem- 
 bers in each odd numbered year for two years and until his suc- 
 
 22 cesser is elected. One an attorney having knowledge of and 
 experienced in law relating to common carriers, the other two 
 having knowledge of traffic and transportation matters ; no more 
 than two from same political party. $3,000. Pub. Acts igog, 
 no. 300, sees, i, 2(0), 2(e), 2(/), 2(j), 2{k). 
 
 MINNESOTA Railroad and Warehouse Commission, St. 
 
 Paul. Three. Elected at general election for six years and 
 
 23 until their successors qualify; one every two years. $4,500. 
 Bond of $20,000. Rev. Laws igo^, sees, ig^j and igj6 (as amend- 
 ed by Laws igii, ch. 140), ig6i. 
 
 MISSISSIPPI Mississippi Railroad Commission, Jackson. 
 
 Three. Elected at general election in same manner as other 
 
 24 state officers for four years. One from each supreme court dis- 
 trict; same qualifications as are prescribed for secretary of state. 
 $2,000.1 Qq^q igo6, sees. 4826, 4828, 4830. 
 
 MISSOURI Board of Railroad and Warehouse Commis- 
 
 sioners, Jefferson City. Three. Elected for six years and until 
 
 2s his successor is elected and qualified; one every two years. 
 $3,000. Bond of $20,000. Rev. Stats, igog, sees. 3250, 3261, 
 3262. 
 
 • In case a commissioner shall fail to attend any meeting or session of commission ap- 
 pointed for transaction of business he shall be subject to a pro rata deduction from his salary, 
 and clerk of commission, or in his absence the commissioner or commissioners present, shall 
 certify to auditor of public accounts the number of days such commissioner was absent at 
 each meeting or session and auditor shall deduct twice the number of days so certified from 
 time for which salary of such commissioner may be estimated unless such commissioner shall 
 take and file an affidavit in auditor's office that his absence was occasioned by sickness of 
 himself or member of his family or by the prevalence of an epidemic or contagious disease 
 or by means not within his control. Code 1006, sec. 4483. 
 
 68 
 
MONTANA Board of Railroad Commissioners of the 
 
 State of Montana, Helena. Chairman and two commissioners. 
 Elected at general election for six years and until their suc- 
 
 26 cessors are elected and qualified; one every two years. Chair- 
 man elected by members. Qualified electors of Montana. 
 $4,000. Bond of $25,000. Rev. Codes igoy, sees. 436^436^, 
 4367^ 4368. 
 
 NEBRASKA Nebraska State Railway Commission, Lin- 
 
 coln. Chairman and two commissioners. Elected at general 
 election for six years; one every two years. Chairman elected 
 
 87 by members. Thirty years of age; resident citizens of Nebraska; 
 qualified voters. $3,000. Cobbey^s Annot. Stats, ipog, sees. 
 1064Q, 10650. 
 
 NEVADA Railroad Commission of Nevada, Carson City. 
 
 Chairman or chief commissioner, first associate commissioner 
 and second associate commissioner. Appointed by railroad 
 board or a majority of members thereof, consisting of governor, 
 lieutenant-governor and attorney-general, for three years and 
 until his successor is appointed and qualified; one each year. 
 Chief commissioner, an attomey-at-law and well versed in law 
 
 28 of railroad regulation; first associate, a practical railroad man 
 familiar with operation of railroads in general; second associate 
 commissioner, having a general knowledge of railroad fares, 
 freights, tolls and charges; at no time more than two from same 
 political party. Chief commissioner, $5,000; first associate 
 commissioner, $4,000; second associate commissioner, $2,500. 
 Stats, igoj, eh. 44, sees, j, i(a), i{g), i{j), i{k) (all amended by 
 Stats, igii, ch. 193). 
 
 Public Service Commission of Nevada. The Railroad Com- 
 mission of Nevada is ex-officio the Public Service Commission of 
 
 29 Nevada. The business of Public Service Commission shall be 
 kept entirely separate from business of Railroad Commission. 
 Stats, igiiy ch. 162, sec. 2. 
 
 NEW HAMPSHIRE PubHc Service Commission, Concord. Chair- 
 man, clerk, and one commissioner. Appointed by governor by 
 and with consent of council for six years and until his successor 
 
 so is appointed and qualified; one every two years. Chairman ap- 
 pointed and commissioned as such. Chairman, $3,500; clerk, 
 $3,200; commissioner, $3,000. Laws igii, ch. 164, sees. 2(a), 
 2ie), 2{g). 
 
 NEW JERSEY Board of Public Utility Commissioners, Tren- 
 
 ton. President and two commissioners. Appointed by gov- 
 
 si emor by and with advice and consent of senate for six years. 
 President elected annually by members. Thirty years of age; 
 citizens of New Jersey. $7,500. Laws igii, ch. ig^, sees. 1-5. 
 
 69 
 
NEW MEXICO State Corporation Commission, Santa Fe. 
 
 Chairman^ and two commissioners. Elected at general elec- 
 sa tion for six years; one every two years. Chairman elected 
 
 anmially by con^nission. $3,000. Const., art. xi, sec. i. Laws 
 
 igi2, ch. /S, sees, i, 2, 4, 5. 
 
 NEW YORK Public Service Commission, First District, 
 
 New York. Chairman and four commissioners. Appointed by 
 governor by and with advice and consent of senate for five 
 
 33 years; one each year. Chairman designated by governor. 
 Resident of district for which he is a member. $15,000. Laws 
 1910, ch. 480, sees. 4, io{i), 13. 
 
 Public Service Commission, Second District, Albany. 
 
 S4 Constituted in same manner as Public Service Commission, 
 First District. Same, sees. 4, 10(1). 
 
 NORTH CAROLINA Corporation Commission, ^ Raleigh. Chair- 
 man and two commissioners. Elected in same manner as other 
 state officers for six years and imtil their successors are elected 
 
 35 and qualified; one at each general election. Chairman elected 
 by commissioners. $3,000, and in addition $500 as state tax 
 commissioners. PeWs Revisal igo8, sees. 10^4-1056, 1060, 22^4. 
 
 NORTH DAKOTA Board of Railroad Commissioners of the 
 State of North Dakota, Bismarck. President and two com- 
 missioners. Elected at times and places of choosing members 
 of legislative assembly for two years, and until their successors 
 
 36 are elected and qualified. President elected by commissioners. 
 Twenty-five years of age; citizens of United States; electors of 
 North Dakota. $2,000. Bond of $10,000. Const., sec. 82. 
 Rev. Codes 1905, sees. 364, 366, 36^. Laws 1909, ch. 216, sec. 4. 
 
 OHIO PubHc Service Commission of Ohio, Colum- 
 
 bus. Chairman and two commissioners. Appointed by gov- 
 ernor with advice and consent of senate for six years and imtil 
 his successor is appointed and qualified; one every two years. 
 Chairman elected by commissioners for two years in each odd 
 
 37 numbered year and until his successor is elected. One having 
 a general knowledge of railroad law; each of the others hav- 
 ing a general understanding of matters relating to railroad 
 transportation; no more than two from same political party. 
 $6,000. Code 1910, sees. 487, 488, 493, 498. Laws 1911, no. 
 32$, sees. 2, 87. 
 
 OEXAHOMA Corporation Commission, Oklahoma City. 
 
 Chairman and two commissioners. Elected at general election 
 for state officers for six years; one every two years. Chairman 
 
 •8 elected by members. Thirty years of age; resident of Oklahoma 
 
 > In absence, of the chairman commission may appoint any other member to preside. 
 Laws 1012, ch. 78 sec. i. 
 
 * Commission shall be a court of record. Pell's Revisal 1908, sec. 1054. 
 
 70 
 
for over two years next preceding election; qualified voters. 
 $4,000. Const., art. ix, sees, ij, 16, 18(a). Const., Schedule 
 sec. 15. 
 
 OREGON Railroad Commission of Oregon, Salem. 
 
 Chairman and two commissioners. Elected in November as 
 other congressional and state officers are elected for four years 
 and until his successor is elected and qualified; two at the same 
 time, one from first and one from second railroad commission 
 
 39 district, and one from state at large two years later. Chairman 
 elected by commission every two years. $4,000. Bond of $10,- 
 000. Gen. Laws igoj, ch. 53, sees, i, 2 (as amended by Gen. 
 Laws 191 1, ch. 2yg, sec. yg), j, j, 8. 
 
 PENNSYLVANIA State Railroad Commission, Harrisburg. 
 Chairman and two commissioners. Appointed by governor by 
 and with advice and consent of senate for five years ; one each of 
 
 40 three years, two years intervening between each succession of 
 three appointments. Chairman dcvsignated by governor. One 
 shall be learned in law. $8,000. Laws igoj, no. 2 jo, sees, i, 
 5. 23. 
 
 RHODE ISLAND PubHc Utilities Commission, Providence. 
 Chairman and two commissioners. Appointed by governor by 
 and with advice and consent of senate for six years; one every 
 
 41 two years. Chairman elected by commissioners upon appoint- 
 ment of any commissioner for a new term or whenever vacancy 
 occurs. Qualified electors of Rhode Island. Chairman, $4,000; 
 commissioners, $3,500 each. Acts 1912, ch. jgj, sees, j, 4, 7. 
 
 SOUTH CAROLINA The Railroad Commission, Columbia. 
 
 Three. Elected at general election for six years; one every two 
 
 42 years. Twenty-five years of age. $1,900. Const., art ix, sec. 
 14. Gen. Stats. igo2, sees. 2063, 2064. Laws i8gj, no. 304, 
 sec. I. 
 
 Public Service Commission. Three. Appointed by gov- 
 ernor by and with consent of senate for six years and until suc- 
 cessors are appointed and qualified; one every two years. 
 
 43 Reputable and competent citizens of South Carolina. Ten 
 dollars a day when actually employed. Bond of $1,000. Laws 
 igio, no. 286, sees, i, 4, 5. 
 
 SOUTH DAKOTA Board of Railroad Commissioners of the State 
 of South Dakota, with office at some central point to be selected 
 . by majority of commissioners (Pierre). Three. Elected at 
 general election for six years and until his successor is elected 
 and qualified, one from each of three railroad commissioner dis- 
 tricts; one every second year. Twenty-five years of age; a 
 
 44 resident of South Dakota for at least two years next preceding 
 his election, and at time of election a resident of district for which 
 
 71 
 
he is elected; citizen of the United States; qualified elector of 
 South Dakota. $1,500. Bond of $5,000. Rev. Pol. Code 1Q03, 
 sees. 186, i8y, i8g-igi, ip4, igs (as amended by Sess. Laws 
 igoy, ch. 208). 
 
 TENNESSEE Railroad Commission of the State of Ten- 
 
 nessee, Nashville. Chairman and two commissioners. Elected 
 at the regular election in November for six years; one every two 
 
 46 years. Chairman elected by members every two years. Twenty- 
 five years of age; resident citizens of Tennessee; qualified voter. 
 $2,000. Bond of $20,000. Acts i8gy, ch. 10, sees. 7, 2, j (as 
 amended by Acts igoy, ch. jgo, sec. i), 4. 
 
 TEXAS Railroad Commission of Texas, Austin. 
 
 Chairman and two commissioners. Elected at general election 
 for state officers for six years; one every two years. Chairman 
 
 46 elected by commissioners. Twenty-five years of age; residents 
 of Texas; qualified voters. $4,000. Const., art. xvi, sec. jo. 
 
 '' Sayles' Civ. Stats. i8gy, arts. 4561, 456 i{i), 4561 {5). 
 
 VERMONT Public Service Commission, Newport. Chair- 
 
 man and two commissioners. Appointed by governor with 
 advice and consent of senate for six years; one every two years. 
 
 47 Chairman designated by governor every two years. Chair- 
 man, $2,200; each commissioner, $1,700. Pub. Stats. igo6, sees. 
 45gi\ 45g2y 6iy2 {as amended by Laws igo8, no. 116, sec. 21). 
 Laws igo8, no. 116, sec. i. 
 
 VIRGINIA State Corporation Commission,^ Richmond. 
 
 Chairman and two commissioners. Appointed by governor 
 subject to confirmation by general assembly in joint session for 
 
 48 six years; one every two years. Chairman elected annually by 
 commission. At least one commissioner with same qualifica- 
 tions as are required for judges of supreme court of appeals; 
 citizen of Virginia. Not less than $4,000. Const., sec. 155. 
 
 WASHINGTON The Public Service Commission of Washing- 
 
 ton, Olympia. Chairman and two commissioners. Appointed 
 by governor by and with advice and consent of senate for six 
 
 46 years and until his successor shall have been appointed and 
 qualified; one every two years. Chairman elected. $5,000. 
 Bond of $20,000. Laws igii, ch. iiy, sees. 2, j, 6. 
 
 WISCONSIN Railroad Commission of Wisconsin, Madison, 
 
 Chairman and two commissioners. Appointed by governor by 
 and with advice and consent of senate for six years and until 
 
 » After January i, 1908,. general assembly may provide for election of members of 
 commission, in which event vacancies thereafter occurring shall be filled as hereinbefore 
 provided until the expiration of twenty days after the ne.xt general election, held not less 
 than sixty days after vacancy occurs, at which election vacancies shall be filled for residue 
 of unexpired term. Const., sec. 155. , 
 
 General assembly may establish within the department, and subject to the supervision 
 and control of commission, subordinate divisions or bureaus of insurance, banking or 
 other special branches of the business of that department. Same. 
 
 72 
 
his successor is appointed and qualified; one every two years. 
 Chairman elected by commissioners on second Monday of 
 50 February in each odd numbered year for two years and until 
 his successor is elected. One having a general knowledge of 
 railroad law, each of the others having a general understanding 
 of matters relating to railroad transportation. $5,000. Laws 
 1905, ch. 362, sees. i797-i{J), ijgy-iik). Laws igoj, ch. ^82, 
 sees. 1797-1^ i797'i{(^), ^797-Ai). i797-i{g)- 
 
 B. QUORUM OF COMMISSION. 
 
 I. Majority Constitutes Quorum. 
 
 f UNITED STATES, ARIZONA, ARKANSAS, CALIFORNIA, IN- 
 DIANA, IOWA, KENTUCKY, MARYLAND, MICHIGAN, 
 MINNESOTA, MISSISSIPPI, MISSOURI, MONTANA, NE- 
 VADA, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH 
 CAROLINA,! NORTH DAKOTA, OHIO, OKLAHOMA, ORE- 
 GON, PENNSYLVANIA, RHODE ISLAND, SOUTH CARO- 
 LINA, SOUTH DAKOTA, TENNESSEE, TEXAS, VERMONT, 
 VIRGINIA, WASHINGTON, WISCONSIN 
 
 Majority shall constitute quorum to transact 
 business. U. S. — Act to regulate Commerce, sec. 17; Ariz. — 
 Sess. Laws 1912, ch. 90, sec. 9; Ark. — Kirby^s Digest 1904, sec. 
 679 j; Cat. — Stats. 191 1, ist ex. sess., ch. 14, sec. 9; Ind. — Acts 
 1907, ch. 241, sec. 2{a); la. — Code 1897, sec. 2142; Ky. — Car- 
 roll's Stats. 1909, sec. 821; Md. — Laws 1910, ch. 180, sec. 4; 
 Mich. — Puh. Acts 1909, no. joo, sec. 2{f); Minn. — Rev. Laws 
 1905, sec. 1958; Miss. — Code 1906, sec. 4828; Mo. — Rev. Stats. 
 1909, sec. 3205; Mont. — Rev. Codes 1907, sec. 4365; Nev. — 
 61 Stats. 1907, ch. 44, sec. i(a), as amended by Stats. 19 11, ch. 193; 
 N. J. — Laws 191 1, ch. 195, sec. 13; N. M. — Laws 1912, ch. 78, 
 sec. 5; N. Y. — Laws 1910, ch. 480, sec. 11; N. C. — PelVs Re- 
 visal 1908, sec. 1062; N. D. — Rev. Codes 1905, sec. 4362; Ohia^ 
 Code 1 9 10, sec. 495; Okla. — Const., art. ix, sec. i8{a); Ore. — 
 Gen. Laws 1907, ch. 53, sec. 4; Pa. — Laws 1907, no. 2 jo, sec. 5; 
 R. I. — Acts 1912, ch. 79 j, sec. 8; S. C. — Gen. Stats. 1902, sec. 
 2064, S. D. — Rev. Pol. Code 1903, sec. 192; Tenn. — Acts 1897, 
 ch. 10, sec. 2; Tex. — Sayles' Civ. Stats. 1897, art. 4561 {5); Vt. — 
 Pub. Stats. 1906, sec. 4596, as amended by Laws 1910, no. ijj, 
 sec. i; Va. — Const., sec. ijj; Wash. — Laws 191 1, ch. 117, sec. 
 7; Wis. — Laws 1907, ch. 582, sec. i797-i{g). 
 
 Two members of the board of railroad commissioners can act in the 
 absence of the third member. City of Worcester vs. Board of Railroad 
 Commissioners, iij Mass. 161. 
 
 • The chairman is authorized and empowered to perform the duties and exercise the 
 powers conferred by law upon commission as to or over banks and building and loan asso- 
 ciations, but this shall not prevent, as to banking and building and loan associations, the 
 other members of court from acting with the chairman in all of such matters. Pell's Revisal 
 1008, sec. 1062. 
 
 73 
 
2. Powers of Less Than Entire Membership. 
 
 UNITED STATES, ARIZONA, CALIFORNIA, MICHIGAN, MIN- 
 NESOTA, OfflO, OREGON, PENNSYLVANIA, VIRGINIA, 
 WISCONSIN No vacancy shall impair the right of remaining 
 
 commissioners to exercise all the powers of commission. U. S. — 
 
 52 Act to Regulate Commerce, sec. ii; Ariz. — Sess. Laws igi2, ch. 
 go, sec. g; Cat.- — Stats, igii, ist ex. sess., ch. 14, sec. g, Mich. — 
 Pub. Acts igog, no. joo, sec. 2(f); Minn. — Rev. Laws igoj, sec. 
 igj8; Ohio — Code igio, sec. 4g3; Ore. — Gen. Laws igoy, ch. 
 5j, sec. 4, Pa. — Laws igoy, no. 2^0, sec. i; Va. — Const., sec. 
 156; Wis. — Laws igo'j, ch. 582, sec. lygy-iig). 
 
 J. Powers of Single Commissioner. 
 
 NEVADA In event of disability or disqualification of 
 
 two commissioners or existence of two vacancies at same time, 
 
 58 the remaining commissioner shall have power of a majority and 
 his official acts shall stand as acts of commission. Stats, igoy, 
 ch. 44, sec. I (a), as amended by Stats, igii, ch. igj. 
 
 C. OATH OF OFFICE OF MEMBERS. 
 
 ALABAMA, ARIZONA, ARKANSAS, CALIFORNIA, CONNECTI- 
 CUT, FLORIDA, GEORGL^, ILLINOIS, INDIANA, IOWA, 
 KANSAS, KENTUCKY, MARYLAND, MASSACHUSETTS,^ 
 MICHIGAN, MINNESOTA, MISSOURI, MONTANA, NE- 
 BRASKA, NEVADA, NEW YORK, NORTH CAROLINA, NORTH 
 DAKOTA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, 
 RHODE ISLAND, SOUTH CAROLINA, SOUTH DAKOTA, 
 TENNESSEE, TEXAS, VERMONT, WASHINGTON, WIS- 
 CONSIN Commissioners shall take and subscribe to 
 the constitutional oath of office, and such additional oaths as are 
 prescribed. Ala. — Code igoy, sec. 5637; Ariz.' — Sess. Laws igi2, 
 ch. go, sec. 7; Ark. — Kirby^s Digest igo4, sec. 6yg2; Cat. — Stats, 
 igii, ist ex. sess., ch. 14, sec. 7; Conn. — Pub. Acts'igii, ch. 128, 
 sec. 2; Fla. — Gen. Stats. igo6, sec. 2886; Ga. — Code igii, sec. 
 26 1 g; III. — Revisal igog, ch. 114, sec. i6g; Ind. — Acts igo7, ch, 
 241, sec. i{d); la.— Code i8gy, sec. 2111; Kan. — Laws igii, 
 ch. 2j8, sec. 8; Ky. — Carroll's Stats, igog, sec. 822; Md. — Laws 
 igio, ch. 180, sec. 2; Mass. — Rev. Laws igo2, ch. 121, sec. i. 
 
 64 Acts igo6, ch. 46 j, pt. i, sec. i; Mich. — Pub. Acts igog, no. joo, 
 sec. 2(d); Minn. — Rev. Laws igoj, sec. igjd, as amended by Laws 
 igii, ch. 140; Mo. — Rev. Stats, igog, sec. 3261; Mont. — Rev. 
 Codes I go'/, sec. 4364; Neb. — Cobbey's Annot. Stats, igog, sec. 
 io64g; Nev. — Stats, igoy, ch. 44, sec. i{i), as amended by Stats, 
 igii, ch. ig3; N. Y. — Laws igio, ch. 480, sec. g; N. C. — PelVs 
 Revisal igo8, sec. loj^g; N. D. — Rev. Codes igoj, sec. 366; Ohio — 
 Code igio, sec. 4go; Okla. — Const., art. ix, sec. 17; Ore. — Gen. 
 Laws igoy, ch. 53, sec. 2, as amended by Laws igii, ch. 2'jg, 
 
 i Gas and Electric Commission and Railroad Commission. 
 
 74 
 
sec. 7p; Pa. — Laws 1907, no. 250, sec. 4; R. I. — Acts 1912, ch. 
 7P5, sec. j; S. C. — Gen. Stats. igo2, sec. 2063; ^' ^' — -^^^- P^^- 
 Code 1903, sec. 194; Tenn. — Acts 1897, ch. 10, sec. 4; Tex. — 
 Sayles' Civ. Stats. 1897, art. 4^61(4); Vt. — Puh. Stats. 1906, sec. 
 4595) Wash. — Laws 1911, ch. 117, sec. 3; Wis. — Laws 1907, 
 ch.' 582, sec. 17 97- 1 {e). 
 
 D. REMOVAL OR SUSPENSION OF MEM- 
 BERS 
 
 I. Person Authorized to Remove Members. 
 
 The person, persons or body authorized to remove commis- 
 sioners from office are as follows : 
 
 UNITED STATES — president. Act to Regulate Commerce, sec. i; ALABAMA— 
 Supreme court. Code 1907, sec. 5639; ARKANSAS, FLORIDA, ILLINOIS, INDIANA, 
 KANSAS, MARYLAND, MICHIGAN, MINNESOTA, NEW JERSEY, NEW YORK, 
 OmO, SOUTH CAROLINA, WASHINGTON and WISCONSIN— governor. Ark.— 
 Kirby's Digest 1904, sec. 6789; Fla. — Gen. Stats. 1906, sec. 2884; III. — Revisal 1909, ch. 
 114, sec. 168; Ind. — Acts 1907, ch. 241, sec. i{c); Kan. — Laws 191 1, ch. 238, sec. 8; Md. — 
 Laws 1910, ch. 180, sec. 2; Mich. — Pub. Ads 1909, no. 300, sec. 2{b); Minn. — Rev. Laws 
 J905, sec. 1957; N. J. — Laws 1911, ch. 195, sec. 2; N. Y. — Laws 1910, ch. 180, sec. 4; 
 Ohio — Code 1910, sec. 491; S. C. — Laws 1910, no. 286, sec. 5; Wash. — Laws 1911. ch. 117, 
 sec. 2; Wis. — Laws 1907, ch. 582, sec. i797-i{b); CALIFORNIA — ^legislature, by a two- 
 
 65 thirds vote of all members elected to each house. Stats. 191 1. ist ex. sess., ch. 14, sec. j(6); 
 CONNECTICUT— superior court. Pub. Acts 1911, ch. 128. sec. j; GEORGIA— majority 
 of each branch of general assembly. Code 1911, sec. 2618; ElENTUCKY — general assem- 
 bly. Const., sec. 209; MASSACHUSETTS (Gas and Electric Commission) — governor, 
 with advice and consent of council. Rev. Laws 1902, ch. 121, sec. i, as amended by Acts 
 1907, ch. 316; NEVADA — ^railroad board consisting of governor, lieutenant-governor and 
 attorney-general. Stats. 1907, ch. 44, sec. i(Jb), as amended by Slats. 1911, ch. 193; NEW 
 HAMPSHIRE — governor and council. Laws 191 1, ch. 164, sec. 2(,c); OREGON 1 — gover- 
 nor, secretary of state and state treasurer. Gen. Laws 1907, ch. 53, sec. 2, as amended by 
 Gen. Laws 1911, ch. 279, sec. 79; RHODE ISLAND — governor, with advice and consent 
 of senate. Acts 1912, ch. 795, sec. 5. 
 
 2. Cause of Removal. 
 Causes for removal of members of commission follow : 
 
 UNITED STATES, CONNECTICUT, INDIANA, MARYLAND, MICHIGAN, MINNE- 
 SOTA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, OHIO, OREGON, 
 RHODE ISLAND, WASHINGTON and WISCONSIN— inefficiency, neglect of duty, mis- 
 conduct or malfeasance in office. U. S. — Act to Regulate Commerce, sec. 11; Conn. — Pub. 
 Acts 1911, ch. 128, sec. 5; Ind. — Acts 1907, ch. 241, sec. i(c); Md. — Laws X910, ch. 180,. 
 sec. 2; Mich. — Pub. Acts 1909, no. 300, sec. 2(b): Minn. — Rev. Laws 1905, sec. 19571 Nev. — 
 Stats. 1907, ch. 44, sec. lib), as amended by Stats. 1911, ch. 193; N. H. — Laws 191 1, ch. 
 164, sec. 2{c); N. J. — Laws 1911, ch. 195, sec. 2; N. Y. — Laws 1910, ch. 480, sec. 4; 
 ■ Ohio — Code 1910, sec. 491; Ore. — Gen. Laws 1907, ch. 53, sec. 2, as amended by Gen. Laws 
 1911, ch. 279, sec. 79; R. I. — Ads 1912, ch. 795, sec. 5; Wash. — Laws 1911, ch. 117, sec. 2; 
 Wis.— Laws 1907, ch. 582, sec. 1797-iQ}); ALABAMA and MISSISSIPPI— directly or 
 indirectly accepting any gift, gratuity, emolument or employment from any carrier. Ala. — 
 
 66 Code 1907, sec. 5639; Miss. — Code 1906, sec. 4827; ARKANSAS — ^failure of member to 
 divest himself of interest in any utility. Kirby's Digest 1904, sec. 6789; KANSAS and 
 NEW HAMPSHIRE — failure of member to divest himself of interest in any utility within 
 a reasonable time. Kan. — Laws 191X, ch. 238, sec. 8; N. H. — Laws 1911, ch. 164, sec. 
 
 1 Commissioner cannot be removed but must be recalled by a majority or plurality 
 vote of electors, in which event his successor must be elected at the same time. 
 
 75 
 
2(c); FLORIDA — malfeasance, misfeasance, neglect of duty, drunkenness or incompetency; 
 OHIO — ^failure of member to divest himself of interest in any utility within 30 days. 
 Code jgio, sec. 488; CALIFORNIA — dereliction of duty, corruption or incompetency. 
 Stats. iQii, ist ex. sess., ch. 14, sec. jib); CONNECTICUT — active participation in politics. 
 Pub. Acts IQII, ch. 128, sec. 5; KENTUCKY, MASSACHUSETTS (Gas and Electric Com- 
 mission), RHODE ISLAND — for cause shown. Ky. — Const., sec. 209; Mass. — Rev. Laws 
 1902, ch. 121, sec. I, as amended by acts 1907, ch. 316; R. I. — Acts 1912, ch. 795, sec. 5; 
 MONTANA — failure to perform duties of office. Rev. Codes 1907, sec. 4397; NEW HAMP- 
 SHIRE — ^voluntarily becoming interested pecuniarily in any utility or holding another 
 political office. Laws ign, ch. 164, sec. 2(6). 
 
 J. Procedure. 
 
 Procedure in cases of the removal of a commissioner is as 
 follows: 
 
 CONNECTICUT — commissioner shall be removed only after judgment of superior 
 court rendered upon written complaint of attorney-general filed in his discretion or when 
 so directed by governor or if so requested in writing by one hundred electors. Upon the filing 
 of complaint, a rule to show cause shall issue to accused who may make answer within such 
 time as court may limit and may be heard in his own defense by witnesses and counsel. Pro- 
 cedure shall be similar to that in civil actions but such complaint shall be privileged in order 
 and trial and heard as soon as practicable. Pub. Acts 1911, ch. 128, sec. 5; INDIANA, 
 MINNESOTA and NEW HAMPSHIRE — commissioner shall be given notice, a copy of 
 charges against him and an opportimity of being heard in his own defense. Ind. — Acts 
 1907, ch. 241, sec. i{c); Minn. — Rev. Laws 1905, sec. 1957 '< ^- H. — Laws 1911, ch. 164, 
 sec. 2{c); KENTUCKY and VIRGINIA — ^procedure same as in case of removal or impeach- 
 ment of judges of court of last resort. Ky. — Const., sec. 209; Va. — Const., sec. 155; MARY- 
 
 67 LAND, MICHIGAN, NEVADA, NEW YORK, OHIO, OREGON.i WASHINGTON and 
 WISCONSIN — before commissioner shall be removed he shall be given a copy of charges 
 against him and time shall be fixed when he can be publicly heard in his own defense which 
 shall not be less than ten days thereafter* if commissioner shall be removed the person or 
 persons authorized to make such removal shall file in office of secretary of state a com- 
 plete statement of all charges against such commissioner and findings thereon with a record 
 of the proceedings. Md. — Laws 1910, ch. 180, sec. 2; Mich. — Pub. Acts 1909, no. 300, 
 sec. 2(b); Nev. — Stats. 1907, ch. 44, sec. i(b), as amended by Stats. 191 1, ch. 193; N. Y. — 
 Laws 1910, ch. 480, sec. 4; Ohio — Code 1910. sec. 491; Ore. — Gen. Laws 1907, ch. 53, sec. 2, 
 as amended by Gen. Laws 1911. ch. 279, sec. 79; Wash. — Laws 1911, ch. 117, sec. 2; Wis. — 
 Laws 1907, ch. 582, sec. 1 797-1 (b); MASSACHUSETTS (Gas and Electric Commission)— 
 commissioners shall be given notice and hearing. Rev. Laws 1902, ch. 121, sec. i, as amended 
 by Acts 1907, ch. 316; NEW JERSEY — commissioner shall be given a copy of charges 
 against him and an opportunity of being publicly heard in person or by counsel in his own 
 defense upon not less than ten days' notice. Laws 1911, ch. 195, sec. 2. 
 
 4. Person Authorized to Suspend Members; Cause of Suspension. 
 
 The person authorized to suspend commissioners and the 
 causes of suspension are as follows: 
 
 ARKANSAS — commissioner may be suspended for failure to remove disqualifications 
 or to resign. Kirby's Digest 1904, sec. 6789; FLORIDA — commissioner may be suspended 
 ■iV govemor.2 Gen. Slats. 1906, sec. 2886; GEORGIA — upon failure to remove disqualifi- 
 
 68 cations or to resign commissioner must be suspended by governor who may fill the vacancy 
 until suspended commissioner is restored or removed; any commissioner may be suspended 
 by governor, who shall report the suspension and the reason therefor to the next general 
 assembly. Code jqii, sec. 2618; MONTANA — upon complaint and for cause shown gov- 
 ernor may suspend commissioner and if necessary may appoint temporarily some com- 
 petent person to fill vacancy during period of suspension. Rev. Codes 1907. sec. 4397. 
 
 NORTH CAROLINA— 5« par. 101. 
 
 » Commissioner can only be removed by a recall petition signed by 25 per cent of 
 the legal voters of his district and by special election called for the purpose of electing 
 his successor. 
 
 3 Suspension to terminate at end of next session of senate unless officer be removed by 
 senate on recommendation of governor. 
 
 76 
 
5- Vacation of Office. 
 
 Manner in which commissioners vacate office and causes of 
 vacation of office are as follows : 
 
 ALABAMA — if commissioner shall fail or refuse for thirty days to qualify his office becomes 
 vacant. Code 1907, sec. 5635; ARKANSAS — commissioner vacates office upon failure to 
 divest himself within reasonable time of interest in any railroad. Kirby's Digest 1904, sec. 
 6789; ARIZONA, CALIFORNIA, MICHIGAN, NEBRASKA, NEVADA, OHIO, OKLA- 
 HOMA, OREGON, TEXAS and WISCONSIN— if any commissioner shall voluntarily 
 become interested in any utility his office shall ipso facto become vacant; if he shall become 
 so interested otherwise than voluntarily he shall within a reasonable time divest himself 
 
 59 of such interest; failing so to do his office shall become vacant. Ariz. — Sess. Laws 191 2, 
 ch. 90, sec. 7; Cal. — Stats. 1911, ist ex. sess., ch. 14, sec. 7; Mich. — Pub. Acts 1909, no. 300, 
 sec. 2(c); Neb. — Cobbey's Annot. Stats. 1909, sec. 10649; Nev. — Stats. 1907, ch. 44, sec. 
 i(c), as amended by Stats. 1911, ch. 197; Ohio — Code 1910, sec. 488; Okla. — Const., art. ix, 
 sec. 16; Ore. — Gen. Laws 1907, ch. 53, sec. 2, as amended by Gen. Laws 1911, ch. 279, sec. 
 79; Tex. — Sayles' Civ. Stats. 1897, art. 4361(1) ; Wis. — €aws 1907, ch.582, sec. 17 97-1 {c). 
 
 NEVADA — See also par. 3746. 
 NORTH CAROLINA— 5ec par. loi. 
 
 6. Forfeiture and Impeachment.^ 
 
 Manner and causes of impeachment and forfeiture of office 
 of commissioners are as follows: 
 
 ALABAMA — commissioners may be impeached and removed by the supreme court 
 for any cause and in manner specified by law for impeachment and removal of other state 
 officers. Code 1907, sec. 5639; MISSISSIPPI — commissioner shall forfeit office and may 
 
 60 be impeached and removed for any cause specified by law for impeachment of other state 
 officers and upon conviction shall be fined $1,000 to $10,000 or imprisoned in penitentiary 
 or both. Code 1906, sec. 4827; SOUTH DAKOTA — if any commissioner shall wilfully 
 neglect or refuse to perform duties imposed upon him he shall be deemed guilty of a mis- 
 demeanor and in addition to the punishment provided by law shall be subject to criminal 
 prosecution and upon conviction shall forfeit office. Sess. Laws 1911, ch. 207, sec. 47. 
 
 E. MANNER OF FILLING VACANCIES. 
 
 Vacancies in commission are filled in the man« 
 ner described: 
 
 In elective commissions: ARIZONA, GEORGIA, MINNESOTA, MISSOURI, MON- 
 TANA, NEBRASKA, NORTH CAROLINA, OKLAHOMA, SOUTH CAROLINA, SOUTH 
 DAKOTA, TENNESSEE and TEXAS— vacancy shall be filled by appointment by governor 
 until next general election when commissioner shall be elected for unexpired term. Ariz. — 
 Const., art. xv, sec. i. Sess. Laws 1912, ch. 90, sec. 3(b); Ga. — Code 1911, sec. 2617; Minn. — 
 Rev. Laws 1903, sec. 1934; Mo. — Rev. Stats. 1909, sec. 3230; Mont. — Rev. Codes 1907, sec. 
 4363; Neb. — Cobbey's Annot. Stats. 1909, sec. 10649; N. C. — PeU's Revisal 1908, sec. 1037; 
 61 Okla.— Const., art. ix, sec. 13; S. C.—Gen. Stats. 1902, sec. 2063; S. D.—Rev. Pol. Code 
 1903, sec. 188; Tenn. — Acts 1897, ch. 10, sec. i; Tex. — Const., art. xvi, sec. 30; ALABAMA, 
 ARKANSAS and FLORIDA — vacancy shall be filled by appointment by governor. Ala. — 
 Code 1907, sec. 3633; Ark. — Kirby's Digest 1904, sec. 6791; Fla. — Gen. Slats. 1906, sec. 
 2884; KENTUCKY — vacancy shall be filled in manner provided in constitution. Const., 
 sec. 209; OREGON— vacancy shall be filled by appointment by governor, secretary of 
 state and state treasurer. Gen. Laws 1907, ch. 53, sec. i, as amended by Gen. Laws 1911* 
 ch. 279, sec. 79. 
 
 > MISSOURI — If commissioners shall fail or refuse to perform any act or duty required 
 of them by sections 3179-3207, they shsdl be liable to proceedings in mandamus to com- 
 pel the performance of such act or duty, and in addition thereto shall be liable to such fine 
 as the court may impose, not exceeding $500. Rev. Stats. 1909, sec. 3205- 
 
 77 
 
in commissions chosen by appointment and confirmation: CONNECTICUT, MICH- 
 IGAN, NEW HAMPSHIRE, OHIO, PENNSYLVANIA, RHODE ISLAND, VERMONT, 
 VIRGINIA and WISCONSIN — governor or other oIKcer authorized to make original appoint- 
 ment shall make appointment to fill vacancy subject to confirmation of senate or other orig- 
 inal ratifying body. Conn. — Pub. Acts igii, ch. 128, sec. 3; Mich. — Pub. Acts igog, no. 
 300, sec. i; N. H. — Laws iQii, ch. 164 sec. 2(0); Ohio — Code 1910, sec. 492; Pa. — Laws 
 1907, no. 250, sec. i; R. I. — Acts 1912 ch. 795, sec. 6; Vt. — Pub. Stats. 1906, sec. 4592; 
 
 62 Va. — Const., sec. 155; Wis. — Laws 1907, ch. 582, sec. 1797-1; COLORADO, KANSAS and 
 WASHINGTON— governor or other officer authorized to make original appointment shall 
 make appointment to fill vacancy. C6L. — Laws 1910, sp. sess.. ch. 5, sec. 11; Kan. — Laws 
 1911. ch. 238. sec. 5; Wash.— Laws 1911, ch. 117, sec. 2; UNITED STATES and NEW 
 YORK — vacancy shall be filled by appointment. U. S. — Act to Regulate Commerce sec. 24; 
 N. Y. — Laws 1910, ch. 480, sec. 4; NEW JERSEY— vacancy shall be filled. Laws 1911, 
 ch. 195, sec. 2. 
 
 In commissions chosen by appointment: CALIFORNIA, INDIANA, MARYLAND and 
 NEVADA — governor or other officer or officers authorized to make original appointment 
 
 63 shall make appointment to fill vacancy. Cal. — Stats, igii, isl ex. sess. ch. 14, sec. 3(b); 
 Ind. — Acts 1907, ch. 241, sec. i{c); Md. — Laws, 1910, ch. 180, sec. 2; Nev. — Stats. 1907, 
 ch. 44, sec. I, as amended bf Stats, igii, ch. 193. 
 
 F. RIGHT TO SUE AND BE SUED. 
 
 CALIFORNIA Commission may sue in the name of the peo- 
 
 64 pie of the State of California. Stats, igii, ist. ex. sess., ch. 14, 
 sec. 72. 
 
 COLORADO Commission may sue and be sued in its 
 
 66 official name. Laws igio, sp. sess. ch. 5, sec. 12. 
 
 MICmOAN, NEVADA, OfflO, OREGON, WISCONSIN 
 
 Commission may sue and be sued in its offi- 
 cial name. Mich. — Puh. Acts iQog, no. 300, sec. 2{j); Nev. — 
 66 Stats. iQoy, ch. 44, sec. i{j), as amended by Stats. 191 1, ch. igj; 
 Ohio — Code ipio, sec. 487; Ore. — Gen. Laws igoy, ch. 53, sec. 7; 
 Wis. — Laws 1905, ch. 362, sec. i^gy-iij). 
 
 G. OFFICIAL SEAL. 
 
 UNITED STATES, ALABAMA, ARIZONA, ARKANSAS, CALI- 
 FORNIA, COLORADA, ILLINOIS, INDIANA, IOWA, KAN- 
 SAS, MARYLAND, MICHIGAN, MINNESOTA, MISSIS- 
 SIPPI, MISSOURI, MONTANA, NEBRASKA, NEVADA, 
 NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH 
 CAROLINA, NORTH DAKOTA, OHIO, OREGON, PENN- 
 SYLVANIA, RHODE ISLAND, SOUTH DAKOTA, TEXAS, 
 VERMONT, WASHINGTON, WISCONSIN 
 
 Commission shall have an official seal of which 
 courts shall take judicial notice, in the form described in the 
 statute. U. S. — Act to Regulate Commerce, sec. 17; Ala. — Code 
 1907, sec. 5637; Ariz. — Sess. Laws 191 2, ch. 90 ^ sec. 8{b); Ark. — 
 
 •7 Kirhys Digest 1904, sec. 6793; Cal. — Stats. 191 1, ist ex. sess., 
 ch. 14, sec. 8{b); Col. — Laws 1910^ sp. sess., ch. 5, sec. 12; III. — 
 
 7« 
 
Revisal igog, sec. 203; Ind. — Acts igoy, ch. 241, sec. 2(0); la. — 
 Code i8gy, sec. 2142; Kan. — Gen. Stats, igog, sec. 7184; Md. — 
 Laws igio, ch. 180, sec. 4; Mich. — Puh. Acts igog, no. joo, sec. 
 2 (J); Minn. — Rev. Laws igo^, sec. ig6i; Miss. — Code igo6j 
 sec. 4830; Mo. — Rev. Stats, igog, sec. 3262; Mont. — Rev. Codes 
 igoj, sec. 4366; Neh. — C abbey's Annot. Stats, igog, sec. 106 jo; 
 Nev. — Stats, igoy, ch. 44, sec. i{j), as amended by Stats, igii, 
 ch. ig3; N. H. — Laws igii, ch. 164, sec. 2{j); N. J. — Laws 
 igii, ch. igj, sec. 11; N. Y. — Laws igio, ch. 480, sec. io{i); 
 N. C. — PeWs Revisal igo8, sec. 1054; N. D. — Rev. Codes igoj, 
 sec. 4362; Ohio — Laws igii, no. 325, sec. yg; Ore. — Gen. Laws 
 igoy, ch. 5j, sec. 7; Pa. — Laws igoj, no. 2$o, sec. 5; R. I. — 
 Acts igi2, ch. 7g5, sec. 7; S. D. — Rev. Pol. Code igo3, sec. ig2; 
 Tex. — Sayles' Civ. Stats. i8g'/, art. 4^6 i{j); Vt. — Pub. Stats. 
 igo6, sec. 4Sg7', Wash. — Laws igii, ch. 117, sec. 6; Wis.— Laws 
 igo5, ch. 362, sec. I7g7-i{j). 
 
 H. DISQUALIFICATIONS FOR MEMBER- 
 SHIP. 
 
 I. Interest in any Utility. 
 
 AIUCANSAS, CONNECTICUT, FLORIDA, GEORGIA, ILLINOIS, 
 IOWA, KANSAS, KENTUCKY, LOUISIANA, MASSACHU- 
 SETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, MIS- 
 SOURI, MONTANA, NEBRASKA, NEVADA, NEW HAMP- 
 SHIRE, NEW MEXICO, OHIO, OKLAHOMA, OREGON, 
 PENNSYLVANIA, SOUTH DAKOTA, TENNESSEE, TEXAS, 
 VIRGINIA No person employed by or connected with or 
 
 holding any official relation to or owning stocks or bonds of or 
 having any direct or indirect or pecuniary interest in any public 
 utility of the kind over which commission has jurisdiction shall 
 be eligible to enter upon the duties or fill the office of commis- 
 sioner. Ark. — Kirby's Digest igo4, sec. 67 8g; Conn. — Gen. Stats. 
 
 68 igo2, sec. 3878; Fla. — Gen. Stats. igo6, sec. 2885; Ga. — Code 
 igii, sec. 2620; III. — Revisal igog, ch. 114, sec. 237; la. — Laws 
 igii, ch. g4, sec. 2; Kan. — Laws igii, ch. 238, sec. 8; Ky. — 
 Const., sec. 2og; La. — Const:, art. 288, as amended by Stats. igo7, 
 no. 15; Mass. — Rev. Laws igo2, ch. 121, sec. i, as amended by 
 Acts igo7, ch. 316. Acts igo6, ch. 433, sec. i. Acts igo6, ch. 
 463, pt. i, sec. i; Mich. — Pub. Acts igog, no. 300, sec. 2(c); 
 Minn. — Rev. Laws igoj, sec. ig55; Miss. — Code igo6, sec. 4826; 
 Mo. — Rev. Stats, igog, sec. 3250; Mont. — Rev. Codes igo7, sec. 
 4363; Neb. — C abbey's Annot. Stats, igog, sec. io64g; Nev. — • 
 Stats. igo7, ch. 44, sec. i{c), as amended by Stats, igii, ch. ig3; 
 N. H. — Laws igii, ch. 164, sec. 2(b); N. M. — Const., art. xi, 
 sec. 3; Ohio. — Code igio, sec. 488; Okla. — Const., art. ix, 
 sec. 16; Ore. — Gen. Laws igo7, ch. 53, sec. 2, as amended by Gen. 
 Laws igii, ch. 27g, sec. 7g; ' Pa. — Laws igo7, no. 250, sec. 4; 
 S. D. — Rev. Pol. Code igo3, sec. i8g; Tenn. — Acts i8g7, ch. 10, 
 
 79 
 
sec. 4; Tex. — Sayles^ Civ. Stats. iSgy, art. 4^6 i{i); Va. — Const. y 
 sec. ijj. 
 
 A person is not "interested," under public stats. 1901, Chap. 155, 
 Sec. I, unless his interest prevents him from being "indifferent," so 
 that a depositor in a bank owning railroad stock is not so "interested " 
 that he cannot be a railroad commissioner. In re Opinion of Justices, 
 75 (N. H.) 613. 
 
 2. Interest in any Utility under Jurisdiction of Commission. 
 
 UNITED STATES, ALABAMA, ARIZONA, CALIFORNIA, COLO- 
 RADO, MARYLAND, NEW YORK, NORTH DAKOTA, 
 RHODE ISLAND, SOUTH CAROLINA, VERMONT 
 
 No person employed by or connected with or 
 holding any official relation to or owning stocks or bonds of or 
 having any direct or indirect or pecuniary interest in any utility 
 over which commission has jurisdiction shall be eligible to enter 
 
 69 upon the duties or fill the office of commissioner. U . S. — Act 
 to Regulate Commerce, sec. 11; Ala. — Code iQoy, sec. j6j8; 
 Ariz. — Sess. Laws 1Q12, ch. go, sec. j; Cal. — Stats, igii, ist ex. 
 sess., ch. 14, sec. 7; Col. — Laws igio, sp. sess., ch. 5, sec. 11; 
 Md. — Laws igio, ch. 180, sec. 2; N. Y. — Laws igio, ch. 480, 
 sec. g; N. D. — Rev. Codes igoj, sec. 365; R. I. — Acts igi2, ch. 
 yg^, sec. 4; S. C. — Gen. Stats. 1Q02, sec. 206 j; Vt. — Pub. Stats. 
 igo6, sec. 45g3, as amended hy Laws igo8, no. 116, sec. 22. • 
 
 J. Interest in Certain Utilities under Jurisdiction of Commission. 
 
 WISCONSIN No person having any pecuniary interest in 
 
 any railroad^ in Wisconsin or elsewhere shall be eligible to enter 
 
 70 upon the duties or fill the office of commissioner. Laws igoy, 
 ch. j82, sec. lygy-iic). 
 
 I. OFFICIAL AND PRIVATE RELATIONS 
 OF MEMBERS AND EMPLOYES WITH 
 UTILITIES. 
 
 ALABAMA Commissioners and employes may pass free 
 
 71 on railroads in performance of duties. Code igoy, sec. 5656. 
 
 Commissioners or clerk may enter into contracts with corpora- 
 71 tions, firms, utilities or associations in their capacities as common 
 carriers. Same, sec. 5646. 
 
 Any commissioner who shall accept any gift, gratuity, emol- 
 ument or employment from any railroad except a permit for 
 7» himself or an employe of commission to pass over the road while 
 on official business shall forfeit his office and may be impeached 
 and removed therefrom. Same, sec. 5(5 jp. 
 See also par. 2088. 
 
 « The term " railroad " includes express and telegraph companies. 
 
 8o- 
 
ARIZONA Commissioner, officer, or employe of commis- 
 
 sion shall not be denied the right to travel upon any railroad, 
 car, or other vehicle of such common carrier whether such rail- 
 
 74 road, car, or other vehicle be used for the transportation of 
 passengers or freight, and regardless of class. Sess. Laws igi2, 
 ch. go, sec. ii. > 
 
 ARKANSAS Commission shall make requisition in name of 
 
 state upon railroads for transportation of themselves and em- 
 
 76 ployes when engaged in duties. Railroads may furnish same 
 without charge. Kirby's Digest 1Q04, sec. 67 g8. 
 
 CALIFORNIA Members, officers and employes may pass 
 
 76 free on common carriers when in performance of duties. Stats, 
 igii, ist ex. sess. ch. 14, sec. 11. 
 
 Such persons shall not be denied the right to travel upon 
 
 77 common carriers whether used for passengers or freight and re- 
 gardless of class. Same. 
 
 See also pars. 2opj, 22 J2. 
 
 COLORADO Common carriers shall furnish free transpor- 
 
 78 tation to commissioners or employes while in discharge of duties. 
 Laws iQio, sp. sess., ch. 5, sec. 11. 
 
 CONNECTICUT Commissioners and employes may pass free 
 
 79 on railroads and street railways in performance of duties. Gen. 
 Stats. 1Q02, sec. 388 j. 
 
 ILLINOIS Commissioners and employes may pass free 
 
 over railroads and railroad trains and over, upon and in instru- 
 
 80 mentalities used by common carriers in transportation, while in 
 performance of duties. Revisal igog, ch. 114, sec. lyi. 
 
 INDIANA It is unlawful for commissioners, secretary 
 
 and employes to receive free transportation, reduced rates, pre- 
 requisites, gifts or emoluments from railroads or parties inter- 
 
 81 ested therein; violation constitutes misdemeanor; fine of $50 to 
 $100; governor shall declare office vacant. Acts igoy, ch. 241, 
 sec. i(f). 
 
 82 Common carriers shall provide free transportation for inspect- 
 ors while on business of commission. Same. 
 
 IOWA Commissioners, secretary, experts and agents 
 
 83 shall be carried free on railroads and trains while performing 
 duties. Code i8gy, sec. 2151. 
 
 KANSAS Commissioners, attorney, secretary and em- 
 
 ployes may pass free over roads and on railroad trains or any 
 
 84 part thereof while in the performance of their duties. Gen. 
 Stats, igog, sec. yi6g. 
 
 81 
 
It is unlawful for commissioner, attorney, secretary or em- 
 ployes to receive or apply for free transportation or reduced 
 rates from common carriers oj their employes for other persons ; 
 8s violation constitutes misdemeanor ; fine of$5oto$i,ooo; governor 
 shall declare office vacant. Commissioners and attorney shall not 
 ask nor receive from any utility any other pay or emolimient for 
 services. Same. 
 
 See also par. 211 j. 
 
 KENTUCKY Commissioners, rate clerk and stenographer 
 
 86 may pass free over railroads upon written or printed authority 
 when engaged in duties. CarrolVs Stats, ipog, sec. 822. 
 
 Commissioners shall not directly or indirectly solicit, request 
 from, or recommend to the officers, attorneys or employes of 
 railroads, the appointment of any person to places or positions, 
 
 87 nor request, accept or receive any present, gift, or gratuity from 
 utilities; nor shall any corporation offer to commissioners any 
 place or appointment for themselves or other persons. Viola- 
 tion by any corporation or person; fine of $1,000 to $5,000. 
 Same, sec. 8j2. 
 
 MARYLAND Commissioners, general counsel, secretary 
 
 and employes are forbidden and prohibited to solicit, suggest, 
 request or recommend directly or indirectly to utilities or their 
 officers, attorneys or employes the appointment of persons to 
 any office, place, position or appointment. Utilities, their offi- 
 cers, attorneys and employes are forbidden and prohibited to 
 
 88 offer to commissioners, general counsel, secretary or employes 
 any place, office, appointment or position, or to offer to give 
 them free passes, free transportation, reductions in fares to 
 which public generally are not entitled, free carriage of freight 
 or property, presents, gifts or gratuities. Governor shall re- 
 move from office a member, officer or employe of commission 
 violating this provision. Laws igio, ch. 180, sec. 7. 
 
 MASSACHUSETTS Railroad commissioners and employes shall 
 be transported free over railroads in performance of duties. 
 
 89 They shall not receive directly or indirectly any commission, 
 bonus, discount, present or reward from railroads. Acts igo6, 
 ch. 46 J, pt. i, sec. 2. 
 
 Railroad commissioners and clerk may enter into contracts 
 »o with a railroad or street railway only as common carriers. Same, 
 sec. I. 
 
 MICHIGAN Commissioners and employes shall be carried 
 
 free on railroads, trains, cars and any part thereof, when on busi- 
 ness pertaining to railroads. Violation by commissioners or em- 
 
 f 1 ployes constitutes misdemeanor ; fine of $ 1 00 to $ i , 000 or imprison- 
 ment of not more than 90 days, or both, in discretion of, court. 
 Pub. Acts jgog, no. 300, sec. 2{k). 
 
 82 
 
Minnesota commissioners, secretary and employes may 
 
 92 pass free on railroads and railroad trains in performance of duties. 
 Laws 1907, ch. 449, sec. 2. 
 
 See also par. 380. 
 
 MISSISSIPPI Railroads shall transport commissioners and 
 
 secretary free when on official business and afford them proper 
 facilities and furnish annual passes to commissioners while on 
 
 93 railroad business pertaining to their duties. Railroads and other 
 transportation companies shall grant free passes, or tickets, or 
 passes or tickets at a discount to commissioners. Const., sec. 
 188. Code 1Q06, sees. 48^9, 4873. 
 
 It is unlawful for commissioners or secretary to accept free 
 transportation except as provided by law, or. any gift, gratuity, 
 emolimient or employment. Violation; shall forfeit offices, may 
 
 94 be impeached and removed from office and shall be subject to 
 criminal prosecution; fine of $1,000 to $10,000, imprisonment of 
 one to ten years, or both. Railroads granting free transpor- 
 tation or reduced rates to commissioners or secretary except 
 when on official business shall be guilty of misdemeanor; fine 
 of not less than $100. Code 1906, sees. 4827, 4873. 
 
 Railroads shall report number of trips and miles they trans- 
 96 ported commissioners or secretary during preceding year and 
 commission shall report same to legislature. Same. 
 See also par. 382. 
 
 MONTANA Commissioners and employes may have free 
 
 96 transportation. Rev. Codes 1907, sec. 4369. 
 
 Revised code Montana, 1907, Sec. 4369 allows free transportation 
 to members and employes of the railroad commission traveling on 
 official business. John vs. No. Pac. Ry., 42 Mont. 19. 
 
 No commissioner or secretary shall solicit, request from or 
 recommend directly or indirectly to any railroad or officer, 
 attorney or agent thereof, the appointment of any person to any 
 place or position. Railroads and their attorneys or agents shall 
 not offer any place, appointment or position or other consider- 
 ation to commissioners or their employes; neither shall any 
 
 97 commissioner, secretary or employe of commission accept, 
 receive or request any pass from any railroad for himself or for 
 any other person except as provided by law, or any present, gift 
 or gratuity from any railroad. A violation by a member, sec- 
 retary or employe of commission forfeits office. Violation by 
 any person constitutes misdemeanor; fine of not more than $500, 
 imprisonment of not more than six months, or both. Same, 
 sec. 4394. 
 
 See also par. 2147. 
 
 NEW HAMPSHIRE Commissioners may enter into contracts with 
 any railroad or public utility for the transportation of passengers 
 
 98 or property or of telephone or telegraph messages or for the pur- 
 
 83 
 
chase of water, gas, electricity or for other similar services. 
 Laws ipii, ch. 164, sec. 2{d). 
 See also par. j86. 
 
 NEW YORK A provision substantially identical with par. 
 
 99 88. Laws igio, ch. 480, sec. 15. 
 
 To the extent that facilities for inspection of common car- 
 riers, railroads and street railroads involve transportation each 
 commissioner and each employe shall pay published one-way 
 fare established by the common carrier for the transportation 
 
 100 of persons by regular passenger trains over the distance covered 
 by such inspection. The cost of such transportation, if com- 
 mission so elects, may be paid upon bill rendered to the 
 commission after the transportation has been furnished and the 
 amount thereof ascertained. Samey sec. 43(2). 
 
 See also par. jgo. 
 
 NORTH CAROLINA It is unlawful for commissioners directly or in- 
 directly to hold stock or bonds, be agent, attorney, employe of, 
 or be interested in any steamboat, railroad, canal, navigation, 
 express or telephone utility, bank building and loan company or 
 
 101 association. If commissioner or official of commission shall act 
 as distributor or legatee or in any way become entitled to stock, 
 bonds or interest therein, he shall at once dispose thereof; upon 
 failure to do so he shall forfeit office and may be suspended by 
 governor. PeWs Revisal igo8, sec. 1058. 
 
 Commissioners and their clerks shall be transported free of 
 charge over all railroads and other transportation lines; and 
 
 102 when traveling on official business they may take with them 
 experts or other agents whose service they may deem tempo- 
 rarily of public importance. Same, sec. 1105. 
 
 See also par. 216 j. 
 
 NORTH DAKOTA Commissioners, secretaries and employes 
 108 may pass free on railroads or other transportation utilities in 
 performance of duties. Rev. Codes 1905, sec. 368. 
 
 OHIO Commission may pass free on railroads and 
 
 104 trains or any parts thereof in performance of duties. Code 
 igio, sec. 608. 
 
 OREGON Commissioners, secretary, stenographer, and 
 
 employes may ride in and upon any engine, car, or train of 
 railroads in performance of duties upon payment of local passenger 
 
 loi fare, but railroads shall not be deemed to become common 
 carriers of passengers other than on passenger trains nor to be 
 guilty of discrimination. Gen. Laws igoy, ch. 53, sec. 9. 
 
 SOUTH CAROLINA Members, secretary and employes of rail- 
 road commission shall be transported free over railroads and 
 
 106 trains in performance of duties comcerrdng railroads. Gen. 
 Stats. igo2, sec. 2066. 
 See also par. 2668. 
 
 84 
 
I 
 
 SOUTH DAKOTA Commissioners, their secretary, counsel and 
 employes shall not ^ have the right of free transportation upon 
 and over the lines of any common carrier in this state, or other 
 
 107 agents whose services they may require, who shall in like man- 
 ner be transported free of charge. Sess. Laws igii, ch. 20J, 
 sec. 33. 
 
 TENNESSEE Commissioners shall be entitled to a pass or 
 
 ticket over railroads while in discharge of duty. Railroads shall 
 
 108 furnish each commissioner with a pass or ticket when demanded. 
 Acts iSgy, ch. 10, sec. 5. 
 
 Commissioners shall not accept directly or indirectly any 
 gift, gratuity, emolimient, or employment from railroads, their 
 officers, attorneys or employes, nor solicit, request, nor recom- 
 mend the appointment of persons to any place or position. It 
 
 109 is unlawful for railroads or their officers, attorneys, or employes 
 to give or offer to give to commissioners any gift, gratuity, 
 emolument, employment, or place for themselves or others. 
 Violation by any person or corporation; fine of $1,000 to $5,000; 
 dismissed from office by judgment of court. Same. 
 
 VERMONT Commissioners and employes shall be en- 
 
 titled to free transportation upon railroads in performance of 
 
 110 duties. They shall not receive directly or indirectly from util- 
 ities any commission, present or reward. Pub. Stats. igo6, 
 sees. 4593 {as amended by Laws igo8, no. 116, sec. 22), 4605. 
 
 Commissioners or clerk may enter into contracts with util- 
 
 111 ities only as common carriers or in the regular course of public 
 service. Same, sec. 4593, as amended by Laws 1908, no. 116, 
 sec. 22. 
 
 See also par. 2214. 
 
 VIRGINIA Transportation utilities shall transport free 
 
 commissioners and their officers engaged on official duties; on 
 order of commission attested by clerk or signed by any commis- 
 
 112 sioner they shall furnish free transportation to commissioners and 
 their officers when performing official duties and the order shall 
 show that it is desired for official business. Const., sec. 155. 
 Pollard's Code 1904, sec. I3i3{a)49. 
 
 See also par. 2252. 
 
 * The word " not " appears in the statute. It is obviously a misprint. 
 
 8s 
 
J. AUTHORITY TO ENGAGE IN ANOTHER 
 BUSINESS OR TO HOLD ANOTHER 
 POLITICAL OFFICE. 
 
 UNITED STATES, ALABAMA, ARKANSAS, COLORADO, GEOR- 
 GIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, 
 MARYLAND, MASSACHUSETTS,^ MINNESOTA, MON- 
 TANA, NEBRASKA, NEVADA,2 NEW HAMPSHIRE,^ NEW 
 JERSEY, OfflO, OKLAHOMA, OREGON,^ PENNSYLVANIA, 
 RHODE ISLAND, TENNESSEE, TEXAS, VERMONT, WASH- 
 INGTON, WISCONSIN^ 
 
 No commissioner, officer or employe of com- 
 mission shall engage in any other business, employment or voca- 
 tion or hold any other political office. IJ. S. — Act to Regulate 
 Commerce, sec. ii; Ala, — Code igoy, sec. 5646; Ark. — Kirby^s 
 Digest 1904, sec. 6^90, Col. — Laws 1910, sp. sess., ch. 5, sec. 11; 
 Ga. — Code 1911, sec. 2620; III. — Revisal 1909, ch. 114, sec. 168; 
 Ind. — Acts 1 90 J, ch. 241, sec. i{b); la. — Code 189'/, sec. 21 11 
 
 lis Kan. — Laws 1911, ch. 238, sec. 8; Ky. — Const., sec. 209; Md. — 
 Laws 1910, ch. 180, sec. 7; Mass. — Rev. Laws 1902, ch. 121, 
 sees. I {as amended by Acts 1907, ch. 316), 2. Acts 1906, ch. ^jj, 
 sec. I. Acts 1906, ch. 46 j, pt. i, sec. i; Minn. — Rev. Laws 1905, 
 sec. 1955; Mont. — Rev. Codes 190'/, sec. 4363; Neb. — Cobbey's 
 Annot. Stats. 1909, sec. 10649; Nev. — Stats. 190J, ch. 44, sec. i(n), 
 as amended by Stats. 1911, ch. 193; N. H. — Laws 1911, ch. 164, 
 sec. 2{d), N. J. — Laws 1911, ch. 195^ sec. 9; Ohio — Code 1910, 
 sec. 489; Okla. — Const., art. ix, sec. 16; Ore. — Gen. Laws 1907, 
 ch. 5J, sec. 2, as amended by Gen. Laws 1911, ch. 279, sec. 79; 
 Pa. — Laws 1907, no. 250, sec. 4; R. I. — Acts 191 2, ch. 795, sec. 4; 
 Tenn. — Acts 1897, ch. 10, sec. 4; Tex. — Sayles^ Civ. Stats. 189J, 
 art. 4^61(2); Vt. — Pub. Stats. 1906, sec. 4S93, (^s amended by 
 Laws 1908, no. 116, sec. 22; Wash. — Laws 1911, ch. iiy, sec. 3; 
 Wis. — Laws 1907, ch. 582, sec. i'j9J-i{d). 
 
 K. OFFICE HOURS AND ATTENDANCE OF 
 
 MEMBERS. 
 
 ARIZONA, CALIFORNIA 
 
 Office of commission shall always be open, 
 legal holidays and non-judicial days excepted. Ariz. — Sess. 
 114 Laws, ch. 90, sec. 8(a), Cat. — Stats. 191 1, ist ex. sess., ch. 14, 
 sec. 8 (a). 
 
 » This provision no longer applies to the board of gas and electric light commissioners. 
 
 2 These limitations and restrictions shall not apply to the second swsociate com- 
 missioner, but no commissioner shall be a member of any political convention, or a mem- 
 ber of any committee of any political party. Stats. IQ07, ch. 44, sec. /(«). as amended by 
 Stats, igiz, ch. 193. 
 
 3 Commissioners may hold the office of justice of the peace or notary public. Laws 
 jgxj, ch. 164, sec. 4. 
 
 ' * Each commissioner shall devote his entire time to duties of his office. 
 
 86 
 
CONNECTICUT Commission shall keep office open during 
 
 116 usual business hours. Puh. Acts igii, ch. 128, sec. 6. 
 
 GEORGIA Chairman of commission shall give his entire 
 
 116 time to duties. Code igii, sec. 2622. 
 
 MARYLAND Office shall be open between 8 a.m. and 9 p.m. 
 
 throughout year and one or more responsible persons designated 
 
 117 by commission or by secretary under direction of commission 
 shall be on duty at all times in immediate charge thereof. Laws 
 igio, ch. 180, sec. 4. 
 
 MASSACHUSETTS Each highway commissioner shall devote his 
 
 118 entire time to the duties of his office. Rev. Laws igo2, ch. 47, 
 sec. I. 
 
 MICHIGAN Commission shall arrange so far as possible 
 
 so that at all times during business hours at least some one mem- 
 
 119 ber shall be in attendance at office every business day in year 
 Puh. Acts igog, no. joo, sec. 2(a). 
 
 Each commissioner shall devote to his duties all the time 
 
 120 necessary to insure prompt and complete performance of official 
 duties. Same. 
 
 MINNESOTA Each commissioner shall devote his entire 
 
 121 time to the duties of his office. Rev. Laws igo^, sec. igjd, as 
 amended by Laws igii, ch. 140. 
 
 MISSISSIPPI Commission shall keep office open every day 
 
 122 from 9 A.M. to 4 P.M. Code igo6, sec. 4828. 
 
 MONTANA Office shall always be open dtiring business, 
 
 123 hours, legal holidays and non-judicial days excepted. Rev. 
 Codes igoy, sec. 4365. 
 
 NEW YORK For each commission identical with par. 117 
 
 124 except that hours are between 8 a.m. and 11 p.m. Laws igio, 
 ch. 480, sec. 10(2). 
 
 NORTH CAROLINA Office shall be open at all times and each mem- 
 ber shall remain in office at least fifteen days in each month un- 
 
 126 less detained therefrom on official business. PeWs Revisal igo8, 
 sec. 1061. 
 
 OHIO Each commissioner shall devote his entire 
 
 126 time to the duties of his office. Code igio, sec. 48 g. 
 
 RHODE ISLAND Office shall be open each day of year except 
 
 127 Sundays and legal holidays and during such hours as commis- 
 sion may deem necessary. Acts igi2, ch. yg^, sec. 7. 
 
 87 
 
VIRGINIA Commission shall keep office open on every 
 
 128 day except Simdays and legal holidays. Const., sec. 755. 
 
 WASHINGTON Commission shall at all times be open and in 
 
 129 session for the transaction of business. Laws igii, ch. iiy, 
 sec. 6. 
 
 L. EQUIPMENT, FACILITIES AND EX- 
 PENSES REQUIRED TO BE FUR- 
 NISHED COMMISSION.^ 
 
 ALABAMA, ARKANSAS, GEORGIA, MAINE, MASSACHUSETTS, 
 MISSOURI, MONTANA, NEW JERSEY, NORTH CARO- 
 LINA, NORTH DAKOTA, OHIO, PENNSYLVANIA, RHODE 
 ISLAND, TENNESSEE 
 
 Statutes direct and limit the amount of ex- 
 penses which may be incurred for various purposes as follows: 
 Ala. — Code igoy, sec. J640; Ark. — Kirby's Digest 1904, sec. 
 ISO 6'/8q; Ga. — Acts igoy, no. 223, sec. 15; Me. — Rev. Stats, igoj, 
 ch. 57, sec. 48, as amended by Pub. Laws igog, ch. 141; Mass. — 
 Acts igo6, ch. 4jj, sec. 2. Acts igo6, ch. 46 j, pt. i, sec. 2; Mo. — 
 Rev. Stats, igog, sec. 3262; Mont. — Rev. Codes igoy, sec. 4370; 
 N. J. — Laws igii, ch. igj, sec. 12; N. C. — PeWs Revisal igoS, 
 sec. 1118; N. D. — Rev. Codes igoj, sec. ^dy. Laws igog, ch. 
 216, sec. 2; Ohio — Laws igii, no. 325, sec. 88; Pa. — Laws igoy, 
 no. 2jo, sec. 24; R. I. — Acts igi2, ch. 795, sec. 4; Tenn. — Acts 
 i8g'j, ch. 10, sec. j, as amended by Acts igoj, ch. jgo, sec. i. 
 
 (a) Office expenses shall not exceed: North Carolina I3.600 
 
 Alabama $1,000 Ohio .7S.000 
 
 Arkansas, first year 1,000 (In addition to sums derived from 
 
 Arkansas, other years 500 assessments upon utilities.) 
 
 Georgia 3,000 Pennsylvania $100,000 
 
 Maine S.ooo (c) Printing expenses shall not exceed : 
 
 Massachusetts, Railroad Com- Georgia $ 2,000 
 
 mission.... .... 4.500 ^^^ MisceUaneous: 
 
 Massachusetts. Highway Com- ^^^^ Dakota-personal 
 
 mission 6,000 
 
 Missouri 800 
 
 ex- 
 penses of commissioners 
 $400 and traveling expenses 
 
 Montana 1,000 $800. 
 
 North Dakota 500 Tennessee— traveling expenses 
 
 Rhode Island 8,000 of ^^ch commissioner not 
 
 (b) Total expenses shall not exceed: exceeding $500. 
 
 New Jersey 100,000 
 
 1 The statutes require that the commission shall be provided with various facilities 
 and articles of equipment in detail and authorize specified expenses to be incurred by 
 commission. Items of equipment, facilities and expenses are specified variously as follows: 
 (a) Equipment and Facilities — Office, office supplies, office furniture, stationery, incidentals, 
 postage, expressage, light and heat, telephone and telegraph, additional office help, instru- 
 ments, apparatus, appliances, books, maps, charts, literature, statistics; (b) Expenses — 
 Printing, litigation, proceedings, investigations, witness fees, processes, inspections, trans- 
 portation of commissioners, officers and employes. 
 
 88 
 
M. PROVISION OF FUNDS FOR 
 COMMISSION 1 
 
 ARIZONA All fees collected shall be paid into state 
 
 131 treasury to credit of general fund. Sess. Laws igi2y ch. go, 
 sec. 57. 
 
 See also par. 24^^. 
 
 CALIFORNIA All fees collected shall be paid into state 
 
 132 treasury to credit of fund known as ''railroad commission fund." 
 Stats, igii, ist ex. sess., ch. 14, sec. ^y. 
 
 See also par. 24gj. 
 
 FLORIDA On recovery of any fine or penalty expenses of 
 
 litigation and proceedings may be paid out of money so recovered 
 
 133 and the balance shall be put to credit of commission by state 
 treasurer to meet any of its expenses. Commission may suspend, 
 reduce or remit any fine or penalty imposed on such terms and 
 conditions as may be fixed by it. Gen. Stats. igo6, sec. 2gog. 
 
 INDIANA All funds collected by secretary for copies, 
 
 134 transcripts and other sources shall be paid into state treasury. 
 Acts igoy, ch. 241, sec. 16. 
 
 KENTUCKY Each railroad shall bear the portion of travel- 
 
 ing expenses incurred by commissioners for transportation over 
 
 136 its lines and shall pay same to auditor to be covered into treasury 
 in lieu of written or printed authority entitling commissioners 
 to be transported. CarrolVs Stats, igog, sec. 822. 
 
 LOUISIANA After deducting attorney's fees and costs in 
 
 136 suits, fines collected shall be paid into state treasury. Const., 
 art. 288, as amended by Stats, igoy, no. ij. 
 
 SCHEDULE OF FEES. 
 
 ALABAMA 
 
 Copy of transcript of investigation, 
 
 per folio I 
 
 Code IQ07, sec. 5677. 
 
 ARIZONA, CALIFORNIA 
 
 Copies of papers and records not re- 
 quired to be certified or otherwise 
 authenticated by commission, per 
 folio: 
 
 Arizona 
 
 California 
 
 Certified copies of official documents 
 and orders filed in office of commis- 
 sion, per f oHo : 
 
 Arizona 
 
 California 
 
 Every certificate under seal: 
 
 Arizona $2 
 
 California i 
 
 Certifying a copy of any report made 
 
 by any corporation to commission. $2.00 
 
 Each certified copy of annual report 
 
 of commission: •* 
 
 Arizona 3 . 00 
 
 California i . 50 
 
 Certified copies of evidence and pro- 
 ceedings before commission, per 
 
 folio IS 
 
 Copies of papers, records or official 
 documents furnished to public offi- 
 cers for use in their official capacity 
 or annual reports of commission in 
 
 ordinary course of distribution free 
 
 Certificate authorizing issue of 
 bonds, notes, or other evidences of 
 indebtedness per thousand dollars 
 of the face value of authorized issue 
 or fraction thereof; up to one mil- 
 lion dollars i .00 
 
 89 
 
MAINE In all cases heard before commissioners ex- 
 
 penses and costs attending same, including compensation of 
 commissioners, shall be paid by corporation against which com- 
 plaint is made if prayer of petitioners is granted; if prayer is 
 
 137 denied such expenses, costs and compensation shall be paid by 
 petitioners. If a party against whom costs are so adjudged 
 refuses or neglects to pay them within thirty days after such ad- 
 judication execution may issue therefor. Rev. Stats. iQoj, ch. 
 SI, sec. 64.^ 
 
 Every railroad shall pay to state treasurer in addition to all 
 other taxes its proportional part of salary of clerks and salaries 
 
 138 and expenses of commissioners to be determined by state assessor 
 according to gross transportation receipts of such railroad. Rev. 
 Stats, igoj, ch. 8, sec. jo.^ 
 
 MARYLAND City of Baltimore shall pay salaries and com- 
 
 pensations provided and prescribed to be paid by it. Simi of 
 $75,000 annually or so much thereof as may be necessary an- 
 
 139 nually is appropriated for maintenance of commission and pay- 
 ment of all salaries of commission and for investigations and 
 hearings and all its necessary and incidental expenses. Laws 
 igio, ch. 180, sees. 2, 5. 
 
 All fees charged and collected by commission shall belong to 
 
 140 state and become part of general funds, provided, however, that 
 one-fourth of all such fees charged and collected as aforesaid 
 shall be paid to the city of Baltimore. Same, sec. 8. 
 
 See also par. 2joo. 
 
 MASSACHUSETTS All sums of money annually appropriated by 
 general court for salaries and expenses of gas and electric light 
 
 141 commissioners and their clerks and employees shall be appor- 
 tioned by commission among the gas and electric light utilities 
 
 One million dollars to ten million for similar services. Carroll's Stats. 
 
 dollars so J909, sec. 833. 
 
 Over ten million dollars 25 
 
 Minimum fee: MARYLAND 
 
 Arizona 35 . 00 Identical with California provision 
 
 California $250 . 00 excepting fee for certified copies 
 
 ""When such issue is made for purpose of evidence and proceedings before 
 
 of guaranteeing, taking over, re- commission, which is twenty cents 
 
 funding, discharging or retiring any per folio, and omission of fees for 
 
 bond, note or other evidence of in- bond, etc., certificates. Laws 1910, 
 
 debtedness up to the amount of the ch. 180, sec. 8. 
 issue guaranteed, taken over, re- 
 
 funded, discharged, or retired free MASSACHUSETTS Gas and Electric 
 
 Ariz.—Sess. Laws X912, ch. 90. sec. Commission. 
 
 57; Cal.-Stats. 1911. ist ex. sess., ^o'' examining, comparing and test- 
 
 ch 14 sec 57 ^°S meters with or without stjmiping 
 
 them: 
 
 KENTUCKY Each meter delivering not more than 
 
 For copy of any record on file in a cubic foot of gas in four revolutions, 
 
 office commission. . . same fees that vibrations or complete repetitions of 
 
 are charged by secretary of state its action aS 
 
 » Repealed by implication. 
 
 2 Repealed by Pub. Laws 1909. 
 
 99 
 
ua 
 
 143 
 
 144 
 
 and all sums of money annually appropriated by general court 
 for salaries and expenses of railroad commissioners and their 
 clerks and employees shall be apportioned by commission among 
 railroads and street railways; such apportionments shall be 
 made according to the gross earnings of the respective utilities 
 for the preceding year; and on or before July i, each of said 
 utilities shall be assessed its share of said sums in proportion to 
 its gross earnings for year last preceding year in which assess- 
 ment was made; such assessments shall be collected in same 
 manner as taxes on corporations. Acts igog, ch. 4go, pt. in, 
 sec. g. 
 
 All sums of money annually appropriated for additional 
 salaries and expenses of highway commission shall be appor- 
 tioned by tax commissioner among utilities engaged in business 
 of transmission of intelligence by electricity; and on or before 
 Jiily I, in each year he shall assess upon each of said utilities its 
 share of such simis in proportion to its gross earnings for year last 
 preceding year in which assessment is made; such assessment shall 
 be collected in same manner as taxes upon corporations. Acts 
 igo6, ch. 433, sec. j. 
 
 All fees received by gas and electric light commissioners 
 shall be paid into state treasury. Acts igog, ch. 318, sec. i. 
 
 Of amoiuit so assessed and collected for maintenance of gas 
 and electric commission and railroad commission any balance 
 remaining at close of any year shall be carried forward to next year 
 and be taken into account in making appropriation for that year. 
 Acts igo6, ch. 463, pt. i, sec. 4. 
 
 See also pars. 2504, 2506, 2$oj. 
 
 Each meter so delivering more than 
 
 a cubic foot 
 
 In addition for every additional 
 
 cubic foot so delivered 
 
 For examining, comparing, testing 
 or calibrating meter provers and 
 testing photometer meters with or 
 without sealing or certifying to same 
 commission may charge as it deems 
 fit. Acts IQ02, ch. 228, sec. 5, as 
 amended by Acts igog, ch. 483, sec. 7. 
 MICHIGAN 
 
 Copies of papers and records not re- 
 quired to be certified or otherwise 
 authenticated by commission, per 
 
 folio 
 
 Certified copies of official documents 
 and orders filed in office of commis- 
 sion, per folio 
 
 Certifying a copy of any report 
 made by corporation to commission 
 Each certified copy of annual report 
 of commission, certified copies of 
 evidence and proceedings before the 
 commission not required by this act 
 to be furnished gratis, per folio. . . . 
 
 .10 
 
 IS 
 
 SO 
 
 15 
 
 Copies of papers, records or official 
 documents furnished to public 
 officers in their official capacity or 
 annual reports of commission in 
 
 ordinary course of distribution free 
 
 Ptib. Acts igog, no. 300, sec. 21. 
 
 nebrase:a 
 
 For furnishing transcripts secretary 
 of commission. . , .such amounts as 
 are allowed by law on appeal from 
 district court to supreme court . Cob- 
 bey's Annot. Stats., sec 10650. 
 
 NEW JERSEY 
 
 Certified copies of records, per folio . .10 
 Laws igii, ch. igs, sec. 30. 
 
 NEW MEXICO 
 
 Copies of the testimony or the com- 
 plete record for each 100 words or 
 
 fraction thereof 10 
 
 Copies of any report, findings, de- 
 cision or order of commission upon 
 application to clerk by any party to 
 
 a proceeding free 
 
 Laws igi2, ch. 78, sec. 10. 
 
 91 
 
MICHIGAN All fees charged and collected by commission 
 
 shall belong to the people and shall be paid into treasury to 
 
 145 credit of general fund. Pub. Acts igoQ, no. joo, sec. 21. 
 
 See also par. 32 gg. 
 
 MINNESOTA There is annually appropriated for use and 
 
 purposes of commission $30,000 or as much thereof as may be 
 
 146 necessary. Rev. Laws iQOj, sec. igjy, as amended hy Laws igii, 
 ch. 140. 
 
 NEBRASELA Secretary shall turn fees into general fund 
 
 147 provided for expenses of commission. C abbey's Annot. Stats, 
 igog, sec. 10650. 
 
 NEW JERSEY Fees collected shall be paid into state treas- 
 
 148 ury. Laws igii, ch. ig^, sec. 30. 
 See also par. 2514. 
 
 NEW MEXICO All fees required by law to be paid for filing of 
 
 articles of incorporation, reports and other documents shall be 
 
 149 collected by commission and paid into treasury. Const., art. xi, 
 sec. 6. 
 
 All monies received for copies of papers and testimony 
 
 160 shall be turned over to the state treasurer and credited to the 
 
 commission contingent expense fund. Laws igi2, ch. yS, sec. 10. 
 
 NEW YORK Salaries and expenses of commission of first 
 
 district other than salaries and expenses of commissioners, 
 counsel and secretary shall be audited and paid as follows: 
 Laws igiOy ch. 480, sec. 14(1). 
 
 The board of estimate and apportionment of city of New 
 York or other board or public body authorized to make appro- 
 priations of public moneys for purposes of city government shall 
 appropriate on requisition duly made by commission such simi of 
 
 161 
 
 168 
 
 NEW YORK 
 
 Identical with California provision 
 excepting omission of fees for bond, 
 etc., certificates and inclusion of 
 following paragraph: 
 For publications issued under au- 
 thority of commission, commission 
 may fix reasonable charges. Laws 
 XQio, ch. 480, sec. 18. 
 OHIO 
 
 Commission shall charge and collect 
 for furnishing copy of any paper, 
 record, testimony or writing the 
 same fees now charged by secretary 
 of state. Upon application of any 
 person and payment of fee therefor 
 commission shall furnish certified 
 copies of any order made by it. 
 Laws loti, no. 325. sec. 80. 
 
 PENNSYLVANIA 
 
 Copies of papers and records not re- 
 quired to be certified or otherwise 
 authenticated by commission, per 
 
 folio of lOO words 10 
 
 Certified copies of official documents 
 filed in oflRce of commission, per 
 
 folio IS 
 
 Every certificate tmder seal i . 00 
 
 Certified copies of a qtiarterly re- 
 port made by a railroad to commis- 
 sion so 
 
 Each certified copy of evidence and 
 proceedings before commission, per 
 
 folio IS 
 
 Copies of papers, records or official 
 documents furnished to public offi- 
 cers for use in their official capacities 
 or annual reports of commission in 
 
 ordinary course of distribution free 
 
 Laws 1907, no. 250, sec. 20. 
 
 92 
 
I 
 
 money as may be requisite to enable it to perform its duties and 
 to provide for its expenses and compensation of employes. Same, 
 If the board of estimate and apportionment or such other 
 public body fail to appropriate such necessary amovmt com- 
 mission may apply on notice to such board or body, to appellate 
 division of supreme court in the first department to determine 
 what amount shall be appropriated and the decision of appellate 
 
 153 division shall be final and conclusive. City shall not be liable 
 for any indebtedness incurred by commission in excess of such 
 appropriation or appropriations. The auditor and comptroller 
 of city shall audit and pay proper expenses and compensations of 
 employes of commission other than its counsel and secretary. 
 For purpose of providing such sums comptroller or other chief 
 financial officer of city is authorized and directed to issue and 
 sell revenue bonds of the city in anticipation of receipt of taxes, 
 and out of proceeds of such bonds to make the payments re- 
 quired. Same. 
 
 All fees collected by commission of first district shall belong 
 
 184 to city and shall be paid into city treasury to credit of general 
 fimd. Same, sec. i8. 
 
 All fees charged by commission of second district shall be- 
 
 165 long to people of state and shall be paid into state treasury to 
 credit of general fund. Same. 
 
 See also pars. 2 jig, 2j20. 
 
 NORTH CAROLINA All license fees, all moneys received from fines, 
 penalties and seal tax and all other fees paid into office of com- 
 
 166 mission shall be paid into state treasury. FeWs Revisal igo8, 
 sec. 1114. 
 
 NORTH DAKOTA The sum of $10,000 is appropriated annually 
 
 167 to pay necessary traveling and other expenses of commission. 
 Laws igii, ch. 240, sec. 5. 
 
 All moneys which shall come into state treasury on account 
 
 168 of licenses of public grain warehouses shall be credited to general 
 fund of state out of which expenses of commissioners and salaries 
 and expenses of agents and employes shall be paid. Same. 
 
 Whenever a decree shall be entered against any railroad, 
 carrier or person, court shall render a judgment for costs in- 
 
 RHODE ISLAND TENNESSEE 
 
 For authenticated or certified cop- Identical with Kentucky provision. 
 
 ies of official documents, orders, Acts iSgy, ch. lo, sec. 6. 
 
 papers and records commission shall 
 
 charge reasonable fees. A.cts 191 2, WASHINGTON 
 
 ch. 795, sec. 9. For copies of any classification. 
 
 Copies of official documents, orders, rates, rule, regulation or order not 
 
 papers and records furnished to pub- contained in printed reports, or 
 
 lie officers for use in their official - copies of papers, accounts or records 
 
 capacity or annual reports of com- of public utilities filed with commis- 
 
 mission in ordinary course of distri- sion for proper use commission shall 
 
 bution free charge a reasonable compensation. 
 
 Same. Laws 1911, ch. 117, sec. 103. 
 
 93 
 
159 eluding a reasonable attorney's fee for counsel representing 
 state, and judgment shall be enforced by execution. Rev. Codes 
 igoj, sec. 4348. 
 
 OHIO For purpose of maintaining department of 
 
 public service commission of Ohio and the exercise of police 
 supervision of railroads and public utilities by it, a siun not 
 
 160 exceeding $75,000 each year shall be apportioned among and 
 assessed upon railroads and public utilities by commission in 
 proportion to their intrastate gross earnings or receipts for year 
 next preceding that in which assessments are made. Laws iqii, 
 no. 525, sec. I. 
 
 On or before August i, next following, commission shall 
 certify to state auditor amount of such assessment, apportioned 
 
 161 by it to each railroad and public utility, and he shall certify 
 such amount to treasurer, who shall collect and pay same into 
 treasury to credit of a special fund for maintenance of commission. 
 Same. 
 
 Railroads or telegraph companies violating provisions re- 
 lating to assessments for maintenance of commission shall for- 
 
 162 feit and pay to state $1,000, and $25 for each day such companies 
 fail to comply with requirements; forfeiture does not release 
 companies from assessment. Code igio, sec. doy. 
 
 See also pars. 1008, 2^22, 2goj, 2go8. 
 
 OREGON See pars. i02g, 2524, 2526. 
 
 PENNSYLVANIA All fees charged and collected by commission 
 
 163 shall be paid as received to treasurer for use of state. Laws 
 igoy, no. 2jo, sec. 20. 
 
 RHODE ISLAND $11,000 is annually appropriated for salaries 
 
 164 of commissioners. Acts igi2, ch. ygj, sec. 4. 
 
 All fees charged and collected by commission shall belong to 
 166 state and shall be paid into treasury and shall become part of 
 general funds. Same, sec. g. 
 See' also par. 2j2g. 
 
 SOUTH CAROLINA All salaries and expenses of members, sec- 
 retary and employees of railroad commission shall be borne by 
 railroad, telegraph, telephone and express utilities according to 
 their gross income, proportioned to number of miles to be ap- 
 portioned by comptroller-general, who on or before October i 
 shall assess annually upon each utility its just proportion of 
 
 166 expenses in proportion to its gross income for current year ending 
 June 30 preceding that on which assessment is made; and as- 
 sessment shall be charged up against utilities, respectively, 
 under order and direction of comptroller-general and shall be 
 collected and paid into state treasury by county treasurers in 
 like manner as other taxes are collected and paid by them. 
 Gen. Stats. IQ02, sec. 2066. 
 
 94 
 
I 
 
 Provided that comptroller shall be empowered and in- 
 structed to assess and collect from express and telegraph utilities, 
 and that said utilities be required to pay, simi of $500 to be 
 
 167 apportioned between them according to their gross earnings 
 and to pay same over to railroad commissioners as a contingent 
 fund to be used by commissioners for purpose of organizing 
 their new departments and informing themselves upon matters 
 pertaining thereto. Same, sec. 2221. 
 
 Salaries and necessary expenses of public service commis- 
 sioners shall be paid by firm, person or utility against whom 
 
 168 complaint is made if rates charged are found to be unjust or 
 excessive, but if otherwise such expenses shall be paid by author- 
 ities of city wherein complaint is made. Laws igio, no. 286, 
 sec. 4. 
 
 TENNESSEE Commission shall cover into state treasury 
 
 169 all fees received for copies of records. Acts i8gy, ch. 10, sec. 6. 
 
 WASHINGTON See par. 2535. 
 
 WISCONSIN See pars. 1050, 1052, 2537, 3281. 
 
 N. SECRETARY OR CLERK OF COMMIS- 
 SION. 
 
 I. Manner of Appointment, Term, Qualifications, Bond, Oath, Salary. 
 
 Manner of appointment, term of office, qualifications, bond 
 and oath required and amount of salary of secretary or clerk 
 are as follows : 
 
 UNITED STATES, ALABAMA, ARIZONA, ARKANSAS, CALIFORNIA, CONNEC- 
 TICUT, FLORIDA, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, 
 LOUISIANA, MARYLAND, MASSACHUSETTS (Highway Commission), MICHIGAN, 
 MINNESOTA, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW JERSEY, 
 NEW MEXICO, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, ORE- 
 GON, PENNSYLVANLA, RHODE ISLAND, SOUTH DAKOTA, TENNESSEE, TEXAS, 
 VERMONT, WASHINGTON and WISCONSIN— secretary- or clerk shall be appointed or 
 employed by commission. U. S. — Act to Regulate Commerce, sec. i8; Ala. — Code 1907, 
 sec. 5640; Ariz. — Sess. Laws 1912, ch. 90, sec. 5; Ark. — Kirby's Digest 1904, sec. 
 6793; Cat — Stats. 1911. ist ex. sess., ch. 14, sec. 5; Conn. — Pub. Acts 1911, ch. 128, 
 sec. 7; Fla. — Gen. Stats. 1906, sec. 2887; Ga. — Code 1911, sec. 2627; 111. — Revisal 1909, 
 ch. 114, sec. 170; Ind. — Acts 1907, ch. 241, sec. 2(a); la. — Code 1897, sec. 2111; Kan. — 
 Gen. Stats. 1909, sec. 7183; Ky. — CarrolVs Stats. 1909, sec. 822; La. — Const., art. 283; 
 Md. — Laws 1910, ch. 180, sec. 2; Mass. — Rev. Laws 1902, ch. 47, sec. i; Mich. — Pub. 
 Acts 1909, no. 300, sec. 2(g); Minn. — Rev. Laws 1905, sec. i937, as amended by Laws 1911, 
 ch. 140; Mo. — Rev. Stats. 1909, sec. 3262; Mont. — Rev. Codes 1907, sec. 43^7! Neb. — 
 Cobbey's Annol. Stats. 1909, sec. 10650; Nev. — Stats. 1907, ch. 44, sec. i(Jt), as amended by 
 
 170 Stats. 1911, ch. 193; N. J. — Laws 1911, ch. 195, sec. 5; N. M. — Const., art. xi. sec. 4; 
 N. C. — Pell's Revisal 1908, sec. 2754; N. D. — Rev. Codes 1905, sec. 364; Ohio — Laws 
 191 1, no. 325, sec. 85; Okla. — Const., art. tx, sec. 18(a); Ore. — Geti. Laws 1907. ch. 53, sec. 
 5; Pa. — Laws 1907, no. 250, sec. 2; R. I. — Acts 1912, ch. 795, sec. 11; S. D. — Rev. Pol. 
 Code 1903, sec. 190; Tenn. — Acts 1897, ch. 10, sec. 2; Tex. — Sayles' Civ. Stats. 1897. art. 
 4561(5)', Vt. — Pub. Stats. 1906, sec. 4594; Wash. — Laws 191 1. ch. 117, sec. 4; Wis. — 
 Laws 1907, ch. 582, sec. i797-i(h); COLORADO — a member of commission shall be sec- 
 retary. Laws 1 910, sp. sess., ch. 5, sec. 11; MAINE — clerk shall be appointed by governor 
 on recommendation of commission. Rev. Stats. 1903, ch. 51, sec. 48, as amended by Pub. 
 Laws 1009, ch. 141; MASSACHUSETTS (Gas and Electric Commission) — clerk shall be 
 appointed by governor with advice and consent of council. Rev. Laws 1902, ch. izi, sec. 
 
 95 
 
2; MASSACHUSETTS (Railroad Commission) — clerk shall be appointed by governor. 
 Acts 1906, ch. 463, pt. i, sec. i; MISSISSIPPI — secretary shall be appointed by commis- 
 sion by and with consent of senate for same term as commissioners. Code 1906, sec. 4828; 
 NORTH CAROLINA — clerk shall be appointed for two years. PelVs Revisal 1908, sec. 
 1063; PENNSYLVANIA — secretary shall be appointed by commission subject to approval 
 of* governor. Laws 1907, no. 250, sec. 2. 
 
 Vy^k, MICHIGAN and MONTANA — secretary shall possess same qualifications as 
 are required of commissioners, la. — Code 1897, sec. 2111; Mich. — Pub. Acts 1909, no. 
 300, sec. 2(h); Mont.— Rev. Codes 1907, sec. 4367; MINNESOTA — secretary shall not be 
 amember of commission. Rev. Laws 1905, sec. 1957, as amended by Laws 1911, ch. 140; 
 MISSISSIPPI— secretary shall have same qualifications as commissioners and shall be 
 subject to same disqualifications and to like penalties but shall not be liable to impeach- 
 ment. Code 1906, sec. 4828; KANSAS, MARYLAND, NEBRASKA, NEVADA, OHIO, 
 
 171 OREGON, RHODE ISLAND and WISCONSIN — any person ineligible to office of com- 
 missioner shall be ineligible to office of secretary. Kan. — Laws 1911, ch. 238, sec. 8; Md. — 
 Laws 1910, ch. 180, sec. 7; Neb. — Cobbey's Annot. Stats. 1909, sec. 10650; Nev. — Stats. 
 J907, ch. 44, sec. i(i), as amended by Stats. 191 1, ch. 193; Ohio — Code 1910, sec. 495; Ore. — 
 Gen. Laws 1907, ch. 53, sec. 6; R. I. — Acts 1912, ch. 795, sec. 4; Wis. — Laws 1905, ch. 362, 
 sec. 1 797-1 (i); NEVADA — secretary shall be an expert rate man. Stats. 1907, ch. 44, sec. i 
 (A), as amended by Slats. 1911, ch. 193; NORTH CAROLINA — clerk shall be an expert 
 accountant experienced in railroad statistics and transportation rates. PelVs Revisal 1908, 
 sec. 1063. 
 
 ARIZONA, CALIFORNIA— secretary shall take usual oath of office. Ariz.—Sess. 
 Laws 1912, ch. 90, sec. 7; Cat. — Stats. 1911, ist ex. sess., ch. 14, sec. 7; CONNECTICUT — 
 secretary shall give bond in sum determined by commission. Pub. Acts 1911, ch. 128, 
 sec. 7; INDIANA — secretary shall furnish bond of $5. 000 and shall take usual oath of 
 office. Acts 1907, ch. 241. sec. 2(a); IOWA, KANSAS, MARYLAND, MICHIGAN, 
 NEBRASKA, NEVADA, NORTH CAROLINA, OHIO, OREGON, PENNSYLVANIA and 
 WISCONSIN — secretary or clerk shall take same oath as required of commissioners. la. — 
 Code 1897, sec. 2111; Kan. — Laws 191 1, ch. 238, sec. 8; Md. — Laws 1910, ch. 180, sec. 2; 
 Mich. — Pub. Acts 1909, no. 300, sec. 2(h); Neb. — Cobbey's Annot. Stats. 1909, sec. 10650; 
 Nev. — Stats. 1907, ch. 44, sec. i{i), as amended by Stats. 1911, ch. 193; N. C. — Pell's Revisal 
 
 1908, sec. 1063; Ohio — Code 1910, sec. 495; Ore. — Gen. Laws 1907, ch. 53, sec. 6; Pa. — 
 
 172 Laws 1907, no. 250, sec. 4; Wis. — Laws 1905, ch. 362, sec. i797-i(J); MASSACHUSETTS 
 (Gas and Electric Commission) — clerk shall be sworn before entering upon duty. Rev. 
 Laws 1902, ch. 121, sec. 2; MINNESOTA — secretary shall furnish bond of $10,000 and 
 take same oath as required of commissioners. Rev. Laws 1905, sec. 1957, as amended by 
 Laws 1911, ch. 140; MISSISSIPPI — secretary shall take required oath. Code 1906, sec. 
 4828; MONTANA — secretary shall furnish bond of $25,000. Rev. Codes 1907, sec. 4364; 
 RHODE ISLAND — secretary shall be sworn to faithful performance of his duties and may 
 be removed for violating any provisions of law. Acts 1912, ch. 795, sees. 5, 11; VER- 
 MONT — clerk shall furnish bond of $1,000 and shall be sworn to faithful performance of 
 his duties. Pub. Slats. 1906. sees. 4594, 4595; WASHINGTON — secretary shall take oath 
 faithfully and impartially to discharge duties of his office. Laws 1911, ch. 117, sec. 6. 
 
 Salaries: UNITED STATES — $5,000. Act to Regulate Commerce, sec. 18; ALABAMA — 
 not exceeding $2,400. Code 1907, sec. 5640; ARIZONA — as fixed by law. Sess. Laws 
 1912, ch. 90, sec. 10; ARKANSAS — not exceeding $1,500. Kirby's Digest 1904, sec. 6793; 
 CALIFORNIA — as fixed by law. Stats. 191 1, ist ex. sess., ch. 14, sec. 10(a); FLORIDA — 
 not exceeding $1,500. Gen. Stats. 1906, sec. 2887, as amended 1907; GEORGIA — $2,000. 
 Code 1911, sec. 2627; ILLINOIS — $3,500. Revisal 1909, ch. 114, sec. 170; INDIANA — 
 not more than $2,500. Acts 1907, ch. 241, sec. 2(a); IOWA — $1,500. Code 1897, sec. 21 21; 
 178 KANSAS— $1,800. Gen. Stats. 1909, sec. 7185; KENTUCKY— $1,200. Carroll's 'Stats. 
 
 1909, sec. 822; LOUISIANA — $1,500. Const., art. 283; MAINE — $1,500. Rev. Stats. 
 1903, ch. 116, sec. i; MARYLAND — $j,ooo. Laws 1910, ch. 180, sec. 2; MASSACHU- 
 SETTS — 1 (Railroad Commission) — $3,000. Acts 1906. ch. 417, sec. 2; MICHIGAN— 
 $2,000. Pub. Ads 1909. no. 300, sec. 2(g); MISSISSIPPI— $1,800. Laws 1908, ch. 48, 
 sec. i; MISSOURI— $2,000. Rev. Stats. 1909. sec. 3262; MONTANA — $3,000. Rev. 
 Codes 1907. sec. 4368; NEBRASELA — $2,500; provided that commission may pay in the 
 aggregate to be apportioned as commission determines not more than $6,000 to its secre- 
 tary and two clerks. Cobbey's Annot. Stats. 1909. sec. 10650; NEVADA — not more than 
 $2,400. Stats. 1907, ch. 44, sec. i(h), as amended by Stats. 191 1, ch. 193; NEW YORK — 
 $6,000. Laws 1910, ch. 480, sec. 13; NORTH CAROLINA — $2,400 plus extra allowance 
 
 t Clerk of gas commission and clerk of highway commission, salaries not stated. 
 
 96 
 
not exceeding $300. PelVs Revisal 1908, sec. 2754; NORTH DAKOTA— 1 2, 000. Laws 
 1909, ch. 195, sec. i; OHIO— not more than $2,500. Code 1910. sec. 494; OKLAHOMA— 
 |2,ooo. Sess. Laws 1908, ch. 18, art. i, sec. 2; OREGON — not more than $2,000. Gen. 
 Laws 1907, ch. 53, sec. 5; PENNSYLVANIA— $4,000. Laws 1907, no. 250, sec. 23; RHODE 
 ISLAND— $3,000. Acts 1912, ch. 795, sec. u; SOUTH DAKOTA— not more than $1,500. 
 Rev. Pol. Code 1903, sec. 195, as amended by Sess. Laws 1907, ch. 208; TENNESSEE — 
 $1,500 plus $500 in lieu of traveling expenses. Acts 1897, ch. 10, sec. 3, as amended by Acts 
 1907, ch. 390, sec. i; TEXAS — not more than $2,000. Sayles' Civ. Stats. 1897, art. 4361(3); 
 VERMONT — ^salary fixed by commission with approval of governor. Pub. Slats. 1906. 
 sec. 6172, as amended by Laws 1908, no. 116, sec. 21; WASHINGTON — $2,000. Laws 1911, 
 ch. 117, sec. 4; WISCONSIN — not more than $2,500. Laws 1907, ch. 382, sec. 1797-iih). 
 
 2. General Duties and Powers. 
 
 ARKANSAS, ARIZONA, CALIFORNIA, ILLINOIS, INDIANA, 
 MAINE, MARYLAND, MASSACHUSETTS,* MICHIGAN, 
 MONTANA, NEBRASKA, NEVADA, NEW JERSEY, NEW 
 MEXICO, NEW YORK, OHIO, OREGON, PENNSYLVANIA, 
 RHODE ISLAND, TENNESSEE, TEXAS, VERMONT, WASH- 
 INGTON, WISCONSIN 
 
 Secretary or clerk shall keep full and correct 
 record of all transactions and proceedings of commission and shall 
 perform such other duties as may be required. Ariz. — Sess. 
 Laws 1Q12, ch. go, sec. 5; Ark.- — Kirby's Digest 1Q04, sec. 6/gj; 
 Cat. — Stats. 1 911, ist ex. sess., ch. 14, sec. 5; ///. — Revisal igog, 
 
 174 ch. 114, sec. I'/o; Ind. — Acts igoy, ch. 241, sec. 2(a); Me. — 
 Rev. Stats, igoj, ch. 57, sec. 48, as amended by Pub. Laws igog^ 
 ch. 141; Md. — Laws igio, ch. 180, sec. 2; Mass. — Rev. Laws 
 igo2, ch. 121, sec. 2. Acts igo6, ch. 463, pt. i, sec, i; Mich. — 
 Pub. Acts igog, no. $00, sec. 2(h); Mont. — Rev. Codes igoy, 
 sec. 4371; Neb. — Cobbey's Annot. Stats, igog, sec. 10760; Nev.— 
 Stats, igoy, ch. 44, sec. i{i), as amended by Stats, igii, ch. igj; 
 N. J. — Laws igii, ch. igj, sec. 6; N. M. — Const., art. xi, sec. 4; 
 N. Y: — Laws igio, ch. 480, sec. 7; Ohio — Code igio, sec. 4g^; 
 Ore. — Gen. Laws igo7, ch. 53, sec. 6; Pa. — Laws igo7, no. 2 jo, 
 sec. 2; R. I. — Acts igi2, ch. 7gs, sec. 11; Tenn. — Acts i8g7, 
 ch. 10, sec. 6; Tex. — Sayles' Civ. Stats, i8g7, art. 4j6i(j); Vt. — 
 Pub. Stats. igo6, sec. 45g5; Wash. — Laws igii, ch. 117, sec. 4; 
 Wis. — Laws igoj, ch. 362, sec. i7g7-i{i). 
 
 Clerk of railroad commission keeps his records subject to the con- 
 trol of the commission in so far as is essential in the proper adminis- 
 tration of justice in the proceedings before them. Inhabitants of 
 Newton vs. Board of Railroad Commissioners, 205 Mass. 94. 
 
 J. Special Duties and Powers. 
 Special duties and powers of secretary or clerk follow : 
 
 ARIZONA — secretary shall also have all the powers conferred by law upon peace 
 officers to carry weapons, make arrests and serve warrants and other process in any county, 
 176 city or town of this state. Sess. Laws 1912, ch. 90, sec. 5; ARKANSAS — secretary shall 
 administer all oaths and certify to all official acts done by commission. Kirby's Digest 
 1904, sec. 6796; CALIFORNIA — secretary shall issue all necessary processes, warrants, 
 writs and notices. Stats. 1911, ist ex. sess., ch. 14, sec. 3; INDIANA — secretary shall be 
 the fiscal and disbursing agent of commission. Acts 1907, ch. 241, sec. 2{a); KANSAS — 
 secretary shall also be the rate clerk. Gen. Slats. 1909, sec. 7i73; MARYLAND, NEW 
 * Gas and Electric Commission and Railroad Commission. 
 
 97 
 
YORK and PENNSYLVANIA— secretary shall keep full and correct records of all books, 
 maps and documents ordered filed and shall be responsible to commission for safe custody 
 of same at office of commission, under direction of commission shall have general charge 
 of office and superintend the clerical business, shall have power to administer oaths in all 
 parts of state so far as the exercise of such power is properly incidental to the performance 
 of his duties or of commission, and shall designate from time to time one of the clerks 
 appointed by commission to perform his duties during his absence, and during such time 
 the clerk so designated shall at the office possess the powers of secretary of commission. 
 Md. — Laws iQio, ch i8o, sec. 2; N. Y. — Laws 1910, ch. 480, sec. 7; Pa. — Laws 1907, 
 no. 230, sec. 2: MICHIGAN — secretary shall devote his entire time to his office. Puh. 
 Acts 1909, no. 300, sec. 2(h); MINNESOTA— secretary shall also act as registrar. Rev. 
 Laws 1905, sec. 1957, os amended by Laws 1911, ch. 140; MONTANA— secretary shall be 
 custodian of records and shall file and preserve at office of commission all books, maps 
 and documents entrusted to his care and be responsible to commission for same. Rev. 
 Codes 1907, sec. 437 1; NEVADA — secretary of railroad commission shall act as secretary 
 of public service commission. Stats. 1911, ch. 162, sec. 2; NEW JERSEY — secretary shall 
 be official reporter of proceedings of commission. Laws 191 1, ch. 195, sec. 6; NORTH 
 DAKOTA — secretary shall devote his entire time to work of commission. Laws 1909, ch. 
 195, sec. i; PENNSYLVANIA — secretary shall be chief executive officer. Laws 1907, no. 
 250, sec. 2; RHODE ISLAND — secretary shall be responsible to commission for safe 
 custody and preservation of all documents and seal which he shall affix to all documents 
 and orders as required, shall have general charge of office and superintend business and 
 shall have power to administer oaths at any hearing or investigation conducted by com- 
 mission. Acts 1912, ch. 795, sec. 11; VERMONT — clerk shall have custody of seal of 
 commission, general charge of office, shall file and preserve in office all documents entrusted 
 to his care, prepare such papers and notices as may be required, shall have all powers and 
 discharge all duties incident to a clerk of court of record, shall have power under direction 
 of commission to issue subpoenas for witnesses and to administer oaths in all cases before 
 commission or pertaining to his duties, shall pay the debentures of witnesses in all cases 
 before commission in behalf of or for the convenience or safety of public in the investiga- 
 tion of accidents and shall have office in state house. Puh. Stats. 1906, sec. 4595. 
 
 O. ATTORNEY OF COMMISSION. 
 
 I. Manner of Appointment, Term, Qualifications, Oath, Manner of 
 Removal and of Filling Vacancy, Salary. 
 
 Manner of appointment, term of office, quali- 
 fications, oath required, manner of removal and of filling vacancy, 
 and salary of attorney or counsel of commission are as follows : 
 
 UNITED STATES, CALIFORNIA, FLORIDA, KANSAS, LOXHSIANA, MINNESOTA, 
 NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, NORTH DA- 
 KOTA, OREGON and WISCONSIN— attorney or counsel shall be appointed or employed 
 by commission. U. S. — Act to Regulate Commerce, sec. 16; Cal. — Stats. 1911, ist ex. sess.^ 
 ch. 14, sec. 4; Fla. — Laws 1907, ch. 5620, sec. i; Kan. — Laws 1911, ch. 238, sec. 7; La. — 
 Stats. 1 910, no. 263, sec. 4; Minn.— Rev. Laws 1905, sec. i960; N. H.—Laws 191 1, ch. 
 164, sec. 16(c); N. J. — Laws 191 1, ch. 195, sec. 3; N. Y. — Laws 1910, ch. 480, sec. 6; 
 N. C. — Pell's Revisal 1908, sec. mo; N. D. — Rev. Codes 1903, sec. 370; Ore. — Gen. Laws 
 1907, ch. 33, sec. 37. Gen. Laws 1911, ch. 279, sec. 74; Wis. — Laws 1907, ch. 499, sec. 
 I797m-I02{4); ALABAMA — special counsel may be employed by governor. Acts 1907, 
 sp. sess., no. 21, sec. 3; GEORGIA — attorney to commission shall be appointed by gover- 
 176 nor. Code 1911, sec. 2624; INDIANA — counsel appointed by commission, appointment 
 to be in writing and approved by governor. Acts 1907, ch. 241, sec. 2(a); IOWA — com- 
 merce counsel shall be appointed by commission subject to approval of two-thirds of senate 
 in executive session. Laws 191 1, ch. 94, sec. i; MARYLAND — general counsel shall be 
 appointed by governor upon recommendation of commission and shall be eligible for reap- 
 pointment by governor. Laws 19T0, ch. 180, sec. 2; MONTANA — special counsel shall 
 be appointed by commission with consent and approval of attorney-general. Rev. Codes 
 1907, sec. 43S3', PENNSYLVANIA — attorney shall be appointed by commission subject 
 to approval of governor. Laws 1907, no. 230, sec. 2. 
 
 CALIFORNIA and NEW YORK — attorney or counsel shall serve during pleasure of 
 commission. Cal. — Stats. 1911, ist ex. sess., ch. 14, sec. 4; N. Y. — Laws iqio, ch. 480^ 
 
 98 
 
sec. 6; GEORGIA, IOWA— term, four years and until successor is appointed and qualified. 
 
 177 Ga. — Code igii, sec. 2624; la. — Laws 1911, ch. Q4, sec. i; KANSAS — ^term two years. 
 Laws 191J, ch. 238, sec. 7; MARYLAND — term six years. Laws 1910, ch. 180. sec. 2. 
 
 IOWA — Commerce counsel shall be an attorney of Iowa, shall not be in employ of, own 
 stock, bonds or property in any utility or have any pecuniary interest in any utility or busi- 
 ness subject to jurisdiction of commission or interstate commerce commission, shall not after 
 entering upon duties acquire any stock or other interest in any utility or business, shall not 
 
 178 engage in any other business, vocation or employment, be a member of any political commit- 
 tee, contribute to or take part in any political campaign. Code 190T, sec. 2111. Laws 191 1, 
 ch. 94, sec. i; KANSAS — attorney shall have same qualifications as are required of com- 
 missioners and shall be subject to same disqualifications, and shall be sworn to perform 
 faithfully the duties of his office. Laws 1911, ch. 238, sec. 7; MARYLAND — general coun- 
 sel shall be subject to same disqualifications as commissioners. Laws 1910, ch. 180, sec. 2. 
 
 GEORGIA — attorney may be removed by governor at any time. Code 1911, sec. 
 2624; IOWA — commerce counsel may be removed by commission by and with consent 
 of senate during a session of general assembly for malfeasance or nonfeasance in office or 
 for any cause that renders him ineligible for appointment or incapable or unfit to discharge 
 the duties of his office and removal when so made shall be final. Vacancy occurring in 
 
 179 office of commerce counsel while general assembly is in session shall be filled by appoint- 
 ment by commission with approval of two-thirds of senate in executive session; if general 
 assembly is not in session vacancy shall be filled by appointment by commission which 
 appointment shall expire thirty days from time the next general assembly convenes. Laws 
 191 1, ch. 94, sec. i; MARYLAND — general counsel may be removed by governor for 
 inefficiency, neglect of duty or misconduct in office. He shall be given a copy of the charges 
 against him and an opportunity of being heard publicly in his own defence upon not less 
 than ten days' notice. Laws 1910, ch. 180, sec. 2. 
 
 Salaries: UNITED STATES — compensation of attorneys fixed by commission. Act 
 to Regulate Commerce, sec. 18; ALABAMA — salary fixed by agreement between governor 
 and special counsel. Acts 1907, sp. sess., no. 21, sec. 5; CALIFORNIA — salary as fixed 
 by law. Stats. 191 1, ist ex. sess., ch. 14, sec. 10(a): FLORIDA — such compensation as com- 
 mission deems proper. Laws 1907, ch. 5620, sec. i; GEORGIA — $2,500. Code 1911, sec: 
 2624; INDIANA — salary fixed by commission and approved by governor. Acts 1907, ch. 
 241, sec. 2(0); IOWA — Js.ooo. Laws 1911, ch. 94, sec. 3; KANSAS — $2,500. Laws 1911, 
 
 180 ch. 238, sec. 7; LOUISIANA — not exceeding 25% of all fines and forfeitures collected by 
 him. Const, art. 288, as amended by Stats. 1907, no. 15; MARYLAND — $3iOOO and in 
 addition $1,800 paid by city of Baltimore. Laws 1910, ch. 180, sec. 2; MONTANA — 
 compensation of special counsel fixed and determined by state board of examiners. Rev. 
 Codes 1907, sec, 4383; NEW HAMPSHIRE — ^reasonable attorney's fees. Laws 191 1, ch. 
 164, sec. 16(c); NEW JERSEY — ^fixed by commission. Laws 1911, ch. 195, sec. 5; NEW 
 YORK — $10,000. Laws 1910, ch' 480, sec. 13; NORTH CAROLINA — at compensation 
 to be agreed upon. Pell's Revisal, 1908, sec. mo; NORTH DAKOTA — at compensation 
 determined by governor. Rev. Codes 1905, sec. 370; OREGON — compensation fixed by 
 commission. Gen. Laws 1907, ch. 53, sec. 57. Gen. Laws igii, ch. 279, sec. 74; PENN- 
 SYLVANIA — $4,000. Laws 1907, no. 250, sec. 23. 
 
 2. Attorney General as Attorney of Commission. 
 
 UNITED STATES, ALABAMA, ARIZONA, ARKANSAS, CALI- 
 FORNIA, COLORADO, FLORIDA, GEORGIA, ILLINOIS, 
 IOWA, KAJ^SAS, KENTUCKY, LOUISIANA, MASSACHU- 
 SETTS,! MICHIGAN, MINNESOTA, MONTANA, NEVADA, 
 NEW HAMPSHIRE, NEW MEXICO, NORTH DAKOTA, 
 OHIO, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH 
 DAKOTA, WASHINGTON, WISCONSIN 
 Attorney general shall be attorney of commission.^ U. S. — Act 
 
 181 to Regulate Commerce, sec. 12; Ala. — Acts igoj, sp. sess., no. 21, 
 
 1 Railroad Commission. 
 
 2 FLORIDA — attorney general shall not require other fees than he now receives by law. 
 Gen. Stats. 1906, sec. 2909; LOUISIANA — attorney general shall receive npt exceeding 
 25 % of all fines and forfeitures collected by him..— Const., art. 288, as amended by Stats. X907, 
 no. J3. 
 
 99 
 
sec. 5; Ariz. — Sess. Laws igi2, ch. go, sec. 4; Ark. — Acts igo'j, 
 no. 422, sec. 5; Cal — Stats, igii, ist ex. sess., ch. 14, sec. 72; 
 Col. — Laws 1 910, sp. sess., ch. 5, sec. 12; Fla. — Gen. Stats. 1906, 
 sec. 2898; Ga. — Code 1911, sec. 2648; III. — Revisal 1909, ch. 
 114, sec. 183; la. — Code 189^, sec. 2120(c); Kan. — Gen. Stats. 
 1909, sec. yiJ2; Ky. — Carroll's Stats. 1909, sec. 826; La. — 
 Const., art. 288, as amended by Stats, igoy, no. 15; Mass. — Acts 
 1911, ch. yjj, sec. 5; Mich. — Pub. Acts 1909, no. 300, sec. 41; Minn. 
 — Rev. Laws 1905, sec. i960; Mont. — Rev. Codes igoy, sec. 4397; 
 Nev. — Stats. 1911, ch. 162, sec. 24; N. H. — Laws 1911, ch. 164, 
 sec. 16(a); N. M. — Const., art. xi, sec. 4; N. D. — Rev. Codes 
 1905, sec. 4347; Ohio — Code 1910, sec. 577; Okla. — Sess. Laws 
 
 1908, ch. 18, art. Hi, sec. 9; Ore. — Gen. Laws 1907, ch. jj, sec. 
 57. Gen. Laws 191 1, ch. 279, sec. 74; R. I. — Acts 1912, ch. 795, 
 sec. 31; S. D. — Rev. Pol. Code 1903, sec. 499; Wash. — Laws 
 1911, ch. 117, sec. 5; Wis. — Laws igoj, ch. 362, sec. 1797-31. 
 Laws 1907, ch. 499, sec. 1797^1-102(2). 
 
 3. State's Attorney as Attorney of Commission. 
 
 UNITED STATES, CALIFORNIA, COLORADO, FLORIDA, ILLI- 
 NOIS, LOUISIANA, MICfflGAN, MINNESOTA, MONTANA, 
 NORTH DAKOTA, OHIO, OREGON, SOUTH DAKOTA, 
 WISCONSIN State's attorney of county in which suit is in- 
 stituted, prosecuted or defended by commission shall be attorney 
 of commission in such county.^ V . S. — Act to Regulate Com- 
 merce^ sec. 12; Cal. — Stais. 191 1, ist ex. sess., ch. 14, sec. 72; 
 Col. — Laws igiOy sp. sess., ch. 5, sec. 12; Fla. — Laws 1907, ch. 
 
 182 5620, sec. i; III. — Revisal 1909, ch. 114, sec. 183; La. — Const., 
 art. 288, as amended by Stats. 1907, no. 15; Mich. — Pub. Acts 
 
 1909, no. 300, sec. 41, Minn. — Rev. Laws 1905, sec: i960; Mont. — 
 Rev. Codes 1907, sec. 4383; Nev: — Stats. 1911, ch. 162, sec. 24; 
 N. D. — Rev. Codes 1905, sec. 4358; Ohio — Code igio, sec. 577; 
 Ore. — Gen. Laws 1907^ ch. 5j, sec. ^7. Gen. Laws 1911, ch. 279, 
 sec. 74; S. D. — Sess. Laws 1911, ch. 207, sec. 19; Wis. — Laws 
 1905, ch. 362, sec. 1797-31. Laws 1907, ch. 499, sec. i797m-i02(2). 
 
 4. General Duties and Powers of Attorney. 
 
 ALABAMA, CALIFORNIA, FLORIDA, KANSAS, MARYLAND, 
 NEW HAMPSHIRE, NEW YORK 
 
 Attorney or counsel shall represent com- 
 mission and people of state in all actions and proceedings, shall 
 prosecute and defend and if so directed shall intervene in 
 actions to which commission may be party, shall advise com- 
 188 mission and commissioners and generally shall perform all 
 duties which may be required. Ala. — Acts 1907, sp. sess., no. 
 
 ' Salaries: FLORIDA — state's attorney shall not require other fees than he now 
 receives by law. Gen. Stals. 1906, sec. 2909; LOUISIANA — state's attorney shall receive 
 • not exceeding 25 per cent of all fines and forfeitures collected by him. Const., art. 288, as 
 amended by Stats. 1907, no. zj. 
 
 100 
 
21, sec. 5; CaL- — Stats. 191 1, ist ex. sess., ch. 14; 'secrfzy'M'd,-}--: 
 Laws 1907, ch. 5620, sec. i; Kan.- — Gen. Stats. 1909, sec. 7182; 
 Md. — Laws 1910, ch. 180, sec. 6, as amended by Laws 1912, ch. 
 563; N. H. — Laws 191 1, ch. 164, sec. i6{c); N. Y. — Laws 19 10, 
 ch. 480, sec. 12. 
 
 5. Special Duties and Powers of Attorney. 
 
 Special duties and powers of attorney and counsel are 
 as follows: 
 
 UNITED STATES — attorneys shall appear for and represent commission in commerce 
 court. Act to Regulate Commerce, sec. i6; ALABAMA — special counsel shall assist attor- 
 ney general. Ads 1907, sp. sess., no. 21, sec. 4; ILLINOIS — special counsel shall assist 
 attorney general. Revisal igog, ch. 114, sec. 130; IOWA — commerce counsel shall investi- 
 gate reasonableness of rates charged or services rendered by utilities and reasonableness 
 of rates, charges, rules and practices of interstate carriers. Whenever directed by com- 
 mission or whenever in his own judgment any rates, charges, rules or practices are undue, 
 imjust, unreasonable, unlawfvd, undidy prejudicial or imjustly discriminatory against any 
 citizens or industries of Iowa he shall institute proceedings relative to said matters and 
 184 prosecute the same before commission. If they concern interstate transportation he shall 
 assist commission when directed in the prosecution of cases involving said matters before 
 the interstate commerce commission. He may appoint and remove subject to approval 
 of commission assistants, stenographers and rate clerks at compensation fixed by com- 
 mission. Laws igii, ch. 04, sec. 5; KANSAS — attorney shall defend and prosecute all 
 proceedings on behalf of parties complaining of unjust discriminations or of other viola- 
 tions of law, shall when circumstances warrant make a complaint to commission in name 
 of the state on his relation, whereupon commission shall consider and determine such com- 
 plaint, shall appoint a stenographer at $1,200, and shall make a special study of the rail- 
 road laws of Kansas and other states and the interstate commerce acts. Laws igii, ch. 
 238, sec. 7; MARYLAND — whenever complaint is made to commission concerning any 
 matter or thing done, permitted, maintained or omitted to be done by any utility with 
 respect to any of the requirements imposed by the public service commission law, any 
 other law, charter, franchise or ordinance or any order of this commission or otherwise, 
 general counsel shall in person or through an assistant whenever commission shall so direct 
 upon a prima facie case or otherwise or when there shall appear to commission to be any 
 reasonable ground for investigating such application, complaint or protest, participate in 
 the preparation or reforming of pleadings of commission if need be or investigate or further 
 investigate the facts or evidence upon which the application, complaint or protest is based 
 or may be based. He shall appear before commission in respect to investigations or in 
 support of applications or complaints by and in behalf of or in the interest of the public 
 or in defense of public interest when involved and subject to order of commission. He 
 may appoint an assistant at l3,ooo who shall be a member of the bar of Maryland, and 
 may if governor deems necessary employ other attorneys as additional assistants at such 
 special compensation as general counsel with written approval of governor may prescribe. 
 He may employ a stenographer at $1,500, and assistant stenographers at salaries ascer- 
 tained in manner prescribed for ascertainment of compensation of general employes of 
 commission, and may avail himself of the services of experts employed by commission as 
 well as the records and other facilities of commission. Laws igio, ch. 180, sees. 2, 6 {as 
 amended by Laws igi2, ch. 3O3); MINNESOTA — counsel shall assist attorney general; 
 Rev. Laws igos, sec. ig6o; MONTANA — special counsel shall assist in any proceeding 
 instituted. Rev. Codes igo7, sec. 4383; NEW YORK — counsel may appoint and remove 
 subject to approval of commission attorneys and counsellors at law to assist him and also 
 shall employ and remove stenographers and process servers whose compensation shall be 
 fixed by commission. Laws igio, ch. 480, sec. 6; NORTH DAKOTA — counsel shall assist 
 attorney general and state's attorney. Rev. Codes igoj, sec. 4348; PENNSYLVANIA — 
 attorney shall attend hearings of commission, conduct the examination of witnesses upon 
 request of commission, and assist attorney general in all actions brought by him incidental 
 to the recommendation and ruling of commission. Laws igo7, no. 250, sec. 2; WISCON- 
 SIN — counsel shall be attorney in any proceeding or trial. Laws 1907, ch. 4gg, sec. 1797m- 
 
 102{4). 
 
 lOI 
 
6. Genet hX Duties and Powers of Attorney General. 
 
 ALABAMA, ARIZONA, ARKANSAS, FLORIDA, ILLINOIS, IOWA, 
 KANSAS, MASSACHUSETTS,! MICHIGAN, MINNESOTA, 
 MONTANA, NEVADA, NEW MEXICO, NORTH DAKOTA, 
 OHIO, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH 
 DAKOTA, WASHINGTON, WISCONSIN 
 
 Attorney general shall institute, prosecute and 
 defend all actions whenever requested by commission and shall 
 aid and advise commission generally. Ala. —Acts igoy, sp. sess., 
 no. 21^ sec. J, Ariz. — Sess. Laws igi2, ch. go, sec. 4; Ark. — Acts 
 igoy, no. 422, sec. 5; Fla. — Gen. Stats. igo6, sec. 2g2i; III. — 
 Revisal igog, ch. 114, sec. i8j; la. — Code i8gy, sec. 2120(c); 
 
 185 Kan. — Gen. Stats, igog, sec. J 17 2; Mass. — Acts igii, ch. '755, 
 sec. 5; Mich. — Pub. Acts igog, no. joo, sec. 41; Minn. — Rev. 
 Laws igo^y sec. igdo; Mont. — Rev. Codes igo'/, sec. 4387; Nev. — 
 Stats, igiiy ch. 162, sec. 24; N. M. — Const., art. xi, sec. 4; N. 
 D. — Rev. Codes igoj, sec. 43gy; Ohio — Code igio, sec. ^yy; 
 Okla. — Sess. Laws igo8, ch. 18, art. Hi, sec.g; Ore. — Gen. Laws 
 igoy, ch. 5j, sec. 57. Gen. Laws igii, ch. 2yg, sec. 74; R. I. — 
 Acts igi2, ch. 7P5, sec. 31; S. D. — Sess. Laws igoj, ch. 210, 
 sec. I. Sess. Laws igii, ch. 207, sec. ig; Wash. — Laws igii, 
 ch. 117, sec. g3; Wis. — Laws igoj, ch. 362, sec. I7g7-3i. Laws 
 igo7, ch. 4gg, sec. I7g7m-i02{2). 
 
 7, Other Duties and Powers of Attorney General. 
 Other duties and powers of attorney general are as follows : 
 
 ARB:ANSAS, FLORIDA, GEORGIA and IOWA— attorney general shall upon request 
 represent commission before interstate commerce commission. Ark. — Acts 1907, no. 422, 
 sec. 5; Fla. — Gen. Stats. 1906, sec. 2898; Ga. — Code 1911, sec. 2648; la. — Code 1897, sec. 
 2120c; LOUISIANA — assistant attorney general shall attend the sessions of commission 
 and assist parties complainant before commission. Stats. 1910, no. 263, sec. 4; MASSA- 
 CHUSETTS (Railroad Commission) — ^attorney general shall appear before commission in 
 any matter either upon his own motion or at request of any individual when in his opinion 
 or in opinion of commission the interest of the commonwealth or public demands. Acts 
 
 1911, ch. 755, sec. 5; MICHIGAN — attorney general shall prosecute all necessary pro- 
 ceedings for enforcement of laws relating to carriers and for punishment of violations 
 thereof. Pub. Acts 1909, no. 300, sec. 41; NORTH CAROLINA — ^upon application attorney 
 
 186 general shall represent commission before interstate commerce commission. PeU's Revisal 
 1908. sec. mo; NORTH DAKOTA — attorney general shall whenever petition shall be 
 filed or presented or be prosecuted by commission or by Its direction prosecute the same 
 and in such prosecution shall have the right to have the assistance of the state's attorney 
 of county in which such proceedings are instituted, and may employ an attorney to assist 
 in any proceeding brought at amount to be approved by attorney general and commission. 
 Rev. Codes 1905, sec. 4361; OHIO — attorney general shall institute and prosecute neces- 
 sary actions or proceedings for the enforcement of laws relating to railroads and for pim- 
 ishment of all violations of law. Code J 910, sec. 577; OKLAHOMA — attorney general 
 or other person as may be designated by law shall represent commission in all matters before 
 interstate commerce commission. Const., art. ix, sec. 32; RHODE ISLAND — attorney 
 general shall intervene in any action or proceeding in which any question is involved. Acts 
 
 1912, ch. 795, sec. 10; SOUTH DAKOTA^ — attorney general shall render to commission 
 all coimsel. advice and opinions in writing when requested; commission shall not employ 
 
 » Railroad Commission. 
 
 2 It is unlawful for commission to delegate any of the powers conferred upon it, or 
 the performance of the duties imposed upon it by law. to any other person except in cases 
 where express authority has been given. Sess. lmws 1907% ch. 210, sec. 2. 
 
 102 
 
other counsel. Sess. Laws 1907, ch. 210, sec. i. Sess. Laws 1911, ch. 207, sec. 44; VIR- 
 GINIA — attorney general shall represent commission before interstate commerce commis- 
 sion. Pollard's Code 1904, sec. i294c{i); WASHINGTON — attorney general shall see 
 that all laws the enforcement of which devolves upon commission are enforced and to 
 that end may institute, prosecute and defend all necessary actions and proceedings. Laws 
 1911, ch. 117' sec. 5. 
 
 8. Duties and Powers of Staters Attorney. 
 
 UNITED STATES, FLORIDA, MICHIGAN, MINNESOTA, MON- 
 TANA, NORTH DAKOTA, OHIO, OREGON, SOUTH DA- 
 KOTA, WISCONSIN 
 
 State's attorney of any county in which action 
 is pending shall upon request represent and aid commission and 
 prosecute and defend all actions to which commission may be 
 187 party. U. S. — Act to Regulate Commerce, sec. 12; Fla. — Laws 
 iQoy, ch. 5620, sec. 2; Mich. — Puh. Acts igog, no. joo, sec. 41; 
 Minn. — Rev. Laws 1905, sec. ig6o; Mont. — Rev. Codes igoy, sec. 
 438'/; N. D. — Rev. Codes igoj, sec. 43g7; Ohio — Code igio, sec. S77.; 
 Ore. — Gen. Laws igoy, ch. 53, sec. 57; Gen. Laws igii, ch. 27g, 
 sec. 74; S. D. — Rev. Pol. Code igoj, sec. 4gg; Wis. — Laws igoj, 
 ch. 362, sec. I7g7-3i. Laws igo7, ch. 4gg, sec. I7g7m-i02{2). 
 
 P. EMPLOYES AND APPOINTEES OF 
 COMMISSION. 
 
 Classes, Qualifications, Number, Length, of Term, Salaries, Duties, and Powers. 
 
 UNITED STATES Necessary employes; special agents or ex- 
 aminers who may administer oaths, examine witnesses and re- 
 
 188 ceive evidence. Compensation of employes is fixed by commis- 
 sion. Act to Regulate Commerce, sees. 18, 20. 
 
 ALABAMA Stenographer at not exceeding $1,200; neces- 
 
 189 sary experts at not exceeding $5,000 in the aggregate. Code 
 igo7, sec. 5640. 
 
 Special agents, examiners or employes designated or em- 
 
 190 ployed by commission may administer oaths, examine wit- 
 nesses and receive evidence. Code igo7, sec. ^640. Acts igo7, 
 sp. sess., no. 17, sec. 3. 
 
 ARIZONA Necessary officers, experts, engineers, statis- 
 
 ticians, accountants, inspectors, clerks and employes at com- 
 pensation fixed by commission to serve during pleasure of 
 
 191 commission. No person pecuniarily interested in any utility 
 under jurisdiction of commission shall be appointed or employed 
 by commission. Each person appointed to a civil executive 
 office shall take the constitutional oath of office. Sess. Laws 
 igi2, ch. go, sess. 6, 7, 10. 
 
 ARKIANSAS Stenographer at not exceeding $1,000; ex- 
 
 192 perts when necessary at salary fixed by commission. Kirby's 
 Digest igo4, sec. 67g3. 
 
 103 
 
CALIFORNIA Assistant secretary at salary fixed by law who 
 
 shall take and subscribe to constitutional oath of office and shall 
 have all powers conferred by law upon peace officers to carry 
 weapons, make arrests and serve warrants and other processes; 
 necessary officers, experts, engineers, statisticians, accountants, 
 
 193 inspectors, clerks and employes at compensation fixed by com- 
 mission to serve during pleasure of commission. No person pe- 
 cuniarily interested in any utility tmder jurisdiction of commis- 
 sion shall be appointed or employed by commission. Each 
 person appointed to a civil executive office shall take the con- 
 stitutional oath of office. Stats, igii, ist ex. sess., ch. 14, sees. 
 5-7, 10(a). 
 
 COLORADO Assistant secretary at $2,500; stenographer 
 
 194 at $2,100; other necessary help within limits of appropriation. 
 Laws igio, sp. sess., ch. 5, sec. 18. 
 
 CONNECTICUT Necessary accountants, clerical assistants, en- 
 
 gineers, inspectors and agents at compensation determined by 
 
 195 commission. No employes of any public utility shall be em- 
 ployed by commission. Pub. Acts igii, ch. 128, sec. 7. 
 
 FLORIDA Competent inspector at compensation fixed 
 
 by commissioners who shall inspect the physical condition of the 
 road bed, rights of way, depot, rolling stock and other fixtures 
 
 196 and equipment of any railroad in Florida, shall inspect and make 
 estimates on the cost of producing the same and shall report in 
 writing the results of his inspection, investigation and estimations 
 to commissioners at such times and in such manner as they shall 
 direct. Laws igoy, ch. 5622, sec. i. 
 
 GEORGIA One or more rate experts at not exceeding 
 
 $4,000 in the aggregate; stenographer at not exceeding $1,200; 
 
 197 necessary experts to ascertain cost of construction and present 
 value of railroad properties. Code igu, sec. 262^. Acts igoy, 
 
 ' no. 223, sec. 15. 
 
 ILLINOIS Necessary employes at compensation fixed 
 
 by commission; inspector of safety appliances for two" years and 
 imtil successor is appointed and qualified at $1,500 and expenses 
 not exceeding $1,000 a year, who shall not be employed by or in- 
 terested in any railroad, and shall have had at least seven years 
 
 198 of railroad experience in Illinois in one or more of following ca- 
 pacities: Engineer, fireman, conductor, yardmaster, brakeman, 
 train baggageman, switchman, car inspector or repairer. He 
 shall furnish bond in sum of $3,000, take usual oath of office, have 
 his office in same place as commission and be under supervision of 
 commission. Revisal igog, ch. 114, sees. lyo, 237-23g. 
 
 Commission may remove upon complaint for cause, reap- 
 
 199 point or reduce number of employes and appointees. Same, 
 sec. 146(10). 
 
 104 
 
» 
 
 INDIANA Clerk at not exceeding $1,500 who shall take 
 
 usual oath of office; necessary employes, competent railroad in- 
 
 soo spectors, experts or engineers at salaries approved by governor, 
 whose appointments shall be made in writing and approved by 
 governor. Acts iQoy, ch. 241, sec. 2(0). 
 
 IOWA Necessary clerical help; assistants, stenog- 
 
 201 raphers and rate clerk at compensation fixed by commissioners. 
 Code i8gy, sec. 2111. Laws igii, ch. Q4, sec. j. 
 
 KANSAS Stenographer at $ i , 000 ; stenographer at $900 ; 
 
 two clerks at $900 each; rate expert who shall have had at least 
 seven years' experience in railroad traffic and rate making, shall 
 not be directly or indirectly interested in the stock or bonds of 
 any railroad and shall take an oath faithfully and to the best of 
 
 202 his ability to perform and discharge his duties; necessary extra 
 accountants, engineers, rate experts and special assistants ap- 
 pointed subject to approval of governor at compensation fixed 
 by commission; necessary experts to assist in ascertaining cost 
 of construction of railroads. No person related by blood or mar- 
 riage to any commissioner shall be employed or appointed. Gen. 
 Stats. igoQy sec. 7183. Laws igii, ch. 2j8, sec. 8. 
 
 KENTUCKY Stenographer at $1,200; rate clerk at $1,800. 
 
 203 Carroll's Stats, igog, sec. 822. 
 
 MAINE Mechanical expert; assistant clerk at $1,200 
 
 appointed by governor on recommendation of commission who 
 
 204 shall assist clerk in performing his duties and in absence of 
 clerk shall have same powers as clerk. Rev. Stats, igoj, ch. 5/, 
 sec. 48, as amended by Pub. Laws igog, ch. 141; ch. 116, sec. i. 
 
 MARYLAND Necessary officers, clerks, stenographers, type- 
 
 writers, inspectors, experts and employes appointed subject to 
 approval in writing of governor at compensation fixed by com- 
 
 205 mission and certified to and approved in writing by the governor, 
 each of which employes shall take and subscribe to constitutional 
 oath of office, and shall be subject to same disqualifications as 
 commissioners. Laws igio, ch. 180, sec. 2. 
 
 If in any case commission cannot ascertain in advance the 
 value of any service to be rendered to it or the proper compensa- 
 tion to be paid therefor, it shall certify such facts to governor 
 
 206 who may authorize appointment or acquisition of the service in 
 question, leaving value or compensation to be ascertained by 
 subsequent agreement or adjustment. Same. 
 
 See also par. 6jo. 
 
 MASSACHUSETTS Gas and electric commission: One or more 
 deputy inspectors of meters at compensation fixed by commis- 
 sion for a period not exceeding one year but total amount of com- 
 pensation and expenses shall not exceed $3,000 a year, who shall 
 be sworn, shall act under the direction of commission and shall 
 
ao7 not be connected with or employed by any gas company. From 
 decisions of such deputy inspectors a gas utihty or consimier may 
 appeal to commission. Such deputy inspectors may enter any 
 premises where the meter to be inspected is placed for the pur- 
 pose of making the inspection. Rev. Laws 1Q02, ch. 121, sec. 57. 
 Acts igo2, ch. 228, sees. 4, as amended by Acts igog, ch. 48 j, 
 sec. 6. 
 
 Gas and electric commission shall designate one of its mem- 
 
 208 bers to receive all fees, who shall give bond in sum of $5,000. 
 Acts igo2, ch. 228, sec. 5, as amended by Acts igog, ch. 48 j, 
 sec. 7. 
 
 Railroad commission: Assistant clerk at not more than $1,- 
 80G who shall be sworn before entering upon duties and who shall 
 perform such clerical and other office work as commission may 
 require and perform duties of clerk in his absence or during his dis- 
 ability if so directed by commission; accountant skilled in meth- 
 ods of railroad accounting at not more than $5,000 who tmder the 
 direction of commission shall supervise the methods by which 
 accounts of railroads or street railways are kept ; not more than 
 
 809 one inspector for every 1,000 miles of road track at $2,000 each, 
 appointed for three years and removable for cause by commis- 
 sion; one or more experts to examine reports thoroughly; experts 
 in connection with any proposed issue of stock or bonds by a 
 railroad or street railway, who shall investigate character, cost 
 and value for railroad purposes of property of such railroad or 
 street railway; experts and assistants in discretion of com- 
 mission, who shall examine into rates, facilities and financial 
 condition of any carrier. Acts igo6, ch. 41^, sec. 2. Acts igo6,_ 
 ch. 463, pt. iy sees, i, 2. 
 
 Highway commission: Clerks and engineers at compensa- 
 
 sio tion appropriated annually by general court. Rev. Laws igo2, 
 ch. 47, sec. I. 
 
 MICHIGAN Chief clerk at not more than $1,500; not more 
 
 than five clerks and necessary examiners, experts and inspectors 
 
 at compensation fixed by commission; chief inspecting engineer 
 
 ail at not exceeding $2,000 who shall have general knowledge of 
 
 the requirements of railroad operation, signal appliances and 
 
 -^ safety devices. Pub. Acts igog, no. joo, sees. 2{g), 2{i). 
 
 On order of commission and in their own right inspectors 
 shall inspect all equipment, cars, power houses, trolley lines, tracks 
 and property of every common carrier and may inspect freight 
 SIS in cars or warehouses of such carriers and all waybills, bills of 
 lading and shipping receipts to determine whether classification 
 and rating of freight conforms with published tariffs and classifi- 
 cation. Same, 2(g). 
 '•/:: Under instructions of commission chief inspecting engineer 
 
 "'•' shall make such inspections and reports regarding public safety, 
 7 health and convenience as may be ordered and deemed essential 
 it9 by commission to full and thorough information as to physical 
 condition of the various common carriers and proper enforcement 
 
 1 06 
 
I 
 
 of police regulations enacted for control and management thereof. 
 Same, sec. 2 (i). 
 
 MINNESOTA Necessary additional help at compensation 
 
 214 fixed by commission. Rev. Laws 1905, sec. 1957, as amended by 
 
 Laws 191 1, ch. 140. 
 
 Commission shall provide for necessary examinations to 
 216 determine qualifications and fitness of appointees. Laws igii^ 
 
 ch. 1^6, sec. 2. 
 
 MONTANA Necessary stenographers at not exceeding 
 
 $1,200; inspectors, experts and other persons. Each person ap- 
 
 216 pointed to office shall take and subscribe to constitutional oath of 
 office. Rev. Codes igoy, sees. 4367, 4368. 
 
 NEBRASKA Not more than two clerks at not exceeding 
 
 $1,200 each, at least one of whom shall be an expert stenographer 
 
 217 and typewriter; necessary experts. Cobbey's Annot. Stats. igoQ, 
 sec. 10650. 
 
 See also pars. 6jo, 654. 
 
 NEVADA Necessary clerks, experts and assistants at 
 
 compensation fixed by commission who may be removed by com- 
 mission and shall perform any service commission may require; 
 
 218 expert engineer at $3,600 and necessary traveling expenses, 
 whom commission may remove whenever his services shall be un- 
 satisfactory. Stats. 1907, ch. 44, sec. i{h), as amended by Stats. 
 1911, ch. 193. Stats. 1911, ch. 162, sec. 16. 
 
 NEW HAMPSHIRE Necessary stenographers, experts, account- 
 ants, without approval of governor and cotmcil at not more than 
 
 219 $4,000 in aggregate, and with such approval further stims as may 
 be necessary. Laws 191 1, ch. 164, sec. 2(f). 
 
 NEW JERSEY Necessary employes, terms, salaries and 
 
 220 duties being fixed by commission. Laws 1911, ch. 195, sec. 5. 
 
 NEW MEXICO Officers, assistants and subordinates, subject 
 
 221 to removal by commission. Const., art. xi, sec. 4. 
 
 NEW YORK Necessary officers, clerks, inspectors, experts 
 
 and employes at compensations fixed by commission; state in- 
 spector of locomotive boilers at not exceeding $3,000, who shall 
 inspect under direction of commission of second district boilers 
 
 222 of steam railroad locomotives and may cause the same to be 
 tested by hydrostatic test and shall perform such other duties in 
 connection therewith as commission shall direct. Each person 
 appointed by commission shall take the constitutional oath of 
 office. Laws 1910, ch. 480, sees. 9, 13; ch. 481, sec. 73. 
 
 NORTH CAROLINA Necessary clerks at not exceeding $1,500 in 
 SS8 the aggregate; chief clerk to tax commission at $1,500; second 
 
 107 
 
clerk to corporation commission at $1,200. PeWs Revisal 1Q08, 
 sec. 2754. 
 
 NORTH DAKOTA . One stenographer when necessary ; necessary 
 224 stenographers, rate experts and other employes. Laws igii, 
 ch. 240, sec. 4. 
 
 OHIO Three clerks, one at not exceeding $1,2 00 who 
 
 shall be an expert stenographer, and two at not exceeding $1,000 
 each; necessary experts, assistants, clerks, accountants and ex- 
 aminers at compensation fixed by commission; inspectors at 
 compensation fixed by commission who may inspect freight in 
 cars or warehouses, waybills, bills of lading and shipping receipts 
 of transportation companies; competent inspector of locomotive 
 
 22s boilers at not exceeding $180 per month who, under direction of 
 commission shall have charge of inspection of boilers and their 
 appurtenances and of steam railroad locomotives, and who shall 
 perform such other duties as commission may direct. All 
 appointments and salaries shall first be approved by governor. 
 Code igio, sec. 4Q4. Laws igio, H. B. no. 184, sec. 6. Laws igii, 
 no, 525, sec. 85. 
 
 OKLAHOMA Corporation record clerk at $2,200; expert ac- 
 
 coimtant and rate clerk at $2,500; official stenographer at $1,200, 
 
 226 stenographer at $900; marshal at $1,500; necessary experts to 
 assist in ascertaining the valuation of railroads. Const., art. ix, 
 sec. 2g. Sess. Laws ipo8, ch. 18, art. i, sec. 2. 
 
 OREGON Expert stenographer at not exceeding $1,200; 
 
 necessary" expert help at compensation fixed by commission; 
 necessary engineers, examiners, experts, clerks, accountants, in- 
 spectors and other assistants at compensation determined by 
 
 227 commission; necessary examiner or agent who shall have every 
 power of an inquisitorial nature granted to commission and same 
 powers as a notary public in taking depositions, and who may 
 undertake or hold any investigation or hearing which commis- 
 sion has power to undertake. Gen. Laws igoy, ch. 55, sec. 5. 
 Gen. Laws igii, ch. 2yg, sees. 38, jg. 
 
 PENNSYLVANIA Marshal appointed subject to approval of gov- 
 ernor at $2,500 who shall attend hearings of commission, serve 
 papers and perform other duties as required by commission; ac- 
 countant serving during pleasure of commission who shall be 
 thoroughly skilled in railroad accounts and under direction of 
 commission shall examine books and accounts of common car- 
 riers, supervise quarterly and annual reports made by them to 
 
 228 commission and perform other duties prescribed by commission; 
 two inspectors, one a civil engineer skilled in railroad affairs, and 
 one an expert in electrical affairs, each of whom shall make in- 
 spections directed by commission; necessary engineers, account- 
 ants, clerks and experts at compensation fixed by commission. 
 
 X08 
 
Each person appointed by commission shall take constitutional 
 oath of office. Laws igoy, no. 250, sees. 2-4. 
 See also par 6yy. 
 
 RHODE ISLAND Necessary clerks, stenographers, accoimtants 
 and agents at compensation fixed by commission; one or more 
 
 229 agents who shall make investigations in relation to any public 
 utility and report thereon to commission. Ads igi2, ch. yg^, 
 sec. 12. 
 
 SOUTH DAKOTA Necessary assistants who shall investigate thor- 
 oughly all complaints, inspect all lines and exchanges, investigate 
 any facts and conditions to be considered in rendering a decision 
 upon complaint, have power to subpoena witnesses, administer 
 oaths, take testimony, require the production and examination 
 of all books, papers, contracts and agreements relating to the 
 
 230 business or property of a telephone utility and report on evidence 
 so collected to commission, all evidence collected by whom shall 
 have same force and effect as if collected by commissioners ; neces- 
 sary experts and other assistants to properly ascertain and de- 
 termine the true cash value of railway property. Sess. Laws 
 igoj, ch. 211, sec. j. Sess. Laws igog, ch. 28g, sec. 12, as amended 
 by Sess. Laws igii, ch. 218, sec. 8. 
 
 TEXAS Not more than two clerks at not exceeding 
 
 $1,500 each; other necessary persons and experts; necessary 
 
 231 experts to assist in ascertaining valuation of railways. Sayles' 
 Civ. Stats. i8gy, arts. 4^61 {5), 4570. 
 
 VERMONT Engineer, accountant, stenographer or other 
 
 expert if commission deems such service important; sufficient 
 nimiber of clerks who shall perform clerical work of office; neces- 
 
 232 sary experts and temporary employes at compensation fixed 
 by commission subject to approval by governor. Puh. Stats. 
 igo6, sec. 4605. Laws igo8, no. 116, sec. 20. 
 
 VIRGINIA Clerk, bailiff, other clerks, officers, assistants 
 
 233 and subordinates at salaries fixed by commission who may be re- 
 moved by commission. Const., sec. 155. 
 
 WASHINGTON Expert rate clerk and statistician, engineer 
 
 and inspector of safety appliances, at not exceeding $3,000 each; 
 expert accountant and stenographer competent to report hear- 
 ings, at not exceeding $1,800 each; necessary engineers, inspec- 
 
 234 tors, accoimtants, experts, clerks and other assistants at compen- 
 sations determined by commission; special agents or examiners 
 who may administer oaths and examine witnesses. All em- 
 ployes shall take an oath faithfully and impartially to discharge 
 the duties of their several offices. Laws igii, ch. iiy^ sees. 6, 78. 
 
 \09l 
 
WISCONSIN Clerks and stenographers at compensation 
 
 fixed by commission who shall perform clerical work of office; 
 necessary experts and temporary 'employes at compensation 
 fixed by commission; necessary engineers, examiners, experts, 
 clerks, accoimtants and other assistants at compensation fixed 
 by commission; agents appointed by order in writing to make 
 any investigation with regard to any public utility, who in the 
 discharge of duties shall have every power of an inquisitorial 
 
 236 nature granted to commissioner and same powers as a court com- 
 missioner with regard to taking depositions. Commission may 
 delegate to such agents the taking of all testimony bearing upon 
 any investigation or hearing; but recommendations made by 
 agents shall be advisory only and shall not preclude the taking 
 of further testimony nor further investigation. Laws 1907, ch. 
 499, sees. 17977^.-40, 1797711-41(1) to i797m-4i{3), 1797171-106 (as 
 a7nended by Laws 1909, ch. 450) y ch. 582, see. 17 97-1 Qi). 
 
 Experts employed shall be exempt from operation of civil 
 
 ass service law of 1905, and amendatory acts. Laws 1907, eh. 5^2, 
 sec. 17 97-1 {h). 
 
 110 
 
CHAPTER II 
 
 General Powers of Commissions 
 
 SCOPE NOTE 
 
 This chapter includes grants of power which give 
 commissions general authority to regulate utilities. This 
 authority is found in the use of language involving gen- 
 eral supervision, in comprehensive enumeration of 
 particular powers in summary form, and in grants of 
 special powers of such broad scope as to amount to gen- 
 eral regulation. For provisions incidentally involving 
 grants of general power, see ch. xiv, on commission 
 procedure and practice. For general statements of par- 
 ticular powers, see ch. iv, on establishment and change of 
 rates, ch. vii, on service, and ch. viii, on safety of opera- 
 tion. For provisions authorizing commissions to examine 
 equipment and facilities, see ch. viii, on safety of opera- 
 tion. For provisions authorizing commissions to elicit 
 general information from utilities, and for those requir- 
 ing commissions to submit reports and make recom- 
 mendations, see ch. x, on reports. For provisions pre- 
 scribing general procedure to be followed in the exercise 
 of commission authority, see ch. xiv, on commission 
 procedure and practice. For provisions prescribing 
 general rules of enforcement and judicial review, see 
 ch. XV, on enforcement. For general statement of scope 
 and method, see introduction. 
 
 Ill 
 
ANALYSIS 
 
 Page 
 
 A. Extent of general authority of commission 113 
 
 1 Authority of commission to supervise and regulate utilities 
 
 designated 113 
 
 2 Authority of commission to enter upon the premises and ex- 
 
 amine the property of public utilities, and to hold investigations 
 with regard to the affairs and general condition thereof 136 
 
 3 Authority of commission to examine under oath the officers, 
 
 agents or employes of public utilities, and to inspect the books, 
 records and memoranda thereof 147 
 
 4 Authority of commission over allied businesses. 159 
 
 5 Territorial jurisdiction of commission 159 
 
 6 Authority of pre-existing boards or administrative officers con- 
 
 ferred on commission 162 
 
 B. Authority of commission to hold hearings on proposed changes of law 
 
 and make recommendations with respect thereto 167 
 
 C. Authority of commission to arbitrate or mediate in controversies affect- 
 
 ing public utilities 168 
 
 D. Authority of commission to visit and confer with other regulating bodies. 171 
 
 112 
 
A. EXTENT OF GENERAL AUTHORITY OF 
 COMMISSION 
 
 I. Authority of Commission to Supervise and Regulate Utilities 
 
 Designated. 
 
 UNITED STATES Commission may inqvdre into the management 
 of business of all common carriers and keep itself informed as to 
 
 187 the manner and method in which same is conducted and may 
 obtain from such common carriers, full and complete information 
 to enable it to perform its duties and carry out the objects for 
 which it was created. Act to Regulate Commerce, sec. 12. 
 
 S88 Commission is hereby authorized and required to execute 
 
 and enforce the provisions of this act. Same. 
 
 Enumeration of powers shall not exclude any power which 
 
 S39 commission would otherwise have in the making of an order 
 imder provisions in this act. Same, sec. 15. 
 
 ALABAMA Commission may supervise and control trans- 
 
 portation companies and express companies, car, sleeping car, 
 
 ^140 steamboat, or steam packet companies and also all telegraph and 
 telephone lines operating in more than one city or town. Code 
 1907, sec. 564'/. 
 
 Commission is charged with the duty of supervising, regulat- 
 ing and controlling all transportation companies doing business 
 
 «4i in this state, in all matters relating to the performance of their 
 public duties, and their charges therefor and of correcting abuses 
 therein by such companies. Same, sec. j6ji. 
 
 Commission may regulate railroad freight and passenger 
 tariffs, the locating and building of passenger and freight depots, 
 
 242 correct abuses, prevent imjust discrimination and extortion, and 
 require reasonable and just rates of freight and passenger tariffs. 
 Same, sec. 5652. 
 
 Commission ma}^ inquire into the management of the busi- 
 ness of all transportation companies, and shall keep itself in- 
 formed as to the condition, manner, and method in which the 
 
 243 same are conducted with reference to the security and accommoda- 
 tion of the public and their compliance with their charters and 
 the laws of the state. They may obtain from any such company 
 full and complete information necessary to enable commission to 
 perform its duties and carry out the objects for which it was- 
 created. Same, sec. 5656. . \ -^ 
 
 113 
 
ARIZONA, CALIFORNIA 
 
 Commission may supervise and regulate every 
 public service corporation^ and do all things, whether herein spe- 
 844 cifically designated or in addition thereto, which are necessary 
 and convenient in the exercise of such power and jurisdiction.' 
 Ariz. — Sess. Laws igi2, ch. go, sec. ji, Cat. — Stats, igii, ist. 
 ex. sess. J ch. 14, sec. jz. 
 
 See also pars. 316 1, 3162, 4518. 
 
 COLORADO Identical with pars. 237, 238. Laws igio, sp. 
 
 S4S sess., ch. 5, sec. 12. 
 
 CONNECTICUT The provisions of this act shall be deemed to 
 
 be amendatory of all charters of public service companies 
 chartered by, or organized under the laws of, this state and 
 shall repeal all powers and limitations in any such charters in 
 so far as the same are inconsistent herewith; and all powers 
 
 246 and privileges conferred, and all duties and obligations im- 
 posed, upon such companies by the provisions of this act are 
 conferred or imposed upon such companies in the same manner 
 and to the same extent as if the provisions of this act were 
 parts of the charters of such companies. Puh. Acts igii, ch. 
 128, sec. 3y. 
 
 FLORIDA Commission may direct and control all matters 
 
 847 pertaining to railroads that shall be for the good of the public. 
 Gen. Stats. igo6, sec. 28g3. 
 
 Commission is vested with judicial powers to do or enforce 
 
 »48 or perform any function, duty or power conferred upon it by this 
 chapter to the exercise of which judicial power is necessary. 
 Same, sec. 2g22. 
 
 The powers of commission shall be and the same are 
 hereby enlarged and extended so as to confer upon com- 
 mission exclusive power and authority within this state, and 
 it shall be their duty to regulate the rates and charges and 
 service within this state of all persons, firms or corporations 
 
 849 engaged in or carrying on a telephone business within this state, 
 so far as said rate and charges apply to the business of said such 
 persons, firms or corporations within this state; provided, how- 
 ever, that such rates and charges must and shall be in each 
 and every case just, fair and reasonable. Laws igii, ch. 6186, 
 sec. J. 
 
 880 All the terms and provisions of this state as embraced 
 
 >*? Public utility," in California 
 
 114 
 
I 
 
 in chapter 5, title 4, fourth division of the general statutes and 
 all acts supplementary thereto or amendatory thereof are hereby 
 declared to be of force with reference to all persons, firms or 
 corporations carrying on a telephone business within this state 
 so far as said laws are applicable to such persons, firms or cor- 
 porations carrying on telephone business within this state. 
 Same, sec. 2. 
 
 All persons, firms and corporations owning, controlling or 
 operating a line or lines of telegraph, whose line or lines is or are 
 in whole or in part in this state, shall be under the control of com- 
 mission, who shall have ftill power to regtdate the prices to be 
 charged and service to be rendered by any person, firm, or cor- 
 poration owning, controlling or operating any line or lines of tele- 
 
 ssi graph for any service performed by such person, firm or 
 corporation and all the powers given to commission over railroads 
 in this state, and all the penalties prescribed against railroad 
 companies or persons operating railroads, by and under the laws 
 of Florida, are hereby declared to be in force against corporations, 
 persons, firms and corporations owning, controlling or operating 
 a line or lines of telegraph. Laws ipii, ch. 6187, sec. i. 
 
 The powers of commission to regulate charges by corpora- 
 tions, companies and persons herein referred to shall apply to 
 
 S62 messages sent by telegraph from one point to another in this 
 state. Same, sec. 2. 
 
 GEORGIA All companies or persons owning, controlling, 
 
 or operating a line or lines of express or telegraph, which are in 
 whole or in part in this state, shall be under the control of commis- 
 sion, who shall have full power to regulate the prices to be 
 charged by any company or person owning, controlling, or 
 operating any such line or lines, for any service performed by 
 such company or persons, and all the powers given to commis- 
 sion over railroads in this state, and all the penalties prescribed 
 against companies or persons operating railroads by existing 
 
 268 laws are hereby declared to be of force against corporations, 
 companies, or a person or persons owning, controlling, or oper- 
 ating a line or lines of express and telegraph, whose line or 
 lines is or are, wholly or in part, in this state, so far as said 
 provisions can be made applicable to any corporation, com- 
 pany, person, or persons, owning, controlling, or operating a 
 line or lines of express and telegraph. Commission may also 
 require said companies to locate agencies at railroad stations. 
 Code igiii sec. 2660, 
 
 "5 
 
The powers of commission to regulate charges by corpora- 
 tions, companies and persons herein referred to shall apply only 
 864 to charges by express, for transportation from one point to 
 another in this state; and messages sent by telegraph from one 
 point to another in this state. Same, sec. 2661. 
 
 The powers and duties heretofore conferred by law upon 
 commission are hereby extended and enlarged, so that its aur 
 thority and control shall extend to street raihoads and street rail- 
 road corporations, companies, or persons, owning, leasing or oper- 
 ating street railroads in this state; provided, however, that nothing 
 herein shall be construed to impair any valid subsisting contract 
 now in existence between any municipality and any such com- 
 pany; and provided that this act shall not operate as a repeal of 
 any existing mimicipal ordinance, nor shall it impair nor invali- 
 date any future contract or ordinance of any municipality as to 
 the public uses of such company, that shall receive the assent of 
 856 commission; over docks and wharves and corporations, companies 
 or persons owning, leasing or operating the same; over terminals 
 or terminal stations and corporations, companies or persons 
 owning, leasing or operating such; cotton compress corporations 
 or associations and persons or companies owning, leasing or 
 operating the same; and over telegraph or telephone corpora- 
 tions, companies or persons owning, leasing or operating a public 
 telephone service or telephone lines in this state; over gas and 
 electric and power compahies, corporations or persons owning, 
 leasing or operating public gas plants, or electric light and power 
 plants furnishing service to the public. Same, sec. 2662. 
 
 Commission shall have and exercise all the power and 
 authority heretofore conferred upon it by law, and shall have the 
 general supervision of all common carriers, railroads, express 
 corporations or companies, street railroads, railroad corporations 
 or companies, dock or wharfage corporations or companies, ter- 
 
 866 minal or terminal station corporations or companies, telephone 
 or telegraph corporations or companies, gas or electric light and 
 power companies; and while it may hear complaints, yet commis- 
 sion is authorized to perform the duties imposed upon it of its 
 own initiative. Same, sec. 266 j. 
 
 Commission is hereby given authority to examine into the 
 affairs of said companies and corporations and to keep informed 
 
 867 as to their general condition, their capitalization, their franchises, 
 and the manner in which their lines, owned, leased, or controlled, 
 are managed, conducted and operated, not only with respect to 
 
» 
 
 i 
 
 the adequacy, security and accommodation afforded by their 
 service to the public and their employes, but also with reference 
 to their compliance with all provisions of law, orders of commis- 
 sion and charter requirements. Same. 
 
 INDIANA The power and authority is hereby vested in 
 
 commission and it is hereby made its duty to supervise and 
 regulate private car line service and private tracks where such 
 tracks are operated in connection with any railroad in this state 
 or share in the rates or earnings of any common carrier subject 
 
 258 to the provisions of this act ; to correct abuses and prevent imjust 
 discrimination and extortion in the rates of freight and passenger 
 tariffs on the different railroads and to enforce the same by pro- 
 ceedings for the enforcement of penalties provided by law through 
 courts of competent jurisdiction. Acts igoy, ch. 241, sec. j. 
 
 IOWA Commission shall have general supervision of 
 
 all railroads operated by steam, express companies, car companies, 
 sleeping car companies, freight and freight line companies, and 
 any common carrier engaged in the transportation of passengers 
 
 259 or freight by railroad, street railroads excepted, and shall inves- 
 tigate any alleged neglect or violation of the laws of the state by 
 any railroad corporation doing business therein, or by the officers, 
 agents or employes thereof. Code i8gy, sec. 2112. 
 
 260 Also a provision identical with par. 237. Same, sec. 21 jj. 
 Commission shall have general supervision of all express 
 
 companies operating and doing business in this state^ ; and shall 
 
 261 inquire into any unjust discrimination, neglect or violation of the 
 laws of this state governing common carriers, by an express com- 
 pany doing business therein, or by the officers, agents or em- 
 ployes thereof. Same, sec. 2165Q)). 
 
 BLANSAS Commission shall have the general supervision 
 
 and control over all persons, firms, associations or corporations 
 in the performance of the business of transportation of oil by 
 
 262 means of pipe lines, and shall prescribe reasonable rules for the 
 conduct thereof, which rules, when prescribed and deHvered in 
 writing to any such person, firm, association, or corporation, 
 shall be printed and posted up in a convenient, accessible and con- 
 
 1 All express companies operating and doing business in this state are declared to be 
 common carriers, and it shall be the duty of every such express company or common car- 
 rier to transport all property, parcels, money, merchandise, packages and other things of 
 value which may be offered to them for transportation at a reasonable charge or rate 
 therefor; and all laws so far as applicable, now in force or hereafter enacted, regulating 
 the transportation of property by railroad companies, shall apply with equal force and 
 effect to express companies. Code 1897, sec. 2165a. 
 
 117 
 
spicuous place at each office, station or place of business where 
 such oil is received or delivered. Gen. Stats, igog, sec. 3964. 
 Commission shall have the same powers in relation to irri- 
 
 263 gation companies that it has in relation to railroad companies. 
 Same, sec. 4478. 
 
 Commission shall have the general supervision of all rail- 
 roads operated by steam or electricity or other motive power 
 within the state, and all express companies, sleeping car com- 
 panies, and all other persons, companies or corporations doing 
 business as common carriers in this state; and shall inquire into 
 any neglect or violations of the laws of this state by any person, 
 
 264 company or corporation engaged in the business of transportation 
 of persons or property therein, or by the officers, agents or em- 
 ployes thereof; and shall also from time to time carefully examine 
 and inspect the condition of each railroad in this state, and of its 
 equipment, and the manner of its conduct and management with 
 reference to the public safety and convenience; provided, this 
 section shall not be construed as applying to street railway or 
 electric lines operated wholly within one county. Same, sec. 7186, 
 
 Commission may require public utilities and common car- 
 riers to make such improvements and do such acts as are or may 
 
 265 be required by law to be done by such public utility or common 
 carrier. Laws igii, ch. 238, sec. 14. 
 
 KENTUCKY There is estabHshed a department in the state 
 
 government to be known as the railroad commission, which shall 
 
 266 see that the laws relating to all railroads, except street railways, 
 are faithfully executed, and to exercise a general supervision over 
 the railroads of the state. CarrolVs Stats, igog, sec. 821. 
 
 Commission shall examine into the condition, management, 
 and all other matters concerning the business of railroads in this 
 state, so far as the same pertain to the relation of such railroads 
 to the public and whether such railroad corporations, their offi- 
 
 267 cers and employes, comply with the laws of the state; and when- 
 ever it shall come to their knowledge, or they shall have reason 
 to believe, that the laws affecting railroad corporations in their 
 business relations to the public have been violated, they shall 
 prosecute, or cause to be prosecuted, the corporations or persons 
 guilty of such violations. Same, sec. 826. 
 
 LOUISIANA The power and authority is hereby vested in 
 
 S68 commission, and it is hereby made its duty to correct abuses, 
 
 and prevent unjust discrimination and extortion in the rates for 
 
 zz8 
 
the same, on different railroads, steamboats, and other water- 
 craft, sleeping car, express, telephone or telegraph lines of this 
 state. Const., art. 2S4. 
 See also par. 801. 
 
 M.PiBCTLPi^jy Commission shall have the general supervi- 
 
 sion of all common carriers, railroads, street railroads, railroad 
 corporations, and street railroad corporations, transporting pas- 
 sengers, freight or property from one point to another within the 
 state and shaU have power to and shall examine the same or 
 cause the same to be examined and keep informed as to their 
 
 269 general condition, their capitalization, their franchises, and the 
 manner in which their lines, owned, leased, controlled or oper- 
 ated and managed, are conducted or operated within this state 
 both with respect to the adequacy, security and accoromodation 
 afforded by their service, and also with respect to their compli- 
 ance with all provisions of law and orders of commission. Laws 
 igio, ch. 180, sec. ij. 
 
 Commission shall have the general supervision of all com- 
 mon carriers, railroads, street railroads, railroad corporations 
 and street railroad corporations, and all other corporations and 
 persons subject to the provisions of this act, and shall have the 
 power to and shall examine the same and keep informed as to 
 
 270 their general condition, their capitalization, their franchises and 
 the manner in which their lines, owned, leased, controlled or 
 operated, are managed, conducted and operated, not only with 
 respect to the adequacy, security and accommodation afforded 
 by their service, but also with respect to their compliance with 
 all provisions of law, orders of commission and charter require- 
 ments. Same, sec. 20. 
 
 Commission shall have the general supervision of all persons 
 and gas and electrical corporations and corporations having 
 authority under any general or special law, or under any charter 
 or franchise, to lay down, erect or maintain wires, pipes, con- 
 
 271 duits, ducts or other fixtures in, over or under the streets, high- 
 ways and public places of any municipality, for the purpose of 
 fvimishing or distributing gas both natural and artificial, or of 
 furnishing or transmitting electricity for light, heat or power, 
 or maintaining underground conduits or ducts for electrical con- 
 ductors. Same, sec. 31^. 
 
 Commission may examine all persons and corporations un- 
 
 272 der its supervision, keep informed as to the methods employed by 
 them in the transaction of their business and see that their prop- 
 
 119 
 
erty is maintained and operated for the seciirity and accommoda- 
 tion of the public and in comphance with the provisions of the 
 law and of their franchises and charters. Same. 
 
 •Commission shall have within its discretion general super- 
 vision of all persons having authority imder any general or spe- 
 cial law or under any charter or franchise to lay down or erect 
 
 273 or maintain poles, wires, pipes, conduits or other fixtures in, over 
 or under the streets, highways, and public places, for the purpose 
 of. furnishing facilities for the transmission of intelligence by 
 electricity. Same, sec. 3q{i). 
 
 Commission, within its discretion shall examine all persons 
 and corporations under its supervision as to the methods em- 
 ployed by them in the transaction of their business, see that their 
 
 274 property is maintained and operated for the reasonably adequate 
 accommodation of the public and in compliance with the provis- 
 ions of law and of their franchise and charters. Same, sec. 39^4) . 
 
 Commission shall have in addition to powers herein specified, 
 mentioned or indicated all additional implied and incidental 
 276 powers which may be proper and necessary to effectually cany- 
 out, perform and execute all said powers herein specified, men- 
 tioned or indicated. Same, sec. 52. 
 
 MASSACHUSETTS Gas and electric commission shall have gen- 
 eral supervision of all corporations and companies engaged in 
 the manufacture and sale of gas or electricity for light or heat, 
 
 276 and shall make all necessary examinations and inquiries and 
 keep informed as to the compliance of the several corporations 
 and companies with the provisions of law. Rev. Laws igo2, 
 ch. 121, sec. 5.^ 
 
 Highway commission shall have general supervision of all 
 companies engaged in the transmission of intelligence by elec- 
 tricity within this commonwealth, and shall make all necessary 
 
 277 examinations and inquiries and keep itself informed as to the 
 compliance of all such companies with the provisions .of law. 
 Acts igo6, ch. 433, sec. i. 
 
 278 Railroad commission shall have general supervision of all 
 railroads and railways,- and shall examine the same; and com- 
 
 » In the construction of sections 4 (repealed by Acts 1904, ch. 435), 5, 6, 7, 8, 28, 29, 
 31, 33 and 34 of this chapter, the terms " gas company " and " corporation " shall include 
 all. persons owning or operating works for the manufacture and sale of gas for heating or 
 illuminating purposes within the commonwealth, and the terms "company" and "com- 
 panies " shall include all corporations or individuals engaged in the manufacture and saJe 
 of electric light within the commonwealth. Rev. Laws 1902, ch. 121, sec. 41. 
 
 2 No request or advice of commission shall in any manner impair the legal duties and 
 obligations of a railroad corporation or street railway company or its legal liability for the 
 consequences of its acts or of the neglect or mismanagement of any of its agents or serv- 
 ants. Acts J 906, ch. 463, pt. i, sec. 14. 
 
 120 
 
mission shall keep itself informed as to the condition of railroads 
 and railways and the manner in which they are regulated with 
 reference to the security and accommodation of the public, and 
 as to the compliance of the several railroad corporations and 
 street railway companies with their charters and the laws of 
 this commonwealth. The supreme judicial court shall have 
 jurisdiction in equity to enforce compliance with any order 
 issued by commission under authority of this section. Acts 
 IQ06, ch. 463, pt. i, sec. 6. 
 
 Commission shall in respect to steamship companies serving 
 as common carriers throughout the year between two or more 
 parts of this commonwealth, perform the same duties, including 
 
 279 the regulation of rates for transporting freight or passengers, and 
 including other matters affecting the security or convenience of 
 the public, which commission is now or may hereafter be em- 
 powered to perform in the case of railroads or railways. Same, 
 sec. 7. 
 
 Commission may, upon the complaint of any party inter- 
 ested, exercise over express companies, firms and persons doing 
 
 280 an express business on railroads or railways in this common- 
 wealth, supervisory powers with regard to the character of ac- 
 commodations and service furnished, and the reasonableness of 
 rates charged. Same. 
 
 See also par. 2586. 
 
 MICHIGAN All street railway corporations organized or 
 
 doing business under this act shall be subject to the supervisory 
 control of commission as provided by act number 1 7 1 of the pub- 
 
 281 lie acts of 1893, and commission shall also have power to make 
 from time to time reasonable rules and regulations for the opera- 
 tion of the street railways of such corporations in the conduct of 
 the suburban express business they are authorized to carry on 
 by this act as amended. Comp. Laws iSgj, sec. 6466. 
 
 When electricity is generated or developed by steam, water 
 or other power within one county of this state, and transmitted 
 and delivered to the consumer in the same or some other county, 
 
 282 then the transmission and distribution of same in or on the pub- 
 lic highways, streets and places, and the rate of charge to be 
 made to the consumer for the electricity so transmitted and dis- 
 tributed shall be subject to the regulation as in this act provided. 
 Pub. Acts igog, no. 106, sec. i. 
 
 283 Commission shall have control and supervision of the busi- 
 
 121 
 
ness of transmitting and supplying electricity as mentioned in 
 the first section of this act. Same, sec. 2. 
 
 Commission may in its discretion keep informed as to the 
 methods employed by corporations engaged in the business of 
 transmitting and supplying electricity in the transaction of their 
 
 284 business and see that their property is maintained and operated 
 for the secvirity and accommodation of the public and in com- 
 pliance with the provisions of law. Same, sec. 6. 
 
 Commission may inquire into the management of the busi- 
 ness of any common carrier and shall keep itself informed as to 
 
 S86 the manner and may obtain from any common carrier all neces- 
 sary information to enable commission to perform the duties and 
 to carry out the objects for which it is created. Puh. Acts igog, 
 no. 300, sec. 28(a). 
 
 The police powers of the state over railroads, street railways, 
 interurban railways and suburban street railways, whether oper- 
 ated by steam, electricity or other motive power, organized or 
 
 286 doing business in this state, shall be and the same are hereby 
 vested in commission, and it is hereby made the duty of commis- 
 sion to exercise the same in accordance with the requirements of 
 the law. Same, sec. 44. 
 
 Commission shall have the general control of all telephones, 
 telephone lines and telephone companies within the state, and 
 
 287 shall investigate any alleged neglect or violation of the laws of 
 the state by any person, firm, association or corporation doing 
 a telephone business within the state, or by the officers, agents 
 or employes thereof. Pub. Acts igii, no. ij8, sec. 2. 
 
 Commission may hear and determine the complaints of any 
 person, firm, association, corporation, body politic or mimicipal 
 
 288 corporation, against the rates and charges for the service rendered 
 or facilities furnished, or complaints as to service withheld or re- 
 fused to be rendered, furnished or performed by persons, firms 
 or corporations within the terms of this act. Same, sec. 8. 
 
 Commission shall have control and supervision over all ex- 
 
 289 press companies operating within this state. Puh. Acts igii, 
 no. ijg, sec. 25(f). 
 
 MINNESOTA The general supervision of railroad and express 
 
 290 companies doing business as common carriers and of public ware- 
 houses is vested in commission.^ Rev. Laws igoj, sec. igsj. 
 
 1 The provisions of this chapter shall be liberally construed with a view to the public 
 welfare, efficient transportation facilities, and substantial justice between shippers and pas- 
 sengers and common carriers, and commission shall at all times do everything within the 
 scope of its powers to secure such ends, and to facilitate commerce and the safety, conven- 
 ience, and comfort of passengers and employes. Rev. Laws looj. sec. 1988. 
 
 122 
 
I 
 
 i 
 
 Commission shall inquire into the management of the busi- 
 ness of all carriers and warehousemen and shall keep informed 
 
 291 as to the manner in which the same is conducted, and shall obtain 
 from such carriers and warehousemen all information necessary 
 for the performance of its duties. Same, sec. ig62. 
 
 MISSISSIPPI Commission shall demand and require all 
 
 proper information from railroads, express, telegraph, telephone, 
 
 292 and sleeping car companies to enable its members to intelligently 
 discharge their duties; and to require the same of all steamboats 
 and other carriers for statistical purposes. Code igo6, sec. 4848. 
 
 Commission shall require all the necessary information from 
 express, telegraph and sleeping car companies, and shall make 
 
 293 such reasonable orders for their supervision and regiilation from 
 time to time as to their charges and otherwise as the public in- 
 terest may require. Same, sec. 48yg. 
 
 Commission shall call for information from railroads and 
 other common carriers from time to time, and make investigation 
 
 294 to determine whether the laws are being complied with on their 
 several parts; and it is its duty to see that all laws, civil and penal 
 affecting railroads and other common carriers, are complied with, 
 and to prosecute all offenders. Laws igo8, ch. 82, sec. i. 
 
 All laws and parts of laws giving authority to commission to 
 supervise common carriers shall also apply to car service asso- 
 ciations, or other associations, governing or controlling cars or 
 296 rolling stock of railroads ^ at whatever places they do business in 
 this state, and the same penalties fixed by law for disobeying 
 mandates or orders of commission shall apply to the car service 
 associations as well as to common carriers. Laws igo8, ch. 8j, 
 sec. 2. 
 
 See also par. 808. 
 
 MISSOURI Commission shall have general supervision 
 
 of all express companies operating and doing business in this 
 state; and shall inquire into any unjust discrimination, neglect 
 
 296 or violation of the laws of this state governing common carriers, 
 by any express company doing business therein, or by the officers, 
 agents or employes thereof. Rev. Stats, igog, sec. 3288. 
 
 MONTANA Commission shall have general supervision of 
 
 297 all railroads, express companies, car companies,* sleeping car 
 
 1 The term " railroad " includes and applies to every person, firm, association of per- 
 sons and company, whether incorporated or not, who or which shall own or operate a rail- 
 road as a common carrier, and the term " company " embraces and applies to every person, 
 firm, association of persons and company, whether incorporated or not, who or which shall 
 own or operate a telegraph or telephone line, or do an express or sleeping car business. 
 Laws 1908, ch. 87, sec. i. 
 
 123 
 
companies, freight and freight line companies, and any common 
 carrier engaged in the transportation of passengers or property 
 in this state, in all matters pertaining to the duty of commission 
 and within its power and authority under the provisions of law, 
 and shall investigate any alleged neglect or violation of the laws 
 of the state by any railroad or other company above specified 
 doing business therein or by the officers, agents, or employes 
 thereof. Commission shall also have the power and authority, 
 and it shall be its duty, to examine and inspect, or cause to be 
 examined and inspected under its authority, all books, records, 
 files and papers of the persons and companies specified above, in 
 so far as the same may be pertinent to any matter imder inves- 
 tigation before commission and to hear and take testimony in 
 the progress of any inqmry or investigation authorized by law. 
 Rev. Code igoy, sec. 4378. 
 
 NEBRASBIA Commission may regulate the rates and serv- 
 
 ices of and exercise a general control over all railroads, express 
 companies, car companies, sleeping car companies, freight and 
 
 298 freight line companies, and all other common carriers engaged 
 in the transportation of freight or passengers within the state. 
 Cobbey^s Annot. Stats, igog, sec. 10650Q)). 
 
 Commission shall investigate any and all cases of alleged 
 neglect or violations of the laws of the state by any railway com- 
 pany, or common carrier or by the officers, agents, or employes 
 
 299 thereof, and take such action with reference thereto as may be 
 provided herein, or under the laws of this state providing for the 
 regulation of railway companies or common carriers. Same, 
 sec. io6^o{c). 
 
 Commission may issue orders regulating service and charges 
 of all kinds at all stock yards, and the same shall be enforced in 
 the same manner and under the same penalties as orders regu- 
 soo lating common carriers; provided, that where no other penalty 
 is provided by law for a violation of any such order, it shall be 
 punishable by a penalty of not less than $100 nor more than $500 
 and where the violation is a continuing one, each day thereof 
 shall constitute a separate offense. Acts igii, ch. j, sec. 2. 
 
 NEVADA ^ All duties required of and penalties imposed 
 
 upon any railroad or any officer or agent thereof shall in so far as 
 
 801 the same are applicable be required of and imposed upon express 
 companies, telegraph and telephone companies and companies 
 which may own cars of any kind or character used and operated 
 
 124 
 
as part of railroad trains in or through this state, and their officers 
 and agents, and commission shall have the power of supervision 
 and control of all such companies to the same extent as of rail- 
 roads. Stats, igoy, ch. 44, sec. 2, as amended by Stats, igog, ch. 
 121, sec. 2. 
 
 302 Also a provision for railroads substantially identical with 
 par. 237. Same, sec. 18. 
 
 It shall be the duty of commission to supervise and regulate 
 
 303 the operations of public utilities, such supervision and regulation 
 to be in conformity with the provisions of this act. Stats, igii, 
 ch. 162, sec. I. 
 
 Commission is invested with full power of supervision, regu- 
 lation and control of all utilities, subject to the provisions of this 
 
 304 act and to the exclusion of the jurisdiction, regulation and con- 
 trol of such utilities by any municipality, town or village. Same, 
 sec. 3. 
 
 NEW HAMPSHIRE Commission shall have the general supervision 
 of all railroad corporations, railroads, public utilities and the 
 
 306 plants owned, operated or controlled by the same, as far as nec- 
 essary to carry into effect the provisions of this act. Laws igii, 
 ch. 164, sec. 5{a). 
 
 Commission shall have power and it shall be its duty to keep 
 informed as to all railroad corporations in the state, their capi- 
 talization, their franchises, and the manner in which the lines 
 
 306 and property controlled or operated by them are managed and 
 operated, not only with respect to the adequacy and accommo- 
 dation afforded by their service, but also with respect to their 
 compliance with all provisions of law, orders of commission and 
 charter requirements. Same, sec. 5(6). 
 
 NEW JERSEY Commission shall have general supervision and 
 
 regulation of, jurisdiction and control over all public utilities 
 and also over their property, property rights, equipment, facil- 
 
 307 ities and franchises, so far as may be necessary for the purpose of 
 carrying out the provisions of this act. Laws igii, ch. igj, 
 sec. 75. 
 
 Commission may, after hearing, upon notice, by order in 
 writing, require every public utility to comply with the laws of 
 
 308 this state and any municipal ordinance relating thereto and to 
 conform to the duties imposed upon it thereby or by the provi- 
 sions of its own charter, whether obtained under any general or 
 special law of this state. Same, sec. lyia). 
 
 125 
 
NEW YORK A provision substantially identical with par. 
 
 309 270. Laws igio, ch. 480, sec. 4^(2). 
 
 Each commission shall have general supervision of all gas 
 and electrical corporations having authority under any general 
 or special law or under any charter or franchise to lay down, erect 
 or maintain wires, pipes, condmts, ducts or other fixtures in, over 
 
 310 or under the streets, highways and pubHc places of any munici- 
 pality, for the purpose of furnishing or distributing gas or trans- 
 mitting electricity for light, heat, or power, or maintaining under- 
 groimd conduits or ducts for electrical conductors, and all gas 
 plants and electric plants owned, leased or operated by any gas 
 corporation or electrical corporation. Same, sec. 66{i). 
 
 Each commission shall examine all persons, corporations and 
 municipalities and shall keep informed as to the methods, prac- 
 
 311 tices, regulations and property employed by them in the trans- 
 action of their business.^ Same, sec. 66{^). 
 
 Commission shall have general supervision of all telegraph 
 
 312 and telephone corporations and lines and shall have power to and 
 shall examine same and keep informed as to their general condi- 
 tion, capitaHzation, franchises and manner in which their lines 
 and property are leased, operated or managed with respect to the 
 adequacy of and accommodation afforded by their service and 
 also with respect to the safety and security of their lines and 
 property and to their compliance with the law, orders of commis- 
 sion, franchises and charter requirements. Same, sec. 94{2). 
 
 Every freight terminal corporation shall be subject to the 
 supervision, control and regulation of the public service commis- 
 sion of the district wherein it does business to the same extent 
 818 as are railroads and street railroads wholly or partly within said 
 district so far as the provisions of the public service commission 
 act are applicable to the case and business of any such freight 
 terminal company. Laws 191 1, ch. yyS, sec. 156. 
 
 NORTH CAROLINA Commission shall have such general control and 
 supervision of all railroad, street railway, steamboat, canal, ex- 
 press and sleeping car companies or corporations and of all other 
 companies or corporations engaged in the carrying of freight or 
 
 814 passengers, of all telegraph and telephone companies, of all pub- 
 lic and private banks and all loan and trust companies or cor- 
 porations and of all building and loan associations or companies, 
 necessary to carry into effect the provisions of this chapter and 
 the laws regulating such companies, and to require all transporta- 
 
 * Gas and electric utilities. 
 
 » X26 
 
tion and transmission companies to establish and maintain all 
 such public service facilities and conveniences as may be reason- 
 able and just. PeWs Revisal igo8, sec. 1066. 
 
 Every person or individual owning and operating any tele- 
 phone or telegraph line and who rents phones or wires to persons 
 
 315 generally shall be subject to the same control and supervision by 
 commission and the same pains and penalties under the law, as 
 are corporations owning and operating telephone and telegraph 
 lines. Same, sec. iog6{i). 
 
 All powers and duties in every respect conferred by law upon 
 commission with respect to railroads and other transportation 
 
 316 companies are conferred upon commission to control and regulate 
 telegraph, telephone and all other companies engaged in the trans- 
 mission of messages, in so far as they apply. Same, sec. iog'/{8). 
 
 NORTH DAKOTA Commission shall have the general supervision 
 of all jailroads, railroad corporations and common carriers in the 
 state operated by steam, and of all bridge corporations and ferry 
 companies, the property of which is used or operated for railroad 
 purposes, and shall inquire into any neglect or violation of the 
 
 317 laws of this state by any such railroad, railroad corporation, 
 bridge corporation, common carrier or ferry company doing busi- 
 ness therein, or by the officers, agents or employes thereof, and 
 shall also from time to time carefully examine and inspect the 
 condition of each railroad and railroad corporation in the state, 
 and of its equipment, and the manner of its conduct and manage- 
 ment, with reference to the public safety and convenience. Rev. 
 Codes 1905, sec. j6g. 
 
 It shall be the duty of and commission shall have the au- 
 thority to inquire into the management of the business of all 
 railroads, railroad corporations and common carriers and shall 
 
 318 keep itself informed as to the manner and method in which the 
 same is conducted, and may obtain from them full and complete 
 information 'necessary to enable commission to perform the duties 
 and carry out the objects for which commission is created and 
 which are contemplated by this article. Same, sec. 4353. 
 
 OHIO A provision for railroads substantially iden- 
 
 319 tical with par. 237. Code igio, sec. 555. 
 
 Commission shall have the same control over private 
 
 320 tracks, so far as such tracks are used by common carriers in 
 connection with a railroad for the transportation of freight, as 
 it has over the tracks of such railroads. Same, sec. 523. 
 
 127 
 
Commission shall have power of supervision and control of 
 
 321 express, water transportation and interurban railroad companies 
 to the same extent as railroads. Laws 191 1, no. j2j, sec. i. 
 
 Commission is vested with the power and jurisdiction to 
 
 322 supervise and regulate '^ public utilities" and ''railroads" and to 
 require all public utilities to furnish their products and render 
 all service reqmred by commission, or by law. Same, sec. 5. 
 
 The jurisdiction, supervision, powers and duties of commis- 
 sion shall extend to every public utility and railroad, the plant 
 or property of which lies wholly within this state, and when the 
 
 323 property of a public utility or railroad lies partly within and 
 partly without this state, to that part of such plant or property 
 which lies within this state, and to the persons or companies own- 
 ing, leasing, or operating the same, and to the records and ac- 
 counts of the business thereof done within this state. Same, sec. 6. 
 
 Commission shall have general supervision over all public 
 utilities and may examine same and keep informed as to their gen- 
 eral condition, capitalization, franchises and the manner in which 
 
 324 their properties are leased, operated, managed and conducted with 
 respect to the adequacy or accommodation afforded by their 
 service and also with respect to the safet}^ and security of the 
 public and their employes and with respect to their compliance 
 with all provisions of law, orders of commission, franchises and 
 charter requirements. Same, sec. 10. 
 
 OKLAHOMA Commission shall have power and authority 
 
 and be charged with the duty of supervising, regulating and con- 
 trolling all transportation and transmission companies in all 
 
 325 matters relating to performance of their public duties and their 
 charges therefor, of correcting abuses, and preventing unjust dis- 
 crimination and extortion by such companies. Const., art. ix, 
 sec. 18. 
 
 Commission shall keep itself fully informed of the physical 
 condition of all the railroads of the state, as to the manner in 
 which they are operated, with reference to the security and ac- 
 commodation of the public, and shall from time to time, make 
 and enforce such requirements, rules and regulations as may be 
 
 326 necessary to prevent imjust or unreasonable discrimination and 
 extortion by any transportation or transmission company in 
 favor of, or against any person, locality, community, connecting 
 line, or kind of traffic, in the matter of car service, train or boat 
 schedule, efficiency of transportation, or transmission, or other- 
 wise, in connection with the public duties of such company. Same. 
 
 128 
 
Commission may be vested with such additional powers, 
 and charged with such other duties (not inconsistent with this 
 constitution) as may be prescribed by law, in connection with 
 the visitation, regulation, or control of corporations, or with 
 827 the prescribing or enforcing of rates and charges to be ob- 
 served in the conduct of any business where the state has the 
 right to prescribe the rates and charges in connection there- 
 with, or with the assessment of the property of corporations, 
 or the appraisement of their franchises for taxation or with 
 the investigation of the subject of taxation generally. Same, 
 sec. ig. 
 
 OREGON All duties required of and penalties imposed 
 
 upon any railroad or any officer or agent thereof shall in so far 
 as the same are applicable be required of and imposed upon 
 
 sas express, imion depot, and terminal companies and their officers 
 and agents, and commission shall have the power of supervision 
 and control of union depot, terminal and express companies to 
 the same extent as railroads. Gen. Laws igoy, ch. 53, sec. 11. 
 
 Commission shall have control over private tracks in so far 
 as the same are used by common carriers, in connection with any 
 
 329 railroad for the transportation of freight, in all respects the same 
 as though such tracks were a part of the tracks of such railroad. 
 Same, sec. 27. 
 
 330 Also a provision for railroads substantially identical with 
 par. 237. Same, sec. jg. 
 
 Commission is vested with power and jurisdiction to super- 
 
 331 vise and regulate every public utility and to do all things neces- 
 sary and convenient in the exercise of such power and jurisdic- 
 tion. Gen. Laws igii, ch. 2yg, sec. 6. 
 
 332 Also a provision for public utilities substantially identical 
 with par. 237. Same, sec. 35. 
 
 PENNSYLVANIA Commission may inqmre into the management 
 of the business of all common carriers,^ including freight and 
 passenger rates and tariffs, the equitable distribution of cars, the 
 granting of sidings and regulation of crossings, the location of 
 freight and passenger stations, the adequacy of facilities for the 
 
 333 carriage and transportation of freight and passengers, the use 
 and compensation for cars owned or controlled by persons other 
 
 1 No examination, request, or advice of commission, nor any investigation or report 
 made by it, shall impair in any manner or degree the legal rights, duties, or obligations of 
 any common carrier, or its legal liabilities for the consequences of its act, or of the neglect 
 pr mismanagement of any of its agents or employes. Laws 1907, no. 250, sec. 18. 
 
 129 
 
than the carrier, and, generally, all matters incident to the per- 
 formance of their public duties, and their compliance with the 
 provisions of their charters and the laws of the land. Laws igoy, 
 no. 2jo, sec. y. 
 
 The enumeration of powers shall not exclude any power 
 
 334 which commission would otherwise have under the provisions of 
 this act. Same, sec. ig. 
 
 RHODE ISLAND The provisions of this act shall be interpreted 
 and construed liberally in order to accomplish the purposes 
 thereof, and where any specific power or authority is given the 
 commission by the provisions of this act the enumeration thereof 
 shall not be held to exclude or impair any power or authority 
 
 335 otherwise in this act conferred on said commission. The com- 
 mission shall have, in addition to the powers in this act specified, 
 mentioned and indicated, all additional, implied and incidental 
 power which may be proper and necessary to effect and carry 
 out, perform and execute all the said powers herein specified, 
 mentioned and indicated. Acts igi2, ch. "jg^, sec. 58. 
 
 SOUTH CAROLINA Commission shall have the general supervision 
 of all railroads and railways, express and telegraph lines in this 
 state operated by steam, and shall examine the same and keep 
 itself informed as to their condition and the manner in which they 
 are operated, with reference to the security and accommodation 
 
 336 of the public and the compliance of the several corporations with 
 the provisions of their charters and the laws of the state; and to 
 enforce the provisions of this chapter; and the provisions of this 
 chapter shall apply to all railroads and railways and to the cor- 
 porations, trustees, receivers or others owning or operating the 
 same. Gen. Stats. igo2, sec. 2o6y. 
 
 Whenever in the judgment of commission it shall appear that 
 repairs are necessary upon any railroad or that any addition to 
 
 • .-. ^ the rolling stock or any enlargement of or improvement in the 
 stations or station houses or any modification in the rates of fare 
 for transporting freight or passengers or any change in the mode 
 of operating the road and conducting its business is reasonable 
 
 887 and expedient in order to promote the security, convenience and 
 accommodation of the public, it shall give information in writing 
 . to the corporation of the improvements and changes which com- 
 mission adjudges to be proper, and if said company shall fail 
 within 60 days to adopt the suggestions of commission, it shall 
 take such legal proceedings as it may deem expedient and shall 
 
 130 
 
have authority to call upon the attorney general to institute and 
 conduct such proceedings. Same, sec. 2o6g. 
 
 All companies or persons owning, controlling or operating 
 a line or lines of express or telegraph, whose line or lines is or are 
 in whole or in part in this state, shall be under the control of 
 commission, who shall have full power to regulate the prices to 
 be charged by any company or person or persons owning, con- 
 trolling or operating any line or lines of express and telegraph for 
 any service performed by such company, person or persons; and 
 all the powers given to commission over railroads, and all the 
 
 338 penalties prescribed against railroad companies or persons oper- 
 ating railroads by existing laws, are hereby declared to be of force 
 against corporations, companies, or a person or persons owning, 
 controlling or operating a line or lines of express and telegraph 
 doing business in this state, whose line or lines is or are wholly 
 or in part in this state, so far as said provisions of the law can be 
 applicable to any corporation, company, person or persons, own- 
 ing, controlling or operating a line or lines of express and tele- 
 graph. Same, sec. 2220. 
 
 Commission shall have and exercise the same jurisdiction 
 and supervisory powers and control over and concerning all 
 telephone lines, stations and exchanges in this state, and over 
 
 339 all persons, firms or corporations owning or operating such tele- 
 phone lines, stations or exchanges for the transmission of intelli- 
 gence for hire, that it now has and exercises over and concerning 
 railroads, telegraph and express lines, and the persons, firms, or 
 corporations owning or operating them in this state. Laws igo4, 
 no. 281, sec. I. 
 
 For the piurpose of enforcing and carrying into effect the 
 provisions of this act and making such investigations as may be 
 necessary and proper in enabling it to discharge the duties hereby 
 imposed, commission is hereby invested with all the rights, pow- 
 
 340 ers and privileges conferred upon it and charged with all the 
 duties imposed upon it or its members as railroad commissioners, 
 by the laws of this state for like purposes in regard to railroads, 
 express and telegraph lines, and the persons, firms, or corpora- 
 tions owning or operating them. Same, sec. 2. 
 
 SOUTH DAKOTA It shall be the duty of commission to super- 
 vise the handling, inspection, weighing, grading and storage of 
 
 341 grain and seeds, to establish all necessary rules and regulations 
 for the weighing and inspection of grain, and for the management 
 of the public warehouses of the state, as far as such rules and 
 
 131 
 
regulations may be necessary to enforce the provisions of this 
 article, or any law of this state, in regard to the same; to inves- 
 tigate all complaints of fraud or oppression in the grain trade 
 of this state, and to correct the same as far as it may be in their 
 power. Rev. Pol. Code 1903, sec. 481. 
 
 Commission shall have general supervision and control of 
 all telegraph lines and exchanges constructed and operated in 
 the state, and it is the duty of commission to inquire into any 
 complaints or unjust discriminations, neglect or violation of the 
 laws of state governing telephone companies, by their owner or 
 owners, or by any of their officers, agents or employes. Com- 
 mission shall have power to fix individual rates as well as to 
 
 342 make schedules of maximum rates, including joint rates to be 
 charged by any telephone company or companies for the rent 
 of any line or instrument or for the transmission of any mes- 
 sage and for any service in connection therewith, and to make 
 such changes therein from time to time as it may deem reason- 
 able or necessary, and it may exercise any other power necessary 
 to a proper supervision and control of such companies. Sess. 
 Laws igoQ, ch. 28Q, sec. 2, as amended by Sess. Laws igii, ch. 
 218, sec. I. 
 
 Commission shall have the general supervision of all com- 
 mon carriers in the state (street railways excepted) and shall 
 inquire into any neglect or violation of the laws of this state 
 by any common carrier doing business herein, or by the officers, 
 agents or employes thereof, and shall also from time to time care- 
 
 343 fully examine and inspect the condition of each common carrier 
 in this state, and of its equipment, and the manner of its conduct 
 and management with reference to the safety, accommodation 
 and convenience of the public. Sess. Laws igii, ch. 20/, sec. 2. 
 
 344 Also a provision for common carriers substantially identical 
 with par. 318. Same, sec. 75. 
 
 Commission may regulate the method and manner of con- 
 346 ducting the business of transmitting messages by telephone and 
 make, fix and determine all necessary rules and regulation for 
 the conducting of said business. Same, sec. 52. 
 
 Commission may regulate and control the method and man- 
 
 346 ner of conducting the express business in this state, and make 
 rules and regulations governing the method of transacting such 
 business. Same, sec. 55. 
 
 VERMONT Commission shall have the powers of a court 
 
 347 of record, both at law and in equity, in the determination and 
 
 132 
 
adjudication of all matters over which it is given jurisdiction. 
 It may render judgments, make orders and decrees, and enforce 
 the same by any suitable process issuable by courts of law and 
 equity in this state. Puh. Stats. iqo6, sec. 4597. 
 
 Commission shall have general supervision of all railroads, 
 whether operated by steam, electricity or any other power, and 
 
 348 of the corporations, receivers, trustees, directors, lessees and 
 other persons owning or operating the same, so far as may be 
 necessary to enable it to perform the duties and exercise the 
 powers conferred upon it. Same, sec. 4602. 
 
 Commission shall have jurisdiction on due notice to hear, 
 determine, render judgment and make orders and decrees in all 
 matters provided for in the charter of any railroad corporation 
 or in the statutes of this state relating to railroads and shall have 
 like jurisdiction in all matters respecting: I. The crossing of 
 one railroad by another. II. AU highway grade crossings and 
 signs, signals, gates, or flagmen at the same. III. The location, 
 sufficiency and maintenance of proper depots or stations. IV. 
 The construction and maintenance of proper fences, cattle guards 
 and farm crossings. V. The maintenance of the tracks, frogs, 
 
 349 switches, gates, signals, culverts, bridges and other structures of 
 wood or iron over openings, and roUing stock and equipment so 
 as to accommodate the public and be operated with safety and 
 in compliance with law. VI. The connections, time and times 
 of connection between connecting roads for the accommodation of 
 the traveling public and the transportation of merchandise. 
 VII. The issue of stock, mortgage bonds or the issue of other 
 securities in order to prevent over-capitalization. VIII. Tolls 
 and rates when unreasonable or in violation of law. IX . The man- 
 ner of operating railroads and conducting the business thereof 
 so as to be reasonable and expedient and to promote the security, 
 convenience and accommodation of the public and to prevent 
 violations of law and unjust discriminations, usiupation or extor- 
 tions. X. The organization of railroad corporations by volun- 
 tary association. Provided, that nothing in this section shall 
 be construed as affecting special provisions of law relating to 
 anything herein contained. Same, sec. 461 1. 
 
 Commission shall have general supervision of aU companies 
 
 engaged in the manufacture, distribution and sale of gas or elec- 
 
 360 tricity for lighting or heating, of all express companies, and of 
 
 all companies owning and operating telegraph or telephone lines, 
 
 stations or exchanges, and of all plants, lines, exchanges and equip- 
 
 133 
 
ment of such companies used in or about the business carried on 
 by them, and all companies, receivers, trustees, directors, or les- 
 sees, owning or operating the same, so far as may be necessary 
 to enable it to perform the duties and exercise the powers con- 
 ferred upon it by this act; and shall have supervision of com- 
 panies engaged in the manufacture, sale and distribution of 
 power, so far as relates to their use or occupancy of the public 
 highways and so far as relates to furnishing power for public use. 
 Laws igo8, no. ii6, sec. j. 
 
 Commission shall have jurisdiction on due notice to hear, 
 determine, render judgment and make orders and decrees in all 
 matters provided for in the charter of any corporation owning 
 or operating any plant, line or property subject to supervision 
 under this act and shall have like jurisdiction in all matters re- 
 specting: I. The purity, quantity or quality of any product 
 fiimished or sold by any company under supervision as provided 
 in this act, and may prescribe the equipment for and standard 
 of measurement, pressure, or initial voltage of such product. 
 II. The providing for each kind of business subject to super- 
 vision under this act, suitable and convenient standard commer- 
 
 361 cial units of product or service, which standards shall be lawful 
 for the purposes of this act. III. The manner of operating and 
 conducting any business subject to supervision under this act so 
 as to be reasonable and expedient and to promote the safety, 
 convenience and accommodation of the public. IV. The price, 
 toll, rate or rental charged by any company subject to supervision 
 under this act when imreasonable or in violation of law. V. The 
 sufficiency and maintenance of proper systems, plants, conduits, 
 appliances, wires and exchanges, and when the public safety 
 and welfare require the location of such wires or any portion 
 thereof tmdergroimd. VI. To restrain any company subject to 
 supervision imder this act from violations of law, imjust dis- 
 criminations, usurpation or extortion. VII. The issue of stock, 
 mortgages, bonds or other securities in order to prevent over- 
 capitalization as hereinafter provided. Same, sec. p. 
 
 VIRGINIA Commission shall keep itself fully informed of 
 
 362 the physical condition of all the railroads of the state, as to the 
 security and accommodation of the public. Const., sec. ij6{b). 
 
 Commission shall have power and be charged with the duty 
 
 368 of supervising, regulating and controlling all transportation and 
 
 transmission companies with all matters relating to the perform- 
 
 134 
 
t 
 
 ance of their public duties and their charges therefor, and of 
 correcting abuses therein by such companies. Same. 
 
 Commission may be vested with such additional powers, 
 and charged with such other duties (not inconsistent with this 
 constitution) as may be prescribed by law, in connection with 
 the visitation, regulation or control of corporations, or with the 
 prescribing and enforcing of rates and charges to be observed 
 t54 in the conduct of any business where the state has the right to 
 prescribe the rates and charges in connection therewith, the 
 assessment of the property or corporations, or the appraisement 
 of their franchises, for taxation, or with the investigation of the 
 subject of taxation generally. Same, sec. i56{c). 
 
 Commission may require by its rules, regulations and re- 
 quirements all corporations chartered under the laws of this state 
 
 365 and all foreign corporations doing business in this state to perform 
 and discharge any public duty or requirement imposed upon such 
 corporations by the constitution or by law. Pollard^ s Code 1904, 
 sec. ijija{i6). 
 
 It shall be the duty of commission to make inquiry and ex- 
 amination from time to time into the acts and proceedings of 
 railroad, canal, steamboat, steamship, or other transportation 
 companies and other chartered common carriers and transmis- 
 
 366 sion companies, their officers and agents, for the purpose of ascer- 
 taining whether an5rthing has been done or omitted in violation 
 or contravention of their charters, or of the law. Same, sec. 
 1 31 jail y). 
 
 WISCONSIN All duties required of and penalties imposed 
 
 upon any railroad or any officer or agent thereof shall, in so far 
 
 as the same are applicable, be required of and imposed upon ex- 
 
 . press companies and telegraph companies and their officers and 
 
 357 agents, and commission shall have the power of supervision and 
 control of express companies and telegraph companies to the 
 same extent as railroads. Laws igo^, ch. 362, sec. i797-2{a), 
 as amended by Laws 1907, ch. 582. 
 
 Commission shall have control over private tracks in so far 
 as the same are used by common carriers, in connection with any 
 
 368 railroad for the transportation of freight, in all respects the same 
 as though such tracks were a part of the track of said railroad. 
 Same, sec. lygy-iiia). 
 
 369 Also a provision for railroads substantially identical with 
 par. 237. Same, sec. I'/gy-iS. 
 
 13s 
 
Commission is vested with power and jurisdiction to super- 
 
 360 vise and regulate every public utility and to do all things neces- 
 sary and convenient in the exercise of such power and jurisdiction. 
 Laws igoy, ch. 4Qg, sec. iygym-2. 
 
 361 Also a provision for public utilities substantially identical 
 with par. 237. Same, sec. lygym-jy. 
 
 2. Authority of Commission to Enter upon the Premises and 
 Examine the Property of Public Utilities, and to Hold Investi- 
 gations with Regard to the Affairs and General Condition ^ Thereof. 
 
 UNITED STATES Commission shall investigate any complaint 
 forwarded by the railroad commissioner or railroad commission 
 of any state or territory at the request of such commissioner or 
 commission, and the interstate commerce commission may at any 
 time institute an inquiry, on its own motion, in any case and as 
 to any matter or thing concerning which a complaint is author- 
 ized to be made, to or before commission by any provision of this 
 
 362 act, or concerning which any question may arise under any of the 
 provisions of this act, or relating to the enforcement of any of 
 the provisions of this act. Commission shall have the same pow- 
 ers and authority to proceed with any inquiry instituted on its 
 own motion as though it had been appealed to by complaint or 
 petition under any of the provisions of this act, including the 
 power to make and enforce any order or orders in the case, or re- 
 lating to the matter or thing concerning which the inquiry is had 
 excepting orders for the pajmient of money. Act to Regulate 
 Commerce, sec. ij. 
 
 Commission may by one or more of the commissioners, pros- 
 ecute any inquiry necessary to its duties, in any part of the United 
 366 States, into any matter or question of fact pertaining to the busi- 
 ness of any common carrier. Same, sec. ig. 
 
 1 Certain provisions for the special examination of railroad companies are found as follows: 
 ALABAMA Upon the application in writing of a director of or persons owning one- 
 
 fiftieth part of the entire paid-in capital stock of any corporation operating a railroad, or of 
 
 363 the bonds or other evidences of indebtedness of such corporation, equal in amount to one- 
 fiftieth part of its capital stock, commission shall make an examination into the books and 
 financial condition of such corporation, and may in its discretion, cause the results of its ex- 
 amination to be published in one or more newspapers in this state. Code 1907, sec. 5665. 
 
 MASSACHUSETTS Upon the application in writing of a director, or of any person or persons 
 who own one-fiftieth part of the paid-in capital stock of a corporation or company which 
 operates a railroad or railway, or who own the bonds or other evidences of indebtedness of 
 
 364 such corporation or company equal in amount to one-fiftieth part of its paid-in capital stock, 
 commission shall examine the books and the financial condition of said corporation or com- 
 pany, and shall cause the result of such examination to be published in one or more daily 
 newspapers in the city of Boston. Acts 1906, ch. 463, Pt. i, sec. 16. 
 
 SOUTH CAROLINA On the application in writing of a director or of any person or persons 
 owning one-fiftieth part of the entire paid-in capital stock of any corporation operating a rail- 
 
 366 road, or the bonds or other evidences of indebtedness of such corporation equal in amount to 
 one-fiftieth part of its paid-in capital stock, commission shall make an examination into the 
 books of said corporation. Gen. Stats. 1902, sec. 2080. 
 
 136 
 
ALABAMA Commission or one or more members thereof 
 
 shall visit the county seat of every county in the state at least 
 once a year, for the purpose of hearing and receiving complaints, 
 and examining and inquiring into and securing information as to 
 the conduct and management of the several railroads in the 
 state, connections with other railroads, and accommodations of 
 
 867 passengers, delays and inconveniences by reason of improper con- 
 nection, the provisions as to depots, switch tracks, sidings, pas- 
 senger stations, and accommodations required by law. Notice 
 shall be given of the time when such visits will be made by cir- 
 cular letters to the several county officers for at least two weeks 
 before such visit, and also by publication in a newspaper when 
 commission shall so order. Code igoy, sec. 5644. 
 
 ARIZONA Commission, and the several members thereof, 
 
 may inspect and investigate the property, books, papers, business, 
 methods, and affairs of any corporation whose stock shall be 
 offered for sale to the public, and of any public service corpora- 
 tion doing business within the state, and for the purpose of com- 
 
 S68 mission and of the several members thereof, shall have the power 
 of a court of general jurisdiction to enforce the attendance of 
 witnesses and the production of evidence by subpoena, attach- 
 ment, and punishment, which said power shall extend throughout 
 the state. Commission may take testimony under commission 
 or deposition either within or without the state. Const., art. 
 XV, sec. 4. 
 
 See also par. 2466. 
 
 ARKANSAS See par. 2563. 
 
 CALIFORNIA See par. 2466. 
 
 COLORADO Commission may by any one or more of the 
 
 commissioners, prosecute any inquiry necessary to its duties in 
 any part of the state and in any matter or question of fact pertain- 
 
 369 ing to the business of any common carrier, or to violations of this 
 act by shipper, consignee, applicant for cars or agent or either 
 of them, subject to the provisions of this act. Laws igio, sp. 
 sess., ch. 5, sec. 18. 
 
 CONNECTICUT The commissioners and their employes engaged 
 
 in the performance of their duties as such may, at all reasonable 
 
 870 times, enter any premises, buildings, cars, or other places belong- 
 ing to or controlled by any public service company, and any 
 person obstructing or in any way causing to be obstructed or 
 
 137 
 
hindered any member or employe of commission in the perform- 
 ance of his duties as such shall be fined not more than $200, or 
 imprisoned not more than six months, or both. Puh. Acts igii, 
 ch. 128, sec. 8. 
 
 See also pars. 2f;66, 2568, 2'jg6. 
 
 FLORIDA See pars. 418, 622, 2yg8, 3^03, 3720. 
 
 GEORGIA Commission may through any one or more of 
 
 its members, at its direction, make personal visitation to the 
 offices and places of business of said companies for the pur- 
 pose of examination, and commissioner or commissioners may 
 
 371 examine the agents and employes of said companies, under oath 
 or otherwise, in order to procure information deemed by the 
 commissioners necessary to their work or of value to the public. 
 Code iQii, sec. 2663.- 
 
 See also par. 2800. 
 
 ILLINOIS Commission shall examine into conditions and 
 
 management and all other matters concerning the business of 
 railroads, other common carriers and warehouses so far as the 
 same pertains to the relation of such roads, other common carriers 
 and warehouses to the public and to the accommodation and se- 
 curity of persons doing business therewith and whether such rail- 
 road companies, other common carriers and warehouses, their 
 
 372 officers, directors, managers, lessees, agents and employes comply 
 with the laws of this state now in force or which shall hereafter be 
 in force concerning them. And whenever it shall come to their 
 knowledge either upon complaint or otherwise or they shall have 
 reason to believe that any such law or laws have been or are being 
 violated they shall prosecute or cause to be prosecuted all cor- 
 porations or persons guilty of such violation. Revisal igog, ch. 
 114, sec. lyj. 
 
 Commission may inquire into the business management of 
 all common carriers, their passenger and freight rates, distribu- 
 tion of cars, granting of sidings, location of passenger and freight 
 stations, use of and compensation for cars owned or controlled 
 by them, the relations of such carriers to the public, and of the 
 878 public and public corporations to common carriers; the inter- 
 relation between such common carriers, in so far as any such sub- 
 ject so to be inquired into shall affect or have any bearing upon 
 the transportation of persons or property between points wholly 
 within the state; it may receive complaints from shippers for loss 
 or damage to property in the hands of common carriers and make 
 inquiry as to methods and manner of adjustment of said claims; 
 
 138 
 
and commission may make and enforce such orders as will secure 
 the safety and accommodation of persons and property being 
 transported by common carriers and as will prevent unnecessary 
 or unreasonable obstruction to or interfere with the tracks, yards, 
 locomotives and cars of common carriers. Same, sec. ig6. 
 
 Commission may hear and determine aU questions arising 
 under this act, upon giving due notice to all persons, individuals 
 
 374 or corporations interested therein, and enter an order in rela- 
 tion thereto. Same, sec. igj. 
 
 See also pars. 2805, 3937- 
 
 INDIANA Commission shall have authority to inquire 
 
 into the management of the business of all common carriers 
 and shall keep itself informed as to the manner and method 
 
 375 in which the same is conducted, and shall have the right to 
 obtain from such carrier full and complete information neces- 
 sary to enable it to perform the duties and carry out the objects 
 for which it was created. Acts 1907, ch. 241, sec. 17. 
 
 See also par. 2945. 
 
 IOWA See par. 2575. 
 
 KANSAS See par. 264. 
 
 KENTUCKY See par. 2814. 
 
 LOUISIANA See par. 2576. 
 
 MAINE See par. 2577. 
 
 MARYLAND Commission may, of its own motion, investi- 
 
 gate or make inquiry in a manner to be determined by it, as to 
 any act or thing done or omitted to be done by any common car- 
 rier, railroad, street railroad, railroad or street railroad corpora- 
 
 376 tion, or other corporation, and commission must make such in- 
 quiry in regard to any act or thing done or omitted to be done by 
 any such common carrier or corporation in violation of any pro- 
 vision of law, or in violation of any order of commission. Laws 
 1910, ch. 180, sec. 22. 
 
 Commission may examine the books and affairs of any such 
 corporation or person (gas, electric, telephone, and telegraph 
 
 377 utilities), and compel the production before it of books and 
 papers pertaining to the affairs being investigated by it. Same, 
 sec. 31H, 39. 
 
 Commission may either through its members or inspectors 
 
 878 or employes duly authorized by it, enter in or upon and inspect 
 
 the property, buildings, plants, factories, power houses and 
 
 139 
 
offices of any telephone and telegraph corporations or persons 
 engaged in such business. Same, sec. 39. 
 
 See also pars. 269, 2jo, 2^2, 274, ^25, 2470, 2472. 
 
 MASSACHUSETTS Upon the appHcation of the board of aldermen 
 of a city or the selectmen of a town within which a part of any 
 railroad or railway is located, alleging grounds of complaint, com- 
 mission shall examine the condition and operation of such rail- 
 road or railway; and if, upon the petition in writing of 20 or more 
 legal voters in such city or town to the board of aldermen or se- 
 lectmen to make such application, they refuse so to do, they shall 
 indorse upon the petition the reason for such refusal, and return 
 it to the petitioners, who may, within ten days thereafter, present 
 
 379 it to commission, and it may thereupon make such examination 
 as if called upon by the board of aldermen or selectmen, first 
 giving to the petitioners and to the corporation or company 
 reasonable notice in writing of the time and place of making such 
 examination. If, upon such examination, it appears to com- 
 mission that the complaint is well fotmded, it shall so adjudge, 
 and shall in writing inform the corporation or company which 
 operates such railroad of its adjudication. Ads 1906, ch. 463, 
 pt. i, sec. 10. 
 
 See also pars. 2y6, 2yy, 2y8, 2586, 2^8y, 2588. 
 
 MICfflGAN See pars. 287, 935, 2589. 
 
 MINNESOTA One of the commissioners shall visit the sta- 
 
 tions on the lines of each railroad as often as practicable, giving 
 20 days' notice in the local newspapers of the time and place of 
 each visit, and personally inquire into the management of such 
 railroad business, and at least once each year shall visit every 
 coimty having a railroad station, and inquire into the manage- 
 ment of such railroad business. For this purpose all common 
 carriers and their officers and employes are required to furnish 
 
 880 such commissioner with reasonable and proper facilities. Each 
 commissioner, in his official capacity may pass free on all rail- 
 road trains and at all suitable times may enter and remain in the 
 cars, offices, or depots of any railroad company; and whenever, 
 in the judgment of commission, any common carrier fails in any 
 respect to comply with the laws, or any repairs are necessary 
 upon its railroad, or any reasonable addition to or change of its 
 stations, station houses, or transfer facilities^ or change in the 
 mode of operating its road or conducting its business, will pro- 
 mote the security or convenience of the public, commission, by a 
 
 140 
 
written order, to be served as a summons in civil actions, shall re- 
 quire compliance with such law, or the making of such repairs, 
 additions or change. In case of disobedience of said order com- 
 mission may cause an action to be commenced for the enforce- 
 ment thereof. Rev. Laws ipoj, sec. ig62. 
 See also par. gji. 
 
 MISSISSIPPI Commission shall from time to time as far as 
 
 practicable visit all stations on the various lines of railroad, and 
 investigate the manner in which bulletin-boards are posted and 
 kept, how reception-rooms are arranged and kept, how rates for 
 freight and passengers are posted, and such other things as it 
 may deem proper to investigate; and it shall take notice of every 
 neglect or failure by a railroad company to comply with the law 
 
 381 and the rules, orders and regulations of commission, and enforce 
 a strict observance thereof. It shall be unlawful for commission 
 or any one of them to give notice to any railroad official or any 
 one else of a purpose at any given day or date to make examina- 
 tion of any railroad as above required. Fiuther, it shall be imlaw- 
 ful for commission or any one of them to travel as the guest of any 
 railroad official on a private car on a tour of inspection. Code 
 igo6, sec. 4858. 
 
 One or more of commissioners, at least once in every year, 
 shall visit each coimty through which a railroad runs, and there 
 remain at least one entire day; and he or they shall inquire into 
 all violations of law relating to common carriers, hear all com- 
 plaints, may simimon persons to give evidence thereof and shall 
 note all complaints and evidence of violations of law; and there- 
 after commission shall institute proceedings as the law directs for 
 such violations. At such visits commission shall inquire into the 
 needs of the community, and to what extent, if any, it is discrim- 
 
 382 inated against in freight, passenger, express or telegraph rates; 
 and if they find that the products of a community are improfitable 
 to the producers by reason of excessive transportation charges, or 
 the people of the commimity otherwise unjustly discriminated 
 against, commission shall take such action as is authorized by law 
 to remedy the evil. And commission shall at all times exercise 
 its power in the direction of affording cheap transportation of 
 agricultural products raised in this state to other parts thereof 
 where they may be sold. The commissioners shall give ten days' 
 notice of their visits reqmred by this section to the public in the 
 commimity to be visited. Laws igo8, ch. 8j, sec. i. 
 
 See also pars. 2g4, 2jgo, 2jgi. 
 
 141 
 
MISSOURI Commission, either upon its own motion or 
 
 upon the complaint of any individual, firm, company or corpora- 
 tion, may investigate all charges of any violations of any of the 
 
 383 provisions of this article, and shall have power to send for persons 
 and papers, administer oaths and examine and compel the atten- 
 dance of witnesses, and if, in its judgment, there be reasonable 
 evidence of any violation of any of the provisions of this article 
 commission shall transmit such evidence to the attorney general 
 of the state. Rev. Stats, igog, sec. 32go. 
 
 Commission shall examine into the condition and manage- 
 ment and all matters concerning the business of warehouses and 
 elevators under this article in this state so far as the same may 
 pertain to the relations of such warehouses and elevators to the 
 public and to the security and convenience of persons doing busi- 
 
 384 ness therewith, and to ascertain whether the officers, directors, 
 managers, lessees, agents and employes comply with the laws of 
 this state now in force or to be in force concerning such ware- 
 houses or elevators. Whenever it shall come to their knowledge 
 or they shall have reason to believe that any law governing the 
 public warehouses or elevators of this state under this article is 
 being or has been violated they, shall cause to be prosecuted or 
 prosecute all persons guilty of such violation. Same, sec. 6818, 
 
 To enable commission efficiently to perform its duties imder 
 this article, it is hereby made its duty to cause one or more of its 
 386 ntimber, at least once in six months, to visit each warehouse or 
 elevator in this state, and to personally inquire into the manage- 
 ment of such warehouse or elevator business. Same. 
 
 See also pars. g6i, 2^g2. 
 
 MONTANA See par. 2gy. 
 
 NEBRASKA See pars, 2gg, 2^g3, 
 
 NEW HAMPSHIRE Commission may either through its members 
 or duly authorized experts, inspect any of the property or equip- 
 ment, books or records of any railroad corporations, including the 
 right for such inspection purpose to ride upon any locomotive or 
 
 386 train while in service, and to have upon reasonable notice a spe- 
 cial locomotive and inspection car for a physical inspection once 
 annually of all the lines and stations of each railroad corporation 
 in the state. Laws igii, ch. 164, sec. 5(6). 
 
 Also a provision for railroad corporations and public utilities 
 
 387 identical with par. 376. Same, sec. 10 {b). 
 
 See also par. g8j. 
 
 142 
 
k 
 
 NEW JERSEY Commission may investigate, upon its own 
 
 388 initiative or upon complaint in writing, any matter concerning 
 any public utility. Laws igii, ch. ig^, sec. i6(a). 
 
 See also par. 2^13. 
 
 NEW MEXICO See pars. 3543, 3544. 
 
 NEW YORK Provisions for common carriers, railroad and 
 
 street railroad corporations, and telegraph or telephone corpora- 
 
 389 tions, identical with par. 376. Laws igio, ch. 480, sees. 48(1), 
 
 96(1). 
 
 Each commission may either through its members or re- 
 sponsible engineers or inspectors duly authorized by it, enter in 
 or upon and inspect the property, equipment, buildings, plants, 
 factories, power houses and offices of any such corporations or 
 persons, including the right for such inspection purpose to ride 
 upon any freight locomotive or train, or any passenger locomotive 
 
 390 or train while in service; and may have upon reasonable notice 
 the use of an inspection locomotive or special locomotive and in- 
 spection car for a physical inspection once annually of all the 
 lines and stations of each common carrier imder its supervision. 
 Same, sec. 4^(2). 
 
 Each commission may either through its members or iij- 
 spectors or employes duly authorized by it, enter in or upon and 
 
 391 inspect the property, buildings, plants, factories, power houses, 
 ducts, conduits and offices of any of such corporations, persons or 
 municipalities. Same, sec. 66{8). 
 
 392 Each commission may enter and inspect the plant of a gas 
 or electrical corporation wherever situated. Same, sec. yd. 
 
 Commission may either through its members or inspectors 
 or employes duly authorized by it enter in or upon and inspect 
 
 393 the property, equipment, buildings, plants, factories, offices, 
 apparatus, machines, devices and lines of any telegraph or tele- 
 phone corporation. Same, sec. g4{2). 
 
 See also pars. 3og, 311, 312, ggo, 2484. 
 
 NORTH CAROLINA Commission shall from time to time visit the 
 places of business, and investigate the books and papers of all 
 corporations, firms, or individuals engaged in the transportation 
 
 394 of freight or passengers and the transmission of messages either 
 by telegraph or telephone, to ascertain if all the orders, rules and 
 regulations of commission have been complied with. PelVs Re- 
 
 , visal igo8, sec. 1064. 
 
 See also pars. 2jgj, 2goo. 
 
 143 
 
NORTH DAKOTA Commission shall at such times as the gover- 
 nor may direct examine any particular subject connected with 
 the condition and management of railroads and report to him in 
 writing its opinion thereon with its reasons therefor. Commis- 
 sion shall also investigate and consider what, if any, amendment 
 
 396 or revision of the railroad laws of this state the best interests of 
 the state demand and it shall make a special biennial report on 
 such subject to the governor. All such reports made to the gover- 
 nor shall be by him transmitted to the legislative assembly at the 
 earliest practicable time. Rev. Codes 1905, sec. 4366. 
 See also pars. 31J, ji8. 
 
 OHIO If upon complaint, or otherwise, commission 
 
 has reason to believe that a railroad or any officer, agent, or em- 
 ploye thereof has violated or is violating any law of the state, or 
 
 S96 if it has reason to believe that differences have arisen between 
 citizens of the state and any railroad operating as a common car- 
 rier within the state, it shall examine into the matter. Code 
 igio, sec. 601. 
 
 Commission either through its members or inspectors or 
 employes duly authorized by it may enter in or upon, for pur- 
 
 ^97 poses of inspection, any property, equipment, building, plant, 
 factory, office, apparatus, machinery, device and lines of any 
 public utility. Laws 1911, no. 525, sec. 10. 
 See also pars. J24, 2jgy, 3472. 
 
 OREGON See pars. 227, 2526, 2600, 2771. 
 
 PENNSYLVANIA The commissioners or any of them in the per- 
 formance of their official duties or any person in the office of com- 
 mission and specially delegated by commission for that purpose, 
 
 398 may enter and remain during business hours in the cars, offices 
 and depots, and upon the railroads of any common carrier, and 
 may examine books and affairs of any such common carrier. 
 Laws 1907, no. 250, sec. 10. 
 See also pars. 228, 333. 
 
 RHODE ISLAND The commissioners, the attorney general and 
 the agents of commission, as provided in section 13, while en- 
 gaged in the performance of their duties, may at all reasonable 
 
 S90 times enter any premises, buildings, cars, plant or equipment, or 
 other places belonging to or controlled by any public utility, and 
 inspect the same or any part thereof, and any person obstructing, • 
 hindering or in any way causing to be obstructed or hindered any 
 
 144 
 
commissioner or the attorney general or any agent of commission 
 in the performance of his duties, or who shall refuse to permit any 
 commissioner, the attorney general or any agent of commission 
 entrance into any premises, buildings, cars, plant or equipment, 
 or other places belonging to or controlled by any public utility, 
 in the performance of his duties as such, shall be deemed guilty 
 of a misdemeanor and fined not more than $500 nor less than 
 $200. Acts igi2, ch. ygj, sec. 14. 
 
 SOUTH CAROLINA Upon complaint and application of the mayor 
 and aldermen or council of any city, towp or county board cf com- 
 missioners of any county within which any part of any rail- 
 road is located, it shall be the duty of commission to make an 
 examination of the condition and operation thereof. Before 
 proceeding to make such examination in accordance with such 
 application, commission shall give to the applicants and the rail- 
 road corporation reasonable notice, in writing, of the time and 
 place of entering upon the same. If, upon such examination, it 
 
 400 shall appear to commission that the complaint alleged by the 
 applicant is we^l founded, they shall so adjudge, and shall inform 
 the corporation operating such railroad of their adjudication, in 
 the same manner as is provided in section 2068 of this chapter; 
 and the company failing for 60 days after such notice to remove 
 the cause of such complaint, it shall make report thereof to the 
 general assembly for such action as it may deem expedient ; or if 
 there be necessity for prompt action, it may take such legal pro- 
 ceedings as may be proper, and the attorney general shall insti- 
 tute and conduct such proceedings. Gen. Stats. igo2, sec. 2oyo. 
 
 It shall be the duty of commission when necessary to in- 
 vestigate so much of the books and papers of all the railroad 
 companies doing business in this state as it may think proper, 
 to ascertain if the rules and regulations have been complied 
 
 401 with, and to make personal \dsitations of railroad offices, 
 stations and other places of business for the purpose of examina- 
 tions and to make rules and regulations concerning such exam- 
 inations, which rules and regulations shall be observed and obeyed 
 as other rules and regulations. Same, sec. 2082. 
 
 See also pars. jj6, 2gi8, J020. 
 
 SOUTH DAKOTA Commission shall cause every warehouse and* 
 the business thereof, and the mode of conducting the same, to 
 
 402 be inspected at such times as commission may order by one or 
 more members of commission, who shall report in writing to 
 
 145 
 
commission the result of such examination; and the property, 
 books, records, accounts, papers and proceedings kept at each 
 warehouse, so far as they relate to their condition, operation or 
 management, shall at all times during business hours be sub- 
 ject to the examination and inspection of commission; and com- 
 mission may, in all matters arising under the provisions of this 
 law, exercise the power to subpoena and examine witnesses 
 conferred upon commission by law in relation to railroad com- 
 panies. Rev. Pol. Code iQoj, sec. 4Q0. 
 See also pars. 343, 344, 2774. 
 
 TENNESSEE The commissioners shall inform themselves 
 
 fully and thoroughly in regard to the affairs of every railroad 
 
 403 company doing business in this state. Acts iSgy, ch. 10, sec. 
 8(1), as amended by Acts igoy, ch. 3go, sec. 2. 
 
 See also par. zgzg. 
 
 TEXAS , It shall be the duty of commission to investi- 
 
 gate all complaints against railroad companies subject hereto, and 
 
 404 to inforce all laws of this state in reference to railroads. Sayles^ 
 Civ. Stats. I Spy, art. 4jyg{i). 
 
 VERMONT Commission shall at least once annually ex- 
 
 amine the roadbed, bridges, depots, rolling stock and equipment 
 of every railroad in the state, and shall, by examinations and 
 
 405 investigations, keep itself informed as to the condition, manner 
 of operation and safety of all railroads, and shall see that they 
 comply with the provisions of their charters and the laws of this 
 state. Pub. Stats. igo6, sec. 4602. 
 
 The members of commission and the clerk may enter during 
 business hours the offices, depots, cars and upon the railroads of 
 
 406 any person or corporation operating a railroad within this state, 
 so far as may be necessary in the discharge of their duties. Same, 
 sec. 4605. 
 
 Commission may, whenever it deems the public good re- 
 
 407 quires, examine the plants, equipment, lines, exchanges, stations 
 and property subject to its supervision under this act. Laws 
 igo8, no. 116, sec. 3. 
 
 The members of commission and any person in its employ 
 
 408 and by its direction may during business hours enter the offices, 
 plants, exchanges an4 stations or upon the land or lines of any 
 company subject to the provisions of this act. Same, sec. 4. 
 
 146 
 
VIRGINIA Commission shall examine all the railroads and 
 
 the works and eqmpment thereof, and the works and eqmpment 
 of all other transportation companies, and keep itself informed as 
 to their physical condition and the manner in which they are 
 operating with reference to the sectirity and accommodation of the 
 
 409 public, and the compliance of the several companies with the pro- 
 vision of their charters and the laws of the commonwealth. And 
 the provision of this section shall apply to all railroads and other 
 transportation companies, and to the corporations, trustees, 
 receivers, or other person owning or operating the same. Pol- 
 lard's Code 1904, sec. ijija{i8). 
 
 Upon the complaint and application of the mayor or coimcil 
 of any city or town, or the board of supervisors of any coimty 
 within which any part of any transportation or transmission line 
 is located, it shall be the duty of commission to make an exami- 
 nation of the physical condition and operation thereof. Before 
 proceeding to make such examination in accordance with such 
 application, commission shall give to the applicants and the cor- 
 poration or person operating any such line reasonable notice in 
 
 410 writing, of the time and place of entering upon the same. I 
 upon such examination it shall appear to commission that the 
 complaint alleged by the applicant is well fotmded, it shall so ad- 
 judge and shall notify such corporation or person of its adjudica- 
 tion; and if such corporation or person fail for 60 days after such 
 notification to remove the cause of complaint, commission shall 
 impose the fines and penalties provided by the constitution and 
 by law for its failure to obey the orders and requirements of com- 
 mission, and enforce the collection thereof by its judgments and 
 processes. Same, sec. iji3a{2i). 
 
 See also pars. jj6, 2gjy. 
 
 WISCONSIN See par. 2539, 2775. 
 
 J. Authority of Commission to Examine Under Oath the Officer s. 
 Agents or Employes of Public Utilities and to Inspect the Books, 
 Records and Memoranda Thereof. 
 
 UNITED STATES See pars. 2686, 2752. 
 
 ALABAMA Commission or any commissioner, or any per- 
 
 son or persons employed by commission for that purpose shall, 
 
 411 upon demand, have the right to inspect the books and papers of 
 any transportation company, and to examine under oath any 
 oflBcer, agent or employe of such transportation company in rela- 
 
 147 
 
tion to its business and affairs; provided, that any person other 
 than one of the commissioners who shall make such demand shall 
 produce his authority to make such inspection under the hand of 
 the commissioner, or of the secretary, and under the seal of 
 commission. Code igoy, sec. 5661. 
 
 See also pars. ^6j, 2688, 2y^4, ^ggg. 
 
 ARIZONA Commission, each commissioner and each 
 
 officer and person employed by commission shall have the right, 
 at any and all times, to inspect the accounts, books, papers and 
 documents of any public service corporation,^ and commission, 
 each commissioner and any officer of commission or any employe 
 authorized to administer oaths shall have power to examine under 
 ■ oath any officer, agent or employe of such public service corpo- 
 
 412 ration in relation to the business and affairs of such public service 
 corporation; provided, that any person other than a commissioner 
 or an officer of commission demanding such inspection shall pro- 
 duce under the hand and seal of commission his authority to 
 make such inspection; and, provided, further, that a written 
 record of the testimony or statement so, given under oath shall 
 be made and filed with commission. Sess. Laws igi2, ch. go, 
 sec. 58. 
 
 See also pars. j68, 32g8. 
 
 ARKANSAS The commissioners or either of them shall 
 
 have the right at such times as they may deem necessary to in- 
 spect the books and papers of any railroad company, and to 
 examine under oath any officer, agent or employe of such railroad 
 in relation to the business and affairs of the same. If any rail- 
 
 413 road shall refuse to permit the commissioners or either of them 
 to examine its books and papers, said railroad company shall 
 for each offense pay the state not less than $100 nor more than 
 $500 for each day it shall so fail and refuse. Kirby^s Digest igo4, 
 sec. 6821. 
 
 Any officer, agent or employe of any railroad company who 
 shall upon proper demand fail or refuse to exhibit to the com- 
 
 414 missioners or either of them any book or paper of such railroad 
 company which is in the possession or under the control of such 
 officer, agent or employe shall be deemed guilty of a misde- 
 meanor, and upon conviction in any court having jurisdiction 
 
 ^ The records, books, and files of all public service corporations, state banks, building 
 and loan associations, trust, insurance, and guaranty companies shall be at all times liable 
 and subject to the full visitorial and inquisitorial powers of the state, notwithstanding the 
 immunities and privileges secured in the declaration of rights of this constitution to per- 
 sons, inhabitants, and citizens of this state. Const., art. xtv. sec. x6. 
 
 148 
 
thereof shall be fined for each offense a stim not less than $ioo 
 nor more than $500. Same, sec. 6822. 
 
 CALIFORNIA Identical with par. 412, except that ''public 
 
 416 service corporation" reads "public utility." Stats. 1911, ist. ex. 
 sess., ch. 14, sec. 58. 
 
 See also pars. 3298, 4517. 
 
 COLORADO Commission shall at all times have access to 
 
 all accounts, records and memoranda kept by common carriers, 
 and it may employ special agents or examiners who shall have 
 authority, under order of commission, to inspect and examine 
 any and all accounts, records and memoranda kept by such com- 
 mon carriers. This provision shall apply to receivers of common 
 carriers and operating trustees. Laws 1910, sp. sess., ch. 5, 
 sec. 18. 
 
 In case of failure or refusal on the part of any common 
 carrier, receiver or trustee to submit such accoimts, records or 
 memoranda as are kept to the inspection of commission, or any 
 
 417 of its authorized agents or examiners, such common carriers, 
 receivers or trustees shall forfeit to the state the simi of $500 for 
 each such offense and for each and every day of the continuance 
 of such offense, such forfeitures to be recoverable in the same man- 
 ner as other forfeitures provided for in this act. Same. 
 
 CONNECTICUT See par. 2795. 
 
 FLORIDA Commission shall investigate the books and 
 
 papers of all railroads, railroad companies and common carriers to 
 ascertain if the rules and regulations have been complied with, 
 and they may make personal visitation of railroad offices, sta- 
 
 418 tions and other places of business, for the purpose of examination 
 and to make niles and regulations concerning such examinations, 
 which rules and regulations shall be observed and obeyed as other 
 rules and regulations. Gen. Stats. 1906, sec. 2904. 
 
 Commissioners shall have full power and authority to 
 examine all agents and employes of railroads, railroad com- 
 panies and common carriers and other persons under oath or 
 otherwise in order to procure the necessary information to 
 
 419 make just and reasonable rates for freight and passenger tariffs 
 and to ascertain if rules and regulations are observed or vio- 
 lated and to make necessary and proper rules and regulations 
 concerning such examinations, which rules and regulations shaill 
 
 149 
 
be obeyed and enforced as other rules and regulations provided 
 for in this chapter. Same, sec. 2go^. 
 See also par. 2^/55. 
 
 GEORGIA It shall be the duty of commission to investi- 
 
 gate the books and papers of all the railroad companies doing 
 business in this state, to ascertain if the rules and regulations 
 have been complied with, and to make personal visitation of 
 railroad offices, stations, and other places of business for the 
 purpose of examination, and to make rules and regulations 
 concerning such examination, which rules and regulations shall 
 be observed and obeyed as other rules and regulations; com- 
 
 420 mission shall also have full power and authority to examine all 
 agents and employes of said railroad companies, and other per- 
 sons, under oath or otherwise, in order to procure the neces- 
 sary information to make just and reasonable rates of freight 
 and passenger tariffs, and to ascertain if such rules and reg- 
 ulations are observed or violated, and to make necessary and 
 proper rules and regulations concerning such examinations, and 
 which rules and regulations herein provided for shall be obeyed 
 and enforced as all other rules and regulations provided for in 
 this article. Code igii, sec. 2633. 
 
 See also pars, j/i, 26g3, 3298. 
 
 ILLINOIS The property, books, records, accounts, papers 
 
 and proceedings of all railroad companies, other common carriers, 
 and all public warehousemen, shall at all times during business 
 hours be subject to the examination and inspection of commis- 
 sioners, and they shall have power to examine under oath or af- 
 firmation any and all directors, officers, managers, agents and 
 employes of any such railroad corporation or other common 
 carrier, and any and all owners, managers, lessees, agents and 
 employes of such public warehouses and other persons, con- 
 cerning any matter relating to the condition and management of 
 such business. The commissioners or any of them in the per- 
 formance of their official duties, or any person specially delegated 
 
 421 by commission for that purpose, may enter and remain during 
 business hours in the cars, offices, depots, and upon the railroads 
 or in vessels, or in and upon any of the instrumentalities used by 
 common carriers in and about the transportation of persons or 
 property between points wholly within the state, and may ex- 
 amine the books and affairs of such common carrier, and in all 
 proceedings before commission under a complaint duly filed, or 
 
 ISO 
 
upon a proceeding begun by commission upon its own motion, 
 commission shall have power to require by subpoena the at- 
 tendance and the testimony of witnesses and the production of 
 all books, papers, tariffs, contracts, agreements and documents 
 ■ relating in any matter embraced within such complaint or pro- 
 ceedings. Information so obtained shall not be admitted in 
 evidence or used in any other proceeding. Revisal igog, ch. 114, 
 sec. lyg. 
 
 See also par. 2806. 
 
 INDIANA In any matter or controversy under investi- 
 
 gation by commission, the commissioners or either of them, or 
 such person or persons as they may employ therefor, shall have 
 the right at such times as they may deem necessary to inspect 
 the books and papers or other documents of any railroad com- 
 pany, and to examine under oath any officer, agent, or employe 
 of such railroad company in relation to the business and affairs 
 of the same ; and commissioners or either of them, or such other 
 person as may be employed by them, shall also have the right to 
 exercise like powers as to all other persons or corporations 
 
 422 having books, papers, documents or information bearing upon 
 such investigation. If any railroad company, or such other per- 
 son or corporation, shall refuse to permit the commissioners or 
 either of them, or any person authorized thereto, to examine its 
 books and papers or other docimients, such railroad company, or 
 other person or corporation, shall, for each offense, pay to the 
 state not less than $100 nor more than $500 for each day it, or he, 
 shall so fail or refuse; provided, that any person other than one 
 of commissioners who shall make any such demands shall produce 
 his authority, under the seal of commission, to make such in- 
 spection. Burns^ Annot. Stats. igo8, sec. ^jjg. 
 
 Any officer, agent or employe of any railroad company, or 
 any other person or corporation, who shall upon proper demand 
 fail or refuse to exhibit to the commissioners or either of them, 
 or any person authorized to investigate the same, any book, paper 
 
 423 or other documents of such railroad company, or any other per- 
 son, or corporation, which is in the possession or imder the con- 
 trol of such officer, agent or employe, shall be deemed guilty of a 
 misdemeanor, and upon conviction in any court having jurisdic- 
 tion thereof, shall be fined for each offense a sum not less than 
 $100 and not to exceed $500. Same, sec. 553g{a). 
 
 IOWA Commission shaU have power in the discharge 
 
 of its duties to examine any of the books, papers or documents of 
 
 151 
 
any railway corporation, or to examine under oath or otherwise 
 any officer, director, agent or employe thereof; to issue subpoe- 
 nas — the cost thereof as well as the investigation to be first paid 
 by the state, upon the certificate of commission — and to enforce 
 obedience thereto in the performance of its duties as courts of law 
 
 424 may. Any person who shall wilfully obstruct it or its members 
 in the performance of their duties, or who shall refuse to give 
 any information within his possession that may be required by 
 them within the line of their duty, shall be guilty of a mis- 
 demeanor, and upon conviction may be fined not exceeding 
 $1000 in the discretion of the court. Code iSgy, sec. 211^. 
 
 KANSAS The commissioners shall have power in the 
 
 discharge of the duties of their office to examine any of the books, 
 papers or documents of any such company or corporation^ or to 
 examine imder oath or otherwise any officer, director, agent 
 or employe thereof, or any other person. The commissioners or 
 either of them are empowered to issue subpoenas and to ad- 
 minister oaths; and any person who may wilfully obstruct com- 
 
 425 missioners or either of them in the performance of their duties, 
 or who may refuse to give any information within their pos- 
 session that may be required by commissioners Within the line of 
 their duty, shall be deemed guilty of a misdemeanor, and shall be 
 liable on conviction thereof to a fine of not less than $100 nor 
 more than $1000 in the discretion of the court; the cost of such 
 subpoenas and investigation to be paid by the state on the cer- 
 tificate of commission. Gen. Stats, ipog, sec. yiSy. 
 
 See also par. 2^/58. 
 
 KENTUCKY Commission shall have the power to examine 
 
 imder oath any person or the directors, officers, agents and 
 employes of any railroad corporation concerning the management 
 of its affairs, and to obtain information pursuant to this law; and 
 shall have the power to issue subpoenas for the attendance of 
 witnesses and to administer oaths; and any person who shall 
 
 426 neglect or refuse to obey the process of subpoenas issued by com- 
 mission, or who being in attendance shall refuse to testify, shall 
 be deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be punished for each offense by a fine of not less than $50 
 nor more than $100, or by imprisonment of not less than ten nor 
 more than 50 days, or both, in the discretion of the jury. Car- 
 rolVs Stats. iQog, sec. 827. 
 
 ' See par. 264 for utilities to which this provision applies. 
 
MARYLAND Commission and each commissioner shall 
 
 have power to examine all books, contracts, records, documents 
 and papers of any corporation, company, association, person or 
 partnership subject to its supervision, in so far as they relate to 
 the matters over which said commission has jurisdiction and con- 
 
 427 trol, and by subpoena duces tecum, to compel production thereof. 
 In lieu of requiring production of originals by subpoena duces 
 tecum, the commission or any commissioner, may require sworn 
 copies of any such books, records, contracts, documents and pa- 
 pers, or parts thereof, to be filed with it. Laws igio, ch. i8o, 
 sec. IS- 
 
 Commission and each commissioner shall have power to 
 examine all books, contracts, records, docimients and papers of 
 any person or corporation subject to its provision [supervision?], 
 
 428 and by subpoena duces tecum to compel the production thereof. 
 In lieu of requiring production of originals by the subpoena 
 duces tecum, commission or any commissioner may require 
 sworn copies of any such books, records, contracts, documents 
 and papers, or parts thereof, to be filed with it. Same, sec. 20. 
 
 See also pars. ^77, 27 ^g, 32^8. 
 
 MASSACHUSETTS See pars. 364, 2700, 2704, 2yo6, 2707, 3008, 
 3010. 
 
 MICHIGAN Commission or any commissioner or any per- 
 
 son or persons employed by commission for that purpose shall 
 upon demand have the right to inspect the books and papers of 
 any common carrier, and to examine under oath any officer, 
 agent or employe of such common carrier in relation to any 
 
 429 matter which is the subject of complaint or investigation; pro- 
 vided, that any person other than one of commissioners who 
 shall make such demand shall produce his authority to make 
 such inspection under the hand of commission or its secretary, 
 and under the seal of commission. Pub. Acts igog, no. 300, 
 sec. 28(c). 
 
 See also pars. 2g^4, 32gg. 
 
 I 
 
 MINNESOTA It is hereby made the duty of commission to 
 
 keep itself informed as to whether common carriers in this state 
 are granting rebates or in other particulars are failing to comply 
 with the laws of this state. For this purpose power is conferred 
 on commission, or its agent, to at any proper time make thorough 
 and full examination of all books, vouchers, papers and accounts 
 
 480 of any and all common carriers of this state. Any officer, agent 
 
 153 
 
or employe of any railroad company in charge of such books, 
 vouchers, papers and accounts who shall fail or refuse to submit 
 the same for examination of commission, or its agent, shall be 
 guilty of misdemeanor. The provisions of this section shall in 
 no way interfere with the duties of the public examiner. Laws 
 1905, ch. 'ijd, sec. 8. 
 See also par. 641. 
 
 MISSOURI The property, books, records, accounts, papers 
 
 and proceedings of all such warehousemen or elevatormen as 
 are contemplated by this article shall at all times during busi- 
 ness hours be subject to the examination and inspection of 
 
 481 commission or any one of commissioners, and they or any one 
 of them shall have power to examine, under oath, any owner, 
 manager, lessee, agent or employe of a public warehouse, and 
 any other person, concerning the condition and management of 
 such warehouse or elevator. Rev. Stats, igog, sec. 68ig. 
 See also pars. 811, 3528. 
 
 MONTANA See par. 297. 
 
 NEBRASKA The chairman and each of the commissioners 
 
 shall have power to administer all oaths, certify to all official 
 acts, to compel the attendance of witnesses, to examine any of 
 the books, papers, docimients and records of any railway company 
 or common carrier, or have such examination made by any per- 
 son or persons that they may employ for that purpose, to compel 
 the production of such books, papers, docimients and records, or 
 
 432 to examine imder oath or otherwise any officer, director, agent or 
 employe of any railway company or common carrier or any other 
 person; provided, that any person or persons employed by com- 
 mission to examine said books, papers, documents or records shall 
 produce his authority under the hand and seal of commission to 
 make such examination. Cohhey^s Annot. Stats. 1909, sec. 
 io6so(j). 
 
 See also pars. 2761, 2762, 2763, 3300. 
 
 NEVADA For railroads, identical with par. 429. Stats. 
 
 433 1907, ch. 44, sec. i8{b). 
 
 See also pars. 2764, 287^, 2958, 2960. 
 
 NEW HAMPSHIRE See pars. 386, 983. 
 
 NEW MEXICO See par. 2882. 
 
 NEW YORK A provision identical with par. 428. Laws 
 
 484 1 910, ch. 480, sec. 4S{3)' 
 
 154 
 
Commission and each commissioner shall have power to 
 
 examine all books, contracts, records, documents and papers of 
 
 435 any telegraph or telephone corporation, and by subpoena duces 
 
 tectim to compel the production thereof, or of duly verified copies 
 
 of the same or of any of them. Same, sec. 94{3). 
 
 See also pars, ggo, 2^22, 2^6^, 2y6y, 2y68, 3300. 
 
 NORTH CAROLINA See par. 394. 
 
 NORTH DAKOTA The commissioners shall have power in the 
 discharge of the duties of their office to examine any of the books, 
 papers, or doctmients of any such person, company or corpora- 
 tion, or to examine under oath or otherwise any officer, director, 
 agent or employe thereof, and any person who may wilfully ob- 
 struct commissioners in the performance of their duties, or who 
 may refuse to give any information within his possession that may 
 be required by commissioners within the line of their duty, shall 
 be deemed guilty of a misdemeanor, and shall be liable on con- 
 viction thereof to a fine not exceeding $1000 in the discretion of 
 the court. Rev. Codes 1905, sec. 4364. 
 
 lOHIO A provision for railroads substantially iden- 
 
 437 tical with par. 429. Code 1910, sec. 558. 
 
 Commission or its duly authorized agent may examine any 
 officer, agent or employe of a railroad or of such other companies, 
 
 438 under oath, relative to the stock which he has in any of such 
 companies, and his pecuniary interests direct or indirect there- 
 in. SamCy sec. 603. 
 
 Commission shall have power either through its members 
 or by inspectors or employes duly authorized by it to examine 
 tmder oath at an}?- time and for assisting commission in the per- 
 formance- of any powers or duties of commission, any officer, 
 agent or employe of any public utility or railroad or any other 
 person in relation to the business and affairs of such utility, and 
 to compel the attendance of such witness for the purpose of such 
 examination. In case of disobedience on the part of any person 
 
 439 or persons to comply with any order relating to the production 
 or examination of books, contracts, records, documents and 
 papers, or in case of the refusal of any person to testify to any 
 matter regarding which he may be lawfully interrogated by any 
 such member, employe or inspector of commission at any time 
 or place, it shall be the duty of the common pleas court of any 
 county, or any judge thereof, on application of any member of 
 commission, to compel obedience by contempt proceedings as in 
 
the case of the disobedience of the requirements of subpoena 
 issued from such court pr a refusal to testify therein. Laws iqii, 
 no. J25, sec. 8. 
 
 Commission shall have power either through its members 
 or by inspectors or employes duly authorized by it, to examine 
 all books, contracts, records, docimients and papers of any pub- 
 
 440 lie utility, and by subpoena duces tecum to compel the production 
 thereof, or of duly verified copies of the same or any of them, and 
 to compel the attendance of such witnesses as commission may 
 require to give evidence at such examination. Same, sec. g. 
 
 See also pars. 2'j6g, 2g6j, 2g6^, 2g6S, 3300. 
 
 OKLAHOMA Commission shall have the right at all times to 
 
 441 inspect the books and papers of all transportation and transmis- 
 sion companies doing business in this state. Const. , art. ix, sec. 18. 
 
 The commissioners or either of them, or such persons as 
 they may employ therefor, shall have the right at such times as 
 they may deem necessary, to inspect the books and papers of any 
 railroad company or other public service corporation, and to 
 examine imder oath any officer, agent, or employe of such corpo- 
 rations in relation to the business and affairs of the same. If any 
 
 442 railroad company or other public service corporation shall refuse 
 to permit the commissioners or either of them, or any person 
 authorized thereto, to examine its books and papers, such rail- 
 road company or other public service corporation, shall, until 
 otherwise provided by law, for each offense, pay to the state not 
 less than $125 nor more than $500 for each day it shall so fail or 
 refuse, and the officer or other members so refusing shall be pun- 
 ished as the law shall prescribe. Same, sec. 28. 
 
 OREGON A provision for railroads identical with par. 
 
 448 411. Gen. Laws igoy, ch. 5j, sec. 41. . 
 
 Commission, or any commissioner, or any person or persons 
 employed by commission for that purpose, shall upon demand 
 have the right to inspect the books, accounts, papers, records 
 
 444 and memoranda of any public utility, and to examine under oath 
 any officer, agent, or employe of such public utility in relation to 
 its business and affairs. Any person other than one of com- 
 missioners who shall make such demand, shall produce a certif- 
 icate under the seal of commission showing his authority to make 
 such inspection. Gen. Laws igii, ch. 2yg, sec. 36. 
 See also pars. ^77 1, 2772. 
 
 PENNSYLVANIA See par. 3g8. 
 
 156 
 
I 
 
 SOUTH CAROLINA See pars. 365, 401, 849, 3020. 
 
 SOUTH DAKOTA Commissioners are hereby empowered and di- 
 rected to at any time enter any public warehouse during ordinary 
 business hours, or any office in which the books and accounts of 
 any pubUc warehouse are kept, and shall have the power to ex- 
 
 445 amine all of the books relating to the transaction of business of 
 such public warehouse, either within or without the state; it is 
 hereby made the duty of each public warehouseman to give com- 
 mission free access to all such books and accounts upon de- 
 mand. Sess. Laws igoy, ch. 2og, sec. i. 
 
 Any public warehouseman who shall refuse access to his 
 books and accounts, or who shall hinder or delay commission, 
 or any member thereof, from examining the same, shall be 
 
 446 deemed guilty of a misdemeanor, and upon conviction shall be 
 fined in any sum not greater than $100, and commission shall re- 
 voke the license of such public warehouseman. Same, sec. 2. 
 
 Commission or any member thereof shall have power in the 
 discharge of the duties of their office, to examine any of the books, 
 papers, or docimients of any common carrier, or to examine im- 
 der oath or otherwise any officer, director, agent or employe of 
 any such common carrier. Commission, or any of its members, 
 is hereby empowered to issue subpoenas to compel the attendance 
 of witnesses before such commission or member, and to admin- 
 
 447 ister oaths; and any person who may wilfully obstruct commis- 
 sion, or an}^ member thereof, in the performance of its or his 
 duties, or who may refuse to give any information within his pos- 
 session that may be required by commission or member within 
 the line of its or his duty, shall be deemed guilty of a misdemeanor 
 and shall be liable on conviction thereof to a fine not exceeding 
 $1,000 in the discretion of the court; the costs of such investiga- 
 tion to be first paid by the state on the certificate of com- 
 mission. Sess. Laws igii, ch. 2oy, sec. 3. 
 
 See also pars. 402, 2^13. 
 
 TENNESSEE Commission is given full power and authority 
 
 to examine the books and papers of the railroad companies, and to 
 examine under oath the officers, agents and employes of such 
 
 "448 conipanies and any other persons, to procure the necessary in- 
 formation to intelligently and justly discharge their duties and 
 carry out the provisions of this act. Ads 1897, ch. 10, sec. 8. 
 
 TEXAS The commissioners or either of them, or such 
 
 persons as they employ therefor, shall have the right at such 
 
 157 
 
times as they may deem necessary, to inspect the books and 
 papers of any railroad company, and to examine under oath any 
 officer, agent, or employe of such railroad in relation to the busi- 
 ness and affairs of the same. If any railroad shall refuse to per- 
 
 449 mit the commissioners or either of them, or any person authorized 
 thereto, to examine its books and papers, such railroad shall for 
 each offense pay to the state not less than $125 nor more than 
 $500 for each day it shall so fail or refuse; provided that any per- 
 son other than one of commissioners who shall make any such 
 demands shall produce his authority, imder the hand and seal of 
 commission, to make such inspection. Sayles^ Civ. Stats. i8gy, 
 art. 456 g. 
 
 Commission shall have authority, and it shall be its duty to 
 call upon express companies for reports, and investigate their 
 books in the same manner as may be prescribed by law for the 
 regulation of railroad companies, and commission shall have 
 
 460 power and authority to institute suits, sue out such writs and 
 process as may be applicable and authorized for the regulation 
 of railroad companies. All laws, rules and regulations made 
 and prescribed for the government and control of railroads in so 
 far as they are applicable shall be of equal force and effect against 
 all express companies. Same, art. 4584. 
 
 Any officer, agent or employe of any railroad company who 
 shall upon proper demand fail or refuse to exhibit to commissioners 
 or either "of them, or any person authorized to investigate the 
 same, any book or paper of such railroad company which is in the 
 
 451 possession or under the control of such officer, agent or employe 
 shall be deemed guilty of a misdemeanor, and upon conviction in 
 any coiirt having jurisdiction thereof shall be fined for each of- 
 fense a sum not less than $125 and not to exceed $500. White's 
 Penal Code, art. looj. 
 
 See also par. 2QJo. 
 VERMONT See pars. 3022, 3024. 
 
 VIRGINIA A provision identical with par. 441. Const., 
 
 452 sec. 156Q)). 
 
 WASHINGTON Commission and each commissioner, or any 
 
 person employed by commission, shall have the right at any time 
 and all times to inspect the accounts, books, papers and docu- 
 ments of any public service company, and commission or any 
 
 468 commissioner may examine under oath any officer, agent, or 
 employe of such public service company in relation thereto and 
 with reference to the affairs of such company; provided, that any 
 
 158 
 
person other than a commissioner who shall make any such de- 
 mand, shall produce his authority from commission to make 
 such inspection. Laws igii, ch. iiy, sec. 77. 
 See also par. 2^/4. 
 
 WISCONSIN A provision for railroads identical with par. 
 
 411; also provisions for public utilities substantially identical 
 454 with par. 444. Laws igoj, ch. j62, sec. lygy-iSih); Laws igoj, 
 
 ch. 4gg, sees. iyQym-j8{i), ly gym- 38 {2). 
 
 See also pars. 2775, 2gjs. 2gyS, 3301, 3302. 
 
 4. Authority of Commission over Allied Businesses. 
 
 NEW YORK In case any electrical or gas corporation is en- 
 
 gaged in carrying on any business other than owning, operating or 
 managing a gas or an electric plant, which other business is not 
 otherwise subject to the jurisdiction of commission, and is so 
 conducted that its operations are to be substantially kept separate 
 and apart from the owning, operating, managing or controlling 
 of such gas or electric plant, said corporation in respect of such 
 other business shall not be subject to any of the provisions of this 
 chapter and shall not be required to procure the assent or author- 
 ization of commission to any act in such other business or to make 
 any report in respect thereof. But this subdivision shall not re- 
 strict or limit the powers of commission in respect to the owning, 
 
 455 operating, managing or controlling by such corporation of such 
 gas or electric plant, and said powers shall include also the right 
 to inquire as to, and prescribe the apportionment of, capitaliza- 
 tion, earnings, debts and expenses fairly and justly to be awarded 
 to or borne by the ownership, operation, management or control 
 of such gas or electric plant as distinguished from such other busi- 
 ness. In any such case, if the owning, operating, managing, or 
 controlling of such gas or electric plant by any such corporation is 
 whoUy subsidiary and incidental to the other business carried on 
 by it and is inconsiderable in amount and not general in its char- 
 acter, commission, may by general rules exempt such corporation 
 from making full reports and from the keeping of accounts as to 
 such subsidiary and incidental business. Laws igio, ch. 480, 
 sec. 66(13). 
 
 5. Territorial Jurisdiction of Commission. 
 
 NEW YORK There are hereby created two public service 
 
 456 districts, to be known as the first district and the second dis- 
 
 159 
 
trict. The first district shall include the counties of New York, 
 Kings, Queens and Richmond. The second district shall in- 
 clude all other counties of the state. Laws igio, ch. 480, sec. j. 
 
 There shall be a public service commission for each district, 
 and each commission shall possess the powers and duties herein- 
 467 after specified, and also all powers necessary or proper to enable it 
 to carry out the purposes of this chapter. Same, sec. 4. 
 
 The jurisdiction, supervision, powers and duties of com- 
 mission in the first district shall extend, under this chapter: (a) 
 to railroads and street railroads lying exclusively within that dis- 
 trict, and to the persons or corporations owning, leasing or 
 operating the same ; (b) to street railroads any portion of whose 
 lines lies within that district, to all transportation of persons or 
 property thereon within that district or from a point within either 
 district to a point within the other district, and to the persons or 
 corporations owning, operating or leasing the said street rail- 
 roads; provided, however, that commission for the second dis- 
 trict shall have jurisdiction over such portion of the lines of said 
 street railroads as lies within the second district, and over the 
 persons or corporations owning, operating or leasing the same, 
 so far as concerns the construction, maintenance, stationary 
 
 458 equipment, terminal facilities, stations and local transportation 
 facilities of said street railroads within the second district; (c) to 
 such portion of the lines of any other railroad as lies within that 
 district, and to the person or corporation owning, leasing or 
 operating the same, so far as concerns the construction, mainte- 
 nance, stationary equipment, terminal facilities, stations and 
 local transportation facilities, and local transportation of persons 
 or property within that district ; (d) to any common carrier other 
 than a railroad corporation or street railroad corporation oper- 
 ating or doing business within that district, so far as concerns 
 operations exclusively within that district; (e) to the manufac- 
 ture, sale or distribution of gas or electricity for light, heat or 
 power, in the first district, to gas plants and to electric plants 
 therein, and to the persons or corporations owning, leasing or 
 operating the same. Same, sec. ^{i). 
 
 And in addition thereto, commission in the first district shall 
 have and exercise all powers heretofore conferred upon the board 
 of rapid transit railroad commissioners under chapter four of the 
 laws of 1 89 1, entitled ''An act to provide for rapid transit rail- 
 
 409 ways in cities of over one million inhabitants," and the acts 
 amendatory thereof, together with such other and necessary 
 
 160 
 
powers as may be requisite to the efficient performance of the 
 duties imposed upon said board by said act. Same, sec. 5(2). 
 
 All jurisdiction, sui>ervision, powers and duties under this 
 chapter not specifically granted to the public service commission 
 of the first district shall be vested in, and be exercised by, the pub- 
 lic service commission of the second district, including the regu- 
 
 460 lation and control of all transportation of persons or property, 
 and the instnmientalities connected with such transportation, on 
 any railroad other than a street railroad, from a point within 
 either district to a point within the other district. Same, sec. 5(3) . 
 
 A corporation or person owning or holding a majority of the 
 stock of a common carrier, gas corporation or electrical corpora- 
 tion subject to the jurisdiction of commission shall be subject to 
 the supervision of the same commission in respect of the relations 
 between such common carrier, gas corporation or electrical cor* 
 poration and such owners or holders of a majority of the stock 
 thereof, in so far as such relations arise from or by reason of such 
 
 461 ownership or holding of stock thereof, or the receipt or holding of 
 any money or property thereof, or from or by reason of any con- 
 tract between them; and in respect of such relations shall, in like 
 manner and to the same extent as such common carrier, g3,s cor* 
 poration or electrical corporation, be subject to examination of 
 accounts, records and memoranda, and shall fimiish such reports 
 and information as commission shall irom time to time direct and 
 require, and shall be subject to like penalties for default therein. 
 SamCy sec. 5(4). 
 
 The jurisdiction, supervision, powers and duties of the public 
 service commission in the second district shall extend, under this 
 chapter, to every telephone line which lies wholly within the 
 state of New York and that part within the state of New York of 
 
 462 every telephone line which lies partly within and partly without 
 the state of New York, and to the persons or corporations owning, 
 leasing or operating any such telephone line. Same, sec. ^i^), as 
 amended by Laws igio, ch. 6yj. 
 
 The jurisdiction, supervision, powers and duties of the 
 public service commission in the second district shall extend, un- 
 der this chapter, to every telegraph line which lies within the state 
 of New York and that part within the state of New York of every 
 
 463 telegraph line which lies partly within and partly without the 
 state of New York, and to the persons or corporations owmnr.- 
 leasing or operating any such telegraph line. Same, sec. ^(6), as 
 amended by Laws igio, ch. 67 ^^ 
 
 161 
 
Corporations formed to acquire property or to transact 
 
 biisiness which would be subject to the provisions of this chapter, 
 
 . . and corporations possessing franchises for any. of the purposes 
 
 464 conteniplated by this chapter, shall be deemed to be subject to the 
 
 provisions of this chapter although no property may have been 
 
 acquired, • business transacted or franchises exercised. Same, 
 
 sec. 5(7), as amended hy Laws igio, ch. 673. 
 
 . . Any railroad corporation or common carrier other than a 
 
 ... street. railroad corporation, operating partly within the second 
 district and partly within the first district, shall report to com- 
 mission of the, second district ; but commission of the first district 
 *. . . may, upon reasonable notice, reqtiire a special report from such 
 ,466 'railroacf corporation or common carrier. Any street railrbad cor- 
 ,. . , poration operating partly within the first district and partly 
 '*'..' .within the second 'district' shall report to commission of the first 
 V . ,. . district ; but'cominission of the second district may, upon reason- 
 ;.. , able notice,, require a special report from such street railroad cor- 
 
 '. ..poration. 'Same, sec. 46. ' 
 
 ' ; • ■ "Whenever it 'sha,U happen that any railroad corporation shall 
 ,"'.,. ..own or operate its lines in both districts it shall, under this section 
 -,". ' (appfoyar of issues of stock," bonds" and other form of indebt- 
 ] .. .'edness)i "apply] to. comrnission of the second district: Whenever 
 Ife/.* it' shall happen th^ street railroad corporation shall own or 
 
 '. »!i 'Qperafeitslmes m districts it shall, under this section, apply 
 
 V . . .. . ip c^pmfhission M Any other common carrier 
 
 '**"'' not operating exclusively in the first district shall apply to com- 
 mission of the second district. Same, sec. 55: 
 '' "'" ' Any freight ' terminal company, the limits of the locality 
 "'' ■ in which it is organized to do business include any portion of the 
 4k7 ' city of .New York, shall be subject to the supervisi'on, control and 
 ;*' ■ regulation of the public service commission of the first district. 
 "'"''' Laws igti, dh. y 78, sec: 156. 
 """'' See' also par. 28go. ' 
 
 6. Authority of Pre-existing Boards or Administrative Officers 
 -. . .. , ... .... ., Conferred on, Commission. 
 
 •OAtlFORNIA '^^ See par. 3163. '• :V.v:: 
 
 CONJ^ECTICUX ^ The office of. railroad conpiissioner is- hereby 
 ■•..• -.^^lis^^^''.^^^."^^^ rights, powers and duties heretofore vested in 
 .V. V. the railrpad-,commissioners and not inconsistent with other pro- 
 •^ , .• yisions of this act are-ljiereby transferred .to .and continued in the 
 468 public utilities commission hereia created; and all order^i hereto- 
 
 162 
 
fore made by said railroad commissioners shall continue in force, 
 except as hereafter altered or until reversed or rescinded by said 
 public utilites commission; and all books, records and other 
 papers of the railroad commissioners are hereby transferred to the 
 public utilities commission. Puh. Acts igiij ch. 128, sec. 12. 
 The office of inspector general of gas meters and illtiminating 
 469 gas is hereby abolished and the duties heretofore invested in said 
 officer shall hereafter be performed by commission. Samey sec. ig. 
 
 KANSAS All laws relating to the powers, duties, author- 
 
 ity and jurisdiction of the board of railroad commissioners are 
 hereby adopted, and all powers, duties, authority and jurisdiction 
 ' 470 by said laws imposed and conferred upon said board of railroad 
 commissioners, relating to common carriers, are hereby imposed 
 and conferred upon the commission created imder the provisions 
 of this act. Laws igii, ch. 2j8, sec. 2. 
 
 MASSACHUSETTS The powers and duties heretofore conferred 
 and imposed upon the inspector of gas meters and illtimtnating 
 gas are hereby conferred and imposed upoii the board of gas and 
 
 471 electric light commissioners. The caire and custody of all prop- 
 erty of the commonwealth in the possession of said inspector are 
 hereby transferred to said board. Acts igo2,'ch. 228, sec. i. 
 
 MICHIGAN All powers, duties and privileges imposed and 
 
 conferred under existing laws upon the comrnissioner of rail- 
 roads, the railroad and street crossing board, the crossing board 
 as defined by section 6232 of the compiled laws of 1897, and the 
 board of railway consolidations as defined by section 6255 of 
 the compiled laws of 1897, and upon the Michigan, railroad 
 commission under existing laws are hereby irnposed and conferred 
 upon the commission created under the provisions o£ this act ; 
 and wherever in said acts or either of them the commissioner 
 of railroads, the railroad and street crossing board, the crossing 
 board, and the board of railway consolidations, the Michigan 
 railroad commission, or either of said officials or boards, are 
 named, the same shall be construed to mean and apply to and 
 name the Michigan railroad commission created by this act; 
 provided, that the powers and duties conferred upon the Michi- 
 
 472 gan railroad commission by act 3J2 of the public acts of 1907, 
 shall continue. to be exercised by; that commission until the 
 commission provided in section one of this act has qualified 
 
 ^ and organized^ provided further, .that all 'hearings, investiga- 
 tions and complaints pending upon the organization- of the com- 
 
 . 163 
 
misvsion provided for in section one of this act which shall have 
 been begun by or before the commission organized under act 
 312 of the public acts of 1907, may be continued and orders issued 
 therein in all respects the same as if the complaints presented, 
 investigations made and hearings held by the commission oper- 
 ating under act 312 of 1907, had been presented to, made by 
 and held by the commission created under section one of this 
 act. All tariffs and schedules now on file with the Michigan 
 railroad commission created by said act 312 shall be of the same 
 effect as if filed with the commission created by this act. Puh. 
 Acts igog, no. 300, sec. 4g. 
 
 NEW HAMPSHIRE All the powers and duties imposed and con- 
 ferred upon the board of railroad commissioners under existing 
 laws, except in so far as inconsistent with the powers and 
 duties imposed by this act, are imposed and conferred upon the 
 public service commission created by this act, and all proceed- 
 ings and appeals which under existing laws are required to be 
 
 473 brought before the board of railroad commissioners shall here- 
 after be brought before said commission, it being the intent 
 hereof to substitute said public service commission with all the 
 powers and duties imposed upon the same by this act in the 
 place of said board of railroad commissioners; provided, how- 
 ever, that the powers and duties of the board of railroad com- 
 missioners shall continue to be exercised by that board till June 
 I, 191 1, until which date said board of railroad commissioners 
 now in office shall continue to serve at their present salary, and 
 on which date the powers of said board shall terminate and said 
 board shall be abolished. Laws igii, ch. 164, sec. j(a). 
 
 On June i, 191 1, the board of railroad commissioners shall 
 transfer and deliver to the public service commission appointed 
 
 474 under the provisions of this act all books, maps, papers, files, 
 and records of whatever description in its possession. Same, 
 sec. 3(b). 
 
 NEW YORK On and after July i , 1907, the board of railroad 
 
 commissioners and the commission of gas and electricity shaU be 
 abolished. All the powers and duties of such board and commis- 
 
 476 sion conferred and imposed by any statute of this state shall be 
 exercised and performed by the public service commissions. 
 Laws jgio, ch. 480, sees. 120, 121. 
 
 On and after July i, 1907, the offices of inspector and deputy 
 inspectors of gas meters shall be abolished. All the powers and 
 
 164 
 
duties of such inspector conferred and imposed by any statute of 
 
 476 this state shall be exercised and performed by the public service 
 commissioners. But any meter inspected, proved and sealed by 
 the said inspector of gas meters prior to July i, 1907, shall be 
 deemed to have been inspected by commission. Same, sec. 122. 
 
 On and after July i, 1907, the board of rapid transit railroad 
 commissioners shall be abolished. All the powers and duties of 
 
 477 such board conferred and imposed by any statute of this state 
 shall thereupon be exercised and performed by the public service 
 commission of the first district. Same, sec. 123. 
 
 See also par. 459. 
 
 The board of railroad commissioners, the commission of gas 
 and electricity, and the inspector of gas meters, shall transfer 
 and deliver to the public service commission of the second dis- 
 
 478 trict all books, maps, papers, and records of whatever descrip- 
 tion, in their possession on July i, 1907; and the said commis- 
 sion is authorized to take possession of all such books, maps, 
 papers, and records. Same, sec. 124(1). 
 
 The board of rapid transit railroad commissioners shall 
 transfer and deliver to the public service commission of the 
 first district all contracts, books, maps, plans, papers and 
 
 479 records of whatever description, in their possession on July i, 
 1907; and the said commission is authorized to take possession 
 of all such contracts, books, maps, plans, papers and records. 
 Same, sec. 124(2). 
 
 The public service commission of the second district may 
 transfer to the public serA^-ice commission of the first district 
 
 480 any of the said books, maps, papers, and records which relate 
 to any corporation, person or matter within the jurisdiction of 
 the public service commission of the first district. Same, sec. 
 124(3)' 
 
 Whenever the terms board of railroad commissioneis, or 
 commission of gas and electricity or inspector of gas meters or 
 board of rapid transit railroad commissioners occur in any law, 
 contract or document or wherever in any law, contract or docu- 
 ment reference is made to such boards, commission or inspector, 
 such terms or reference shall be deemed to refer to and include 
 the public service commissions as established by this chapter so 
 far as such law, contract or document pertains to matters which 
 are within the jurisdiction of the said public service commis- 
 sions. Same, sec. 126. 
 
 165 
 
RHODE ISLAND All the powers and duties conferred by law 
 upon and required to be performed by the railroad commissioner 
 or his deputy at the time of the passage of this act, shall hereafter 
 
 482 devolve upon and be exercised and performed by the public util- 
 ities commission. All restrictions not inconsistent with the pro- 
 visions of this act, imposed by law upon any railroad or street 
 railway corporation, heretofore subject to regulation by the rail- 
 road commissioner, shall continue in fiill force and effect and all 
 other things made subject to the regulation or requiring the sanc- 
 tion or approval of said railroad commissioner, and all proceed- 
 ings of transactions of whatever nature to which the railroad com- 
 missioner is by law made a party, shall hereafter be subject to full 
 regulation and performance by the said commission, in accord- 
 ance with the provisions and limitations prescribed in this act. 
 Acts igi2, ch. 7P5, sec. 55. 
 
 SOUTH DAKOTA The office of telephone inspector is hereby 
 abolished. The duties heretofore devolving upon that officer are 
 
 483 hereby conferred upon the board of railroad commissioners. 
 Sess. Laws igii, ch. 2iy, sec. i. 
 
 VIRGINIA Upon the organization of commission, the 
 
 board of public works and the office of railroad commissioner, 
 
 484 shall cease to exist; and all books, papers and documents per- 
 taining thereto, shall be transferred to, and become a part of 
 the records of, the office of commission. Const., sec. i56{k). 
 
 Commission is hereby charged with all the duties and vested 
 with all the rights, property, fimctions and powers heretofore 
 performed, vested in, and exercised by the board of public works, 
 except in so far as the same may be in conflict with the constitu- 
 486 tion and laws of this state, and commission shall particularly 
 perform the duties and exercise the powers heretofore performed 
 and exercised by said board, prescribed in section 59 to 78 inclu- 
 sive, of this act. Pollard's Code 1904, sec. ijija(^6). 
 
 WASHINGTON The railroad commission of Washington shall 
 
 transfer and deliver to the public service commission hereby 
 
 486 created all books, maps, papers, and records, furniture, equip- 
 ment, instruments and supplies in its possession at the date of 
 the taking effect of this act. Lnws igii, ch. iiy, sec. no. 
 
 WISCONSIN All powers, duties and privileges imposed and 
 
 conferred upon the railroad commissioner of this state tmder ex- 
 
 487 isting laws are hereby imposed and conferred upon commission 
 
 166 
 
created under the provisions of this act. Laws 1905, ch. 362, sec. 
 1797-36- 
 
 B. AUTHORITY OF COMMISSION TO HOLD 
 HEARINGS ON PROPOSED CHANGES OF LAW 
 AND MAKE RECOMMENDATIONS WITH RE- 
 SPECT THERETO. 
 
 MARYLAND Commission shall conduct a hearing and take 
 
 testimony as to the advisability of any proposed change of law 
 relating to any common carrier, railroad, street railroad, railroad 
 or street railroad corporation, or other corporation subject to 
 the provisions of this act if requested to do so by the legislature, 
 by the senate, or general assembly, or the governor, and may con- 
 duct such a hearing, when requested to do so, by any person or 
 
 488 corporation, and shall report its conclusions to the officer, body," 
 person or corporation at whose request the hearing was held- 
 Commission may also recommend the enactment of such legisla- 
 tion with respect to any further matter within its jurisdiction as 
 it deems wise or necessary in the pubHc interest, and may draft 
 or cause to be drafted such bills or acts as it may deem necessary 
 or proper to enact into law the legislation recommended by it. 
 Laws 1910, ch. 180, sec. 20. 
 
 MICHIGAN Commission shall conduct a hearing and take 
 
 testimony as to the advisability of any proposed change of law 
 relative to any matter within its jurisdiction if requested to do 
 so by the legislature, by the senate or house committee on 
 railroads, or by the governor, and shall report its conclusions 
 
 489 to the officer or body at whose request the hearing was held. 
 Commission may also recommend the enactment of such legis- 
 lation, with respect to any matter within its jurisdiction, as it 
 deems wise or necessary in the public interest, and may draft 
 or cause to be drafted such bills or acts as it may deem neces- 
 sary or proper to enact into law the legislation recommended 
 by it. Fuh. Acts 1909, no. joo, sec. 50. 
 
 NEW YORK Each commission shall conduct a hearing and 
 
 take testimony relative to any pending' legislation with respect 
 to any person, corporation or matter within the jurisdiction of 
 commission, if requested to do so by the legislature or by either 
 
 490 branch thereof or by a standing committee of either branch 
 thereof or by the governor or by any such person or corporation, 
 
 167 
 
and shall report its conclusions to the legislature. Commission 
 may also recommend the enactment of such legislation with 
 respect to any matter within its jurisdiction as it deems wise or 
 necessary in the public interest. Laws igio, ch. 480, sec. 16(2). 
 
 PENNSYLVANIA Commission may take testimony upon, and 
 have a hearing for and against any proposed change of law relat- 
 ing to common carriers, or of the general railroad law, if requested 
 to do so by the secretary of internal affairs, the legislature, or by 
 the committee on railroads of the senate or house of representa- 
 
 491 tives, or by the governor; and may take such testimony, and have 
 such a hearing, when requested by any of said common carriers, 
 corporation, or person interested; and shall recommend and draft 
 such bills as will, in its judgment, protect the interests of the pub- 
 lic in connection with common carriers. Laws igoy, no. 2jo, 
 sec. II. 
 
 VIRGINIA See par. 4521. 
 
 C. AUTHORITY OF COMMISSION TO ARBI- 
 TRATE OR MEDIATE IN CONTROVERSIES 
 AFFECTING PUBLIC UTILITIES. 
 
 CONNECTICUT Nothing in this act shall be construed to 
 
 authorize commission to interfere in any manner with contracts 
 
 498 between public service companies and their employes. Puh. 
 Acts igii, ch. 128, sec. 36. 
 
 NEW MEXICO Commission shall endeavor b}^ mediation to 
 
 effect settlements of grievances of persons, associations, corpora- 
 tions or carriers against railroads or common carriers. In case 
 no satisfactory settlement be effected commission shall on motion 
 
 498 by petitioners, or of its own motion, order a public hearing upon 
 the matter set forth in the petition, which hearing shall be held 
 not less than ten days after service of notice thereof upon defend- 
 ant. Laws igi2, ch. ^8, sec. 2. 
 
 NORTH CAROLINA Whenever any compan}^ or corporation em- 
 braced in this chapter has a controversy with another corporation 
 or person and all the parties to such controversy agree in writing 
 to submit such controversy to commission as arbitrators, com- 
 mission shall act as such, and after due notice to all parties inter- 
 ested shall proceed to hear the same, and their award shall be 
 
 494 final. Such award in cases where land or an interest in land is 
 
 168 
 
concerned shall immediately be certified to the clerk of the supe- 
 rior court of the county in which said land is situated and shall by 
 such clerk be docketed in the judgment docket for such county 
 and from such docketing shall be a judgment of the superior 
 court for such county. Parties may appear in person or by attor- 
 ney before such arbitrators. PeWs Revisal igo8, sec. lo^j. 
 
 OKLAHOMA Upon the request of the parties interested, it 
 
 shall be the duty of commission, as far as possible, to effect, by 
 
 495 mediation, the adjustment of claims, and the settlement of con- 
 troversies, between transportation or transmission companies and 
 their patrons or employes. Const., art. ix, sec. i8. 
 
 OREGON In case of any dispute or disagreement be- 
 
 tween any bonded employe or employes of any railroad, which 
 dispute shall result in the discharge or termination of the serv- 
 ices of said bonded employe or employes, it shall be the duty of 
 said railroad to furnish to such bonded employe or employes so 
 discharged upon request, a copy of the charges filed against said 
 employe or employes, as a result of which the services of said em- 
 
 496 ploye or employes shall have been discontinued; provided, how- 
 ever, that if no written charges have been filed against such em- 
 ploye or employes as a result of which their services shall have 
 been terminated, it shall be the duty of said railroad to furnish the 
 employe or employes so discharged with a written statement of 
 the reasons for the discharge of said employe or employes within 
 five days from the date of the termination of the services of said 
 employe or employes. Gen. Laws igii, ch. jjg, sec. i. 
 
 Should the said railroad fail to furnish to said bonded em- 
 ploye or employes a copy of the charges filed against said em- 
 ploye or employes or fail to fiu*nish in writing to said employe or 
 employes, a written statement of the charges against him giving 
 the reasons for his or their discharge within five days from the 
 date of the termination of said services, then and in that event 
 the said employe or employes may complain thereof to commis- 
 sion for the purpose of determining the reasons for said discharge 
 and in case said bonded employe or employes are charged with 
 any offense involving moral turpitude upon complaint being made 
 by any bonded employe or employes as aforesaid that the cause 
 of the discharge was untrue, commission shall notify the railroad 
 
 497 complained of that complaint has been made and ten days after 
 such complaint commission shall proceed to investigate same; 
 provided, however, that before proceeding to make such investi- 
 
 169 
 
gation commission shall give the railroad and the complainant 
 or complainants ten days' notice of the time and place when and 
 where such complaint will be considered and determined and said 
 parties shall be entitled to be heard and shall have process to 
 enforce attendance of witnesses and to compel the said railroad to 
 present before commission at the time and place of said hearing 
 all the documentary evidence in the possession of said railroad 
 bearing upon the complaint filed against it, and if upon such 
 investigation and hearing it shall appear to commission that the 
 charge against the said employe or employes was untrue commis- 
 "- sion shall make a finding of fact to that effect recommending the 
 reinstatement of said employe or employes and furnishing a copy 
 thereof to the complainant. Same, sec. 2. 
 
 Commission for the purpose mentioned in this act shall have 
 the power: (a) To administer oaths; (b) to certify to official acts; 
 . (c) issue subpoenas to compel the attendance of witnesses; (d) to 
 provide for the production of papers, contracts, books, accoimts, 
 documents and testimony; (e) to provide for the disobedience on 
 the part of any person, or persons, to comply with the orders of 
 commission, or any commissioner, in respect thereto, or any re- 
 
 498 fusal of any witness to testify to any matter regarding which he 
 may be lawfully interrogated; (f) to provide for the fees and mile- 
 age of witnesses; (g) to punish said witness, or witnesses for the 
 disobedience of any subpoena issued by commission upon any 
 hearing held in accordance with this act; and (h) generally to 
 provide for the taking of testimony, and for the recording of the 
 proceedings held before commission in accordance with the pro- 
 visions of this act. Same, sec. j. 
 
 ^^ It shall be the duty of the circuit court of any coimty of the 
 
 state, or the judge thereof, on application of commission, or of 
 any commissioner, to compel the attendance of witnesses before 
 
 499 commission in hearings in accordance with this act, by attach- 
 ment proceeding, or contempt, as in the case of the disobedience 
 of the requirements of a subpoena issued from said court or a 
 
 .r. , refusal to testify therein. Same, sec. 4. 
 
 ■!•• Any person, or persons, who shall neglect or refuse to attend 
 
 •v.. .before commission in accordance with this act, and testify or to 
 answer any legal inquiry, or to produce books, papers, contracts, 
 accotmts, or documents within his power to do so, in obedience 
 
 •00 to the subpoena or lawful requirements of commission as herein 
 provided for, shall be guilty of a misdemeanor, and upon convic- 
 tion thereof by a court of competent jtirisdiction, shall be pun- 
 
 170 
 
 I 
 
ished by a fine of not less than $ioo nor more than $i,ooo or by 
 imprisonment in the county jail of not more than one year, or by 
 both said fine and imprisonment. Same, sec. 5. 
 
 D. AUTHORITY OF COMMISSION TO VISIT 
 AND CONFER WITH OTHER REGULATING 
 BODIES.^ 
 
 INDIANA When in judgment of governor expressed in a 
 
 written order to commission, which order shall be entered of 
 record in their minutes, it will better qualify the members of 
 commission to discharge their duties, they or either of them 
 designated in order of commission, may visit the railroad com- 
 
 604 mission of other cities or the interstate commerce commission or 
 may attend the meetings of the national association of railway 
 commissioners or the sessions of committees of such associations 
 or the sessions of other railroad organizations having under con- 
 sideration subjects which concern the duties of such commission. 
 Acts 1907, ch. 241, sec. 2(0). 
 
 KANSAS Commission may confer with officers of other 
 
 605 states and officers of United States on any matter pertaining to 
 their official duties. Laws igii, ch. 2j8, sec. 9. 
 
 MICHIGAN Commission may confer by correspondence, by 
 
 attendiag conventions, or otherwise, with the railroad commis- 
 
 606 sioners of other states, with the interstate commerce commission 
 or with any other bodies considering any matters pertaining to 
 common carriers. Pub. Acts igog, no. 300, sec. 2(m). 
 
 NEVADA Commission may confer by correspondence or 
 
 by attending conventions or otherwise with the railroad commis- 
 
 607 sioners of other states and with the interstate commerce commis- 
 sion on any matters relating to railroads. Stats, igoy, ch. 44, 
 sec. i{m) as amended by Stats, igii, ch. ig^. 
 
 1 ALABAMA Commissioners on notice by the governor shall attend the meetings of the 
 
 state board of assessment, and, if required, give such board all information they can that 
 
 601 wUl assist them in the assessment of taxes against persons or corporations operating rail- 
 roads. Code 1907, sec. 5655. 
 
 MARYLAND It shall be the duty of every public officer without exacting or receiving 
 
 charge or fee of any kind to furnish to commission upon its application a certified copy 
 
 602 of any document or part thereof on file in his office, and no pubhc officer shall be entitled 
 to receive from commission any fee for entering, filing, docVeting or recording any docu- 
 ment required or authorized by law to be filed in his office. Laws 1910, ch. 180, sec. Q. 
 
 OHIO Commission shall, whenever called upon by any officer, board or commis- 
 
 sion now existing or hereafter created in the state or any political subdivision thereof, 
 furnish any data or iijformation to such official, board or commission and shall aid or assist 
 any such officer, board or commission in performing the duties of his or its office, and all 
 ^ 603 officers, boards or commissions now existing or hereafter created in the state or any politi- 
 cal subdivision thereof, shall furnish to commission, upon request, any data or information 
 which will assist such commission in the discharge of the duties imposed upon it by this 
 act. Laws 1911, no. 325, sec. 81. 
 
NEW HAMPSHIRE Commission may confer by correspondence or 
 otherwise with the public service commission or railroad commis- 
 
 608 sion of any other state and with the interstate commerce commis- 
 sion of the United States on any matters relating to railroads or 
 public utilities. Laws igii, ch. 164, sec. 2{n). 
 
 OHIO Commission may confer on any matters relat- 
 
 ing to railroads by correspondence or by attending conventions or 
 
 609 otherwise with the railroad commissioners of other states and 
 with the interstate commerce commission. Code igio, sec. 500. 
 
 OREGON Commission may confer by correspondence, 
 
 or by attending conventions, or o.therwise, with the railroad 
 
 610 commissioners of other states, and with the interstate commerce 
 commission, on any matters relating to railroads. Gen. Laws 
 iQoy, ch. 5j, sec. 10. 
 
 TENNESSEE Commission shall, by correspondence, con- 
 
 ventions or otherwise, confer with the railroad commissioners of 
 other states and the interstate commerce commission, and from 
 such persons from states which have no railroad commission, as 
 the governor of such states may appoint for the purpose of agree- 
 ing, if practicable, upon a draft of statutes to be submitted to the 
 
 611 legislature of each state, which shall secure uniform control of 
 railroad transportation in the several states, and from one state 
 into or through another state, as will best subserve the interest 
 of trade and commerce of the whole country, and said commission 
 shall include in their annual report to the governor an abstract 
 of the proceedings of any such conference or convention. Acts 
 i8gy, ch. 10, sec. 2g. 
 
 WISCONSIN Commission may confer by correspondence or 
 
 by attending conventions or otherwise with the railroad commis- 
 
 612 sioners of other states and with the interstate commerce commis- 
 sion on any matters relating to railroads. Laws 1905, ch. ^62, 
 sec. lygy-iim). 
 
 172 
 
CHAPTER III 
 
 Basis of Rate Making 
 
 SCOPE NOTE 
 
 This chapter includes provisions prescribing that rates 
 must he reasonable and indicating the various elements to 
 be considered and the various devices that may be adopted 
 by utilities and commissions in the establishment of rea- 
 sonable rates. Provisions on valuation are here included 
 because it is believed that the most important purpose of 
 ascertaining the value of utility property is as a guide to 
 rate making. For provisions authorizing commissions to 
 regulate or prescribe rates, see ch. iv, on establishment 
 and change of rates. For provisions requiring publicity 
 in the establishment and change of rates, see ch. v, on 
 publicity of rates. For provisions regulating rate making 
 in practice, see ch. vi, on discrimination in rates and 
 service. For provisions prescribing general procedure to 
 be followed in the exercise of commission authority, see 
 ch. xiv, on commission procedure and practice. For pro- 
 visions prescribing general rules of enforcement and 
 judicial review, see ch. xv, on enforcement. For general 
 statement of scope and method, see introduction. 
 
 ANALYSIS 
 
 PAGE 
 
 A. General requirements as to reasonableness of rates 1 74 
 
 B. Elements to be considered as a basis for reasonable rates. 185 
 
 C. Valuation of the property of utilities 190 
 
 D. Sliding scale, profit sharing, automatic adjustment, minimum charge 
 
 and graduated charges. .,...,.,.. 208 
 
 173 
 
A. GENERAL REQUIREMENTS AS TO 
 REASONABLENESS OF RATES 
 
 UNITED STATES All charges made for any service rendered or 
 to be rendered in the transportation of passengers or property 
 and for the transmission of messages by telegraph, telephone, or 
 cable, or in connection therewith, shall be just and reasonable; 
 and every unjust and unreasonable charge for such service or 
 
 613 any part thereof is prohibited and declared to be unlawful; pro- 
 vided, that messages by telegraph, telephone or cable may be 
 classified into day, night, repeated, unrepeated, commercial, 
 press, government and such other classes as are just and reason- 
 able and different rates may be charged for the different classes 
 of messages. Act to Regulate Commerce, sec. i. 
 
 ALABAMA Whenever passengers or property are trans- 
 
 ported over two or more connecting lines of railroad and the 
 railroad companies have made joint rates for the transportation 
 of the same such rates and all charges in connection therewith 
 shall be just and reasonable and every unjust and imreason- 
 
 614 able charge is prohibited and is imlawful; provided, that a 
 less charge by each of said railroads for its proportion of such 
 joint rates than is made locally between the same points on 
 their respective lines shall not for that reason be a violation of 
 this article, nor render such railroads or common carriers liable to 
 any of the penalties tjiereof. Code igoy, sec. 5533. 
 
 Charges made for any service rendered or to be rendered 
 in the transportation of passengers or property or for any 
 616 service in connection therewith or for the receiving, switch- 
 ing, delivering, storing or handling of such property, shall be 
 reasonable and just. Same, sec. 5650. 
 
 Any person or corporation operating a railroad who com- 
 
 616 mits extortion in transportation charges must, on conviction, be 
 fined not less than $10 nor more than $500. Same, sec. 7688. 
 
 ARIZONA All charges made, demanded or received by 
 
 any public service corporation or by any two or more public 
 service corporations for any product or commodity furnished 
 
 617 or to be furnished or any service rendered or to be rendered shall 
 be just and reasonable. Every imjust or unreasonable charge 
 made, demanded or received for such product or commodity or 
 
 174 
 
service is prohibited and declared unlawful. Sess. Laws igiz, 
 ch. go, sec. 13(a). 
 
 All rules and regulations made by a public service corpo- 
 
 618 ration affecting or pertaining to its charges or service to the 
 public shall be just and reasonable. Same, sec. ijic). 
 
 CALIFORNIA Provisions for public utilities identical with 
 
 619 pars. 517, 518. Stats, igii, ist. ex. sess.y ch. 14, sees. 13(a), 13(c). 
 
 COLORADO All charges made for any service rendered or 
 
 to be rendered in the transportation of passengers or property 
 
 680 in connection therewith shall be just and reasonable, and every 
 unjust and tmreasonable charge for such service or any part 
 thereof is prohibited and declared to be imlawful. Laws igiOy 
 sp. sess., ch. 5, sec. 3. 
 
 FLORIDA If any railroad company or common carrier 
 
 shall charge, collect, demand or receive more than a fair or 
 reasonable rate of toll or compensation for the transportation 
 of passengers or freight of any description, or for the use and 
 
 621 transportation of any railroad car upon its tracks, or any of 
 the branches thereof, or upon any railroad which it has the 
 right, license or permission to use, operate or control, the same 
 upon conviction shall be dealt with as provided by law. Gen. 
 Stats. igo6, as amended, sec. 2888. 
 
 See also par. 24g. 
 
 GEORGIA For railroad corporations identical with Flor- 
 
 ida provision, except that "the same, upon conviction shall be 
 
 622 dealt with as provided by law" reads "the. same shall be 
 deemed guilty of extortion, and upon conviction shall be dealt 
 with as provided by law." Code igii, sec 2628. _ -. - 
 
 ILLINOIS A provision identical with par! 522. Revisal 
 
 623 igog, ch. 114, sec. 124. 
 
 Any such railroad corporation guilty of extortion or of 
 making any unjust discriminations . as to passenger or freight 
 rates or the rates for the use and transportation of railroad cars, 
 or in receiving, handling and delivering freights, shall upon 
 
 624 conviction be fined in any simi not less than $1,009 ...nor 'more 
 than $5,000 for the first offense; and for the second, offense not 
 
 ., less than $5,000 nor more than $10,000; and for the third 
 offense not less than $10,000 nor more than $20,000; and for 
 
 175 
 
every subsequent offense and conviction shall be liable to a fine 
 of $25,000; provided that in all cases either party shall have 
 the right of trial by jury. Same, sec. 12'/. 
 
 The fines hereinbefore provided for may be recovered in an 
 action of debt, in the name of the people of the state of Illinois, 
 and there may be several coimts joined in the same declaration 
 as to extortion and unjust discrimination, and as to passenger 
 and freight rates, and rates for the use and transportation of 
 railroad cars, and for receiving, handling or delivering freight. 
 If, upon the trial of any cause instituted imder this act, the 
 jury shall find for the people, they shall assess and return with 
 their verdict the amotmt of the fine to be imposed upon the 
 defendant, at any sum not less than $1,000 nor more than $5,000, 
 and the court shall render judgment accordingly; and if the 
 jury shall find for the people, and that the defendant had once 
 before been convicted of a violation of the provisions of this act, 
 they shall return such finding with their verdict, and shall assess 
 and retiun with their verdict the amount of the fine to be 
 imposed upon the defendant, at any simi not less than $5,000 
 nor more than $10,000 and the court shall render judgment 
 accordingly; and if the jury shall find for the people and that 
 the defendant has been twice before convicted of a violation of 
 the provisions of this act, with respect to extortion or unjust 
 discrimination, they shall retiun such finding with their verdict, 
 and shall assess and return with their verdict the amoimt of the 
 fine to be imposed upon the defendant, at any sum not less 
 than $10,000 nor more than $20,000; and in like manner, for 
 every subsequent offense and conviction, such defendant shall 
 be liable to a fine of $25,000: Provided, that in all cases under 
 the provisions of this act a preponderance of evidence in favor 
 of the people shall be sufficient to authorize a verdict and 
 judgment for the people. Same, sec. 128. 
 
 If any railroad corporation shall in violation of any of the 
 provisions of this act ask, demand, charge or receive of any 
 person or corporation any extortionate charge or charges for 
 the transportation of any passengers, goods, merchandise, or 
 property, or for receiving, handling or delivering freights, or 
 shall make any imjust discrimination against any person or 
 corporation in its charges therefor, the person or corporation 
 so offended against may, for each offense, recover of such rail- 
 road corporation, in any form of action, three times the amount 
 of d^nages sustained by the party aggrieved, together with the 
 
 176 
 
cost of the suit and a reasonable attomey*s fee to be fixed by 
 the court where the same is heard, on appeal or otherwise, and 
 taxed as a part of the cost of the case. Same, sec. i2g. 
 
 IOWA All charges made for any service rendered or 
 
 to be rendered in the transportation of passengers or property 
 or for the receiving, delivering, storage or handling of such 
 
 627 property shall be reasonable and just and every imjust and im- 
 reasonable charge for such service is prohibited and declared to 
 be unlawful. Code i8gj, sec. 212^. 
 
 If any railway corporation or carrier shall charge, collect, 
 demand or receive more than a fair and reasonable rate of toll 
 or compensation for the transportation of passengers or freight 
 of any description, or for the use and transportation of any 
 railway car upon its track or any of the branches thereof, or 
 upon any railroad which it has the right, license or permission 
 
 628 to use, operate or control, or shall make any unjust and unrea- 
 sonable charge prohibited by law, it shall be deemed guilty of 
 extortion, and be dealt with as provided by law, and if any 
 such railroad corporation or common carrier shall be found 
 guilty of any unjust discrimination, it shall upon conviction 
 thereof, be dealt with as provided by law. Same, sec. 2144. 
 
 Any railway company guilty of extortion, or of making any 
 imjust discrimination as to passenger or freight rates, or the 
 rates for the use and transportation of railway cars, or in receiv- 
 ing, handling or delivering freights, shall be fined in any sum 
 
 629 not less than $1,000 nor more than $5,000 for the first offense, 
 and for each subsequent offense not less than $5,000 nor more 
 than $10,000, such fine to be imposed in a criminal prosecution 
 by indictment, or to be recovered as a forfeitvu'e in a civil action 
 in the name of the state. Same, sees. 214'/, 2148.^ 
 
 Every imjust and unreasonable charge for the transporta- 
 tion of freight and cars over two or more railroads is prohibited 
 and every company making such unreasonable and unlawful 
 
 630 charges, or otherwise violating the provisions of this chapter, 
 shall be punished as provided for the making of unreasonable 
 charges for the transportation of freight and cars over a single 
 line of railroad by a single railway company. Same, sec. 2157. 
 
 1 When commission has reason to beUeve that any railway corporation or carrier sub- 
 ject to the provisions of this chapter has been gviilty of extortion or tinjust discrimination, 
 it shall immediately cause actions to be commenced and prosecuted agninst such rail'Wa.y 
 corporations or carrier, which may be brought in any county of the state through or into 
 which the hne of the corporation sued may extend, and it may on behalf of the state em- 
 ploy counsel to assist the attorney general in conducting such actions. No actions thus com- 
 menced shall be dismissed unless they and the attorney general consent thereto. The 
 coiirt in its discretion may give preference to such actions over all other business, except 
 criminal cases. Code 1897, sec. 2149. 
 
 177 
 
KANSAS No railroad company shall charge, demand or 
 
 receive from any person, company or corporation an imreason- 
 able price for the transportation of persons and property or for 
 
 631 the hauling or storing of freight or for the use of its cars or for 
 any privilege of its service afforded by it in the transaction of its 
 business as a railroad company. Gen. Stats, igop, sec. Jigg. 
 
 Every common carrier and public utility shall be required 
 to establish just and reasonable rates, joint rates, fares, tolls, 
 charges and exactions and to make just and reasonable rules, 
 classifications and regulations; and every unjust or imreason- 
 
 532 able, discriminatory or unduly preferential rule or regulation, 
 classification, rate, joint rate, fare, toll, or charge demanded, 
 exacted or received by a common carrier t)r a public utility is 
 prohibited and declared to be unlawful and void. Laws igii, 
 ch. 2j8, sec. 10. 
 
 KENTUCKY If any railroad corporation shall charge, col- 
 
 lect, or receive more than a just and reasonable rate of toll or 
 compensation for the transportation of passengers or freight or 
 
 533 for the use of any railroad car upon its tracks or upon any 
 track it has control of or the right to use, it shall be guilty of 
 extortion. CarrolVs Stats, igog, sec. 8i6. 
 
 Any railroad corporation guilty of extortion or unjust dis- 
 crimination, or of giving to any person or locality or to any 
 description of traffic, an imdue or imreasonable preference or 
 
 634 advantage shall upon conviction be fined for the first offense in 
 any sum not less than $500 nor more than $1,000; and upon a 
 second conviction, in any sum not less than $500 nor more than 
 $2,000; and upon a third conviction, in any simi not less than 
 $2,000 nor more than $5,000. Same, sec. 8ig. 
 
 Railroad corporations shall also be liable in damages to the 
 
 535 party aggrieved to the amoimt of damages sustained, together 
 with the cost of suit and reasonable attorney's fees, to be fixed 
 by the court. Same. 
 
 Indictments shall be made only upon the recommendation 
 "or request of commission filed in the court having jurisdiction 
 
 686 of the offense; and all prosecutions and actions shall be com- 
 menced within two years after the offense shall have been com- 
 mitted or the cause of action shall have accrued. Same., 
 
 MARYLAND All charges made or demanded by any common 
 
 .: carrier for the transportation of passengers, freight or property 
 
 or for any service rendered or to be rendered in connection 
 
 178 
 
therewith shall be just and reasonable and not more than allowed 
 537 by law or by order of commission conformably with the law. 
 Every unjust or tinreasonable charge made or demanded for any 
 such service or transportation of passengers, freight or property 
 or in connection therewith or in excess of that allowed by law or 
 by order of commission conformably with the law is unlawful and 
 prohibited. Laws igio, ch. i8o, sec. ij. 
 
 All charges made or demanded by any gas or electrical 
 corporation for gas, electricity or any service rendered or to be 
 rendered shall be just and reasonable and not more than al- 
 688 lowed by law or by order of commission. Every unjust or un- 
 reasonable charge made or demanded for gas, electricity or any 
 such service or in connection therewith or in excess of that 
 allowed by law or by the order of commission is prohibited. 
 Same, sec. 31^. 
 
 All rates, tolls, and charges used, made or demanded by 
 
 any telegraph or telephone company for any telegraphic or 
 
 S89 telephonic commimication or service shall be just and reasonable 
 
 and not more than allowed by law or by order of commission and 
 
 made as authorized by law. Same, sec. 40. 
 
 MICHIGAN All charges made for any service in connection 
 
 with the transportation of passengers and property or for the 
 receiving, switching, delivering, storing, transporting or hand- 
 
 540 ling of persons or property shall be reasonable and just and 
 every unjust and imreasonable charge for such service is pro- 
 hibited and declared to be unlawful. Fub. Acts igog, no. joo, 
 sec. 4 (a). 
 
 541 Also a provision identical with par. 514. Same, sec. 4(c). 
 All charges made for any service rendered, furnished or 
 
 performed or to be rendered, fiunished or performed by any 
 642 telephone company shall be reasonable and just and every imjust 
 and tmreasonable charge for such service is prohibited and de- 
 clared to be unlawful. Pub. Acts igii, no. ij8, sec. j. 
 
 MINNESOTA All charges made by any carrier for the trans- 
 
 portation of passengers or property whether over one or more 
 railroads or in connection therewith or for the receiving, de- 
 
 648 livering, storage or handling of such property shall be equal and 
 reasonable and every imequal or tmreasonable charge for such 
 service is prohibited. Rev. Laws igo^, sec. 2007. 
 
 MISSOURI All charges made for any service rendered in 
 
 644 the transportation of freight on railways including the receiving, 
 
 179 
 
delivering, storing and handling of such property shall be 
 reasonable and just and all unreasonable and unjust charges for 
 such service are prohibited and declared unlawful. Rev. Stats. 
 iQOQ, sec. jiyg. 
 
 Rates established and published by common carriers shall 
 545 be reasonable and just and shall not in any case exceed the 
 maximum rates which are or may hereafter be established by 
 law. Same, sec. jiSy. 
 
 NEVADA Charges made for any service rendered or to 
 
 be rendered in the transportation of passengers or property or for 
 any service in connection therewith or for the receiving, switch- 
 
 646 ing, delivering, storing or handling of such property shall be 
 reasonable and just and every imjust and unreasonable charge 
 for such service is prohibited and declared to be unlawful. Stats, 
 igoy, ch. 44, sec. 3. 
 
 547 Also a provision identical with par. 514. Same, sec. 5. 
 Charges by any public utility for any heat, light, water or 
 
 power produced, transmitted, delivered or furnished or for any 
 
 548 service to be rendered as or in connection with any public utility 
 shall be reasonable and just and every imjust and unreasonable 
 charge is prohibited and declared imlawful. Stats, igii, ch. 162, 
 sec. 5. 
 
 NEW HAMPSHIRE All charges made or demanded by any rail- 
 road corporation for the transportation of passengers or prop- 
 erty or for any service rendered or to be rendered in connection 
 therewith and all charges made and demanded by any public util- 
 ity for the transmission of telephone or telegraph messages or for 
 
 549 gas, electricity or water or any service rendered or to be rendered 
 in connection therewith shall be just and reasonable and not 
 more than is allowed by law or by order of commission. Every 
 charge that is imjust or imreasonable or in excess of that al- 
 lowed by law or by order of commission is prohibited. Laws 
 ipii, ch. 164, sec. 4. 
 
 NEW JERSEY No public utility shall make, impose or exact 
 
 any unjust or imreasonable, unjustly discriminatory or unduly 
 preferential, individual or joint rate, commutation rate, mileage 
 and other special rate, toll, fare, charge or schedule for any 
 
 6B0 product or service supplied or rendered by it or adopt or impose 
 any unjust or unreasonable classification in the making or as 
 the basis of any individual or joint rate ox toll, fare, charge or 
 
 180 
 
I 
 
 I 
 
 schedule for any product or service rendered by it. Laws igii, 
 ch. igs, sees. i8 (a), i8 (b). 
 
 NEW YORK All charges made or demanded by any common 
 
 carrier for the transportation of passengers or property or for 
 any service rendered or to be rendered in connection therewith, 
 shall be just and reasonable and not more than allowed by law 
 
 661 or by order of commission and made as authorized by law. 
 Every unjust or unreasonable charge made or demanded for any 
 such service or transportation of passengers or property or in 
 connection therewith or in excess of that allowed by law or by 
 order of commission is prohibited. Laws igio, ch. 480, sec. 26. 
 
 All charges made or demanded by any gas or electrical cor- 
 poration for gas, electricity or any service rendered or to be 
 rendered shall be just and reasonable and not more than al- 
 
 662 lowed by law or by order of commission. Every imjust or un- 
 reasonable charge made or demanded for gas, electricity or any 
 such service or in connection therewith or in excess of that al- 
 lowed by law or by order of commission is prohibited. Same, 
 sec. 65. 
 
 All charges made or demanded by any telegraph or tele- 
 phone corporation for any service rendered or to be rendered in 
 connection therewith shall be just and reasonable and not more 
 
 663 than allowed by law or by order of commission. Every unjust 
 or unreasonable charge made or demanded for any such service 
 or in connection therewith or in excess of that allowed by law or 
 by order of commission is prohibited and declared to be unlawful. 
 Same, sec. gi. 
 
 NORTH CAROLH^A If any raihroad shall charge, collect, demand 
 or receive more than a fair and reasonable rate of toll or com- 
 pensation for the transportation of passengers or freight of any 
 description, or for the use and transportation of any railroad car 
 
 664 upon the track or any of the branches thereof or upon any 
 railroad which it has the right, license or permission to use, 
 operate or control, it shall be deemed guilty of a misdemeanor, 
 and upon conviction shall be fined not less than $500 nor more 
 than $5,000. PelVs Revisal igo8, sec. 3768. 
 
 NORTH DAKOTA Provisions for railroads and common carriers 
 666 substantially identical with pars. 527, 528, 529. Rev. Codes igoj, 
 sees. 4327, 4368, 4371, 4372. 
 
 Any railroad, railroad corporation or common carrier, which 
 MS shall violate any of the provisions of this article, as to extortion 
 
 181 
 
or unjust discrimination, shall forfeit for every such offense to 
 the person, company or corporation aggrieved thereby, three 
 times the actual damages sustained or overcharges paid by said 
 party aggrieved, together with the cost of suit and a reasonable 
 attorney's fee to be fixed by the court, and if an appeal be taken 
 from the judgment or any part thereof, it shall be the duty of 
 the appellate court to include in the judgment an additional 
 reasonable attorney's fee for service in the appellate coiut or 
 courts, or the same may be recovered in a civil action therefor. 
 Same, sec. 4328. 
 
 Whenever commission has good reason to believe that any 
 railroad, railroad corporation or common carrier has been guilty 
 of extortion or unjust discrimination, and thereby become liable 
 to the penalties prescribed in sections 4371 and 4372, it shall 
 immediately cause suits to be commenced and prosecuted against 
 
 667 any such railroad, railroad corporation or common carrier. Such 
 suits and prosecutions may be instituted in any coimty of the 
 state through or into which the line of the railroad corporation 
 sued for violation of this article may extend. And the cotirt may 
 in its discretion give preference to such suits over all other busi- 
 ness except criminal cases. Same, sec. 4373. 
 
 OHIO A provision identical with par. 546. Code 
 
 658 igio, sec. 504. 
 
 669 Also a provision for public utilities identical with par. 
 
 553. Laws igii, no. 325, sec. 15. 
 
 OREGON Every railroad shall be entitled to collect and 
 
 receive a just compensation for transportation of persons or prop- 
 
 660 erty over its road, or such stun for such transportation as shall 
 be prescribed by the legislative assembly. Gen. Laws 1862, 
 p. 668, sec. 36. 
 
 Charges made for any service rendered or to be rendered 
 in the transportation of passengers or property or for any 
 service in connection therewith or for the receiving, switch- 
 ing, delivering, storing, elevation and transfer in transit, ven- 
 
 661 tilation, refrigeration, or icing or handling of such property 
 or for union depot or terminal facilities shall be reasonable 
 and just and every imjust and imreasonable chargie for such serv- 
 ice is prohibited and declared to be imlawful. Gen. Laws igoy, 
 ch. 53, sec. 12. 
 
 662 Also a provision identical with par. 514. Same, sec. 18. 
 Charges made by any public utility for any heat, light, 
 
 668 water or power produced, transmitted, delivered or furnished 
 
 182 
 
I 
 
 or for any telegraph or telephone message conveyed or for any 
 transportation of persons or property by street railroad or for 
 any service rendered or to be rendered in connection therewith 
 shall be reasonable and just and every unjust or imreasonable 
 charge for such service is prohibited and declared to be unlawful. 
 Gen. Laws igii, ch. zyg, sec. j. 
 
 RHODE ISLAND The rate, toll or charge, or any joint rate, 
 made, exacted, demanded, or collected by any public utility for 
 the conveyance or transportation of any persons or property 
 between points within the state or for any heat, light, water or 
 power produced, transmitted, delivered or furnished or for any 
 telephone or telegraph message conveyed, or for any service ren- 
 dered or to be rendered in connection therewith shall be reason- 
 able and just and every imjust or unreasonable charge for such 
 service is prohibited and declared unlawful. Acts igi2, ch. jg$, 
 sec. j8. 
 
 SOUTH CAROLINA Identical with par. 522, except that "shall be 
 dealt with as provided by law" reads "shall be fined in a sum 
 
 566 not less than $100 nor more than $1,000." Gen. Stats. igo2, 
 sec. 2o8j, 
 
 SOUTH DAKOTA Charges for storage and handling of grain by 
 666 warehouses shall in all cases be equal and just. Rev. Pol. Code 
 igoj, sec. 4g8. 
 
 Also provisions for railroad and express companies and 
 
 567 telephone utilities substantially identical with pars. 527, 528, 
 529. Sess. Laws igii, ch. 20J, sees. 6, 25, 2g, jo. 
 
 Whenever commission has good reason to beHeve that any 
 common carrier has been guilty of extortion or imjust discrim- 
 ination and thereby become liable to the penalties prescribed in 
 sections 29 and 30, it shall immediately cause suits to be com- 
 menced and prosecuted against any such common carrier. Such 
 
 668 suits and prosecutions may be instituted in any cotinty of the 
 state, through or into which the line or lines of the common 
 carrier sued for violation of this article may extend. No such 
 siiits commenced by commission shall be dismissed unless 
 commission shall consent thereto and the court may in its 
 discretion give preference to such suits over all other business. 
 Same, sec. 31. 
 
 Every imjust and unreasonable charge for the transpor- 
 tation of freight, cars, express and telephone messages over two 
 
 569 or more common carriers is prohibited and declared to be 
 
 183 
 
unlawfiil, and every person or company violating the provisions 
 of this section shall be subject to the penalties prescribed in sec- 
 tion 12 of this act. Same, sec. 41. 
 
 TENNESSEE If any railroad corporation shall charge, col- 
 
 lect or receive more than a just and reasonable rate of toll or 
 compensation for the transportation of passengers or freight or 
 
 670 for the use of any railroad car upon its track or upon any track 
 it has control of or the right to use it shall be deemed guilty of 
 extortion which is hereby prohibited and declared unlawful. 
 Acts i8gy, ch. 10, sec. 16. 
 
 VERMONT Charges made by any utility company for 
 
 671 any product or service shall be reasonable and without discrim- 
 ination. Laws igo8, no. 116, sec. 11. 
 
 WASHINGTON All charges made by any public warehouseman 
 
 678 for the handling or storage of grain and hay shall be just, fair 
 
 and reasonable. Laws igii, ch. p, sec. 10. 
 
 All charges made for any service rendered or to be rendered 
 
 in the transportation of persons or property or in connection 
 
 673 therewith by any common carrier or by any two or more common 
 carriers shall be just, fair, reasonable and sufficient. Laws igii, 
 ch. iiy, sec. g. 
 
 All charges made, demanded or received by any gas, elec- 
 trical or water company for gas, electricity or water or for any 
 
 674 service rendered or to be rendered in connection therewith 
 shall be just, fair, reasonable and sufficient. Same, sec. 26. 
 
 All rates, tolls, contracts and charges, rules and regulations 
 of telephone and telegraph companies for messages, conversa- 
 tions, services rendered and equipment and facilities supplied 
 
 676 whether such message, conversation or service to be performed 
 be over one company or line, or by two or more companies or 
 lines, shall be fair, just, reasonable and sufficient. Same, sec. 35. 
 
 All charges made for any service rendered or to be rendered 
 in the receipt, storage or handling of property or in connection 
 876 therewith by any wharfinger or warehouseman shall be just, fair, 
 reasonable and sufficient. Same, sec. 46. 
 
 WISCONSIN Provisions identical with pars. 546, 514. 
 
 677 Laws igoj, ch. J62, sec. lygy-j, lygy-j- 
 
 Charges made by any public utility for any heat, light, 
 water or power produced, transmitted, delivered or furnished 
 
 678 or for any telephone message conveyed or for any service ren- 
 
 184 
 
dered or to be rendered in connection therewith shall be reason- 
 able and just, and every unjust or unreasonable charge for such 
 service is prohibited and declared unlawful. Laws igoj, ch. 4gg, 
 sec. lygjm-^. 
 
 ;. ELEMENTS TO BE CONSIDERED AS A 
 BASIS FOR REASONABLE RATES 
 
 IARKANSAS Commission in fixing or changing rates shall 
 
 take into consideration the character and nature of the service 
 
 rj79 to be performed, the entire earnings of any railroad or express 
 company, the expenses of operating the same, the income and 
 value thereof. Kirby^s Digest igo4, sec. 6802. 
 
 FLORIDA See par. yjg. 
 
 GEORGIA Commission may vary storage charges ac- 
 
 cording to the value and character of the freight stored, the 
 
 B80 nature of the place of destination and residence of consignee 
 and such other facts as in its judgment should be considered in 
 fixing the same. Code igii, sec. 264g. 
 See also par. ^86, 
 
 IOWA In the making of joint through railway rates 
 
 and changing, revising or adding to the same, commission shall 
 take into consideration among other things the rates estab- 
 lished for shipment within the state for like distances over single 
 
 »si lines, the rates charged by the railway companies operating such 
 connecting lines for joint interstate shipments, and the increased 
 cost, if any, of a joint through shipment as compared with a 
 shipment over a single line for like distances. Code i8gy, sec. 
 
 2155- 
 
 See also par. gio. 
 
 KANSAS Determination by commission as to what is a 
 
 682 reasonable charge shall be according to the classification then 
 existing. Gen. Stats, igog, sec. Jig6. 
 
 Commission shall ascertain the reasonable value of all prop- 
 erty of any common carrier or public utility used or required to 
 be used in its services to the public whenever it deems the ascer- 
 
 683 tainment of such value necessary in order to enable commission 
 to fix fair and reasonable rates, joint rates, tolls and charges. 
 Laws igii, ch. 238, sec. 28. 
 
 185 
 
MARYLAND Commission may in determining the price to 
 
 684 be charged for gas or electricity consider all facts which in its 
 
 judgment have any bearing upon a proper determination of the 
 
 question, although not set forth in the complaint and not within 
 
 the allegations. Laws igio, ch. i8o, sec. ^7- 
 
 MASSACHUSETTS Railroad commission in fixing or changing 
 rates of carriers shall give due regard among other things to a 
 
 686 reasonable return upon the value of the carrier's property. Acts 
 iQiij ch. y^^, sec. i. 
 See also par. gj2. 
 
 MICHIGAN In determining the maximum price commis- 
 
 sion shall consider and give due weight to all lawful elements 
 proper to be considered to enable it to determine the just and 
 reasonable price to be fixed for supplying electricity in such 
 
 686 mimicipality, including cost, reasonable rettu-n on actual value 
 of all property used in the service, depreciation, obsolescence, 
 risks of business, value of service to the consumer, the connected 
 load, the hours of the day when used and the quantity used each 
 month. Pub. Acts igog, no. io6, sec. 7. 
 
 MISSISSIPPI In revising, fixing and regulating charges for 
 
 transportation commission shall take into consideration the 
 character and nature of the service to be rendered and the entire 
 
 687 business of the railroad or other common carrier and its earnings 
 frorn all kinds of traffic and shall so revise, fix and regulate the 
 charges as to allow reasonable compensation for the services to 
 be rendered. Code igo6, sec. 4842. 
 
 NEBRASKA If the railway company or common carrier 
 
 making complaint or the railway company complained of by the 
 person or persons named by law operate a line of railroad beyond 
 the state or has a traffic arrangement with any other railroad 
 
 688 company the same shall be taken into consideration in deter- 
 mining what is a reasonable rate; if it be operating a line of 
 railroad beyond the state the rate charged or established for 
 substantially the same or greater service by it in another state 
 may also be considered. Cobbey's Annot. Stats, igog, sec. 
 10653Q)). 
 
 In making and in changing or revising joint rates for rail- 
 way companies and common carriers commission shall take into 
 consideration the average rates charged by such companies and 
 
 689 carriers for shipments within the state for like distances over 
 
 186 
 
their respective lines and rates charged by such companies or 
 carriers operating such connecting lines for joint interstate ship- 
 ments for like distances. Same, sec. 10660. 
 See also pars. gy4, 11 39. 
 
 NEVADA See par. 830. 
 
 NEW MEXICO Commission in fixing rates of telephone and 
 
 telegraph companies shall give due consideration to the earnings, 
 
 690 investment and expenditures as a whole within the state. Const, 
 art. xi.y sec. j. 
 
 NEW YORK In determining rates of common carriers, rail- 
 
 road and street railroad corporations, commission shall give due 
 regard among other things to a reasonable average return upon 
 the value of the property actually used in the public service and 
 to the necessity of making reservation out of income for siurplus 
 and'contingencies. . . . Commission shall give due regard among 
 other things to a reasonable average return upon the value of 
 
 591 the property actually used in the public service and to the 
 necessity of making reservation out of income for surplus and 
 contingencies in determining the just and reasonable rates, 
 fares and charges to be thereafter observed and enforced as the 
 maximum to be charged for mileage, excursion, school or family 
 commutation, commutation, half fare or any other form of re- 
 duced rate tickets for the transportation of persons or joint 
 interchangeable mileage tickets with special privileges. Laws 
 1 9 10 J ch. 480, sec. 4g{i). 
 
 In determining the price to be charged for gas or electricity 
 commission may consider all facts which in its judgment have 
 any bearing upon a proper determination of the question, al- 
 though not set forth in the complaint and not within the alle- 
 gations contained therein, with due regard among other things 
 to a reasonable average return upon capital actually expended 
 and to the necessity of making reservations out of income for 
 surplus and contingencies. Same, sec. 72. 
 
 Commission shall give due regard among other things to a 
 reasonable average return upon the value of the property actually 
 used in the public service and of the necessity of making reserva- 
 
 i»93 tion out of income for surplus and contingencies in determining 
 the just and reasonable rates, charges and rentals to be observed 
 and in force as the maximimi to be charged, demanded, exacted 
 or collected for the performance or rendering of services by 
 telegraph and telephone corporations. Same, sec. 97 {i)- 
 
 187 
 
NORTH CAROLINA In fixing any maximum rate or charge or 
 tariff of rates or charges for any common carrier, person or cor- 
 poration commission shall take into consideration if proved, or 
 may reqiiire proof of, the value of the property of such carrier, 
 person or corporation used for the public, in the consideration 
 
 894 of such rate or charge, or the fair value of the service rendered 
 in determining the value of the property so being used for the 
 convenience of the public. It shall furthermore consider the 
 original cost of the construction thereof and the amount ex- 
 pended in permanent improvements thereon and the present 
 compared with the original cost of construction of all its property 
 within the state, the probable earning capacity of such property 
 under the particular rates proposed and the sum required to 
 meet the operating expenses of such carrier, person or corpora- 
 tion, and all other facts that will enable it to determine what 
 are reasonable and just rates, charges and tariffs. PelVs Revisal 
 igo8, sec. 1104. 
 
 NORTH DAKOTA See par. 999. 
 
 OHIO Commission shall give due regard among 
 
 other things to the value of all of the property of the pubUc 
 utility actually used and useful for the convenience of the public, 
 excluding therefrom the value of any franchise or right to own, 
 operate, or enjoy the same in excess of the amount (exclusive of 
 any tax or annual charge) actually paid to any political sub- 
 division of the state or county as the consideration for the grant 
 
 695 of such franchise or right, and exclusive of any value added 
 thereto by reason of a monopoly or merger, and to the necessity 
 of making reservation out of the income for surplus, depreciation 
 and contingencies, and all such other matters as may be proper 
 according to the facts in each charge, toU, rental or service to 
 be rendered, charged, demanded, exacted or collected for the 
 performance or rendition of the service. Laws 1911, no. J25, 
 sec. 25. 
 
 In changing rates of public utilities fixed by ordinance com- 
 
 596 mission shall give due regard to all the elements enumerated in 
 the preceding paragraph (sec. 25). Same, sec. 48. 
 
 No rate, price, charge, toll or rental determined by com- 
 mission and substituted for that fixed by ordinance shall become 
 
 597 effective or valid until after commission shall have ascertained 
 and determined the valuation upon which such price, charge, 
 toll or rental is based. Same. 
 
 188 
 
OREGON Commission shall provide for depreciation in 
 
 698 fixing the rates, tolls and charges of utilities to be paid by the 
 public. Gen. Laws igii, ch. 2yg, sec. ly. 
 
 SOUTH CAROLINA Identical with par. 580. Gen. Stats. 1902, 
 
 699 sees. 1732, 20Q4. 
 
 SOUTH DAKOTA Upon all hearings commission shall receive 
 whatever evidence, statements or agreements either party may 
 offer or make pertinent to the matter imder investigation, and the 
 
 600 burden of proof shall be upon the common carrier or carriers 
 affected, but commission shall add to the showing made at such 
 hearing whatever information it may have, or can secure from 
 any source whatsoever, and the person or persons complaining 
 shall be entitled to introduce any published schedule of rates and 
 fares of any common carrier engaged in a similar branch of car- 
 riage or evidence of rates and fares actually charged by any 
 common carrier for substantially the same Idnd of service whether 
 in this state or any other state and the lowest rates and fares 
 published or charged by any railroad company for substantially 
 the same kind of service whether in this state or any other state 
 shall at the instance of the person or persons complaining be 
 accepted as prima facie evidence of a reasonable rate or fare for 
 the service under investigation, and if the common carrier com- 
 plained of is operating a line of transportation or transmission 
 beyond the state of South Dakota or if it appears that it has 
 traffic arrangements with any such common carrier then com- 
 mission in determining what is a reasonable rate or fare shall 
 take into consideration the charge made or rate established by 
 such common carrier or the carrier with which it has traffic 
 ' arrangements for carrying or transmitting freight, passengers, 
 express or messages by telephone from beyond the state to points 
 within the state and from within the state to points beyond the 
 state and if such carrier be operating a line of transportation or 
 transmission beyond the state commission shall take into con- 
 sideration the rates charged or established for a substantially 
 similar or greater service by such carrier in any other state in 
 which said common carrier operates a line of transportation. 
 Sess. Laws 1911, ch. 2oy, sec. 22, 
 
 eoi Also a provision for common carriers identical with par. 
 
 589. Same, sec. j6. 
 
 In establishing, changing or revising joint rates for railway 
 
 6oa companies commission shall take into consideration the average 
 
 189 
 
of rates charged by such companies operating said connecting 
 lines for joint interstate shipments for like distances. Same, 
 sec. 39. 
 
 See also pars. lojj, 1166, 1172, 1175. 
 
 TENNESSEE Commission shall take into consideration the 
 
 character and nature of the service to be performed and the en- 
 tire business of railroads, together with their earnings from 
 passenger and other traffic and any other facts and circumstances 
 which may affect the question of just and reasonable rates and 
 
 603 shall so revise such tariffs as to allow a fair and just compensa- 
 tion, having due regard to the rights and interests of both 
 shipper and carrier and in view of all the circimistances and con- 
 ditions existing at the time; and commission shall exercise a 
 careful and watchful supervision over every such tariff of charges 
 from time to time as justice to the public and each of said rail- 
 roads may require and increase or reduce any of said rates as 
 experience and business operations may show to be just. Acts 
 1^9^, ch. 10, sec. 22. 
 
 VERMONT ' ' ' Commission in determining rates shall inves- 
 
 604 tigate local conditions and its final findings and judgment shall 
 take cognizance" thereof . Laws 1908, no. 116, sec. 10. 
 
 See also par. 1039. ' 
 
 WISCONSIN Commission shall provide for depreciation in 
 
 605 fixing the rates, tolls and charges of utilities to be paid by the 
 public. Laws!i90'/y ch. 499, sec. i29ym-ij. 
 
 C. VALUATION OF THE PROPERTY OF 
 
 UTILITIES 
 
 ARIZONA Commission shall ascertain the fair value of 
 
 606 the property of every public service corporation. Const, art. ocv., 
 sec. 14. 
 
 Every public service corporation shall furnish t9 commission 
 
 607 all evidence in its possession and all assistance in its power re- 
 quested by commission in aid of the determination of the value 
 of the property of such public service corporation. Same. 
 
 Commission ijiay ascertain the value of the property of 
 
 608 every public service corporation and every fact which in its judg- 
 ment may or does have any bearing on such value. Sess. Laws 
 1 91 2, ch. 90, sec. 47. 
 
 190 
 
Commission may make revaluations from time to time and 
 
 609 ascertain all new constructions, extensions and additions to the 
 property of every public service corporation. Same. 
 
 For the purpose of ascertaining the matters and things 
 specified in section 47 of this act concerning the value of the 
 
 610 property of public service corporations commission may cause a 
 hearing or hearings to be held at such time or times and place 
 or places as commission may designate. Same, sec. 70. 
 
 Before any hearing is had commission shall give the public 
 
 service corporations affected thereby at least 30 days' written no- 
 
 . tice specifying the time and place of such hearing and such notice 
 
 shall be sufficient to authorize commission to inquire into the 
 
 611 matters designated in this section and section 47, but this pro- 
 vision shall not prevent comrnission from making any prelimi- 
 nary examination or investigation into the matters herein 
 referred to or from inquiring into such matters in any other 
 investigation or hearing. Same. 
 
 All public service corporations affected shall be entitled to 
 . . be heard and to introduce evidence at such hearing or hearings. 
 
 612 Commission is empowered to resort to any other spiirces of 
 information available. The evidence introduced at such hear- 
 ing shall be reduced to writing and certified under the seal of 
 commission. Same. • 
 
 Commission shall make and file its findings of fact" in writ- 
 ing upon all matters concerning which evidence shall have been 
 
 613 introduced before it which in its judgment have bearing on the 
 value of the property of the public service corporation affected. 
 Same. . 
 
 The findings of commission so made and filed, when properly 
 certified under the seal of commission shall be "admissible in 
 evidence in any action, proceeding or hearing before 'commission 
 or any court, in which commission, the state or any officer, de- 
 partment or institution thereof or any county, city and county, 
 municipality or other body politic and the public service cor- 
 poration affected may be interested whether arising under the 
 provisions of law or otherwise and such findings when so intro- 
 duced shall be conclusive evidence o£ the facts therein stated as 
 of the dates therein stated under conditions then existing, and 
 such facts can only be controverted by showing a subsequent 
 change in conditions bearing upon the facts therein djetermined. 
 Same. 
 
 Commission may from time to -time cause further hearings 
 and investigations to be had for the purpose of making, revalua- 
 
 191 
 
tions or ascertaining the value of any betterments, improvements, 
 additions or extensions made by any public service corporation 
 subsequent to any prior hearing or investigation, may examine 
 into all matters which may change, modify or affect any finding 
 of fact previously made and may at such time make findings of 
 fact supplementary to those theretofore made. Same. 
 
 Such hearings shall be had upon the same notice and be 
 conducted in the same manner and the findings so made shall 
 have the same force and efiect as is provided herein for sucji orig- 
 inal notice, hearing and findings; provided, that such findings 
 
 616 made at such supplementary hearings or investigations shall be 
 considered in connection with and as a part of the original 
 findings except in so far as such supplemental findings shall 
 change or modify the findings made at the original hearing or 
 investigation. Same. 
 
 ARKANSAS Commission shall ascertain as early as prac- 
 
 ticable the amoimt of money expended in the construction and 
 equipment per mile of every railroad in the state, the amount of 
 
 617 money expended to procure the right of way and the amoimt of 
 money it would require to reconstruct the roadbed, track, depots 
 and to replace all the physical properties belonging to the rail- 
 road. Kirhys Digest 1904, sec. 682J. 
 
 It shall also ascertain the amounts paid for salaries to the 
 
 618 officers of the railroad, the wages paid to employes and the op- 
 erating expenses of each and every railroad in the state, including 
 repairs and interest indebtedness. . Same. 
 
 When the information is obtained it shall be commimicated 
 to the attorney general by report and a duplicate of same filed 
 
 619 with the auditor for pubHc use and such information shall be 
 printed from time to time in the annual report of commission. 
 Same. 
 
 CALIFORNIA Provisions for public utilities identical with 
 
 620 pars. 608, 609, 610, 611. Stdts. igii, ist. ex. sess., ch. 14, sees. 
 
 Findings of commission relative to the value of the property 
 
 621 of public utilities shall be subject to review by the supreme 
 court in the same manner and within the same time as other 
 orders and decisions of commission. Same, sec. ^o. 
 
 FLORIDA Commission may employ a competent in- 
 
 spector to inspect the physical condition of the roadbed, rights 
 
 192 
 
of way, tracks, depot, rolling stock and other fixtures and equip- 
 628 ment of any railroad or railroads and to investigate and make 
 estimate on cost of reproducing the same. Laws igoy, ch. ^622, 
 sec. I. 
 
 Such inspector shall be paid such compensation as commis- 
 sion deems proper out of the funds available for the maintenance 
 
 623 of commission, and he shall report in writing the result of his 
 inspection, investigation and estimations to commission, at such 
 times and in such manner as it shall direct. Same. 
 
 GEORGIA Commission may ascertain the cost of con- 
 
 struction and the present value of properties owned by common 
 carriers, railroads, express, street railroad, gas, electric light, 
 
 624 power, telephone and telegraph companies, dock or wharfage 
 and terminal or terminal station companies and may employ 
 necessary experts. Code igiiy sec. 2664. 
 
 KANSAS Commission shall ascertain as early as prac- 
 
 ticable the amoimt of money expended in construction and 
 equipment per mile of every railway in the state, the amount 
 of money expended to procure the right of way, and the amount 
 685 of money it would require to reconstruct the roadbed, track, 
 depots and. transportation facilities, and to replace all of the 
 physical properties belonging to the railroads. Gen. Stats, igog, 
 sec. J2iy. 
 
 ■ 686 Commission may employ experts sworn to inspect and 
 
 assist it when needed. Same. 
 
 From time to time as the information is obtained, com- 
 mission shall commimicate the same to the attorney for 
 [ 687 commission and to the attorney general by report and said 
 information shall be printed from time to time in the report of 
 commission. Same. 
 
 Commission shall ascertain the reasonable value of all 
 property of any common carrier or public utiHty used or re- 
 quired to be used in its services to the public whenever it deems 
 
 688 the ascertainment of such value necessary in order to enable com- 
 mission to fix fair and reasonable rates, joint rates, tolls and 
 charges. Laws igii, ch. 2j8, sec. 28. 
 
 In making such valuations commission may avail itself of 
 
 689 any reports, records or other things available to it in the ofiice 
 of any national, state or mimicipal officer or board. Same. 
 
 MARYLAND Commission shall whenever it may deem it 
 
 desirable to do so investigate and ascertain the fair value of 
 
 193 
 
property of railroads, street railroads and carriers used by them 
 for the convenience of the public. Commission may employ 
 such engineers, experts and other assistants as may be necessary. 
 Such investigations shall be prosecuted with diligence and thor- 
 oughness and the results thereof reported to the legislature at 
 
 630 each regular session. Such valuation shall show the value of 
 the property of every such corporation as a whole and the value 
 of its property in each of the several counties and municipalities 
 within the state. Every such valuation shall be so made and 
 ascertained by commission that as far as possible it shall not dis- 
 turb the value of bonds of any of said corporations issued prior 
 to the passage of this act. Laws igio, ch. i8o, sec. jo. 
 
 Every railroad, street railroad and carrier shall furnish to 
 commission from time to time and as commission may require, 
 maps, profiles, contracts, reports of engineers and other docu- 
 ments, records and papers, or copies of any and all of the same, 
 in aid of investigation to determine the value of the property of 
 
 631 such corporation used for the public service and every such cor- 
 poration is required to co-operate with commission in the work 
 of the valuation of its property in such further particulars and 
 to such extent as commission may reasonably direct. Same. 
 
 Commission shall thereafter in like manner keep itself in- 
 formed of all extensions and improvements or other changes in 
 
 632 the condition of the property of the said corporations and ascer- 
 tain the fair value thereof and from time to time revise and cor- 
 rect its valuation of the property of such corporations. Same. 
 
 To enable commission to make changes and corrections in 
 its valuation every such corporation is required to report cur- 
 
 633 rently to commission and as commission may require all im- 
 provements and changes in its property and to file with com- 
 mission copies of all contracts for such improvements at the 
 time same are executed. Same. 
 
 Whenever commission shall have completed the valuation 
 of property of any such corporations and before such valuation 
 shall become final commission shall give notice to the company 
 or companies owning or operating such property stating the 
 valuation placed upon the several lines of roads or classes of 
 property of the said company used by it for the convenience of 
 the public and shall allow the company or companies a reasonable 
 time in which to file a protest of same with commission. If no 
 protest is filed within such time such valuation shall become 
 684 final. If notice of contest is filed by any such corporation com- 
 mission shall fix a time for hearing of the same and shall proceed 
 
 194 
 
as promptly as may be possible to hear and consider any matter 
 relative and material thereto which may be presented in support 
 of said protest. If after hearing any contest of such valuation 
 commission is of the opinion that the tentative valuation is in- 
 correct it shall make such changes as shall make the same a fair 
 valuation of such property and shall issue an order to make such 
 corrected valuation final. All final valuations by commission 
 shall be prima facie evidence of the value of said property in 
 proceedings had in pursuance of law. Same. ' 
 
 Commission shall have full and plenary power to value the 
 
 635 plant, property, appurtenances, assets and franchises of gas and 
 electrical corporations. Same, sec. 31^. 
 
 Commission shall have plenary power to make all valua- 
 
 636 tions of the lines, property, plant, franchises and assets of tele- 
 graph and telephone corporations. Same, sec. jq. 
 
 All provisions in reference to steam railroads, street rail- 
 roads, gas and electric corporations, common carriers and tele- 
 phone and telegraph companies with respect to the jurisdiction 
 
 637 powers and duties of commission over and in relation to the said 
 corporations and companies and with respect to the valuation 
 of property, plant and franchise are made applicable to water 
 companies, heat or refrigerating corporations and to power com- 
 panies or corporations. Same, sec. 42. 
 
 See also par. 2/\.j2. 
 
 MASSACHUSETTS See par. 2og. 
 
 MICHIGAN If any corporation or association except mu- 
 
 nicipal corporations or any lessee or trustee thereof or any person 
 or persons engaged in the business of transmitting telephone or 
 telegraph messages or producing or furnishing heat, light, water 
 or mechanical power directly or indirectly to the public or any 
 railroad, interurban railroad or other common carrier shall fail, 
 
 638 neglect or refuse to furnish any or all of the information required 
 by commission relative to an investigation as to the issuance of 
 stocks, bonds, notes or other evidences of indebtedness, or if 
 commission shall so direct, an appraisal of the property of the 
 
 . applicant shall be made by a disinterested person or persons ap- 
 pointed by commission, the entire expense thereof to be borne 
 by the applicant. Puh. Acts igii, no. 777, sec. i. 
 
 MINNESOTA Commission may at all times keep up the 
 
 639 physical valuation of the railroad properties of the state. Laws 
 igog, ch. 14J, sec. i. 
 
 195 
 
All railroad companies are required to furnish to conunission 
 on Jtily 31st of each year and at such other times as commission 
 may reqmre a detailed statement showing changes in the physical 
 
 640 conditions of its properties and the elements of cost entering 
 into such changes for both debits and credits of .such property 
 and the distribution of the debits and credits whether charged 
 to operating or capital account. Such statements shall be ftir- 
 nished in the manner and form prescribed by commission. Same. 
 
 Commission may examine all books, contracts, vouchers, 
 
 641 receipts and all other papers or documents that it may deem 
 necessary for the piurpose of said valuation. Same, sec. 2. 
 
 NEBRASKA. Commission shall ascertain forthwith the 
 
 642 physical value of each railroad^ and public service corporation. ^ 
 Acts igog, ch. 10^, sec. 5. 
 
 648 The physical value so ascertained shall be the physical 
 
 value of each of these properties on the first day of July of the 
 year in which such valuation is ascertained. Provided that 
 steam railroads shall first be valued, and thereafter other public 
 service corporations in such order shall be valued as shall be 
 determined by commission. Same. 
 
 The physical valuation in case of railroads shall include: 
 (a) The value of all real estate owned and used by the railroad 
 company in the operation of the railroad; (b) the value of all 
 grading required in the building of the railroad; (c) the value of 
 all bridges and viaducts which have been built by or the cost of 
 construction of which have been contributed to by any company, 
 culverts, buildings, water stations and all other structures which 
 are used by the railroad in conducting its business; (d) the value 
 of all track material, track tools, fences, stock pens, cattle 
 guards, grades for highway and farm crossings, track signs and 
 mile posts, and ballast on line, and the value of all interlocking 
 
 644 signals and all other signal apparatus installed; (e) the value of 
 all telegraph and telephone lines and apparatus owned and used 
 by the company; (f) the value of all stores and supplies on hand 
 based on the average amoimt carried by an active working 
 railroad; (g) the value of all rolling stock (in case of interstate 
 
 1 The term railroad shall mean and express all corporations, individuals, associations 
 of individuals, their lessees, trustees or receivers (appointed by any court or lawful author- 
 ity whatsoever) that now or may hereafter own, operate, manage or control any railroad 
 or part of a railroad as a common carrier or cars or other equipment used thereon, or 
 bridges, terminals or side tracks used in connection therewith, whether owned by such 
 railroad or otherwise. Acts 1900, ch. 107, sec. i. 
 
 « The term public service corporation shall mean and express every railroad, railway, 
 telepraph, express, telephone, and the rsdlroad transportation property of stockyard com- 
 panies. Same, sec. si. 
 
 196 
 
roads this shall be the proportion justly chargeable to the part 
 of the road lying within the state); (h) the value of all shops, 
 machinery, tools, side tracks, terminals and spurs; (i) the value 
 of all other articles or things belonging to and necessarily a part 
 of the road; (j) these provisions shall apply to each railroad sepa- 
 rately and the finding of commission shall show the total value 
 of each railroad, the number of miles of road and the average 
 value per nule of track. Same, sec. 4. 
 
 The basis to be used in arriving at such value shall be the 
 average market value or cost of labor and material for the year 
 ending Jiily first of the year in which such valuation is made and 
 the values spoken of in provisions (a) to (i) shall be the amount 
 of money f oim.d necessary to rebiiild the road complete as it now 
 
 645 stands the same as if no road existed upon its present site allow- 
 ing for a reasonable length of time for assembling the material 
 and doing the work necessary for bringing into existence such 
 railroad. The proper reductions shall be made for the wear and 
 shrinkage in value on account of age and wear of the material in 
 the railroad tmder consideration. Same. 
 
 The physical value of each telegraph, telephone, express, 
 and the railroad transportation property of stockyard com- 
 
 646 panics shall be foimd by commission. Said value shall be that 
 existing July first of the year in which such valuation is made. 
 Same, sec. 5. 
 
 To aid in arriving at such value commission shall furnish 
 schedules in blank covering all of the different classes of property 
 to be valued to each of such companies as are enimierated in pre- 
 ceding paragraph and shall require such companies to ftimish 
 reports, sworn to by their proper officers, on the schedules fur- 
 nished by commission of the actual physical valuation of the dif- 
 
 647 ferent classes of property used in conducting their business. 
 If the actual value cannot be given then the estimated value 
 based on the market value of labor and material necessary to 
 duplicate their plant from which they shall deduct the probable 
 shrinkage in value caused by age and use of material as it exists 
 on July first of the year in which such valuation is made. Same. 
 
 Commission may call on any railroad or public service cor- 
 
 648 poration for any information necessary in making a physical 
 valuation of its property. Same, sec. 6. 
 
 It shall be the duty of all railroad and public service com- 
 panies or corporations to furnish commission with such informa- 
 
 649 tion sworn to by their proper officers as commission shall require. 
 
 197 
 
The information shall be furnished in the manner and within the 
 time prescribed by commission. Same. 
 
 Commission may by and with the consent of the governor 
 employ such clerical and expert help as it shall need in ascer- 
 taining the physical valuation and in verifying the reports pro- 
 
 650 vided for, and all expense inciured shall be audited and paid for 
 out of any money appropriated for the expense of commission. 
 Same, sec. y. 
 
 If any railway company or public service corporation shall 
 refuse or fail to make any report or furnish any information 
 
 651 sworn to by its proper officers as required and in the time re- 
 quired by commission, it shall for every such failtire, violation or 
 refusal forfeit and pay into the state treasury a sum of not less 
 than $ioo nor more than $10,000. Same, sec. 8. 
 
 Commission shall include in its annual report made in 1909 
 a resume of the plan of procedtire adopted by commission and 
 note the progress being made in the work and shall include in its 
 
 652 annual report in 19 10 a report of all the work together with any 
 recommendation that it may be able to make for the use of the 
 governor or legislature. Said report shall include a statement of 
 the expense inciured in carr3dng out this work. It shaU in- 
 clude also the annual report of the railroad and public service 
 companies made August i, 1909. Same, sec. g. 
 
 Commission when it shall have found the valuation of any 
 property shall notify the company or owners of such property 
 of its finding and shall set a time not less than 30 nor more than 
 60 days from the date of notice that they may appear and show 
 
 663. cause why such valuation as found by commission should be 
 raised or lowered or amended or changed in any particular. 
 Commission may make such amendment or change if it deems 
 the evidence furnished sufficient to warrant it in doing so. Same, 
 sec. 10. 
 
 Commission shall include in its annual reports from year to 
 year such changes as it shall find necessary in order to keep the 
 true physical value of the different properties as they exist on 
 
 654 July I of each year, and it may employ such clerical and ex- 
 pert help as shall be necessary in making such annual revisions. 
 Same, sec. 11. 
 
 NEW JERSEY Commission may from time to time appraise 
 
 and value the property of any public utility whenever in the 
 
 656 judgment of commission it shall be necessary so to do and in 
 making such valuation commission may have access to and use 
 
 198 
 
any books, documents or records in the possession of any de- 
 partment or board of the state or any political subdivision 
 thereof. Laws igii, ch. ig^, sec. i6{b). 
 
 OHIO Commission may investigate and determine 
 
 the value of all the property including the value of its physical 
 property of every public utility actually used and useful for the 
 
 666 service and convenience of the public whenever it deems the 
 ascertainment of such value necessary/ Laws igii, no. 325, 
 sec. 26. 
 
 Before final determination of the value of the property of 
 
 667 any public utility commission shall after due notice to such 
 public utility hold a public hearing as to such valuation. Same, 
 sec. 27. 
 
 668 Commission may at any time upon its own motion make a 
 revaluation of such property. Same, sec. 28. 
 
 Commission shall keep informed of all new construction, ex- 
 
 659 tensions and additions to the property of public utilities. Same, 
 sec. 35. 
 
 Whoever, being a member of commission, shall wilfully over- 
 value the property of a public utility for the ptirpose of enabling 
 such public utility to exact a higher rate for service than could 
 
 660 lawfully be exacted or shall wilfully undervalue such property 
 for the purpose of preventing such public utility from charging 
 a lawful rate for such service shall be fined not to exceed $1,000 
 or be imprisoned not more than two years or both. Same, sec. 8j. 
 
 See also pars. 3188, 3446. 
 
 OKLAHOMA Commission shall ascertain and enter of record, 
 
 the same to be a public record, as early as practicable, the 
 amount of money expended in construction and equipment per 
 mile of every railroad and other public service corporation in 
 
 661 the state, the amount of money expended to procure the right 
 of way, and the amount of money it would require to recon- 
 struct the roadbed, track, depots and transportation facilities, 
 and to replace all the physical properties belonging to the rail- 
 road or other public service corporation. Const., art. ix., sec. 2g. 
 
 Commission shall also ascertain the outstanding bonds, 
 
 662 debentures and indebtedness, and the amount, respectively, 
 
 1 Such valuation may be made in fixing and determining the just and reasonable rate, 
 fare, charge, toll, rental or service to be thereafter rendered, charged, demanded, exacted 
 or collected by public utilities, in substituting rates of public utilities for those fixed by 
 ordinance and shall be made in the matter of consolidation, purchase, lease or contract by 
 which two or more telephone companies merge or operate their lines or plants jointly or 
 in connection with each other. All valuations so ascertained and demanded shall be open 
 at all times to public inspection. Laws iQii, no. 325, sees. 25, 48, 64. 
 
 199 
 
thereof, when issued, and the rate of interest, when due, for 
 what purpose issued, how used, to whom issued, to whom sold, 
 and the price in cash, property or labor, if any, received therefor, 
 what became of the proceeds, by whom the indebtedness is held, 
 the amotint purporting to be due thereon, the floating indebted- 
 ness of the company, to whom due, and his address, the credits 
 due on it, the property on hand belonging to the railroad com- 
 pany or other public service corporation, and the judicial or 
 oticver sales of said road, its property or franchises and the amounts 
 purporting to have been paid, and in what manner paid therefor. 
 Same. 
 
 Commission shall also ascertain the amounts paid for sal- 
 
 663 aries to the officers of the railroad or other public service cor- 
 poration, and the wages paid its employes. Same. 
 
 664 Commission may employ experts to assist it when needed. 
 Same. 
 
 From time to time as the information is obtained, com- 
 mission shall communicate the same to the attorney general by 
 
 665 report and file a duplicate thereof with the state examiner and 
 inspector for public use, and said information shall be printed 
 from time to time in the annual report of commission. Same. 
 
 OREGON Commission shall ascertain from time to time 
 
 as nearly as practicable the amount of money expended in the 
 
 666 construction and equipment of every railroad, the amount of 
 money expended to procure the right of way, also the amount of 
 money it would require to secure the right of way, reconstruct 
 the roadbed, track, depots and other facilities for transporta- 
 tion, and to replace all the physical properties belonging to the 
 railroad. Gen. Laws igoy, ch. 5j, sec. 46. 
 
 It shall ascertain the outstanding bonds, debentures and 
 indebtedness and the amounts respectively thereof, the date 
 when issued, to whom issued, to whom sold, the price paid in 
 cash, property or labor therefor, what disposition was made of 
 
 667 the proceeds, by whom the indebtedness is held, so far as ascer- 
 tainable, the amoimt purporting to be due thereon, the floating 
 indebtedness of the railroad, the credits due the railroad, other 
 property on hand belonging to it, the judicial or other sales of 
 said road, its property or franchises, and the amounts purporting 
 to have been paid therefor. Same. 
 
 Commission shall also ascertain the gross and net income of 
 the railroad from all sources in detail, the amount paid for 
 
 668 salaries to the officers of the road, the wages paid to its employes, 
 
 200 
 
and the maximum hoiirs of continuous service required of each 
 class. Same. 
 
 669 Whenever the information is obtained it shall be printed ill 
 the annual report of commission. Same. 
 
 670 In making such investigation commission may avail itself of 
 any information in possession of any state board or officer. Same. 
 
 Commission shall value all the property of every public 
 
 671 utility actually used and useful for the convenience of the public. 
 Gen. Laws iQii, ch. 2yg, sec. g. 
 
 In making such valuation commission may avail itself of 
 
 672 any information in possession of the board of state, tax com- 
 missioners or any other state officer or board. Same. 
 
 Before final determination of such value commission shall 
 after notice to the public utility hold a public hearing as to such 
 valuation in the manner prescribed for hearing complaints. 
 
 673 Commission shall within five days after such valuation is de- 
 termined serve a statement thereof upon the public utility in- 
 terested and shall file a like statement with the auditor, recorder 
 or clerk of every mtinicipality in which any part of the plant or 
 equipment of such public utility is located. Same, sec. lo. 
 
 Commission may at any time on its own initiative make a 
 
 674 revaluation of such property and may make a revaluation upon 
 the application of any public utility filed not less than six 
 months after the service of such statement. Same. 
 
 Commission shall keep itself informed of aU new construc- 
 1' 675 tion, extensions and additions to the property of such public 
 utilities. Same, sec. i8. 
 
 Whenever required by commission every public utility shall 
 deliver to commission any or all maps, profiles, contracts, re- 
 
 676 ports of engineers and all docimients, books, accounts, papers 
 and records or copies of any or all of the same, with a complete 
 inventory of all its property in such form as commission may 
 direct. Same, sec. 40. 
 
 PENNSYLVANIA Commission may whenever in its opinion the 
 public interests require in connection with any proposed increase 
 in the capital stock, bonds, or other fixed indebtedness of any 
 common carrier employ competent experts to investigate the 
 
 677 character, cost and valuation of the property of such common 
 carrier and the necessity for the proposed increase of capital or 
 indebtedness and shall report to the secretary of internal affairs 
 the result of such investigation for his consideration and action. 
 Laws igo'j, no. 250, sec. 17. 
 
 201 
 
SOUTH DAKOTA Commission shall ascertain and determine the 
 true cash value of all the property of every railroad company used 
 in the operation and maintenance of their respective railways; 
 and for the purpose of determining the true cash value of the 
 property of each company commission if deemed necessary may 
 view and inspect the property of such company and shall con- 
 
 678 sider the reports filed in compliance with law as now furnished 
 and the reports and the rettuns of the company filed in the office 
 of any officer of this state and such other evidence or information 
 as may have been taken or obtained bearing upon the true cash 
 value, of the property of such railroad company in case of rail- 
 road companies which own or operate railroads partly within 
 and partly without the state commission shall value only the 
 property within the state. Sess. Laws igoj, ch. 211, sec. i. 
 
 In determining such value the value of the entire system, 
 the mileage of the whole system and of the part within the state, 
 together with such information, facts and circimistances as will 
 enable commission to make substantially just and correct de- 
 
 679 termination may be considered. When the true cash value of 
 the property of a railroad company within the state shall have 
 been ascertained and determined the amount thereof shall be. 
 entered upon the books of commission kept for that purpose op- 
 posite the name of the company and shall be and constitute the 
 true cash value of the entire property of such railroad company 
 within the state. Same. 
 
 Commission shall commence such valuation on the first day 
 
 680 of July 1907 and continue until the same shall have been com- 
 pleted and valuation shall be completed as soon as practicable. 
 Same, sec. 2. 
 
 See also par. 2jo. 
 
 TEXAS Commission shall ascertain as early as practicable the 
 
 amount of money expended in construction and equipment per 
 mile of every railway in the state, the amoimt of money expended 
 
 681 to procure the right of way and the amount of money it would re- 
 quire to reconstruct the roadbed, track, depots and transporta- 
 tion, and to replace all the physical properties belonging to the 
 railroad. Sayles^ Civ. Stats. i8gy, art. 4570. 
 
 It shall also ascertain the outstanding bonds, debentures 
 and indebtedness and the amount respectively thereof, when 
 issued, and the rate of interest, to whom sold, and the price 
 in cash, property or labor, if any, received therefor, what became 
 of the proceeds, by whom the indebtedness is held, the amount 
 
 202 
 
682 purporting to be due thereon, the floating indebtedness of the 
 company, to whom due, and his address, the credits due on it, 
 the property on hand belonging to the railroad company, and 
 the judicial or other sales of the said road, its property or fran- 
 chises, and the amount purporting to have been paid, and in 
 what manner paid therefor. Same. 
 
 Commission shall also ascertain the amounts paid for sal- 
 ess aries to the officers of the railroad, and the wages paid its em- 
 ployes. Same. 
 
 684 Commission may employ sworn experts to inspect and assist 
 it when needed. Same. 
 
 From time to time as the information is obtained com- 
 mission shall communicate the same to the attorney general by 
 
 685 report and file a duplicate thereof mth the comptroller for public 
 use and said information shall be printed from time to time in the 
 annual report of commission. Same. 
 
 Commission shall ascertain and in writing report to the 
 
 686 secretary of state the value of each railroad in the state includ- 
 ing all its franchises, appurtenances and property. Same, art. 
 4584c. 
 
 After it shall have prepared said report of value commission 
 shall give the company interested ten days' notice in writing by 
 registered letter to the president, treasurer or receiver of said 
 railroad to the effect that said report is ready to be made, and 
 that if it have any objections thereto it must file them in writing 
 within 40 days after said service or the same ^vill be so deposited 
 with the secretary of state as correct. Should the company or 
 
 687 its duly authorized representative file with commission any ob- 
 jections to said report of value commission shall duly investigate 
 and pass on the same. On investigation if commission con- 
 clude that its report of value is too low or too high then it shall 
 make the necessary correction before filing it. Should no ob- 
 jection be filed within the time permitted or being filed and on 
 examination found without merit commission shall forthwith 
 file its said report in the office of the secretary of state where it 
 shall remain as a public record as a limitation for the issuance of 
 indebtedness under the limitations prescribed by law. Same. 
 
 To promote public interests and protect private rights com- 
 
 688 mission after due notice under the rule herein prescribed may 
 correct its report of value of any railroad at any time it may deem 
 proper. Same. 
 
 See also par. 3268. 
 
 203 
 
WASHINGTON Conunission shall ascertain as early as prac- 
 
 ticable the cost of construction and eqtdpment, the amount ex- 
 pended in permanent improvements, and the proportionate 
 amoimt of such permanent improvements charged in construc- 
 
 689 tion and to operating expenses, respectively, the present as 
 compared with the original cost of construction, and the cost of 
 reproducing in its present condition the property of every public 
 service company. Laws ipii, ch. iiy, sec. g2. 
 
 It shall ascertain the amotint and present market value of 
 
 690 the capital stock and fimded indebtedness of every public service 
 company. Same. 
 
 It shall also ascertain in the case of companies engaged in 
 
 691 interstate business the relative value of the use to which such 
 property within the state is actually put in the conduct of inter- 
 state business and state business respectively. Same. 
 
 It shall also ascertain the total market value of the property 
 
 692 of each public service company used for the public convenience 
 within the state. Same. 
 
 It shall also ascertain the time intervening between the ex- 
 
 693 penditure of money in the cost of construction and the time 
 when returns in the shape of dividends were first received by 
 each of these companies. Same. 
 
 It shall also ascertain the probable earning capacity of each 
 
 694 public service company under the rates now charged by such 
 companies and the sum required to meet fixed charges and 
 operating expenses, and in case of a company doing interstate 
 business it shall also ascertain the probable earning capacity of 
 such company upon intrastate business and the sum required to 
 meet fixed charges and operating expenses on intrastate busi- 
 ness, and the relative proportion of intrastate and interstate 
 business, the relative proportion of the operating expenses con- 
 nected therewith, the relative proportion of the revenue which 
 shoiild be derived therefrom. Same. 
 
 It shall also ascertain the density of traffic and of popula- 
 696 tion tributary to every public service company, and the con- 
 ditions which tend to show whether such traffic and population 
 is likely to continue, increase or diminish. Same. 
 
 It shall also ascertain the existence of grades, curvatures 
 696 and other physical conditions affecting the movement of traffic 
 and business of common carriers. Same. 
 
 It shall also ascertain whether the expenditures already 
 wi made by any public service company in procuring its property 
 
 204 
 
were such as were justified by the then existing conditions and 
 such as might reasonably be expected in the immediate future, 
 and whether the money expended by such company has been 
 reasonable for the present needs of the company, and for such 
 needs as may reasonably be expected in the immediate futiire. 
 Same. 
 
 Commission may cause a hearing or hearings to be held at 
 
 698 such time or times and place or places as commission may 
 designate for the ptupose of ascertaining the matters and things 
 provided for in these provisions. Same. 
 
 Commission shall before any hearing is had notify the com- 
 pany concerned of the time and place of such hearing, by giving 
 at least 30 days' written notice thereof, specifying that at the 
 
 699 time and place designated a hearing will be held for the piupose 
 of ascertaining the value of such company's property within the 
 state, which shall be a sufficient complaint to authorize com- 
 mission to inqtiire into the matters designated in these provisions. 
 Same. 
 
 All companies affected shall be entitled to be heard and 
 I 700 introduce evidence at such hearing. The evidence introduced 
 at such hearing shall be reduced to writing and certified under 
 the seal of commission. Same. 
 
 Commission shall make and render findings of fact in writ- 
 ing covering all matters in this law mentioned concerning which 
 
 701 it is directed to inquire into, and shall make findings upon all 
 matters concerning which evidence may have been introduced 
 before it shall tend to show the value of the property used by 
 such company for the public convenience. Same. 
 
 Any company affected by the findings or any of them be- 
 lieving such findings or any of them to be contrary to law or the 
 evidence introduced or that such findings are xmfair, unwar- 
 ranted or unjust may institute proceedings in the superior 
 court and have such findings reviewed and their correctness, 
 reasonableness and lawfulness inquired into and determined. 
 Such review shall be heard by the coiut without the interven- 
 tion of a jury and shall be heard upon the evidence and exhibits 
 taken before commission and certified to by it; and the cotirt 
 
 702 before which such hearing is had, in case it finds any such find- 
 ings so sought to be reviewed unjust, incorrect, unreasonable, 
 unlawftil or not supported by the evidence, shall make new and 
 correct findings to take the place of such as may not be sus- 
 tained imless such findings are set aside and reversed for error 
 
 205 
 
on the part of commission in rejecting evidence properly proffered, 
 in which case it shall remand said hearing to commission with 
 instructions to receive the evidence so proffered and rejected and 
 make findings of fact on the evidence so proffered and that 
 already received. Same. 
 
 Said public service company or commission shall have the 
 right to appeal from the decision of the superior court to the 
 supreme court as in civil cases. In case the supreme court finds 
 any findings so sought to be reviewed unjust, incorrect, imlawful 
 or unreasonable or not supported by the evidence it shall either 
 
 703 make and render proper findings or remand the case to the 
 superior coiurt with instructions to make proper findings on the 
 evidence already submitted unless the same is reversed for error 
 in rejecting evidence properly proffered, in which case the hear- 
 ing shall be remanded to commission with instructions to receive 
 the evidence so proffered and make findings on the evidence so 
 proffered and rejected and that already received. Same. 
 
 The findings of commission so filed or as the same may be 
 corrected by the courts when properly certified under the seal 
 of commission shall be admissible in evidence in any action, pro- 
 ceeding or hearing in which the state or any officer, department 
 
 704 or institution thereof, or any coimty, municipality or other body 
 politic and the public service company affected is interested, 
 whether arising imder the provisions of law or otherwise, and 
 such findings when so introduced shall be conclusive evidence of 
 the facts stated in such findings as of the date therein stated 
 under conditions then existing, and such facts can only be con- 
 troverted by showing a subsequent change in conditions bear- 
 ing upon the facts therein determined. Same. 
 
 When commission shall have valued the property of any 
 
 public service company as provided for by law nothing less than 
 
 706 the market value so found by commission shall be taken as the 
 
 true value of the property of such company used for the public 
 
 convenience for the purpose of assessment and taxation. Same. 
 
 Commission shall hereafter from time to time cause further 
 hearings to be had for the purpose of ascertaining the better- 
 ments, improvements, additions and extensions made by any 
 public service company to its property subsequent to the date 
 of any prior hearing, and shall examine into all traffic movement 
 and every matter and thing that would change, modify or affect 
 any finding of fact previously made and shall at such time make 
 706 findings of fact supplemental to those theretofore made, showing 
 
 2o6 
 
the amount expended in betterments, improvements, exten- 
 sions and additions since such prior findings and the cost of re- 
 producing the same, the value of the property used by such com- 
 pany at the time of such subsequent hearing, the relative value 
 of the use to which such property is put in the performance of 
 intrastate and interstate business respectively, and the value of 
 the property of such company in the state used for the public 
 convenience of intrastate business. Same. 
 
 Such hearing shall be had upon the same notice, the ex- 
 amination conducted in the same manner, and the findings so 
 made shall have the same force and effect as is provided herein 
 for such original notice, hearing and findings: Provided, That 
 
 707 such findings made at such supplemental hearing shall be con- 
 sidered in connection with and as a part of the original findings 
 except in so far as such supplemental findings shall change or. 
 modify the findings rq^de at the original hearing. Same. 
 
 WISCONSIN A provision identical with par. 666, except 
 
 that "commission shall ascertain from time to time" reads 
 ''commission shall ascertain"; one identical with par. 667, ex- 
 
 708 cept that "and the amounts purporting to have been paid 
 therefor" reads "and the amounts purporting to have been paid 
 and in what manner paid therefor"; and provisions identical 
 with pars. 668, 669. Laws 1905, ch. j62, sec. i'jgj~2o. 
 
 In making such investigation for valuation commission may 
 
 709 avail itself of any information in possession of the state board 
 of assessment. Same. 
 
 Commission shall value all the property of every public 
 
 710 utility actually used and useful for the convenience of the public. 
 Laws igoy, ch. 4gg, sec. ijgym-^. 
 
 711 In making such valuation commission may avail itself of any 
 information in possession of the state board of assessment. Same. 
 
 Before final determination of such value commission shall 
 after notice to public utility hold a public hearing as to such val- 
 
 712 uation in the manner prescribed for hearing in sections i797m-45 
 to i797m-55 inclusive, and the provisions of such sections so 
 far as applicable shall apply to such hearing. Same, sec. lygjm- 
 
 • 6{i). 
 
 Commission shall within five days after such valuation is 
 determined serve a statement thereof upon the public utility 
 
 713 interested and shall file a like statement with the clerk of every 
 municipality in which any part of the plant or equipment of 
 such public utility is located. Same, sec. Tygjm-6{2). 
 
 207 
 
714 Commission may at any time on its own initiative make a 
 
 revaluation of such property. Same, sec. I'jgjm-j. 
 
 716 Also provisions identical with pars. 675, 676. Same, sees. 
 
 I797m-i6, i797m-42{3). 
 
 Under the stock and bond law of 191 1 commission may make a valuation of all the 
 property of a public service corporation if it deem it pertinent to the inquiry or investiga- 
 tion relative to an issuance of stocks, certificates of stock, bonds, notes or ,other evidence 
 of indebtedness for money only. It shall determine the true valuation in detail of the 
 property, services or other consideration other than money for which it is proposed to issue 
 in whole or in part such stocks, certificates of stock, bonds, notes or other evidences of in- 
 debtedness. Reorganized corporations may issue stocks, certificates of stock and bonds 
 for the property of the predecessor corporations in an amount not to exceed the true value 
 
 716 of the property as found and determined by commission and stated in the certificate of 
 authority issued to such corporations. In cases of consolidation, the property of 
 another public service corporation or of any person furnishing service to the public purchased 
 directly or indirectly or in any way acquired shall first be valued as provided by law and 
 then only at a sum not to exceed the value found and determined by commission and stated 
 in the certificate of authority issued to such corporation for the issuance of stocks, certificates 
 of stock, bonds, notes or other evidence of indebtedness. Laws 191 1, ch. 593, sees. 1733-9(2), 
 I753-Q{5), 1753-11(1), 1753-11(2). 
 
 In determining the value of the property of a public service corporation or of .any 
 person furnishing service to the public, for the purposes of the stock and bond law no fran- 
 
 717 chise to be a corporation and no franchise or privilege granted to such corporation by the 
 state or a municipality shall be appraised, fixed, or considered at any greater sum or value 
 than the sum paid therefor into the public treasury of the state or the municipality granting 
 the same. Same, sec. 1753-15. 
 
 See also pars. 3277, 3301, 3302, 3449. 
 
 d; sliding scale, profit sharing, 
 
 AUTOMATIC adjustment, MINIMUM 
 CHARGE AND GRADUATED CHARGES 
 
 ARIZONA Any public service corporation may itself 
 
 profit to the extent permitted by commission from any econo- 
 mies, efficiencies or improvements which it may make and may 
 
 718 distribute by way of dividends or otherwise dispose of the profits 
 to which it may be so entitled and commission may make or per- 
 mit such arrangement or arrangements with any public service 
 corporation as it may deem wise for the piirpose of encouraging 
 economies, efficiencies or improvements and securing to the pub- 
 lic service corporation making the same such portion if any of the 
 profits thereof as commission may determine. Sess. Laws 1912, 
 ch. gOy sec. 20. 
 
 A corporation or person engaged in the production, gener- 
 ation, transmission or furnishing of heat, cold air, light, water or 
 power, or telegraph or telephone service may establish a sliding 
 
 719 scale of charges; provided that a schedule showing such scale of 
 charges shall first have been filed with commission and such 
 schedule and each rate set out therein approved by it. Same, 
 sec. 21. 
 
 Any such corporation or person may enter into an arrange- 
 ment for a fixed period for the automatic adjustment of charges 
 
 208 
 
for heat, cold air, light, water or power or telegraph or telephone 
 ' wo service, in relation to the dividends to be paid to stockholders of 
 such corporation, or the profit to be realized by such person; 
 provided that a schedule showing the scale of charges under such 
 arrangement shall first have been filed with commission and such 
 schedules and each rate set out therein approved by it. Same. 
 Commission may revoke its approval at any time and fix 
 
 721 other rates and charges for the product or commodity or service. 
 Same. 
 
 CALIFORNIA Provisions for public utilities identical with 
 
 722 pars. 718, 719, 720, 721, except that "cold air" is omitted. 
 Stats, ipiij ist. ex. sess., ch. 14, sees. 20, 21. 
 
 MARYLAND Gas or electrical corporations may establish a 
 
 sliding scale for the automatic adjustment of charges for gas, 
 electricity or any service rendered or to be rendered and the 
 
 723 dividends to be paid to stockholders of such gas or electrical cor- 
 porations, provided that the sliding scale shall have been filed 
 with the proper commission; but commission may fix proper, 
 just and reasonable rates and charges to be made for service. 
 Laws igio, ch. 180, sec. 31%. 
 
 MASSACHUSETTS From and after June 30, 1906, the standard 
 price to be charged by the Boston Consolidated Gas Company for 
 gas supplied to its customers shall be 90 cents per 1,000 cubic 
 feet, which price shall not hereafter be increased except as herein- 
 
 724 after provided. From and after the said date the standard rate 
 of dividends to be paid by said company to its stockholders shall 
 be seven per cent per annum on the par value of capital stock, 
 which rate shall not thereafter be increased except as hereinafter 
 provided. Acts igo6, ch. 422, sec. i. 
 
 If during any year ending on Jiuie 30 the maximum net 
 price per 1,000 feet charged by the company has been less than 
 the standard price the company may dturing the following year 
 726 declare and pay dividends exceeding the standard rate in the 
 ratio of one-fifth of one per cent for every one cent of reduction 
 of said maximimi net price below the standard price. Same, 
 sec. 2. 
 
 Said company shall annually publish in the month of Sep- 
 tember in one or more newspapers published in the city of Bos- 
 726 ton a report showing for the previous fiscal year among other 
 things the cost per 1,000 feet to such company of gas in the 
 holder, itemizing said cost so as to show the cost per 1,000 feet 
 
 209 
 
for gas manufactured, of wages at works and of the main items 
 of materials; also the cost per i,ooo feet of distribution; also the 
 amount per i,ooo feet if any charged as depreciation of ways, 
 works and machinery; also the amount per i,ooo feet if any 
 charged for maintenance repairs; together with such other items 
 of account as may from time to tinie be prescribed by gas and 
 electric light commission. Same, sec. j. 
 
 Said commission may upon petition of the mayor or board 
 of aldermen of a city or of the selectmen of a town in which said 
 company is fiurnishing gas and after hearing the company revise 
 the method of determining the cost of gas supplied by said com- 
 
 727 pany and determine finally and conclusively the actual cost of 
 gas furnished and the clear profits made by said company applica- 
 ble to the payment of dividends for the year ending June 30. 
 Any orders made by commission shall be enforceable as provided 
 by law. Same, sec. 4. 
 
 If the clear profits of the company applicable to the pay- 
 ments of dividends amount in any year to a larger sum than is suf- 
 ficient to pay the dividends which the company is herein au- 
 thorized to pay the next succeeding year the excess above the 
 sum necessary for that purpose may from time to time to the 
 extent of one per cent per annum of the par value of the capital 
 
 728 of the company be invested in securities in which savings banks 
 incorporated under the laws of the state are authorized by law 
 to invest and the dividends and interest arising from such se- 
 curities shall also be invested in the same or like securities in 
 
 ' order that the same may accumulate at compound interest 
 imtil the f imd so formed amounts to a sum equal to one-twentieth 
 of the par value of the capital stock of the company which sum 
 shall form a reserve fund; provided, that when and so often as the 
 said fund shall by reason of the accumulation of interest or 
 dividends or otherwise exceed one-twentieth of the par value of 
 the capital stock the excess shall be carried to the credits of the 
 clear profits of the company applicable to the payment of divi- 
 dends. The company may from time to time use said fund or any 
 portion thereof to meet any extraordinary claim, demand, or 
 charge which may at any time arise against or fall upon the 
 -" ,1 company from fire, accident, or other circumstances which due 
 - ./care and management could not have prevented; and whenever 
 • ; .;■ in one year the clear profits of the business of the company for 
 the preceding year applicable to the payment of dividends are 
 ::. /: insufficient to enable it to pay the dividends which the company 
 
 210 
 
 I 
 
is herein authorized to pay it may apply said fund or such portion 
 thereof as may be necessary toward the payment of the dividends 
 which the company is herein authorized to pay for such year. 
 If the reserve fund be reduced at any time it may hereafter again 
 be made up to one-twentieth of the par value of the capital 
 stock of the company and so from time to time as often as such 
 reduction shall happen; provided, that resort may be had to the 
 reserve fimd for any of the purposes above mentioned although 
 such fund may not at the time have reached or may have been 
 reduced below the full amount of one-twentieth as aforesaid. 
 Same, sec. 5. 
 
 If in any year the amount of the clear profits of the business 
 of the company applicable to the payment of dividends exceeds 
 the amount required to pay the dividends herein authorized to 
 
 729 be paid during the next succeeding year and the amounts which 
 herein authorized to be set aside for the reserve fund the excess 
 of such profits shall be paid to the cities and towns in which the 
 company is supplying gas in proportion to the number of miles 
 of mains in each of such cities and towns. Same, sec. 6. 
 
 At any time after the expiration of ten years from June 30, 
 1906, gas and electric light commission may upon the petition of 
 the company or upon the petition of the mayor of any city or of 
 the selectmen of any town in which the company is supplying 
 gas to consumers lower or raise the standard price per 1,000 
 
 730 cubic feet to such extent as may justly be required by reason of 
 greater or less burdens which may be imposed upon the company, 
 by reason of improved methods in the art of manufacture, by 
 reason of changes in the prices of material and labor or by reason 
 of changes in other conditions affecting the general cost of the 
 manufacture or distribution of gas. Same, sec. g. 
 
 NEW YORK Gas or electrical corporations may establish a 
 
 sliding scale for a fixed period for the automatic adjustment of 
 charges for gas, electricity or any service rendered or to be ren- 
 dered and the dividends to be paid to stockholders of such gas or 
 
 .781 electrical corporation; provided, that the sliding scale shall first 
 have been filed with and approved by the proper commission; 
 but commission after the expiration of such fixed period may 
 fix proper, just and reasonable rates and charges to be made for 
 service. Laws 19 10, ch. 480, sec. 6$ (4). 
 See also par. 1426. 
 
 OHIO Any public utility may enter into any reason- 
 
 732 able arrangement with its customers, consumers or employes 
 
 21 1 
 
for the division or distribution of its siirplus profits or provide 
 for a sliding scale of charges or provide for a minimum charge for 
 service to be rendered, imless such minimtim charge is made or 
 prohibited by the terms of the franchise, grant or ordinance imder 
 which such public utility is operated, a classification of service 
 based upon the quantity used, the time when used, the purpose 
 for which used, the duration of use, and any other reasonable 
 consideration or provide any other financial device that may be 
 practicable or advantageous to the parties interested. No such 
 arrangement, sliding scale, minimtim charge, classification or 
 device shall be lawful tmless the same shall be filed with and 
 approved by commission. Every such public utility is required 
 to conform its schedules of rates, tolls and charges to such ar- 
 rangement, sliding scale, classification or other device. Every 
 such arrangement, sliding scale, minimtim charge, classification 
 or device shall be tinder the supervision and regulation of com- 
 mission, and subject to change, alteration or modification by 
 commission. Laws igii, no. j2^, sec, ig. 
 
 WISCONSIN Any public utility may enter into any reason- 
 
 able arrangement with its customers or consumers or with its 
 employes for the division or distribution of its surplus profits or 
 provide for a sliding scale of charges or other financial device 
 
 733 that may be practicable and advantageous to the parties inter- 
 ested. No such arrangement or device shall be lawful until it 
 shall be found by commission after investigation to be reason- 
 able and just and not inconsistent with the purposes of the law. 
 Such arrangement shall be under the supervision and regulation 
 of commission. Laws igoj, ch. 4gg, sec. lygym-iy. 
 
 Commission shall ascertain, determine and order such rates, 
 charges and regulations as may be necessary to give effect to 
 such arrangement but the right and power to make such other and 
 further changes in rates, charges and regulations as commission 
 
 784 may ascertain and determine to be necessary and reasonable 
 and the right to revoke its approval and amend or rescind all 
 orders relative thereto is reserved and vested in commission not- 
 withstanding any such arrangement and mutual agreement. 
 Same. 
 
 212 
 
CHAPTER IV 
 
 Establishment and Change of Rates 
 
 I 
 
 SCOPE NOTE 
 
 This chapter includes grants of power authorizing 
 commissions to regulate or prescribe the rates and charges 
 of utilities^ and such provisions as indicate the procedure 
 to he followed in the exercise of these powers and the legal 
 effect to he given to the rates and charges so established. 
 Provisions involving the establishment of maximum rates 
 by legislative enactment, even when enforcement is left to 
 commissions, have been excluded. For provisions inci- 
 dentally involving procedure in rate making, see ch. xiv, 
 on commission procedure and practice. For provisions 
 incidentally involving the enforcement of rates, see ch. xv, 
 on enforcement. For provisions indicating the principles 
 to he observed in determining reasonable rates, see ch. iii, 
 on basis of rate making. For provisions requiring pub- 
 licity in the establishment and change of rates, see ch. v, 
 on publicity of rates. For provisions regulating rate mak- 
 ing in practice, see ch. vi, on discrimination in rates and 
 service. For provisions prescribing general procedure to 
 be followed in the exercise of commission authority, see 
 ch. xiv, on commission procedure and practice. For pro- 
 visions prescribing general rules of enforcement and judi- 
 cial review, see ch. xv, on enforcement. For general 
 statement of scope and method, see introduction. 
 
 213 
 
ANALYSIS 
 
 Page 
 
 A. General authority of commission over rates and charges 215 
 
 1. Authority of commission to approve, regulate, supervise or 
 enforce rates and charges. 215 
 
 2. Authority of commission to investigate rates and charges 218 
 
 3. Authority of commission to investigate rates and charges and 
 make recommendations with respect thereto 219 
 
 4. Authority of commission over contracts and agreements as to 
 rates and charges 222 
 
 B. Authority of commission to fix, establish or prescribe rates and charges. 225 
 
 C. Authority of commission on its own motion or on complaint after in- 
 vestigation to change rates and charges previously in force and to fix, 
 establish or prescribe others in lieu thereof to be followed in the future. 250 
 
 D. Special authority of commission and duty of utilities with respect to 
 the establishment and change of joint or through service and routes, 
 and rates and charges therefor 296 
 
 1 . Carriers of persons and goods 296 
 
 2. Physical connection of telephone and telegraph companies ... . 318 
 
 3. Street railway transfers 325 
 
 E. Authority of commission and duty of ■ utilities with respect to the 
 establishment and change of particular rates and charges 328 
 
 1 . Interstate rates 328 
 
 2. Emergency rates 337 
 
 3. Rates not specifically designated 341 
 
 F. Authority of commission and duty of utilities with respect to rates and 
 charges in effect on a date designated by law 342 
 
 G. Authority of commission to alter, amend or rescind rates and charges, 
 
 or its own orders with respect thereto 347 
 
 H. Authority of commission with respect to the suspension of rates and 
 
 charges 352 
 
 I. Validity of rates and charges prescribed by commission and period of 
 
 enforcement 358 
 
 214 
 
A. GENERAL AUTHORITY OF COMMIS- 
 SION OVER RATES AND CHARGES. 
 
 I. Authority of Commission to Approve, Regulate, Supervise 
 or Enforce Rates and Charges. 
 
 ALABAMA Commission shall supervise, regulate and con- 
 
 trol all transportation companies doing business in the state in 
 
 736 all matters relating to the performance of their public duties and 
 for all charges therefor and shall correct abuses therein by such 
 companies. Code igoy, sec. 5651. 
 
 Commission may regulate railroad freight and passenger 
 tariffs, the locating and building of passenger and freight depots, 
 
 736 correct abuses and prevent unjust discrimination and extortion 
 and require reasonable and just rates of freight and passenger 
 tariffs. Same, sec. 5652. 
 
 See also pars. 241, 16^4. 
 
 ARIZONA, CALIFORNIA 
 
 No public service corporation ^ shall raise any 
 rate, fare, toll, rental or charge or so alter any classification, con- 
 tract, practice, rule or regulation as to result in an increase in any 
 
 737 rate, fare, toll, rental or charge, under any circumstances whatso- 
 ever, except upon a showing before commission and a finding by 
 commission that such increase is justified. Ariz.-. — Sess. Laws 
 igi2, ch. go, sec. 6j{a); Cal. — Stats, igii, ist. ex. sess., ch. 14, 
 sec. 6.? (a). 
 
 See also par. 3162. 
 
 FLORIDA Commission may regulate the charges for stor- 
 
 age, wharfage and demurrage under such just and reasonable 
 conditions as it may prescribe and may regulate and direct the 
 
 ;lr88 use and charges for use of refrigerator cars, refrigerator fruit boxes, 
 icing, etc., in transit, and may direct and control all other matters 
 pertaining to railroad that shall be for the good of the public. 
 Gen. Stats. igo6, sec. 28gj. . . . 
 
 See also pars. 24g, 2ji, 252. 
 
 GEORGIA See pars. 253, 254. 
 
 INDIANA Commission shall supervise all railroad, freight 
 
 739 and passenger tariffs, correct abuses, and prevent unjust discrim- 
 
 ^ " Public utility," in California. 
 
 I 
 
 215 
 
ination and extortion in the rates of freight and passenger tariffs 
 on the different railroads, and enforce the same by proceedings 
 for the enforcement of penalties provided by law through courts 
 of competent jurisdiction. Acts igoy, ch. 241, sec. 3. 
 
 Commission shall enforce reasonable and just rates of charges 
 for each railroad company for the use or transportation of loaded 
 or empty cars on its road, and may so enforce for each railroad or 
 
 740 for all railroads alike reasonable rates for storing and handling of 
 freight and for use of cars not loaded or unloaded within 48 hours 
 after notice of arrival and placement for service, not to include 
 Sundays or legal holidays. Same, sec. ^(J). 
 
 Commission shall enforce reasonable rates for the transpor- 
 tation of passengers over each or all of the railroads, which rates 
 
 741 shall not exceed the rates fixed by law. Commission may enforce 
 reasonable rates, tolls or charges for all other service performed 
 by any railroad. Same, j(g). 
 
 KANSAS Commission shall supervise all railroad freight 
 
 and passenger schedules, rates, tariffs and classifications within 
 the state, and all rules and regulations governing car service, the 
 transfer and switching of cars from one railroad to another at 
 jimction points or where entering the same city or town, all 
 
 742 charges to be made therefor, as well as the rules and regulations 
 adopted by any railroad for the operation of its road in the run- 
 ning of its trains in the state, and immediately to notify the attor- 
 ney for commission whenever it has knowledge or good reason to 
 believe that any of the laws of the state relating thereto are being 
 violated. Gen. Stats, igog, sec. 7170. 
 
 All railroad companies, or other common carriers, entering 
 cities or places as shall be designated by commission as terminal 
 points, are hereby required to publish and put into effect freight 
 
 743 and passenger tariff schedules between such stations and all other 
 stations in the state, on such lines of railroad, within three months 
 from the taking effect of this act, which freight and passenger 
 tariff schedules shall first be approved by commission. Same, 
 sec. 7248. 
 
 MASSACHUSETTS See pars, 27^, 280. 
 
 MICHIGAN See pars. 282, 2132. 
 
 MINNESOTA See par. 1664. 
 
 MISSOURI Rates published by warehousemen and ele- 
 
 vatormen on the first week of January of each year shall not be 
 
 216 
 
increased during the year without the consent of commission, and 
 such published rates, or any pubHshed reduction of them, shall 
 
 744 apply to all grain received into or handled by such warehouse or 
 elevator from any person or sotirce, and no discrimination shall 
 be made directly or indirectly, for or against any person in any 
 charges made by such warehouseman or elevatorman for the 
 transferring, handling or storing of grain. Rev. Stats, igog, 
 sec, 6yg4. 
 
 NEBRASKA. It is unlawful for any railway company or com- 
 
 mon carrier to change any rate, schedule or classification until 
 application has been made to commission and permission had for 
 
 745 that piupose. Any railway company or common carrier violat- 
 ing this provision shall be deemed guilty of a misdemeanor and 
 upon conviction thereof shall be fined any simi not exceeding 
 $10,000. Cobbey^s Annot. Stats, igog, sec. 10663(c). 
 
 See also par. 2g8. 
 
 NEVADA See par. 2152. 
 
 NEW YORK Subject to the regulation of commission, 
 
 freight terminal companies may establish classifications of their 
 
 746 business and rates for each class thereof as well as for any com- 
 bination of two or more classes of such service and the further 
 terms and conditions on which such freight terminal services 
 shall be furnished. Laws igii, ch. yyS, sec. 155. 
 
 OHIO See par. 2173. 
 
 OKLAHOMA Commission shall supervise, regulate and con- 
 
 trol all transportation and transmission companies doing business 
 
 747 in the state in all matters relating to the performance of their 
 public duties and their charges therefor and correct abuses and 
 prevent unjust discrimination and extortion by such companies. 
 Const., art. ix., sec. 18. 
 
 See also par. 32 j. 
 
 OREGON Whenever, after hearing and investigation as 
 
 provided in sections 28, 29 and 30 of Gen. Laws 1907, ch. 53, 
 commission shall find that any charge, regulation or practice 
 
 748 affecting the transportation of passengers or property or any 
 service in connection therewith is unjustly discriminatory against 
 any locality, it may regulate same as provided in said sections. 
 Gen. Laws igog, ch. p/, sec. 2. 
 
 See also par, 2181, 
 
 217 
 
SOUTH CAROLINA Identical with par. 253. Gen. Stats. 1Q02, 
 749 sec. 2220. 
 
 See also par. jj8. 
 
 SOUTH DAKOTA The charges for storage and handling of grain ;|| 
 by warehousemen shall in all cases be equal and just, and shall 
 
 760 be approved by commission before going into effect, and shall 
 not exceed the usual charges heretofore existing. Rev. Pol. Code 
 IQ03, sec. 4g8. 
 
 No rate or charge for the transmission of any message or for 
 any other service in connection with any telephone line or ex- 
 change shall be increased without the written consent of commis- 
 sion entered in the journal of its proceedings; provided, all ter- 
 
 761 minal fees for incoming or outgoing toll messages shall be uniform 
 and the maximum charge on each incoming or outgoing toll mes- 
 sage shall not exceed five cents for any message originating or 
 terminating in South Dakota, unless otherwise ordered by com- % 
 mission. Sess. Laws igii, ch. 218, sec. 4. 
 
 See also par. 1686. 
 
 VIRGINIA For transportation and transmission compan- 
 
 762 ies, identical with par. 735. Const., sec. ij6{b). 
 
 See also pars, jjj, i68g. 
 
 WISCONSIN See pars. 1694, 2224. 
 
 2. Authority of Commission to Investigate Rates and Charges. 
 
 MICHIGAN Commission may hear and determine the com- 
 
 plaints of any person, firm, association, corporation, body politic 
 or municipal corporation, against the rates and charges or the 
 
 763 service rendered or facilities furnished or complaints as to service 
 withheld or refused to be rendered, furnished or performed by 
 persons, firms or corporations operating telephone lines or ex- 
 changes or doing a telephone business. Puh. Acts 191 1, no. ij8, 
 sec. 8. 
 
 MINNESOTA The attorney general may, whenever in his 
 
 opinion the public interest requires, make complaint to commis- 
 sion charging that any rate, schedule of rates or the entire sched- 
 
 764 ule of rates, or any classification, rule or regulations of any carrier 
 is unjust, unreasonable or discriminatory. Commission shall 
 investigate such complaint in the manner provided for the inves- 
 tigation of complaints made imder the provisions of section 1969 
 of revised laws of 1905. Laws 191 1, ch. 50, sec. i. 
 
 218 
 
MISSOURI Commission shall see that all schedules of rates 
 
 prepared and adopted by common carriers are reasonable and 
 just, and it may, upon complaint of any person, or upon its own 
 
 765 motion and without complaint, make inquiry from time to time, 
 and determine whether the schedule of rates prepared and 
 adopted by any such common carrier is reasonable and just. 
 Rev. Stats, igog, as amended, sec. 3187. 
 
 MONTANA Commission must within 40 days after the fil- 
 
 ing with commission of a complaint by a shipper, or other person 
 
 766 interested, proceed to investigate and determine the justness and 
 reasonableness of any classification, rate, charge, toll, regulation 
 or order made by commission. Rev. Codes igoj, sec. 43yg. 
 
 J. Authority of Commission to Investigate Rates and Charges 
 and Make Recommendations with Respect Thereto. 
 
 IOWA Commission shall, upon the application of the 
 
 mayor and council of any city, or town, or the trustees of any 
 township, make an examination of the rate of passenger fare or 
 freight tariff charged by any railroad company, and of the condi- 
 tion or operation of any railroad, any part of whose location lies 
 within the limits of such city, town or township ; and if 2 5 or more 
 voters in any city, town or township shall by written petition 
 request the mayor and council of such city, or town, or the trus- 
 tees of such township, to make the said complaint and application, 
 and they refuse, they shall state the reason therefor in writing 
 upon the petition, and return the same to the petitioners, who 
 
 757 may thereupon, within ten days from the date of such refusal 
 and retiim, present the same to commission, who shall, if it thinks 
 the public good demands the examination, proceed to make it in 
 the same manner as if called upon by the mayor and council of 
 any city or town, or the trustees of any township. Before pro- 
 ceeding to make such examination, it shall give to the petitioners 
 and the corporation reasonable notice, in writing, of the time and 
 place of entering upon the same. If upon such an examination, 
 it shall appear to commission that the complaint is well founded, 
 it shall, within ten days, inform the corporation operating such 
 railroad of its finding, and shall report its doings to the governor. 
 Code i8gy, sec. 211'/. 
 
 MASSACHUSETTS Upon complaint in writing relative to the serv- 
 ice or charges for service in, to or from any city or town in the 
 
 219 
 
state, as rendered or made by any company engaged therein in 
 the transmission of intelligence by electricity signed by the mayor 
 of the city or the selectmen of the town or any 20 customers of 
 the company, commission shall notify the company by leaving at 
 its office or place of business in such city or town, a copy of the 
 complaint and shall thereupon, after notice, give a public hearing 
 to the complainant or complainants and to the company and after 
 
 768 the hearing may make such recommendations concerning the 
 reduction, modification or continuation of such charges for serv- 
 ice or concerning improvements in the quality of the service or 
 concerning such other matter in the premises as commission shall 
 deem just and proper. Any such recommendations shall be trans- 
 mitted in writing by commission to the company complained of 
 and the report of the proceedings and of the result thereof shall 
 be included in the annual report of commission, together with aj 
 statement of the action, if any, which the company has taken on 
 the recommendation. Acts igo6, ch. ^jj, sec. 5. 
 
 If the board is of opinion that repairs are necessary upon any 
 railroad or railway or that an addition to its rolling stock or an 
 addition to or change or relocation of its stations or station houses 
 or waiting rooms or a change in its rates of fares for transporting 
 freight or passengers, ^ or in the mode of operating its railroad or 
 
 789 railway and conducting its business is reasonable and expedient, 
 in order to promote the security, convenience and accommodation 
 to the public, it shall in writing inform the corporation or com- 
 pany of the improvements and changes which it recommends 
 should be made. Acts igo6, ch. 46 j, pt. i, sec. p, as amended 
 by Acts 1909, ch. 343. 
 
 Commission upon its own initiative or upon request of any 
 person, after a public hearing and investigation, if it is of the 
 opinion that the change in the rates charged or accommodations 
 ftimished by any person, firm, association or corporation doing 
 
 760 an express business upon a railroad or railway in the state or in 
 the method in which the business is conducted is reasonable and 
 expedient in order to promote the convenience and accommodation 
 of the public, shall in writing inform such person, firm, association 
 
 1 A railroad corporation may establish for its sole benefit fares, tolls and charges upon 
 all passengers and property conveyed or transported on its railroad, at such rates as may 
 be determmed by its directors, and may from time to time by its directors regulate the use 
 of its railroad, but such fares, tolls and charges, and such regulations, shall be subject to 
 revision and alteration by the general court, or by such officers or persons as it may appoint 
 for the purpose, anything in the charter of the railroad corporation to the contrary not- 
 withstanding. Acts IQ06, ch. 463, pt. ti, sec. i8i. 
 
 Every street railway company may establish the rates of fares for all passengers and 
 property conveyed or transported in its cars subject however to the limitations named 
 m its charter or hereinafter set forth. Acts igoO, ch. 463, pt. Hi, sec. 96. 
 
 All provisions of law relative to changes and regulations of fares upon railroads shall 
 apply to changes and regulation of fares upon street railways. Same, sec. Joo, 
 
 220 
 
or corporation of the change which it recommends should be 
 made. Acts igo8, ch. ^gg, sec. 4. 
 
 Upon complaint in writing relative to the service furnished 
 in any city or town or the charges made by any company engaged 
 in the business of supplying water to any city or town or to the 
 inhabitants thereof, signed by the mayor of the city or the select- 
 men of the town, or by 50 customers of the company and filed in 
 the office of the state board of health, said board shall notify the 
 company by leaving at its office or place of business in such city 
 or town, a copy of the complaint and may thereupon after notice, 
 give a public hearing to the complainant or complainants and to 
 the company and shall require the company to furnish such infor- 
 T61 mation in its possession as may be necessary to determine the 
 matters involved in the complaint, and after the hearing, may 
 make such recommendations concerning the reduction, inodifi- 
 cation or continuation of such charges for services or concerning 
 improvements in the quality of the service or extensions of the 
 same or concerning other matters in the premises as the board 
 shall deem just and proper. Any such recommendations shall 
 be transmitted in writing by the board to the company com- 
 plained of, and a report of the proceedings and of the result 
 thereof shall be included in the annual report of the board to- 
 gether with a statement of the action, if any, taken by the com- 
 pany upon the recommendation. Acts igog, ch. ^ig, sec. i. 
 
 PENNSYLVANIA Commission shall whenever after full hearing 
 upon a complaint it shall be of the opinion that any of the rates 
 or charges whatsoever demanded, charged or collected by any 
 common carrier or carriers are unjust or imreasonable or imjustly 
 discriminatory or imduly preferential or prejudicial or otherwise 
 in violation of any provision of law or that any regulation or prac- 
 tice in respect to transportation is imjust, unfair or imreasonable, 
 and in violation of law, decide and recommend what will be the 
 just and reasonable rate or rates, charge or charges to be there- 
 after observed in such case as the maximimi to be charged and 
 what regulation or practice in respect to transportation is just, 
 fair and reasonable to be thereafter followed. Laws igo'/, no. 
 2^0, sec. 8. 
 
 If, after examination of the same, it shall appear to commis- 
 sion that any of the rates or charges established or demanded by 
 any common carrier are excessive and imreasonable; or that re- 
 pairs, additions, alterations or changes in or upon any property 
 of a common carrier and used by it as such, are necessary or that 
 
 221 
 
any additional stations are necessary; or additional train-serv- 
 ice to any station, or that any addition to the rolling-stock, or any 
 addition to or change of a station or station-houses, are necessary; 
 or that additional terminal facilities should be afforded, or that 
 any change of the rates of fare for transporting freight or pas- 
 sengers, or in the mode of operating the road, or conducting its 
 business, are reasonable and expedient, in order to promote the 
 763 security, convenience and accommodation of the public, com- 
 mission shall give notice thereof and information in writing to 
 the common carrier, of the improvement and changes which 
 said commission deem proper, and shall give such common carrier 
 an opportunity for a full hearing in relation thereto ; and if the 
 common carrier refuses or neglects to make such repairs, im- 
 provements, or changes within a reasonable time after such in- 
 formation and hearing, or fails to satisfy the commission that no 
 action is required to be taken by it, commission shall certify to 
 the secretary of internal affairs and the attorney general the 
 facts relating thereto, for their action according to law, as the 
 public interests may require, and report the same in detail in 
 its next succeeding report to the governor. Same, sec. 17. 
 
 4. Authority of Commission over Contracts and Agreements 
 as to Rates and Charges. 
 
 FLORIDA All contracts and agreements between any and 
 
 all railroads, railroad companies and common carriers doing busi- 
 ness in the state, as to rates of freight and passenger tariffs, use 
 and transportation of cars, shall be submitted to commission 
 for inspection and correction, that it may be ascertained as to 
 whether or not they are reasonable and just, and will insure 
 prompt delivery of freights and passengers to points of destina- 
 
 764 tion, or the violation of any section of this act, and commission 
 may revise and correct the same and make such rules and regu- 
 lations in accordance therewith as it may deem necessary, which 
 said rules and regulations shall be observed and obeyed by said 
 railroads, railroad companies and common carriers as other rules 
 and regulations of this chapter, and any such agreement not ap- 
 proved by commission shall be deemed illegal and void. Gen. 
 Stats. 1Q06, sec. 2goy. 
 
 GEORGIA All contracts and agreements between railroad 
 
 companies doing business in the state, as to rates of freight and 
 passenger tariffs, shall be submitted to said commission for in- 
 
 222 
 
spection and correction, that it may be seen whether or not they 
 are a violation of law or of the provisions of the constitution, or 
 of this act, or of the rules and regtilations of said commission; and 
 all arrangements and agreements whatever as to the division of 
 earnings of any kind by competing railroad companies doing busi- 
 ness in this state, shall be submitted to said commission for inspec- 
 
 765 tion and approval, in so far as they affect rules and regulations 
 made by said commission to secure to all persons doing business 
 with said companies just and reasonable rates of freight and pas- 
 senger tariffs; and said commission may make such rules and reg- 
 ulations as to such contracts and agreements as may then be 
 deemed necessary and proper, and any such agreement, not ap- 
 proved by such commission, or by virtue of which rates shall 
 be charged exceeding the rates fixed for freight and passengers, 
 shall be deemed, held and taken to be violations of article 4, 
 section i, paragraph 4, of the constitution, and shall be illegal 
 and void. Code igii, sec. 26^8. 
 
 NORTH CAROLINA All contracts and agreements between railroad 
 companies as to rates of freight and passenger tariffs shall be sub- 
 mitted to commission for inspection and correction, that it 
 may be seen whether or not they are a violation of law or of the 
 rules and regulations of said commission, and all arrangements 
 and agreements whatever as to the division of earnings of any 
 kind by competing railroad companies shall be submitted to com- 
 
 766 mission for inspection and approval in so far as they affect the 
 rules and regulations made by commission to secure to all persons 
 doing business with such companies just and reasonable rates of 
 freight and passenger tariffs, and commission may make such 
 rules and regulations as to such contracts and agreements as may 
 then be deemed necessary and proper, and any such agreements 
 not approved by commission, or by virtue of which rates shall be 
 charged exceeding the rates fixed for freight and passengers, shall 
 be deemed, held and taken to be violations of this chapter and 
 shall be illegal and void. PelVs Revisal igo8, sec. 11 08. 
 
 SOUTH CAROLINA All contracts and agreements between railroad 
 companies doing business in the state as to rates of freight and 
 passenger tariffs shall be submitted to commission for inspection 
 
 767 and correction, that it may be seen whether or not they are a 
 violation of the law or of the provisions of the constitution or of 
 this chapter, or of the rules and regulations of said commission; 
 and all arrangements and agreements whatever as to the division 
 
 223 
 
of earnings of any kind by competing railroad companies doing 
 business in the state, shall be submitted to commission for inspec- 
 tion and approval, in so far as they affect rules and regulations 
 made by said commission to secure to all persons doing business 
 with said companies just and reasonable rates of freight and pas- 
 senger tariff, and so far as they are affected by any of the provi- 
 sions contained in this chapter, for securing to all persons just, 
 equal and reasonable facilities for the transportation of freight 
 and passengers; and commission may make such rules and regu- 
 lations as to such contracts and agreements as may be then 
 deemed necessary and proper, and any such agreements not 
 approved by commission, or by virtue of which rates shall be 
 charged exceeding the rates fixed for freight and passengers, shall 
 be deemed, held and taken to be violations of this chapter, and 
 shall be illegal and void. Gen. Stats. igo2, sec. 2oy6. 
 
 If the said contracts, agreements or arrangements shall, in 
 the opinion of commission, in any way be in violation of any 
 of the provisions of this chapter, commission shall forthwith 
 notify the said railroad companies, in writing, of its objections 
 thereto, specifying such objections; and if the said railroad com- 
 
 768 panics shall fail or neglect, within five days after such notice, to 
 amend and alter such contract, agreement or arrangement, in a 
 manner satisfactory to commission, commission shall thereupon 
 call upon the attorney general to institute and conduct such legal 
 proceedings as may be necessary to enforce the penalties prescribed 
 in this chapter for such violations of its provisions. Same. 
 
 TEXAS Any two connecting railroads may enter into 
 
 a contract whereby any part or all of the passenger, freight or 
 cars, empty or loaded, hauled or transported by one and destined 
 to points on or beyond the line of the other shall be delivered to, 
 received and transported by the other; which contract, however, 
 shall be submitted to commission for examination and approval, 
 
 769 and when so approved shall be binding; but if the said contract 
 be not approved by commission the same shall be void; pro- 
 vided, that any connecting line delivering freight to the owner or 
 consignee of such freight may be sued by the owner thereof in 
 the cotmty where the freight is delivered for any damage that may 
 be done to such freight in its transportation. Sayles^ Civ. Stats. 
 1897, art. 4579 (i). 
 
 VIRGINIA All contracts and agreements hereafter made 
 
 and entered into between transportation companies doing busi- 
 
 224 
 
ness in the state, as to rates or freight and passenger tariffs shall 
 be submitted to commission for inspection, that it may be seen 
 whether or not they are in violation of law or of the rules and reg- 
 ulations of commission; and all arrangements and agreements 
 whatever as to the division of earnings of any kind by competing 
 770 transportation companies doing business in the state shall be sub- 
 mitted to commission for inspection, in so far as they affect the 
 rules and regulations made by commission to secure to all persons 
 doing business with said companies just and reasonable rates of 
 freight and passenger tariff. Any such agreements, disapproved, 
 
 kby virtue of which rates shall be charged exceeding the rates fixed 
 for freight and passengers shall be deemed, held and taken to be 
 violations of the provisions of this chapter and shall be illegal and 
 void. Pollard's Code 1904, sec. I2g4c{i6). 
 
 B. AUTHORITY OF COMMISSION TO FIX, 
 ESTABLISH OR PRESCRIBE RATES 
 AND CHARGES. 
 
 ALABAMA Commission shall from time to time prescribe 
 
 and enforce against transportation companies in the manner pro- 
 vided by law such rates, charges, classifications of freight, storage, 
 demurrage and car service charges, rules and regulations and shall 
 require them to establish and maintain all such public service, 
 
 771 facilities and conveniences as may be reasonable and just; pro- 
 vided, that where the rates or charges for transportation of any 
 articles or property or the classification of freight have been fixed 
 or prescribed by statute, commission shall not have power to in- 
 crease such rates or charges. Code 190'/, sec. 5651. 
 
 Commission may change any classification of railroads which 
 has been or may hereafter be established by statute, from time to 
 time as changed conditions may, in its judgment, render it expe- 
 dient so to do, by taking a railroad from one class and placing it 
 in another, and may assign to any class it may determine proper 
 any new railroad that may hereafter be constructed or operated 
 
 772 as a common carrier, in whole or in part, in this state, and said 
 commission may change any classification of articles which has 
 been or may hereafter be established by statute when, in its judg- 
 ment, it is reasonable and just to do so; but such change shall not 
 increase any rate prescribed or fixed by statute for the transpor- 
 tation of such articles or classes of articles. Samey sec. 5657. 
 
 773 Nothing in this chapter shall be so construed as to authorize 
 
 225 
 
or empower commission to increase any rate or rates which have 
 been or shall be established by statute for the transportation of 
 freight or passengers, and said commission shall not have power 
 to increase such rate or rates. Same, sec. 5658. 
 
 ARIZONA Commission shall prescribe just and reasonable 
 
 classifications to be used and just and reasonable rates and 
 
 774 charges to be made and collected by public service corporations 
 for services rendered. Const., art. xv., sec. 3. 
 
 AREIANSAS Every person or corporation operating any 
 
 railroad or express business in the state is hereby required to fur- 
 nish said commission, within 1 5 days after notice to do so, with 
 the rate sheet and tariff charges for transportation of every kind 
 over such railroad. Commission shall examine and revise said 
 rate sheet and tariff charges for freight or express matter for each 
 railroad in the state, and determine whether or not and in what 
 manner, if any, such charges and rates are more than just and 
 reasonable compensation for the services rendered, and whether 
 or not and in what manner, if any, said charges and rates are in 
 violation of any of the provisions of this act, and said commission 
 will make reasonable and just rates of freight, express and passen- 
 ger tariffs to be observed by all persons and corporations operat- 
 ing any railroad or engaged in transporting persons or property as 
 express or freight in this state; shall make rules and regulations 
 as to charges at any and all points for the necessary hauling and 
 
 775 delivering of express and freight; regulate rates and charges for 
 such service on all railroads as, in its judgment, justice to the pub- 
 lic and said person or corporation may require; and so make the 
 same conform to the requirements of this act. And said commis- 
 sion in making such rules and regulations, shall first give the per- 
 son or corporation to be affected thereby notice to appear and 
 show cause, if any it can, why no change should be made in 
 the rates then in force. And when any tariff of charges is 
 corrected and approved, said commission shall append a cer- 
 tificate of its approval to said tariff of charges and give notice 
 thereof to any officer or agent of the railroad or express company 
 to be affected thereby, and said tariff and charges shall be kept 
 posted up for at least five days before the same shall go into effect. 
 And said commission shall accordingly fix rates and tariffs of 
 charges for those express companies and railroads the officers of 
 which fail to furnish rate sheets or tariffs of charges as above 
 reqtiired. Kirby's Digest igo4, sec. 6802. 
 
 226 
 
 I 
 
Commission shall hear all complaints made by any person, 
 firm or corporation against any such tariff of charges so approved; 
 hear the parties to the controversy in person or by attorney, or 
 both, and may take testimony, orally or in writing, and regulate 
 argument thereon, and conduct the investigation of such com- 
 plaints in such manner as to commission may seem best adapted 
 to arrive at the truth, and when any changes are made in any 
 
 776 tariff of charges, notice thereof shall be given to the person or cor- 
 poration to be affected thereby; provided, in no instance shall 
 any person or corporation operating a railroad or express company, 
 the schedule of charges of which have been submitted to, revised 
 and approved by commission, be civilly or criminally liable 
 for the making of any charge which has been authorized by the 
 tariff of charges so approved, or the rules and regulations pre- 
 scribed by commission. Same, sec. 6810. 
 
 Commission shall adopt, change or make reasonable and 
 just rates, charges and regulations to govern and regulate sleeping 
 
 777 car tariffs and services, correct abuses, and prevent imjust dis- 
 crimination and extortion in the rates for the same. Acts igoy, 
 no. 422, sec. 4. 
 
 FLORIDA Commission shall make reasonable and just 
 
 rates of freight and passenger tariffs to be observed by all rail- 
 roads, railroad companies and common carriers over their respec- 
 tive lines or connecting lines, shall make reasonable and just 
 regulations for the observance of the same as to charges at any 
 and all points for the necessary handling and delivery of all kinds 
 
 778 of freight and transportation of passengers and for the prevention 
 of any unjust discrimination in connection therewith, and shall 
 make reasonable and just rates of charges for the use and trans- 
 portation of all kinds of railroad cars, conveying all kinds of 
 freight to and from any and all points in the state. Gen. Stats. 
 igo6, sec. 28 pj. 
 
 Commission may create rating or basing points at places 
 where competing lines of railroads meet, or where water or other 
 competition exists, and may break the continuity of rates to and 
 
 779 from such points, so as to maintain competition between rival 
 lines and points, and may, in fixing the rate upon any commodity, 
 take into consideration the competition between different local- 
 ities or shipping points producing or shipping such commodity. 
 Same, sec. 28g^. 
 
 Commission shall make and furnish to each railroad corpora- 
 tion as soon as practicable a printed or written schedule of just 
 
 227 
 
780 and reasonable rates and charges for transportation of freights* 
 passengers and cars on its railroad or railroads under its control 
 or management. Same, sees. 28pg. 
 
 Commission, before changing, revising, fixing, adopting or 
 allowing any such schedule, or prescribing any such rules and 
 regulations, shall give public notice of its intended action in such 
 newspaper and for such time as shall be deemed fair and reason- 
 able by commission to all railroad corporations to be affected and 
 
 781 to the public generally, of the times and places of its meetings, 
 and all railroad corporations and persons interested shall be en- 
 titled to a just and fair hearing before commission, and whenever 
 any full schedule shall have been made, changed or revised, adopt- 
 ed or allowed, or any rule or regulation prescribed as aforesaid, 
 commission shall in every instance give the date on which the 
 same shall go into effect. Same, sec. 2qoo. 
 
 Commission in changing, revising, fixing, allowing or adopt- 
 
 782 ing any schedule of rates for freights or cars shall not discriminate 
 unreasonably or unjustly in favor of any one class of freight to 
 the detriment of other classes of freight. Same, sec. 2go2. 
 
 GEORGIA Commission may determine what are just and 
 
 reasonable rates and charges and it shall make reasonable and 
 just rates of freight and passenger tariffs to be observed by all rail- 
 road companies, shall make reasonable and just rules and regula- 
 tions to be observed by all railroad companies as to charges at any 
 and all points for the necessary handling and delivering of freights, 
 shall make such just and reasonable rules and regulations as may 
 be necessary for preventing unjust discriminations in the trans- 
 portations of freight and passengers, shall make reasonable and 
 just rates of charges for use of railroad cars carrying all and any 
 kinds of freight and passengers no matter by whom owned or car- 
 ried, shall make just and reasonable rules and regulations to be 
 observed by railroad companies to prevent the giving or paying 
 of any rebate or bonus, directly or indirectly, and from mislead- 
 
 788 ing or deceiving the public in any manner as to the real rates 
 charged for freight and passengers; provided, that nothing in 
 this act contained shall be taken as in any manner abridging or 
 controlling the rates for freight charges by any railroad company 
 for carrying freight which comes from or goes beyond the boimd- 
 aries of the state and on which freight less than local rates on any 
 railroad carrying the same are charged by such railroad, but said 
 railroad companies shall possess the same power and right to 
 charge such rates for carrying such freights as they possessed 
 
 2^8 
 
before the passage of this act, and commission shall have full 
 power by rules and regulations to designate and fix the difference 
 in rates of freight and passenger transportation to be allowed for 
 longer and shorter distances on the same or different railroads 
 and to ascertain what shall be the limits of longer and shorter dis- 
 tances. Code igii, sec. 2630. 
 
 Commission shall make for each of the railroad corporations, 
 
 784 as soon as practicable, a schedule of just and reasonable rates of 
 charges for transportation of passengers and freights and cars on 
 each of said railroads. Same, sec. 26 ji. 
 
 When the schedule shall have been made or revised commis- 
 sion shall cause publication thereof to be made for four consecu- 
 tive weeks in some public newspaper published in the cities of 
 Atlanta, Augusta, Albany, Savannah, Macon, Rome and Colum- 
 
 786 bus ; and after the same shall be so published it shall be the duty 
 of all such railroad companies to post at all their respective sta- 
 tions in a conspicuous place a copy of said schedule for the pro- 
 tection of the public. Same, sec. 2632. 
 
 Commission shall fix and prescribe a schedule of maximum 
 rates and charges for storage of freight made and charged by rail- 
 road companies and fix at what time after the reception of freight 
 
 786 at the place of destination such charges for storage shall begin, 
 with power to vary the same according to the value and character 
 of the freight stored, the nature of the place of destination and 
 residence of consignee and such other facts as in its judgment 
 should be considered in fixing the same. Same, sec. 264Q. 
 
 All the provisions, prescribing the procedure of commission 
 in fixing freight and passenger tariffs, and hearing complaints 
 
 787 of carriers and shippers, and of altering and amending said 
 tariffs, shall apply to the subject of fixing and amending rates 
 and charges for storage, as aforesaid. Same, sec. 2650. 
 
 ILLINOIS Commission shall make for each of the railroad 
 
 corporations, as soon as practicable, a schedule of reasonable 
 
 788 maximum rates of charge for the transportation of passengers 
 and freights and cars of each of said railroads. Revisal igog, 
 ch. 114, sec. 131. 
 
 When any schedule shall have been made or revised, com- 
 mission shall have the same printed by the state printer under the 
 contract governing the state printing and commission shall fur- 
 
 789 nish two copies of such printed schedule to the president, general 
 superintendent or receiver of each railroad company or corpora- 
 tion. Same. 
 
 229 
 
Commission may fix and establish rates, rules and regulations 
 
 790 regarding demurrage, storage and all other charges incident to the 
 transportation of property between points wholly within the 
 state. Same, sec. ig4. 
 
 Commission shall make for each of the common carriers 
 doing business in the state, as soon as practicable, upon giving due 
 notice to all parties interested therein, and after a hearing in rela- 
 
 791 tion thereto, a schedule of reasonable maximum rates or charges, 
 classification, rules and regulations for the transportation of per- 
 sons or property on or by each of said common carriers between 
 points wholly within the state. Same, sec. igS. 
 
 When any schedule shall have been made or revised, com- 
 mission shall have the same printed by the state printer imder the 
 
 792 contract governing state printing and commission shall furnish 
 two copies of said printed schedule to the president, general man- 
 ager, general superintendent or receiver of each common carrier. 
 Same. 
 
 Commission may prescribe, promulgate and establish rea- 
 sonable and just rates or schedules of maximum charges for each 
 kind of property, money, parcel, merchandise, packages and other 
 commodities and things to be charged for and received by express 
 companies or carriers by express or either of them, either sepa- 
 rately or conjointly, connected with the receiving, handling, trans- 
 
 793 porting, storing and delivery of all such property, money, parcels, 
 merchandise, packages and other commodities and things which by 
 the contract of carriage are to be transported separately or con- 
 jointly by such express companies or carriers by express between 
 points within the state, and may also prescribe a form of receipt 
 for each shipment, also a form of receipt for moneys paid for 
 charges for the transportation of any article or thing, to be given 
 upon receipt or upon the payment of such charges. Same, sec. jdp. 
 
 Commission may make and prescribe maximum rates and 
 
 794 charges, classifications, rules and regulations for the government 
 and control of express companies or carriers by express. Same. 
 
 IOWA Nothing in this section shall be construed 
 
 to prevent railroad companies or commission from establishing 
 schedules of reasonable charges applicable to switching servic 
 
 796 only, and which shall be independent of any schedule of charge 
 which may be provided for the regular line haul freight service oi 
 common carriers. Code i8g7, sec. 2145. 
 
 Commission shall fix and establish reasonable, fair and just 
 rates of charges including a schedule of maximum joint rates for 
 
 230 
 
each kind or class or property, money, parcels, merchandise, pack- 
 ages and other things to be charged for and received by each 
 express company or carriers by express, separately or conjointly, 
 
 796 on all such property, money, parcels, merchandise, packages and 
 other things which by the contract of carriage are to be trans- 
 ported separately or conjointly by such express companies or 
 carriers by express doing business over the line of any railroad or 
 other carrier between points wholly within the state, which rates 
 or charges shall be made to apply to all such express companies 
 or express carriers. Same, sec. 2i6j{b). 
 
 Within six months from the taking effect of this act, com- 
 mission shall prepare and make for each express company doing 
 business in this state a schedule of reasonable maximimi charges 
 
 797 of rates for transporting property, money, parcels, merchandise, 
 packages and other things carried by such express company or 
 companies between points wholly within the state. Same, sec. 
 2i6s{c). 
 
 KANSAS Commission may prescribe reasonable maxi- 
 
 mum rates, not exceeding the rates set forth in section three 
 hereof,^ which shall be charged for the transportation of oil,^ 
 which rate shall be binding on every such person, firm, associa- 
 tion or corporation after its publication in the official state 
 paper; pro\dded, the reasonableness of such rates may be tested 
 by proceedings therefor in any coiurt of competent jurisdiction 
 in the state, and such covirt shall upon hearing the same, make 
 such order as shall be proper, and such order may be reviewed 
 by the supreme court as other civil proceedings regardless of 
 sum or value involved; provided, before beginning such pro- 
 
 798 ceedings in court to test such matters, such person, firm, asso- 
 ciation or corporation shall execute a bond to the state of Kan- 
 sas, in such reasonable sum as the judge of the court in which 
 such matter is brought shall order, conditioned that the person, 
 firm, association or corporation making such application will 
 promptly pay to any shipper the difference between the rate 
 received for transporting oil and the rate finally ordered by such 
 court. When such maximtim rates shall be fixed by commis- 
 sion, the rates prescribed in section three of this act shall cease 
 to be in force, and the rates so fixed by commission shall govern, 
 as in this section provided. Gen. Stats, igog, sec. 3g64. 
 
 »Laws IQOS, ch. 315, sec. 3 (Gen. Stats. 1909,860.3963), establishing maximum rates 
 to be charged for the transportation of oil. 
 
 2 All pipe lines laid, built or maintained for the conveyance of crude oil within the 
 state are declared to be common carriers, and said conveyance of said oil shall be in the 
 manner and under the restrictions in this act providai. Gen. Stats. 1909, sec. 306x. 
 
 231 
 
LOUISIANA Commission shall adopt, change or make rea- 
 
 sonable and just rates, charges and regulations to govern and regu- 
 late railroad, steamboat and other water craft, and sleeping car, 
 freight and passenger tariffs and service, express rates and tele- 
 phone and telegraph charges, correct abuses and prevent unjust 
 discrimination and extortion in the rates for the same, on the 
 different railroads, steamboat and other water craft, sleeping car, 
 
 799 express, telephone and telegraph lines of the state and prevent 
 such companies from charging any greater compensation in the 
 ^-ggregate for the like kind of property or passengers or messages 
 for a shorter than a longer distance over the same line imless au- 
 thorized by commission to do so in special cases, and fix and adjust 
 rates between branch or short lines and the great trunk lines with 
 which they connect, and enforce the same by having the penal- 
 ties prescribed, inflicted through the proper courts having juris- 
 diction. Const., art. 284. 
 
 Whenever any rate, charge, rule, regulation, order or decision, 
 of commission, is contested in court, as provided by this consti- 
 tution, or by any amendment thereto, and the same is maintained 
 on final trial, by a court of competent jurisdiction, the railroad, 
 express, telephone, telegraph, steamboat or other water craft or 
 sleeping car company or corporation, contesting the same, shall 
 forfeit and pay to the state, the stim of not less than $10 nor 
 more than $50 per day for each day that the putting into effect 
 and operation of the rate, order, charge, rule, regulation or deci- 
 
 800 sion of commission which may have been suspended by such suit, 
 to be found and adjudged by the court in which such suit may 
 be brought and, in all cases, the said court shall, in its judgment, 
 maintaining the said rate, charge, rule, regulation, order or deci- 
 sion, enter up a decree and judgment against the plaintiff therein, 
 condemning such plaintiff to pay to the state the amount of the 
 said penalty or forfeiture so found and adjudged by it, which 
 amount, after deducting therefrom, the attorney's fees provided 
 by article 288 of this constitution, shall, when collected, be paid 
 into the state treasury, for account of the general school fund of 
 the state. Same, art. 286. 
 
 Commission shall adopt, change or make reasonable and just 
 charges or regulations to govern and regulate all pipe lines ^ in the 
 
 801 state through which gases or other liquids are conveyed from one 
 
 * All pipe lines, through which gases, oil, or other liquids are conveyed from one point 
 in the state to another point in the state, for a consideration, are hereby declared to be 
 common carriers, and are placed under the control of and subject to regulation by com- 
 mission. Stats. 1906, no. 36, sec. x. 
 
 232 
 
point in the state to another for a consideration. Stats. igo6, no 
 36, sec. 2. 
 
 MICHIGAN Commission may make, alter, amend or abol- 
 
 ish any rate or charge for telephone service, and may regulate by 
 
 802 rules or orders any service or facilities. Pub. Acts igii, no. ij8, 
 sec. 3. 
 
 Before any rate shall be fixed or established by commission, 
 it shall give the telephone company to be affected thereby at 
 least 30 days' notice of the time and place when and where a hear- 
 
 803 ing will be given said telephone company concerning the fixing or 
 establishing of said rate, and commission may compel the attend- 
 ance of witnesses as in cases arising imder act number 300 of the 
 public acts of 1909. Same, sec. g. 
 
 Commission shall furnish all telephone companies within 
 
 804 the state a copy of all rates, charges or tolls fixed or established by 
 commission. Same, sec. 20. 
 
 If any telephone company ^vithin the state shall violate any 
 of the provisions of the act, or shall, 30 days after the establish- 
 ing or fixing thereof, have failed, neglected or refused to observe 
 any rate, charge, toll or order fixed or established by commission, 
 unless the enforcement of same shall have been enjoined by a 
 court of competent jurisdiction or shall do or commit any other 
 
 805 thing or act in this act declared to be unlawful, or shall omit to do 
 or perform any act or thing, the omission to do which is in this 
 act declared to be unlawful, such telephone company shall forfeit 
 and pay to the state for the first offense not less than $50 nor more 
 than $1,090 and for each subsequent offense shall pay not less 
 than $100 nor more than $2,000. Any penalty herein provided 
 for shall be collected under the direction of the attorney general 
 in an action of assumpsit. Same, sec. 21. 
 
 MISSISSIPPI Railroads must be given ten days' notice of the 
 
 time and place at which any revision of its tariff of charges, or 
 
 806 complaint concerning the same, will be considered. Code igo6, 
 sec. 4833. 
 
 Every railroad or other common carrier shall furnish to com- 
 mission its tariff of charges for transporting passengers and freight 
 from point to point within and from points without to points 
 within and from points within to points without the state and 
 including all joint tariffs with connecting lines; and commission 
 shall revise such of said tariffs as are not subject to the exclusive 
 regulation of congress, and determine whether or not, and in what 
 
 233 
 
particular, any of the charges are more than reasonable compen- 
 sation for the services to be rendered and whether or not discrimi- 
 nation be made improperly against any person, corporation or 
 locality; and it shall require the proper corrections to be made; and 
 
 B07 when the tariffs have been corrected commission shall append to 
 each its certificate of approval; and commission shall fix and regu- 
 late tariffs of charges for all railroads or other common carriers 
 which fail to furnish their tariffs as required. It shall exercise a 
 watchful and careful supervision over the tariffs of charges of every 
 railroad and other common carrier, and shall revise the same from 
 time to time as justice to the public and the railroad and other 
 common carriers may require; and shall increase or reduce any of 
 the rates as experience and business operations show to be just. 
 Commission shall regulate and fix the rates to be charged on short 
 hauls in excess of what may be charged on long haiils; and it shall 
 determine in all cases whether the circimistances and conditions • 
 be or be not substantially similar. Same, sec. 4842. 
 
 Commission may fix the charges of and shall supervise and 
 regulate all persons, natural or artificial, who may own or operate 
 express, telegraph, telephone and sleeping car companies, car 
 ■ service associations or other associations governing or controlling 
 cars or rolling stock of railroads in the state in the same manner 
 as railroads; and it is the duty of each person, natural or artificial, 
 owning or operating such express, telegraph, telephone and sleep- 
 ing car company to have and maintain fixed rates for doing busi- 
 
 808 ness which shall without discrimination between persons, corpo- 
 rations or localities be applicable under similar circumstances to 
 all persons alike, to submit their tariff of charges of such compan- 
 ies to commission for approval, and to comply with the orders and 
 regulations of commission made in supervising their companies 
 in like manner and imder like penalties against their companies, 
 their officers and employes as is provided in the case of railroads; 
 and the persons, whether natural or artificial, owning or operating 
 such companies shall be liable civilly and criminally for extortion 
 in the same manner as railroads. Same, sec. 484J. 
 
 MISSOURI If any common carrier shall neglect or refuse 
 
 for a period of 30 days to file or publish its schedule of rates, fares 
 and charges, as provided for in sections 3179 to 3207, inclusive, 
 commission shall make out and print a schedule or schedules of 
 reasonable rates for such common carrier, and deliver copy or 
 copies of the same to such common carrier. Such delivery shall be 
 by messenger, by registered letter or by any sheriff in the state. 
 
 234 
 
It shall be the duty of every sheriff to serve and deliver the same 
 whenever directed thereto by an order of commission, and shall 
 return the same in like manner and with like effect to commission 
 as in case of simmions in civil suits. Such common carriers for 
 whom such schedules shall be made by commission shall keep the 
 
 809 same posted in their depots and stations, as required in said sec- 
 tions for schedules made out by them in compliance with law; 
 and the provisions of said sections concerning the schedules re- 
 quired to be made by commission and the changing thereof, shall 
 apply to the schedules made by commission as provided in this 
 section. The costs of preparing, printing and delivering said 
 schedules shall be paid by such common carrier, and shall be 
 specified in an order of commission entered of record, and a copy 
 of said order, certified by the secretary of commission shall in any 
 suit be prima facie evidence of the amount which ought to be paid, 
 and may be recovered in an action in the name of the state, at the 
 relation of commission, before any court or justice of the peace in 
 the state having jurisdiction of the amoimt thereof. Rev. Stats, 
 igog, sec. jiSg. 
 
 Commission shall fix, maintain and establish just and rea- 
 sonable freight rates on all classes of freight from, to and between 
 all points and stations upon and along all lines of railroad in the 
 
 810 state; and it shall fix, maintain and establish just and reasonable 
 reconsigning charges, switching rates and all other rates or charges 
 which may be added to the total charges for the transportation 
 of any freight within the state. Samey sec. 3251. 
 
 Commission may examine all officers, agents and employes 
 of said railroad companies, and all other persons, imder oath or 
 otherwise, procure the necessary information to make just and 
 reasonable freight rates or charges, and ascertain if the freight 
 
 811 rates so fixed by commission are being observed or violated. 
 Commission may administer oaths, issue subpoenas for persons 
 and papers, examine witnesses and enforce the same in like man- 
 ner as the circuit courts of the state. And in the issuance and en- 
 forcement of the papers and processes above, the jiuisdiction shall 
 be co-extensive with the state. Same, sec. 3252. 
 
 Commission may classify all articles of freight transported 
 on any railroads or parts of railroads owned, leased or occupied in 
 the state except the articles in special classes D, E, G, and H, 
 
 812 placing said articles in either of the general classes provided for, 
 or in any of said special classes, except D, E, G and H; and it 
 may reduce said rates on any of said railroads or parts of railroads, 
 
 235 
 
either in general or special classes, whenever in its judgment it 
 can be equitably done. Same, sec. 3258. 
 
 813 Also a provision identical with par. 796. Samey sec. 3288. 
 The railroad and warehouse commission, or any other public 
 
 service commission, if any, which may be hereafter established in 
 its place by law may prescribe and fix maximum rates of fare for 
 
 814 passenger travel within the state over the railroads therein. The 
 rates so prescribed and fixed shall not exceed the maximum for 
 such rates which is now or may hereafter be established by any 
 law of the state. Laws 1911, S. B. 283, sec. i. 
 
 Commission shall fix and regulate the rate of freight to be 
 charged and classify the same, and may enforce the same as is 
 
 815 now provided by law for common carriers and with like penalties 
 for violation of any of said rates when fixed by commission. 
 Same, sec. 2. 
 
 The board of railroad and warehouse commissioners, or any 
 other public service commission, if any, which may be hereafter 
 established in its place by law, may from time to time as changing 
 
 816 facts and conditions may warrant ascertain and determine anew 
 the class in which any railroad of the state may belong in accordance 
 with the classification under the provisions of section 2 of this act 
 and establish new maximum rates for each class. Same, sec. 3. 
 
 MONTANA Commission shall adopt as soon as practicable 
 
 all necessary rates, charges and regulation to govern and regulate 
 freight and passenger tariffs, correct abuses, and prevent unjust 
 
 817 discrimination and extortion in the rates of freight and passenger 
 tariffs on the different railroads in the state and make the same 
 effective by enforcing the penalties prescribed by law. Rev. 
 Codes iQoy, sec. 437 S- 
 
 Commission shall fairly and justly classify and subdivide 
 all freight and merchandise of whatsoever character that may be 
 
 818 transported over the railroads of the state into such general and 
 special classes or subdivisions as may be deemed necessary or 
 expedient. Same. 
 
 Commission may fix different rates for different railroads and 
 for different lines under the same management or for different 
 
 819 parts of the same lines, if found necessary to do justice, and may 
 make rates for express companies different from the rates fixed 
 for railroads. Same. 
 
 The rates, tolls or charges on any property which shall for 
 
 820 any reason remain unclassified by commission shall not in any 
 
 236, 1; 
 
event exceed the highest rates fixed for any classification by com- 
 mission. Same. 
 
 Commission shall make and establish reasonable rates for 
 
 821 the transportation of passengers over each and all of the railroads 
 and shall prescribe rates, tolls and charges for all other services 
 performed by any railroad. Same, sec. 4379. 
 
 When any schedule shall have been made or revised commis- 
 sion shall cause notice thereof to be published for two successive 
 weeks in some newspaper published in the city of Helena (which 
 notice shall state the date of taking effect of said schedule, and 
 said schedule shall take effect at the time so stated in such notice) , 
 and a printed notice of such schedule shall be conspicuously 
 posted by such common carrier in each freight office, and passen- 
 ger depot upon its lines; provided, that before finally fixing and 
 deciding what the original rates and classifications shall be, com- 
 mission shall publish ten days' notice in two daily papers, one of 
 
 822 which is published in the city of Helena, setting forth in such no- 
 tice that at a certain time and place it will proceed to fix and de- 
 termine such maximum rates and classifications; and it shall at 
 such time and place, and as soon as practicable, afford to any 
 person, firm, corporation or common carrier who may desire it, 
 an opportunity to make an explanation or showing or to furnish 
 information to commission on the subject of determining and 
 fixing such maximum rates and classifications. All classifications 
 and rates fixed and established by commission shall become 
 effective 20 days after the railroad affected thereby shall have 
 received certified copies thereof from commission. Same. 
 
 NEBRASKA. Commission shall make all necessary classifi- 
 
 cations and fix all necessary rates, charges and regulations to 
 govern and regulate the freight and passenger tariffs of railway 
 companies and common carriers, shall correct abuses and prevent 
 
 823 imjust discriminations, extortions and overcharges in rates of 
 freight and passenger tariffs on the different railroads in the state, 
 and shall enforce the same by having the penalties inflicted as 
 provided by law through proper courts having jurisdiction. 
 Cobbey^s Annot. Stats, igog, sec. io6jo{d). 
 
 Commission shall fairly and justly classify and subdivide 
 all freight and property of whatsoever character and descrijDtion 
 that may be transported over the railways of the state into such 
 general and special classes as may be found necessary and ex- 
 
 824 pedient and fix to each class and subdivision of freight a reason- 
 able rate for each railway company or common carrier for the 
 
 237 
 
transportation of each of said classes and subdivisions; the 
 classifications herein provided for shall apply to and be the same 
 for all railway companies or common carriers. Same, sec. 
 io6jo{e). 
 815 Also a provision identical with par. 819. Same, sec. io6^o(J). 
 
 Commission shall make and establish reasonable rates of 
 charges for each railway or common carrier for the use or trans- 
 portation of loaded or empty cars on its road; and may establish 
 
 826 for each railroad or for all railroads alike reasonable rates for the 
 storing and handling of freight and for the use of cars not unloaded 
 after 48 hours' notice to the consignee, not to include Sundays 
 and legal holidays. Same, sec. 10650Q1). 
 
 Until commission shall make the classifications and sched- 
 ules of rates as provided for by law and afterwards, if it deems 
 advisable, it may make partial or special classifications for all or 
 
 827 any of the railroads and fix the rates to be charged by the roads 
 therefor; and such classifications and rates shall be put into effect 
 in the manner provided for general classifications and schedules 
 of rates. Same, sec. 106 jj. 
 
 Commission shall fix, as soon as practicable, a schedule of 
 classification of rates and charges, except joint rates elsewhere 
 provided for, for the transportation of freights, passengers and 
 cars over the various lines of railroad in the state, and to that end 
 commission shall give the railroad company or common carrier 
 to be affected thereby ten days' notice of the time and place 
 when and where the rates will be fixed and any such railroad com- 
 
 828 pany or common carriers shall be entitled to be heard at such time 
 and place to the end that justice may be done ; and shall have proc- 
 ess to enforce the attendance of witnesses, to be served as in civil 
 cases. Said schedule of rates and charges so fixed and prescribed 
 shall go into effect not less than 30 days nor more than 60 days, 
 within the discretion of commission, after the same have been 
 completed and copies thereof mailed to the railway companies 
 and common carriers affected thereby. Same. 
 
 NEVADA Commission may prescribe just and reasonable 
 
 railroad classifications of freight; and may fix just and reasonable 
 charges for the transportation of all intrastate freight and intra- 
 state passengers, for sleeping car accommodations, for goods, mer- 
 
 829 chandise and all matter of every kind carried by express com- 
 panies within the state, for the transmission of messages by tele- 
 graph companies and for the use of telephone lines within the 
 
 238 
 
state. Stats, igoy, ch. 44, sec. 7, as amended hy Stats, igog, ch. 
 121, sec. 5. 
 
 Commission may prescribe classifications o'" the service of 
 
 830 all pubic utilities, and in such classifications may take into 
 account the quantity used, the time when used, and any other 
 reasonable consideration. Stats, igii, ch. 162, sec. 13. 
 
 NEW MEXICO Commission shall fix, determine, supervise, 
 
 regulate and control all charges and rates of railway, express, 
 
 831 telegraph, telephone, sleeping car and other transportation and 
 transmission companies and common carriers within the state. 
 Const. y art. xi., sec. y. 
 
 Commission shall determine no question nor issue any 
 order in relation to the matters specified in the preceding section, 
 
 832 until after a public hearing held upon ten days' notice to the 
 parties concerned, except in case of default after such notice. 
 Same, sec. 8. 
 
 NEW YORK Commission may establish such rules and regu- 
 
 lations to carry into effect the provisions of this subdivision as it 
 
 833 may deem necessary, and may modify or amend such rules or 
 regtdations from time to time. Laws 1910, ch. 480, sec. 66(12). 
 
 NORTH CAROLINA Commission shall make reasonable and just 
 rules as to charges by any company or corporation engaged in the 
 
 834 carriage of freight or express for the necessary handling and 
 delivery of the same at all stations. PeWs Revisal 1908, sec. 
 1094(2). 
 
 Commission shall make just and reasonable rates of charges 
 for the transmission and delivery of messages by any telegraph 
 
 835 company and shall make just and reasonable rates of charges for 
 the rental of telephones and ftunishing of telephonic communi- 
 cation by any telephone company or corporation. Same, sec. 
 iog6. 
 
 Commission shall make reasonable and just rates (i) of 
 freight, passenger and express tariffs for railroads, street railways, 
 steamboats, canal and express companies or corporations and all 
 other transportation companies or corporations engaged in the 
 carriage of freight, express or passengers; (2) for the through 
 transportation of freight, express or passengers; (3) of charges for 
 the transportation of packages by any express company or cor- 
 poration; (4) of charges for the use of railroad cars carrying 
 
 836 freight or passengers; (5) niles and regulations as to contracts 
 
 239 
 
entered into by any railroad company or corporation to carry 
 over its line or any part thereof a car or cars of any other company 
 or corporation; (6) rules and regulations as to contracts entered 
 into by any railroad rates on grain, or lumber to be dressed and 
 shipped over the line of the railroad company on which such 
 freight originated; (7) conjointly with such railroad companies, 
 shall have authority to make special rates for the purpose of 
 developing all maniifacturing, mining, milling and internal im- 
 provements in the state. Same, sec. logg. 
 
 Nothing in this chapter shall prohibit railroad or steamboat 
 companies from making special passenger rates with excursion 
 
 837 or other parties, also rates on such freights as are necessary for 
 the comfort of such parties, subject to the approval of commis- 
 sion. Same. 
 
 NORTH DAKOTA Commission may prescribajust and reasonable 
 classifications of freight and fix and prescribe just and reasonable 
 schedules of charges for the transportation of intrastate freight 
 and intrastate passengers, for sleeping car accommodations, for 
 
 838 goods and all matter of every kind carried by express companies 
 within the state, for the transmission of messages by telegraph 
 and telephone companies and for the use. of telephone lines within 
 the state. Rev. Codes igoj, sec. 4343, as amended hy Laws 1911, 
 ch. 2 $5, sec. 2. 
 
 When any schedule shall have been made or revised, commis- 
 sion shall forthwith serve a copy of said schedtile upon such rail- 
 road, railroad corporation or common carrier affected thereby and 
 a notice stating when such schedule shall go into effect and cause 
 
 839 notice thereof to be published for two consecutive weeks in one 
 public newspaper published in each judicial district in the state, 
 which notice shall state the fact that a new schedule has been 
 made and the date of the taking effect of such schedtde, and said 
 schedule shall take effect at the time so stated in such notice. 
 Same. 
 
 Before finally fixing and deciding what the original maximum 
 rates and classifications shall be commission shall cause notice 
 of such meeting to be given each common carrier affected thereby 
 by mailing a notice thereof addressed to the managing officer 
 thereof at the address given in the last report of such common 
 
 840 carrier to the secretary of state, or to such address as may have 
 been given to and filed with commission, at least 30 days before 
 the date of such hearing, and publish ten days' notice in two daily 
 papers published in the state, setting forth in such notice that at 
 
 240 
 
a certain time and place it will proceed to fix and determine such 
 maximum rates and classifications. Same. 
 
 And it sliall at such time and place and as soon as practicable 
 afford to any person, firm, corporation, railroad, railroad corpora- 
 
 841 tion or common carrier who may desire it an opportunity to make 
 an explanation or showing or to furnish information to commis- 
 sion on the subject of determining and fixing such maximum 
 rates, fares and classifications. Same. 
 
 The schedule of rates, fares and classifications of freights or 
 
 842 property on all lines of railroad, railroad corporations and com- 
 mon carriers shall be fixed within 60 days from the taking effect 
 of this article. Same. 
 
 OKLAHOMA Commission shall from time to time prescribe 
 
 and enforce against transportation and transmission companies, 
 in the manner hereinafter authorized, such rates, charges, classifi- 
 
 843 cations of traffic and rules and regulations and shall require them 
 to establish and maintain all such public service facilities and 
 conveniences as may be reasonable and just. Const., art. ix., 
 sec. 18. 
 
 Before commission shall prescribe or fix any rate, charge or 
 classification of traffic, and before it shall make any order, rule, 
 regulation or requirement directed against any one or more com- 
 panies by name, the company or companies to be affected by such 
 rate, charge, classification, order, rule, regulation, or requirement, 
 
 844 shall first be given by commission, at least ten days' notice of the 
 time and place when and where the contemplated action in the 
 premises will be considered and disposed of, and shall be afforded 
 a reasonable opportunity to introduce evidence and to be heard 
 thereon, to the end that justice may be done, and shall have 
 process to enforce the attendance of witnesses. Same. 
 
 Before commission shall make or prescribe any general order, 
 rule, regulation or requirement not directed against any specific 
 company or companies by name, the contemplated general order, 
 rule, regulation, or requirement shall first be published in sub- 
 stance not less than once a week, for four consecutive weeks, in 
 one or more of the newspapers of general circulation published 
 in the county in which the capitol of this state may be located, 
 846 together with the notice of the time and place, when and where 
 commission will hear any objections which may be urged by any 
 person interested, against the proposed order, rule, regulation, or 
 requirement; and every such general order, rule, regulation or 
 requirement, made by commission, shall be published at length, 
 
 241 
 
for the time and in the manner above specified, before it shall 
 go into effect, and shall also, so long as it remains in force, be pub- 
 lished in each subsequent annual report of commission. Same. 
 The authority of commission (subject to review on appeal as 
 hereinafter provided) to prescribe rates, charges and classifications 
 of traffic for transportation and transmission companies shall, sub- 
 ject to regulation by law, be paramount, but its authority to pre- 
 scribe any other rules, regulations or requirements for corpora- 
 tions or other persons shall be subject to the superior authority 
 of the legislature to legislate thereon by general laws; provided, 
 
 846 however, that nothing in this section shall impair the rights which 
 have heretofore been or may hereafter be conferred by law upon 
 the authorities of any city, town or coimty to prescribe rules, 
 regulations or rate of charges to be observed by any public service 
 corporation in connection with any services performed by it under 
 a municipal or county franchise granted by such city, town or 
 coimty so far as such services may be wholly within the limits of 
 the city, town or county granting the franchise. Same. 
 
 OREGON See par. 4520. 
 
 SOUTH CAROLINA The powers conferred upon commission to fix 
 passenger and freight rates, joint and several, are delegated to it 
 
 847 by general assembly as fully as the general assembly itself could 
 exercise them. Gen. Stats. igo2, sec. 2082. 
 
 Commission in arriving at its conclusion and decisions as to 
 what are just and reasonable rates, and in making examinations 
 for such purpose, shall have the powers conferred in sections 2077, 
 2078, 2079 and 2080 for securing the attendance of witnesses, 
 
 848 reports and testimony of officers, agents or employes of railroad 
 companies, and for the production of books and papers; and for 
 violation of the provisions of this section, the same penalties are 
 hereby imposed as are provided in said sections respectively; and 
 such witnesses shall receive the compensation prescribed in sec- 
 tion 2077. Same. 
 
 Commissioners may examine all agents and employes of 
 said railroad companies and other persons under oath and other- 
 wise, in order to procure the necessary information to make just 
 and reasonable rates of freight and passenger tariffs, and ascer- 
 
 849 tain if such rules ancj regulations are observed or violated, and 
 make necessary and proper rules and regulations concerning 
 such examinations, and which rules and regulations herein pro- 
 vided for shall be obeyed and enforced as all other rules and reg- 
 ulations provided for in this chapter. Same. 
 
 242 
 
Also provisions substantially identical with pars. 783, 784, 
 860 except that "but said passenger rates shall not exceed the 
 maximum prescribed in section 2165" is included in par. 783. 
 Same, sees. 2og2, 2ogj, 
 
 Commission shall fix and regulate the rates or tolls to be 
 charged by the owners or operators of aU telephone lines, stations 
 or exchanges for the transmission of intelligence for hire and 
 require reasonable connections to be made and maintained when 
 practicable between such lines, stations or exchanges and fix and 
 regulate reasonable rates, tolls and compensation therefor, and 
 also require reasonable connections to be made and maintained 
 when practicable between any such lines, stations or exchanges 
 and the lines or stations of private individuals, firms or corpora- 
 tions desiring such connections, and fix and regulate the rates, 
 tolls or compensation therefor; and also make and enforce rules 
 and regulations by which all persons, firms, or corporations 
 owning or operating telephone lines, stations or exchanges in 
 the state for the transmission of intelligence for hire shall be 
 
 851 governed in the conduct of said business; provided, that in the 
 cities and towns where franchises have been granted by any 
 city or town to operate and maintain a telephone exchange or 
 exchanges and the rates and tolls are fixed in any such 
 franchise so granted, nothing herein shall permit any increase 
 in the rates and tolls so fixed for service now furnished, whether 
 local or otherwise, except by agreement with the municipal au- 
 thorities in any such city or town and the subscribers; provided, 
 further, that except by agreement with subscribers no change 
 shall be made in any existing rates without a hearing by commis- 
 sion which shall be had at such time and place as shall be desig- 
 nated by commission most convenient to the parties interested 
 and of which commission shall publish a notice in at least one 
 newspaper most likely to give notice to the parties interested once 
 a week for at least iovn weeks. Laws 1904, no. 281, sec. i. 
 
 A public service commission appointed as provided by law 
 shall be authorized to fix and establish in all cities of the state 
 now and hereafter incorporated under any general or special law 
 
 862 of the state maximtmi rates and charges for the supply of water, 
 gas or electricity furnished by any person, firm or corporation to 
 such city and the inhabitants thereof, such rates to be reasonable 
 and just. Laws 1910, no. 286, sec. 1/ 
 
 » Upon complaint in writing of 20 or more citizens to the mayor or council of any such city, 
 that any person, firm or corporation is chargfing an unjust or unreasonable rate for water, gas 
 or electricity, furnished by the same, the said city, mayor or council may request the public 
 service commission to stimmon such person, the members of such firm or the officers of 
 
 243 
 
Anyjperson, firm"'or corporation now or hereafter owning 
 or operating such water, gas or electric plant, who shall fail or 
 refuse to accept the rate fixed by commission to be charged for 
 water, gas or electricity, and instead thereof shall charge, demand 
 or receive a greater amount than that fixed by commission 
 aforesaid, shall be deemed guilty of a misdemeanor and upon 
 
 853 conviction thereof shall be fined in any sum not less than $25 
 nor more than $100, and each overcharge to any consumer of 
 water, gas or electricity shall constitute a separate offense, to 
 be recovered in any court of competent jurisdiction, one-half of 
 such fine as may be imposed going to the informer and the 
 other half to go to such city where the complaint arises. Same, 
 sec. 3. 
 
 The provisions of this act shall not apply to the cities of 
 
 854 Charleston, Marion, Spartanburg, Sumter and Union or the town 
 of Conway. Same, sec. 5. 
 
 See also par. 1936. 
 
 SOUTH DAKOTA Commission shall make for each of the railroad 
 corporations as soon as practicable a schedule of reasonable maxi- 
 miim fares and rates of charges for the transportation of passen- 
 
 855 gers, freight and cars on each of said railroads, and said power to 
 make schedules shall include the power of classification of all such 
 freights and commission shall make such classification. Rev. 
 Pol. Code igo3, sec. 450. 
 
 Provided, the maximum compensation per mile for the trans- 
 portation of any person with ordinary baggage not exceeding 150 
 pounds shall not be more than two and one-half cents per mile 
 between points where the distance traversed is entirely within the 
 
 856 state, except upon narrow gauge railroads, and commission shall 
 for the purpose of making a maximimi fare and charges for the 
 transportation of passengers and freight classify said railroads as 
 far as practicable according to the gross amoimt of their respec- 
 tive annual earnings per mile within the state for the three years 
 preceding the time of making the classification. Same. 
 
 When any schedule shall have been made or revised as pro- 
 vided by law commission shall cause notice thereof to be pub- 
 lished for two successive weeks in two public newspapers pub- 
 such corporation to appear before them, with their books relating to such matters, when 
 such examination shall be made as may be necessary to determine whether or not the said 
 rates are unjust or unreasonable; and if upon such examination the said public service com- 
 mission shall determine that the said rates are unreasonable or unjust, it shall be their 
 duty to fix such rates to be paid for water, gas or electricity as they may deem to be just 
 and reasonable; provided, that in case the said public service commission shall fix unjust 
 and unreasonable rates the same may be reviewed and determined by the circuit court 
 of the county in which such city is located. Acts iqio, ho. 286, sec. 2. 
 
 244 
 
857 lished, one in the county of Minnehaha and one in the county 
 of Lawrence in the state, which notice shall state the date of the 
 taking effect of such schedule and said schedule shall take effect 
 at the time so stated in such notice. Same. 
 
 Before finally fixing and deciding what the original maximum 
 rates and fares and classifications shall be, commission shall 
 publish ten days' notice in two daily papers published, one in the 
 county of Mianehaha, another in the county of Lawrence, setting 
 forth in such notice that at a certain time and place it will proceed 
 
 858 to fix and determine such maximum rates, fares and classifica- 
 tions, and commission shall at such time and place and as soon as 
 practicable afford to any person, firm or corporation or common 
 carrier who may desire it an opportunity to make an explanation 
 or showing or to furnish information to commission on the subject 
 of determining and fixing such maximum rates and classifications. 
 Same. 
 
 Before commission shall make any individual rate or schedule 
 of maximimi telephone rates or order any connections, commis- 
 sion shall give ten days' notice of the time and place when and 
 where it will meet to fix and determine such rates and order con- 
 nection, by sending notices to said company or owner by regis- 
 
 859 tered mail, at the place of business of said company or owner as 
 given in its report filed tmder the provisions of section four of this 
 act, and any person may appear at such hearing and be heard or 
 examined by commission, touching the question under consider- 
 ation. Sess. Laws igog, ch. 28g, sec. 5, as amended by Sess. Laws 
 igii, ch. 218, sec. j. 
 
 A certified copy of every order of commission affecting the 
 rates of any telephone company shall be served upon an officer 
 
 860 or station agent of such company or may be mailed to said com- 
 pany at the place of business given in its filed report, and shall take 
 effect and become operative 20 days after such service, unless com- 
 mission shall otherwise order. Same, sec. g. 
 
 Commission shall within 60 days after this act goes into effect 
 prepare for each of the express companies a uniform schedule or 
 schedules of reasonable maximum rates of charges for the trans- 
 portation of express freight between stations within the state over 
 
 861 lines of railway wholly within the state. The schedule or sched- 
 ules so prepared shall take effect and be in force at such time as 
 may be specified by commission in its order adopting such sched- 
 ule which shall be in no event later than ten days after the expira- 
 tion of the 60 days above designated. Sess. Laws igii, ch. ij2, 
 sec. I. 
 
 24s 
 
The order of commission adopting such schedule or schedules 
 
 862 of rates shall be enforced in the same manner as now provided 
 by law for the enforcement of any other order made by com- 
 mission. SamCj sec, 2. 
 
 Commission shaU make for each of the common carriers 
 doing business in the state a schedule of reasonable maximum 
 fares and rates of charges for the transportation or transmission 
 of passengers, freight, cars, express and messages by telephone on 
 or over each of said common carriers, and said power to make 
 
 863 schedtiles shall include the power of classification of all such 
 freights, express and messages by telephone and commission 
 shall make such classification. Commission may fix different 
 rates or schedules of rates for different common carriers and for 
 different lines and different parts of the same line of any common 
 carrier. Sess. Laws igii, ch. 2oy, sec. 20. 
 
 When any schedule shall have been made or revised commis- 
 sion shall cause notice thereof to be given each common carrier by 
 serving such notice with a copy of said schedule attached thereto 
 upon any station agent, clerk, superintendent, secretary, pres- 
 
 864 ident or directors of such common carrier within the state or 
 by mailing said notice and schedule to any such agent or to any 
 such officer of such common carrier, which notice shall state the 
 date of the taking effect of said schedule, and said schediile shall 
 take effect at the time so stated in such notice. Same. 
 
 Before finally fixing and deciding what the original maximimi 
 rates and fares and classifications shall be commission shall serve 
 upon each common carrier in the manner provided in this section 
 for giving notice of the taking effect of any schedule, at least ten 
 days' notice of the time and place when and where commission 
 
 865 will proceed to fix and determine such maximum rates, fares and 
 charges and commission will at such time and place and as soon as 
 practicable afford to any person, firm or corporation or common 
 carrier who may desire it an opportunity to make an explanation 
 or showing or to furnish information to commission on the sub- 
 ject of determining and fixing such maximum rates and charges. 
 Same. 
 
 Commission may fix and regulate aU switching charges ex- 
 acted by any common carrier engaged in intrastate commerce 
 
 866 and classify all common carriers doing business in the state, as 
 well as make full and complete classifications of freight, express 
 and telephone messages. Same, sec. 50. 
 
 Commission may fix and determine any and all rates and 
 
 246 
 
867 charges for the transmission of any message by telephone or any 
 service in connection therewith, including individual rates as 
 well as schedules of rates. Same, sec. 52. 
 
 Commission may fix and determine any and all charges made 
 
 868 to the public for the carrying of express freight. Same, sec. 55. 
 
 See also par. 342. 
 
 TENNESSEE Commission shaU supervise and fix the rates, 
 
 charges and regulations of railroad freight and passenger tariffs; 
 correct abuses and prevent imjust discrimination and extortions 
 in the rates for freight and passenger tariffs on the different rail- 
 
 869 roads in the state, and require the location of such depots and the 
 establishment of such freight and passenger buildings as the con- 
 ditions of the roads, safety of freight, and public comfort may 
 require. Acts iSgy, ch. 10, sec. 8(1), as amended by Acts igoy, ch. 
 jpo, sec. 2. 
 
 All persons or corporations owning or operating a railroad in 
 the state shall within 30 days after the passage of this act furnish 
 commission with their tariff of charges for transportation of every 
 kind, and commission shall revise said tariff charges so furnished 
 and determine whether or not and in what particular, if any, said 
 
 870 charges are more than just compensation for the service rendered, 
 and whether or not unjust discrimination is made in such tariff 
 of charges against any person, locality or corporation, and when 
 such charges are corrected, as provided by commission, commis- 
 sion shall then append a certificate of its approval to said tariff 
 of charges. Same, sec. 22. 
 
 Commission shall exercise a careful and watchftil supervi- 
 sion over every tariff of charges from time to time as justice to 
 the public and each of the railroads may require and increase or 
 
 871 reduce any of said rates according as experience and business 
 operations may show to be just ; and commission shall accordingly 
 fix the tariffs of charges for those railroads failing to furnish tariffs 
 of charges as above required. Same. 
 
 When any change is contemplated to be made in the schedule 
 of passenger or freight rates of any railroad by commission, 
 whether by revising rates already fixed by commission or by fixing 
 
 872 and establishing rates originally, commission shall give the per- 
 son or corporation operating or managing said railroad notice 
 in writing at least ten days before the change of the time and place 
 at which such change may be considered. Same. 
 
 Where any city or town in the state has competition existing 
 in freight rates between railroads and rivers commission shall 
 
 247 
 
873 regulate the freight rates of all railroads in the cities or towns so 
 situated, according to the rates fixed and charged by river trans- 
 portation companies in competition with such railroads. Same, 
 sec. 34. 
 
 TEXAS Commission shall adopt all necessary rates, 
 
 charges and regulations to govern and regulate railroad freight and 
 passenger tariffs, shall correct abuses and prevent unjust discrim- 
 
 874 ination and extortion in the rates of freight and passenger tariffs 
 on the different railroads in the state, and shall enforce the same 
 by having the penalties inflicted as by law prescribed through 
 proper courts having jurisdiction. Sayles^ Civ. Stats. i8gy, art. 4562. 
 
 876 Also provision substantially identical with pars. 818, 819. 
 
 Same, arts. 4^62(1), 4^62(4). 
 
 Commission shall fix to each class or subdivision of freight a 
 
 876 reasonable rate for each railroad for the transportation of each of 
 said classes and subdivisions. Same, art. 4^62(2). 
 
 The classifications herein provided for shall apply to and 
 
 877 be the same for all railroads subject to the provisions of this 
 chapter. Same, sec. 4^62(3). 
 
 878 Also a provision identical with par. 827. Same, art. 456 2{'/). 
 Before any rates shall be established, commission shall give 
 
 the railroad company to be affected thereby ten days' notice of 
 the time and place when and where the rates shall be fixed; and 
 
 879 said railroad company shall be entitled to be heard at such time 
 and place to the end that justice may be done; and it shall have 
 process to enforce the attendance of its witnesses. All process 
 herein provided for shall be served as in civil cases. Same, art. 
 
 4563- 
 
 Commission shall, as soon as the classifications and schedules 
 of rates provided by law are prepared by it, fiimish each railroad 
 with a complete schedule in suitable form showing the classifica- 
 tion of freight made by it and the rates fixed by commission to be 
 charged by said road for the transportation of each class of freight, 
 
 880 and shall cause a certified copy of such classification and schedule 
 of rates to be delivered to each of said railroads at its principal 
 office in the state, if it has such office in the state, and if not, 
 then to any agent of said company in the state, which said 
 schedule, rules and regulations shall take effect at the date which 
 may be fixed by commission not less than 20 days. Same, art. 4567. 
 
 In all cases where the rates shall not have been fixed by com- 
 
 881 mission no changes shall be made except after ten days' notice to 
 and consent of commission. Same. 
 
 248 
 
Commission shall fix and establish reasonable and just rate? 
 of charges for each class or kind of property, money, papers, pack- 
 ages and other things to be charged for and received by each 
 express company on all such property, money, papers, packages 
 and things which by the contract of carriage are to be transported 
 
 882 by said express company between points wholly within the state, 
 which rates or charges may be made to apply to all such com- 
 panies. Commission shall have the same power to make and pre- 
 scribe such rules and regtilations for the government and control 
 of such express companies as is or may be conferred upon com- 
 mission for the regulation of railroads. Same, art. 4582. 
 
 VIRGINIA Provisions substantially identical with pars. 
 
 843, 844, 845, 846, except that par. 845 requires that the news- 
 
 883 papers in which publication is made shall be published in the 
 city of Richmond, Virginia. Const., sec. i^6{b). 
 
 Commission shall from time to time make and enforce such 
 requirements, rules and regulations as may be necessary to pre- 
 vent unjust or unreasonable discrimination by any transportation 
 
 884 or transmission company in favor of or against any person, local- 
 ity, community, connecting line or kind of traffic in the matter 
 of car service, train or boat schedule, efficiency of transportation 
 or otherwise in connection with the public duties of such com- 
 panies. Same. 
 
 WISCONSIN Commission shall provide for a comprehensive 
 
 classification of service for each public utility and such classifi- 
 cation may take into accoimt the quantity used, the time when 
 used, the purpose for which used, and any other reasonable con- 
 sideration. Each public utility is required to conform its sched- 
 ules of rates, tolls and charges to such classification. Laws iQoy, 
 ch. 4QQ, ."iec. ijgym — 55. 
 
 249 
 
C. AUTHORITY OF COMMISSION ON ITS 
 OWN MOTION OR ON COMPLAINT 
 AFTER INVESTIGATION TO CHANGE 
 RATES AND CHARGES PREVIOUSLY 
 IN FORCE AND TO FIX, ESTABLISH 
 OR PRESCRIBE OTHERS IN LIEU 
 THEREOF TO BE FOLLOWED IN 
 THE FUTURE. 
 
 UNITED STATES Whenever a carrier by railroad shall in com- 
 petition with a water route or routes reduce the rate on the car- 
 riage of any species of freight to or from competitive points it 
 
 886 shall not be permitted to increase such rates unless after hearing 
 by commission it shall be found that such proposed increase rests 
 upon changed conditions other than the elimination of water 
 competition. Act to Regulate Commerce, sec. 4. 
 
 Whenever after full hearing upon a complaint made as pro- 
 vided in section 13 of this act, or after full hearing under an order 
 for investigation and hearing made by commission on its own 
 initiative (either in extension of any pending complaint or with- 
 out any complaint whatever) commission shall be of opinion 
 that any individual or joint rates or charges whatsoever, de- 
 manded, charged or collected by any common carrier or carriers 
 for the transportation of persons or property, or for the trans- 
 mission of messages by telegraph or telephone, or that any 
 individual or joint classifications, regulations, or practices what- 
 soever of such carrier or carriers are unjust or unreasonable or im- 
 justly discriminatory or unduly preferential or prejudicial or 
 
 887 otherwise in violation of any of the provisions of this act, com- 
 mission may determine and prescribe what will be just and 
 reasonable individual or joint rate or rates, charge or charges to 
 be thereafter observed in such case as the maximum to be charged, 
 and what individual or joint classification, regulation or practice 
 is just, fair and reasonable to be thereafter followed, and may 
 make an order that the carrier or carriers shall cease and desist 
 from such violation to the extent to which commission finds the 
 same to exist, and shall not thereafter publish, demand or col- 
 lect any rate or charge for such transportation or transmission in 
 excess of the maximum rate or charge so prescribed, and shall 
 
 250 
 
adopt the classification and shall conform to and observe the 
 regulation or practice so prescribed. Same, sec. 15. 
 
 ALABAMA Upon complaint of any person, firm, corpora- 
 
 tion or association, or of any mercantile, "agricultiiral, or manu- 
 facturing society or of any body politic or municipal organiza- 
 tion, that any of the rates, fares, charges or classifications, or 
 any joint rate or rates, are in any respect unreasonable, or un- 
 justly discriminatory, or that any regulation or practice whatso- 
 ever, affecting the transportation of persons or property, or any 
 
 888 service in connection therewith, are in any respect unreasonable 
 or unjustly discriminatory, or that any regiilation or practice 
 whatsoever affecting the transportation of persons or property or 
 any service in connection therewith, are in any respect unreason- 
 able or unjustly discriminatory, or that any service is inade- 
 quate, commission may notify the transportation company com- 
 plained of that complaint has been made, and ten days after 
 such notice has been given commission may proceed to investi- 
 gate the same as hereinafter provided. Code igoj, sec. 5667. 
 
 Before proceeding to make such investigation, commission 
 shall give the transportation company and the complainant ten 
 days' notice of the time and place when and where such matters 
 
 889 will be considered and determined, and said parties shah be en- 
 titled to be heard, through themselves or their counsel, and shall 
 have process to enforce the attendance of witnesses. Same, sec. 
 5668. 
 
 If upon investigation, the rate or rates, fares, charges or 
 classification, or any joint rate or rates or any regulation, prac- 
 tice or service complained of shall be found to be unreasonable 
 or imjustly discriminatory, or the service shall be found to be in- 
 adequate, commission may fix and order substituted therefor such 
 
 890 rate or rates, fares, charges or classifications as it shall have de- 
 termined to be just and reasonable, and which shall be charged, 
 imposed and followed in the future, and may make such orders 
 respecting such regulation, practice or service as it shall deter- 
 mine to be reasonable and which shall be observed and followed 
 in the future. Same, sec. 566g. 
 
 Commission may, when complaint is made of more than one 
 rate or charge, order separate hearings thereon, and may con- 
 
 891 sider and determine the several matters complained of separately 
 and at such time as it may prescribe. No complaint shall at any 
 time be dismissed because of the absence of direct damage to the 
 complainant. Same, sec. 5670. 
 
 251 
 
Whenever commission may believe that any rate or charge 
 may be unreasonable, or unjustly discriminatory or that any 
 service is inadequate and that an investigation relating thereto 
 should be made, it may on its own motion investigate the same. 
 If after making such investigation commission becomes satisfied 
 that sufficient grounds exist to warrant a hearing to determine 
 
 892 whether the rate or charge so investigated is unreasonable or 
 unjustly discriminatory or whether the service investigated is in- 
 adequate it shall furnish the transportation company or compa- 
 nies interested a statement setting forth the rate, charge or serv- 
 ice investigated, which said statement shall be accompanied by 
 a notice fixing the time and place for hearing on such rate, charge 
 or service as the case may be. Same, sec. 56^1. 
 
 Notice may also be given to other parties in interest, and 
 shall be given at least ten days in advance of any hearing, and 
 
 893 thereafter proceedings shall be had and conducted in reference to 
 the matter investigated pursuant to the provisions of sections 
 5667 and 5668 of this chapter. Same. 
 
 This shall be construed to permit any transportation com- 
 pany to make a complaint with like effect as though made by any 
 
 894 person, firm, corporation or association, mercantile, agricultural 
 or manufacturing society, body politic or municipal organization. 
 Same. 
 
 Whenever upon an investigation made under the pro- 
 visions of this chapter commission shall find any existing rate or 
 rates or any regulation or practice whatsoever, affecting the 
 transportation of persons or property or any service in connec- 
 tion therewith unreasonable or unjustly discriminatory or any 
 service inadequate it shall so determine and by order fix a reason- 
 
 895 able rate, fare, charge, classification or joint rate to be imposed, 
 observed and followed in the future in lieu of that found to be un- 
 reasonable or unjustly discriminatory or inadequate as the case 
 may be, and it shall cause a certified copy of such order to be de- 
 livered to any officer, superintendent or station agent of the 
 transportation company affected thereby, which order shall of 
 its own force take effect and become operative, 20 days after 
 the service thereof. Same, sec. j6y8. 
 
 All transportation companies to which the order applies 
 shall make such changes in their schedules on file as may be nec- 
 essary to make the same conform to said order, where such order 
 
 896 relates to rates, fares, charges, or classification, and no change 
 shall be made by any transportation company in the rates, fares. 
 
 252 
 
charges or classification, or joint rate or rates or in the service or 
 
 practice so ordered, without the approval of commission. Same. 
 
 Certified copies of all orders of commission shall in like man- 
 
 897 ner be delivered to the transportation company affected thereby, 
 and the same shall take effect within such time thereafter as com- 
 mission shall prescribe. Same. 
 
 ARIZONA, CALIFORNIA 
 
 Whenever commission, after a hearing had 
 upon its own motion or upon complaint, shall find that the rates, 
 fares, tolls, rentals, charges, or classifications, or any of them, de- 
 manded, observed, charged, or collected by any public service 
 corporation^ for any service or product or commodity, or in con- 
 nection therewith, including the rates or fares for excursion, or 
 commutation tickets, or that the rules, regulations, practices, or 
 contracts, or any of them, affecting such rates, fares, tolls, 
 
 898 rentals, charges or classifications, or any of them are unjust, un- 
 reasonable, discriminatory or preferential, or in anywise in viola- 
 tion of any provision of law, or that such rates, fares, tolls, 
 rentals, charges, or classifications are insufficient, commission 
 shall determine the just, reasonable, or sufficient rates, fares, 
 tolls, rentals, charges, classifications, rules, regulations, practices, 
 or contracts to be thereafter observed and in force, and shall fix 
 the same by order as hereinafter provided. Ariz. — Sess. Laws 
 igi2, oh. go, sec. 32(a). Cal. — Stats, igii, ist. ex. sess., ch. 14^ 
 sec. 32(a). 
 
 Commission may, upon a hearing, had upon its own motion 
 or upon complaint, investigate a single rate, fare, toll, rental, 
 charge, classification, rule, regulation, contract, or practice, or 
 any num^ber thereof, or the entire schedule or schedules of rates, 
 
 899 fares, tolls, rentals, charges, classifications, rules, regulations, con- 
 tracts and practices, or any thereof, of any public service corpora- 
 tion,^ and establish new rates, fares, tolls, rentals, charges, class- 
 ifications, rules, regulations, contracts, or practices, or schedule or 
 schedules, in lieu thereof. Ariz. — Same, sec. 32(h), Cal. — Same, 
 sec. 32(b). 
 
 See also pars. 36^4, 36^6. 
 
 COLORADO Commission shall, whenever after full hearing 
 
 upon a complaint made as provided herein, or upon complaint 
 of any common carrier, shipper, consignee, or applicant for cars, 
 it shall be of opinion that any of the rates or charges complained 
 
 "iPublic utility," in California. 
 
 253 . 
 
of and demanded, charged or collected by any common carrier or 
 common carriers affecting such rates or charges are xmjust or un- 
 reasonable, or are unjustly discriminatory or unduly preferential 
 or prejudicial or otherwise in violation of any of the provisions of 
 
 900 this act, determine and prescribe in what respect such rate?, 
 charges, regiilations or practices are unjust or unreasonable, or 
 unjustly discriminatory or unduly preferential or prejudicial or 
 otherwise in violation of any of the provisions of this act, and 
 make an order that the common carrier shall cease and desist 
 from such violation and shall not thereafter publish, demand or 
 collect such rate or charge for such transportation or seek to en- 
 force the regulation or practice, so determined to be unjust. 
 Laws iQio, sp. sess., ch. 5, sec. 15. 
 
 CONNECTICUT Any town, city, or borough within which or 
 
 between which, and any other town, city or borough in the state, 
 any public service company is furnishing service, or any ten pa- 
 trons of any such company, or any such company furnishing serv- 
 ice in accordance with or at rates prescribed by an order of com- 
 mission, may bring a written petition to commission alleging that 
 the rates or charges made by such company or prescribed by 
 commission are unreasonable or that the service furnished by such 
 company is inadequate to, or the service ordered by commission 
 exceeds, public necessity and convenience. Thereupon com- 
 
 901 mission shall fix a time and place for a hearing upon such petition 
 and shall mail notice thereof to the parties in interest and shall 
 give due public notice at least one week prior to such hearing. 
 Upon said hearing, commission may, if it finds such rates and 
 charges to be unreasonable or such service to be inadequate or 
 excessive, determine and prescribe an adequate service to be 
 thereafter furnished or just and reasonable maximtmi rates and 
 charges to be thereafter made by such company, and such com- 
 pany shall thereafter furnish the service so prescribed and shall 
 not thereafter demand any rate or charge in excess of the maxi- 
 mum rate or charge so prescribed. Pub. Acts ipii, ch. 128, 
 sec. 23. 
 
 See also par. 2315. 
 
 INDIANA Commission shall as provided by law from 
 
 time to time alter, change, amend to abolish any classifications 
 or rates established by any railroad company or companies 
 whenever found to be unjust, unreasonable or discriminative, and 
 make and substitute for said tinjust, imreasonable or discrimi- 
 native rates or classifications, amended, altered or new dassifica- 
 
 254 
 
902 tions or rates, which shall be put into effect by said railroad com- 
 pany or companies, and in case any carrier fails to have any rate 
 or schedule of rates to any point of its line, or on any connecting 
 line in the state, commission as provided by law may make and 
 order a rate or schedule of rates which shall be published and put 
 into effect by said carrier or carriers. Acts igoy, ch. 241, sec. 
 3id). 
 
 The power of commission extends to any case where any 
 person, firm, corporation or association or any mercantile, agri- 
 cultiiral or manufacturing society or any body politic or municipal 
 organization complain of anything done or omitted to be done by 
 any common carrier and shall apply to commission by petition 
 which shall briefly state the facts; whereupon a statement of the 
 charges thus made shall be forwarded by commission to such 
 common carrier who shall be called upon to satisfy the com- 
 plaint or to answer same in writing within a reasonable time to 
 be specified by commission. If such carrier shall not satisfy the 
 complaint within the time specified or there shall appear to be any 
 
 903 reasonable ground for investigating said complaint, commission 
 shall investigate the matters complained of, and no complaint 
 shall at any time be dismissed because of the absence of direct 
 damage to complainant. And commission may, after such in- 
 vestigation, make such corrections, alterations, changes or new 
 rules or regulations or rates as may be necessary to prevent in- 
 justice or discrimination to the party complaining or to any other 
 person, firm or corporation ; provided, that when any rate, charge, 
 classification, rule or regulation shall have been so made, changed, 
 modified or added to by commission such order shall operate for 
 the benefit of all persons or corporations situated similarly with 
 said complaining party. Same, sec. j(/f). 
 
 Before any rates or charges of railroads or express companies 
 or other carriers or coir panics shall be revised or changed under 
 the provisions of this act, and before any order shall be made by 
 commission changing the rules and regiilations of any such com- 
 pany respecting car service, the transfer or switching of cars from 
 one railroad to another, or respecting the location or construc- 
 tion of sidings and connections between roads or respecting joint 
 
 904 rates or charges by two or more such companies, commission 
 shall give the company or companies affected by such proposed 
 order or revision, not less than ten days' written notice of the 
 time and place where such rates or charges or the matters in- 
 volved in said proposed order shall be considered; and such com- 
 
 255 
 
pany shall be entitled to a hearing at the time and place specified 
 in such notice and shall have process to enforce the attendance of 
 witnesses. All process herein provided for shall be served as in 
 civil cases. Same, sec.^ 4. 
 
 In addition to the authority vested in commission to de- 
 termine what shall be just, reasonable and indiscriminative rates 
 for further observance, upon complaint, filed as provided in this 
 act, commission, whenever it is of the opinion that the rates 
 charged by such carriers upon any kind of property in the state 
 or that the rates upon any carrier's lines in the state, or that any 
 class of rates in force upon the carrier's lines in the state, or any 
 part thereof, are excessive or unjust or discriminative or unduly 
 prejudicial or in violation of the laws of the state, commission 
 
 905 shall investigate the same, and for that ptirpose, commission 
 shall give carrier or carriers interested therein, 20 days' notice of 
 the purpose to make such investigation, stating what rates are to 
 be investigated and requiring the carrier so notified to appear at 
 the time and place specified in such notice and to be heard therein 
 if they so desire. At any hearing, any party interested in such 
 rates shall be heard by commission, either in person or by counsel, 
 and commission may after such investigation make such cor- 
 rections, alterations, changes or new rules or regulations or rates, 
 as may be necessary to prevent injustice or discrimination. 
 Same, sec. y(a), as amended by Acts igii, ch. 185, sec. i. 
 
 Commission shall as soon as any revision or classification or 
 schedule of rates or charges or regulations are adopted by it, 
 furnish each railroad company affected thereby with a certified 
 
 906 copy thereof in suitable form, showing the revision, alteration, 
 rule or regulation made by commission, to be delivered to each 
 such carrier by depositing the same in a United States postofhce, 
 in a duly stamped and addressed envelope, directed to some 
 officer or agent of the carrier in the state. Same, sec. 8(a). 
 
 Nothing in this act shall authorize or empower commission 
 or any court of the state to establish, change or modify any rate 
 
 907 or charge for any service to be performed by any common carrier 
 in the state, where the rate or charge is now established or which 
 may hereafter be established by any valid law of the state. Same, 
 sec. 8{b). 
 
 See also par. j68o. 
 
 IOWA Commission shall give notice of its intention to 
 
 revise or change schedules by publishing a notice thereof in two 
 weekly newspapers, published at the seat of government for two 
 
 256 
 
consecutive weeks, and the last publication of such notice shall 
 be at least ten days before the time fixed for considering the 
 matter, and such notice shall contain in general terms a statement 
 908 of the matters commission proposes to consider, and the date 
 when and the place where the matter will be taken up and shall 
 be addressed to all persons interested therein. When any 
 schedule is revised, commission must cause notice thereof to be 
 published for two successive weeks in some public newspaper 
 printed at the seat of government which shall state the date of the 
 taking effect thereof, and it shall take effect at the time so stated. 
 Code iSgj, sec. 21 j8. 
 
 When any person, in his own behalf or in behalf of a class of 
 persons similarly situated, or a firm, corporation or association or 
 any mercantile, agriculttiral or manufacturing society or any body 
 politic or mimicipal organization shall make complaint to com- 
 mission that the rate charged or published by any railway com- 
 pany or the maximum rates fixed by commission in the schedule 
 of rates made by it or the maximum rate fixed by law, is un- 
 reasonably high or discriminating commission shall investigate 
 the matter and if the charge appears to be well founded, fix a day 
 for hearing the same, giving the railway company notice of the 
 time and place thereof by mail directed to any division super- 
 intendent, general or assistant superintendent, general manager, 
 president or secretary of such company, which notice shall con- 
 tain the substance of the complaint, also the person or persons 
 complaining. Same, sec. 2ijg. 
 
 Upon the hearing, commission shall receive any evidence 
 and listen to any argimient, offered or presented by either party 
 relevant to the matter under investigation, and the burden of 
 proof shall not be upon the person or pei;sons making the com- 
 plaint ; but it shall add to the showing made at such hearing what- 
 ever information it may then have or can obtain from any source, 
 including schedules of rates actually charged by any railway com- 
 pany for substantially the same kind of service in this or any 
 other state. The lowest rates published or charged by any rail- 
 ffio way company for substantially the same kind of service, whether 
 in this or another state, shall at the instance of the person or 
 persons complaining, be accepted as prima facie evidence of a 
 reasonable rate for the service under investigation; and if the 
 railway company complained of is operating a line of railroad be- 
 yond the state, or has a traffic arrangement with any such railway 
 company, the same shall be taken into consideration in deter- 
 
 , 257 
 
mining what is a reasonable rate ; if it be operating a line of rail- 
 way beyond the state, the rate charged or established for sub- 
 stantially a similar or greater service by it in another state shall 
 also be considered. Same, sec. 2140. 
 
 After such hearing and investigation, commission shall fix 
 and determine the maximum charges to be thereafter made by 
 the railroad company or common carrier complained of, which 
 charge shall in no event exceed the one now or hereafter fixed by 
 law and commission shall render its decision in writing and shall 
 spread the same at length in the record to be kept for that pur- 
 pose ; such decision shall specifically set out the siuns or rate which 
 
 911 the railroad company or common carrier so complained of may 
 thereafter charge or receive for the service therein named and 
 including a classification of such freight; and commission shall 
 not be limited in its said decision and the schedule to be con- 
 tained therein to the specific case or cases complained of, but it 
 shall be extended to all such rates between points in the state and 
 whatever part of the line of railway of such company or common 
 carrier within the state may have been fairly within the scope of 
 such investigation. Same, sec. 2141. 
 
 See also par. 2442. 
 
 KANSAS Whenever the purchasers of water from any 
 
 irrigation company shall consider the rate of charges of such 
 company for the use of water, to be unreasonable, extortionate or 
 unjust, they or any one of them may appeal to commission and if 
 commission shall consider such complaint just, it shall proceed to 
 
 912 notify the irrigation company and the complainants that 30 days 
 from date of such notice it will at the county seat within the 
 county from which the complaint came hear testimony in rela- 
 tion thereto ; and if after hearing such testimony and making in- 
 vestigation it shall decide that such rates are extortionate and 
 unjust, it shall fix a rate of compensation for the use of water. 
 Gen. Stats, igog, sec. 4477. 
 
 Commission shall from time to time alter, change or amend 
 any schedule, classification, rate, rule or regulation established 
 by any railroad company or companies or other common carrier 
 on complaint as hereinafter provided, so that such schedule, 
 classification, rate, rule or regulation shall be reasonable and just 
 
 913 and such amended, altered or new schedule, classification, rate, 
 rule or" regulation shall be put into effect by said railroad com- 
 pany or companies within not more than 30 days after receiving 
 written notice of the order of commission, provided that before 
 
 258 
 
such order is made by commission, notice and a hearing shall be 
 given as required in section nine of this act. Same, sec. 7170. 
 
 When a complaint has been made which involves general 
 rates or classifications or general rates on certain commodities, 
 commission shall investigate and determine all matters so in- 
 volved without regard to the subsequent action of the parties 
 making such complaint for the withdrawal of the complaint, and 
 
 914 whenever commission shall determine what is a reasonable charge 
 for any freight based on the classification existing at the time of 
 such determination, such rates and classifications and all rates and 
 classifications now in effect shall not be altered thereafter with- 
 out the consent of commission, but such determination as to what 
 is a reasonable charge shall be determined according to the 
 classification then existing. Same, sec. 7ig6. 
 
 In all cases where complaints shall be made in accordance 
 with the provisions of section 18 of this act^ that an luireasonable 
 charge is made, or that the rates charged for freight are unjust, 
 unreasonable or extortionate, and commission shall find such 
 complaint to be true, it shall require a modified charge for the 
 service rendered such as it shall deem to be reasonable and shall 
 certify its findings to the managing officer of the road against 
 which complaint is made; and the rates so determined by com- 
 mission to be reasonable shall be by the railroad company affected 
 thereby accepted and posted in a conspicuous place in each 
 depot on the line of its road that may be designated by commis- 
 sion; and if any railroad company shall fail for a period of ten 
 days to accept such rates and post the same as herein provided 
 in each depot on the line gf its road that may be designated 
 
 915 by commission, then commission shall cause the rates so deter- 
 mined by commission to be reasonable to be published in the 
 official state paper, and thereupon and after such publication 
 such rates so found shall, in all actions arising in any court in 
 the state, be taken to be reasonable compensation for the serv- 
 ices for which they are provided, until the contrary is proven; 
 and all compensation demanded or received by any such railroad 
 company in excess of the rates so determined by commission 
 shall, in any such action, be taken to be imjust, unreasonable, 
 and extortionate, until the contrary is proven. All cases of a 
 failure to comply with the recommendation of commission shall 
 be embodied in the annual report of commission to the governor 
 and the same shall apply to any unjust discrimination, extortion 
 
 Laws 1901, ch, 286. 
 
 259 
 
or overcharge by said company, or other violation of this act 
 by such company. Same, sec. ^igy. 
 
 Upon complaint in writing made to commission that an tm- 
 reasonable price has been charged by a railroad company, com- 
 
 916 mission shall investigate such complaint and if sustained, shall 
 make a certificate under its seal, setting forth what is a reason- 
 able charge for the service rendered, which shall be prima facie 
 evidence of the matter therein stated. Same, sec. 7199. 
 
 Neither commission nor any railroad company shall raise 
 
 917 the charge for the transportation of freight on any railroad with- 
 out first giving 60 days' public notice of such charge in such 
 manner as commission may determine. Same, sec. 721 j. 
 
 Upon complaint in writing made against any common 
 carrier or public utility by any mercantile, agricultural or manu- 
 facturing organization or society or by any body politic or munici- 
 pal organization or by any taxpayer, firm, corporation, or 
 association that any of the rates or joint rates, fares, tolls, charges, 
 rules, regulations, classifications or schedules of such public 
 utility or common carrier are in any respect unreasonable, unfair, 
 imjust, tmjustly discriminatory or unduly preferential or both, or 
 
 918 that any regulation, practice, or act whatsoever, affecting or 
 relating to any service performed or to be performed by such 
 public utility or common carrier for the public, is in any respect 
 unreasonable, unfair, imjust, unreasonably inefficient, insuffi- 
 cient, unjustly discriminatory or unduly preferential, or any 
 service performed or to be performed by such public utilities or 
 common carrier for the public is unreasonably inadequate, in- 
 efficient, unduly insufficient, or cannot be obtained, commission 
 shall proceed with or without notice to make such investiga- 
 tion as it may deem necessary. Laws 1911, ch. 2j8, sec. 14.^ 
 
 Commission may, upon its motion, and without any com- 
 
 1 It shall be the duty of commission, either upon complaint or upon its own initiative, 
 to investigate all rates, joint rates, fares, tolls, charges and exactions, classifications or 
 schedules of rates, or joint rates and rules and regulations, and if, after full hearing and 
 investigation, commission shall find that such rates, joint rates, fares, tolls, charges or 
 exactions, classifications or schedules of rates, or joint rates, or rules and regulations, are 
 unjust, unreasonable, unjustly discriminatory or unduly preferential, commission shall have 
 power to fix and order substituted therefor such rate or rates, fares, tolls, charges, exactions 
 classifications or schedules of rates or joint rates and such rules and regulations as shall 
 be just and reasonable. If upon any investigation, it shall be found that any regulation, 
 measurement, practice, act or service complained of is unjust, unreasonable, unreasonably 
 inefficient, insufficient, unduly preferential, unjustly discriminatory or otherwise in viola- 
 tion of any of the provisions of this act or of the orders of this commission, or if it be found 
 that any service is inadequate or that any reasonable service cannot be obtained, the com- 
 mission shall have power to substitute therefor such other regulations, measurements, 
 practices, service or acts, and to make such order respecting any such charges in such 
 regulations, measurements, practices, service or acts as shall be just and reasonable. When- 
 ever, in the judgment of commission, public necessity and convenience require, commission 
 shall have power to establish just and reasonable concentration, commodity, transit or 
 other special rates, charges or privileges, but all such rates, charges and privileges shall 
 be open to all users of a like kind of service under similar circumstances and condition. 
 Laws iQii, ch. 238, sec. 13. 
 
 260 
 
plaint being made, proceed to make such investigation, but no 
 order affecting such rates, joint rates, tolls, charges, rules, regula- 
 tions, classifications, schedules, practices or acts complained of 
 shall be made or entered by commission without a formal public 
 
 919 hearing of which due notice shall be given by commission to such 
 public utility or common carrier, or to such complainant or com- 
 plainants, if any. Commission may require such public utility 
 or common carrier to make such improvements and do such acts 
 as are or may be required by law to be done by such public utility 
 or common carrier. Same. 
 
 If upon hearing and investigation, the rates, joint rates, 
 fares, tolls, charges, rules, regulations, classifications, or sched- 
 iiles of any common carrier or public utility, are found to be un- 
 just, unreasonable, unfair, unjustly discriminatory, or unduly 
 preferential, or in anywise in violation of the provisions of this 
 act, or of any of the laws of the state, commission may fix 
 and establish and order substituted therefor, such rates, joint 
 rates, fares, tolls, charges, rules, regulations, classifications, or 
 schedules as it shall find, determine or decree to be just, 
 
 920 reasonable and necessary; and if it shall be found that any 
 regulation, practice or act whatsoever, relating to any service 
 performed or to be performed by such public utility or com- 
 mon carrier for the public in any respect unreasonable, un- 
 just, unfair, unreasonably inefficient, insufficient, im justly dis- 
 criminatory or tinduly preferential or otherwise in violation of 
 any of the provisions of this act, or of any of the laws of the 
 state, commission may substitute therefor such other regulation, 
 practice, service or act as it finds and determines to be just, rea- 
 sonable and necessary. Same, sec. i6. 
 
 All orders and decisions of commission, whereby any rates, 
 joint rates, fares, tolls, charges, rules, regulations, classifications, 
 schedules, practice or acts, relating to any service performed or to 
 be performed by such public utility or common carrier for the pub- 
 lic, are altered, changed, modified, fixed or established, shall be re- 
 duced to writing and a copy thereof duly certified shall be served 
 
 921 on the public utility or common carrier affected thereby by reg- 
 istered mail, and such order and decision shall become operative 
 and effective within 30 days after such service, and such public 
 utility or common carrier shall, unless an action is commenced 
 in a" court of proper jurisdiction to set aside the findings, orders 
 and decisions of commission or to review and correct the same, 
 carry the provisions of said order into effect. Same. 
 
 See also pars. 244;^, J682. 
 
 261 
 
KENTUCKY When complaint shall be made to commission, 
 
 accusing any railroad company or corporation of charging, col- 
 lecting or receiving extortionate freight or passenger rates over 
 its line or Imes of railroad in the state, or when commission shall 
 receive information or have reason to believe that such rate or 
 rates are being charged, collected or received, commission shall 
 hear and determine the matter as speedily as possible. It shall 
 give the company or corporation complained of, not less than ten 
 days' notice by letter mailed to an officer or employe of said com- 
 pany or corporation, stating the time and place of the hearing 
 of same, also the nature of the complaint or matter to be inves- 
 tigated, and shall hear such statements, argument, or evidence 
 
 92a offered by the parties as commission may deem relevant, and 
 should commission determine that the company or corporation 
 is or has been guilty of extortion, commission shall make and fix 
 a just and reasonable rate, toll, or compensation which said rail- 
 road company or corporation may charge, collect or receive for 
 like services thereafter rendered. The rate, toll, or compensa- 
 tion so fixed by commission shall be entered and be an order on 
 the record book of its office and signed by commission, and a copy 
 thereof mailed to an officer, agent or employe of the railroad 
 company or corporation affected thereby, and shall be in full force 
 and effect at the expiration of ten days thereafter, and may be 
 revoked or modified by an order likewise entered on record. 
 CarrolVs Stats, igog, sec. 82o{ay. 
 
 MAINE Any railroad corporation may establish and 
 
 collect for its sole benefit fares, tolls, and charges upon all passen- 
 gers and property conveyed and transported on its railroad at 
 such rates as may be determined by the directors thereof, and 
 shall have a lien on its freight therefore; and may from time to 
 time by its directors regulate the use of its road, provided, that 
 such rates of fares, tolls and charges and regulations are at all 
 times subject to alteration by the legislature, or by such officers 
 
 923 or persons that the legislature may appoint for the purpose, any- 
 thing in the charter of such corporation to the contrary notwith- 
 standing; and provided, further, that upon what shall at any 
 time be deemed by commission sufficient complaint by interested 
 and responsible parties, that the tolls are unreasonably high, 
 commission may revise and establish them, after due notice and 
 hearing, for a time not exceeding one year, but commission be- 
 fore directing such hearing shall give opportunity to the com- 
 
 262 
 
pany complained of to reply to the charge. Rev. Stats, igoj, 
 ch. 52, sec. I. 
 
 MARYLAND Whenever commission shall be of opinion after 
 
 a hearing upon its own motion or upon complaint made as pro- 
 vided in this act, that the rates, tolls, fares or charges, demanded, 
 exacted, charged, or collected, by any common carrier, railroad 
 or street railroad, railroad or street railroad corporation or other 
 corporations for the transportation of persons, freight or property, 
 within the state, or that the regulations or practices of such 
 common carrier or corporation affecting such rates, tolls, 01 
 
 924 services are unjust, unreasonable, unjustly discriminating or 
 undtdy preferential or in anywise in violation of any provision of 
 law, commission shall determine the just and reasonable rates, 
 tolls, fares and charges, to be thereafter observed, and enforced 
 as the maximum to be charged for the service to be performed 
 and shall fix the same by order to be served upon all common 
 carriers or other corporations by whom such rates, fares and 
 charges, are thereafter to be observed. Laws igio, ch. 180, 
 sec. 2 J. 
 
 Upon the complaint in writing of the mayor or chief execu- 
 tive official, or officials, of a mimicipality or coimty in which a 
 person or corporation is authorized to manufacture, sell or supply 
 gas or electricity for light, heat or power, or upon the complaint 
 in writing of not less than 100 customers or purchasers of such 
 gas or electricity either as to the illuminating power, purity, 
 pressure or price of gas or the initial efficiency of the electric 
 incandescent lamp supply, or the regulation of the voltage of the 
 supply system used for incandescent lighting, or price of elec- 
 tricity sold and delivered in such mimicipality or county, 
 commission shall investigate as to the cause for such complaint. 
 
 926 When such complaint is made, commission may, by its agents, 
 examiners and inspectors, inspect the works, system, plant and 
 methods used by such person or corporation in manufacturing, 
 transmitting and supplying such gas or electricity, and may 
 examine or cause to be examined the books and papers of such 
 person or corporation pertaining to the manufacture, sale, trans- 
 mitting and supplying of such gas and electricity. The form 
 and contents of complaints made as provided in this section shall 
 be prescribed by the commission. Such complaints shall be 
 signed by the officers, or by the customers, purchasers or sub- 
 scribers making them, who must add to their signatures their 
 places of residence, by street and ntimber, if any. Same, sec. 36. 
 
 263 
 
Before proceeding under a complaint presented as provided 
 in this act, commission shall cause notice of such complaint and 
 the purpose thereof to be served upon the person or corporation 
 
 926 affected thereby. Such person or corporation shall have oppor- 
 tunity to be heard in respect to the matters complained of at a 
 time and place to be specified in such notice. Same, sec. 37. 
 
 If an investigation be instituted upon motion of commission, 
 the person or corporation affected by the investigation may be 
 
 927 permitted to appear before commission at a time and place speci- 
 fied in the notice and answer all charges which may be preferred 
 by commission. Same. 
 
 After a hearing and after such investigations as may have 
 been made by commission, or its officers, agents, examiners or 
 inspectors, commission may by order fix the maximimi price ac- 
 cording to law of gas and electricity to be charged by such cor- 
 
 928 poration or person, or may order such improvement in the man- 
 ufacture or supply of gas, in the manufacture, transmission or 
 supply of electricity, or in the methods employed by such person 
 or corporation as will in its judgment, justly and lawfully im- 
 prove the service. Same. 
 
 If it be alleged and established in an action brought in any 
 court for the collection of any charge for gas or electricity, that 
 a price has been demanded in excess of that fixed by commission, 
 
 929 or by law in the municipality or coimty wherein the action arose, 
 no recovery shall be had therein, but the fact that such excessive 
 charges have been made shall be a complete defense to such 
 action. Same, sec. 38. 
 
 MASSACHUSETTS Upon complaint in writing of the mayor of a 
 city or the selectmen of a town in which a corporation or company 
 engaged in the manufacture or the sale of gas or electricity for 
 light or heat is located, or of 20 customers thereof either of the 
 quality or price of gas or electric light sold and delivered, com- 
 mission shall notify the corporation or company by leaving at 
 its office a copy of such complaint and shall thereupon, after no- 
 
 980 tice give a public hearing to such petitioner and such corporation 
 or company, and after said hearing may order any reduction in 
 the price of gas or electric light or improvement in the quality 
 thereof, and the report of such proceedings and the result thereof 
 shall be included in its annual report. The maximum price 
 fixed by such order shall not thereafter be increased by such cor- 
 poration or company except as provided for in the following sec- 
 tion. Rev. Laws igo2, ch. 121, sec. 34.^ 
 
 1 See footnote i, par. 276. See also footnote, par. 931. 
 
 264 
 
A gas.company in the state which furnishes gas under the pro- 
 visions of general or special laws, or of any contract with a city or 
 town and the gas or electric light company which is engaged in 
 the sale and delivery of electric light, may appl}^' to commission 
 to fix and determine the price of gas or electricity to be thereafter 
 sold and delivered by the said company, or to revise any formei* 
 
 931 order or action of commission relative to the quality or price 
 thereof. Commission shall, after notice, give a public hearing 
 to the petitioner, to the city or town and to all other persons 
 interested, and thereafter may pass such orders relative to the 
 price and quality of the gas or electricity thereafter to be furnished 
 by said company, as it determines are just and reasonable. 
 Same, sec. jj.^ ^ 
 
 Whenever commission shall be of opinion after a hearing had 
 upon its own motion or upon complaint, that the rates, fares or 
 charges or any of them, demanded, exacted, charged or collected 
 by any person, firm, association, company or corporation for the 
 transportation of persons or property within the state or the 
 regtdations or practices of such carrier affecting such rates are 
 unjust, unreasonable, unjustly discriminatory or unduly prefer- 
 
 932 ential or in anywise in violation of any provision of law, or that 
 the rates, fares or charges or any of them chargeable by any such 
 carrier are insufficient to yield reasonable compensation for the 
 service rendered, and are unjust and unreasonable, commission 
 with due regard among other things to a reasonable return upon 
 the value of the carrier's property, shall determine just and rea- 
 sonable rates, fares and charges to be charged for the service 
 to be performed and shall recommend the same by order to be 
 served upon such carrier. Acts igii, ch. yj^, sec. i. 
 
 933 Rates and facilities fixed and determined by statute shall 
 not be revised or regulated by commission. Same, sec. 3. 
 
 934 Commission shall have all powers necessary or proper to 
 enable it to carry out the provisions of this act. Same, sec. 4. 
 
 MICHIGAN Upon complaint in writing by any city, village 
 
 or township, by its duly constituted common or village council 
 or township board, or other duly constituted authority of such 
 city, village or township, relative to the price of electricity sold 
 
 935 and delivered in such municipality, commission shall investigate 
 
 1 The provisions of sections 34 and 35 of chapter 121 of the revised laws, so far as they 
 relate to the fixing of the price of gas, shall not hereafter apply to the Boston Consolidated 
 Gas Company. But nothing herein shall be construed as affecting any right or liability 
 which may arise under chapter 34 of the revised laws, or acts in amendment thereof or in 
 addition thereto, or under any other acts not inconsistent herewith. Acts 1906, ch. 42^, 
 ^ec. JO. 
 
 265 
 
such complaint and may by its agents, examiners and inspectors, 
 inspect the system and method used in transmitting and sup- 
 plying electricity, and examine or cause to be examined the 
 books and papers of such person, firm or corporation pertaining 
 thereto. Puh. Acts igog, no. io6, sec. y. 
 
 Commission shall cause notices of such complaint with a 
 copy thereof, to be served on the corporation affected thereby 
 
 936 who shall have a right to be heard in respect to the matter com- 
 plained of at a convenient time. and place to be fixed in such 
 notice. Same. 
 
 After such investigation and hearing, commission within 
 lawful limits may by order fix the maximum price of electricity 
 to be charged by such corporation, and the price so fixed, of which 
 
 937 such corporation shall have notice, shall be the maximimi price 
 , in such municipality until commission shall upon like complaint 
 
 or Upon the complaint of the person, firm or corporation engaged 
 in furnishing such electricity, again fix the maximum price to be 
 charged therefor. Same. 
 
 Commission shall in no case have power to change or alter 
 
 938 the price for electricity fixed in or regulated by or under am^ 
 franchise heretofore or hereafter granted by any city, village 
 or township. Same. 
 
 The provisions of the act governing hearings before commis- 
 
 939 sion as to rates of transportation of freight by railroads shall so 
 far as applicable govern the hearings before commission herein 
 provided for. Same. 
 
 Upon complaint in writing of any person, firm or corpora- 
 tion or association or of any mercantile, agricultural or manufac- 
 turing society or body politic or municipal organization, that any 
 of the rates, fares, charges or classifications or any joint rate or 
 rates are in any respect unreasonable or unjustly discriminatory, 
 or that any regulation or practice whatsoever affecting the trans- 
 
 940 portation of persons or property or any service in connection 
 therewith is in any respect unreasonable or unjustly discrim- 
 inatory or that any service is inadequate, commission shall notify 
 the common carrier complained of that complaint has been made 
 and shall furnish a copy of said complaint with said notice and 
 2o days after such notice has been given commission may pro- 
 ceed to investigate the same as provided by law. Puh. Acts igog, 
 no. joo, sec. 22(a). 
 
 Before proceeding to make the investigation commission 
 shall give the said common carrier and the complainants at least 
 
 266 
 
ten days' notice of the time and place when and where such matters 
 
 941 will be considered and determined, and said parties shall be en- 
 titled to be heard and shall have process to enforce the attendance 
 of witnesses. Such hearings may be continued from time to time 
 in the discretion of commission. Same. 
 
 If upon such investigation the rate or rates, joint rate or rates, 
 fares, charges or classifications, regulation, practice or service 
 complained of shall be found to be unreasonable, inadequate or 
 imjustly discriminatory, commission shall determine and by order 
 fix and order substituted therefor such rate or rates, joint rate or 
 rates, fares and charges as is or are just and reasonable and which 
 shall be the maximimi to be charged in the future, and such classi- 
 fications, regulation, practice or service as is or are just, reasona- 
 
 942 ble and adequate, and which shall be imposed and followed or 
 service rendered in futvire in lieu of that found to be unreasonable, 
 inadequate or unjustly discriminatory, and in either case com- 
 mission shall make an order that the common carrier cease and 
 desist from such violation and shall conform to the regulation 
 and practice so prescribed, and it shall cause a certified copy of 
 each such order to be delivered to an officer or station agent of 
 the common carrier affected thereby, which order shall of its own 
 force take effect and become operative 20 days after the service 
 thereof. Same. 
 
 All common carriers to which the order applies shall on or 
 before the date the order becomes effective make such changes in 
 schediiles on file as shall be necessary to make the same conform to 
 
 943 such order, and no change shall within two years thereafter be 
 made by any such common carrier in any such rates, fares or 
 charges or in any such joint rate or rates without the approval 
 of commission. Same. 
 
 944 Also provisions for common carriers identical with pars. 
 891, 897. Same, sees. 22(a), 22(b). 
 
 Whenever commission shall believe that any rate or rates or 
 charges may be unreasonable or imjustly discriminatory, or that 
 any service is inadequate, and that any investigation relating 
 thereto should be made, it may, upon its own motion, investigate 
 the same. Before making such investigation, it shall present to 
 946 the common carrier a statement in writing, setting forth the rate 
 or charge to be investigated. Thereafter, on ten days' notice to 
 the common carrier of the time and place of such investigation, 
 commission may proceed to investigate such rate or charge in the 
 same manner and make like orders in respect thereto as if such 
 investigation had been made upon complaint. Same, sec. 22(c), 
 
 267 
 
946 Also a provision for common carriers identical with par. 
 894. Same, sec. 22(d). 
 
 A full and complete record shall be kept of all proceedings 
 
 947 had before commission on any investigation had under section 2 2 
 of this act and aU testimony shall be taken down by a stenog- 
 rapher appointed by commission. Same, sec. 2j{d). 
 
 Commission shall have control and supervision over all ex- 
 press companies and upon complaint made to it or upon its own 
 motion and after hearing had thereon in accordance with the 
 rulesnow in force relative to hearings on complaints by and against 
 common carriers may from time to time within its discretion 
 
 948 change, alter and amend the maximum schedule of rates herein- 
 before set forth, and may from time to time upon proper applica- 
 tion 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 trans- 
 ported or to be transported, the weight of which is less than 100 
 pounds. Pub. Acts igii, no. ijg, sec. 25(f). ^ 
 
 See also pars. 802, 803, 804. 
 
 MINNESOTA Upon the verified complaint of any person or 
 
 of any corporation, private or municipal, that any tariff of rates, 
 fares or charges or any part thereof or of any classification is 
 
 949 unequal or unreasonable, commission shall proceed to investigate 
 the matters alleged in such complaint, and for the purposes of 
 such investigation it may require the attendance of witnesses 
 and the production of books, papers and documents. Rev. Laws 
 1905, sec. 1969. 
 
 If upon the hearing such tariff of rates, fares or charges or 
 any part thereof or of such classification is found to be imequal 
 
 950 or unreasonable, commission shaU make an order stating wherein 
 the same are unequal or unreasonable and shall make a tariff of 
 rates, fares, charges and classification which shall be substituted 
 for the tariff so complained of. Same. 
 
 Commission shall also on its own motion investigate any 
 
 matter relating to the management by any carrier or warehouse- 
 
 961 man of its business or the reasonableness of any or all rates, 
 
 fares, charges, rules, regulations or classifications whenever in its 
 
 judgment public interest requires it. Same, sec. 1970. 
 
 If any such rates, schedule of rates, fares, charges, rules, 
 classification or regulations are found unreasonable or discrim- 
 inatory, commission shall find what is reasonable under the cir- 
 cumstances and may make an entire new schedule and adjust- 
 
 268 
 
ment of any or all rates, schedule of rates, fares, charges, rules, 
 
 952 regulations or classifications under consideration in such inves- 
 tigation, and its order shall fix the date when such rates, sched- 
 ule of rates, fares, charges, rules, regtdations and classifications 
 shall go into effect. Before making any order under the pro- 
 visions of this section the carrier shall have an opportiinity to be 
 heard upon such notice as commission shall deem reasonable. 
 Same. 
 
 The schedules of rates and charges for the transportation of 
 freight and cars, together with the classification of such freights, 
 minimum weights and rules now in effect, and all rates, charges 
 
 953 and classifications published by any common carrier after the 
 passage of this act shall be deemed just and reasonable, and shall 
 not be changed except upon the order of or by the written con- 
 sent- of commission.^ The terms of this act shall also apply to 
 all schedules of rates and charges published by two or more 
 common carriers jointly. Laws igoj, ch. iy6, sec. j. 
 
 Any common carrier desiring to change or discontinue any 
 published rate, charge or classification, minimimi weight or rule 
 governing the same to which it is a party, shall make application 
 to the commission in writing, stating the changes in rules, rates, 
 charges or classifications desired, giving the reasons for such 
 change. Upon receiving such application the commission shall 
 
 954 fix a time and place for hearing, and give such notice to interested 
 parties as it shall deem proper and reasonable, and after hearing 
 all the evidence offered, if the commission find that it is reason- 
 able, fair and just to both shippers and carriers that the change 
 should be allowed as asked for, it shall grant the application; 
 otherwise it shall deny the same, or may grant the same in a modi- 
 fied form. Passenger rates are not affected by this act. Same, 
 sec. 5. 
 
 Any common carrier violating any of the provisions of sec- 
 tions 2, 3 and 5 of this act shall be subject to a penalty of $100 
 
 955 for each and every day such violation shall continue, to be recov- 
 ered in a civil action in the name of the state by the attorney 
 general. Same, sec. 7. 
 
 Whenever, in a proceeding regularly pending before commis- 
 sion, it shall be made to appear to the satisfaction of commission 
 that the rates herein prescribed are unreasonable, it may by 
 
 1 All common carriers shall have the right in the first instance to prescribe and pub- 
 lish, as required by law, all classifications and tariflEs, rates and charges, together with 
 rules governing the same, including minimum weights for the transportation of any freight 
 articles between points or stations in the state; this act shall include all terminal and 
 switching charges. There shall be but one classification, which shall be uniform on all 
 the railroads in the state and shall govern in all state commerce. Laws 1905, ch. 176, 
 sec. I. 
 
 269 
 
order fix higher or lower rates for the transportation of any of the 
 commodities herein mentioned over the Hne of any railroad in the 
 
 956 state, and such rates, when so fixed, shall supersede the rates 
 herein prescribed upon said line of railroad, and shall be enforced 
 as prescribed by the law relating to such orders, but until such 
 order shall have been made by commission the rates herein pre- 
 scribed shall be the exclusive legal maximum rates for the trans- 
 portation of the commodities herein enumerated between points 
 within the state. Laws igog, ch. ij6, sec. 5.^ 
 
 Every railroad company transacting the business of a com- 
 mon carrier within the state shall adopt and publish and put 
 into effect rates not exceeding the charges specified herein for 
 the transportation by it between stations upon its line of road 
 in the state of the commodities named in this act; and every 
 
 967 officer, director, traffic manager or agent or employe of such 
 railroad company, exercising any authority or being charged 
 with any duty in establishing freight rates for such railroad 
 company, shall cause the adoption, publication and use by such 
 railroad company of rates not exceeding those specified in this 
 act. Same, sec. 6.^ 
 
 If, at the time of the taking effect of this act, any railroad 
 is maintaining a rate between any two stations in this state that 
 
 958 is less than the rate prescribed for the same distance, this act 
 shall not be construed as authorizing the raising of such rate. 
 Same, sec. 7.^ 
 
 In any proceedings pending before commission involving 
 the reasonableness of express rates, where commission deem it 
 necessary to inquire into the reasonableness of the charges of the 
 railroad company for carrying the cars or the business of said 
 express company over its lines of road, commission may cite such 
 
 959 railroad company to appear and become a party to such proceed- 
 ing within five days after the service of such citation, and in such 
 proceedings commission may find the reasonableness of the 
 amount paid by the express company to the railroad company 
 for the service furnished, and the findings of commission shall be 
 prima facie evidence of the facts foimd. Laws 191 1, ch. 86, 
 sec. I. 
 
 MISSISSIPPI Commission shall docket, hear and determine 
 
 all complaints made of any time schedule or of the tariff of rates 
 joint or several made by any railroad, or fixed or approved by 
 commission on the ground that the same in any respect is in the 
 
 Maximum freight rate law of 1909. 
 
 270 
 
case of time schedules unnecessary, inconvenient for the public 
 or in the case of a tariff of rates that the charges are for more than 
 just compensation or that such charges or any of them amount to 
 or operate so as to effect unjust discrimination. The complaint 
 must be in writing and specify the grounds of complaint or the 
 items in the tariff against which complaint is made; and if it 
 appear to commission that the matter ought to be investigated 
 
 960 commission shall forthwith furnish to the railroad a copy of the 
 complaint together with notice of the time and place of hearing ; 
 and at the time and place named commission shall hear the 
 parties to the controversy in person or by counsel or both, 
 and such evidence as may be offered, oral or in writing, and may 
 examine witnesses on oath, conforming the mode of proceedings, 
 as nearly as may be convenient, to that pursued by arbitrators, 
 giving such time and latitude to each side, and regulating the 
 opening and closing of any argument as commission may consider 
 best adapted to arrive at the truth ; and when the hearing is con- 
 cluded commission shall give notice of any change deemed proper 
 by it to be made to the railroad and require compliance with its 
 order. Code igo6, sec. 484g. 
 
 MISSOURI When complaint is made in writing, by any 
 
 person having an interest in the matter about which complaint 
 is made, that any rate or rates established by any common carrier 
 
 961 are unreasonable, unjust or extortionate or that any of the pro- 
 visions of sections 3179 to 3207 have been or are being violated 
 commission shall proceed at once to investigate such complaint 
 and determine the truth of the same. Rev. Stats, iqoq, sec. 3194. 
 
 And for that purpose commission may summon witnesses 
 and require the production of any necessary books, papers or 
 written documents in possession of the common carrier complained 
 
 962 of, and to this end written or printed commtmications, signed by 
 any one of commissioners and attested by the secretary of such 
 commission, imder seal and sent by registered letter through the 
 m^il or delivered personally to the person addressed, shall be 
 deemed a sufficient service. Same. 
 
 963 Witnesses so summoned by commission shall be entitled to 
 the same fees as are allowed in circuit courts in civil cases. Same. 
 
 In case of the failure or refusal of any person or persons so 
 summoned to attend and testify at the time and place specified 
 in said svunmons, or to produce any designated books, papers or 
 documents required or called for, as provided in this section, such 
 person or persons failing shall be deemed guilty of contempt, and 
 
 271 
 
964 commission may impose such penalties as the circuit court of the 
 state may impose for like offenses; and if any common carrier, 
 or any officer, agent or servant thereof, shall wilfully or knowingly 
 obstruct or prevent commission from making such investigations 
 as are authorized by said sections, they shall be deemed guilty of a 
 misdemeanor and on conviction thereof, may be pimished by 
 fine not exceeding $500. Same. 
 
 For the purpose of conducting such examination, commis- 
 sioners, or any of them, may administer oaths or affirmations, 
 and they shall prescribe such rules and regulations for the con- 
 
 965 duct of such investigation as they may deem best to enable them 
 to arrive at the facts, but in every case a full and fair hearing 
 shall be accorded to all parties having an interest in such case. 
 Same. 
 
 Commission may institute any inquiry on its own motion in 
 
 966 the same manner and to the same effect as though complaint had 
 been made. No complaint shall at any time be dismissed be- 
 cause of the absence of direct damage to the complainant. Same. 
 
 When the complaint specified in section 3194 shall allege 
 that imreasonable charges are made by any such common carrier 
 or carriers for the transportation of any freight thereby, or that 
 the rates specified upon the schedule or schedules of rates made by 
 such common carrier or carriers, in obedience to the provisions 
 of said sections, are unjust, imreasonable or extortionate, com- 
 mission shall, if in its opinion the facts alleged present a just 
 cause of complaint, and if upon hearing there appears to commis- 
 sion to be reasonable groimds for believing that the facts so al- 
 leged are true, and if in the opinion of commission the public 
 good will be promoted by an examination thereof, give notice in 
 writing to the common carrier or carriers against which such 
 complaint shall have been made of the fact and nature thereof, 
 
 967 and shall specify in such notice the charges by it made, and the 
 rates specified upon its schediiles which are alleged to be unjust, 
 tinreasonable or extortionate. Such notice shall be attested 
 by the secretary of commission, under the seal thereof, and shall 
 be served upon such common carrier or carriers against which 
 such complaint is made, by delivering a copy thereof at the gen- 
 eral office of such common carrier or carriers, to any person in 
 charge thereof, or to any agent thereof at any depot or station 
 thereof, or on which such common carrier or carriers operate, by 
 any messenger appointed by commission who would be a com- 
 petent witness in a suit at law in the state, or by any officer 
 
 272 
 
authorized to serve process, or by sending the same by registered 
 letter to such common carrier or carriers at such general office, 
 or to any such agent having charge of such depot or station as 
 aforesaid. Same, sec. 3198. 
 
 If such common carrier or carriers shall not within ten days 
 after the service of such notice change or modify such charges or 
 rates specified in such notice in a manner and to an extent satis- 
 factory to commission, then commission may proceed to examine 
 and investigate the matters alleged in said complaint and for that 
 
 968 purpose may give notice to the parties making and against whom 
 is made such complaint — said notice to be served as provided for 
 the service of notices as aforesaid, wherein it shall require such 
 common carrier or carriers to show cause before commission at 
 any place within the state in said notice specified and upon a date 
 not less than ten days after the service thereof, why said charges 
 or rates should not be modified or changed. Same, sec. jipg. 
 
 Commission may of its own volition and shall upon the 
 sworn complaint of any shipper, mayor, coimcilman, alderman 
 or trustee of any city, town or village, first giving five days' 
 written notice to the railroad company affected or complained 
 against, proceed to fix, establish, modify or reduce the freight 
 rates or charges of any such road from, to or between any and all 
 points or stations in the state; and any and all orders fixing, 
 establishing, modifying or reducing any such freight rates or 
 
 969 charges shall be the judgment of commission and constitute the 
 legal rates or charges such railroad company may collect for the 
 transportation of freight from, to or between its stations in the 
 state; and commission shall immediately upon the fixing, establish- 
 ing, modifying or reducing of freight rates or charges of any 
 railroad company, notify such railroad in writing thereof; and 
 said railroad shall comply with the orders and judgments of 
 commission with reference to such freight rates or charges with- 
 in ten days after such notice. Same, sec. 3251. 
 
 And if any railroad fails or refuses or neglects to put the 
 rates so ordered by commission into effect and operation within 
 ten days after notice, commission shall submit a certified copy 
 of its order to the attorney general of the state with notice that 
 
 970 such railroad (designating the same) has failed to comply there- 
 with. Arid the attorney general upon the receipt thereof shall 
 immediately institute suit in the name of commission against 
 such railroad in the supreme court of the state by mandamus or 
 other proper remedy to enforce said order of comniission. Same. 
 
 273 
 
Any individual, company or corporation owning, operating, 
 managing or leasing any railroad or part of any railroad in the 
 state shall be bound by the decision of commission with reference 
 to the rates fixed by commission, and every violation by any 
 individual, company or corporation charging a greater or higher 
 rate shall be deemed a misdemeanor and on conviction thereof 
 shall forfeit and pay a fine of not less than $20 nor more than $200 
 for each and every offense; and the injured party shall have a 
 right of action against said individual, company or corporation 
 before any court of competent jurisdiction in the state; and he 
 shall be entitled to recover three times the amount taken or de- 
 
 971 manded in excess of the rates prescribed by this article or by com- 
 mission acting under the provisions of this article; but nothing 
 herein contained shall be so construed as in any manner to 
 abridge or control or in any way authorize commission to 
 abridge or control or regulate the rates for freight or passengers 
 charged by any railroad company in the state for carrying any 
 freight or passengers which come from beyond the limits of the 
 state, and to be carried through or across the state, but the said 
 railroad and transportation companies shall possess the same 
 power and right to charge such rates for carrying such through 
 freight and passengers as they possessed before the passage of 
 this article. Same, sec. ^260. 
 
 NEBRASKA Commission may hear and determine whether 
 
 or not the freight rate on any article or articles in the schedule 
 or classification of rates is either so high as to be unjust to ship- 
 pers or so low as to be unremunerative or unjust to any common 
 carrier affected thereby; and upon complaint in writing of any 
 person or corporation affected thereby particularly specifying 
 
 972 the article or articles upon which such rates are either too high 
 or too low and the facts in connection therewith, commission 
 shall set such cause for hearing and upon a trial thereon and a full 
 hearing after notice thereof shall either raise or lower the rate 
 fixed by law upon such article or articles to the end that the 
 same shall be just and reasonable to all parties concerned. 
 Cobbey^s Annot. Stats, igog, sec. 106 16. 
 
 When any railway company, common carrier or any person 
 in his own behalf or in behalf of any class of persons similarly 
 situated or any firm, corporation or association or any mercan- 
 tile, agricultural or manufacturing society or any body politic 
 or municipal organization shall make complaint to commission 
 that any rate or rates fixed by commission in original schedule 
 
 274 
 
or in any subsequent revised or modified schedule, or the rate 
 charged or pubHshed by any railroad company is unreasonably 
 high or low, unjust or discriminating, commission shall imme- 
 
 973 diately fix a day for hearing the same and shall cause notice 
 thereof containing the substance of the complaint to be served 
 upon the railroad company, common carrier or other person or 
 persons hereinbefore named, complaining, and the railway com- 
 pany or common carrier complained of, and the day and date 
 upon which said hearing will be had upon said complaint; pro- 
 vided, that said commission may proceed upon its own motion 
 to have a hearing with reference to revising, modifying or an- 
 nulling any or all rates in any schedule or schedules prepared 
 by them by notifying all persons interested therein or affected 
 thereby as hereinbefore provided. Same, sec. io6j^{a). 
 
 Upon the hearing commission shall receive any evidence and 
 listen to any arguments offered or presented by either party 
 relevant to the matter under investigation and the burden of 
 proof shall be upon the railroad, person or persons hereinbefore 
 set forth making the complaint. The lowest rates published or 
 charged by any railway company for substantially the same kind of 
 service whether in this or another state shall when introduced in 
 evidence be accepted as prima facie evidence of a reasonable rate 
 
 974 for the services under investigation, and if the railway company 
 or common carrier making complaint or the railway company 
 complained of by the person or persons hereinbefore named 
 operate a line of railroad beyond the state, or has a traffic ar- 
 rangement with any other railroad company, the same shall be 
 taken into consideration in determining what is a reasonable 
 rate; if it be operating a line of railroad beyond the state the 
 rates charged or established for substantially the same or greater 
 service by it in another state may also be considered. Same, sec. 
 10653Q)). 
 
 After such hearing and investigation commission shall ren- 
 der a decision in the premises which said decision shall affirm, 
 revise, annul or modify any or all rates complained of in said 
 original schedule or any subsequent schedule which may be the 
 976 subject of investigation, and all rates between points in the state 
 and whatever part of the line of railway of such company or com- 
 mon carrier within the state as may have been fairly within the 
 scope of such investigation; and commission shall render its de- 
 cision in writing and shall spread the same at length upon the 
 record to be kept for that purpose. Same, sec. io6^3(c). 
 
 275 
 
Coimnission shall immediately notify all persons affected 
 thereby of the substance of its decision affirming, annulling, revis- 
 ing or modifying the rate or rates complained of and shall spe- 
 cifically set forth any rate or rates that have been annulled, and 
 
 976 any rate or rates that have been revised or modified in schedule 
 form, and the schediile of any and all rates so modified or re- 
 vised on said hearing shall be in force and effect 30 days after 
 said decision was mailed to the railroad company, common 
 carrier, person or persons or corporations affected thereby. Same, 
 sec. 1 06 j 3(d). 
 
 See also par. 3690. 
 
 NEVADA Provisions for railroads substantially identical 
 
 977 with pars. 888, 889, 890, 891. Stats, igoy, ch. 44, sees. 12, 12(a). 
 
 978 Also provisions for railroads substantially identical with 
 pars. 945, 894. Same, sees. 12(b), 12(c). 
 
 Also a provision identical with par. 947, except that "sec- 
 
 979 tion 22" reads "section 12." Same, sec. 13(c), as amended by 
 Stats, igog, ch. 121, sec. 6. 
 
 Whenever upon investigation made under the provisions of 
 this act commission shall find any existing rate or rates, fares, 
 charges or classification or any joint rate or rates, fares or any 
 regulation or practice whatsoever affecting the transportation of 
 persons or property, or any service in connection therewith, are 
 unreasonable or unjustly discriminatory, or any service is inade- 
 quate, it shall determine and by order fix a reasonable rate, fare, 
 charge, classification or joint rate to be imposed, observed and 
 
 980 followed in the future in lieu of that found to be unreasonable or 
 unjustly discriminatory, and it shall determine and by order fix 
 a reasonable regulation, practice or service to be imposed, ob- 
 served or followed in the futiure, in lieu of that found to be un- 
 reasonable or unjustly discriminatory or inadequate as the case 
 may be, and it shall cause a certified copy of each of such orders 
 to be delivered to an officer or station agent of the railroad affected 
 thereby, which order shall of its own force take effect and become 
 operative 30 days after the service thereof. Same, sec. 14, as 
 amended by Stats, igog, ch. 121, sec. y. 
 
 All railroads to which the order applies shall make such 
 changes in their schedule on file as may be necessary to make the 
 
 981 same conform to such order, and no change shall thereafter be 
 made by any railroad in any such rates, fares or charges or in any 
 joint rate or rates without the approval of commission. Same. 
 
 tss Also a provision for railroads identical with par. 897. Same. 
 
 276 
 
NEW HAMPSHIRE Upon complaint made by the city council or 
 city councils of any city, or by the mayor of any city, or by the 
 selectmen of any town in which a public utility is authorized to 
 manufacture, sell or supply gas or electricity for heat, light or 
 power, or to supply water, or to transmit telephone or telegraph 
 messages, or upon the complaint in writing of not less than loo 
 customers or subscribers of such public utility in cities of 30,000 
 or more inhabitants, or of not less than 50 in cities of 20,000 or 
 more inhabitants, or of not less than 25 in any other city or 
 town, or upon petition of a public utility supplying said gas, 
 
 983 electricity or water, or transmitting such messages as to the 
 quality of the service furnished by such public utility, or the 
 charges made therefor, or that such charges are insufficient, 
 commission shall investigate as to the cause for such complaint. 
 It may personally or by its experts inspect the works, system, 
 plant, devices, appliances, and methods used by such public 
 utility in manufacturing and supplying such gas, electricity or 
 water, or transmitting such messages, and may examine or cause 
 to be examined the books and papers of such public utility pertain- 
 ing to the service complained of. Laws 1911, ch. 164, sec. io{c). 
 
 Whenever commission shall be of opinion after a hear- 
 ing had upon its own motion or upon a complaint that the 
 rates, fares or charges demanded or collected, or proposed to be 
 demanded or collected, by any railroad corporation for the trans- 
 portation of persons or property within the state are unjust or 
 tmreasonable, or that the regiilation or practice of such railroad 
 corporation affecting such rates are unjust or unreasonable, or 
 in anywise in violation of any provision of law, or that the max- 
 imum rates, fares or charges chargeable by any such railroad 
 corporation are insufficient, commission shall determine the just 
 
 984 and reasonable rates, fares and charges to be thereafter observed, 
 and enforced as the maximitm to be charged for the service to be 
 performed, and shall fix the same by order to be served upon all 
 railroad corporations by which such rates, fares and charges are 
 thereafter to be observed; provided, however, that when any 
 railroad corporation shall seek the benefit of any order of com- 
 mission allowing said railroad corporation to charge and collect 
 rates higher than charged at the time said order is asked for, 
 the burden of proving the necessity of the increase shall be upon 
 said railroad corporation, and provided further, that commission 
 shall not allow an increase above any rate prescribed or linxited 
 by statute. SamCy sec. 11 (a). 
 
 277 
 
Whenever commission shall be of the opinion after a hearing 
 had on its own motion or upon complaint that any public utility- 
 is demanding or collecting or proposes to demand or collect 
 charges unjustly or unreasonably high, or upon petition that the 
 charges are insufficient, commission shall determine the just and 
 
 985 reasonable charges and may by order fix the maximum price to 
 be charged; provided, however, that when any public utility 
 shall seek the benefit of an order of commission allowing said 
 public utility to demand and collect charges higher than have 
 been before charged, or than have been before allowed by order 
 of commission, the burden of proving the necessity of the in- 
 crease shall be upon said public utility. Same, sec. ii{c). 
 
 NEW JERSEY Commission may after hearing, upon notice, 
 
 by order in writing fix just and reasonable individual rates, joint 
 rates, tolls, charges or schedules thereof, as well as commutation, 
 mileage, and other special rates which shall be imposed, observed 
 and followed thereafter by any public utility, whenever com- 
 
 986 mission shall determine any existing individual rate, joint rate, 
 toll, charge or schedule thereof for commutation, mileage or 
 other special rate to be unjust, imreasonable, insufficient or im- 
 justly discriminatory or preferential. Laws 1911, ch. 195, sec. 
 i6{c). 
 
 NEW MEXICO See par. 1354. 
 
 NEW YORK Whenever either commission shall be of opin- 
 
 ion after a hearing had upon its own motion or upon a complaint 
 that the rates or fares or charges demanded, exacted, charged or 
 collected by any common carrier, railroad or street railroad cor- 
 poration for the transportation of persons or property within the 
 state, or that the regulations or practices of such common car- 
 rier, railroad or street railroad corporation affecting such rates 
 are unjust, unreasonable, unjustly discriminatory or imduly pref- 
 erential, or in any wise in violation of any provision of law, or 
 that the maximimi rates, fares, or charges chargeable by any such 
 
 987 carrier, railroad, or street railroad corporation are insufficient to 
 yield reasonable compensation for the service rendered and are 
 unjust and unreasonable, commission shall determine the just 
 and reasonable rates, fares and charges to be thereafter observed 
 and enforced as the maximum to be charged for the service to be 
 performed notwithstanding that a higher rate, fare or charge has 
 been heretofore authorized by statute, and shall fix the same by 
 order to be served upon all common carriers, railroad or street 
 
 278 
 
railroad corporations, by whom such rates, fares and charges are 
 thereafter to be observed. Laws igio, ch. 480, sec. 49(1). 
 
 Whenever either commission shall be of the opinion after a 
 hearing had upon its own motion or upon a complaint that the 
 rates, fares or charges demanded, exacted, charged or collected 
 by any common carrier, railroad or street railroad corporation 
 for excursion, school or family commutation, commutation pas- 
 senger tickets, half fare tickets for the transportation of children 
 under six years of age, or any other form of reduced rate ticket 
 for the transportation of persons within the state, or joint in- 
 terchangeable mileage tickets, with special privileges as to the 
 amount of free baggage that may be carried under mileage 
 tickets of 1,000 miles or more within the state, or that the reg- 
 ulations or practices of such common carrier, railroad or street 
 railroad corporation, affecting such rates are unjust, unreason- 
 able, unjustly discriminatory, or unduly preferential or any- 
 wise in violation of any provision of law, or that the maximum 
 rates, fares or charges collected or charged for any of such forms 
 of reduced fare passenger transportation tickets by any such com- 
 mon carrier, railroad or street railroad corporation, are insufficient 
 to yield reasonable compensation for the service rendered, and 
 are imjust and unreasonable, and whenever commission shall be 
 of opinion after a hearing had upon its own motion or upon a 
 complaint and upon investigation that the sale of any form or 
 forms of reduced fare passenger ticket heretofore sold or used 
 upon any railroad or street railroad within the state, the use or 
 sale of which ticket or tickets has been discontinued within five 
 years prior to the time this act takes effect, will be just and 
 reasonable and not in violation of any provision of this act or 
 other provision of law, commission shall determine the just and 
 reasonable rates, fares and charges to be thereafter observed and 
 enforced as the maximimi to be charged for such mileage, ex- 
 cursion, school or family commutation, commutation, half fare, 
 or any other form of reduced rate tickets for the transportation 
 of persons, or joint interchangeable mileage tickets with special 
 privileges, as aforesaid, and shall order the sale and use thereof 
 to be restored of any of the kinds of tickets herein specified, or 
 any other form of reduced rate ticket for the transportation of 
 persons within the state, upon any railroad or street railroad 
 within the state, upon which railroad or street railroad any such 
 form of ticket or tickets for the transportation of persons within 
 the state, have, within five years prior to the time this act 
 takes effect, been sold or used, and shall determine and pre- 
 
 279 
 
scribe the reasonable and just rates, fares and charges to be 
 thereafter observed and enforced as the maximimi to be charged 
 for any of such form of ticket or tickets for the transportation of 
 persons within the state, all of which acts fixing such rates, fares 
 and charges or requiring the restoration of sale and use of any of 
 such forms of ticket or tickets, shall be by order to be served upon 
 all common carriers, railroad corporations, street railroad corpo- 
 rations by whom such rates, fares and charges or restoration of, 
 sale or use of, such ticket or tickets are thereafter to be ob- 
 served. Same. 
 
 Whenever commission shall be of opinion after a hearing had 
 upon its own motion or upon complaint that the rates or charges 
 or the acts or regulations of any gas or electrical corporation are 
 imjust, unreasonable, unjustly discriminatory or unduly pref- 
 erential or in anywise in violation of any provision of law, com- 
 
 989 mission shall determine and prescribe the just and reasonable 
 rates and charges thereafter to be enforced for the service to be 
 furnished, notwithstanding that a higher rate or charge has here- 
 tofore been authorized by statute, and the just and reasonable 
 acts and regulations to be done and observed. Same, sec. 
 66{5). 
 
 Upon the complaint in writing of the mayor of a city, the 
 trustees of a village or the town board of a town in which a per- 
 son or corporation is authorized to manufacture, sell or supply 
 gas or electricity for heat, light or power, or upon complaint in 
 writing of not less than loo customers or purchasers of such gas 
 or electricity in cities of the first or second class, or of not less 
 than 50 in cities of the third class, or of not less than 25 else- 
 where, or upon complaint of the gas and electrical corporation 
 supplying said gas or electricity as to the illuminating power, pur- 
 ity, pressure or price of gas the efficiency of the electric incan- 
 descent lamp supply, the voltage of the current supplied for light, 
 heat, or power, or price of electricity sold and delivered in such 
 
 990 municipality, the proper commission shall investigate as to the 
 cause of such complaint. When such complaint is made, com- 
 mission may by its agents, examiners and inspectors inspect the 
 works, system, plant, devices, appliances and methods used by 
 such person or corporation in manufacturing, transmitting and 
 supplying such gas or electricity, and may examine or cause to be 
 examined the books and papers of such person or corporation 
 pertaining to the manufacture, sale, transmitting and supplying 
 of such gas or electricity. The form and contents of complaints 
 
 ?89 
 
made as provided in this section shall be prescribed by commis- 
 sion. Such complaints shall be signed by the officers or by the 
 customers, purchasers or subscribers making them, but must add 
 to their signatures their places of residence, by street and number, 
 if any. Same, sec. Ji. 
 
 Also a provision identical with par. 926, except that "as 
 
 991 provided in this act" reads "as provided in section 71." Same 
 sec. 72. 
 
 An investigation may be instituted by commission as to any 
 
 992 matter of which complaint may be made as provided in section 71 
 of this chapter, or to enable it to ascertain the facts requisite to 
 the exercising of any power conferred upon it. Same. 
 
 After a hearing and after such investigation as shall have 
 been made by commission or its officers, agents, examiners or 
 inspectors, commission within lawful limits may by order fix the 
 maximimi price of gas or electricity not exceeding that fixed by 
 
 993 statute to be charged by such corporation or person for the serv- 
 ice to be furnished, and may order such improvement in the 
 manufacture, distribution or supply of gas, in the manufacture, 
 transmission or supply of electricity, or in the methods employed 
 by such person or corporation as will in its judgment be ad- 
 equate, just and reasonable. Same. 
 
 994 A provision substantially identical with par. 929. Same, 
 sec. 75. 
 
 Whenever commission shall be of opinion after a hearing had 
 upon its own motion or upon complaint that the rates, charges, 
 tolls or rentals demanded, exacted, charged or collected by any 
 telegraph or telephone corporation for the transmission of mes- 
 sages or comm-unications by 'telegraph or telephone, or for the 
 rental or use of any telegraph lines, telephone lines or any tele- 
 graph instrument, wire, appliances, apparatus or device or any 
 telephone receiver, transmitter, instrument, wire, cable, appara- 
 tus, conduit, machine, appliance or device or any telephone ex- 
 tension or extension system, or that the rules, regulations or prac- 
 tices of any telegraph or telephone corporation affecting such 
 rates, charges, rentals or service are unjust, unreasonable or un- 
 
 995 justly discriminatory or unduly preferential, or in anywise in 
 violation of law, or that the maximimi rates, charges or rentals, 
 chargeable by any such telegraph or telephone corporation are in- 
 sufficient to yield reasonable compensation for service rendered, 
 commission shall determine the just and reasonable rates, charges 
 and rentals to be thereafter observed and in force as the maxi- 
 
 281 
 
mum to be charged, demanded, exacted or collected for the per- 
 formance or rendering of the service specified, and shall fix the 
 same by order to be served upon all telegraph and telephone 
 corporations by which such rates, charges and rentals are 
 thereafter to be observed, and thereafter no increase in any rate, 
 charge or rental so fixed shall be made without the consent of com- 
 mission. Same, sec. 97{i). 
 
 NORTH DAKOTA In all cases where complaint shall be made in 
 accordance with provisions of this article that an unreasonable 
 charge is made commission shall require a modified charge for the 
 service rendered such as it shall deem to be reasonable, and all 
 
 996 cases of failure to comply with the recommendation of commis- 
 sion shall be embodied in the report of commission to the gover- 
 nor; and the same shall apply to any unjust discrimination, extor- 
 tion or overcharge by railroad, railroad corporation or common 
 carrier or other violations of law. Rev. Codes 1905, sec. 4328. 
 
 Commission shall, upon the complaint and the application 
 of the mayor and aldermen of any city or the president or trustee 
 of any incorporated town, or the supervisors of any township, 
 make an examination of the rate of passenger fare, express or 
 freight tariff charged by any railroad, railroad corporation or 
 common carrier, and of the condition or operation of any railroad 
 or railroad corporation, or common carrier, any part of whose 
 location or route lies within the limits of such city, town or town- 
 ship, or if 25 or more legal voters in any city, town or township 
 shall by petition in writing request the mayor and aldermen of 
 such city, president and trustee of such town, or the supervisors 
 of such township, to make said complaint and application, and 
 if the said mayor and aldermen, president and trustee or super- 
 visors refuse or decline to comply with the prayer of the petition 
 they shall state the reason for such non-compliance in writing 
 
 997 upon the petition and return the same to the petitioners, and 
 the petitioners may thereupon within ten days from such re- 
 fusal and return present such petition to commission and com- 
 mission shall if upon due inquiry and hearing of the petitioners 
 it thinks the public good demands the examination, proceed to 
 make it in the same manner as if called upon by the mayor and 
 aldermen of any city, the president and trustee of any town, or 
 the supervisors of any township. Before proceeding to make 
 such examination, in accordance with such application or peti- 
 tion, commission shall give to the petitioners and railroad, rail- 
 road corporation or common carrier, reasonable notice in writing 
 
 282 
 
of the time and place of entering upon the same. If, upon such 
 examination, it shall appear to commission that the complaint al- 
 leged by the applicant or petitioners is well founded it shall so 
 adjudge and shall inform the corporation operating such rail- 
 road, railroad corporation or common carrier of its adjudication 
 within ten days and shall also report its doings to the governor 
 as provided in section 4363. Same, sec. 432Q. 
 
 Whenever any person upon his own behalf or class of persons 
 similarly situated, or any firm, corporation or association, or any 
 mercantile, agricultural or manufacturing society, or any body 
 politic, or municipal organization shall make complaint to com- 
 mission that the rate charged or published by any railroad, rail- 
 road corporation or common carrier, or the maximum rate fixed 
 by commission in the schedule of fares or rates made by it under 
 the provisions of section 4343, or the maximum rate that may 
 now or may heretofore be fixed is unreasonably high or dis- 
 criminating, commission shall immediately investigate the mat- 
 998 ter of such complaint. If such colnplaint appears to be well 
 founded and not trivial in character, commission shall fix a day 
 for hearing the same, and shall notify such railroad, railroad cor- 
 poration or common carrier of the time and place of such hear- 
 ing by serving a notice properly directed on any division super- 
 intendent, general or assistant superintendent, general manager, 
 president, secretary or agent of such railroad, railroad corpora- 
 tion or common carrier, which notice shall contain the substance 
 of the complaint so made, and commission shall also notify the 
 person or persons complaining of such time and place. Same, 
 sec. 4344. 
 
 Upon hearing provided for commission shall receive what- 
 ever evidence, statements or arguments either party may offer 
 pertinent to the matter under investigation; and the burden of 
 proof shall not be held to be upon the person or persons making 
 the complaint, but commission shall add to the showing made at 
 such hearing whatever information it may then have, or can 
 secure from any source whatsoever, and the person or persons 
 complaining shall be entitled to introduce any published schedule 
 of rates of any railroad, railroad corporation or common carrier or 
 evidence of rates actually charged by any railroad, railroad cor- 
 poration or common carrier for substantially the same kind of 
 service, whether in this or in any other state, and the lowest 
 rate published or charged by any railroad, railroad corporation 
 or common carrier for substantially the same kind of service, 
 
 283 
 
whether in this state or in any other state, shall, at the instance 
 of the person or persons complaining, be accepted as prima 
 
 999 facie evidence of a reasonable rate for the services under in- 
 vestigation, and if the railroad, railroad corporation or common 
 carrier complained of is operating a line of railroad beyond the 
 state, or if it appears that it has a traffic arrangement with any 
 such railroad, railroad corporation or common carrier, then 
 commission in determining what is a reasonable rate, shall take 
 into consideration the charge made or rate established by said 
 railroad, railroad corporation or common carrier, or the company 
 with which it has traffic arrangements for carrying freight, pas- 
 sengers or property from beyond the state to points within the 
 state and from within the state to points beyond the state; and 
 if such company be operating a line of railway beyond the state 
 it shall also take into consideration the rate charged or estab- 
 lished for a substantially similar or greater service by such com- 
 pany in any other state in which said railroad, railroad corpora- 
 tion or common carrier operates a line of railway. Same, sec. 
 
 4345- 
 
 Also a provision for railroads, railroad corporations and com- 
 
 1000 mon carriers substantially identical with par. 911, except that 
 ''which charge shall in no event exceed the one now or hereafter 
 fixed by law" is omitted. Same, sec. 4346. 
 
 See also par. 2^g6. 
 
 OHIO Provisions for railroads substantially identical 
 
 1001 with pars. 888, 889, 891, 894. Code 1910, sees. 524, 525, 526. 
 
 1002 Also provisions substantially identical with pars. 980, 981. 
 Same, sees. 535, 536. 
 
 Upon complaint in writing against any public utility by any 
 person, firm or corporation, or upon the initiative or complaint of 
 commission, that any rate, fare, charge, toll, rental, schedule, 
 classification or service, or any joint rate, fare, charge, toll, 
 rental, schedule, classification or service rendered, charged, de- 
 manded, exacted or proposed to be rendered, charged, demanded, 
 or exacted, is in any respect unjust, unreasonable, unjustly dis- 
 criminatory, or unjustly preferential or in violation of law or that 
 any regulation, measurement or practice affecting or relating to 
 any service ftimished by said public utility, or in connection 
 therewith, is, or will be, in any respect imreasonable, unjust, 
 1008 insufficient or unjustly discriminatory or unjustly preferential, 
 or that any service is, or will be, inadequate or cannot be ob- 
 tained, commission shall notify the public utility complained of 
 
 284 
 
that complaint has been made, and of the time and place when 
 the same will be considered and determined, which notice shall 
 be served upon the public utility not less than 15 days before 
 such hearing and shall plainly state the matters or things com- 
 plained of. Commission shall, if it appear that there are reason- 
 able grounds for the complaint, at such time and place proceed 
 to consider such complaint and may adjourn the hearing there- 
 of from time to time. The parties thereto shall be entitled to be 
 heard, represented by coimsel and to have process to enforce the 
 attendance of witnesses. Laws igii, no. 325, sec. 23. 
 
 A public utility may make complaint as to any matter af- 
 fecting its own product or service with like effect as though made 
 
 1004 by a person, firm or corporation, in which event commission 
 shall publish notice thereof for ten days prior to such hearing in a 
 newspaper of general circulation at the situs of such public 
 utility. Same. 
 
 When complaint is made of more than one rate, charge or 
 service, commission may order separate hearings thereon and 
 
 1005 may consider and determine the matters complained of sepa- 
 rately and at such times and places as it may prescribe. No com- 
 plaint shall necessarily be dismissed because of the absence of 
 direct damage to the complainant. Same, sec. 24. 
 
 Whenever commission shall be of the opinion after a hearing 
 that any rate, fare, charge, toll, rental, schedtile, classification or 
 service or any joint rate, fare, charge, toll, rental, schedule, 
 classification or service rendered, charged, demanded, exacted or 
 proposed to be rendered, charged, demanded or exacted, is or 
 will be imjust, imreasonable, unjustly discriminatory, or unjustly 
 preferential, or in violation of law, or the service inadequate, or 
 
 1006 that the maximum rates, charges, tolls, or rentals chargeable by 
 any such public utility are insufficient to yield reasonable com- 
 pensation for the service rendered and are imjust and unreason- 
 able, commission shall fix and determine the just and reasonable 
 rate, fare, charge, toll, rental or service to be thereafter rendered, 
 charged, demanded, exacted or collected for the performance or 
 rendition of the service, and order the same substituted therefor. 
 Same, sec. 25. 
 
 No change in the rate, fare, toll, charge, rental, schedule, 
 classification or service shall be made, rendered, charged, de- 
 
 1007 manded, exacted or changed by any public utility without the 
 order of commission, and any other rate, fare, toll, charge, rental, 
 
 285 
 
classification or service shall be deemed and held to be unjust and 
 unreasonable, prohibited and unlawful. Same. 
 
 If commission after investigating shall find that any rate, 
 joint rate, fare, charge, toll, rental, schedule or classification of 
 service is unjust, imreasonable and insufficient or imjustlydis- 
 
 1008 criminatory or unjustly preferential or in violation of law or 
 otherwise in violation of any provisions of this act or that any 
 service is inadequate or cannot be obtained the public utility 
 found to be at fault shall pay the expenses incurred by com- 
 mission upon such investigation. Same, sec. 82. 
 
 See also par. jiSy. 
 
 OREGON Provisions for railroads substantially identical 
 
 1009 with pars. 888, 889, 890, 891, 892. Gen. Laws igoy, ch. 53, 
 sec. 28. 
 
 Notice may likewise be given to other parties in interest, and 
 shall be given at least ten days in advance of any hearing, and 
 thereafter proceedings shall be had and conducted in reference 
 to the matter investigated in like manner as though complaint 
 
 1010 was filed with commission relative to the matter investigated, 
 pursuant to the provisions of this section, and the same order or 
 orders may be made in reference thereto as if such investigation 
 had been made on complaint. Same. 
 
 Also provisions for railroads identical with pars. 894, 947, 
 
 1011 except that ''section 22 " reads ''section 28." Same, sees. 28, 2g. 
 
 Also provisions identical with pars. 980, 981, 897, except 
 
 1012 that orders of commission shall take effect and become operative 
 20 days instead of 30 days after service thereof. Same, sec. 30. 
 
 Upon a complaint made against any public utility by any 
 mercantile, agriciiltural or manufacturing society, or by any body 
 politic or mimicipal organization, or by any three persons, firms, 
 corporations or associations, that any or all of the rates, tolls, 
 charges or schedules or any joint rate or rates are in any respect 
 unreasonable or unjustly discriminatory, or that any regulation, 
 measurement, practice or act whatsoever affecting or relating to 
 the production, transmission, delivery or furnishing of heat, 
 light, water or power or the conveyance of any telegraph or tele- 
 
 1013 phone message, or the transportation of persons or property by 
 street railroad, or any service in connection therewith is in any 
 respect unreasonable, insufficient or unjustly discriminatory, or 
 that any service rendered by any public utility is inadequate or is 
 not afforded, commission shall proceed, with or without notice, 
 to make such investigation as it may deem necessary or con- 
 
 286 
 
venient. But no order affecting said rates, tolls, charges, sched- 
 ules, regulations, measurements, practice or act complained of 
 shall be entered by commission without a formal hearing. Gen. 
 Laws 1911, ch. 27P, sec. 41. 
 
 Commission shall, prior to such formal hearing, notify the 
 public utility complained of that complaint has been made, and 
 1014 to answer the same, and at the same time, or afterward, may pro- 
 ceed to set a time and place for a hearing and an investigation as 
 hereinafter provided. Same, sec. 42. 
 
 Commission shall give the public utility and the complainant, 
 if any, ten days' notice of the time and place when and where such 
 hearing and investigation will be held and such matters consid- 
 1016 ered and determined. Both the public utility and complainant 
 shall be entitled to be heard, and shall have process to enforce the 
 attendance of witnesses. Same. 
 
 If, upon such investigation, any rates, tolls, charges, sched- 
 ules or joint rates, shall be found to be unjust, unreasonable, 
 insufficient or unjustly discriminatory, or to be preferential or 
 
 1016 otherwise in violation of any of the provisions of this act, com- 
 mission may fix and order substituted therefor such rate or rates, 
 toUs, charges or schedules as shall be just and reasonable. Same, 
 sec. 43. 
 
 If upon such investigation it shall be found that any regula- 
 tion, measurement, practice, act or service complained of is im- 
 just, unreasonable, insufficient, preferential, unjustly discrim- 
 inatory or otherwise in violation of any of the provisions of this 
 act, or if it be foimd that any service is imsafe or inadequate, or 
 
 1017 that any reasonable service cannot be obtained or is not afforded, 
 commission may substitute therefor such other regulations, meas- 
 urements, practices, service or acts and make such order re- 
 specting, and such changes in such regulations, measiirements, 
 practices, service or acts as shall be just and reasonable. Same. 
 
 Commission may, in its discretion, when a complaint is made 
 of more than one rate or charge, order separate hearings thereon, 
 and may consider and determine the several matters complained 
 
 1018 of separately, and at such times as it may prescribe. No com- 
 plaint shall at any time be dismissed because of the absence of 
 direct damage to the complainant. Same, sec. 44. 
 
 Whenever commission shall believe that any rate or charge or 
 schedule of rates or charges may be tinreasonable or unjustly dis- 
 criminatory, or that any service is tmsafe or inadequate or is not 
 afforded or that an investigation of any matter relating to any pub- 
 
 287 
 
lie utility should for any reason be made, it may, on its own mo- 
 tion, summarily investigate the same with or without notice. If, 
 after making such investigation, commission becomes satisfied that 
 sufficient grounds exist to warrant a hearing being ordered to 
 determine whether any rate or charge or schedule of rates or 
 charges so investigated is unreasonable or unjustly discriminatory, 
 or whether the service investigated is unsafe or inadequate or is 
 
 1019 not afforded, or that an investigation of any other matter relating 
 to such public utilities should be made, it shall furnish such pub- 
 lic utility interested a statement, notifying the public utility of 
 the matters under investigation, which said statement shall be 
 accompanied by a notice fixing a time and place for hearing upon 
 such matters. Notice may likewise be given to other parties 
 interested. Such notice of hearing shall be given at least ten 
 days in advance of any hearing. Thereafter proceedings shall be 
 had and conducted in reference to the matter investigated in like 
 manner as though complaint had been filed with the commission 
 relative to the matter investigated, and the same order or orders 
 may be made in reference thereto as if such investigation had 
 been made on complaint. Same, sec. 4j. 
 
 Any public utility may make complaint as to any matter 
 affecting its own product or service with like effect as though 
 
 1020 made by any mercantile, agricultiiral, or manufacturing society, 
 body politic or mtinicipal organization or by any ten persons, 
 firms, corporations or associations. Same, sec. 46. 
 
 Whenever, upon an investigation made under the provisions 
 of this act, commission shall find any existing rate or rates, or 
 any schedule of rates, tolls, charges, joint rate or joint rates to be 
 unjust, imreasonable, insufficient or unjustly discriminatory, or 
 to be preferential or otherwise in violation of any of the provisions 
 
 1021 of this act, commission shall determine and by order fix reasona- 
 ble rate or rates, schedule of rates, tolls, charges or joint rates to 
 be imposed, observed and followed in the future in lieu of those 
 found to be unjust, unreasonable, insufficient or unjustly dis- 
 criminatory, or preferential or otherwise in violation of any of 
 the provisions of this act. Same, sec. 51. 
 
 Whenever, upon an investigation made under the provisions 
 of this act, commission shall find any regulations, measurements, 
 practices, acts or service to be unjust, imreasonable, insufficient,' 
 preferential, imjustly discriminatory, • or otherwise in violation 
 of any of the provisions of this act ; or shall find that any service 
 is unsafe or inadequate or that any service which can be reasona- 
 
 288 
 
bly demanded is not afforded, commission shall determine and 
 
 1022 declare and by order fix reasonable measurements, regulations, 
 acts, practices or service to be fiimished, imposed, observed and 
 followed in the future in lieu of those found to be unjust, un- 
 reasonable, insufficient, preferential, unjustly discriminatory, un- 
 safe, inadequate, or otherwise in violation of this act, as the case 
 may be, and shall make such ether order respecting such measiire- 
 ment, regulation, act practice or service as shall be just and 
 reasonable. Same. 
 
 Commission shall cause a certified copy of all such orders 
 to be delivered to an officer or agent of the public utility affected 
 
 1023 thereby, and all such orders shall of their own force take effect 
 and become operative 20 days after service thereof, unless a dif- 
 ferent time be provided by said order. Same. 
 
 Commission may provide by rule that any public utility 
 affected by any order shall within a time to be fixed by commis- 
 
 1024 sion, notify commission whether the terms of the order are ac- 
 cepted and will be obeyed. Same. ' 
 
 See also pars. 132 j, 1325. 
 
 RHODE ISLAND Upon a written complaint made against any 
 public utility by any city or town council or by any corporation 
 or by 25 qualified electors that any of the rates, tolls, charges 
 or any joint rate or rates of any public utility are in any respect 
 unreasonable or unjustly discriminatory or that any regulation, 
 measurement, practice or act whatsoever of any public utility 
 affecting or relating to the conveyance of persons or property 
 or any service in connection therewith or affecting or relating 
 to the production, transmission, delivery or ftimishing of heat, 
 light, water or power, or any service in connection therewith, or 
 the conveyance of any telephone or telegraph message, or any 
 service in connection therewith, is in any respect unreasonable, 
 
 1025 insufficient or unjustly discriminatory or that any service is 
 inadequate or cannot be obtained or is unsafe or that the public 
 safety is endangered thereby, commission shall proceed with 
 or without notice to make such investigation as it may deem 
 necessary or convenient. But no order affecting said rates, tolls, 
 charges, regulations, measurements or practices, act or service 
 complained of shall be entered by commission without a formal 
 public hearing. When any complaint shall be made by 25 or 
 more qualified electors, such complaint shall designate one of the 
 complainants upon whom sha jbe served all notices, orders and 
 
 289 
 
citations required by this act to be served upon complainants. 
 Acts igi2, ch. 7P5, sec. i8. 
 
 Commission shall prior to such formal hearing notify the 
 public utility complained of that a complaint has been made, and 
 
 1026 ten days after such notice has been given commission may pro- 
 ceed to set a time and place for a hearing and an investigation 
 as hereinafter provided. Same, sec. ig. 
 
 ^ Also a provision substantially identical with pS,r. 1015. 
 
 1027 Same, sec. 20. 
 
 If upon such a hearing and investigation had under the 
 provisions of this act, commission shall find any existing rates, 
 tolls, charges or joint rate or rates of any public utility to be 
 
 1028 unjust, unreasonable, insufficient or unjustly discriminatory or to 
 be preferential or otherwise in violation of any of the provisions 
 of this act, commission may fix and order substituted therefor 
 such rates, tolls, charges or joint rates as shall be just and reason- 
 able. Same, sec. 21. 
 
 If upon such a hearing and investigation it shall be found 
 that any rate, toll, charge or joint rate or rates is unjust, unrea- 
 sonable, insufficient or unjustly discriminatory or preferential or 
 otherwise in violation of any of the provisions of this act or that 
 any regulation, measurement, practice, act or service complained 
 
 1029 of is unjust, unreasonable, insufficient, preferential or otherwise in 
 violation of any of the provisions of this act, or if it be found that 
 any service is inadequate or that any reasonable service cannot 
 be obtained, the public utility found to be at fault shall pay the 
 expenses incurred by commission upon such investigation either 
 in whole or in part as commission in its discretion may determine. 
 Same, sec. 24. 
 
 1030 Also a provision identical with par. 10 18. Same, sec. 25. 
 See also pars. 3777, 3778. 
 
 SOUTH CAROLINA See par. 2457. 
 
 SOUTH DAKOTA After the rates herein provided for have been 
 made, readjusted and published and after they have been put in 
 force and effect, any express company may apply to commission 
 for an order to change and modify such schedule of rates, in which 
 case commission shall call a hearing for the pvupose of deter- 
 
 1081 mining the justice of such rate. The testimony taken at such 
 hearing shall be preserved in full. After any such hearing com- 
 mission shall change, modify and establish a new schedule for 
 any schedule foimd to be unjust, without otherwise affecting the 
 
 290 
 
schedule of rates established by this act. Sess. Laws igog, ch. 
 ijg, sec. J. 
 
 Upon the application of any person interested claiming that the 
 rates established by law are too high or that there is discrimination 
 in the rates of any company or in the joint rates of any two or 
 
 1032 more companies, commission shall call and hold a hearing to 
 determine the issues and in such cases shall change, modify and 
 establish such rate as may be just for such schedule. Same, 
 sec. 6. 
 
 Whenever any person upon his own behalf, or class of per- 
 sons similarly situated, or any firm, corporation or association or 
 any mercantile, agricultural or maniifacturing society or body 
 politic, commercial club or board of trade or municipal organiza- 
 
 1033 tion shall make complaint to commission that the rate or fares 
 charged or published by any common carrier, or the maximum 
 rates and fares fixed by commission in any schedules of rates and 
 fares made by it is unreasonably high or discriminating, com- 
 mission shall immediately investigate the matter of such com- 
 plaint. Sess. Laws igii, ch. 207, sec. 21. 
 
 If such complaint appears to be well foimded and not trivial 
 in character, commission shall fix a day for hearing the same and 
 shall notify the common carriers interested of the time and place 
 of such hearing by mailing by registered letter a notice of hearing 
 
 1034 with a copy of such complaint properly directed to any division 
 superintendent, general or assistant superintendent, general man- 
 ager, president or secretary of such company, and commission 
 shall also notify the person or persons complaining of such time 
 and place. Same. 
 
 1036 Also a provision for common carriers substantially identical 
 
 with par. 999. Same, sec. 22. 
 
 Also a provision for common carriers identical with par. 
 
 1036 1000, except that ''and including a classification of such freight" 
 reads "and including a classification of freight, express or mes- 
 sages." Same, sec. 23. 
 
 See also par. 24jg. 
 
 VERMONT When in the judgment of commission after in- 
 
 vestigation and hearing upon reasonable notice to all parties 
 interested, it appears that any of the rates, tariffs or charges 
 posted as provided in section 4533, are excessive, unjust, unreason- 
 able or discriminatory or that the facilities and accommodations 
 
 1037 furnished by any railroad corporation are not adequate, reason- 
 able and equal, it shall by order made in the premises determine 
 
 291 
 
and prescribe what will be a just and reasonable rate, tariff or 
 charge, or adequate, reasonable or equal facilities and accommo- 
 dations, and after giving notice of such an order may fix a time 
 within which such railroad corporation shall comply with such 
 order. Puh. Stats. igo6, sec. 4535. 
 
 If upon investigation the rates, tolls, charges or schedules 
 are foimd tmjust, imreasonable, insufficient or unjustly dis- 
 criminatory or to be preferential or otherwise in violation of the 
 
 1038 provision of this act, commission may order and substitute there- 
 for such rate or rates, tolls, charges or schedules and may make 
 such changes in any regiilations, measurements, practices or acts 
 of any company subject to the supervision of commission, relating 
 to its service and may make such order as will compel the fur- 
 nishing of such service, as shall at said hearing be foimd by it to 
 be just and reasonable. Laws igo8, no. 116, sec. 10. 
 
 This section shall not be construed to require the same 
 charges, tolls or rates from any company for like service in differ- 
 
 1039 ent parts of the state, but commission in determining these 
 questions shall investigate local conditions and its final findings 
 and judgment shall take cognizance thereof. Same. 
 
 See also pars. 34Q, 351. 
 
 WASHINGTON Whenever commission shall find, after a hear- 
 
 ing had upon its own motion or upon complaint as herein pro- 
 vided, that the rates, fares or charges demanded, exacted, charged 
 or collected by any common carrier for the transportation of per- 
 sons or property within the state or in connection therewith, or 
 that the regulations or practice of such common carrier affecting 
 such rates, are unjust, unreasonable, unjustly discriminatory or 
 
 1040 unduly preferential or in anywise in violation of the provisions of 
 law, or that such rates, fares or charges are insufficient to yield 
 a reasonable compensation for the service rendered, commission 
 shall determine the just, reasonable or sufficient rates, fares or 
 charges, regulations or practices to be thereafter observed and 
 enforced and shall fix the same by order as hereinafter provided. 
 Laws iQiiy ch. iij, sec. 53. 
 
 Whenever commission shall find after a hearing had upon 
 its own motion or upon complaint as herein provided, that the 
 rates or charges demanded, exacted, charged or collected by any 
 gas company, electrical company or water company for gas, 
 
 1041 electricity or water or in connection therewith, or that the rules, 
 regulations, practice or contracts' affecting such rates or charges 
 are tmjust, unreasonable, unjustly discriminatory or unduly pref- 
 
 292 
 
 1 
 
erential or in anywise in violation of the provisions of law, or 
 that such rates or charges are insufficient to yield a reasonable 
 compensation for the service rendered, commission shall deter- 
 mine the just, reasonable or sufficient rates, charges, regulations, 
 practices or contracts to be thereafter observed and in force, and 
 shall fix the same by order as hereinafter provided. Same, sec. 54. 
 
 Whenever commission shall find after a hearing had upon its 
 own motion or upon complaint that the rates, charges, tolls or 
 rentals demanded, exacted, charged or collected by any telegraph 
 or telephone company for the transmission of messages by tele- 
 graph or telephone or for the rental or use of any telegraph line, 
 telephone line or any telegraph instrument, wire, appliance, 
 apparatus or device, or any telephone receiver, transmitter, in- 
 strument, wire, cable, apparatus, conduit, machine, appliance 
 
 1042 or device or any telephone extension or extension system, or that 
 the rules, regulations or practices of any telegraph or telephone 
 company affecting such rates, charges, tolls, rentals or service 
 are unjust, unreasonable, im justly discriminatory or imduly 
 preferential or in anywise in violation of law, or that such rates, 
 charges, tolls or rentals are insufficient to yield reasonable com- 
 pensation for the service rendered, commission shall determine the 
 just and reasonable rates, charges, tolls or rentals to be thereafter 
 observed and in force and fix the same by order as hereinafter 
 provided. SamCy sec. 55. 
 
 Whenever commission shall find after a hearing had upon its 
 own motion or upon complaint as herein provided, that the rates or 
 charges demanded, exacted, charged or collected by any wharf- 
 inger or warehouseman for the receipt, storage or handling of 
 freight or in connection therewith or that the rules, regulations 
 or practices affecting such rates or charges are imjust, unreason- 
 
 1043 able, unjustly discriminatory or imduly preferential or in any- 
 wise in violation of the provisions of law, or that such rates and 
 charges are insufficient to yield a reasonable compensation for 
 the service rendered, commission shall determine the just, rea- 
 sonable or sufficient rates, charges, rules, regulations or practices 
 to be thereafter observed and in force and shall fix the same by 
 order as hereinafter provided. Same, sec. 56. 
 
 Whenever commission shall find after hearing had upon its 
 own motion or upon complaint as herein provided, that any 
 rate, toll, rental or charge which has been the subject of com- 
 plaint and inquiry is sufficiently remunerative to the public 
 
 1044 service company affected thereby, it may order that such rate, 
 
 293 
 
toll, rental or charge shall not be changed, altered, abrogated 
 or discontinued nor shall there be any change in the classification 
 which will change or alter such rate, toU, rental or charge without 
 first obtaining the consent of commission authorizing such change 
 to be made. Same, sec. 84} 
 See also par. 3704. 
 
 WISCONSIN Provisions substantially identical with pars. 
 
 888, 889, 890, 891, 892, loio, 894, 947, 980, 981, 897, except 
 
 1045 that section 12 is referred to. Laws 1905, ch. 362, sees, iygy-12 
 to i^gy-i2{c) {as amended by Laws 1905, sp. sess., ch. 313), 1797- 
 JJW, 1797-14^ i797-i4{h), i797-i4{c). 
 
 "Where the order made relates to service, and the same cannot, 
 in the judgment of commission, be complied with within 20 days, 
 commission may prescribe such additional time as in its judgment 
 
 1046 is reasonably necessary to comply with the order and may on 
 application and for good cause shown extend the time for com- 
 
 • pliance fixed in its order. Same, sec. 1797-1 4{a), as amended 
 by Laws 1907, ch. 582. 
 
 Upon a complaint made against any public utility by any 
 mercantile, agricultural or manufacturing society or by any body 
 politic or municipal organization or by any 25 persons, firms, 
 corporations or associations that any of the rates, tolls, charges 
 or schedules or any joint rate or rates are in any respect un- 
 reasonable or imjustly discriminatory or that any regulation, 
 measurement, practice or act whatsoever affecting or relating 
 to the production, transmission, delivery or furnishing of heat, 
 
 1047 light or water or power or any service in connection therewith or 
 the conveyance of any telephone message or any service in con- 
 nection therewith is in any respect unreasonable, insufficient or 
 unjustly discriminatory, or that any service is inadequate or can- 
 not be obtained, commission shall proceed with or without notice 
 to make such investigation as it may deem necessary or con- 
 venient. But no order affecting said rates, tolls, charges, sched- 
 ules, regulations, measurements, practice or act complained of 
 shall be entered by commission without a formal public hearing. 
 Laws 1907, ch. 499, sec. i797m-43. 
 
 1048 Also a provision identical with par. 1026. Same, sec. 
 i797m-44. 
 
 • Nothing in this act shall authorize the commission to make or enforce any order 
 affecting rates, tolls, rentals, contracts, or charges or service rendered, or the safety, ade- 
 quacy or sufficiency of the facilities, equipment, instrumentalities or buildings, or the 
 reasonableness of rules or regulations made, furnished, used, supplied or in force affecting 
 any street railroad, telephone line, gas plant, electrical plant or water system owned and 
 operated by any city or town, but all other provisions enumerated herein shall apply to 
 public utilities owned by any city or town. Laws /f>//, ch. 117, sec. loj. 
 
 294 
 
1049 Also provisions identical with pars. 1615, 1016. Same, sees. 
 1797771-45, i797m-46{i). 
 
 If upon such investigation it shall be found that any rate, 
 toll, charge, schedule or joint rate or rates is unjust, tinreason- 
 able, insufficient or unjustly discriminatory or preferential or 
 otherwise in violation of any of the provisions of this act, or that 
 any regulation, practice, act or service complained of is tinjust, 
 
 1050 unreasonable, insufficient, preferential or otherwise in violation 
 of any provision of this act, or if it be found that any service is 
 inadequate or that any reasonable service cannot be obtained, 
 the public utility fotind to be at fault shall pay the expenses in- 
 curred by the commission upon such investigation. Same, sec. 
 1797^-47- 
 
 Also provisions identical w4th pars. 1018, 1020, 1021, except 
 
 1061 that ''or by any ten persons" in par. 1020 reads ''or by any 25 
 persons." Same, sees. i7Q7m-48, i7g7m-52, i797m-6o{i). 
 
 Whenever upon an investigation made under the provisions 
 of this act commission shall find that any rate, toll, charge, sched- 
 ule or joint rate or rates is unjust, unreasonable, insufficient or 
 unjustly discriminatory or preferential or otherwise in violation 
 of any of the provisions of this act, or that any measurement, 
 regiilation, practice, service or act complained of is unjust, un- 
 reasonable, insufficient, preferential, unjustly discriminatory or 
 
 1062 otherwise in violation of any of the provisions of this act, or if 
 it shall find that any service is inadequate or that any service 
 which can reasonably be demanded cannot be obtained, commis- 
 sion shall ascertain and declare and by order fix the expenses 
 incurred by commission upon such investigation and shall by 
 order direct such public utility to pay the state treasurer within 
 20 days thereafter such expenses so incurred. Same, sec. I7g7m~ 
 60(3). 
 
 Commission shall cause a certified copy of all such orders to 
 be delivered to an officer or agent of the public utility affected 
 
 1063 thereby, and all such orders shall of their own force take effect 
 and become operative 20 days after service thereof unless a differ- 
 ent time be provided by said order. Same, sec. i797m-6o{4). 
 
 All public utilities to which the order applies shall make such 
 changes in their schedule on file as ma}^ be necessary to make the 
 1054 same conform to said order, and no changes shall be made by any 
 public utility in any such rates, tolls, or charges, or in any joint 
 rate or rates without the approval of commission. Same, sec. 
 i797m-6i. 
 
 295 
 
Certified copies of all other orders of commission shall be 
 1051 delivered to the public utility affected thereby in like manner 
 and the same shall take effect within such time thereafter as com- 
 mission shall prescribe. Same. 
 
 See also pars. 1330, 1335, 3788. 
 
 D. SPECIAL AUTHORITY OF COMMIS- 
 SION AND DUTY OF UTILITIES WITH 
 RESPECT TO THE ESTABLISHMENT 
 AND CHANGE OF JOINT OR THROUGH 
 SERVICE AND ROUTES, AND RATES 
 AND CHARGES THEREFOR. 
 
 I. Carriers of Persons and Goods. 
 
 UNITED STATES It shall be the duty of every carrier subject to 
 the provisions of this act to establish through routes and just and 
 reasonable rates applicable thereto; and to provide reasonable 
 
 1066 facilities for operating such through routes and to make reason- 
 able rules and regulations with respect to the exchange, inter- 
 change, and return of cars used therein, and for the operation of 
 such through routes, and providing for reasonable compensation 
 to those entitled thereto. Act to Regulate Commerce, sec. i. 
 
 Whenever the carrier or carriers in obedience to an order of 
 commission or otherwise in respect to joint rates, fares or charges, 
 shall fail to agree among themselves upon the apportionment or 
 
 1067 division thereof, commission may after hearing make a supple- 
 mental order prescribing the just and reasonable proportion of 
 such joint rate to be received by each carrier party thereto, 
 which order shall take effect as a part of the original order. 
 Same, sec. 15. 
 
 Commission may also after hearing on a complaint or on its 
 own initiative without complaint establish through routes and 
 joint classifications and may establish joint rates as a maximum 
 to be charged, and may prescribe the division of such rates as 
 
 1068 hereinbefore provided and the terms and conditions under which 
 such through routes shall be operated whenever the carriers them- 
 selves shall have refused or neglected to establish volimtarily 
 such through routes or joint classifications or joint rates; and 
 this provision shall apply when one of the connecting carriers 
 is a water line. Same. 
 
 296 
 
Commission shall not, however, establish any through route, 
 classification or rate between street electric passenger railways 
 not engaged in the general business of transporting freight in 
 addition to the passenger and express business and railroads of a 
 1069 different character, nor shall commission have the right to es- 
 tablish any route, classification, rate, fare or charge when the 
 transportation is wholly by water, and any transportation by 
 water affected by this act shall be subject to the laws and regu- 
 lations applicable to transportation by water. Same. 
 
 In establishing such through route commission shall not 
 require any company without its consent to embrace in any such 
 route substantially less than the entire length of its railroad and 
 of any intermediate railroad operated in conjunction and tmder a 
 
 1060 common management or control therewith which lies between the 
 termini of such proposed through route imless to do so would 
 make such through route unreasonably long as compared with 
 another practicable through route which could otherwise be es- 
 tablished. Same. 
 
 See also par. 88y. 
 
 ALABAMA Whenever the rate or charge ordered sub- 
 
 stituted by commission shall be a joint rate or charge and the 
 transportation company or companies affected thereby shall fail 
 
 1061 to agree upon the apportionment thereof within 20 days after the 
 service of such order, commission may after a hearing issue a 
 supplemental order declaring the apportionment of such joint 
 rate or charge and the same shall take effect of its own force 
 as part of the original order. Code iQoy, sec. 5680. 
 
 Whenever any transportation company shall refuse or neg- 
 lect to establish a joint rate or rates for the transportation of 
 
 1062 persons or property, commission may, upon notice to such 
 transportation company or companies, and after an opportunity 
 to be heard as provided in sections 5667 and 5668 of this code, 
 fix and establish such joint rate or rates. Same, sec. 5681. 
 
 If the transportation companies parties thereto shaU fail to 
 agree upon the apportionment thereof within 20 days after the 
 
 1063 service of such orders, commission may, upon like hearing, issue 
 a supplemental order declaring the apportionment of such joint 
 rate or rates, and the same shall take effect of its own force as 
 part of the original order. Same. 
 
 In cases relating to the fixing, regulating or prescribing of 
 
 1064 joint rates of two or more transportation companies, such trans- 
 
 297 
 
portation companies may be joined in one proceeding before 
 commission. Same, sec. 5682. 
 
 When a shipment of freight shall pass over the whole or part 
 of two or more railroads, the rate to be charged shall be either a 
 continuous mileage rate not exceeding the lawful rate or a rate for 
 each road, not greater than its lawful maximimi rate for the dis- 
 tance hauled over its road less ten percent, as commission may in 
 its judgment determine, and commission shall establish a rule or 
 order applicable to each railroad, prescribing which railroad 
 1066 shall for such shipment charge the continuous mileage rate and 
 which shall charge a rate not greater than its lawful maximum 
 rate for the distance haiiled less ten per cent . , and such rule or order 
 shall be binding on and limit the charge of each railroad to which 
 it is apphcable with respect to such shipments until changed by 
 commission. But nothing in this section shall be construed to 
 prohibit the joint rates being divided into such proportions as 
 may be agreed upon by the railroads interested. Acts igoy, 
 sp. sess., no. ly, sec. 14. 
 
 See also pars. 888, 88g, 8go, 8g6. 
 
 ARIZONA Nothing in this section contained shall be 
 
 construed as in anjrwise limiting or modifying the duty of a 
 common carrier to establish joint rates, fares and charges for 
 the transportation of passengers and property over the lines 
 
 1066 owned, operated, controlled or leased by it and the lines of 
 other common carriers, nor as in any manner limiting or modi- 
 fying the power of commission to require the establishment of 
 such joint rates, fares and charges. Sess. Laws igi2, ch. go, 
 sec. 22(a). 
 
 Whenever commission, after a hearing had upon its own 
 motion or upon complaint, shall find that the rates, fares or 
 charges in force over two or more common carriers, between 
 any two points in the state, are unjust, unreasonable or exces- 
 sive, or that no satisfactory through route or joint rate, fare 
 or charge exists between such points, and that the public con- 
 
 1067 venience and necessity demand the establishment of a through 
 route and joint rate, fare or charge between such points, com- 
 mission may order such common carriers to establish such through 
 route and may establish and fix a joint rate, fare or charge which 
 will be fair, just, reasonable and sufficient, to be allowed, charged, 
 enforced, demanded and collected in the future, and the terms and 
 conditions under which such through route shall be operated. 
 Same, sec, 33, 
 
 298 
 
Commission may order that freight moving between such 
 points shall be carried by the different common carriers, parties 
 
 1068 to such through route and joint rate, by the nearest and most 
 practicable route and without being transferred from the originat- 
 ing cars. Same. 
 
 In case the common carriers do not agree between them upon 
 the division of the joint rates, fares or charges estabHshed by 
 commission over such through routes, commission shall, after 
 hearing, by supplementary order, establish such division; pro- 
 vided, that where any raihoad corporation which is made a 
 party to a through route has itself over its own line an equally 
 
 1069 satisfactory through route between the termini of the through 
 route established, such railroad corporation shall have the right 
 to require as its division of the joint rate, fare or charge, its local 
 rate, fare or charge over the portion of its lines comprised in such 
 through route, and commission may, in its discretion, allow to 
 such railroad corporation more than its local rate, fare or charge, 
 whenever it will be equitable so to do. Same, 
 
 Commission may establish and fix through routes and joint 
 
 1070 rates, fares or charges over common carriers and stage or auto 
 stage lines and fix the division of such joint rates, fares or charges. 
 Same. 
 
 ARKAJTSAS If any two or more connecting lines of railroad 
 
 shall fail to agree upon a fair and just division of the charges 
 arising from the transportation of freights, passengers or cars 
 
 1071 over their lines, commission shall make the division and shall 
 fix the pro rata part of such charges to be received by each of 
 said connecting lines. Kirhy^s Digest 1Q04, sec. 68 jo. 
 
 Where in this state two or more connecting lines of railroad 
 are operated by, or under, one management or company, or 
 where the majority of the stock of each of two or more railroad 
 companies, whose tracks connect, is owned or controlled, either 
 directly or indirectly, by any one of such companies, the hnes of 
 railroad of all such companies shall, in respect to the application 
 and making of rates, within the meaning and intent of this 
 
 1072 act, be considered as constituting but one and the same rail- 
 road, and rates for the carriage of freight or passengers over 
 such railroads, or any portion thereof, shall be computed upon 
 a continuous mileage basis, the same as upon the lines of a 
 single railroad company, whether such railroads have separate 
 boards of directors or not; provided, that commission shall 
 have power to fix different rates for different lines, bearing th^ 
 
 ?99 
 
relation to each other described in this section, whenever it 
 finds such action necessary to do justice. Acts igoy, no. 422, 
 sec. I. 
 
 CALIFORNIA Provisions substantially identical with par. 
 
 1073 1067. Stats, igii, I St. ex. sess., ch. 14, sees. 22(a), jj. 
 
 CONNECTICUT If the lines of any two or more common car- 
 
 riers or railroad or street railway companies form or by the con- 
 struction and maintenance of. a switch or other suitable connec- 
 tion could be made to form a continuous line of transportation, 
 
 1074 commission, upon hearing after due public notice, may authorize 
 or require the establishment by such companies at joint rates of 
 through routes or transportation for passengers or for such 
 freight or other property as commission may designate. Pub. 
 Acts igii, ch. 128, sec. 21. 
 
 Commission may after due hearing require any of such 
 1076 companies to operate over its lines cars or other equipment de- 
 livered by any other of such companies. Same. 
 
 If such companies cannot agree as to the division of rates or 
 the conditions under which such through routes or transportation 
 shall be established or such cars or other equipment operated, 
 
 1076 commission may, after due hearing, determine and prescribe the 
 proportionate portions of such through rates payable to each of 
 such companies necessary to the establishment of such through 
 routes or transportation, or to the operation of such cars or 
 other equipment. Same. 
 
 FLORIDA Commission may make reasonable and just 
 
 joint rates for all connecting railroads as to all traffic or business 
 
 1077 passing from one of said railroads to another. Gen. Stats. igo6, 
 sec. 28gj. 
 
 Before applying joint rates to roads not under joint manage- 
 ment and control, commission shall give 30 days' notice to the 
 owners, operators or lessees of said road of the joint rate con- 
 templated and of its division of the same and give hearing to 
 roads desiring to object to said rates, and shall make just 
 
 1078 and reasonable rules and regulations for the observance of all 
 railroad companies operating said road to prevent the giving or 
 pajdng of any bonus or rebate or device of any description 
 used by said company directly or indirectly for the purpose of 
 deceiving or misleading the public as to the actual rates charged. 
 Same, sec. 28g4. 
 
 300 
 
GEORGIA Substantially identical with pars. 1077, 1078. 
 
 1079 Code igii, sec. 26 jo. 
 
 ELLINOIS Nothing in this section shall be construed as in 
 
 any wise limiting or modifying the duty of a common carrier to 
 establish joint rates, fares and charges for the transportation of 
 
 1080 passengers and property over the lines owned, operated, con- 
 trolled and leased by it and the lines of other common carriers, 
 nor as in any manner limiting or modifying the power of com- 
 mission to require the establishment of such joint rates, fares and 
 charges. Revisal igog, ch. 114, sec. iq2. 
 
 But this shall not be construed as requiring any common car- 
 
 1081 rier to give the use of its tracks or terminal facilities to another 
 carrier engaged in like business. Same. 
 
 Commission may, after hearing upon a complaint or upon its 
 own initiative without complaint, establish joint classifications 
 and may establish through rates and joint rates as the maximttm 
 to be charged by all common carriers for the transportation of 
 persons or property between points wholly within the state, and 
 may prescribe the division of such rates and the terms and 
 conditions under which such through rates and joint rates shall 
 
 1082 be operated whenever the carriers themselves shall have refused 
 or neglected to establish volimtarily such through rates and joint 
 classifications or joint rates, and this provision shall apply when 
 one of the connecting carriers is a water line; provided, that upon 
 such hearing commission shall find that such through rate and 
 joint classification or joint rate is necessary for the accommoda- 
 tion of the public and will not give to one carrier an imf air or im- 
 equal advantage over another. Same, sec. igj. 
 
 The shipper shall have the right to route his freight whenever 
 
 1083 through rates shall have been established either by commission or 
 the railroad. Same. 
 
 Commission may, after hearing on a complaint or upon its 
 own initiative without complaint, establish through routes and 
 
 1084 joint rates and classifications, also a division of such rates, to 
 apply as the maximum to or upon shipments over the routes of 
 two or more express companies or carriers by express between 
 points within the state. Same, sec. j6g. 
 
 1085 Also a provision for express companies or carriers by express 
 substantially identical with par. 1057. Same. 
 
 INDIANA Commission shall, as hereinafter provided, upon 
 
 the failure of the railroad companies so to do, fix and establish 
 
 301 
 
1086 for all or any connecting lines of railroads, reasonable joint rates 
 of freight, transfer and switching charges for the various classes 
 of freight and cars that may pass over two or more lines of rail- 
 roads. Acts igoy, ch. 241, sec. j{b). 
 
 1087 Also a provision substantially identical with par. 107 1. 
 SamCt sec. sic). 
 
 All railroad companies shall upon the demand of any person 
 
 1088 or persons interested, establish reasonable joint rates for the 
 transportation of freight between points upon their respective 
 lines within the state. Same, sec. sin). 
 
 All railroad companies shall receive and transport freight 
 
 1089 and cars over such route or routes as the shipper may direct. 
 Same. 
 
 Carload lots shall be transferred without unloading into 
 other cars unless such unloading into other cars shall be done 
 
 1090 without charge therefor to the shipper or receiver of such car- 
 load lots and imless such transfer be made without unreasonable 
 delay. Same. 
 
 Less than carload lots shall be transferred into the connect- 
 
 1091 ing railway's cars at cost which shall be included in and made a 
 part of the joint rate adopted by such railway companies or 
 established as provided in this act. Same. 
 
 IOWA The preceding sections of this chapter shall 
 
 not be construed to prohibit the making of rates by two or more 
 railway companies for the transportation of property over two or 
 more of their respective lines within the state; and a less charge 
 by each of said companies for its portion of such joint shipment 
 than it charges for a shipment for the same distance wholly over 
 its own line within the state shall not be considered a violation of 
 
 1092 said chapter, and shall not render such company liable to any of 
 the penalties thereof; but the provisions of this section shall not 
 be construed to permit railway companies establishing joint rates 
 to make thereby any unjust discrimination between the different 
 shipping points or stations upon their respective lines between 
 which joint rates are established, and any such unjust discrim- 
 ination shall be pimished in the manner and by the penalties pro- 
 vided by this chapter. Code iSgy^ sec. 2152. 
 
 Commission shall within ten days after this act takes effect 
 
 notify in writing every railway company that it will upon a day 
 
 named in such notice, which day shall not be more than 30 days 
 
 1098 after giving said notice, take up for investigation the subject of 
 
 establishing joint through rates as herein provided. It shall also 
 
 302 
 
give a similar notice directed "to whom it may concern" and s6 
 publish the same that it will have general circulation throughout 
 the state. Samey sec. 2155. 
 
 All corporations, partnerships and persons interested in the 
 
 1094 subject may present themselves at the hearing and be heard un- 
 der such rules and regulations as commission may prescribe. Same. 
 
 At the end of the investigation, which shall be carried on 
 with all due dihgence, commission shall make and publish a 
 schedule of joint through railway rates for such traffic and on 
 
 1095 such routes as in its judgment the fair and reasonable conduct 
 of business requires shall be done by carriage over two or more 
 lines of railway and will promote the interests of the people of 
 the state. Same. 
 
 In establishing such rates for shipments in less than car- 
 load lots, in cases where at the connecting point or points in the 
 line of shipment the connecting railways have not and are not 
 required to have a common station or stopping place for loading 
 
 1096 or unloading freight, commission shall make such lawful regula- 
 tions as in its judgment will be fair and just respecting the trans- 
 portation of such freight from the usual imloading place of one 
 railway to the usual loading place of the other. Same. 
 
 The joint through rates thus established shall be promul- 
 gated by mailing a printed copy thereof to each railway com- 
 pany affected thereby, and shall go into effect within ten days 
 after they are so promulgated; and from and after that time an 
 
 1097 official printed schedule thereof shall be prima facie evidence in 
 all courts of the state that the rates therein fixed are just and 
 reasonable for the joint transportation of such freight between the 
 points and over the lines described therein. Same. 
 
 Commission shall deliver a printed copy of said schedule to 
 
 1098 any person making application therefor. Same. 
 
 The share of any railway company of any joint through rate 
 shall not be construed to fix the charge that it may make for 
 
 1099 transportation for a similar distance over any part of its line for 
 any single rate shipment or the share of any other joint rate. 
 Same. 
 
 Commission, upon reasonable notice as it may prescribe, 
 may upon its own motion or upon the application of any person, 
 firm or corporation interested therein, revise, change or add to any 
 
 1100 joint through rate fixed or promulgated thereimder, and any such 
 revised, changed or added joint rates shall have the same force 
 and effect as the rate or rates originally established. Same. 
 
Commission may authorize upon proper hearing any railway 
 company whose h'ne connects the point of shipment with the 
 point of destination but requires a longer haul than the joint haul 
 over which a joint rate has been established to charge the joint 
 
 1101 rate without affecting the charge upon any other part of its line 
 except that the charge for a like kind of property must not be 
 greater for a shorter than for a longer distance over its railroad, 
 all of the shorter hauls being included within the longer. Same. 
 
 This section shall apply to interurban railways and their 
 
 1102 connection with ordinary steam railways. Same. 
 
 Before the promiilgation of such rates, commission shall 
 notify the railroad companies interested of the schedule of joint 
 
 1103 rates fixed and give them a reasonable time thereafter to agree 
 upon a division of the charges provided for therein. Same, sec. 
 2156. 
 
 If such companies fail to agree upon a division and to notify 
 commission thereof, it shall after a hearing of the companies 
 interested decide the same, taking into consideration the value 
 
 1104 of terminal facilities and all the circtimstances of the haul and the 
 division so determined by it shall, in all controversies or actions 
 between the railway companies interested, be prima facie 
 evidence of a just and reasonable division thereof Same. 
 
 See also par. yg6. 
 
 KANSAS A provision substantially identical with par. 
 
 1105 107 1. Gen. Stats, igog, sec. 7 171. 
 
 Commission may after notice and hearing of the interested 
 parties, require any common carriers and all public utilities to 
 
 1106 establish and maintain just and reasonable joint rates wherever 
 the same are reasonably necessary to put iii, in order to main- 
 tain reasonably sufficient and efficient service from such public 
 utilities and common carriers. Laws igii, ch. 2j8, sec. 10. 
 
 See also pars. g20, g2i. 
 
 LOUISIANA Commission shall require all railroads and other 
 
 common carriers upon the demand of any person or persons, 
 firm, partnership or corporation, to adopt and make and there- 
 after when necessary to change reasonable and just joint through 
 
 1107 rates and charges for the transportation of freight whether such 
 shipments be made entirely by railroads or by water transporta- 
 tion or partly by railroads and partly by water, or whether, when 
 made by railroads alone, such freight is forwarded in carloads or 
 less than carload shipments. Stats. 1904, no. 24, sec. 1. 
 
 304 
 
 I 
 
Commission shall require all express, telegraph and tele- 
 phone companies or corporations upon the demand of any person 
 or persons, firm, partnership or corporation to adopt and make 
 and thereafter when necessary to change reasonable and just 
 joint through rates and charges for the carriage of express matter 
 
 1108 and the transmission of messages by telegraph and commimica- 
 tions by telephone between points in the state, provided, that 
 nothing in this act shall be construed to mean that any telephone 
 or telegraph company shall be required to connect its wires and 
 apparatus with the wires or apparatus of any other telephone or 
 telegraph company. Same, sec. 2. 
 
 In the event of the failure of the railroads and other common 
 carriers, express, telegraph and telephone companies referred to 
 in this act to establish reasonable joint through rates and charges 
 for transportation of freight and express matter and the trans- 
 mission of commimications by telegraph and telephone, commis- 
 sion shall upon the application of any person, firm, partner- 
 ship or corporation adopt and make such reasonable and just 
 rates and charges for the transportation of freight carried over 
 
 1109 the lines of two or more connecting railroads or other connecting 
 common carriers or for the transportation over the lines of two 
 or more connecting express companies or the transmission of 
 commimications over two or more connecting telephone or tele- 
 graph lines; and all such rates and charges thus adopted, made 
 and established by commission shall go into effect within 30 days 
 after the same shall have been promulgated by publication in 
 the official journal of commission and written or telegraphic 
 notice given to such companies. Same, sec. j. 
 
 Before the promulgation of such rates and charges thus 
 adopted by commission, said commission shall notify the rail- 
 roads and other common carriers, express, telegraph and tele- 
 phone companies interested of the proposed schedule of joint 
 through rates to be promulgated by commission, and shall allow 
 
 1110 them 30 days thereafter to agree upon a division of the charges 
 provided for in such schedule. If such companies or corporations 
 fail to agree upon a division and notify commission thereof it 
 shall after a hearing of the companies or corporations interested 
 decide the matter and determine how such division should be 
 made. Same, sec. 4. 
 
 MAINE When the managers of a railroad authorized to 
 
 cross or connect with another road are unable to agree therewith 
 as to the transportation of passengers and freight over their roads 
 
 305 
 
and upon other matters, or when the managers of the latter road 
 neglect or fail or refuse to perform the requirements, pro- 
 visions or conditions of the charter under which they hold and 
 operate their railroad and acts additional and amendatory 
 thereto, they may apply to commissioners in writing and either of 
 them may endorse an order of notice thereon to all interested, 
 fixing a time and place for hearing and the applicant shall cause 
 such order to be complied with. At such hearing any corpora- 
 tion or person claiming to be interested may be made a party and 
 be heard thereon though not named in the application; com- 
 1111 mission has the authority of courts of law to summon witnesses 
 and compel their attendance and testimony and deposition may 
 be taken and used as in suits at law. When the hearing is closed 
 commission shall determine and award the rates for transporting 
 passengers, freight or cars over the road of each or over any road 
 on which either is a common carrier by contract or otherwise, and 
 all other matters in controversy between the two roads arising 
 from such connecting or crossing or the times of doing so; and 
 may require either party to give seciuity to the other party for 
 the payment of balances resulting from their mutual business on 
 such terms as commission deems equitable; and may determine 
 that its award may be suspended after its acceptance at the 
 election of the party injured by the non-performance of the con- 
 ditions thereof by the other. Rev. Stats. iQoj, ch. 57, sec. 57. 
 
 The award shall be returned to the supreme judicial court 
 in the county where the hearing was had, and accepted, or for 
 good cause, rejected or recommitted. Exceptions to any ruling 
 of the court in such proceedings may be taken and allowed 
 within the niles of the court, except in recommitting the report ; 
 and when so allowed, a certified copy thereof and of all papers 
 used at the hearing, shall be forthwith sent by the clerk of the 
 court to the chief justice; and the parties shall be heard there- 
 on by the law court in the district where the hearing was had; 
 but if such court does not sit within 30 days after the papers 
 are received by the chief justice, he shall, at the request of 
 either party, detail a majority of the justices to hear the case 
 at the time and place ordered by him; send the order to the 
 iiu clerk of the court where the matter is pending, and he shall 
 enter it on the docket under the case, and that shall be sufficient 
 notice to the parties; and the case shall then and there be 
 heard as if at a regular law term. When the award is accepted 
 and judgment rendered thereon, it is binding on all parties 
 
 306 
 
notified, whether they appeared or not, until a new award is 
 made on another appHcation; the court has full power to make 
 the award effectual by process for contempt or otherwise as in 
 equity cases; and if the corporation or managers of any such 
 road, after they are notified of the acceptance of such award, 
 fail to comply with it, the directors, superintendent or other 
 agents operating the same shall be fined not less than $io nor 
 more than $50 for each day of such failure, to be recovered by 
 indictment in the coimty where it occurs. Same, sec. 58, 
 
 MARYLAND Nothing in this section shall be construed as 
 
 in any wise limiting or modifying the duty of a common car- 
 rier to establish joint rates, fares and charges for the transpor- 
 tation of passengers, freight and property over the lines owned, 
 operated, controlled and leased by it and the lines of other com- 
 
 1113 mon carriers, nor as in any manner limiting or modifying the 
 power of commission to require the establishment of such joint 
 rates, fares and charges. A railroad corporation and a street 
 railroad corporation shall not be required to interchange cars 
 except on such terms and conditions as commission may require. 
 Laws igiOy ch. 180, sec. 18. 
 
 Commission may, by order, require any two or more com- 
 mon carriers whose lines owned, operated, controlled or leased 
 form a continuous line of transportation or which could be 
 
 1114 made to do so by the construction and maintenance of switch 
 connection, to establish through routes and joint rates, fares and 
 charges for the transportation of passengers, freight and property 
 as commission may, by its orders, designate. Same, sec. 2j. 
 
 In case such through routes and joint rates be not established 
 by common carriers named in any such order within the time 
 specified therein, commission shall establish just and reasonable 
 1116 rates, fares and charges to be charged for such through trans- 
 portation, and declare the portion thereof to which each common 
 carrier affected thereby shall be entitled and the manner in which 
 the same shall be paid and secured. Same. 
 
 MASSACHUSETTS See par. 2368. 
 
 MICHIGAN All railroads as between themselves, and all 
 
 electric railroads as between themselves, shall establish through 
 
 1116 routes and just and reasonable rates applicable thereto except as 
 hereinafter provided. Puh. Acts igog, no. 30O, sec. 4(b). 
 
 Commission may, after hearing on a complaint, establish 
 through routes and joint rates as the maximum to be charged and 
 
 307 
 
the terms and conditions iinder which such through routes shall 
 
 1117 be operated when the common carriers complained of have re- 
 fused or neglected to voltintarily establish such through routes 
 and joint rates; provided, no reasonably satisfactory through 
 route and joint rate exist. Same, sec. 22(e). 
 
 1118 Also a provision substantially identical with par. 1057. 
 Same. 
 
 All express companies 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 ; provided, that 
 
 1119 such express companies may divide charges for transportation in 
 such a manner as to allow participating carriers an agreed mini- 
 mum proportion when the division of such charges on a mileage 
 basis would not allow a sufficient minimum. Pub. Acts igii, no. 
 ISP, sec. 25(c). 
 
 See also pars. Q40, ^41, Q42, q4j: 
 
 MINNESOTA There shall be but one terminal charge for 
 
 switching or transferring any car within any one municipality. 
 If it is necessary that any car in such transfer pass over the tracks 
 of more than one railroad within such limits, the company first so 
 transferring such car shall receive the entire charge therefor, and 
 
 iiao shall be liable to each company doing subsequent switching 
 thereof for its just share of such charge, subject to the rules 
 adopted by commission. Any disagreement as to such division 
 shall be finally determined by commission. Rev. Laws 1905, sec. 
 2016. 
 
 Less than carload lots shall be transported at cost, and the 
 charge for such transfer shall be included in the joint rate. All 
 
 1121 railroad companies shall give the same facilities to local or state 
 as to interstate traffic. Same, sec. 2022. 
 
 Within a reasonable time commission shall make general 
 rules fixing the percentage relation to govern in the making of 
 joint rates between common carriers for the transportation of 
 freight and express in carload and less than carload lots, and 
 
 1122 shall make all rules necessary to govern the transfer of freight and 
 express between carriers. Commission may change the rules or 
 regulations from time to time to meet different conditions and to 
 promote justice. Laws igii, ch. jij, sec. i. 
 
 No carrier shall be required to deliver to another carrier at a 
 
 connecting or jimction point freight or express destined to a com- 
 
 1128 mon point reached by both carriers unless commission finds it is 
 
 necessary in order to obtain reasonable rates and service. Same. 
 
 308 
 
Before making any order as herein provided, commission 
 1124 shall give such hearing as may be deemed necessary. Same. 
 
 The several carriers shall establish joint rates on all intra- 
 state freight and express transported in carload and less than 
 1126 carload lots within 30 days after commission has established rules 
 to govern in the making of joint rates between carriers. Same 
 sec. 2. 
 
 If carriers fail to agree on the division of the joint rate, com- 
 
 1126 mission on the application of any party interested shall fix such 
 division. Same. 
 
 Any carrier failing to comply with any provision of this 
 
 1127 act or any rule of commission, shall be subject to a fine of not ex- 
 ceeding $100 for each offense. Same, sec. j. 
 
 MISSISSIPPI In fixing joint tariffs of rates for connecting 
 
 lines, commission shall determine the proportion to be charged 
 
 1128 by each of the railroads or other common carriers. Code igo6, 
 sec. 4842. 
 
 MISSOURI Commission shall see that the schedules of 
 
 joint rates, fares and charges are reasonable and just and that 
 such schedule of joint rates, fares and charges shaU be observed 
 by all common carriers who are parties to the same. But no such 
 
 1129 common carrier party to any such joint tariff shall be liable 
 for the failure of any such common carrier party thereto to ob- 
 serve and adhere to the rates, fares and charges as made and 
 pubHshed. Rev. Stats, igog, sec. jiSg. 
 
 See also par. 813. 
 
 MONTANA Commission shall fix and establish for all or 
 
 any connecting lines of railroad reasonable joint rates of freight 
 
 1130 charges for the various classes of freight and cars that may pass 
 over two or more lines of such railroads. Rev. Codes igoy, sec. 
 4375- 
 
 NEBRASKA Commission shall fix for all or any connecting 
 
 lines of railroad reasonable joint rates of freight charges and 
 
 1131 terminal switching charges for the various classes of freight and 
 cars that may pass over two or more lines of such railroads. 
 Cohbey's Annot. Stats, igog, sec. io6jo{g). 
 
 1132 Also a provision substantially identical with par. 107 1. 
 Same. 
 
 1133 Railway companies shall establish reasonable joint through 
 
 309 
 
rates for the transportation of freight upon their respective lines 
 Same, sec. 10660. 
 
 Railway companies shall receive and transport freight and 
 1134 cars over such route or routes as the shipper shall direct. Same. 
 
 Carload lots shall be transferred without unloading from the 
 
 cars in which such shipments were first made unless such unload- 
 
 1136 ing into other cars shall be done without charge therefor to the 
 
 shipper or receiver of such carload lots and unless such transfer 
 
 be made without imreasonable delay. Same. 
 
 Less than carload lots shall be transferred into connecting 
 carriers' warehouse or cars at cost, which shall be included in and 
 
 1136 made a part of the joint rates adopted by such railway com- 
 panies or established as provided in this chapter. Same. 
 
 When shipments of freight to be transported between dif- 
 ferent points within the state are required to be carried by two or 
 more railway companies operating connecting lines, such rail- 
 
 1137 way companies shall transport the same at reasonable through 
 rates and shall at all times give the same facilities and accom- 
 modations to local or state traffic as they give to interstate 
 traffic over their lines or road. Same. 
 
 In the event that railway companies or common carriers 
 fail to establish through joint rates or fail to establish and charge 
 reasonable rates for such shipment, commission shall, either upon 
 
 1138 its own motion or upon the application of some person interested, 
 establish such rates for the shipment of freight and cars over two 
 or more connecting lines of railroad. Same. 
 
 In the making thereof and in changing or revising same, 
 commission shall be governed as nearly as may be by the pro- 
 visions of this act with reference to original schedules of freights 
 and tariffs for railway companies and common carriers, and 
 
 1139 shall take into consideration the average rates charged by said 
 railway companies or common carriers for shipments within the 
 state for like distances over their respective lines and the rates, 
 charged by railway companies or common carriers operating such 
 connecting lines for joint interstate shipments for like distances. 
 Same. 
 
 Rates fixed by commission shall go into effect 30 days after 
 mailing a copy of the schediile of joint rates to the railway 
 companies and common carriers affected thereby, which schedule 
 shall be prima facie evidence in all courts in the state when 
 
 1140 authenticated by commission that the rates therein contained are 
 those fixed by commission and that the same are prima facie just 
 
 31Q 
 
and reasonable for the transportation of freight and cars by the 
 railway companies or common carriers for which said schedtiles 
 have been fixed. Same. 
 
 NEVADA Commission may make just and reasonable 
 
 regulations for the apportionment of all charges between two or 
 more companies jointly engaged in the transportation of freight, 
 
 1141 passengers, express matter, telegraph or telephone messages. 
 Stats, igoy, ch. 44, sec. 7, as amended by Stats, igog, ch. 121, sec. j. 
 
 See also pars, gyj, gSo. 
 
 NEW JERSEY See par. g86. 
 
 NEW YORK A provision identical with par. 1080. Laws 
 
 1142 igio, ch. 480, sec. 35. 
 
 A railroad corporation and a street railroad corporation shall 
 
 1143 not be required to interchange cars except on such terms and 
 conditions as commission may direct. Same. 
 
 Commission may by order require any two or more common 
 carriers, railroad or street railroad corporations, whose lines 
 owned, operated, controlled or leased, form a continuous or con- 
 necting line of transportation or could be made to do so by the 
 
 1144 construction and maintenance of switch connection or interchange 
 track at connecting points or by transfer of property or passen- 
 gers at connecting points, to establish through routes and joint 
 rates, fares and charges for the transportation of passengers and 
 property as commission may by its order designate. Same, sec. 
 
 49(3)- 
 1146 Also a provision for common carriers, railroad and street- 
 
 railroad corporations identical with par. 1 1 15. Same. 
 
 Commission may, in the same proceeding or in a separate 
 proceeding involving any rates, fares or charges, prescribe joint 
 rates, fares and charges as the maximum to be exacted for the 
 transportation by them of passengers and property and require 
 
 1146 such common carriers, railroad and street railroad corporations 
 affected thereby to make within a specified time an agreement 
 between them as to the portion of such joint rates, fares or charges 
 to which each of them shall be entitled. Same. 
 
 In case such agreement be not made within the time so 
 specified, commission may declare by supplemental order the 
 portion thereof to which each common carrier, railroad or street 
 
 1147 railroad corporation affected thereby shall be entitled and the 
 manner in which the same shall be paid and secured, and such 
 supplemental order shall take effect as part of the original order 
 
 311 
 
from the time such supplemental order shall become effective. 
 Same. 
 
 No passenger joint rate, fare, charge, through route or 
 transfer shall be required between any rapid transit railroad and 
 any other rapid transit railroad or any railroad operated as a 
 
 1148 street surface railroad, nor between a street surface railroad and 
 any railroad operated wholly by steam or any railroad operated 
 a distance of over 50 miles partly by steam and partly by elec- 
 tricity. Same, sec. 4q{8). 
 
 NORTH CAROLINA Commission shall not, in fixing the maximum 
 rates and charges or tariff of rates or charges for any common car- 
 rier transporting freight, permit or allow any such common car- 
 rier to charge, collect or receive a greater toll, charge or rate for 
 the transportation of any article of freight or commodity em- 
 braced in the present classification fixed and prescribed or ap- 
 proved by commission where the initial point of shipment is on 
 the road or line of one common carrier and the terminal point of 
 said shipment is on the line or road of another common carrier 
 than is the sum of the present local rates now established, pre- 
 scribed or approved by commission less a reduction of 25 per 
 cent, of the said local rates on all railroads for which there is 
 now made or prescribed a reduction for a joint hatil; and on those 
 railroads for which there is not now prescribed a reduction on 
 joint haiils, a reduction of 15 per cent, of the local rates 
 
 1149 now established, prescribed by commission for said railroads; 
 provided, that those railroads of this class whose rates are 
 lower than the commission's standard of freight rates may be 
 permitted by commission to adopt the standard rates prescribed 
 by commission; provided, commission is hereby empowered to 
 reduce the said local rates whenever in its opinion and after 
 investigation by it, it shall determine that a lower rate is 
 reasonable. Provided, however, that present local rates now 
 established, prescribed or approved by commission shall not be 
 increased by classification or otherwise. Provided, further, com- 
 mission may, when it is made to appear that it is just to do so, 
 exempt from the operation of this section that part of the charges 
 of a joint haul which is over the line or lines of a railroad com- 
 pany, which company now owns, leases or operates not more 
 than 125 miles of railroad in or out of the state. PeWs Revisal 
 igo8, sec. ii04{a). 
 
 NORTH DAKOTA There shall in no case be more than one 
 terminal charge for switching or transferring any car, whether the 
 
 312 
 
same is loaded or empty, within the limits of any one city or 
 town. If it is necessary for any car to pass over the tracks of 
 more than one company within any such city or town limits in 
 order to reach its final destination or to be returned therefrom to 
 its owner or owners, then the company first switching or trans- 
 ferring such car shall be entitled to receive the entire charge to be 
 made therefor and shall be liable to the company or companies 
 
 1160 doing the subsequent switching or transferring thereof for its or 
 their reasonable and equitable share of the compensation re- 
 ceived and if the companies so jointly interested therein cannot 
 agree upon the share thereof which each is entitled to receive, the 
 same shall be determined by commission, whose decision thereon 
 shall be final and conclusive upon all parties interested and com- 
 mission may establish such rules and regtdations in that behalf 
 as to it may seem just and reasonable and not in conflict with 
 this article. Rev. Codes 1905, sec. 4338. 
 
 Commission may make just and reasonable regulations for 
 the apportionment of all charges between two or more companies 
 
 1161 jointly engaged in the transportation of freight, passengers, ex- 
 press matter, telegraph or telephone messages, and commission 
 shall prepare such schedules and classifications. Same, sec. 4343^ 
 as amended hy Laws igii, ch. 2jj, sec. 2. 
 
 OHIO Whenever any rate, toll, charge or service 
 
 ordered substituted by commission shall be a joint rate, toll, 
 charge or service and the public utilities parties thereto fail to 
 agree upon the apportionment thereof within 20 days after the 
 
 1162 service of such order, commission may after hearing make and 
 issue a supplemental order fixing the apportionment of such 
 joint rate, toll, charge or service between such public utilities and 
 the same shall take effect of its own force as a part of the original 
 order. Laws 1911, no. 32 j, sec. 42. 
 
 See also pars. looi, 1002, 1003. 
 
 OREGON Provisions for railroads substantially identical 
 
 with pars. 1061, 1062, 1063, except that ''through route" is in- 
 
 1153 eluded in par. 1062 and ''as provided in sections 5667 and 5668 
 of this code" reads "as in section 28 provided." Gen. Laws 
 igoy, ch. 53, sec. 30. 
 
 See also pars. loog, 1021. 
 
 RHODE ISLAND See pars. 1025, 1028. 
 
 SOUTH CAROLINA Commission may make just and reasonable 
 joint rates for all connecting roads as to all traffic or business 
 
1164 passing from one of said roads to another and may require the 
 making of such connection at intersecting points of the schedules 
 of trains as the pubHc convenience may in its judgment demand. 
 Gen. Stats. igo2, sec. 20Q2. 
 
 1165 Also a provision substantially identical with par. 1078. 
 Same. 
 
 All connecting railroads doing business in this state, and 
 under the management or control, by lease, ownership, associa- 
 tion or otherwise, of one and the same person, firm, corporation 
 
 1166 or association, shall for purposes of transportation, in applying 
 freight and passenger tariffs, be considered as constituting but 
 one and the same road, and the rate shall be computed as upon 
 parts of one and the same road unless otherwise specified by 
 commission. Same, sec. 2115. 
 
 SOUTH DAKOTA All railway companies doing business in the 
 state shall upon the demand of any person or persons interested 
 
 1157 or upon demand of commission, establish reasonable and joint 
 through rates for the transportation of freight between points on 
 their respective lines. Sess. Laws igoy, ch. 212, sec. 2. 
 
 Carload lots shall be transferred without unloading from the 
 cars in which such shipments were first made unless such un- 
 loading into other cars shall be done without charge therefor to 
 
 1168 the shipper or receiver of such carload lots, and such transfer 
 shall be made without unreasonable delay tmder such contract 
 arrangements as such connecting companies may make or under 
 such rules as commission may prescribe as provided for in this 
 act. Same. 
 
 Less than carload lots shall be transferred into the con- 
 necting railway (or carriers') cars at cost which shall be included 
 
 1169 in and be a part of the joint rates adopted by such railway com- 
 panies (common carriers) or established as provided by this act. 
 Same (railway companies); Sess. Laws igii, ch. 2oy, sec. J5 
 {common carriers). 
 
 When shipments of freight (or express) to be transported be- 
 tween different points in the state are required to be carried by 
 two or more railway companies (or common carriers) operating 
 1160 connecting lines such railway companies (or common carriers) 
 shall transport the same at reasonable through rates and shall 
 at all times give the same facilities and accommodations to local 
 or state traffic as they give to interstate traffic over their lines of 
 road. Same. 
 
 This article shall not be construed to prohibit the making 
 
 314 
 
of rates of two or more common carriers for the transportation of 
 property, express or telephone messages over two or more of their 
 respective railway, express or telephone lines within the state, and 
 a less charge by each of said common carriers for its portion of 
 such joint shipment than it charges for a shipment for the same 
 distance wholly over its own lines within the state, shall not be 
 
 1161 considered a violation of this article, and shall not render such 
 common carrier liable to any of the penalties of this article; but 
 the provisions of this section shall not be construed to permit com- 
 mon carriers establishing joint rates to make by such joint rates 
 any imjust discrimination between the different shipping points 
 or stations upon their respective lines between which joint rates 
 are established, and any such imjust discrimination shall be 
 punished in the manner and by the penalties provided by this 
 article. Sess. Laws igii, ch. 20'j, sec. J4. 
 
 All common carriers shall upon the demand of any person 
 or persons interested establish reasonable joint through rates for 
 
 1162 the transportation of freight, express or telephone messages be- 
 tween points upon their respective lines. Same, sec. jj. 
 
 All common carriers shall receive and transport freight, cars, 
 
 1163 express and telephone messages over such route or routes as the 
 shipper may direct. Same. 
 
 Carload lots shall be transferred without unloading from the 
 cars in which shipments were first made imless such imloading in 
 
 1164 other cars shall be done without charge therefor to the shipper or 
 receiver of such carload lots, and such transfer be made without 
 unreasonable delay. Same. 
 
 In the event that common carriers shall fail to establish 
 through joint rates or fail to establish and charge reasonable 
 rates for such through shipments, commission shall upon its own 
 initiation or upon complaint of any person or persons interested, 
 
 1166 establish reasonable individual joint rates or schedules of reason- 
 able joint rates for the transportation of freight, cars, express and 
 telephone messages over two or more connecting lines of com- 
 mon carriers. Same, sec. 36. 
 
 In the making of such rates and in changing or revising the 
 same commission shall be governed as near as may be by all the 
 provisions of this article and shall take into consideration the 
 
 1166 average of rates charged by said common carriers for the trans- 
 portation within the state for like distances over their respective 
 lines and rates charged by the common carrier operating such 
 connecting lines for joint interstate shipment for like distances. 
 Same. 
 
 315 
 
The rates established by commission shall go into effect 
 within ten days after the same are promulgated by commission 
 and from and after that time the schedtdes of rates shall be 
 
 1167 prima facie evidence in all of the courts of the state that the joint 
 rates therein fixed are reasonable and just maximum rates for the 
 transportation of freight, cars, express and telephone messages 
 upon the common carrier for which such schedules have been 
 fixed. Same. 
 
 Before the promulgation of such rates as provided in pre- 
 ceding section, commission shall notify the common carriers 
 
 1168 interested in the individual joint rates or schedule of joint rates 
 fixed by it and commission shall give the common carriers a 
 reasonable time thereafter to agree upon a division of the charges 
 provided for in such schedule. Same, sec. 37. 
 
 In the event of the failure of the common carriers to agree 
 upon a division and to notify the commission of such agreement, 
 commission shall after a hearing of the common carrier in- 
 
 1169 terested decide the same, taking into consideration the value of 
 terminal facilities and all the circtimstances of the carriage or 
 haul. Same. 
 
 The division so determined by commission shall in all con- 
 troversies or suits between the common carriers interested and 
 
 1170 between commission and such common carriers be prima facie 
 evidence of a just and reasonable division of such charges. Same. 
 
 In the event that railway companies fail to establish through 
 joint rates or fail to establish and charge reasonable rates for 
 through shipments or fail to establish between themselves the 
 rates for through shipments or fail to establish between them- 
 selves the rates and terms on which cars of one company shall be 
 transferred in through shipments from the line of one company 
 
 1171 to the other and returned, or fail to provide for the convenient 
 and prompt transfer of through freight from the cars of the re- 
 ceiving company to those of the connecting line, commission 
 shall upon its own initiative or upon complaint of any person or 
 persons interested establish joint rates for the shipment of freight 
 and cars over any two or more connecting lines of railroad and 
 prescribe reasonable rules under which any such cars so trans- 
 ferred shall be returned. Same, sec. jg. 
 
 In establishing, changing or revising any such rates, com- 
 mission shall take into consideration the average of rates charged 
 
 1172 by said railway companies operating said connecting lines for 
 joint interstate shipments for like distances. Same. 
 
 316 
 
The rates established by commission shall go into effect 
 within ten days after the same are promulgated by commission 
 and from and after that time the schedules of rates so established 
 
 1173 shall be prima facie evidence in all the courts of the state that 
 such rates are reasonable through rates for the transportation of 
 freight and cars upon the railroads for which such schedules 
 shall have been fixed. Same. 
 
 Before the promulgation of such rates or rules as above pro- 
 vided, commission shall notify the common carriers interested in 
 
 1174 the schedule of joint rates fixed by it and shall give said common 
 carriers a reasonable time thereafter to agree upon a division of 
 charges provided for in such schedule. Same, sec. 40. 
 
 In the event of the failure of the common carriers to agree 
 upon such division and to notify commission of such agreement 
 
 1175 commission shall after a hearing of the carriers interested decide 
 the same, taking into consideration the value of terminal facilities 
 and all the circtunstances of the haul. Same. 
 
 The division so determined by commission shall in all con- 
 
 1176 troversies or suits between the common carriers interested be 
 prima facie evidence of the just and reasonable division of such 
 charges. Same. 
 
 See also par. J42. 
 
 TEXAS A provision identical with par. 1130. Sayles* 
 
 1177 Civ. Stats. iSgy, art. 4^62 (j). 
 
 Also a provision substantially identical with par. 107 1. 
 
 1178 Same, art. 4^62(6). 
 
 WASHINGTON Whenever commission shall be of opinion, 
 
 after hearing had upon its own motion or upon complaint, that 
 the rates and charges in force over two or more railroads between 
 any two points in the state are unjust or unreasonable or excessive 
 or that no satisfactory through route or joint rate exists between 
 such points and that the public necessities and convenience de- 
 
 1179 mand the establishment of a through route and a joint rate 
 between such points, commission may order such railroads to 
 establish such through route and may establish and fix a joint 
 rate which will be fair, just, reasonable and sufficient to be fol- 
 lowed, charged, enforced, demanded and collected in the future. 
 Laws igii, ch. iiy, sec. 57. 
 
 Commission may order that carload freight moving between 
 
 1180 such points shall be carried by the different companies parties to 
 such through route and joint rate without being transferred from 
 the originating cars. Same. 
 
 317 
 
In case no agreement exists between such railroads for the 
 interchange of cars, then commission before making such order 
 
 1181 shall make rules for the expeditious and safe return and proper 
 compensation for the cars so loaded by the company or com- 
 panies receiving the same. Same. 
 
 Whenever any order of commission shall require joint action 
 by two or more public service companies such order shall specify 
 that the same shall be made at their joint cost and the companies 
 affected shall have 30 days or such further time as commission 
 
 1182 may prescribe within which to agree upon the part or division of 
 costs which each shall bear and costs of operation and main- 
 tenance in the future or the proportion of charges or revenue each 
 shall receive from such joint service and the jules to govern 
 future operations. Same, sec. 8j. 
 
 If at the expiration of such time such companies shall fail to 
 file with commission a statement that an agreement has been 
 made for the division or apportionment of such cost, the division 
 of cost of operation and maintenance to be incurred in the future 
 
 1183 and the proportion of charges or revenue each shall receive from 
 such joint service and the rules to govern future operations, 
 commission shall have authority after further hearing to enter a 
 supplemental order fixing the proportion of such cost or ex- 
 penses to be borne by each company and the manner in which 
 the same shall be paid and secured. Same. 
 
 WISCONSIN Provisions for railroads substantially identical 
 
 with pars. 1061, 1062, 1063, except that in par. 1062 ''as pro- 
 vided in sections 5667 and 5668 of this code" reads ''as in sec- 
 
 1184 tion 12 of this act provided." Laws 190^, ch. 362, sec. i797~ 
 J 4(e); Laws 1905, sp. sess., ch. 17. sec. iy9J-J4(j). 
 
 See also pars. 1045, 1051. 
 
 2. Physical Connection of Telephone and Telegraph Companies. 
 
 ARIZONA, CALIFORNIA 
 
 Whenever commission, after a hearing had 
 upon its own motion or upon complaint, shall find that a physical 
 connection can reasonably be made between the lines of two or 
 more telephone corporations or two or more telegraph corpora- 
 tions whose lines can be made to form a continuous line of com- 
 mimication^by^the construction and maintenance of suitable con- 
 
 1 See also pars43337-a344- 
 
 318 
 
nections for the transfer of messages or conversations, and that 
 public convenience and necessity will be subserved thereby, or 
 shall find that two or more telegraph or telephone corporations 
 have failed to establish joint rates, tolls or charges for service by 
 1186 or over their said lines, and that joint rates, tolls, or charges 
 ought to be established, commission may, by its order, require 
 that such connection be made, except where the purpose of such 
 connection is primarily to secure the transmission of local mes- 
 sages or conversations between points within the same city, or 
 town,^ and that conversations be transmitted and messages 
 transferred over such connections under such rules and regula- 
 tions as commission may establish, and prescribe through lines 
 and joint rates, tolls, and charges to be made and to be used, ob- 
 served and in force in the future. Ariz. — Sess. Laws igi2, ch. 
 go, sec. 40; Col. — Stats, igii, ch. 14, sec. 40. 
 
 If such telephone or telegraph corporations do not agree 
 upon the division between them of the cost of such physical con- 
 nection or connections or the divisions of the joint rates, tolls, or 
 
 1186 charges established by commission over such through lines, com- 
 mission shall have authority, after further hearing, to establish 
 such division by supplemental order. Same. 
 
 See also pars. 2jjy, 241^, 2418. 
 
 KENTUCKY Any association or corporation or the lessees 
 
 or managers thereof, organized for the purpose, or any individual, 
 shall have the right to construct and maintain lines of telegraph 
 within this state, and to connect the same with other lines, and 
 said companies shall receive and transmit each other's messages 
 without unreasonable delay or discrimination, and all such com- 
 panies are hereby declared to be common carriers and subject to 
 legislative control. Telephone companies operating exchanges 
 
 1187 in different towns or cities, or other public stations, shall receive 
 and transmit each other's messages without unreasonable delay 
 or discrimination. The general assembly shall, by general laws 
 of imiform operation, provide reasonable regulations, to give full 
 effect to this section. Nothing herein shall be construed to inter- 
 
 - fere with the rights of cities or towns to arrange and control their 
 streets and alleys and to designate the places at which, and the 
 manner in which the wires of such companies shall be erected or 
 laid within the limits of such city or town. Const., sec. igg. 
 
 LOUISIANA See pars. 1108, nog, iiio. 
 
 1 Include " city and county " in California. 
 
MICHIGAN Whenever application shall be made to com- 
 
 . mission by any party in interest to order the physical connection 
 of any local telephone exchange, operated 'by any person, co- 
 partnership or corporation, with the local telephone exchange 
 operated by any other person, copartnership or corporation in 
 the same city or village, commission shall give due notice to the 
 respective persons, co-partnerships or corporations owning such 
 telephone exchanges of a hearing to be had upon such applica- 
 tion; and, after such hearing and such other investigation made 
 either by itself or its servants and agents, said commission shall 
 determine, by its order duly made and entered upon its records, 
 whether or not such physical connection is required by the public 
 necessity or convenience in the case brought before it by such ap- 
 plication. If commission shall decide that such connection is so 
 required, the telephone companies affected by such order shall 
 furnish and maintain all reasonable and proper facilities for the 
 interchange of service between tReir respective exchanges affected 
 by such order, including all necessary tnmk lines, switchboards, 
 wires, aerial or cable, crossarms, poles or other fixtiu-es; all 
 necessary construction, maintenance and equipment to be built 
 and maintained in such manner, under such rules, and with such 
 division of expense and labor as shall or may be required or pro- 
 vided by commission. Every telephone corporation affected by 
 such order is hereby required to perform switching service for any 
 other telephone corporation similarly affected by connecting its 
 lines temporarily with the lines of the other telephone corpora- 
 tion, providing for the direct transmission of messages between 
 subscribers, and shall request the connection of its lines with the 
 lines of the other telephone corporation on request of any of its 
 subscribers. Any telephone corporation which is required to 
 perform switching service for another telephone corporation under 
 
 1188 the terms of such an order may demand and receive as compen- 
 sation for such service the sum of five cents per message in ad- 
 dition to the regular service charge, if any. The telephone cor- 
 poration on whose line or lines messages originate shall be re- 
 sponsible to and make settlement with the terminal companies 
 performing the switching service for it on its request, and may 
 demand and receive from its subscribers a fee of five cents per 
 message in addition to the regular service charge if any for all 
 messages sent by it to other telephone companies on request of 
 such subscribers in accordance with the provisions of this act. 
 Whenever a subscriber of any telephone company affected by 
 
 320 
 
such order of commission desires to talk with a subscriber of an- 
 other telephone corporation so affected, who is connected with 
 an exchange other than that in the city, village or township in 
 which the message originates, the switching service between the 
 companies shall be done at whatever point may be designated by 
 commission. The company at whose exchange messages of this 
 kind originate may demand and receive from its subscribers the 
 charge for switching service as provided above in addition to the 
 regular toll charges of the companies over whose line or lines or 
 affiliated line or lines the messages are sent; and the division of 
 commissions and toll charges shall be made between the companies 
 in such proportion as said commission may designate. Provided, 
 that the provisions of this section in regard to switching charges 
 shall not apply when two or more competing companies in any 
 locality shall merge or consolidate their property and business in 
 such locality under the direction of said commission, or when one 
 competing company shall sell or lease its plant, property and busi- 
 ness to another company in the same locality, such merger, con- 
 solidation, sale or lease, if with the approval of commission being 
 hereby declared lawful. Commission may make all such reason- 
 able rules or orders as may be reasonable or necessary to carry 
 out the intent of the provisions of this section, and refusal to 
 obey such rules, orders or provisions of this section shall be un- 
 lawful. Puh. Acts igii, no. ij8, sec. 6. 
 
 MISSISSIPPI See par. 1128. 
 
 NEVADA See par. 1141. 
 
 NEW MEXICO All telephone and telegraph lines, operated for 
 
 hire, shall receive and transmit each other's messages without 
 
 1189 delay or discrimination, and make and maintain connections with 
 each other's lines, under such rules and regulations as may be 
 prescribed by commission. Const., art. xi., sec. 16. 
 
 NEW YORK Commission may by order require any two or 
 
 more telegraph corporations whose lines form a continuous line of 
 communication or could be made to do so by the construction and 
 maintenance of suitable connections or transfer of messages at 
 common points between different localities which are not reached 
 
 1190 by the line of either company alone, to establish through lines 
 between two or more such localities and joint rates or charges for 
 service by or over said lines as commission may by its order 
 prescribe. Laws igio, ch. 480, sec. gyij). 
 
 In case such through lines and joint rates be not established 
 
 321 
 
by the corporations named in any such order within the time 
 therein specified, commission may by order establish the same 
 
 1191 and fix the just and reasonable rates and charges to be charged 
 for such through service and declare the portion thereof to which 
 each of the corporations affected thereby shall be entitled and the 
 manner in which the same shall be seciured and paid. Same. 
 
 OHIO Commission may, upon complaint in writing 
 
 by any person or on its own initiative by order, require any two or 
 more telephone companies whose lines or wires form a continuous 
 line of communication or could be made to do so by the construc- 
 tion and maintenance of suitable connections or the joint use 
 
 1192 of equipment or the transfer of messages at common points be- 
 tween different localities which cannot be communicated with or 
 reached by the lines of either company alone, where such service 
 is not already established or provided for unless public necessity 
 requires additional service, to establish and maintain through 
 lines within the state between two or more such localities. Laws 
 igii, no. j2^, sec. 66. 
 
 The joint rate or charges for such service shall be just and 
 reasonable and commission may establish the same and declare 
 
 1193 the portion thereof to which each company affected thereby 
 shall be entitled and the manner in which the same shall be se- 
 cured and paid. Same. 
 
 All necessary construction, maintenance and equipment in 
 order to establish such service, shall be constructed and main- 
 
 1194 tained in such manner and'imder such rules with such divisions of 
 expense and labor as shall or may be required by commission. 
 Same. 
 
 OKLAHOMA All telephone and telegraph lines, operated for 
 
 hire, shall each respectively receive and transmit each other's 
 messages without delay or discrimination, and make physical con- 
 
 1196 nection with each other's lines, imder such rules and regulations 
 as shall be prescribed by law, or by any commission created by 
 this constitution or act of the legislature for that purpose. 
 Const., art. ix, sec. 5. 
 
 SOUTH CAROLINA Commission shall require reasonable connec- 
 tions to be made and maintained, when practicable, between 
 lines, stations, or exchanges for the transmission of intelligence 
 for hire and fix and regulate reasonable rates, tolls, or compen- 
 
 ii96 sation therefor, and also require reasonable connections to be 
 made and maintained, when practicable, between any such lines, 
 
 ^22 
 
stations or exchanges, and the lines or stations or stations of 
 private individuals, firms or corporations desiring such connec- 
 tions. Laws igo4, no. 281, sec. i. 
 
 SOUTH DAKOTA Every telephone company shall connect its 
 lines with the lines of any other telephone company doing business 
 in the same vicinity, that makes application therefor, and shall 
 afford all reasonable and proper facilities for the interchange 
 and switching of messages between lines, for a reasonable com- 
 pensation and without discrimination, and under such rules and 
 
 1197 regulations as commission may prescribe. Provided, that mes- 
 sages originating on any line shall have preference over messages 
 originating on competing lines. Provided, that the maximum 
 charges for switching shall not exceed 25 cents per month for 
 each instnmient on any rural party line so connected. Sess. 
 Laws igog, ch. 28g, sec. 8. , 
 
 Commission shall have jurisdiction to compel the connection 
 of different telephone lines in the state of South Dakota. Any 
 telephone company desiring its lines to connect with any other 
 company's line or exchange shall, whenever such connection shall 
 be refused, make application to commission. Provided, however, 
 that when any telephone line shall be constructed to the corpo- 
 rate limits of any city, town or village and shall be denied the 
 privilege to construct its telephone line within such corporate 
 limits commission may, in its discretion, compel the construction 
 of such connections by such company or companies interested 
 therein and the expense of §uch construction and connection shall 
 
 1198 be borne by the companies interested; in such manner as com- 
 mission shall determine. Upon receipt of such application 
 commission shall ascertain the facts in the case and if in their 
 judgment the public service demands said connection and the lines 
 of the applicant are in proper condition, said commission shall 
 order such connections to be made, and shall apportion the ex- 
 pense thereof. Provided, however, that no wire shall be com- 
 pelled to connect except at exchanges or station points. Nothing 
 in this act shall be construed to prevent any telephone company, 
 from connecting its line or lines with any other telephone com- 
 pany's line or lines by mutual consent. Sess. Laws igii, ch. 
 218, sec. 5; 
 
 See also pars. 1161, 1162, ii6j, 1165, 1167, 1168, ii6g, 
 1170, 1174, 1^75^ ^^7^^ 2431. 
 
 WASHINGTON Whenever commission shall find that any two 
 
 or more telephone companies whose lines form a continuous line of 
 
 323 
 
commimication or could be made to do so by the construction and 
 maintenance of suitable connections for the transfer of mes- 
 sages or conversations at common points between different 
 localities which are not reached by the line of either company 
 alone and that such connections or facilities for the transfer of 
 messages or conversations at common points can reasonably be 
 1199 made and efficient service obtained and that a necessity exists 
 therefor or shall find any two or more telegraph or telephone 
 companies have failed to establish joint rates or charges for serv- 
 ice by or over their said lines and that joint rates or charges 
 ought to be established, commission may by its order require 
 such connections to be made and that conversations be trans- 
 mitted and messages transferred and prescribed through lines and 
 joint rates and charges to be made and to be used, observed and 
 in force in the future and fix the same by order to be served 
 upon the company or companies affected. Laws igii, ch. 117, 
 sec. 73. 
 
 See also pars. 1182, ii8j. 
 
 WISCONSIN Every utility for the conveyance of telephone 
 
 messages shall permit a physical connection or connections to be 
 made, and telephone service to be furnished, between any tele- 
 phone system operated by it, and the telephone toll line operated 
 by another such public utility, or between its toll line, and the 
 telephone system of another such public utility, or between its 
 toll line and the toll line of another such public utility, or be- 
 tween its telephone system and ^e telephone system of another, 
 such public utility, whenever public convenience and necessity 
 
 1200 require such physical connection or connections, and such physics 
 connection or connections will not resiilt in irreparable injury 
 the owners or other users of the facilities of such public utilities^ 
 nor in any substantial detriment to the service to be rendered b] 
 such public utilities. The term ''physical connection," as us 
 in this section, shall mean such number of trunk lines or complet 
 wire circuits and connections as may be required to furnish rea-j 
 sonably adequate telephone service between such public utilitiesJ 
 Laws igo7,ch.4Qg,sec. iyg7m-4, as amended by Laws igii, ch. 546]^ 
 
 In case of failiire to agree upon such physical connection 
 connections or the terms and conditions upon which the sam^ 
 shall be made, any public utility or any person, association 
 corporation interested may apply to commission, and if after in^ 
 vestigation commission shall ascertain that public convenienc 
 and necessity require such physical connection or connections an< 
 
 324 
 
that such physical connection or connections woiild not result in 
 
 1201 irreparable injury to the owner or other users of the facilities of 
 such public utilities nor in any substantial detriment to the serv- 
 ice to be rendered by such public utilities or other users of such 
 facilities, it shall by order direct that such physical connection or 
 connections be made and determine how and within what time 
 such connection or connections shall be made and by whom the 
 expense of making and maintaining such connection or con- 
 nections shall be paid. Same. 
 
 Such physical connection or connections so ordered shall be 
 made and such terms and conditions upon which such physical 
 connection or connections shall be made so determined shall be 
 the lawful terms and conditions upon which physical connection 
 
 1202 or connections shall be made, to be observed, followed and paid, 
 subject to recourse to the courts upon the complaint of any in- 
 terested party. Any such order of commission may be from 
 time to time revised by commission upon application of any in- 
 terested party or upon its own motion. Same. 
 
 Whenever two or more public utilities for the conveyance 
 of telephone messages shall connect in furnishing joint telephone 
 service to the public or shall be required to furnish such service as 
 
 1203 provided in section i797m-4, and shall refuse or neglect to estab- 
 lish joint toll or tolls, commission may after notice and a public 
 hearing, as provided in sections i797m-44 and i797m-45, fix and 
 establish by order such joint toll or tolls. Same, sec. ijgjm-;^o 
 {2), as amended by Laws igii, ch. 546. 
 
 If the public utilities party thereto shall fail to agree upon 
 the apportionment thereof within 20 days after the service of such 
 
 1204 order, commission may upon a like hearing issue a supplemental 
 order declaring the apportionment of such joint toll or tolls and 
 the same shall take effect of its own force as part of the original 
 order. Same. 
 
 J. Street Railway Transfers. 
 
 ARIZONA, CALIFORNIA 
 
 No street or interurban railroad corporation 
 shall charge, demand, collect or receive more than five cents for 
 one continuous ride in the same general direction within the cor- 
 porate limits of any city or town,^ except upon a showing before 
 commission that such greater charge is justified; provided, that 
 
 1205 until the decision of commission upon such showing, a street or 
 
 ' Include " city and county" in California. 
 
interurban railroad corporation may continue to demand, col- 
 lect, and receive the fare in effect on February 14, 191 2 (Cal. — 
 October io,i9ii),orat the time commission acquires as to such 
 corporation the power to fix fares within such city or town. 
 Ariz.' — Sess. Laws igi2, ch. go, sec. 27; Cal. — Laws igii, ist. 
 ex. sess., ch. 14, sec. 27. 
 
 Every street or interurban railroad corporation shall upon 
 such terms as commission shall find to be just and reasonable 
 furnish to its passengers transfers entitling them to one contin- 
 
 1206 uous trip in the same general direction over and upon the por- 
 tions of its lines within the same city and county, or city or town, 
 not reached by the originating car. Same. 
 
 NEW YORK , Whenever commission shall be of the opinion 
 
 after a hearing that the practices and service and the rules and 
 regulations affecting the same, of any street railroad corporation 
 are as to the transportation upon the street surface railroads of 
 said corporation by use of transfers given to each passenger pay- 
 ing one single fare, unjust and imreasonable, either as to persons 
 transported upon said street surface railroads or as to any such 
 street railroad corporations, commission shall determine and 
 prescribe by order the just and reasonable service and rules and 
 regulations affecting the same thereafter to be maintained and 
 observed by said street railroad corporation (a) as to the dis- 
 tance over which a passenger shall by such transfer be trans- 
 ported by it upon said street surface railroad for a single fare; (b) 
 
 1207 the nimiber of successive transfers to be given by it to a passen- 
 ger paying one single fare for transportation over said street sur- 
 face railroads and (c) as to the prompt use by each passenger of 
 such transfer given him for one single fare paid by him in making 
 his continuous trip over said street surface railroads. And it shall 
 thereupon be the duty of every such street railroad corporation 
 to obey each requirement of every such order served upon it and 
 do everything necessary and proper in order to secure compliance 
 with and observance of every such order by all of its officers, 
 agents and employes. But nothing herein contained shall 
 affect or modify the terms of a certain contract bearing date 
 January i, 1892, entered into by and between the city of Buffalo 
 and the various street surface railroad corporations therein 
 named in said contract. Laws igio, ch. 480, sec. 4g{6). 
 
 Until and except as commission shall otherwise prescribe as 
 to any street railroad corporation or corporations pursuant to 
 the provisions of this chapter, every street vSurface railroad cor- 
 
 326 
 
poration entering into a contract with another such corporation 
 as provided in section 78 of the railroad law shall carry or permit 
 
 1208 any other party thereto to carry between any two points on the 
 railroads or portions thereof embraced in such contract any 
 passenger desiring to make one continuous trip between such 
 points for one single fare, not higher than the fare lawfully 
 chargeable by either of such corporations for an adult passenger. 
 Same, sec. 4Q(y). 
 
 Every such corporation shall upon demand, and without 
 extra • charge, give to each passenger paying one single fare a 
 transfer entitling such passenger to one continuous trip to any 
 
 1209 point or portion of any railroad embraced in such contract, to the 
 end that public convenience may be promoted by the operation 
 of the railroads embraced in such contract substantially as a 
 single railroad with a single rate of fare. Same. 
 
 ■ For every refusal to comply with the requirements of this 
 
 1210 subdivision the corporation so refusing shall forfeit $50 to 
 the aggrieved party. Same. 
 
 The provisions of this subdivision shall only apply to rail- 
 
 1211 roads wholly within the limits of any one incorporated city or 
 village. Same. 
 
 See also par. 11 48. 
 
 WASHINGTON No street railroad company shall charge, de- 
 
 mand or collect more than five cents for one continuous ride 
 
 1212 within the corporate limits of any city or town. Laws igii, ch. 
 11'/, sec. 25. 
 
 Every street railroad company shall upon such terms as 
 shall be just and reasonable, furnish to its passengers transfers 
 
 1213 entitling such passengers to one continuous trip over and upon 
 portions of its lines within the same city or town not reached by 
 the originating car. Same. 
 
 WISCONSIN Whenever upon an investigation made under 
 
 the provisions of this act, commission shall find any regulation or 
 practice with respect to the issuing of transfers by any street or 
 interurban railway company to be unreasonable, it shall deter- 
 
 1214 mine and by order fix a reasonable regulation to be observed and 
 followed in the future, in lieu of the regulation found to be un- 
 reasonable. A certified copy of such order shall be delivered to an 
 officer or agent of the street or interurban railway company 
 affected thereby. Laws igog, ch. J48, sec. iygy-i4{g). 
 
 327 
 
E. AUTHORITY OF COMMISSION AND 
 DUTY OF UTILITIES WITH RESPECT 
 TO THE ESTABLISHMENT AND 
 CHANGE OF PARTICULAR RATES 
 AND CHARGES. 
 
 I. Interstate Rates. 
 
 ARIZONA, CALIFORNIA 
 
 Commission may investigate all existing or 
 proposed interstate rates, fares, tolls, charges and classifications, 
 and all rules and practices in relation thereto, for or in relation to 
 the transportation of persons or property or the transmission of 
 messages or conversations, where any act in relation thereto shall 
 1216 take place within the state; and when the same are in the opinion 
 of commission, excessive or discriminatory or in violation of the 
 act to regulate commerce, or of any other act of congress, or in 
 conflict with the rulings, orders or regulations of the interstate 
 commerce commission, commission may apply by petition or 
 otherwise to the interstate commerce commission or to any court 
 of competent jurisdiction for relief. Ariz. — Sess. Laws igi2, ch. 
 go, sec. 24i Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 34. 
 
 ARKANSAS Commission shall have power, and it is here- 
 
 by made its duty, to investigate all through freight rates and 
 regulations on railroads in Arkansas; and when the same are, 
 in the opinion of commission, excessive or levied in violation of 
 the interstate commerce law, or the rules and regulations of the 
 
 1216 interstate commerce commission, the officials of the railroads 
 are to be notified of the facts and requested to reduce them or 
 make the proper correction as the case may be. When the rates 
 are not changed or the proper corrections are not made, accord- 
 ing to the request of commission, the latter is instructed to 
 notify the interstate commerce commission, and to apply to it 
 for relief. Acts igoy, no. 422, sec. 2. 
 
 FLORIDA Commission shall investigate thoroughly all 
 
 through freight rates from points out of to points in the state, 
 
 1217 both those now fixed and those that may hereafter be fixed. 
 Gen. Stats. igo6, sec. 28g8. 
 
 Whenever commission finds that a through rate charged into 
 or out of the state is, in its opinion, excessive or unreasonable or 
 
 1218 discriminating in its nature, it shall call the attention of the rail- 
 
 328 
 
road officials in the state to the fact and urge upon them the 
 propriety of changing such rate or rates. Same, 
 
 Whenever such are not changed according to the suggestion 
 
 1219 of commission, it shall present the facts, whenever it can be done, 
 to the interstate commerce commission and appeal to it for relief. 
 Same. 
 
 In all work devolving upon commission prescribed by this 
 act it shall receive upon application the services of the attorney 
 genq^al of the state, and he shall also represent it whenever 
 
 1220 called upon to do so before the interstate commerce commission, 
 and he may employ special counsel to assist him whenever he 
 and commission may deem it necessary, and at such compensation 
 as he and commission may agree upon. Same. 
 
 Commission shall investigate all through rates from points 
 out of to points in the state and all rules and regulations made by 
 
 1221 transportation companies engaged in interstate business, both 
 those now fixed and those that may hereafter be fixed. Same, 
 sec. 2g2^. 
 
 Whenever any such transportation company shall charge 
 a through rate into or out of the state or shall make any rule or 
 regulation which in the opinion of commission is excessive, unjust, 
 
 1222 unreasonable or discriminating in its nature, commission shall call 
 the attention of the officers of the offending company to the fact, 
 and urge upon them the propriety of changing such rates, rules 
 or regulations. Same. 
 
 Whenever such rates, rules or regulations are not changed 
 according to the suggestion of commission, commission shall 
 
 1223 present the facts to the interstate commerce commission and 
 appeal to it for relief. Same. 
 
 In all work devolving upon commission prescribed herein it 
 shall receive upon application the services of the attorney general 
 of the state, and he shall also represent it whenever called upon 
 to do so before the interstate commerce commission, and he may 
 
 1224 employ such special counsel to assist him as he and commission 
 may agree upon, whenever he or commission may deem it neces- 
 sary, and at such compensation as he and commission may agree 
 upon and commission may employ special counsel to assist him 
 whenever it may deem it necessary, and at such compensation as 
 he and commission may agree upon. Same. 
 
 GEORGIA Commission shall investigate thoroughly all 
 
 through freight rates from points out of to points in the state, and 
 
 1225 from points in to points out of the state. Code igii, sec. 2645. 
 
 329 
 
Also provisions identical with pars. 1218, 12 19. Same, sees. 
 
 1226 2646, 2647. 
 
 In all such work devolving upon commission, it shall receive, 
 
 1227 upon application, the services of the attorney general of the 
 state, and he shall also represent it, whenever called upon to do 
 so, before the interstate commerce commission Same, sec. 2648. 
 
 INDIANA When on the complaint of any interested per- 
 
 son or corporation, commission shall, on the investigation of such 
 complaint be convinced that the freight rates on any railroad, en- 
 gaged in interstate commerce are excessive or levied or laid 
 
 1228 in violation of the interstate commerce law or the rules and reg- 
 ulations of the interstate commerce commission the superintend- 
 ent, agent or other official of the said railroad companies shall be 
 notified in writing of the facts and requested to reduce or correct 
 them, as the case may be. Acts igoy, ch. 241, sec. io{c). 
 
 When the rates are not changed or the proper corrections 
 are not made according to the request of commission, the latter 
 
 1229 may notify the interstate commerce commission and apply to it 
 for relief. Same. 
 
 IOWA Commission shall exercise constant diligence 
 
 in informing itself of the rates, charges, rules and practices of 
 
 1280 common carriers engaged in the transporation of freight from 
 points in the state to points beyond its limits, and from points in 
 other states to points in the state, also in territory wholly outside 
 the state. Code i8g^, sec. 2120(a). 
 
 Whenever it shall come to the knowledge of commission 
 either from its own investigation or by complaint made to it 
 in any manner whatsoever that the rates charged by any com- 
 mon carrier on interstate business are unjust or unreasonable, or 
 that such rates, rules or practices discriminate unjustly against 
 the citizens, industries or interests of the state at an unreason- 
 
 1231 able disadvantage as compared with those of other states, or are 
 levied or laid in violation of the act to regulate commerce, or 
 in conflict with the rulings, grders or regulations of the inter- 
 state commerce commission, the commission shall immediately 
 call the attention of the officials of railroads operating in the 
 state to the fact and urge upon them the propriety of changing 
 such rate or rates, rules or practices. Same. 
 
 Whenever such rates, rules or practices are not changed or 
 adjusted so as to remove or remedy such discrimination within a 
 reasonable time, commission shall, whenever it can be legally 
 
 330 
 
1232 done, present the facts involved in such discrimination, to the 
 interstate commerce commission and appeal to it for relief. 
 Same, sec. 2120(b). 
 
 Thereafter if deemed necessary by commission, it shall 
 
 1233 prosecute any charge or charges growing out of any such dis- 
 crimination at the expense of the state before said interstate 
 commerce commission. Same. 
 
 1234 Also a provision identical with par. 1227. Same, sec. 2120(c). 
 
 KANSAS Commission shall investigate all through 
 
 1235 freight rates on railroads in the state. Gen. Stats, igog, sec. 7173. 
 
 When the same are in the opinion of commission excessive, 
 or levied in violation of the interstate commerce law or the rules 
 
 1236 and regulations of the interstate commerce commission, the 
 officials of such railroad shall be notified of the facts and re- 
 quested to reduce the rates or make the proper corrections, as 
 the case may be. Same. 
 
 When the rates are not changed or the proper corrections 
 
 1237 are not made, according to the request of commission, the latter 
 shall notify the interstate commerce commission, and apply to it 
 for relief by filing a complaint. Same. 
 
 All cases commenced before the interstate commerce com- 
 mission under the authority conferred by this section shall be 
 
 1238 brought in the name of the Board of Railroad Commissioners of 
 the State of Kansas, by the attorneys for commission, and all 
 such cases shall be prosecuted at the expense of the state. Same. 
 
 Commission may intervene in any case pending before the 
 interstate commerce commission in which interstate rates affect- 
 
 1239 ing the interests of Kansas shippers are involved. Same, sec. 
 
 If any interstate rate, joint rate, fare, toll, charge, rule or 
 regulation, classification or schedule of rates, joint rates, fares or 
 tolls, is found to be unjust, unreasonable, excessive, unjustly dis- 
 
 1240 criminatory, or unduly preferential, or in violation of the inter- 
 state commerce law, or in conflict with the rules, orders or regu- 
 lations of the interstate commerce commission, commission may 
 apply by petition or other proper method to the interstate com- 
 merce commission for relief. Laws igii, ch. 2j8, sec. 43. 
 
 KENTUCKY Commission shall examine all through freight 
 
 1241 rates from points out of to points within the state. CarrolVs 
 Stats, igog, sec. 826. 
 
 1 Said commission is hereby empowered and directed to pay all expense of investi- 
 gation and prosecution of litigation instituted under the provisions of this act out of the 
 contingent undof said commission. Gen. Stats, igog, sec. 7254- 
 
1242 Also a provision identical with par. 12 18. Same. 
 
 When such rates are not changed commission shall present 
 
 1243 the facts to the interstate commerce commission and appeal for 
 relief. Same. 
 
 Commission shall receive upon application the services of the 
 
 1244 attorney general of the state. Same. 
 
 LOUISIANA Commission shall appear through any of its 
 
 commissioners or its secretary or by duly authorized attorney 
 before the interstate commerce commission at Washington, D. 
 
 1246 C, or at any other place where the said interstate commerce 
 commission might be holding a session whenever in the judgment 
 of commission the interests of shippers or consignees in the state 
 may require it. Stats. igo6, no. igj, sec. i. 
 
 MARYLAND Commission may investigate freight rates on 
 
 1246 interstate traffic of common carriers within the state. Laws 
 iQio, ch. i8o, sec. 2Q. 
 
 When such rates are, in the opinion of commissidh, excessive 
 or discriminatory, or are levied or laid in violation of the inter- 
 state commerce law, or in conflict with the rulings, orders or regu- 
 lations of the interstate commerce commission, commission may 
 
 1247 apply by petition to the interstate commerce commission, for 
 relief, or may present to the interstate commerce commission all 
 facts coming to its knowledge, as to violations of the rulings, 
 orders or regulations of that commission, or as to violations of the 
 interstate commerce law. Same. 
 
 MINNESOTA Whenever in any proceeding pending before 
 
 commission relating to or involving the reasonableness of rates, 
 fares, charges or classifications, commission shall decide that it 
 has not jurisdiction for the reason that the traffic covered by such 
 rates, fares, charges and classifications is interstate commerce, it 
 shall make an order dismissing the proceeding, stating therein 
 
 1248 the ground of such dismissal, which order may be appealed from 
 in like manner as other appealable orders of commission. And if 
 in any such proceeding, one of the commissioners shall dissent 
 from the order of dismissal, the question of its jurisdiction shall be 
 certified to the district court of a coimty to which an appeal 
 might be taken, and thereupon commission shall notify all parties 
 to the proceeding of such certification, stating the coimty and 
 date thereof. Rev. Laws igo^, sec. 1973. 
 
 Whenever a resident of the state shall file with commission a 
 petition directed to the interstate commerce commission charging 
 
 332 
 
any railroad company or other common carrier engaged in inter- 
 state transportation of freight with any violation of the inter- 
 
 1249 state commerce act, setting forth in such petition the facts con- 
 stituting such violation, commission, if it deems the matter one of 
 public interest, shall file the petition with the interstate com- 
 merce commission and thereupon shall appear in said matter in 
 the place of said petitioner and thereafter prosecute the same at 
 the expense of the state. Laws 1905, ch. 2yg, sec. i. 
 
 Whenever any matter shall be pending before the inter- 
 state commerce commission, between a resident of the state as 
 petitioner and any railroad company or other common carrier 
 engaged in interstate transportation of freights, charging such 
 carrier with any violation of said interstate commerce act, upon 
 
 1260 application of the petitioner in said matter commission, in case it 
 deems the questions involved in said matter of public interest, 
 may appear therein and be substituted as a party in place of such 
 petitioner and thereafter such matter shall be prosecuted by com- 
 mission at the expense of the state in the same manner as though 
 originally begun by it. Same, sec. 2. 
 
 MISSISSIPPI All rates fixed or revised by commission on the 
 
 1251 interstate traffic of interstate lines shall be advisory only as to 
 them. Code igo6, sec. 4842. 
 
 MISSOURI Commission shall exercise constant diligence in 
 
 informing itself of the rates and charges of common carriers en- 
 
 1252 gaged in the transportation of freight from points in the state to 
 points beyond its limits and from points in other states to points 
 in the state. Rev. Stats, igog, sec. 32 jj. 
 
 Whenever it shall come to the knowledge of commission, by 
 complaint made to it or in any other manner, that the rates 
 charged by any such common carrier on interstate business are 
 unjust, excessive or unreasonable, or that such rates discriminate 
 against the citizens of this state, commission shall cause the fact 
 thereof to be embodied in a complaint setting forth, in detail, the 
 
 1253 respect in which the rates complained of are unjust, excessive or 
 unreasonable, and shall file said complaint with the interstate 
 commerce commission and demand a hearing thereof and shall 
 thereafter furnish testimony in support thereof, and diligently 
 present the facts upon which complaint is based. At the time of 
 filing such complaint, commission shall give notice thereof to the 
 attorney general who shall prosecute the same to final deter- 
 mination before the said interstate commerce commission. Same. 
 
 333 
 
MONTANA Commission may entertain and hear com- 
 
 plaints made by any shipper to the effect that unjust discrimina- 
 tion is being made as against the state or any point therein in the 
 
 1264 way of rates for the transportation of freight or passengers from 
 points without to points within the state and vice versa. Rev. 
 Codes igoj, sec. 4375. 
 
 Where it appears that the interstate commerce commission 
 law has been violated, commission shall make complaint to the 
 interstate commerce commission and aid such commission in any 
 
 1256 investigation it may make concerning violations of the United 
 States law, by furnishing evidence and in any manner which may 
 seem best suited to enforce both the United States and the state 
 law, and to protect the interests of the people. Same. 
 
 NEW MEXICO Commission shall exercise constant diligence 
 
 in informing itself of the rates and charges of transportation and 
 transmission companies and common carriers engaged in the 
 
 1266 transportation of passengers and property from points in the 
 state to points beyond its limits, and from points in other states 
 to points in the state. Const., art. xi, sec. g. 
 
 Whenever it shall come to the knowledge of commission, by 
 complaint or in any other manner, that the rate charged by any 
 transportation or transmission company or common carrier, on 
 interstate business is unjust, excessive or unreasonable, or that 
 such rates discriminate against the citizens of the state, and in 
 
 1267 the judgment of commission such complaint is well founded 
 and the public welfare involved, commission shall institute and 
 prosecute to a final determination before the interstate commerce 
 commission or commerce court or any lawful authority having j ur- 
 isdiction in the premises, such proceedings as it may deem expe- 
 dient to obtain such relief as conditions may require. Same. 
 
 NEW YORK Commission may investigate interstate freight 
 
 or passenger rates or interstate freight or passenger service on rail- 
 
 1268 roads within the state. Laws igio, ch. 480, sec. 5p. 
 
 1269 Also a provision identical with par. 1247. Same. 
 
 NORTH CAROLINA Upon the complaint of any person or com- 
 munity to commission of any unjust discrimination or unjust or 
 unreasonable rate in carrying freight which comes from or goes 
 beyond the boundaries of the state by any railroad company, 
 
 1260 commission shall investigate such complaint, and if the same be 
 sustained commission shall bring such complaint before the inter- 
 state commerce commission for redress in accordance with the 
 
 334 
 
provisions of the act of congress establishing the interstate com- 
 merce commission. PelVs Revisal iqo8, sec. mo. 
 
 Commission shall receive upon application the service of the 
 attorney general of the state and he shall represent it before the 
 interstate commerce commission. Commission shall have au- 
 
 1261 thority to employ counsel whenever and for such periods of time 
 as in its judgment it is necessary to do so, and counsel so em- 
 ployed shall be paid such fee and compensation as may be agreed 
 upon by it. Same. 
 
 NORTH DAKOTA Commission shall exercise constant diligence 
 in informing itself of the rates, charges, rules and practices of 
 common carriers engaged in the transportation of freight, express, 
 
 1262 and passengers and in the transmission of messages or intelli- 
 gence from points in the state to points beyond its limits, and 
 from points in other states to points in the state, also in territory 
 wholly outside of the state. Laws 1911, ch. 240, sec. 2. 
 
 1263 Also provisions substantially identical with pars. 1231, 1232. 
 Same. 
 
 Thereafter, if deemed necessary by commission, the attorney 
 
 1264 general, with such other assistance as is now provided by law, 
 shall prosecute any charge or charges growing out of any such 
 discrimination. Same. 
 
 OHIO Commission may, and on complaint shall, in- 
 
 vestigate any freight rates on interstate traffic on railroads in the 
 
 1265 state. Code igio, sec. 563. 
 
 If in its opinion they are excessive or discriminatory or are 
 levied in violation of the interstate commerce law, or in conflict 
 
 1266 with the rulings, orders or regulations of the interstate com- 
 merce commission, it shall present the facts to the railroad with 
 the request to make such changes as commission may advise. 
 Same. 
 
 If such changes are not made within a reasonable time, 
 
 1267 commission shall apply by petition to the interstate commerce 
 commission for relief. Same. 
 
 All freight tariffs issued by any such railroad relating to in- 
 
 1268 terstate traffic in the state shall be filed in the office of com- 
 mission when issued. Same. 
 
 OKLAHOMA Commission shall investigate all through 
 
 1269 freight or passenger rates on railroads in the state. Const., art. 
 ix, sec. j2. 
 
 335 
 
1270 Also provisions substantially identical with pars. 1236, 1237. 
 Same. 
 
 The attorney general or such other persons as may be desig- 
 
 1271 nated by law shall represent commission in all such matters. 
 Same. 
 
 OREGON Commission shall investigate all freight rates 
 
 1272 on interstate traffic on railroads in the state. Gen. Laws igoy, 
 ch. 53, sec. 47. 
 
 1273 Also provisions identical with pars. 1266, 1267. Same. 
 
 All freight tariffs issued by any such railroad relating to 
 interstate traffic in this state shall be filed in the office of com- 
 
 1274 mission within 30 days after the passage and publication of this 
 act, and such tariffs thereafter issued shall be filed with com- 
 mission when issued. Same. 
 
 SOUTH DAKOTA Identical with pars. 1249, 1250. Sess. Laws 
 1276 igog^ ch. 75, sees, i, 2. 
 
 TENNESSEE Provisions substantially identical with pars. 
 
 1276 1235, 1236, 1237. Acts i8g7, ch. 10, sec. 21. 
 
 TEXAS Provisions substantially identical with pars. 
 
 1277 1235, 1236, 1237. Sayles^ Civ. Stats. iSgy, art. 4^yi{j). 
 
 VIRGINIA Upon the complaint of any person or persons, 
 
 corporation or corporations to commission of any unjust dis- 
 crimination in carrying freight which comes from, or goes be- 
 yond, the bovindaries of the state by any transportation com- 
 pany, commission may in its discretion, and if it shall be of 
 
 1278 opinion that the public welfare requires it, investigate said com- 
 plaint, and if the same be sustained commission shall bring said 
 complaint before 'the interstate commerce commission for re- 
 dress in accordance with the provisions of the act of congress 
 establishing said interstate commerce commission. Pollard's 
 Code igo4, sec. I2g4c{i). 
 
 Commission shall receive upon application the services of 
 
 1279 the attorney general of the state, and he shall represent it before 
 the interstate commerce commission. Same. 
 
 WASHINGTON Commission shall investigate all interstate 
 
 rates, fares, charges, classifications or rules or practices in relation 
 
 1280 thereto, for or in relation to the transportation of persons or 
 property or the transmission of messages or conversations, where 
 any act in relation thereto shall take place within the state. 
 Laws igii, ch. iiy, sec. 58. 
 
 336 
 
1281 Also a provision substantially identical with par. 1247. 
 Same. 
 
 WISCONSIN Identical with pars. 1272, 1266, 1267, 1274. 
 
 1282 Laws 190^, ch. 362, sec. iygy-21. 
 
 2. Emergency Rates. 
 
 ALABAMA Commission, when deemed by it necessary to 
 
 prevent injury to business, or in the interest of the people or 
 this state, in consequence of any interstate rate wars, inequality 
 of interstate rates or in case of any other emergency to be judged 
 
 1283 by commission, may temporarily alter, amend or suspend any 
 existing passenger rates, freight rates, schedules and orders on 
 any railroad or part of railroad. Code igoy, sec. 5721. 
 
 Such rates made by commission shall apply on one or more 
 of the railroads, or any portion thereof, as may be directed by 
 
 1284 commission, and shall take effect at such time and remain in 
 force for such length of time as niay be prescribed by com- 
 mission. Same. 
 
 Commission may, upon its own motion, or upon the written 
 application of any common carrier or railroad corporation, and 
 imder any rules which it may prescribe, permit, from time to 
 time, such common carrier or railroad corporation to establish 
 any special rate or rates for the transportation of specific com- 
 
 1285 modities in carloads from specified points or within specified 
 zones or distances to the plants or points of destination where 
 are located the plants of any person, firm or corporation who is 
 now, or may hereafter be, engaged in any industrial enterprise 
 in the state for the purpose of encouraging the establishment or 
 aiding in the development or continued and successful operation 
 of such industrial enterprise. Acts igoy, sp. sess.y no. ly, sec. 
 
 Any special rate or rates so estabHshed for any particular 
 industrial enterprise shall apply and be given all persons, firms 
 
 1286 and corporations engaged in the same enterprise within said 
 zone or distance. Same. 
 
 Such special rates shall first be approved by commission 
 and be published as it may direct, and a full, true and correct 
 
 1287 statement in writing of such special rate or rates shall, in each 
 instance be first filed with commission, together with a sworn 
 copy of any special contract made with the shipper with respect 
 to such special rates, before the same shall go into effect. Same. 
 
 337 
 
1288 Commission may at any time revoke such permission and 
 any special rate or rates established. Same. 
 
 Any rate or rates so established, after the compliance with 
 
 1289 the provisions prescribed, shall be the lawful rates for the serv- 
 ice performed and shall not be construed to be unjust or un- 
 lawful discrimination. Same. 
 
 When circumstances require a reduction in any rate or rates 
 on less than statutory notice in order to permit an emergency 
 to be met, commission, or if commission be not in session, secre- 
 tary of commission, may, upon written application of a carrier 
 and for good reason shown, authorize such carrier to make such 
 
 1290 rate or rates effective on less than statutory notice, provided a 
 copy of the publication containing such rate or rates be filed with 
 commission, and provided further that when such authority is 
 granted by secretary the rate or rates so authorized shall be 
 temporary and shall continue effective only until the next regular 
 meeting of commission, which may approve, revoke or modify 
 the same. Same. 
 
 IOWA See par. 1878. 
 
 KANSAS It shall be imlawful, and a violation of this 
 
 act, for any railroad company to change the classification of its 
 freights, or to raise the charges therefor, without first having 
 obtained an order from commission permitting such; provided, 
 that nothing in this act shall be construed to prevent the rail- 
 
 1291 roads, with the consent of commission, from declaring and mak- 
 ing emergency rate or rates for a limited time. All notices given 
 by commission to any railroad company may be served by de- 
 livering a copy to any station agent, clerk, treasurer or director 
 of such corporation. Gen. Stats, igog, sec. 7178. 
 
 See also par. 2iig. 
 
 MINNESOTA Upon the application of any carrier or car- 
 
 riers to commission, stating that they desire to put in an emer- 
 gency rate for the protection of the interests of such carrier or 
 shippers, commission may before such rate is established and 
 without the notice and hearing required by section five, author- 
 ize the restoration of the rates existing at the time of such appli- 
 
 1292 cation and fix the time within which such restoration may bCi 
 made, and the time so fixed may be extended in the discretion 
 of commission as the circumstances of the case may require. 
 Nothing in this act shall be held in any way to limit or modify ; 
 the rights and powers of commission to investigate, inquire into, \ 
 
 3^^ 
 
prescribe and publish what it may deem to be just and reason- 
 able rates, charges and classifications to govern common carriers 
 in the state. Laws 1905, ch. ij6, sec. 6. 
 
 MISSOURI See par. 1881. 
 
 NEBRASKA. Commission shall when deemed by it neces- 
 
 sary to prevent interstate rate wars and injury to the busiaess of 
 the citizens of the state, railway companies or common carriers 
 
 1293 or in case of any other emergency to be judged by commission, 
 temporarily alter, amend or suspend any existing freight rates, 
 tariffs, schedules, orders and circulars of any railway company 
 or common carrier or part thereof, and fix freight rates where 
 none exist. Cobbey^s Annot. Stats, ipog, as amended, sec. 10654. 
 
 Said emergency rate or rates shall apply to any one or more 
 or all railway companies or common carriers and shall take effect 
 at such time and remain in force such length of time, as may be 
 
 1294 prescribed by commission; provided, that said emergency rates, 
 tariffs, schedules, orders and circulars shall be subject to review 
 upon a hearing before commission and courts of competent juris- 
 diction in the state as provided by law for other schedules of rates 
 fixed by commission. Same. 
 
 See also par. igig. 
 
 NEW MEXICO See par. 1926. 
 
 NORTH DAKOTA See par. 1882. 
 
 OHIO Commission may, when deemed by it neces- 
 
 sary to prevent injury to the business or interests of the public or 
 any public utility in case of any emergency to be judged by com- 
 
 1295 mission, temporarily alter, amend or, with the consent of the 
 public utility concerned, suspend any existing rates, schedules or 
 orders relating to or affecting any public utility or part of any 
 public utility. Laws 191 1, no. j2j, sec. 34. 
 
 129G Also a provision for public utilities, identical with par. 1284 
 
 Same. 
 
 OKLAHOMA See par. 1933. 
 
 OREGON Commission may, when deemed by it neces- 
 
 sary to prevent injury to the business or interests of the people or 
 railroads in consequence of interstate rate wars or in case of any 
 other emergency to be judged by commission, temporarily alter, 
 
 1297 amend or, with the consent of the railroad company concerned, 
 suspend any existing passenger rates, freight rates, schedules and 
 
 339 
 
orders on any railroad or part of railroad. Gen. Laws 1907, ch. 
 53, sec. 54- 
 
 1298 Alsoaprovisionforrailroadsidentical with par. 1284. Same. 
 
 1299 Also provisions for public utilities identical with pars. 1295, 
 1284. Gen. Laws 191 1, ch. 2jg, sec. 77. 
 
 RHODE ISLAND Commission may, when deemed by it neces- 
 sary to prevent injury to the business or interest of the people or 
 public utility in case of any emergency to be judged by com- 
 
 1300 ' mission, permit any public utility to temporarily alter, amend or 
 suspend any existing rates, schedules and orders relating to or 
 affecting any public utility or a part of any public utility. Acts 
 igi2, ch. yg^, sec. 44. 
 
 SOUTH CAROLINA See par. igsr. 
 
 SOUTH DAKOTA Commission may make emergency rates for 
 the transportation of freight and express to and from fairs, ex- 
 positions and public exhibitions as well as make such rates in 
 times of great emergency or public necessity without observing 
 the formal notices and proceedings prescribed for the fixing of 
 
 1301 other rates, and in such cases may notify the common carriers in- 
 terested, by telephone or by telegraph, of the time and place when 
 and where commission will meet for the purpose of determining 
 such rates and rates so made shall go into effect within such time 
 as commission, by its order, may prescribe. Sess. Laws igii, 
 ch. 2oy, sec. 54. 
 
 See also par. 188 j. 
 
 TENNESSEE See par. ig4i. 
 
 TEXAS Commission shall, when deemed by it neces- 
 
 sary to prevent interstate rate wars and injury to the business or 
 interests of the people or railroads, or in case of any other 
 emergency to be judged of by commission, temporarily alter, 
 
 1302 amend or suspend any existing freight rates, tariffs, schedules, 
 orders and circulars on any railroad or part of railroad and fix 
 freight rates when none exist. Sayles' Civ. Stats. i8gy, art. 
 4581a. 
 
 Said emergency rates, so made by commission, shall apply 
 
 1303 on any one or more of all the railroads or part of railroads, as may 
 be directed by commission. Same, art. 4581b. 
 
 Said rates, so made, shall take effect at such time and re- 
 
 1304 main in force for such length of time as may be prescribed by 
 commission. Same, art. 4581c. 
 
 See also par. ig4J. 
 
 340 
 
• VIRGINIA See par. ig4Q. 
 
 WISCONSIN Identical with pars. 1297, 1284, 1295. Laws 
 
 iQOj, ch. j62. sec. iygy-2S; Laws iQoy, ch. 4gg, sees, lygjm- 
 
 1305 ggi^i), i7g7m-gg{2). 
 
 5. Rates Not Specifically Designated. 
 
 MICHIGAN, NEVADA 
 
 Whenever, after hearing and investig:ation as 
 provided in this act, commission shall find that any charge, 
 regulation or practice affecting the transportation of passengers 
 or property, or any service in connection therewith not herein 
 
 1306 (Nev. — ^hereinbefore) specifically designated, is unreasonable or 
 unjustly discriminatory, it may regulate the same as provided in 
 section 22 (Nev. — sections 12 and 14) of this act. Mich. — Pub. 
 Acts igog, no. joo, sec. j2; Nev. — Stats, igoy, ch. 44, sec. 2g. 
 
 OHIO If, after hearing and investigation as provided 
 
 by this chapter, commission finds any charge, regulation or prac- 
 
 1307 tice affecting the transportation of passengers or property, or any 
 service in connection therewith, not hereinbefore specifically 
 designated, unreasonable or im justly discriminatory, it may regu- 
 late it as herein provided in such cases. Code igio, sec. 572. 
 
 OREGON A provision identical with par. 1306, except 
 
 1308 that '' sections 28 and 30 of this act" are referred to. Gen. 
 Laws igoy, ch. jj, sec. 55. 
 
 Whenever, after hearing and investigation as provided in 
 this act, commission shall find that any rate, toll, charge, regula- 
 tion or practice for, in, or affecting or relating to the transporta- 
 tion of persons or property by street railroad, or to production, 
 
 1309 transmission, delivery or furnishing of heat, light, water or power 
 or the conveying of any telephone or telegraph message or any 
 service in connection therewith not hereinbefore specifically 
 designated, is in any respect unsafe, inadequate, unreasonable or 
 imjustly discriminatory, it may regulate the same as provided in 
 sections 41 to 46. Gen. Laws igii, ch. 2yg, sec. 72. 
 
 WISCONSIN A provision identical with par. 1306. Laws 
 
 1310 igoj, ch. J62, sec. iygj-2g. 
 
 Whenever, after hearing and investigation as provided in 
 this act, commission shall find that any rate, toll, charge, regu- 
 lation or practice for, in, or affecting or relating to the production, 
 transmission, delivery or furnishing of heat, light, water or power 
 
 341 
 
1311 or the conveying of any telephone message or any service in con- 
 nection therewith not hereinbefore specifically designated, is un- 
 reasonable or unjustly discriminatory, it may regulate the same 
 as provided in section i'jgym-4^ to i797m-5i and i797m-6o to 
 i797m-62, inclusive. Laws iQoy, ch. 4gg, sec. lygym-ioo. 
 
 F. AUTHORITY OF COMMISSION AND 
 DUTY OF UTILITIES WITH RESPECT 
 TO RATES AND CHARGES IN EFFECT 
 ON A DAY DESIGNATED BY LAW. 
 
 ARIZONA, CALIFORNIA 
 
 The rates, tolls, rentals and charges shown on 
 the schedules when filed by a public service corporation^ as to 
 which commission by this act acquires the power to fix any rates, 
 tolls, rentals or charges, shall not within any portion of the ter- 
 ritory as to which commission acquires as to such public service 
 corporation^ such power, exceed the rates, tolls, rentals or charges 
 in effect February 14, 1912 (Cal. — October 10, 191 1); the rates, 
 tolls, rentals or charges shown on such schedules when filed by 
 
 1312 any public service corporation as to any territory as to which 
 commission does, not by this act acquire as to such public service 
 corporation^ such power, shall not exceed the rates, tolls, rentals 
 and charges in effect at the time commission acquires as to such 
 territory and as to such public service corporation' the power to 
 fix rates, tolls, rentals or charges. Nothing in this section con- 
 tained shall prevent commission from approving or fixing rates, 
 tolls, rentals or charges from time to time in excess of or less than 
 those shown by such schedules. Ariz. — Sess. Laws 191 2, ch. go, 
 sec. 14(b); Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 14Q)). 
 
 KANSAS Unless commission shall otherwise order, it 
 
 shall be unlawful for any common carrier or public utility to 
 
 1313 demand, collect or receive a greater compensation for any serv- 
 ice than the charge fixed on the lowest schedule of rates for the 
 same services January i, 191 1. Laws igii, ch. 2j8, sec. 30. 
 
 MASSACHUSETTS Every railroad corporation which has a ter- 
 minus in Boston, except the Boston, Revere Beach and Lynn 
 Railroad Company, shall sell a commutation ticket good for not 
 more than twenty-five trips between Boston and a station in 
 
 1814 the suburban district, so-called, which is named therein, at the 
 
 1 "Public utility," in California. 
 
lowest rate for each trip which was charged between said points 
 on the first day of July in the year 1900, except the rates charged 
 for season tickets and for tickets on workingmen's trains. 
 Acts igo6y ch. 463, pt. it, sec. 183. 
 
 MINNESOTA See par. gj4. 
 
 NEBRASKA • No railroad company shall hereafter charge, 
 
 collect or receive for the transportation of any merchandise or 
 other property upon the railroad owned or operated by such 
 
 1315 company a higher rate for such service than was charged by said 
 company for the same or like service November i, 1880, as 
 shown by the published rate of such company. Cobbey's Annot. 
 Stats. iQog, sec. 105SQ. 
 
 It shall be unlawful for any railway company or common 
 carrier to charge, collect or receive for the transportation of live 
 stock, potatoes, grain and grain products, fruit, coal, lumber or 
 building material in carload lots more than 85 per cent, of the 
 
 1316 amount fixed in the classification and schedules of such railway 
 companies or common carriers for the transportation of such 
 property in force and effect on their various lines of railway 
 January i, 1907, until after commission shall have provided a 
 greater rate upon any article or property in such schedules from 
 the rate herein fixed. Same, sec. io6ij. 
 
 Express companies ^ may charge and receive for the trans- 
 portation of merchandise any sum not exceeding 75 per cent, ol 
 
 1317 the rate as shown in the schedule in force on the first day of 
 January, 1907, until after commission shall have provided a 
 greater rate. Same, sec. iigji} 
 
 If any express company should fail to comply with the 
 provision and conditions of this act, they shall be fined on con- 
 
 1318 viction a sum not less than $10 or more than $1,000 for each 
 offense. Same, sec. 11973. 
 
 Commission, and if there be no commission, then the gov- 
 ernor with the assistance of the attorney general, are hereby 
 
 1319 empowered to enforce the provisions of this act. Same, sec. 
 11974. 
 
 1 All persons, associations or corporations engaged in the transportation of money or 
 merchandise for a money consideration in cars other than freight cars and on trains other 
 than freight trains shall be deemed an express company within the meaning of this act. 
 Ccbhey's Annot. Stats, iqoq, sec. 1196Q. 
 
 2 Provided that nothing in this act shall be construed to change the prepaid rates on 
 merchandise weighing one pound or less and provided further, that no provision of this 
 act shall reduce any special contract rate in force for the transportation of cream, milk, 
 or poultry or any charge to a sum less than 15 cents; and provided further, that nothing 
 in this act shall abridge the authority of commission to make a reduction in any rate pro- 
 vided for in this act. Same, sec. 11972. 
 
 343 
 
OREGON The rates, fares and charges shown on sched- 
 
 ules filed with commission by railroads which are to take effect 
 
 1320 prior to April i, 1907, shall not exceed the rates, fares and 
 charges shown on the schedules filed under the provisions of 
 section 62. Gen. Laws igoy, ch. 53, sec. ij. 
 
 Until April i, 1907, unless commission shall otherwise 
 order, after application and hearing as provided, it shall be un- 
 lawful for any railroad to demand, collect or receive a greater 
 
 1321 compensation for the transportation of property than the 
 charge fixed on the lowest published or effective schedule of 
 rates for the same service, in force January i, 1907. Same, 
 sec. 62. 
 
 Every railroad shall within 30 days after the taking effect 
 of this act, file in the office of commission copies of all schedules 
 
 1322 of rates, including joint rates in force on its line or lines on the 
 first day of January, 1907, and all rates in force between such 
 points at any time subsequent to said date. Same. 
 
 Any railroad desiring to advance or discontinue any such 
 rate or rates may make application to commission in writing, 
 stating the advance in or discontinuance of the rate or rates de- 
 sired giving the reasons for such advance or discontinuation. 
 Upon receiving such application commission shall fix the time: 
 and place for hearing and give such notice to interested parties^ 
 as it shall deem proper and reasonable. If after such hearing 
 
 1323 and investigation commission shall find that the change or dis- 
 continuation applied for is reasonable, fair, and just, it shall 
 grant the application either in whole or in part. Any railroad 
 being dissatisfied with any order of commission made under the 
 provisions of this section may commence a stiit against it in the 
 circuit court of the state of Oregon for Marion county in the 
 manner provided in section 32, which suit shall be tried and de-1 
 termined in the same manner as is provided in sections 32, 33, 
 34 and 35. Same. 
 
 The rates, tolls and charges shown on schedules filed withl 
 commission by public utilities shall not exceed the rates, tolls 
 
 1324 and charges in force January i, 191 1. Gen. Laws igii, ch. 2jg, 
 sec. 25. 
 
 Except as provided in this act and unless commission shall \ 
 otherwise order, it shall be unlawful for any public utility to' 
 demand, collect or receive a greater compensation for any serv- 
 ice than the charge fixed on the lowest schedule of rates for the 
 same service on the first day of January, 191 1. Every public! 
 
 344 
 
utility shall, within a time to be fixed by commission, file in the 
 office of commission, copies of all schedules of rates and charges, 
 including joint rates, in force on the first day of January, 191 1, 
 and all rates in force at any time subsequent to said date. Any 
 public utility desiring to advance or discontinue any such rate 
 or rates may make application to commission in writing stating 
 
 1325 the advance in or discontinuance of the rate or rates desired, 
 giving the reasons for such advance or discontinuation. Upon 
 receiving such application commission shall fix a time and place 
 for hearing and give such notice to interested parties as it shall 
 deem proper and reasonable. If after such hearing and investi- 
 gation commission shall find that the change or discontinuation 
 applied for is reasonable, fair and just, it shall grant the appli- 
 cation either in whole or in part. Any public utility being 
 dissatisfied with any order of commission made under the pro- 
 visions of this section may commence a suit against it in the 
 circuit court in the manner provided in section 54, which suit 
 shall be tried and determined in the same manner as is provided 
 for suits brought under said section 54. Same, sec. 77. 
 
 SOUTH DAKOTA No express company shall charge or receive 
 for the transportation of merchandise, money or other property, 
 any sum exceeding 80 ' per cent, of the rate as shown in the 
 
 1326 schedule of January i, 1909, until after commission has pro- 
 vided a different rate; provided that nothing in this act shall be 
 construed to change any special rate in force below 15 cents. 
 Sess. Laws igog, ch. i^g, sec. 4. 
 
 The schedules of maximum rates or charges prepared by 
 commission for express companies shall not exceed 70 per cent. 
 
 1327 of the lowest rates which were in force for th^ transportation of 
 express freight over any lines of railway between stations within 
 the state on the first day of January, 1909. Sess. Laws igii. 
 ch. 152, sec. I. 
 
 WISCONSIN The rates, fares and charges shown on sched- 
 
 ules filed with commission by railroads which are to take effect 
 
 1328 prior to January i, 1906, shall not exceed the rates, fares and 
 charges on the schedules filed under the provisions of section 
 35 of this act. Laws igoj, ch. j62, sec. i^gy-4. 
 
 Until December 31, 1905, unless commission shall other- 
 wise order, after application and hearing as provided, it shall 
 
 1329 be unlawful for any railroad to demand, collect or receive a 
 greater compensation for the transportation of property than 
 
 345 
 
the charge fixed in the lowest pubHshed schedule of rates for the 
 same service in force April i, 1905. Same, sec. 1797-35- 
 
 Every railroad shall, within 30 days after the passage and 
 publication of this act, file in the office of commission copies of 
 all schedules of rates, including joint rates, in force on its line 
 or lines, between points within this state, April i, 1905, and all 
 rates in force between such points at any time subsequent to 
 said date. Any railroad desiring to advance or discontinue any 
 such rate or rates may make application to commission in writ- 
 ing, stating the advance in or discontinuation of the rate or 
 rates desired, giving the reason for such advance or discontinua- 
 
 1330 tion. Upon receiving such application commission shall fix a 
 time and place for hearing, and give such notice to interested 
 parties as it shall deem proper and reasonable. If, after such 
 hearing and investigation, cornmission shall find that the change 
 or discontinuation applied for is reasonable, fair and just, it shall 
 grant the application either in whole or in part. Any railroad 
 being dissatisfied with any order of commission made under the 
 provisions of this section may commence an action against it in 
 the circuit court in the manner provided in section 16 of this act, 
 which action shall be tried and determined in the same manner 
 as is provided in said section. Same. 
 
 The rates, tolls and charges shown on schedules filed with 
 
 1331 commission by public utilities shall not exceed the rates, tolls 
 and charges in force April i, 1907. Laws 1907, ch. 499, sec. 
 i797m-27. 
 
 Unless commission shall otherwise order, it shall be unlawful 
 for any public utility to demand, collect or receive a greater 
 
 1332 compensation for any service than the charge fixed on the lowest 
 schedules of rates for the same service April i, 1907. Same, sec. 
 i797m-io5{i). 
 
 Every public utility shall within 30 days after the passage 
 and publication of this act file in the office of commission, copies 
 
 1333 of all schedules of rates and charges, including joint rates, in 
 force April i, 1907, and all rates in force at any time sub- 
 sequent to said date. Same, sec. i797m-io5{2) 
 
 Any public utility desiring to advance or discontinue any 
 such rate or rates may make application to commission in writing, 
 
 1334 stating the advance in or discontinuation of the rate or rates de- 
 sired, giving the reasons for such advance or discontinuation. 
 Same, sec. i797m-i05(j). 
 
 Upon receiving such application commission shall fix a time 
 
 346 
 
and place for hearing and give such notice to interested parties 
 as it shall deem proper and reasonable. If, after such hearing 
 1336 and investigation commission shall find that the change or dis- 
 continuation applied for is reasonable, fair and just, it shall 
 grant the application either in whole or in part. Same, sec. 
 
 iyg7m-ios{4)' 
 
 Any public utility being dissatisfied with any order of com- 
 mission made under the provisions of this section may com- 
 mence an action against it in the circuit court in the manner 
 1336 provided in sections i797m-64 to i.797m-73, inclusive, of this 
 act, which actions shall be tried and determined in the same 
 manner as is provided in said sections. Same, sec. ijgym- 
 
 G. AUTHORITY OF COMMISSION TO 
 ALTER, AMEND OR RESCIND RATES 
 AND CHARGES, OR ITS OWN OR- 
 DERS WITH RESPECT THERETO. 
 
 ALABAMA. Commission may from time to time alter or 
 
 amend the rates, charges, classifications, rules, regulations and 
 
 1337 requirements prescribed and enforced by it against trans- 
 portation cofnpanies. Code igo'/, sec. 5651. 
 
 Commission may at any time upon notice to transportation 
 companies and after an opportunity to be heard as provided 
 in sections 5667 and 5668 rescind, alter or amend any order 
 
 1338 made by commission fixing any rate or rates, fares, charges or 
 classifications or any other order made by commission, and cer- 
 
 •tified copies of the same shall be served and take effect as pro- 
 vided for original orders. Same, sec. 56'/g. 
 
 ARECANSAS Commission shall not alter or change any 
 
 tariff or charges approved by it except upon ten days' notice in 
 writing to the person or corporation operating the express com- 
 
 1339 pany or railroad to be affected by such change, giving the same 
 an opportunity to be heard, such notice to be by delivering a 
 copy thereof to any officer or agent of such person or corpora- 
 tion. Kirhy's Digest igo4, sec. 6802. 
 
 FLORIDA Commission shall, as often as circumstances 
 
 may require, change or revise any schedule or schedules and 
 1840 furnish all railroad companies with notice of such changes or 
 
 347 
 
revisions, and such notice shall state the time when such changes 
 or revisions shall go into effect. Gen. Stats. igo6, sec. 28qq. 
 
 GEORGIA Commission shall from time to time and as 
 
 often as circumstances may require change and revise the 
 
 1341 schedules of charges for railroads prescribed by it. Code iqii, 
 sec. 26 ji. 
 
 ILLINOIS A provision for railroads identical with par. 
 
 1342 1341. Revisal igog, ch. 114, sec. iji. 
 
 Commission may from time to time as often as circum- 
 stances require change and revise schedules of charges for com- 
 
 1343 mon carriers prescribed by it. It shall be proper for commission 
 either upon its own initiative or upon complaint to enter upon a 
 hearing for the purpose of investigating the necessity of any such 
 revision. Same, sec. igS. 
 
 The rates or charges prescribed by commission for express 
 
 1344 companies may be changed or modified by said commission from 
 time to time in such manner and to such effect as may become 
 necessary. Same, sec. j6g. 
 
 IOWA Commission shall from time to time and as 
 
 often as circumstances may require change and revise the 
 
 1346 schedules of charges for the transportation of freight and cars 
 prescribed by it, but the rates fixed shall not be higher than es- 
 tablished by law. Code i8gy, sec. 2ij8. 
 
 The rates and classifications established by commission for 
 railroads or common carriers after hearing and investigation 
 
 1346 shall, from time to time thereafter, upon complaint duly made, be 
 subject to revision by commission, the same as any other rate^ and 
 classifications. Same, sec. 2141. 
 
 The rates or charges fixed and established by commission for 
 
 1347 express companies or express carriers may be changed or modified 
 by commission from time to time in such manner as may become 
 necessary. Same, sec. 2i6j(b). 
 
 KENTUCKY See par. g23. 
 
 MICHIGAN Commission may at any time upon application 
 
 of any person or common carrier and upon at least ten days' 
 notice to the parties interested, including the common carrier, 
 
 1348 and after opportunity to be heard as provided in section 22, 
 rescind, alter or amend any order fixing any rate or rates, fares, 
 charges or classifications or any other order made by commission, 
 
 34« 
 
and certified copies shall be served and take effect as provided for 
 original orders. Puh. Acts igog, no. joo, sec. 24. 
 
 MISSOURI Commission may reduce, change or modify 
 
 1349 any and all freight rates fixed and established by it as provided 
 by law. Rev. Stats, igog, sec. 3251. 
 
 1350 Also a provision identical with par. 1347. Same, sec. 3288. 
 
 MONTANA Commission may from time to time change, 
 
 alter, amend or abolish any classification or rate of railroads es- 
 
 1351 tablished by it when deemed necessary, and such classifications 
 and rates shall be put into effect in the same manner as original 
 classifications or rates. Rev. Codes igoy, sec. 437g. 
 
 NEBRASKA Commission may alter, change, amend or 
 
 abolish any classification or rate of common carriers prescribed 
 
 1352 by it when deemed necessary, and such amended, altered or new 
 classifications or rates shall be put into effect in the same man- 
 ner as originals. Cobbey's Annot. Stats, igog, sec. 10653. 
 
 NEVADA Commission may at any time upon applica- 
 
 tion of any person or any railroad and upon notice to the parties 
 interested and after opportunity to be heard as provided in 
 
 1353 section 12, rescind, alter, or amend any order fixing any rate or 
 rates, charges or classification or any other order made by com- 
 mission, and certified copies of the same shall be served and take 
 effect as provided for original orders. Stats, igoy, ch. 44, sec. 
 14(a), as amended by Stats, igog, ch. 121, sec. 7. 
 
 NEW MEXICO Commission may change or alter the rates of 
 
 railway, express, telegraph, telephone, sleeping car and other 
 transportation and transmission companies and common carriers, 
 
 1354 change, alter or amend its orders, rules, regulations or determina- 
 tions and enforce the same in the manner prescribed herein. 
 Const., art. xi, sec. 7. 
 
 NORTH CAROLINA Commission shall from time to time and as 
 often as circumstances may require change and revise or cause 
 to be changed and revised any schedules of rates fixed by com- 
 
 1355 mission or allowed to be charged by any carrier of freight, pas- 
 sengers or express or by any telegraph or telephone company. 
 PelVs Revisal igo8, sec. 11 06. 
 
 NORTH DAKOTA Commission shall from time to time but not 
 oftener than once in six months unless upon appeal from the 
 order fixing such rate the court shotdd modify or .reverse such 
 
 349 
 
order, and then only to the extent made necessary by such mod- 
 1356 ification or reversal, change and revise the schedules of charges 
 prescribed by it for companies engaged in the transportation of 
 freight, passengers, express matter and telegraph or telephone 
 messages. Rev. Codes iQOj, sec. 4343, as amended by Laws iQii, 
 ch. 255, sec. 2. 
 
 1367 Also a provision identical with par. 1346. Same, sec. 4346. 
 
 OHIO Upon apphcation of any person or any rail- 
 
 road and after notice to the parties in interest, and opportunity 
 to be heard, as provided in this chapter for other hearings, has 
 
 1368 been given commission may rescind, alter or amend an order fix- 
 ing any rate or rates, fares, charges or classifications or any other 
 order made by commission. Certified copies of such orders shall 
 be served and take effect as provided for original orders. Code 
 1910, sec. 538. 
 
 • Upon application of any person or any public utility and 
 after notice to the parties in interest and opportunity to be 
 heard, as provided in this act for other hearings, has been given 
 
 1359 commission may rescind, alter or amend an order fixing any rate 
 or rates, fare, toll, charge, rental, classification or service or any 
 other order made by commission. Certified copies of such 
 orders shall be served and take effect as provided for original 
 orders. Laws iqii, no. 32^, sec. 25. 
 
 OKLAHOMA For transportation and transmission com- 
 
 1360 panics a provision identical with par. 1337. Const., art. ix, sec. 18. 
 
 OREGON Commission may at any time upon notice to 
 
 the railroad and after opportunity to be heard as provided in 
 section 28 of this act rescind, alter or amend any order fixing 
 
 1361 any rate or rates, fares, charges or classification or any other 
 order made by commission, and certified copies of the same shall 
 be served and take effect as provided for original orders. Gen. 
 Laws iQoy, ch. 53, sec. 30. 
 
 Commission may at any time upon notice to the public 
 utility and after opportimity to be heard as provided in section 
 42 of this act rescind, alter or amend any order fixing any rate 
 
 1362 or rates, schedule of rates, tolls, charges or any other order made 
 by commission, and certified copies of the same shall be served 
 and take effect as^provided for original orders. Gen. Laws igii, 
 ch. 2yg, sec. 52. 
 
 RHODE ISLAND Commission may at any time upon notice to 
 the public utility and after opportunity to be heard as provided 
 
 350 
 
in section 20, rescind, alter, or amend any order fixing any rate, 
 
 1363 toll, charge, joint rate or rates, or any other order made by 
 commission, and certified copies of the same shall be served and 
 take effect as herein provided for original orders. Acts igi2, 
 ch. 7P5, sec. 33. 
 
 SOUTH CAROLINA Commission shall from time to time and as 
 often as circumstances may require change and revise the 
 schedules of charges for railroads prescribed by it. Thirty 
 
 1364 days' notice of any change or revision of the schedule of rates 
 shall first be given to the railroad company to be affected thereby 
 before the same shall go into effect. Gen. Stats. igo2, sec. 2og3. 
 
 SOUTH DAKOTA The classification of railroads made by com- 
 mission may be changed from time to time as commission may 
 1366 order. Rev. Pol. Code 1903, sec. 450. 
 
 Commission shall from time to time and as often as circum- 
 
 1366 stances may require change and revise the schedules of charges 
 for railroads prescribed by it. Same. 
 
 Commission shall from time to time and as often as circum- 
 stances may require change and revise the schedules of charges 
 
 1367 for the transportation or transmission of passengers, freight, 
 cars, express and messages by telephone prescribed by it. Sess. 
 Laws iQiiy ch. 207, sec. 20. 
 
 The rates, fares and classifications established by com- 
 mission for common carriers after hearing and investigation 
 
 1368 shall from time to time thereafter upon complaint duly made be 
 subject to revision by commission the same as any other rates, 
 fares and classifications. Same, sec. 23. 
 
 The classification of common carriers and of freight, express 
 
 1369 and telephone messages made by commission may from time to 
 time be changed by it. Same, sec. 50. 
 
 Commission may from time to time change rates fixed and 
 
 1370 prescribed by it for the transmission of telephone messages when 
 in its judgment such change is necessary. Same, sec. 52. 
 
 No change shall be made in any schedule of maximum rates 
 by commission until after reasonable notice of hearing shall have 
 
 1371 been given to the company or companies and persons interested 
 therein, and a hearing has been had thereon. Sess. Laws 1909, 
 ch. 289, sec. 5, as amended by Sess. Laws 191 1, ch. 218, sec. 3. 
 
 TEXAS A provision for railroads substantially identical 
 
 1372 with par. 1352. Sayles' Civ. Stats. 1897, art. 4362(8). 
 
 Commission may at any time abolish, alter or in any manner 
 
 351 
 
amend the schedules of rates for railroads prescribed by it or 
 
 1373 abolish or amend any regulation so prescribed, and in that event] 
 certified copies of the schedules, rules or regulations showing the] 
 changes therein shall be delivered to each road as by law specified. 
 Same, art. 4j6y. 
 
 1374 Also a provision for express companies identical with par. 
 1347. Same, art. 4582. 
 
 VIRGINIA Commission may from time to time to come J 
 
 alter or amend the rates, charges, classifications, rules, regula-j 
 
 1376 tions and requirements prescribed by it for transportation and? 
 transmission companies. Const., sec. i^6{b). 
 
 WISCONSIN Commission may at any time upon notice toj 
 
 the railroad and after opportimity to be heard as provided in 
 section 12 rescind, alter or amend any order fixing any rate or 
 
 1376 rates, fares, charges or classification or any other order made by 
 commission, and certified copies of the same shall be served and: 
 take effect as provided for original orders. Laws 1905, ch. j62, 
 sec. iyg^-i4{d). 
 
 Commission may at any time upon notice to the public; 
 utility and after opportunity to be heard as provided in section i 
 i797m-45 rescind, alter or amend any order fixing any rate ori 
 
 1877 rates, tolls, charges or schedules or any other order made by j 
 commission, and certified copies of the same shall be served and^ 
 take effect as provided for original orders. Laws igoy, ch. 499, 
 sec. i^gym-62. 
 
 H. AUTHORITY OF COMMISSION WITH! 
 RESPECT TO THE SUSPENSION Opi 
 RATES AND CHARGES. 
 
 UNITED STATES Whenever there shall be filed with commission! 
 any schedule stating a new individual or joint rate, fare 
 charge, or any new individual or joint classification, or any ne\ 
 individual or joint regulation or practice affecting any rate, fare,^ 
 or charge, commission may either upon complaint or upon its o^ 
 initiative without complaint, at once, and if it so orders withoi 
 answer or other formal pleading by the interested carrier 
 carriers, but upon reasonable notice, enter upon a hearing coi 
 ceming the propriety of such rate, fare, charge, classificatic 
 regulation, or practice; and pending such hearing and the decisi( 
 thereon commission upon filing with such schedule and deliveru 
 
 352 
 
to the carrier or carriers affected thereby a statement in writing of 
 its reasons for such suspension, may suspend the operation of such 
 schedule and defer the use of such rate, fare, charge, classification, 
 regulation or practice but not for a longer period than 120 days 
 beyond the time when such rate, etc., would otherwise go into 
 
 1378 effect; and after full hearing, whether completed before or after 
 the rate, etc., goes into effect, commission may make such order 
 in reference to such rate, etc., as would be proper in a proceeding 
 initiated after the rate, fare, charge, classification, regulation, or 
 practice had become effective: Provided, that if any such hear- 
 ing cannot be concluded within the period of suspension, as above 
 stated, commission may, in its discretion, extend the time of 
 suspension for a further period not exceeding six months. At 
 any hearing involving a rate increased after January i, 19 10, or 
 of a rate sought to be increased after the passage of this act, the 
 burden of proof to show that the increased rate or proposed in- 
 creased rate is just and reasonable shall be upon the common car- 
 rier, and commission shall give to the hearing and decision ^of 
 such questions preference over all other questions pending before 
 it and decide the same as speedily as possible. Act to Regulate 
 Commerce, sec. ij. 
 
 ARIZONA, CALIFORNIA 
 
 Whenever there shall be filed with commission 
 any schedule stating an individual or joint rate, fare, toll, 
 rental, charge, classification, contract, practice, rule or regulation, 
 not increasing or resulting in an increase in any rate, fare, toll, 
 rental or charge, commission may either upon complaint or 
 upon its own initiative without complaint, at once, and if it so 
 orders, without answer or other formal pleadings by the interested 
 public service corporation or corporations,^ but upon reason- 
 able notice, enter upon a hearing concerning the propriety of such 
 rate, etc., and pending the hearing and the decision thereon such 
 rate, etc., shall not go into effect; provided, that the period of 
 suspension of such rate, etc., shall not extend beyond 120 days 
 
 1379 beyond the time when such rate, etc., would otherwise go into 
 effect unless commission, in its discretion, extends the period of 
 suspension for a further period not exceeding six months. On 
 such hearing commission shall establish the rates, etc., proposed, 
 in whole or in part, or others in Heu thereof, which it shall find 
 to be just and reasonable. All such rates, etc., not so suspended 
 
 »" Public utilities," in California. 
 
 353 
 
shall, on the expiration of 30 days from the time of filing the same 
 with commission, or of such lesser time as commission may grant, 
 go into effect and be the established and effective rates, fares, 
 tolls, rentals, charges, classifications, contracts, practices, rules 
 and regulations subject to the power of commission, after a hear- 
 ing had on its own motion or upon complaint, as herein provided, 
 to alter or modify the same. Ariz.- — Sess. Laws igi2, ch. go, 
 sec. 6j{b); Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 6j{b). 
 
 ILLINOIS Commission may, upon complaint or upon^ 
 
 its own motion, suspend the taking effect of any schedule or| 
 
 1380 classification as provided in section four ^ of this act, pending in- 
 quiry as to its correctness or the reasonableness of the rates con- 
 tained in it. Revisal igog, ch. 114, sec. jyo. 
 
 Commission shall take cognizance of all contracts, agree- 
 ments, schedules, tariffs, rates, classifications, rules and regula-^ 
 tions and in the event of anything found contained in them or 
 either of them deemed injurious to or inconsistent with the public ^ 
 welfare or which may work to the detriment of the public, com- 
 munities, or individuals, commission shall cause the same to be 
 immediately inquired into, either upon complaint or upon its 
 own motion and initiative without complaint, as may be deemed 
 proper by commission, and it may suspend for a period of not 
 more than four months, pending inquiry, the taking effect of any 
 such classification, schedule of rates, charges, tariffs, agreements, 
 rules or regulations. The express company or carrier by ex- 
 press affected shall be forthwith notified and full hearing of the 
 
 1381 cause had promptly, as in other proceedings before commission, 
 and all interested express companies or carriers by express and 
 other persons interested may be made parties. If commission 
 is of the opinion after such hearing and investigation that the 
 schedules of rates, charges, tariffs, agreements or classification 
 as filed or published, or the privileges, facilities and regulations 
 published in connection therewith are imjust or iinreasonable 
 or otherwise discriminatory or prejudicial, or in violation of law, 
 it shall determine what is and will be reasonable and just and 
 shall prescribe the same, and shall order such express company 
 or carrier by express to file with commission and publish on or 
 before a certain day, to take effect on a certain day, schedules 
 of charges, classification, tariff, rules or regulations in accordance 
 with the findings and decision of commission. Same, sec. jyi. 
 
 ^ Revisal 1909, ch. 114, sec. 371. 
 
 354 
 
INDIANA A provision substantially identical with par. 
 
 1378. The right to suspend applies to any schedule stating ''a 
 new individual or joint rate or charge or any new individual or 
 joint classification or any new individual or joint regulation or 
 
 1382 practice affecting any rate or charge." The original period of 
 vsuspension is 30 days. The additional period of suspension is 
 30 days. The only time mentioned in the last sentence is the 
 time of the passage of the act. Acts igii, ch. 186, sec. i. 
 
 MICHIGAN Upon the filing with commission by a common 
 
 carrier of any tariff or supplement showing any change in rates, 
 fares or charges or joint rates, fares or charges or a discontinuance 
 of any rate or rates, fares or charges or joint rates, fares or 
 charges, commission may acting upon its own initiative or upon 
 complaint postpone the date when such new rate or rates or 
 joint rates, fares or charges or discontinuance of rate or rates or 
 joint rates, fares or charges, shall become effective to such time 
 not to exceed in all 45 days as shall give commission opportunity 
 
 1383 to investigate the reasonableness of such proposed rate or rates 
 or discontinuance of rate or rates, and commission may there- 
 upon proceed with all convenient speed with an investigation 
 upon at least five days' notice to said common carrier, either 
 upon its own initiative or upon complaint as to the reasonableness 
 of said rate or rates, follow the procedure as near as may be, and 
 make its order in the manner provided in section 22 of this act, 
 such investigation to take precedence of all matters of a different 
 nature pending before the commission. Puh. Acts iQii, no. ijg, 
 sec. io{h). 
 
 NEW HAMPSHIRE Whenever any schedule shall be filed with the 
 commission imder paragraph (b) of this section stating new and 
 higher rates, fares, charges or prices, which the railroad corpora- 
 tion or public utility filing the same purposes to put into force, 
 commission may investigate the reasonableness of such proposed 
 rates, fares, charges or prices. Pending any such investigation 
 and the decision thereon, commission may, by an order served 
 
 1384 upon the railroad corporation or public utility affected, suspend 
 said schedule, and forbid the demanding or collecting of the 
 rates, fares, charges or prices, covered by the schedule for such 
 period or periods not to exceed six months in all as in the judg- 
 ment of commission may be necessary for such investigation. 
 Laws igii, ch. '164, sec. 7(c). 
 
 355 
 
NEW JERSEY When any public utility shall increase any ex- 
 
 isting individual rates, joint rates, tolls, charges or schedules 
 thereof, as well as commutation, mileage and other special rates, or 
 change or alter any existing classification, commission may either 
 upon written complaint or upon its own initiative hear and de- 
 termine whether the said increase, change or alteration is just 
 and reasonable. The burden of proof to show that the said in- 
 
 1386 crease, change or alteration is just and reasonable shall be upon 
 the public utility making the same. Commission may pending 
 such hearing and determination order the suspension of the said 
 increase, change or alteration until commission shall have ap- 
 proved said increase, change or alteration, not exceeding three 
 months. Commission shall approve any such increase, change 
 or alteration upon being satisfied that the same is just and rea- 
 sonable. Laws igii, ch. igj, sec. i7{h). 
 
 SOUTH DAKOTA A provision substantially identical with the 
 United States provision. Commission is authorized to enter 
 upon a hearing concerning the "propriety or reasonableness" of 
 the rates contained in the schedule. Notice to the carriers shall 
 be by "delivering or mailing to the agents or officers of the car- 
 rier or carriers designated in section 20 of this act affected thereby 
 a statement in writing of its reasons therefor. " The last sen- 
 
 1386 tence reads: At any hearing involving an increase in the rates, 
 fares or charges for transportation of passengers, property, ex- 
 press or messages by telephone, the burden of proof to show that 
 the increased rate or proposed rate is just and reasonable, shall 
 be upon the common carrier and commission shall give prefer- 
 ence to the hearing and determination of such question and decide 
 the same as soon as possible. Sess. Laws 191 1, ch. 2oy, sec. 21. 
 
 WASHINGTON Whenever any public service company shall 
 
 file with commission any schedule, classification, rule or regtila- 
 tion, the effect of which is to increase any rate, fare, charge, 
 rental or toll theretofore charged, commission may, either upon 
 its own motion or upon complaint, upon notice, enter upon a 
 hearing concerning such proposed increase and the reasonable- 
 ness and justness thereof, and pending such hearing and the de- 
 cision thereon commission may suspend the operation of such 
 rate, fare, charge, rental or toll for a period of 90 days from thel 
 
 1887 time the same would otherwise go into effect, and after a full! 
 hearing commission may make such order in reference thereto 
 as would be provided in a hearing initiated after the same had] 
 become effective; Provided, that if any such hearing cannot be] 
 
 356 
 
concluded within the period of suspension, as above stated, com- 
 mission may, in its discretion, extend the time of suspension for 
 a further period not exceeding 60 days. If commission shall at 
 the conclusion of the hearing refuse to permit such increase, 
 either in whole or in part, no supersedeas shall be granted in any 
 action or proceeding brought to review the order of commission 
 pending the final determination of such action by the superior 
 court or, if appealed to the supreme court, by such supreme court. 
 Laws igiiy ch. iij, sec. 82. 
 
 WISCONSIN Whenever any person, firm, corporation, or 
 
 association, or any mercantile, agricultural or manufacturing 
 society, or any body politic or municipal organization, lodges a 
 complaint with commission before any change or changes in any 
 schedule, including schedule of joint rates, or in any classification, 
 rule, regulation or practice, become effective as in this section pro- 
 vided to the effect that such change or changes are unreasonable 
 or unjustly discriminatory, commission shall give notice to the 
 railroad or railroads complained of that complaint has been 
 made, and proceed to investigate the same and order a hearing 
 thereon in the manner provided for hearings in section 1797- 
 1 2 ; and commission may, in its discretion, stay such change or 
 changes pending such investigation and the determination of the 
 matters investigated by issuing an order to that effect at any time 
 before said change or changes shall take effect as in this section 
 provided. If upon such investigation the change or changes 
 
 1388 complained of shall be found unreasonable or unjustly dis- 
 criminatory such change or changes shall not take effect if the 
 same have been stayed and in case no such stay has been ordered 
 and such change or changes have become effective pending such 
 investigation commission may order the discontinuance of such 
 change or changes. Commission may upon such investigation fix 
 and order substituted for any such change or changes such rate or 
 rates, joint rate or rates, fares, charges, classification, rule, regu- 
 lation, practice or service, as the case may be, as it shall have 
 determined to be just and reasonable and which shall be charged, 
 imposed or followed in the future, and may make such orders re- 
 specting such rule, regulation, practice or service as it shall have 
 determined to be reasonable and which shall be observ^ed and fol- 
 lowed in the futiu-e. Commission may exercise all the powers 
 granted it by this section, of its own motion without formal com- 
 plaint being filed by anyone. Laws 1905, ch. J62, sec. i/97-4(e), 
 as amended by Laws iQog, ch. 355. 
 
 357 
 
I. VALIDITY OF RATES AND CHARGES 
 PRESCRIBED BY COMMISSION AND 
 PERIOD OF ENFORCEMENT. 
 
 UNITED STATES All orders of commission except orders for the 
 
 payment of money shall take effect within such reasonable time 
 
 • not less than 30 days and shall continue in force for such period 
 
 1389 of time not exceeding two years as shall be prescribed in the order 
 of commission imless the same shall be suspended or modified or 
 set aside by commission or by a court of competent jurisdiction. 
 Act to Regulate Commerce, sec. 15. 
 
 ALABAMA All rates, charges, classifications, rules and 
 
 regulations adopted or acted upon by any transportation com- 
 
 1390 pany inconsistent with those prescribed by commission or in- 
 consistent with those prescribed by any statute, shall be un- 
 lawful. Code igoj, sec. 5651. 
 
 All rates, fares, charges, classifications and joint rates and 
 orders establishing rules, regulations, practices, or services fixed 
 by commission shall be in force and shall be deemed prima facie 
 
 1391 reasonable and valid in any court wherein is properly drawn in 
 question the reasonableness or validity thereof, and the burden 
 shall be upon the party attacking said rates or orders to show 
 that the same are invalid or unfair and unreasonable. Same, 
 sec. ^68 J. 
 
 ARKANSAS In all actions between private parties and rail- 
 
 road companies brought under the law establishing a railroad 
 commission and defining its powers and duties, the rates, charges, 
 
 1392 orders, rules, regulations and classifications prescribed by com- 
 mission before the institution of such action shall be held, deemed 
 and accepted to be reasonable, fair and just, and in such respects 
 shall not be controverted therein. Kirby^s Digest igo4, sec. 
 6809. 
 
 COLORADO Identical with par. 1389, except that "all 
 
 orders of commission except orders for the payment of money" 
 
 1393 reads "all orders of commission." Laws igio, sp. sess., ch. 5, 
 sec. 75. 
 
 FLORIDA The schedule of rates furnished by com- 
 
 mission, certified by the chairman of commission, shall be ad- 
 mitted in evidence without necessity for other proof, and shall in 
 all suits brought against any railroad corporation wherein is in- 
 
 358 
 
volved the rates of any such railroad corporation for the trans- 
 
 1394 portation of freight of any description, or charges for the trans- 
 portation or use of any kind of car upon the tracks of any railroad 
 or any of the branches thereof, or for transportation of any 
 passenger or passengers or for any unjust discrimination in re- 
 lation thereto, be deemed and taken in all courts of the state as 
 prima facie evidence that the rates fixed in such schedule are 
 just and reasonable. Gen. Stats. iqo6, sec. 28qq. 
 
 All the rules and regulations made and prescribed by com- 
 mission for the transportation of persons and property on the 
 railroads subject to the provisions of this act, or to prevent unjust 
 
 1395 discrimination or other abuses by them, shall be deemed and 
 held to be prima facie reasonable and just and are made prima 
 facie evidence in the same manner the schedules are made 
 prima facie evidence. Same, sec. 2goj. 
 
 GEORGIA The schedules of rates for railroad corpora- 
 
 tions made by commission shall in suits brought against such 
 corporations wherein is involved the charges of any such corpora- 
 
 1396 tion for the transportation of any passengers or freight or cars or 
 unjust discrimination in relation thereto, be deemed and taken 
 in all courts of the state as sufficient evidence that the rates 
 therein fixed are just and reasonable. Code igii, sec. 26 ji. 
 
 Schedules prepared by commission shall not be taken as 
 evidence, as herein provided, until schedules have been prepared 
 and published for all the railroad companies now organized under 
 the laws of the state or that may be organized at the time of the 
 said publication. All schedules purporting to be printed and 
 
 1397 published as provided by law shall be received and held in all 
 such suits as prima facie the schedules of commission without 
 further proof than the production of the schedules desired to be 
 used as evidence with a certificate of commission that the same 
 is a true copy of the schedtde prepared by it for the railroad com- 
 pany or corporation therein named, and that the same has been 
 duly published as required by law. Same, sec. 26 j2. 
 
 ILLINOIS The schedules made for railroad corporations 
 
 (common carriers) by commission shall in all suits brought 
 against such railroad corporations (common carriers) wherein is 
 in any way involved the charges of any such railroad corporation 
 
 1398 (common carrier) for the transportation of any passenger or 
 freight or cars or imjust discrimination in relation thereto, be 
 deemed and taken in all courts of the state as prima facie evidence 
 
 359 
 
that the rates therein fixed are reasonable maximiim rates. 
 Revisal igog, ch. 114, sec. iji {railroad corporations), sec. ig8 
 {common carriers). 
 
 All schedules shall be received and held in all such suits as 
 prima facie the schedules of commission without further proof 
 
 1399 than the production of the schedules desired to be used as 
 evidence with a certificate of commission that the same is a true 
 copy of a schedule prepared by it for the railroad company or 
 corporation (common carrier) therein named. Same. 
 
 IOWA The schedules of reasonable maximum rates 
 
 of charges for the transportation of freight and cars together 
 
 1400 with the classification of such freight now in effect shall remain 
 in force until changed by commission according to law. Code 
 iSgy, sec. 2ij8. 
 
 In all actions brought against railway corporations (express 
 companies) wherein there are involved the charges thereof for the 
 transportation of any freight or cars (or property, in the case of 
 express companies) or any unjust discrimination in relation 
 
 1401 thereto, the schedules of reasonable maximum rates of charges 
 made by commission shall be taken as prima facie evidence in all 
 courts that the rates fixed therein are reasonable and just maxi- 
 mum rates. Same, sec. 2138 {railway corporations) sec. 2i6^{c) 
 {express companies) . 
 
 When a printed copy of the schedule of rates revised by com- 
 mission is certified by commission as a true copy prepared by it 
 for the railway company or corporation therein named and that 
 
 1402 notice thereof has been published as required by law, it shall be 
 received in evidence in all actions as prima facie the schedule of 
 commission. Same, sec. 2ij8. 
 
 All decisions of commission with respect to rates entered on 
 record of commission including any schedules and classifications 
 fixed and determined by commission shall, when duly authen- 
 ticated, be received and held in all suits brought against any 
 
 1403 railroad corporation or common carrier wherein is in any way 
 involved the charges of any such corporation or common car- 
 rier mentioned in said decisions in any of the courts of the state 
 as prima facie evidence that the rates therein fixed are reason- 
 able maximum rates the same as the schedule made by com- 
 mission as provided in section 2138. Same, sec. 2 141. 
 
 KANSAS Rates for water fixed by commission shall be 
 
 1404 binding upon the irrigation companies for one year from the date 
 
 360 
 
of commission's decision and until the further order of commis- 
 sion. Gen. Stats, igog, sec. 4477. 
 
 All orders, regulations, practices, services, rates, fares, 
 charges, classifications, tolls and joint rates fixed by commission 
 shall be in force and effect on and after 30 days from the making 
 
 1405 thereof and expiration of 30 days after service aforesaid, shall be 
 prima facie reasonable unless or until changed or modified by 
 commission or in pursuance of proceedings instituted in court as 
 provided, in this act. Laws igii, ch. 2j8, sec. 18. 
 
 All findings, rates, joint rates, fares, tolls, charges, rules, 
 regulations, classifications and schedules fixed and established by 
 commission shall be in full force and effect and all regulations, 
 
 1406 practices, services and acts prescribed or required by commission 
 to be done or carried into effect unless otherwise found and de- 
 termined or stayed by a court of competent jurisdiction. Same, 
 sec. ig. 
 
 See also pars, gij, gi6. 
 
 LOUISIANA Every order or decision of commission, fixing 
 
 and establishing a rate or charge for the transportation of passen- 
 gers or freight, or for the transmission of messages or conversa- 
 *^tions by telephone or telegraph, within the state, shall go into 
 
 1407 effect at such times as may be fixed by commission, and shall re- 
 main in effect and be complied with unless and until set aside by 
 commission, or by a final judgment of a court of competent juris- 
 diction, rendered on final trial in a suit to set aside and annul the 
 same. Const., art. 286. 
 
 All orders of commission made and entered upon its records, 
 respecting rates, charges, rules, regulations and classifications, 
 affecting any railroad, express, telephone, telegraph, steamboat, 
 or other water craft, or sleeping car company, or other individual, 
 corporation or carrier, or requiring the performance of any act by 
 
 1408 any such railroad, express, telephone, telegraph, steamboat, or 
 other water craft, or sleeping car company, or other individual, 
 company or corporation, shall be operative and in full force and 
 affect from and after the time fixed for the same to become effec- 
 tive by commission, unless such orders be thereafter changed, 
 altered, modified, or set aside by a court of competent jur- 
 isdiction. Stats. igo8, no. 171, sec. i. 
 
 MARYLAND The price fixed by commission shall be the 
 
 maximimi price to be charged by any person or corporation for 
 gas or electricity in any municipaHty or county until commission 
 
 361 
 
shall upon complaint as provided in this section or by the cor- 
 
 1409 poration interested or upon its application for a new adjustment 
 of rates or upon an investigation conducted by commission on its 
 own motion, again fix the maximum price according to law of 
 such gas or electricity. Laws ipio, ch. i8o, sec. j/. 
 
 See also par. g2g. 
 
 MASSACHUSETTS Orders of commission relative to the price of 
 
 1410 gas or electricity shall be binding upon all parties until further 
 order of commission. Rev. Laws igo2, ch. 121, sec. 35. 
 
 MICHIGAN The price fixed by commission for electricity, 
 
 of which the corporation shall have notice, shall be the maximum 
 
 1411 price in any municipality imtil commission shall upon like com- 
 plaint or upon the complaint of the person, firm or corporation 
 engaged in furnishing such electricity, again fix the maximum 
 price to be charged therefor. Pub. Acts igog, no. 106, sec. 7. 
 
 When there are two or more rates in effect between the same 
 points via the same route, the lowest published rate shall be the 
 
 1412 only legal rate applicable in the state. In the event a published 
 through rate exceeds any combination of two or more local rates 
 between the same points within the state the combination form- 
 ing the lowest rate shall govern. Pub. Acts igog, no. 300, sec. g. 
 
 All rates, fares, charges, classifications and joint rates fixed 
 by commission and all regulations, practices and services pre- 
 scribed by commission shall be in force and shall be prima facie 
 
 1413 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 commission as pro- 
 vided for in section 24 of this act. Pub. Acts igir, no. ijg, 
 sec. 25. 
 
 MINNESOTA The tariff made by commission shall be deemed 
 
 prima facie reasonable in all courts and shall be in full force dur- 
 
 1414 ing the pendency of any appeal or other proceedings to review 
 the action of commission in establishing the same. Rev. Laws 
 igo5, sec. ig6g. 
 
 The rates established under proceedings instituted on mo- 
 1416 tion of commission shall be in force during the pendency of any 
 appeal or other proceedings to review the action of commission. 
 Same, sec. igyo. 
 
 See also par. gjg. 
 
 MISSOURI A copy of the schedules made by commission 
 
 certified by the secretary of commission shall, in proceedings 
 
 362 
 
1416 wherein is involved the reasonableness and justness of the 
 charges and rates of commission, be prima facie evidence that 
 the rates therein fixed are reasonable and just. Rev. Stats, igog, 
 sec. Ji8g. 
 
 NEBRASKA The schedules of rates and charges fixed and 
 
 prescribed by commission shall go into effect not less than 30 
 days nor more than 60 days within the discretion of commission, 
 after the same have been completed and copies thereof mailed to 
 the railway companies and common carriers affected thereby, 
 
 1417 and any or all rates therein contained shall be and remain in 
 force and effect from and after said time unless modified, annulled 
 or otherwise revised either in whole or in part by commission 
 upon a hearing with respect thereto or until such rate or rates 
 are finally adjudged to be unreasonable and unjust in a court of 
 competent jurisdiction. Cobbey's Annot. Stats, igog, sec. lodj^. 
 
 A copy or copies of the schedule of rates and charges fixed 
 and prescribed by commission when duly authenticated shall be 
 received in evidence in all courts in the state without further 
 
 1418 proof as prima facie evidence that the rates therein contained are 
 those fixed by commission and that said rates are prima facie 
 just and reasonable. Same. 
 
 The decision of commission affirming, revising, annulling or 
 modifying any or all rates complained of in the original schedule 
 or in any subsequent schedule under investigation when duly 
 authenticated shall be received in all suits brought against any 
 railway company or common carrier or in any appeal prosecuted 
 
 1419 by any railway company or common carrier from said decision 
 wherein is in any way involved the charges of any such railway 
 company or common carrier in any of the courts of the state 
 as prima facie evidence that the rates therein fixed are just and 
 reasonable, the same as the original schedule made by com- 
 mission. Same, sec. io6^j{c). 
 
 Any rate or rates that have been revised or modified in 
 schedule form and the schedules of any and all rates so modified 
 or revised on hearing shall be in force and effect 30 days after 
 the decision of commission was mailed to the railroad company, 
 
 1420 common carrier, person or persons or corporations affected 
 thereby, and shall continue so imtil further modified, revised or 
 annulled by commission or finally adjudged to be unreasonable 
 and imjust. Same, sec. io6jj{d) . 
 
 See also par. 1140. 
 
 363 
 
NEVADA All rates, fares, charges, classifications and 
 
 joint rates fixed by commission shall be in force and shall be 
 prima facie lawful until changed or modified by commission or 
 in pursuance of section i6 of this act. All regulations, practices 
 and services prescribed by commission shall be in force and shall 
 
 1421 be prima facie reasonable imless suspended or found otherwise 
 in an action brought for that ptirpose pursuant to the provisions 
 of section i6 of this act or until changed or modified by com- 
 mission as provided for in paragraph a, section 14 of this act. 
 Stats, igoj, ch. 44, sec. 15, as amended by Stats, igog, ch, 121. 
 
 All rates fixed by commission shall be deemed reasonable 
 
 1422 and just and shall remain in full force and effect until final de- 
 termination by the courts upon appeal. Same, sec. 16. 
 
 All rates,' fares, charges, classifications and joint rates fixed 
 by commission shall be enforced and shall be prima facie lawful 
 from the date of the order until changed or modified by com- 
 mission or in pursuance of section 26 of this act. All regula- 
 
 1423 tions, practices and service prescribed by commission shall be 
 enforced and shall be prima facie reasonable unless suspended 
 or found otherwise in an action brought for that purpose pur- 
 suant to the provisions of section 27 of this act or until 
 changed or modified by commission itself upon satisfactory 
 showing made. Stats, igii, ch. 162, sec. 25. 
 
 NEW HAMPSHIRE The rates, fares and charges fixed and allowed 
 by commission to be charged and collected by any railroad cor- 
 poration and the charges allowed by it to be charged by any 
 public utility shall be the rates, fares, charges or prices to be 
 charged by the railroad corporation or by the public utility 
 
 1424 affected by the order of commission fixing the same for such 
 period of time not exceeding two years as shall be prescribed in 
 the order of commission imless the same shall be suspended or 
 set aside by a coiirt of competent jurisdiction. Laws igii, ch. 
 164, sec. ii{d). 
 
 Nothing herein contained shall prevent a public utility at 
 142B any time from entering into a contract with a customer for a 
 period exceeding two years at rates then lawful. Same. 
 
 NEW YORK The price fixed by commission under this 
 
 section or under subdivision five of section 66 shall be the 
 maximum price to be charged by any person or corporation for 
 gas or electricity for the service to be furnished and for a period 
 
 1426 to be fixed by commission in the order not exceeding three years 
 
 36*4 
 
except in the case of a sliding scale and thereafter until com- 
 mission shall upon its own motion or upon the complaint of any 
 corporation, person or municipality interested, fix a higher or 
 lower maximum price of gas or electricity to be thereafter charged. 
 Laws 1910, ch. 480, sec. 72. 
 See also par. gg4. 
 
 NORTH CAROLINA A schedule of rates fixed by commission shall 
 in suits brought against any company wherein is involved 
 charges of any company for the transportation of any passenger 
 
 1427 or freight or cars or imjust discrimination in relation thereto, 
 be taken in all courts as prima facie evidence that the rates 
 therein fixed are just and reasonable rates. PelVs Revisal igo8, 
 sec. 1112. 
 
 All such schedules shall be received and held in all suits as 
 prima facie evidence of the schedules of commission without 
 further proof than the production of the schedules desired to be 
 
 1428 used as evidence with a certificate of the clerk of commission 
 that the same is a true copy of the schedule prepared or ap- 
 proved by it for the railroad company or corporation therein 
 named. Same. 
 
 NORTH DAKOTA A provision identical with par. 1398, except 
 that ''the rates therein fixed are reasonable maximum rates" 
 
 1429 reads "the rates therein fixed are reasonable and just maximum 
 rates." Rev. Codes 1905, sec. 4343, as amended by Laws 1911, 
 ch. 2^^, sec. 2. 
 
 Also a provision identical with par. 1399, except that "and 
 
 1430 that notice of the same has been published as required by law," 
 is added. Same. 
 
 Any decisions with respect to rates made by commission and 
 entered on record including any schedules and classifications 
 shall, when duly authenticated, be received and held in all suits 
 brought against any railroad, railroad corporation or common 
 
 1431 carrier wherein is in any way involved the charges of any such 
 railroad, railroad corporation or common carrier in any of the 
 courts of the state as prima facie evidence that the rates therein 
 fixed are reasonable maximum rates the same as the schedule 
 made by commission as provided in section 4343. Same, sec. 
 4346- 
 
 OHIO All rates, fares, charges, classifications and 
 
 joint rates fixed by commission shall be in force and be prima 
 
 1432 facie lawful for one year from the day they take effect or until 
 
 365 
 
changed or modified by commission or by an order of a com- 
 petent court in an action under the provisions of this chapter. 
 Code igio, sec. 541. 
 
 All regulations, practices and service prescribed by com- 
 mission shall be in force and be prima facie reasonable unless 
 
 1433 suspended or found otherwise in an action brought for that pur- 
 pose pursuant to the provisions of this chapter or until changed 
 or modified by commission. Same, sec. 542. 
 
 OKLAHOMA All rates, charges, classifications, rules and 
 
 regulations adopted, or acted upon, by any transportation and 
 
 1434 transmission companies, inconsistent with those prescribed by 
 commission, shall be unlawful and void. Const., art. ix, sec. 18. 
 
 OREGON All rates, fares, charges, classifications and 
 
 joint rates fixed by commission shall be in force and shall be 
 prima facie lawful, and all regulations, practices and service 
 
 1435 prescribed by commission shall be in force and prima facie 
 reasonable until finally found otherwise in an action brought 
 for that piupose pursuant to the provisions of sections 32, 33, 
 34 and 35 of this act. Gen. Laws ipoy, ch. 5j, sec. ji. 
 
 All rates, tolls, charges, schedules and joint rates fixed by 
 commission shall be in force and shall be prima facie lawful and 
 all regulations, practices and services prescribed by commission 
 
 1436 shall be in force and shall be prima facie lawful and reasonable 
 until found otherwise in a suit brought for that purpose pur- 
 suant to the provisions of sections 54, 55, 56 and 57 of this act. 
 Gen. Laws igii, ch. 2yg, sec. ^j. 
 
 SOUTH CAROLINA Schedules made by commission shall in suits 
 brought against any railroad corporation wherein is involved the 
 charges of any such railroad corporation for the transportation 
 
 1437 of any passenger or freight or cars or unjust discrimination in 
 relation thereto, be deemed and take in all of the courts of the 
 state as sufficient evidence that the rates therein fixed are just 
 and reasonable rates. Gen. Stats. igo2, sec. 2og3. 
 
 Schedules made or revised by commission shall not be taken 
 as evidence as herein provided until schedules have been pre- 
 pared and published as required by law for all the railroad com- 
 panies now organized under the laws of this state or that may be 
 organized at the time of said publication. All such schedules 
 purporting to be printed and published as aforesaid shall be re- 
 
 1438 ccivcd and held in all such suits as prima facie the schedules of 
 commission without further proof than the production of the 
 
 366 
 
schedule desired to be used as evidence with a certificate of the 
 railroad commission that the same is a true copy of the schedule 
 prepared by them for the railroad company or corporation therein 
 named and that the same has been duly published as required by 
 law. Same. 
 
 SOUTH DAKOTA The schedules made by om-m^^ssion shall in 
 all suits brought against railroad corporations wherein is in any 
 way involved the charges of any such railroad corporation for 
 
 1439 the transportation of passengers and freight or cars or unjust 
 discrimination in relation thereto, be deemed and taken in all 
 courts of the state as prima facie evidence that the rates and 
 passenger fares therein fixed are reasonable and just maximum 
 rates. Rev. Pol. Code igoj, sec. 4^0. 
 
 All schedules made by commission shall be received and held 
 in all such suits as prima facie the schedules of commission 
 without further proof than the production of the schedule de- 
 
 1440 sired to be used as evidence with a certificate of commission that 
 the same is a true copy of the schedule prepared by it for the 
 railroad company or corporation therein named, and that notice 
 of making the same has been published as required by law. Same. 
 
 The schedules made by commission shall in all suits brought 
 against common carriers wherein is in any way involved the 
 charges of any such common carrier for the transportation of 
 passengers, freight, cars, express or messages by telephone or un- 
 
 1441 just discrimination in relation thereto, be deemed and taken in all 
 courts of the state as prima facie evidence that the rates and 
 passenger fares therein fixed are reasonable and just maximum 
 rates. Sess. Laws igii, ch. 20'/, sec. 20. 
 
 All sched-ules made by commission shall be received and held 
 in all suits as prima facie the schedule of commission without 
 further proof than the production of the schedule desired to be 
 
 1442 used as evidence with a certificate of commission that the same 
 is a true copy of the schedule prepared by it for the common 
 carrier or corporation therein named and that notice of making 
 the same has been given as required by law. Same. 
 
 Any decision with respect to rates made by commission and 
 entered upon record including any schedule and classification 
 shall, when diily authenticated, be received and held in all suits 
 
 1443 brought against any common carrier wherein is in any way in- 
 volved the charges of any such corporation or common carrier 
 mentioned in said decision in any of the courts of the state as 
 
 367 
 
prima facie evidence that the rates and fares therein fixed are 
 reasonable maximtim rates and fares. Same, sec. 2j. 
 See also pars. ii6^, iiyo, 1173. 
 
 TEXAS In all actions between private parties and rail- 
 
 way companies, the rates, charges, orders, rules, regulations and 
 classifications prescribed by commission before the institution of 
 such action shall be held conclusive and deemed and accepted to 
 
 1444 be reasonable, fair and just and in such respects shall not be con- 
 troverted therein until finally found otherwise in a direct action 
 brought for that purpose in the manner prescribed in articles 
 4565 and 4566. Sayles' Civ. Stats. iSgy, art. 4^64. 
 
 VIRGINIA 1445 Identical with par. 1434. Const., sec. 156(b). 
 
 WISCONSIN All rates, fares, charges, classifications and 
 
 joint rates fixed by commission, shall be in force and shall be 
 prima facie lawful and all regulations, practices and service pre- 
 
 1446 scribed by commission shall be in force and prima facie reasonable 
 imtil finally foimd otherwise in an action brought for that pur- 
 pose pursuant to the provisions of section 16 of this act. Laws 
 1905, ch. j62, sec. ijgy-i$. 
 
 All rates, tolls, charges, schedules and joint rates fixed by 
 the commission shall be in force and shall be prima facie lawful, 
 and all regulations, practices and services prescribed by the com- 
 
 1447 mission shall be in force and shall be prima facie reasonable imtil 
 finally fotind otherwise in an action brought for that purpose 
 pursuant to the provisions of section i797m-64. Laws igoy, 
 ch. 4gg, sec. iygym-63. 
 
 368 
 
CHAPTER V 
 
 Publicity of Rates 
 
 SCOPE NOTE 
 
 This chapter includes provisions prescribing publicity 
 in the establishment and change of rates by utilities or 
 commissions, and such grants oj power as authorize com- 
 missions to render publicity in rate making elective. For 
 provisions incidentally involving publicity oj rates, sched- 
 ules or classifications on file with commissions, see ch. 
 xiv, on commission procedure and practice. For pro- 
 visions prohibiting any rates other than those specified in 
 published schedules or the remittance of any portion of 
 such rates, and for those requiring the publication and 
 filing with commissions of lists of persons to whom free or 
 reduced rate or special service has been granted, see ch. 
 vi, on discrimination in rates and service. For provisions 
 indicating the principles to be observed in determining 
 proper rates, see ch. iii, on basis of rate making. For 
 provisions authorizing commissions to regulate or pre- 
 scribe rates, see ch. iv, on establishment and change of 
 rates. For provisions regulating rate making in prac- 
 tice, see ch. vi, on discrimination in rates and service. 
 For provisions prescribing general procedure to be fol- 
 lowed in the exercise of commission authority, see ch. 
 xiv, on commission procedure and practice. For pro- 
 visions prescribing general rules of enforcement and 
 judicial review, see ch. xv, on enforcement. For general 
 statement of scope and method, see introduction. 
 
 ANALYSIS 
 
 PAGE 
 
 A. Filing of schedules 371 
 
 B. Matters to be contained in schedules 386 
 
 C. Publication and posting of schedules 390 
 
 D. The forms of schedules 402 
 
 E. Filing, publishing and posting of schedules as a condition precedent to 
 
 the exercise of the right to do business 406 
 
 F. Publicity of changes by utilities in rates and schedules 408 
 
 G. Information as to specific rates 42 1 
 
 H. Filing of leases, contracts and arrangements 424 
 
 369 
 
A. FILING OF SCHEDULES.' 
 
 UNITED STATES Every common carrier shall file with com- 
 mission and print and keep open to pubHc inspection schedules 
 showing all the rates, fares and charges for transportation be- 
 tween different points on its own route and between points on its 
 own route and points on the route of any other carrier by railroad, 
 
 1448 by pipe line, or by water when a through route and joint rate 
 have been established. If no joint rate over the through route 
 has been established, the several carriers in such through route 
 shall file, print and keep open to public inspection the sepa- 
 rately established rates, fares and charges applied to the through 
 transportation. Act to Regulate Commerce, sec. 6. 
 
 In case of failure or refusal of any carrier, receiver or trustee 
 to comply with the terms of any regulation adopted and pro- 
 mtilgated, or any order made by commission under the provisions 
 of this section, such carrier, receiver or trustee shall be liable to a 
 
 1449 penalty of $500 for each such offense and $25 for each and every 
 day of the continuance of such offense, which shall accrue to the 
 United States and may be recovered by civil action brought by 
 the United States. Saw.e. 
 
 Before any common carrier shall issue any interchangeable 
 mileage tickets with special privileges, it shall file with com- 
 mission copies of the joint tariffs of rates, fares or charges on 
 which such joint interchangeable mileage tickets are to be based, 
 together with specifications of the amoimt of free baggage per- 
 mitted to be carried under such tickets, in the same manner as 
 
 1460 common carriers are required to do with regard to other joint 
 rates by section 6 of this act; and all the provisions of said 
 section 6 relating to joint rates, fares and charges shall be ob- 
 served by said common carriers and enforced by commission as 
 fully with regard to such joint interchangeable mileage tickets as 
 with regard to other joint rates, fares and charges referred to in 
 said section 6. Same, sec. 22. 
 
 The wilful failure upon the part of any carrier to file and pub- 
 lish the tariffs or rates and charges as required by law or strictly 
 to observe such tariffs until changed according to law shall be a 
 
 1461 misdemeanor, and upon conviction thereof the corporation offend- 
 ing shall be subject to a fine of not less than $1,000 nor more than 
 $20,000 for each offense. Elkins Act, sec. i. 
 
 See also par. 152^. 
 
 'See also pars. 1653-1697. 
 
 370 
 
ALABAMA Every common carrier shall cause to be printed 
 
 or typewritten in plain type or characters, and shall file with 
 commission within a reasonable time to be fixed by commission, 
 and shall keep open to public inspection schedules showing all the 
 rates, fares and charges for the transportation of property and 
 passengers, and any service in connection therewith which it has 
 
 1452 established or which have been established by statute or by com- 
 mission between all points in the state on its own route, and, 
 when a through route and joint rate have been established, be- 
 tween all points in the state on its route and all points in the 
 state on the route of any other carrier by railroad or by water 
 with which a through route and joint rate have been established. 
 Code igoy, sec. 5521. 
 
 See also par. 2086. 
 
 ARIZONA, CALIFORNIA 
 
 Every common carrier shall file with com- 
 mission and shall print and keep open to public inspection 
 schedules showing the rates, fares, charges and classifications for 
 the transportation between termini within this state of persons 
 and property from each point on its route to all other points there- 
 on; and from each point upon its route to all points upon every 
 other route leased, operated or controlled by it; and from each 
 point on its route or upon any route leased, operated or con- 
 
 1453 trolled by it to all po'nts upon the route of any other common 
 carrier, whenever a through route and a joint rate shall have been 
 'established or ordered between any two such points. If no 
 joint rate over a through route has been established, the schedules 
 of the several carriers in such through route shall show the 
 separately established rates, fares, charges and classifications 
 applicable to the through transportation. Ariz. — Sess. Laws 
 igi2, ch. go, sec. I4{a); Cat. — Stats, igii, ist. ex. sess., ch. 14, 
 sec. 14(a). 
 
 Under such rules and regulations as commission may pre- 
 scribe every public service corporation^ other than a common 
 carrier shall file with commission within such time and in such 
 form as commission may designate and shall print and keep open 
 
 1454 to public inspection, schedules showing all rates, tolls, rentals, 
 charges and classifications collected or enforced or to be col- 
 lected or enforced, together with all rules, regulations, contracts, 
 privileges and facilities which in any manner affect or relate to 
 
 1 *' Public utility," in California. 
 
rates, tolls, rentals, classifications or service. Ariz. — Same, sec. 
 i4{b); Cat. — Same, sec. 14Q)). 
 
 Unless otherwise ordered by commission a schedule showing 
 joint tariff, rate, toll, fare, contract, classification or charge need 
 be filed with commission by only one of the parties to it; pro- 
 1465 vided that there is also filed with commission in such form as 
 commission may require a concurrence in such joint tariff, rate, 
 toll, fare, contract, classification or charge by each of the other 
 parties thereto. Ariz. — Same, sec. 16,' Cat. — Same, sec. 16. 
 
 Every common carrier and every telegraph and telephone 
 corporation shall print and file or cause to be filed with commis- 
 sion, schedules showing all the rates, fares, tolls, rentals, charges 
 and classifications for the transportation of persons or property 
 or the transmission of messages or conversations between all 
 points within this state and all points without the state upon its 
 1456 route, and between all points within this state and all points 
 without the state upon every route leased, operated or controlled 
 by it, and between all points on its route or any route leased, 
 operated or controlled by it within this state and all points 
 without the state upon the route of any other common carrier or 
 telegraph or telephone corporation, whenever a through route and 
 joint rate shall have been established between two such points. 
 Ariz.— Same, sec. 18; Cal. — Same, sec. 18. 
 
 See also pars, jig, y22. 
 
 COLORADO Substantially identical with par. 1448. Laws 
 
 1467 igio, sp. sess., ch. 5, sec. 6. 
 
 ILLINOIS Each and every express company and carrier 
 
 by express shall file with commission printed copies of all schedules 
 
 1458 and charges or amendments thereto that may be made or pro- 
 mulgated from time to time, also all changes in said schedules, 
 tariffs, classifications, regulations and rules as prescribed and 
 defined by law. Revisal igog, ch. 114, sec. j/i. 
 
 Any express company or carrier by express or any officer, 
 representative, servant, agent, lessee, trustee or receiver of such 
 express company or carrier by express knowingly failing or neg- 
 lecting to obey any order made under the provisions of this sec- 
 
 1459 tion shall be fined in any sum not exceeding $1,000 for each 
 offense to be recovered in an action of debt in the name of the 
 people of the state of Illinois, and there may be several counts 
 joined in the same declaration. Each distinct violation shall be a 
 separate offense, and in case of a continuing violation, the viola- 
 tion for each day shall be deemed a separate offense. Same. 
 
 372 
 
INDIANA The classification of freight on all railroads in 
 
 this state shall be uniform, and every carrier shall print in plain 
 type and file with commission, within 60 days after this act goes 
 into effect, unless commission, for cause shown, shall extend 
 such time, schedules which shall be open to public inspection, 
 showing all rates and charges for the transportation of passengers 
 and property, and for sleeping and parlor car service and accom- 
 modations, and schedules of joint rates showing all joint rates, 
 fares and charges for the transportation of passengers and prop- 
 erty, and for sleeping and parlor car service and accommoda- 
 
 1460 tions, and of any service in connection with all such transporta- 
 tion which it has established, and which are in force at that time 
 between all points in this state upon its lines, or any line con- 
 trolled or operated by it, upon its lines or any one or more con- 
 necting lines, and such carriers shall file with commission within 
 such time, the classification of freight in force on its line. Such 
 carrier shall also file with commission schedules of all such rates 
 which it shall adopt and put into effect after such date, and in the 
 manner here provided, at least two days before the same becomes 
 effective; provided that commission, upon a showing made, can 
 put such new rates into effect at once. Acts igii, ch. 22 j, sec. i. 
 
 Upon demand therefor by commission, every carrier shall 
 file with commission any schedule of rates in force on its line for 
 
 1461 the carriage of passengers or property in interstate commerce to 
 enable commission to perform the duties devolved upon it by 
 this act, and any such schedule shall be filed within five days 
 after the same has been demanded. Same. 
 
 See also par. 1538. 
 
 IOWA If passengers and freight pass over continuous 
 
 lines or routes in this state, operated by more than one common 
 
 1462 carrier, and the several common carriers operating such lines or 
 routes have established joint tariffs of rates, fares or charges for 
 such continuous lines or routes, copies of such joint tariffs shall 
 be filed with commission. Code iSgy, sec. 2128. 
 
 If any common carrier shall neglect or refuse to file or pub- 
 lish its schedule or tariff of rates, fares and charges, or any part 
 of the same, it shall, in addition to the other penalties prescribed 
 by law, be subject to a writ of mandamus to be issued by any dis- 
 trict court of the state in the judicial district wherein its principal 
 ofhce is situated, or wherein such offense may be committed. If 
 such common carrier be a foreign corporation, then such writ 
 
 1463 may be issued by any district court in the judicial district where 
 
 3 73 
 
it accepts traffic and has an agent to perform such service, to 
 compel' compHance with the provisions of this section — such 
 writ to issue in the name of the state at the relation or upon the 
 petition of commission; and the failure to comply with its re- 
 quirements shall be punishable as for contempt, and shall make 
 said corporation liable to a penalty of $500 for each day's failure 
 to comply therewith; and when such writ of mandamus shall be 
 applied for, no bond shall be required. Same. 
 See also par. i8y8. 
 
 KANSAS All railroads shall furnish commission copies of 
 
 all their schedules of rates, charges and classifications of freight, 
 joint tariffs, and divisions of rates, and shall, in addition thereto, 
 furnish commission with copies of all rules and regulations con- 
 cerning the switching or transfer of freight and cars, and of rules 
 providing charges therefor, and copies of all rules, orders or 
 
 1464 schedules fixing or providing for mileage, per diem, demurrage or 
 storage charges, or for use of cars, loaded or empty, and of printed 
 rules governing the action of employes in operating trains en- 
 gaged in switching, passenger or freight traffic; and upon the 
 adoption of any new clas ification, schedule of rates, rules or 
 orders by any such railroad company, it shall within ten days 
 thereafter furnish commission with copies thereof. Gen. Stats. 
 igog, sec. 7174. 
 
 Failure of any railroad company to furnish any of the things 
 above provided within the time specified, shall subject such rail- 
 
 1465 road company to a fine of not less than $100 nor more than 
 $1,000 for each day that such fai'ure and neglect shall continue, 
 and each day of such continuance shall constitute a separate 
 offense. Same. 
 
 Every public utility and every common carrier shall publish 
 and file with commission copies of all schedules of rates, joint 
 rates, tolls, fares, charges, classifications and divisions of rates 
 affecting Kansas traffic, either state or interstate, and shall fur- 
 nish commission with copies of all rules, regulations and con- 
 
 1466 tracts between common carriers or public utilities pertaining to 
 any and all services to be rendered by such public utility or com- 
 mon carrier. Commission may prescribe reasonable rules and 
 regulations regarding the printing and filing of all schedules, 
 tariffs, and classifications of all rates, joint rates, tolls, fares, 
 charges and all rules and regulations of such public utilities and 
 common carriers. Laws igii, ch. 2j8, sec. 11. 
 
 374 
 
KENTUCKY All railroad companies doing business in this 
 
 state upon lines owned or leased by them shall, within 30 days 
 after this act goes into effect, furnish commission copies of all 
 
 1467 their rates and tariffs then in force; and shall also furnish com- 
 mission with copies of all rates and tariffs, or changes therein, 
 thereafter made, at the date that the same are issued. Car- 
 rolVs Stats, igog, sec. y8i. 
 
 MARYLAND Every common carrier shall file with commis- 
 
 sion and shall print and keep open to public inspection, schedules 
 showing the rates, fares and charges for the transportation of 
 passengers and property within the state between each point 
 upon its route and all other points thereon; and between each 
 point upon its route, and all points upon every route leased, oper- 
 ated or controlled by it; and between each point on its route or 
 
 1468 upon any route leased, operated or controlled by it, and all points 
 upon the route of any other common carrier, whenever a through 
 route and joint rate shall have been established or ordered be- 
 tween any two such points. If no joint rate over the through 
 route has been established, the several carriers in such through 
 route shall file, print and keep open to public inspection, the 
 separately established rates, fares and charges applied to the 
 through transportation. Laws igio, ch. 180, sec. 15. 
 
 See also pars. 723, 1540. 
 
 MICHIGAN Every common carrier shall file with com- 
 
 mission and print and keep open to public inspection in each of 
 its depots and offices, schedules showing all rates, fares and 
 charges for transportation, both of passengers and property, be- 
 tween different points on its own route, and between points on 
 
 1469 its own route and on the route of any other carrier, when a 
 through route and joint rate have been established. If no joint 
 rate over the through route has been established, the several car- 
 riers in such through route shall file, print and keep open to public 
 inspection the separately established rates, fares and charges 
 applied to the through transportation. Puh. Acts igii, no. ijg, 
 sec. io{a). 
 
 Every common carrier shall within 90 days unless further 
 time be granted by commission, file in the office of commission 
 
 1470 copies of all schedules of rates, including joint rates in force on its 
 line or lines between points within the state on the date this act 
 takes effect, not previously filed by such carrier with commission. 
 Same, sec. io(i). 
 
 375 
 
Any freight tariffs issued by common carriers relating to in- 
 terstate traffic in this state or by any common carrier relating 
 L471 either to interstate or to intrastate traffic wholly by water routes 
 in this state shall be on order of commission filed in the office of 
 commission within such time as such order shall prescribe. 
 Puh. Acts igog, no. joo, sec. ji. 
 
 It shall be the duty of each telephone company to file with 
 commission a copy of each schedule. It shall be unlawful for any 
 
 1472 telephone company to neglect or refuse to have such schedule 
 on file or to neglect or refuse to file a copy of same with com- 
 mission. Pub. Acts igii, no. ij8, sec. ig. 
 
 See also pars. 1542, 2132. 
 
 MINNESOTA Every railroad company shall file with commis- 
 
 1473 sion copies of schedules and shall promptly notify commission of 
 all proposed changes therein. Rev. Laws igo^, sec. 2014. 
 
 Copies of all joint schedules of rates, fares or classifications 
 
 1474 shall also be filed with commission and be made public in the 
 same manner as provided for the publication of tariffs. Same. 
 
 MISSOURI Copies of the schedules, also of rules and 
 
 regulations, if any, shall be filed with commission, and from the 
 date of such filing the rates, fares and charges specified in such 
 
 1476 schedules, not being in excess of any statutory maximum rates 
 now or that may hereafter be in force, shall be deemed the es- 
 tablished rates, fares and charges of carriers until the same is 
 changed as provided by law. Rev. Stats, igog, sec. jiSy. 
 
 In all cases where freight passes over continuous lines or 
 routes within this state, operated by more than one common car- 
 rier, and the several common carriers operating such line or 
 
 1476 routes establish joint rates, fares or charges for such continuous 
 lines or routes, copies of joint tariffs shall be filed with commis- 
 sion and shall be published in such manner as may be directed by 
 commission. SamCy sec. 3188. 
 
 All railroad companies doing business in the state shall upon 
 the request of commission furnish to commission copies of all its 
 
 1477 schedules of freight rates and charges, and all other papers and 
 documents including bills of lading and contracts for transporta- 
 tion of freight affecting in any way the transportation of freight 
 within, into and from the state. Same, sec. 3252. 
 
 Within 60 days after this article shall become a law, all ex- 
 press companies or corporations doing an express carrying 
 business over any of the railroads now operated, and which may 
 
 376. 
 
hereafter be operated in the state shall be and are required to file 
 with commission a complete and specific schedule of their class- 
 ifications of all matters and merchandise received by them for 
 carriage and transportation, together with a detailed statement 
 of their rates of charges in each of the classes into which their 
 
 1478 freight and express matter is divided; and if there be any rules or 
 regulations which change, determine or affect any part of the 
 aggregate of such rates and charges, such rules and regulations 
 shall accompany such schedule; and if any two or more of such 
 express companies doing business in this state have joint rules and 
 regulations and charges for the exchange of articles of express or 
 other matter so carried by them, the said rules and regulations 
 and schedule of charges shall also be filed with commission 
 within the time specified above. Same, sec. 328'/. 
 
 See also pars, 8oq, 188 i. 
 
 NEBRASKA All common carriers shall file with commission all 
 freight and passenger schedules, classifications, rates, tariffs, and 
 charges used by said common carrier and in effect on January i, 
 1907; both state, interstate and proportional charges. Any 
 
 1479 common carrier who shall fail, neglect or refuse to file the sched- 
 viles, classifications, rates, tariffs and charges as provided herein 
 shall be guilty of a misdemeanor and for each offense shall be 
 fined in a sirni not to exceed $25,000. Cobhey^s Annot. Stats, 
 igog, sec. 10653. 
 
 If passengers and freight pass over continuous lines or routes 
 in this state, operated by more than one railway company or 
 common carrier, and the several companies or carriers operating 
 such lines or routes have established joint tariffs, the same shall 
 be filed with commission. Said joint rates, fares, and charges on 
 such continuous lines shall be made public by said railway com- 
 panies or common carriers when directed by commission, in so 
 far as in the judgment of commission may be practicable, and 
 
 1480 commission shall also from time to time prescribe the measure 
 of publicity which shall be given to any joint rates, fares, and 
 charges, or to such part thereof as it may think practicable for 
 such railway companies or common carriers to publish, and the 
 places in which they shall be published. No railway company or 
 common carrier, party to any such joint tariff, shall be liable for 
 the failure of any other party thereto to observe and adhere to the 
 rates, fares or charges thus made and published. Same, sec. 
 106 56 {a). 
 
 Also a provision substantially identical with par. 1463, ex- 
 
 377 
 
1481 cept that the amount of the penalty imposed is $i,ooo instead 
 of $500. Same, sec. io6j6(b). 
 
 All express companies shall file with commission a complete 
 schedule of the rates and classifications charged for the trans- 
 
 1482 portation of money or merchandise within this state by such 
 company, which was in force on the first day of January, 1907. 
 Same, sec. iigyo. 
 
 NEVADA Every railroad shall print in plain type, and 
 
 file with commission within a time fixed b}^ commission, schedules 
 which shall be open to public inspection, showing all rates, fares 
 and charges for the transportation of passengers and property, 
 
 1483 and any service in connection therewith, which it has estab- 
 lished and which are in force at the time between all points in this 
 state upon its line, or any line controlled or operated by it, and the 
 rates, fares and charges shown on such schedules as are in effect 
 at the date this act takes effect. Stats, igoy, ch. 44, sec. 4. 
 
 When passengers or property are transported over connecting 
 lines in this state operated by more than one railroad and the 
 several railroads operating such lines establish joint rates, fares 
 
 1484 and charges, a schedule of joint rates shall also in like manner be 
 printed and filed with commission, and in every depot, station 
 and office of such railroads where such passengers or property are 
 received for transportation. Same. 
 
 Every railroad shall file in the office of commission copies of 
 
 1485 all schedules of rates, including joint rates in force on its line or 
 lines, between points within this state on the date this act takes 
 effect. Same, sec. j6. 
 
 See also par. 2152. 
 
 NEW HAMPSHIRE Every railroad corporation and public utility 
 shall file with commission and shall print and keep open to public 
 inspection, schedules showing the rates, fares, charges and prices 
 
 1486 for the transportation of passengers and property or for any serv- 
 ice rendered or to be rendered in such places, within such time 
 and in such form and with such detail as commission may 
 order. Laws igii, ch. 164, sec. y(a). 
 
 In the case of railroad corporations and public utilities 
 subject to regulation by the interstate commerce commission, 
 the requirements relative to the filing of schedules with com- 
 
 1487 mission and to the publication thereof shall conform as nearly 
 as may be to the requirements of the interstate commerce com- 
 mission under the provisions of the act of congress entitled, "An 
 
 378 
 
act to regulate commerce," and the acts amendatory thereof 
 and supplementary thereto. Same, sec. y{h). 
 
 NEW JERSEY Commission may require every public utility 
 
 to file with it complete schedules of every classification employed 
 
 1488 and of every individual or joint rate, toll, fare or charge made, 
 charged or exacted by it for any product supplied or service 
 rendered within this state, as specified in such requirement. 
 Laws igii, ch. ig^, sec. i6(d). 
 
 NEW MEXICO Every transportation, transmission company 
 
 or common carrier engaged in transportation of passengers and 
 property from points in this state to points within, or beyond its 
 limits, and from points in other states to points in this state, and 
 every such interstate company or common carrier shall file with 
 commission and shall print and keep open to the public inspection 
 schedules showing the rates, fares, charges and classification for 
 the transportation of persons and property within the state be- 
 tween each point upon its route and all other points thereon ; and 
 
 1489 between each point upon its route and all points upon every other 
 route leased, operated and controlled by it, and between each 
 point on its route of any other common carrier, whenever a 
 through route and joint rate shall have been established or 
 ordered between any two such points. If no joint rate over a 
 through route has been established, the several carriers in such 
 through route shall file, print and keep open to the public in- 
 
 . spection the separately established rates, fares, charges and 
 classifications, applied to the through transportation. Laws 
 IQI2, ch. y8, sec. i6. 
 See also par. 154'/. 
 
 NEW YORK A provision for common carriers identical with 
 
 1490 par. 1468. Laws igio, ch. 480, sec. 28. 
 
 Before any common carrier shall issue mileage, excursion, 
 school or family commutation, commutation, half fare or any 
 other form of reduced rate passenger tickets, or joint inter- 
 changeable mileage ticket, with special privileges, it shall file with 
 
 1491 commission copies of the tariffs of rates, fares or charges on which 
 such tickets are to be based, together with the specifications of the 
 amoimt of free baggage permitted to be carried under such joint 
 interchangeable mileage ticket, in the same manner as common 
 carriers are required to do with regard to other rates. Same, 
 ^^^- 33(3)> ^s amended by Laws igii, ch. $40. 
 
 379 
 
Commission may require every gas and electrical corpora- 
 tion to file with commission and to print and keep open to public 
 inspection schedules showing all rates and charges made, estab- 
 lished or enforced or to be charged or enforced, all forms of con- 
 
 1492 tract or agreement and all rules and regulations relating to rates, 
 charges or service used or to be used, and all general privileges 
 and facilities granted or allowed by such gas or electrical cor- 
 poration, but this subdivision shall not apply to state, municipal 
 or federal contracts. Same, sec. 66(12). 
 
 Commission may also establish such rules and regulations to 
 
 1493 carry into effect the provisions of this subdivision as it may deem 
 necessary, and to modify or amend such rules or regulations from 
 time to time. Same. 
 
 Every telegraph and every telephone corporation shall 
 print and file with commission schedules showing all rates, 
 rentals and charges for service of each and every kind by or over 
 its line between points in this state and between each point upon 
 its line and all points upon every line leased or operated by it and 
 between each point upon its line or upon any line leased or oper- 
 
 1494 ated by it and all points upon the line of any other telegraph or 
 telephone corporation whenever a through service or joint rate 
 shall have been established between any two points. If no 
 joint rate over a through line has been established the several 
 corporations in such through line shall file with commission the 
 separately established rates and charges applicable where through 
 service is afforded. Same, sec. 92(1). 
 
 See also pars, yji, 1548, 16 jj. 
 
 NORTH DAKOTA Every railroad, railroad corporation or com- 
 mon carrier shall file with commission copies of its schedules of 
 
 1496 rates, fares and charges which have been established and pub- 
 lished in compliance with the requirements of this article, and 
 shall promptly notify commission of all changes made in the 
 same. Rev. Codes 1905, sec. 4342. 
 
 In cases where passengers and freight pass over continuous 
 lines or routes in this state operated by more than one person or 
 company and the several railroads, railroad corporations or com- 
 
 1496 mon carriers operating such lines or routes have established joint 
 tariffs or rates or fares or charges for such continuous lines or 
 routes, copies of such joint tariffs shall also in like manner be 
 filed with commission. Same. 
 
 If any railroad, railroad corporation or common carrier shall 
 neglect or refuse to file or publish its schedules or tariff of rates, 
 
 380 
 
fares and charges or any part of the same it shall in addition to 
 other penalties herein prescribed, be subject to a writ of man- 
 damus to be issued by any district court of this state in the 
 judicial district wherein such offense may be committed. And if 
 such railroad, railroad corporation or common carrier be a foreign 
 corporation then such writ may be issued by any district court in 
 the judicial district where such common carrier accepts traffic and 
 i49'i has an agent to perform such service, to compel compliance with 
 the provisions of this article, and such writ shall issue in the name 
 of the state of North Dakota at the relation or upon the petition 
 of commission; and failure to comply with its requirements shall 
 be punishable as and for a contempt ; and shall make said railroad, 
 railroad corporation or common carrier liable to a penalty of $500 
 for each day's failure to comply therewith, and when any such 
 writ of mandamus shall be so applied for by commission, no bond 
 shall be required of them by any court or judge in which or before 
 whom any such application may be made. Same. 
 See also par. 1882. 
 
 OHIO Each railroad shall print in plain type and file 
 
 with commission, within a time fixed by commission, schedules, 
 which shall be open to public inspection, showing all rates, fares 
 
 1498 and charges for transportation of passengers and property, and 
 any service in connection therewith, which such railroad has es- 
 tablished and which are in force at such time between all points in 
 this state upon its line, or any controlled or operated by it. Code 
 igio, sec. /05. 
 
 When passengers or property are transported over connect- 
 ing lines in this state operated by two or more railroads, and such 
 railroads establish joint rates, fares and charges, a schedule there- 
 
 1499 of, compiled as provided in the preceding section, shall be printed, 
 filed with commission and filed in every depot, station and 
 office of such railroad where passengers or property are received 
 for transportation. Same, sec. ^oj. 
 
 All freight tariffs issued by any railroad relating to inter- 
 
 1600 state traffic in this state shall be filed in the office of commission 
 when issued. Same, sec. 563. 
 
 Every public utility shall print and file with commission 
 within 90 days after this act takes effect, schedules, showing all 
 rates, joint rates, rentals, tolls, classifications and charges for 
 
 1601 service of each and every kind by it rendered or furnished, 
 which were in effect at the time this act takes effect and the length 
 
 381 
 
1502 
 
 1503 
 
 of time the same has been in force, and all rules and regulations] 
 in any manner affecting the same. Laws igii, no. 32 j, sec. 18,] 
 See also pars. yj2, 2iyj. 
 
 OREGON Every railroad shall print in plain type an( 
 
 file with commission within a time to be fixed by commission,] 
 schedules which shall be open to pubHc inspection, showing all| 
 rates, fares and charges for the transportation of passengers andj 
 property, or use of union depot and terminals, and any service inl 
 connection therewith, which it has established and which are in] 
 force at the time between all points in this state upon its line, or] 
 any line controlled or operated by it. Gen. Laws igoj, ch. 55,^ 
 sec. 13. ' 
 
 When passengers or property are transported over con- 
 necting lines in this state operated by more than one railroad, and; 
 the several railroads operating such lines establish joint rates, 
 fares and charges, a schedule of joint rates shall also in like^ 
 manner be printed and filed with commission and kept oil file in ■ 
 every depot, station and office of such railroad where an agent is| 
 maintained. Same. 
 
 All freight tariffs issued by any such railroad relating toi 
 interstate traffic in this state shall be filed in the office of com- 
 mission within 30 days after the passage and publication ofj 
 this act and all such tariffs thereafter issued shall be filed witl|.J 
 commission when issued. Same, sec. 47. 
 
 Every railroad * in this state shall within 30 days afterl 
 the taking effect of this act, file in the office of commissionJ 
 copies of all schedules of rates, including joint sates in force onl 
 its line or lines, between points within this state, on the first day! 
 of January, 1907, and all rates in force between such points at anyj 
 time subsequent to said date. Same, sec. 62. 
 
 Every public utility shall file with commission within a1 
 time to be fixed by commission, schedules which shall be open| 
 to public inspection showing all rates, tolls and charges whichl 
 it has established and which are in force at the time, for anyl 
 service performed by it within the state or for any service in con-| 
 nection therewith or performed by any public utility controlled] 
 or operated by it. Gen. Laws 1911, ch. 2yg, sec. 25. 
 
 Every public utility shall file with and as part of every sucl 
 schedule all rules and regulations that in any manner affect the 
 rates charged or to be charged for any service. Same, sec. 26. 
 
 Every public utility shall also file with commission copies ofj 
 interstate rate schedules and rules and regulations issued by it 01 
 to which it is a party. Same, 
 
 1504 
 
 1505 
 
 1506 
 
 1507 
 
 1508 
 
Where a schedule of joint rates or charges is or may be in 
 force between two or more public utilities, such schedule shall in 
 1609 like manner be printed and filed with the commission and so much 
 thereof as the commission shall deem necessary for the use of the 
 public shall be filed in every such station or office as provided in 
 section 27. Samef sec. 28. 
 
 Every public utility shall, within a time to be fixed by 
 commission, file in the office of commission, copies of all sched- 
 
 1510 ules of rates and charges including joint rates, in force on 
 the first day of January, 191 1, and all rates in force at any time 
 subsequent to said date. Same, sec. 77. 
 
 See also pars. 12^4, 1322, 1325, 2181. 
 
 RHODE ISLAND Identical with par. 1506. Acts igi2, ch. 795, 
 
 1511 sec. 48. 
 
 SOUTH CAROLINA Every railroad corporation shall, at all times 
 on request, furnish commission with the rates of transporting 
 
 1512 freight and passengers upon its road and other roads with which 
 its business is connected. Gen. Stats. igo2, sec. 20J2. 
 
 SOUTH DAKOTA Provisions for common carriers substantially 
 
 1513 identical with pars. 1495, 1496, 1497. Sess. Laws ign, ch. 20J ^ 
 sec. 10. 
 
 On or before July i , each express company doing business in 
 this state shall file with commission a complete schedule of its 
 classifications of property, and the rates and charges for the 
 transportation of money or other property within this state, by 
 
 1514 such company, and its joint rates with other companies, as the 
 same were in force on the first day of January, 1909, and shall on 
 or before July i, 1909, have prepared and put in operation a 
 new schedule of rates as established herein. Sess. Laws igog, ch. 
 ijg, sec. 3. 
 
 Any express company which shall fail, neglect or refuse to 
 make and publish a schedule of its rates as provided herein shall 
 be fined a sum not exceeding $2,000; and each day said company 
 1616 shall fail or refuse to establish the rates provided for herein shall 
 constitute a separate offense; provided that any express company 
 shall be notified of and have an opporttmity to correct any error 
 in a schedule before an action is commenced to recover the fore- 
 going penalty. Same, sec. 7. 
 
 Every telephone company doing business in this state shall 
 file with commission schedules or tariffs showing all rates and 
 charges for the rent of any line or instrument and for the trans- 
 
 383 
 
mission of messages and any service in connection therewith, 
 
 1616 between all points in this state upon its line or any line con- 
 trolled or operated by it, and all rules and regulations that in any 
 manner affect such rates or charges; and thereafter every tele-- 
 phone company shall file with commission a copy of all proposed 
 changes in any schedule of rates or charges, at least 30 days be- 
 fore the same shall take effect. Sess. Laws igii, ch. 218, sec. 4. 
 
 See also par. 1882. 
 
 VERMONT Every railroad corporation shall file with com- 
 
 mission and keep on file in all railroad offices in the state, schedules 
 showing the rates or tariffs charged by such corporation for 
 transportation of passengers and property between the different 
 
 1617 points on its own lines, and between the points on its own lines 
 and those of all other common carriers with which it has a joint 
 rate, and also showing the charge for any and all services of any 
 and all kinds connected with such transportation. Pub. Stats. 
 IQ06, sec. 4533. 
 
 Every company shall file with commission within a time to 
 be fixed by it, schedules which shall be open to public inspection, 
 showing all rates, tolls, and charges which it has established and 
 
 1618 which are in force at the time, including joint rates, for any serv- 
 ice performed, or any product furnished by it, within the state, 
 and as a part thereof shall file the rules and regulations that in 
 any manner affect the tolls or rates charged, or to be charged, for 
 any such service or product. Laws igo8, no. 116, sec. 18. 
 
 VIRGINIA Every transportation company shall submit to 
 
 1619 commission all of its schedules of rates, fares, and charges and of 
 all changes made in the same. Pollard's Code 1904, sec. i2Q4c{8). 
 
 WASHINGTON A provision for common carriers substantially 
 
 1620 identical with par. 1468. Laws 1911, ch. iiy, sec. 14. 
 
 Every common carrier shall print and file or cause to be filed 
 with commission schedules showing the rates, fares, charges and 
 classifications for the transportation of persons and property be- 
 tween all points within the state and all points without the state 
 upon its route, and between each point within the state and all 
 points without the state upon every route leased, operated or 
 
 1621 controlled by it, and between each point upon its route within the 
 state and all points without the state upon the route of any com- 
 mon carrier, whenever a through route and joint rate shall have 
 been established between any two such points. If no joint rate 
 over a through route has been established, the carrier operating 
 
 384 
 
within this state shall print and file with commission the sepa- 
 rately established rates, fares, charges and classifications applied 
 to the through transportation. Same, sec. ly. 
 
 Every gas, electrical and water company and every ware- 
 houseman or wharfinger shall file with commission and shall print 
 and keep open to public inspection schedules in such form as 
 commission may prescribe, showing all rates and charges made, 
 162S established or enforced, or to be charged or enforced, all forms of 
 contract or agreement, all rules and regulations relating to rates, 
 charges or service, used or to be used, and all general privileges 
 and facilities granted or allowed by such gas, electrical or water 
 company or warehouseman or wharfinger. SamCy sees. 27 (gas, 
 electrical and water company), 47 (warehouseman or wharfinger). 
 
 Every telephone and telegraph conipany shall file with com- 
 mission and shall print and keep open to public inspection at such 
 points as commission may designate, schedules showing the rates, 
 tolls, rentals, contracts and charges of such companies for mes- 
 sages, conversations and services rendered and equipment and 
 facilities supplied for messages and services to be performed 
 within the state between each point upon its lines and all other 
 points thereon, and between each point upon its line and all 
 
 1623 points upon every other similar line operated or controlled by it, 
 and between each point on its line or upon any line leased, oper- 
 ated or controlled by it and all points upon the line of any other 
 similar company, whenever a through service and joint rate 
 shall have been established or ordered between any two such 
 points. If no joint rate covering a through service has been es- 
 tablished, the several companies in such through service shall 
 file, print and keep open to pubHc inspection the Sjeparately es- 
 tablished rates, tolls, rentals, contracts and charges applicable for 
 such through service. Same, sec. j6. 
 
 WISCONSIN Provisions substantially identical with pars. 
 
 1502, 1503, 1504, 1506, 1507, 1509. Laws igoj, ch. 362, sees. 
 
 1624 1797-4, lygy-zi. Laws 1907, ch. 499, sees. iy9ym-2y, lygym- 
 28, i797m-3o{i). 
 
 ' Every public utility shall, within 30 days after the pas- 
 sage and publication of this act, file in the office of commission, 
 
 1625 copies of all schedules -of rates and charges including joint rates, 
 in force on the first day of April, 1907, and all rates in force at 
 any time subsequent to said date. Laws 190J, ch. 499, sec. 
 iy9jm-ios{2) 
 
 See also pars. 1282, 1330, 1333, 2224. 
 
 385 
 
B. MATTERS TO BE CONTAINED IN 
 SCHEDULES.! 
 
 UNITED STATES The schediiles printed by any common car- 
 rier shall plainly state the places between which property and 
 passengers will be carried, and shall contain the classification of 
 freight in force, and shall also state separately all terminal 
 
 1526 charges, storage charges, icing charges and all other charges 
 which commission may require, all privileges or facilities granted 
 or allowed and any rules or regulations which in any wise change, 
 affect or determine any part or the aggregate of such rates, fares 
 and charges or the value of the service rendered to the passenger, 
 shipper or consignee. Act to Regulate Commerce, sec. 6. 
 
 The names of the several carriers which are parties to any 
 joint tariff shall be specified therein, and each of the parties 
 thereto, other than the one filing the same, shall file mth com- 
 
 1627 mission such evidence of concurrence therein or acceptance there- 
 of as may be required or approved by commission, and where 
 such evidence of concurrence or acceptance is filed it shall not be 
 necessary for the carriers filing the same to file also copies of the 
 
 ' tariffs in which they are named as parties. Same. 
 
 Commission may reject and refuse to file any schedule that 
 
 1628 is tendered for filing which does not provide and give lawful 
 notice of its effective date, and any schedule so rejected by com- 
 mission shall be void and its use shall be unlawful. Same. 
 
 See also par. ijj8. 
 
 ALABAMA The schedules shall plainly state the places in 
 
 the state on its own line or any line controlled or operated by a 
 
 1629 common carrier and on any line with which a through route and 
 joint rate have been established between which property and 
 passengers will be carried, and shall contain the classification of 
 freight in force. Code igoy, sec. 5521. 
 
 The schedules shall contain all the rules and regulations that 
 in any manner affect the rates or fare to be charged for the trans- 
 portation of passengers and property and all charges for delay 
 1530 in loading or imloading cars, for track and car service or rental 
 and for switching, demurrage, terminal and transfer service and 
 for rendering any other service in connection with the transporta- 
 tion of passengers and property. Same, sec. 5522. 
 
 ARIZONA The schedules printed shall plainly state the 
 
 places between which property and persons will be carried, and 
 
 > See also pars. 1448-1525. 
 
 386 
 
shall also contain the classification of passengers or property in 
 force, and shall also state separately all terminal charges, storage 
 charges, icing charges and all other charges which commission 
 1531 may require to be stated, all privileges or facilities granted or 
 allowed, and all rules or regulations which may in any wise 
 change, affect or determine any part or the aggregate of such 
 rates, fares, charges and classifications, or the value of the serv- 
 ice rendered to the passenger, shipper or consignee. Sess. Laws 
 IQI2, ch. go, sec. 14(0). 
 
 The names of the several public service corporations which 
 
 1632 are parties to any joint tariff, rate, fare, toll, contract, classifi- 
 cation or charge shall be specified in the schedule or schedules 
 showing the same. Same, sec. 16. 
 
 ARKANSAS Schediiles shall state: First, the different kinds 
 
 and classes of property to be carried; second, the different places 
 between which property shall be carried; third, the rate of freight 
 
 1633 or express charges for carriage between such places, and for all 
 services connected with the transportation of such property, from 
 its receipt imtil it is delivered or forwarded. Kirhy^s Digest 1904, 
 sec. 6803. 
 
 CALIFORNIA Identical with pars. 1531, 1532, except that 
 
 1534 ''public utilities " is used instead of '^ public service corporations." 
 Stats, fgii, ist. ex. sess., ch. 14, sees. 14(a), 16. 
 
 COLORADO Substantially identical with par. 1526. Laws 
 
 1536 1 910, sp. sess., ch. 5, sec. 6. 
 
 ILLINOIS Schedules shall include and contain not only 
 
 the rates, fares and charges to be charged, collected or received 
 for the transportation of persons or property between points 
 wholly within the state, but also shall state separately all terminal 
 
 1536 charges, storage charges, icing charges or other charges which 
 
 commission may require, or privileges or facilities granted or 
 
 allowed, and any rules or regiilations which in any wise change, 
 
 affect or determine any part or the aggregate of such rates, fares 
 
 or charges or the value of the services rendered to the passenger, 
 
 shipper or consignee. Revisal igog, ch. 114, sec. ig8. 
 
 See also par. 1570. 
 
 The classification of freights is part of the schedule and must be pub- 
 lished the same as the schedule. St. Louis & C. Ry. Co. vs. Blackwood, 14 III. 
 App. 503- 
 
 INDIANA Every schedule of joint rates filed shall name 
 
 the carriers parties thereto, and the carrier publishing and filing 
 
 387 
 
1637 the same shall procure the concurrence of the connecting carriers 
 thereto and deliver copies thereof to the connecting carriers so 
 named. Acts igii, ch. 225, sec. i. 
 
 Every such carrier shall publish with and as a part of such 
 schedule all rules and regulations that in any manner affect the 
 rates charged or to be charged, for the transportation of passen- 
 gers or property, and all switching, terminal and transfer service, 
 
 1638 or for rendering any other service in connection with the trans- 
 portation of persons or property, and the said carriers, within, 
 such time, shall file with commission copies of all switching tariffs 
 and transfer charges in force at any terminal or jimction point 
 upon its line in this state. Same. 
 
 IOWA The schediiles shall plaiilly state the places 
 
 upon the road of every common carrier between which passengers 
 and property will be carried and shall contain the classifications 
 
 1639 of freight in force upon such road, stating separately any terminal 
 charges and any rules and regulations which in any wise change, 
 affect or determine any part of the aggregate of such rates, fares 
 and charges. Code i8gy, sec. 2128. 
 
 MARYLAND A provision substantially identical with par. 
 
 1640 1531; also a pro\dsion identical with par. 1527. Laws igio, ch,\ 
 180, sec. 15. • 
 
 MICHIGAN • A provision identical with par. 1526, except 
 
 that the following proviso is added : Provided that where loc£ 
 
 1641 switching tariffs are in effect at a competitive point, it shall 
 sufficient if the schedules state that the terminal charges si 
 be subject to the rules of such local switching tariffs. Puh^ 
 Acts igii, no. ijp, sec. io{a). 
 
 1642 Also a provision identical with par. 1527. Same, sec. io{c). 
 
 MINNESOTA Schedules shall plainly state the places between! 
 
 which persons and property will be carried, shall show the class-j 
 ification of freights, a distance tariff, a table of distances between' 
 1648 stations, and shall state, and shall state separately, the terminal 
 charges, and any rules or regulations in any way affecting the 
 Q-ggregate of such rates, fares and charges. Rev. Laws 1905, sec. 
 . 2012, as amended by Laws iQoy, ch. jj/. 
 See also par. 1582, 
 
 MISSOURI Schedules shall contain the classifications of 
 
 freight in force upon any railroad or railroads, and if there be any 
 
 1644 rules or regulations which change, determine or affect any part 
 
 388 
 
of the aggregate of such rates, fares and charges, such rules and 
 regulations shall accompany such schedule. Rev. Stats, igog, 
 sec. jiSy. 
 
 MONTANA See par. 1588. 
 
 NEBRASBLA Identical with par. 1539. Cohhey's Annot. 
 
 1545 Stats. iQog, sec. 10656. 
 
 See par. 1590. 
 
 NEVADA The schedules printed shall plainly state the 
 
 places upon its line or any line controlled or operated by it in 
 the state between which passengers and property will be carried, 
 and there shall be filed therewith the classifications of freight in 
 force. Every railroad shall publish with and as a part of such 
 
 1546 schedvdes all rules and regulations that in any manner affect the 
 rates charged or to be charged for the transportation of passengers 
 or property, also its charges for delay in unloading or loading 
 cars, for track and car service or rental, and for demiurage, 
 switching, terminal or transfer service or for rendering any other 
 service in connection with the transportation of persons or 
 property. Stats, igoy, ch. 44, sec. 4. 
 
 NEW MEXICO A provision substantially identical with par. 
 
 1547 1531; also a provision identical with par. 1527. Laws igi2, 
 ch. y8, sees. 16, 18. 
 
 NEW YORK A provision substantially identical with par. 
 
 1548 1531; also a provision identical with par. 1527. Laws igio, 
 ch. 480, sees. 28 y 3o{i). 
 
 The schedules of telegraph and telephone companies shall 
 plainly state the places between which telephone or telegraph 
 service or both will be rendered, and shall also state separately 
 
 1649 all charges and all privileges or facilities granted or allowed and 
 any rules or regulations or forms of contracts which may in any 
 wise change, affect or determine any part or the aggregate of the 
 rates, rentals or charges for the service rendered. Same, sec. 
 g2{i). 
 
 NORTH DAKOTA A provision for railroads, railroad corpora- 
 
 1650 tions or common carriers substantially identical with par. 1539. 
 Rev. Codes igo^, sec. 433g. 
 
 OHIO Substantially identical with par. 1546. Code 
 
 i»Bi 1910, sec. 506. 
 
 389 
 
OREGON 
 1B6S 55, sec. 13. 
 
 Identical with par. 1 546. Gen. Laws igoy^ ch. 
 
 SOUTH DAKOTA Schedules printed by any common carrier shall 
 plainly state the places between which property, passengers, 
 express, or messages by telephone will be carried and shall con- 
 tain the classification of freight and express in force upon such 
 
 1653 common carrier and shall also state separately all terminal 
 charges, storage charges, icing charges, all privileges or facilities 
 granted or allowed, and any rules or regulations which in any wise 
 change, affect or determine any part or the aggregate of such 
 rates, fares and charges. Sess. Laws igiiy ch. 207, sec. 10. 
 See also par. 160Q. 
 
 VIRGINIA The schedules printed shall plainly state the 
 
 places upon its route between which property and passengers wiU 
 be carried by any transportation company and shall contain the 
 
 1554 classification of freight in force, and shall also state separately 
 the terminal charges, and any rules and regtilations which in any 
 wise change, affect or determine any part or the aggregate of such 
 rates, fares and charges. Pollard's Code, 1^04, sec. I2p4c{^). 
 
 WASHINGTON A provision substantially identical with par. 
 
 1 531; also a provision identical with par. 1527; also a provision 
 
 1565 for interstate rates substantially identical with par. 1531; also 
 a provision substantially identical with par. 1549; also a pro- 
 vision for telephone and telegraph companies identical with par. 
 1527. Laws igii, ch. 117, sees. 14, 16, 17, 36, 38. 
 
 See also par. 1623. 
 
 WISCONSIN Identical with par. 1546. Laws igoj, ch. 362,^ 
 
 1566 sec. iyg7-4. 
 
 C. PUBLICATION AND POSTING OF 
 SCHEDULES.^ 
 
 UNITED STATES Schedules shall be plainly printed in large type] 
 and copies for the use of the public shall be kept posted in twoj 
 public and conspicuous places in every depot, station or officej 
 
 1557 of common carriers where passengers or freight respectively are| 
 received for transportation, in such form that they shall be] 
 accessible to the public and can be conveniently inspected. 
 These provisions shall apply to all traffic transportation andj 
 facilities defined in this act. Act to Regulate Commerce, sec. 6. 
 
 I See also pan. 1448-1525. 
 
Any common carrier receiving freight in the United States to 
 be carried through a foreign coiintry to any place in the United 
 States shall also in like manner print and keep open to public in- 
 spection at every depot or office where such freight is received for 
 shipment, schedules showing the through rates established and 
 charged by such common carrier to all points in the United States 
 
 1558 beyond the foreign coimtry to which it accepts freight for ship- 
 ment; and any freight shipped from the United States through a 
 foreign coimtry into the United States the through rate on which 
 shall not have been made public as required by this provision, 
 shall before it is admitted into the United States from said foreign 
 country, be subject to customs duties as if said freight were of 
 foreign production. Same. 
 
 ALABAMA Copies of schedules shall be kept posted for the 
 
 use of the public in at least two pubHc and conspicuous places 
 
 1559 in, and filed at, every depot, station or office of common carriers 
 where passengers or freight are received for transportation, in 
 such form and place that they shall be accessible to the public 
 and can be conveniently inspected. Code igoj, sec. 5523. 
 
 In lieu of posting and filing its entire schedules at each depot, 
 station or office where passengers and freight are received for 
 transportation, common carriers may file and keep posted at each 
 
 1560 such depot, station or office, schedules of such of its rates, fares 
 and charges as are applicable between such depot, station or 
 office and all other points in the state on its road and on any road 
 controlled or operated by it or with which a through route and 
 joint rate have been established. Same. sec. 5524. 
 
 Any person or corporation operating a railroad who fails 
 
 to post and keep posted at all freight depots the tariff of rates for 
 
 1661 transporting freight, showing general and special rates for each 
 
 class, shall on conviction be fined not less than $20 nor more than 
 
 $100. Same, sec. j6go. 
 
 ARIZONA Subject to such rules and regulations as com- 
 
 mission may prescribe schedules shall be plainly printed in large 
 type and a copy thereof shall be kept by every carrier readily 
 accessible to and for inspection by the public in every station 
 or office of such carrier where passengers or property are re- 
 spectively received for transportation, when such station or 
 
 1562 office is in charge of an agent, and in every station or office of 
 such carrier where passenger tickets or tickets for sleeping, parlor 
 car or other train accommodations are sold, or bills of lading or 
 
 391 
 
way bills or receipts for property are issued. Any or all of such 
 schedules kept as aforesaid shall be immediately produced by 
 such carrier for inspection upon the demand of any person. 
 Sess. Laws ipi2, ch. go, sec. i4{a). 
 
 ARKANSAS All persons or corporations engaged in the 
 
 transportation of passengers or property shall keep posted up at 
 
 1563 every depot imder the control of or in use by such person or cor- 
 poration in a conspicuous place therein, plainly and legibly 
 printed schedules. Kirhy^s Digest, 1904, sec. 6803. 
 
 Such schedules shall be posted at least five days before the 
 
 1664 same shall go into effect and the same shall remain in force until 
 another schedule shall be posted. Same. 
 
 CALIFORNIA Subject to such rules and regulations as com- 
 
 mission may prescribe, schedules shall be plainly printed in large 
 type and a copy thereof shall be kept by every common carrier 
 readily accessible to and for inspection by the public in every 
 
 1666 station or office of such carrier where passenger tickets or tickets 
 for sleeping, parlor car or other train accommodations are sold or 
 bills of lading or way bills or receipts for property are issued. 
 Any or all of such schedules shall be immediately produced by 
 such carrier for inspection upon the demand of any person. 
 Stats, igii, ist. ex. sess., ch. 14, sec. i4{a). 
 
 COLORADO Substantially identical with par. 1557. Laws 
 
 1666 igio, sp. sess. J ch. 5, sec. 6. 
 
 FLORIDA The railroad companies affected shall furnish 
 
 at their own cost and shall put in conspicuous places, the sched- 
 
 1667 ules, rate sheets, etc., adopted by commission according to the 
 rules and regulations made by commission. Gen. Stats. igo6, sec. 
 
 2903- 
 
 GEORGIA Commission may require such publication by 
 
 common carriers in newspapers of towns through which their 
 
 1668 lines extend of their schedules as may be reasonable and which 
 the public convenience demands. Code igii, sec. 2663. 
 
 ILLINOIS When any schedule shall have been made or 
 
 revised commission shall have the same printed by the state 
 printer imder the contract governing state printing, and com- 
 mission shall furnish two copies of said printed schedule to the 
 president, general manager, general superintendent or receiver of 
 each common carrier doing business in the state. And every 
 
 392 
 
1669 such connnon carrier so receiving any such schedule from com- 
 mission shall cause same to be plainly printed and copies for the 
 use of the public shall be kept in every depot, station or office of 
 such carrier where passengers or property respectively are re- 
 ceived for transportation in such form that they shall be accessible 
 to the public and can be conveniently inspected. Revisal iQOQy 
 ch. 114, sec. ig8. 
 
 It shall be the duty of every express company and carrier by 
 express to print in clear and legible type the schedules of rates 
 and charges for the transportation of property, money, parcels, 
 merchandise, packages and other commodities and things from 
 every point in the state on its own line to every other point in the 
 state on its own line or when in connection with any other express 
 company or carrier by express to every other point of such other 
 express company or carrier by express within the state where a 
 
 1670 joint rate has been established, and naming of such points in such 
 schedules, and to post and keep displayed in each office or place of 
 business of such express company or carrier by express within 
 convenient access and for the inspection and use of the public dur- 
 ing customary business hoiirs, such printed schedules of rates 
 and charges and any amendment thereto, and in like manner to 
 post or display any special rules or regulations, also the classifi- 
 cation applying which may be promulgated by them or by order 
 of said commission for the information of shippers. Same, sec. 
 
 370- 
 
 Any express company or carrier by express, or any officer, 
 representative, servant, agent, lessee, trustee or receiver of such 
 express company or carrier by express, knowingly violating any of 
 the provisions of this section shall upon conviction be fined in any 
 sirni not less than $100 and not more than $500 for the first 
 
 1671 offense; and for the second offense and each subsequent offense 
 shall be fined in any sum not less than $1,000 and not more than 
 $5,000, to be recovered in an action of debt in the name of the 
 people of the state, and there may be several counts joined in the 
 same declaration. Each distinct violation shall be a separate 
 offense and in case of the continuing violation, the violation for 
 each day shall be deemed a separate offense. Same. 
 
 INDIANA A copy of schedules, rules and regulations and 
 
 switching tariff, for the use of the public, shall be filed and kept 
 on file in every depot, station and office of railroads where 
 
 1672 passengers or freight are received for transportation, and where 
 an agent is regularly maintained, and in such form and place 
 
 393 
 
as to be accessible to the public and where they can be con- 
 veniently inspected. Acts igii, ch. 22 j, sec. i. 
 
 IOWA Every common carrier shall print and keep for 
 
 public inspection schedules showing the rates, fares and charges 
 
 1673 for the transportation of passengers and property which it has 
 established and which are in force at the time on its railroad. 
 Code iSgy, sec. 2128. 
 
 Such schedules shall be plainly printed in large type of at 
 least the size of ordinary pica, and a copy for the use of the public 
 
 1674 shall be kept in every freight office and passenger station on such 
 road where it can be conveniently inspected; and it shall keep a 
 printed notice posted in every such freight office and passenger 
 station indicating where therein the same can be found. Same. 
 
 Joint rates, fares or charges on continuous lines shall be made 
 public by common carriers when directed by commission in so far 
 as in its judgment may be practical, and it shall from time to 
 time prescribe the measvire of publicity which shall be given to 
 1676 such rates, fares and charges or to such part thereof as it may 
 think practicable for such common carriers to pubHsh and the 
 places in which they are to be published; but no common carrier 
 party to any such joint tariff shall be liable for the failure of any 
 other party thereto to observe and adhere to the rates, fares or 
 charges thus made and published. Same. 
 
 A printed copy of the schedules revised by commission shall 
 
 1676 be conspicuously posted by common carriers in each freight office 
 and passenger depot upon all lines affected thereby. Same, 
 sec. 2ij8. 
 
 Every company or common carrier engaged in transporting 
 property, money, parcels, merchandise, packages and other 
 things shall print in clear and legible type -the schedules of rates 
 for transportation of such property, money, parcels, mer- 
 chandise, packages and other things so made by commission, and 
 shall post in each of its offices or places of business where patrons 
 
 1677 visit for the purpose of making and receiving shipments, and keep 
 displayed in each office or place of business within convenient 
 access and for the inspection and use of the public during cus- 
 tomary business hours such printed schedule of rates of charges 
 and amendments thereto, and shall also post and display in 
 similar manner any special rules and regulations which may be 
 promulgated by them or commission for the information of their 
 patrons. Same, sec. 2i6sd. 
 
 394 
 
KANSAS The rules prescribed by commission and de- 
 
 livered in writing to any person, firm, association or corporation 
 engaged in the business of transporting oil by means of pipe lines 
 
 1678 shall be printed and posted up in a convenient, accessible and 
 conspicuous place at each office, station or place of business 
 where such oil is received or delivered. Gen. Stats, igog, sec, 
 
 3964- 
 
 See also par. 7^5. 
 
 MARYLAND Schedules shall be plainly printed; copies 
 
 thereof for the use of the public shall be kept posted in public and 
 conspicuous places in depots, stations and offices of every com- 
 
 1579 mon carrier where passengers or property are received for trans- 
 portation in such manner as to be readily accessible to and con- 
 veniently inspected by the public wherever and whenever so 
 ordered by commission. Laws igio, ch. 180, sec. 15. 
 
 MICHIGAN Schedules shall be printed plainly in large type, 
 
 and copies for the use of the public shall be kept on file for public 
 inspection in every depot, station or office of common carriers 
 
 1680 where passengers or freight respectively are received for trans- 
 portation or where tickets are sold, in such form that they will 
 be accessible to the pubHc and can conveniently be inspected. 
 These provisions shall apply to all traffic and transportation 
 facilities defined in this act. Pub. Acts igii, no. jjp, sec. io{a). 
 
 Each telephone company within the state shall have on file 
 and accessible to the public in its particular place of doing busi- 
 ness, a schedule of the rates, charges and tolls made, charged or 
 collected by said company for service rendered, furnished or per- 
 
 1681 formed and for joint services rendered, furnished or performed 
 and at its exchange or toll station, a schedule of the rates, charges 
 and tolls, made, charged, or collected by said company for serv- 
 ices rendered, furnished or performed and for joint service ren- 
 dered, furnished or performed in connection with such exchange 
 or toll station. Pub. Acts igii, no. ij8, sec. ig. 
 
 MINNESOTA Every company shall keep at every station or 
 
 depot on its road convenient for and open to public inspection, 
 
 1682 schedules printed in large tjrpe showing all classifications, rates, 
 fares and charges for transportation of freight and passengers in 
 force at the time upon its road. Rev. Laws igoj, sec. 2012. 
 
 Every such company shall keep posted in a conspicuous 
 
 1683 place at every such station accessible to shippers, notice that 
 such schedules are so kept thereat. Same. 
 
 S$e also par. g^y. 
 
 395 
 
MISSISSIPPI Commission shall prescribe the mamier and 
 
 designate the place of posting the tariffs of charges; and every 
 railroad shall post within ten days after approval and keep posted 
 in the manner and at a place designated by commission at each 
 
 1684 of its depots, its tariffs of charges for the transportation of pas- 
 sengers and freight including joint charges with all connecting 
 lines if so ordered together with commission's certificate of ap- 
 proval and all classification notices and orders promulgated 
 by commission and directed to be posted. Code igo6, as amended, 
 sec. 4846. 
 
 MISSOURI Every common carrier shall print and keep for 
 
 public inspection schediiles showing the rates for freight which 
 such carrier has established and which are in force at the time 
 
 1686 upon the railroad or railroads operated by it. Copies of such 
 schedules and also all rules and regulations, if any, shall be kept 
 posted in every depot or station upon such road in such place 
 where the same can be conveniently inspected by every person 
 interested in the same. Rev. Stats, igog, sec. 31SJ. 
 
 The manager of every public warehouse or public elevator 
 shall be required within 30 days after the passage of this article 
 and diiring the first week in January of each year thereafter, to 
 
 1686 publish in one or more of the newspapers published in the 
 vicinity in which such warehouse or elevator is situated, a schedule 
 of rates for the transferring, handliag or storing of grain in his 
 warehouse or elevator during the enstdng year. Same, sec. 6yg4. 
 
 See also par. 8og. / 
 
 MONTANA When any schedules shall have been made or 
 
 revised it shall be the duty of commission to cause notice thereof 
 to be published for two successive weeks in some newspaper pub- 
 lished in the city of Helena, which notice shall state the date of 
 
 1687 taking effect of such schedule and such schedule shall take ef- 
 fect at the time so stated in such notice, and a printed notice of 
 such schedule shall be conspicuously posted by such common 
 carrier in each freight office and passenger depot upon its lines. 
 Rev. Codes igoy, sec. 43yg. 
 
 Each railroad shall display in a conspicuous place in each of 
 
 1688 its stations in the state a schedule printed in plain legible English 
 type showing all classifications and rates fixed and established by 
 commission. Same. 
 
 Any failure or refusal on the part of any railroad to comply 
 I68» with the provisions of this section shall subject such railroad to a 
 
penalty of not less than $ioo nor more than $500 for each day 
 that such failure or neglect is continued. Same. 
 
 NEBRASKA. Every railway company or common carrier 
 
 shall print and keep for public inspection, schedules showing the 
 
 1690 rates, fares and charges for the transportation of passengers and 
 freight which have been fixed and established and which are in 
 force at the time upon its railroad or railroads. Cobbey's Annot. 
 Stats. igoQj sec. 10656. 
 
 Said schedules are to be plainly printed in large type of at 
 least the size of ordinary pica, and a copy for the use of the 
 public shall be kept in every freight office and passenger station 
 
 1591 on such road where it can be conveniently inspected, and such 
 railway company or common carrier shall keep a printed notice 
 posted in every such freight office and passenger station, indi- 
 cating where therein the same can be foimd. Same. 
 
 Said schedtiles shall have printed at the top thereof in black 
 faced type the words ''Schedule A," ''Schediile B," etc., and 
 shall also have printed thereon immediately following said words 
 the date when such schediile or schedules went into effect, and 
 when commission have revised, annulled or modified any rate or 
 
 1692 rates in said schedules so designated, said railway company or 
 common carrier shall prepare another schedule showing the rate 
 or rates so annulled, revised or modified iand the classification 
 thereof, which shall be designated by printed words at the top 
 thereof as ''Supplemental Schedule A," etc., and when the rate 
 or rates therein set forth are in force and effect. Same. 
 
 NEVADA Copies of schediiles shall be printed in plain 
 
 large type at least the size of ordinary pica and shall be kept 
 plainly posted for public inspection in at least two places in every 
 depot where freights are received or delivered, and no such 
 schedule shall be changed in any particular except by the sub- 
 
 1693 stitution of another schedule containing the substitutions above 
 required, which substitute schedule shall plainly state the time 
 when it shall go into effect and copies of which printed as aforesaid 
 shall be posted as above provided at least five days before the 
 same shall go into effect and shall remain in full force imtil an- 
 other schedule shall be substituted. Comp. Laws igoo, sec. 10 j6. 
 
 Two copies of schedules for the use of the public shall be 
 filed and kept on file in every depot, station and office of railroads 
 
 1694 where passengers or freight are received for transportation in such 
 form and place as to be accessible to the public and where'they 
 can be conveniently inspected. Stats, igoy^ ch. 44^ sec, 4. 
 
 397 
 
NEW YORK Schedules shall be plainly printed in large type 
 
 and a copy thereof shall be kept by every carrier readily ac- 
 cessible to and for convenient inspection by the public in every 
 station or office of such carrier where passengers or property are 
 respectively received for transportation when such station or 
 
 1696 office is in charge of an agent, and in every station or office of 
 such carrier where passenger tickets for transportation or tickets 
 covering sleeping or parlor car or other train accommodation are 
 sold or bills of lading or receipts for property are issued. All or 
 any of such schedules kept as aforesaid shaU be immediately pro- 
 duced by such carrier for such inspection upon the demand of any 
 person. Laws igio, ch. 480^ sec. 28. 
 
 Telegraph or telephone corporation schedules shall be 
 
 1696 plainly printed and kept open to public inspection. Same, sec. 
 92 {i). 
 
 See also pars. 1635, 1637. 
 
 NORTH CAROLINA Commission shall publish the rates or a sum- 
 mary thereof of common carriers in some convenient form for the 
 
 1697 information of the public, and quarterly thereafter the changes 
 made in such schedules if they deem it advisable. PelVs Re- 
 visal igo8, sec. nog. 
 
 NORTH DAKOTA Provisions for railroads, railroad corporations 
 or common carriers substantially identical with pars. 1573, 1574, 
 1575, 1576, except that ''shall be kept in every freight office and 
 
 1698 passenger station (depot) " reads ''shall be kept in every freight, 
 express or receiving office or passenger station (depot). '* Rev. 
 Codes igo5, sees. 433g, 4342, 4343^ as amended hy Laws igiit 
 ch. 255y sec. 2. 
 
 OHIO Two copies of schedules, in such form and place 
 
 as to be accessible for inspection by the public, shall be filed and 
 
 1699 kept on file in every depot, station and office of all railroads 
 where passengers or freight are received for transportation. 
 Code igio, sec. 506. 
 
 The schedules of every public utility shall be plainly printed 
 and kept open to public inspection. Commission may establish 
 rules and regulations for keeping such schedules open to public 
 inspection, and may, from time to time, modify the same. A 
 1600 copy of such schedules or so much thereof as commission may 
 deem necessary for the use and information of the public, shall be 
 printed in plain type and kept on file or posted in such places and 
 
 398 
 
in such manner as commission may order. Laws igii, no. j^j, 
 sec. i8. 
 
 OKLAHOMA In order to ascertain what the regvdar charges 
 
 of such companies are, all railroad, express, telegraph and tele- 
 
 1601 phone companies doing business in the state are required to keep 
 in all their offices in the state a schedule of the regular rates 
 charged by them, which shall be open to the inspection of any 
 person interested therein. Sess. Laws igo8, ch. ij, art. j, sec. j. 
 
 Any agent of any railroad, express, telegraph or telephone 
 company who shall fail or refuse to show the schedule of rates of 
 said company to any person or persons interested therein, and 
 
 1602 allow him or them to examine the same, as provided in section 3, 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 thereof shall be fined in any sum not less than $100 nor more than 
 $500. Same, sec. 5. 
 
 OREGON Two copies of schedules for the use of the 
 
 public shall be filed and kept on file in every depot, station and 
 
 1603 office of railroads where an agent is maintained, which schedule 
 shall be in such form and place as to be accessible to the public 
 and can be conveniently inspected. Gen. Laws igoy, ch. 55, 
 sec. 13. 
 
 A copy of so much of the schedules of every public utility 
 filed with commission as commission may deera necessary for the 
 use of the public shall be printed in plain type and kept on file in 
 
 1604 every station or office of such public utility where payments are 
 made by the consimiers or users, open to the public in such .form 
 and place as to be readily accessible to the public and as can be 
 conveniently inspected. Gen. Laws 1911, ch. 2yg, sec. 2j. 
 
 PENNSYLVANIA See par. 1642. 
 
 RHODE ISLAND A copy of so much of the schedules filed with 
 commission as commission shall deem necessary for the use of the 
 public shall be printed in plain type or typewritten and kept on 
 
 1605 file in every station or office of such public utiHty where payments 
 are made by the consimiers or users, open to the public in such 
 form and place as to be readily accessible and conveniently in- 
 spected, and as commission may order. Acts igi2, ch. ^gj, sec. 
 48. 
 
 SOUTH CAROLINA When any schedule shall have been made or 
 revised, all railroad companies shall post at all their respective 
 
 1606 stations, a copy of said schedule for the protection of the people. 
 Gen. Stats. igo2, sec. 2ogj. 
 
 399 
 
Any railroad corporation which shall fail to post at any of 
 its stations a copy of the schedule of rates, as provided in this 
 
 1607 section shall be liable to a penalty of $ioo for each and every day 
 in which it shall fail to post such schedule, to be recovered by any 
 citizen who will sue therefor, one-half of such penalty to go to the 
 state, the other half to the citizen suing for the same. Same. 
 
 SOUTH DAKOTA When any schedule shall have been made or re- 
 vised as provided by law, commission shall cause notice thereof 
 to be published for two successive weeks in two public newspapers 
 published, one in the county of Minnehaha and one in the county 
 
 1608 of Lawrence, in the state, which notice shall state the date of the 
 taking effect of said schedule, and said schedule shall -take effect 
 at the time so stated in such notice, and a printed copy of said re- 
 vised schedule shall be conspicuously posted by any common car- 
 rier in each freight office and passenger depot upon its line or 
 lines. Rev. Pol. Code igoj, sec. 450. 
 
 Every common carrier shall print and keep for public in- 
 spection schedules showing the rates, fares and charges for the 
 
 1609 transportation of passengers, property, express and messages by 
 telephone which any such common carrier has established and 
 which are in force at the time upon its lines. Sess. Laws igii, 
 ch. 2oyy sec. 10. 
 
 Such schedules shall be plainly printed in large type of at 
 least the size of ordinary pica and a copy for the use of the public 
 shall be kept in every freight office, passenger station, express 
 
 1610 office and telephone office of such common carrier where it can 
 be conveniently inspected, and such common carrier shall keep a 
 printed notice posted in every such freight office, passenger 
 station, express office and telephone office indicating where 
 therein such schedules can be foimd. Same. 
 
 Joint rates, fares and charges on continuous lines filed with 
 commission shall be made public by common carriers when di- 
 rected by commission, filing in the office of commission correct 
 examined copies of all contracts or agreements existing or here- 
 
 1611 after made affecting any state, interstate, or proportional charge 
 or rate any part of which affects or goes to make up a rate charged 
 in the state; but no common carrier party to such joint tariff 
 shall be liable for the failure of any other common carrier party 
 thereto to observe and adhere to the rates, fares and charges 
 made and published. Same. 
 
 A printed copy of the schedules revised by commission shall 
 I6IS be conspicuously posted by common carriers in each freight 
 
 400 
 
office, passenger depot, express office and telephone office upon 
 their line or lines. Same, sec. 20. 
 
 Copies of all existing schedules shall be posted in every 
 station or exchange of every telephone company within the state 
 and thereafter printed copies of all new schediiles shall be like- 
 
 1613 wise posted in every station of such telephone company within 
 the state 30 days prior to the time the same shall take effect, and 
 shall be accessible for public inspection. Sess. Laws igog, ch, 
 28g, sec. 6, as amended by Sess. Laws igii, ch. 218, sec. 4. 
 
 TENNESSEE Every railway company shall keep a plain in- 
 
 telligible schedule of freight rates and freight classifications from 
 
 1614 all points on its road printed and posted up in a conspicuous 
 place accessible to the public, at every depot on its road. Code 
 igo6, sec. 3062. 
 
 It shall be the duty of railroad companies or other persons 
 operating any railroad in the state to post at each of its depots, 
 1616 all rates, schedules and tariffs for the transportation of passengers 
 and freights made or approved by commission with certificate of 
 approval in some conspicuous place at the depot. Acts iSgy, ch. 
 10, sec. 22. 
 
 TEXAS Each railroad company shall cause schedules of 
 
 rates to be printed in type of a size not less than pica, and shall 
 
 1616 have the same posted up in a conspicuous place at each of its 
 depots so as to be inspected by the public. Sayles^ Civ. Stats. 
 i8g'/, art. 456'/. 
 
 VERMONT Every railroad corporation shall post con- 
 
 spicuously in all its depots, stations and offices in the state, a 
 notice that its schediiles of rates are on file in said offices and can 
 
 1617 be seen on application to the person in charge, and such schedule 
 may be inspected by any person upon application and without 
 the assignment of any reason therefor. Puh. Stats. igo6, sec. 
 
 4533- 
 
 Every express company shall post up in its usual place of 
 business and in the post office and town clerk's office in the 
 towns where it has a place of business, and keep exhibited in a 
 convenient place, in conspicuous letters a printed tariff of charges 
 
 1618 for transportation of goods and chattels between points with 
 which such express company has business or connection. Every 
 telegraph company shall in like manner make known rates of 
 charges for the transmission of telegraphic dispatches. Same, 
 sec. 4865. 
 
 401 
 
Every company shall keep on file in every station or office 
 thereof where pajonents are made by consiimers or users, open to 
 
 1619 the public and in such form and place as to be readily accessible to 
 inspection by the public, a copy printed in plain type of so much 
 of its schedules as commission shall deem necessary. Laws iqo8, 
 no. ii6, sec. ig. 
 
 VIRGINIA Every transportation company shall print and 
 
 keep open to public inspection, schedules showing the rates, fares 
 
 1620 and charges for the transportation of passengers and property 
 which have been established and which are in force at the time 
 upon its route. Pollard^ s Code 1904, sec. I2g4c{^). 
 
 Such schediiles shall be plainly printed in large type and 
 copies for the use of the public shall be posted or exhibited in two 
 
 1621 public and conspicuous places in every depot, station or office of 
 such company where passengers or freight respectively are re- 
 ceived for transportation, and in such form that they shall be 
 accessible to the public and can be convenientlyinspected. Same. 
 
 WASHINGTON A provision identical with par. 1595. Laws 
 
 1622 igii, ch. iiy, sec. 14. 
 
 A schedtde shall be plainly printed in large type and a copy 
 thereof shall be kept by every telephone and telegraph company 
 readily accessible to and for convenient inspection by the public 
 at such places as may be designated by commission, which sched- 
 
 1623 ule shall state the rates charged from such station to every other 
 station on such company's line or on any line controlled and used 
 by it within the state. All or any of such schedules kept as afore- 
 said shall be immediately produced by such telephone or tele- 
 graph company upon the demand of any person. Same, sec. 36. 
 
 WISCONSIN A provision identical with par. 1594; also a 
 
 i62i provision identical with par. 1604. Laws igo^y ch. 362, sec. 
 iygy-4. Laws igoy, ch. 4gg, sec. i'jg'jm~2g. 
 
 D. THE FORMS OF SCHEDULES. 
 
 UNITED STATES Commission may determine and prescribe the 
 form in which the schedules required by this section to be kept 
 
 1626 open to public inspection shall be prepared and arranged and may 
 change the form from time to time if it shall be found expedient. 
 Act to Regulate Commerce, sec. 6. 
 
 402 
 
ALABAMA Commission may prescribe such changes in the 
 
 form in which the schedules shall be issued by common carriers 
 
 1686 as may be found expedient. Acts igog, sp. sess., no. 201, sec, 
 1(5). 
 
 ARIZONA, CALIFORNIA 
 
 The form of every schedule shall be prescribed 
 by commission and shall conform in the case of common car- 
 riers subject to the act entitled "An act to regulate com- 
 1627 merce," approved February 4, 1887, and the acts amendatory 
 thereof and supplementary thereto, as nearly as may be to the 
 form of schedules prescribed by the interstate commerce com- 
 mission under said act. Ariz. — Sess. Laws igi2, ch. go, sec. 
 14(0); Cat. — Stats, igii, ist. ex. sess., ch. 14, sec. i4{a). 
 
 Commission may from time to time in its discretion deter- 
 mine and prescribe by order such changes in the form of the sched- 
 
 1688 ules referred to in this section as it may find expedient, and modify 
 the requirements of any of its orders, rules or regulations in re- 
 spect to any matters in this section referred to. Ariz. — Same, 
 sec. 14(c) ; Cat. — Same, sec. i4{c). 
 
 See also par. 1454. 
 
 COLORADO Commission may determine and prescribe the 
 
 form in which the schedides required by this act to be kept open 
 to the public inspection, shall be prepared and arranged and may 
 
 1689 change the same from time to time as may be deemed expedient, 
 but the form of such schedule shall conform as nearly as practi- 
 cable to the forms required by the interstate commerce commis- 
 sion. Laws igio, sp. sess. ch. 5, sec. 7. 
 
 INDIANA All schedules of rates shall be in such form as 
 
 1630 shall be prescribed by the interstate commerce commission. Acts 
 igii, ch. 225, sec. i. 
 
 MARYLAND The form of every schedtile shall be prescribed 
 
 by commission, and shall conform as nearly as possible to the 
 form of schedules required by the interstate commerce commis- 
 sion under the act of congress entitled "An act to regulate com- 
 
 1681 merce," approved February 4, 1887, as amended by the act 
 approved Jinie 29, 1906, and other amendments thereto. Com- 
 mission shall have power from time to time, at its discretion, to 
 determine and prescribe by order such changes in the form of 
 such schedules as may be found expedient. Laws igio, ch. 180, 
 sec. 15. 
 
 403 
 
MICHIGAN Substantially identical with par. 1629. Pub. 
 
 1632 Acts, 191 1 y no. ijp, sees. io{d), io{e). 
 
 NEVADA Commission may prescribe such changes in the 
 
 form in which the schedules are issued by the railroad as may be 
 
 I6S8 fotind expedient, and such schedules shall, as far as practicable, 
 conform to the forms prescribed by the interstate commerce 
 commission. Stats, igoy, ch. 44, sec. 4(d). 
 
 Each public utility is required to conform its schedule of 
 
 1634 rates, tolls and charges to the classifications of service prescribed 
 by commission for which schedules commission may, when neces- 
 sary, prescribe the forms. Stats, igii, ch. 162, sec. ij. 
 
 NEW HAMPSHIRE See par. i486. 
 
 NEW YORK The form of every schedule shall be prescribed 
 
 by commission and shall conform in the case of railroad corpora- 
 tions as nearly as may be to the form of schedule required by the 
 interstate commerce commission imder the act of congress entitled 
 "An act to regulate commerce" approved February 4, 1887, and 
 the acts amendatory thereof and supplementary thereto. Where 
 any similar schediile is reqiiired by law to be filed with both com- 
 
 1636 missions they shall agree upon an identical form for such sched- 
 ules. Commission may from time to time, in its discretion, deter- 
 mine and prescribe by order such changes in the form of such 
 schedules as may be found expedient, and modify the require- 
 ments of this section in respect to publishing, posting and filing of 
 schedules either in particular instances or by general order ap- 
 plicable to special or peculiar circimistances or conditions. Laws 
 1910, ch. 480, sec. 28. 
 
 Commission may prescribe the form of every schedule of 
 gas and electric corporations and from tine to time prescribe by 
 order such changes in the form thereof as may be deemed wise. 
 1686 Commission may also establish such rules and regulations to carry 
 into effect the provisions of this subdivision as it may deem neces- 
 sary, and modify or amend such rules or regulations from time to 
 time. Same, sec. 66(12). 
 
 Commission may prescribe the form of every telephone and 
 telegraph schedule, and may from time to time prescribe, by 
 
 1637 order, changes in the form thereof. Commission shall also have 
 power to establish rules and regulations for keeping such sched- 
 ules open to public inspection and may from time to time modify 
 the same. Same, sec. 92(1) , 
 
 404 
 
OHIO Commission may prescribe such changes in the 
 
 form in which schedules are issued by a railroad as may be found 
 
 1638 expedient. Such schedules, as far as practicable, shall conform 
 to the forms prescribed by the interstate commerce commission. 
 Code igio, sec. 511. 
 
 Commission may prescribe the form of every schedule, and 
 
 1639 may, from time to time, prescribe, by order, changes in the form 
 thereof. Laws igii, no. 325, sec. 18. 
 
 OREGON Commission may prescribe such changes in the 
 
 1640 form in which the schedules are issued by the railroad as may be 
 found expedient. Gen. Laws igoj, ch. 53, sec. 17. 
 
 Commission may prescribe such changes in the form in which 
 
 1641 the schedules are issued by any public utility as may be found to 
 be expedient. Gen. Laws igii, ch. 2yg, sec. 32. 
 
 PENNSYLVANIA Commission may recommend the form in which 
 schedules or tariffs of rates, fares, charges, and distribution of 
 
 1642 cars shall be posted and published, and make such change or 
 changes therein, from time to time, as shall be found expedient. 
 Laws igoy, no. 250, sec. 14. 
 
 RHODE ISLAND Commission may determine and prescribe the 
 form in which the schedules required by this section to be kept 
 open to public inspection shall be prepared and arranged, pro- 
 
 1643 vided, that with respect to public utilities subject to the federal 
 "act to regulate commerce,'* so called, the form of such sched- 
 ules shall be that from time to time prescribed by the interstate 
 commerce commission. Acts igi2, ch. yg^, sec. 48. 
 
 WASHINGTON The form of every schedule shall be prescribed 
 
 by commission and shall conform in the case of railroad companies 
 as nearly as may be to the form of schedules required by the inter- 
 
 1644 state commerce commission under the act of congress entitled 
 "An act to regulate commerce," approved February 4, 1887, and 
 the acts amendatory thereof and supplementary thereto. Laws 
 igii, ch. iiy, sec. 14. 
 
 WISCONSIN Identical with pars. 1640, 1641. Laws igoj, 
 
 1646 ch. J62, sec. iygy-4{d). Laws igoy, ch. 4gg, sec. iygym-j4. 
 
 405 
 
E. FILING, PUBLISHING AND POSTING 
 OF SCHEDULES AS A CONDITION 
 PRECEDENT TO THE EXERCISE OF 
 THE RIGHT TO DO BUSINESS. 
 
 UNITED STATES No carrier shall engage or participate in the 
 transportation of passengers or property unless the rates, fares 
 
 1646 and charges upon which the same are transported by said carrier 
 have been filed and published in accordance with the provisions 
 of this act. Act to Regulate Commerce, sec. 6. 
 
 Under the interstate commerce act an initial carrier which has become 
 a party to a joint through rate for transportation of property over its own 
 and connecting lines from one point to another cannot accept goods for 
 shipment between the same points via other lines at a less than that pub- 
 lished rate. United States vs. Vacuum Oil Co., 153 Fed. 5g8. 
 
 ARIZONA, CALIFORNIA 
 
 No common carrier shall engage or participate 
 in the transportation of persons or property between points within 
 
 1647 this state imtil its schedules of rates, fares, charges and classifi- 
 cations shall have been filed and published in accordance with the 
 provisions of this act. Ariz. — Sess. Laws igi2, ch. go, sec. 
 iy{a){i); Cat. — Stats, igii, ist. ex. sess., ch. 14, sec. i'/{a){i). 
 
 INDIANA It is hereby declared to be unlawful for any 
 
 carrier to transport any passengers or property between points 
 
 1648 in this state, or to perform any other service as a common carrier 
 i without first having filed with commission, a schedule of the 
 
 rates which it proposes to charge for such service. Acts igoy, 
 ch. 241, sec. g{h). 
 
 It is declared to be imlawful for any carrier to transport any 
 passenger or property between points in the state or to perform 
 any other service as a common carrier without first having filed 
 with commission a schedule of the rates which it proposes to 
 charge for any such service; provided that in special cases where 
 it is necessary for property to be transported or other service as a 
 common carrier to be tendered at once by such carriers, and no 
 rates for the transportation of the same or such other service are 
 applicable thereto and the emergency is such that a rate therefor 
 
 1649 cannot be published and filed according to law, commission may, 
 upon the request of any interested carrier or shipper permit the 
 carrier to transport such property or tender such service upon a 
 rate or rates then determined by commission, or in its discretion 
 commission may permit such transportation or other service, the 
 
 406 
 
rate to be thereafter reasonably adjusted by the shipper and car- 
 rier subject to the approval of commission; provided that said 
 carrier shall as soon as possible after making such request of com- 
 mission, file with it the schedule of rates covering the future trans- 
 portation of such property or such other service performed as a 
 common carrier. Acts igii, ch. 22 j, sec. i{b). 
 
 MARYLAND No common carrier shall after November i, 
 
 1 9 10, engage or participate in the transportation of passengers, 
 
 1650 freight or property between points within the state imtil its sched- 
 ules of rates, fares and charges shall have been filed and published 
 in accordance with the provisions of this act. Laws igio, ch. 180, 
 sec. 16. 
 
 MICHIGAN Identical with par. 1646. Pub. Acts igii, no. 
 
 1661 ijg, sec. io(J). 
 
 SOUTH DAKOTA Every telephone company must before com- 
 mencing to charge, collect or receive any rate or charge for the 
 transmission of any messages or for any service in connection 
 therewith or for the rent of any line or instrument or facility of 
 any kind, file with commission a full, true and correct schedule or 
 tariff showing every such rate or charge and a correct examined 
 copy verified by such telephone company, its officers or author- 
 ized agents of every franchise and license granted to such com- 
 pany by any municipality in this state or assigned to it by any 
 grantee thereof and still remaining in force, as well as a true, full 
 
 1662 and correct copy of any contract or agreement entered into by 
 such company with any municipality, telephone company or com- 
 panies within 20 days after the granting or assignment of such 
 franchise or license, or making of such contract or agreement. 
 Such copies shall be duly certified as full, true and correct by the 
 president, secretary or managing agent of such company. Pro- 
 vided that all filings heretofore made with the board of telephone 
 commissioners as required by chapter 239 of the Session Laws of 
 1907 shall in so far as they meet the requirements of this act be 
 deemed as filed with the board of railroad commissioners at the 
 time of taking effect of this act. Sess. Laws igog, ch. 28g, sec. 4, 
 as amended by Sess. Laws igu, ch. 218, sec. 2, 
 
 See also par. 3i2g, 
 
 407 
 
F. PUBLICITY OF CHANGES BY UTILI- 
 TIES IN RATES AND SCHEDULES. 
 
 UNITED STATES No change shall be made in the rates, fares and 
 charges or joint rates, fares and charges which have been filed and 
 published by any common carrier in compliance with the re- 
 quirements of this section, except after 30 days' notice to com- 
 mission and to the public published as aforesaid, which shall 
 plainly state the changes proposed to be made in the schedule 
 then in force and the time when the changed rates, fares or 
 charges will go into effect; and the proposed changes shall be 
 
 1653 shown by printing new schedules, or shall be plainly indicated 
 upon the schedules in force at the time and kept open to public 
 inspection; provided that commission may, in its discretion and 
 for good cause shown, allow changes upon less than the notice 
 herein specified, or modify the requirements of this section in 
 respect to publishing, posting and filing of tariffs, either in par- 
 ticular instances or by a general order applicable to special or 
 peculiar circtimstances or conditions. Act to Regulate Commerce, 
 sec. 6. 
 
 ALABAMA No change shall be made by any common car- 
 
 rier in the rates, fares and other charges or joint rates, fares and 
 charges, which have been filed and published by it, or which 
 are in force at the time, tmtil the proposed changes have been sub- 
 mitted to and approved by an order of commission. After such 
 
 1664 approval such changes shall, before the same shall become effec- 
 tive, be plainly indicated upon existing schedules or by filing and 
 posting new schedules for a period of ten days prior to the time 
 the same are to take effect; but commission may prescribe a 
 shorter period within which such changes shall take effect. 
 Code igpy, sec. 5525. 
 
 "Whenever a change has been made and approved in any 
 existing schedule of rates, fares and charges, or joint rates, fares 
 and charges, a notice shall be posted by the common carrier in a 
 conspicuous place so as to be accessible to the public and con- 
 
 1666 veniently inspected, in every depot, station or office where pas- 
 sengers or freight are received for transportation, which is af- 
 fected by said change or to which the same is applicable, stating 
 the changes which have been made in the schedtde on file and 
 specifying the class or commodity affected, the change made, 
 and the date when such change shall take affect. Same, sec. $$26, 
 See also par, 8g6. 
 
 4Q8 
 
ARIZONA, CALIFORNIA 
 
 Unless commission otherwise orders no change 
 shall be made by any public service corporation^ in any rate, fare, 
 toll, rental, charge or classification, or in any rule, regulation 
 or contract relating to or affecting any rate, toll, fare, rental, 
 charge, classification or service, or in any privilege or facility, 
 except after 30 days' notice to commission and to the public 
 as herein provided. Such notice shall be given by filing with 
 commission and keeping open for public inspection new schedules 
 stating plainly the change or changes to be made in the schedule 
 or schedules then in force, and the time when the change or 
 changes will go into effect. Commission for good cause shown 
 1666 may allow changes without requiring the 30 days' notice herein 
 provided for, by an order specifying the changes so to be made 
 and the time when they shall take effect, and the manner in 
 which they shall be filed and published. When any change is 
 proposed in any rate, fare, toll, rental, charge or classification 
 or in any form of contract or agreement or in any rule, regula- 
 tion or contract relating to or affecting any rate, toll, fare, rental, 
 charge, classification or service, or in any privilege or facility, 
 attention shall be directed to such change on the schedule filed 
 with commission by some character to be designated by commis- 
 sion, immediately preceding or following the item. Ariz. — Sess. 
 Laws igi2, ch. go, sec. 15; Cat. — Stats, igiiy ist. ex. sess., ch. 
 14, sec. 15. 
 
 COLORADO No change shall be made in the rates, fares 
 
 and charges, or joint rates, fares and charges, which have been 
 filed and published by any common carrier in compliance with 
 the requirements of this act except after 30 days' notice to 
 commission and to the public published as aforesaid, which 
 shall plainly state the changes proposed to be made in the 
 
 1657 schedule then in force and the time when the changed rates, 
 fares or charges will go into effect; provided that commission 
 may in its discretion and for good cause shown, allow changes 
 upon less than the notice herein specified, or modify the require- 
 ments of this act in respect to publishing, posting and filing 
 of tariffs either in particular instances or by a general order 
 applicable to special or peculiar circtmistances or conditions. 
 Laws igio, sp. sess., ch. 5, sec. y. 
 
 ILLINOIS No change in any schedule of rates or charges, 
 
 or classification shall become effective until it has been filed with 
 
 » "Public utility," in California. 
 
 409 
 
commission, and until after five days shall have elapsed between 
 
 1658 the date of filing and the time when such rates are to become 
 effective if the rates are to be reduced, and 30 days if the rates 
 are to be advanced; provided, commission may, in its discretion 
 and for good cause shown, allow changes upon less than the notice 
 herein specified. Revisal iQog, ch. 114, sec. 370. 
 
 INDIANA No change shall be made in any schedules or 
 
 tariffs after the same have been filed, or in any classification of 
 freight, except upon ten days' notice to commission, and all such 
 changes shall be plainly indicated upon the schedule so filed or by 
 filing new schedules in lieu thereof, ten days prior to the time 
 same are to become effective; provided, commission upon appli- 
 
 1659 cation by any carrier, may prescribe a less time within which a 
 reduction in any such rate may be made. Copies of all such 
 new schedules so changing rates shall be filed in every depot at 
 least two days before the same go into effect. All schedules of 
 rates and all rules and regulations for the transportation of 
 passengers and property which shall be adopted by commission, 
 or which shall be ordered observed by any court, shall also be 
 filed in such depots as herein directed. Acts igii, ch. 225, sec. i. 
 
 IOWA No advance shall be made in the rates, fares 
 
 and charges which have been established and published by any 
 common carrier, except after ten days' public notice, which shall 
 plainly state the changes proposed to be made in the schedule 
 then in force at the time and kept for public inspection. Re- 
 
 1660 duction in such published rates, fares or charges may be made 
 without previous public notice, but when made, notice thereof 
 shall be immediately and publicly posted, and such changes 
 made public by printing new schedules, or to be plainly indica- 
 ted, upon the schedules at the time in force and kept for public 
 inspection. Code iSgy, sec. 2128. 
 
 KANSAS Whenever any common carrier or public utility 
 
 shall desire to make any change in any rate, joint rate, toll, 
 charge or classification or schedule of charges, or in any rule or 
 regulation or practice pertaining to the service or rates of any 
 such public utility or common carrier, such public utility or 
 common carrier shall file with commission a schedule showing 
 the changes desired to be made and put in force by such public 
 utility or common carrier, and such changes shall be plainly 
 indicated by proper reference marks in amendments or supple- 
 
 1661 ments to existing tariffs, schedules or classifications, or in new 
 
 410 
 
issues thereof. No change shall be made in any rate, toll, charge 
 or classification or schedule of charges, joint rates, or in any rule 
 or regulation or practice pertaining to the service of rates of any 
 public utility or common carrier, without the consent of commis- 
 sion and within 30 days after such changes have been authorized 
 by commission, then copies of all tariffs, schedules and classi- 
 fications, and all rules and regulations, -shall be filed in every 
 station, office or depot of every public utility and every common 
 carrier in this state, for public inspection. Laws igii, ch. 2j8, 
 sec. 20. A 
 
 MARYLAND Unless commission otherwise orders, no 
 
 change shall be made in any rate, fare or charge, or joint rate» 
 fare or charge, which shall have been filed and published by a 
 common carrier in compliance with the requirements of this act, 
 except after 30 days' notice to commission and publication for 
 30 days, as required by section 25 of this act, which shall plainly 
 state the changes proposed to be made in the schedule then in 
 force, and the time when the changed rate, fare or charge will go 
 
 1662 into effect ; and all proposed changes shall be shown by printing, 
 filing and publishing new schedules, or shall be plainly indicated 
 upon the schedules in force at the time and kept open to public 
 inspection. Commission, for good cause shown, may allow 
 changes in rates without requiring the 30 days' notice and pub- 
 lication herein provided for, by duly filing and publishing in such 
 manner as it may direct, an order specifying the change so made 
 and the time when it shall take effect; all such changes shall be 
 immediately indicated upon its schedules by the common carrier. 
 Laws igiOy ch. 180, sec. 15. 
 
 MICHIGAN No change shall be made in the schedule of 
 
 rates, fares or charges or joint rates, fares or charges which have 
 been filed and published by common carriers in compliance with 
 the requirements of this section, except after ten days' notice to 
 commission and to the public published as aforesaid, which shall 
 plainly state the changes proposed to be made in the schedule 
 of rates, fares or charges or joint rates, fares or charges, then in 
 force and the time when such changed rates, fares or charges or 
 joint rates, fares or charges will go into effect, and no such rates, 
 fares or charges or joint rates, fares or charges shall be discon- 
 tinued except after giving such notice as is required for changing 
 
 1663 rates, fares or charges or joint rates, fares or charges; and the 
 proposed changes in such rates, fares, or charges or joint rates, 
 
 411 
 
fares or charges shall be shown by printing and filing new tariffs 
 thereto or by showing such changes or discontinuance by issuing 
 and filing of supplements in the regular manner now provided 
 and keeping same open to public inspection; provided, that 
 commission may, in its discretion and for good cause shown, 
 allow changes upon less time than the notice herein specified, or 
 modify the requirements in this section in respect to publishing, 
 posting and filing of tariffs, either in particular instances or by a 
 general order applicable to special or peculiar circumstances or 
 conditions. Puh. Acts igii, no. i^g.^ec. io{b). 
 See also par. q4^. 
 
 MINNESOTA No change in the classification shall be made, 
 
 and no change shall be made in the rates, fares and charges, which 
 have been established and published by any common carrier, in 
 compliance with section 2012, except after ten days' public notice, 
 which shall plainly state the changes proposed to be made in the 
 schedules then in force, and the time when the changed 
 schedules will go into effect; and the proposed changes shall be 
 shown by printing new schedtiles, or shall be plainly indicated 
 
 i66i upon the schedules in force at the time and kept for public 
 inspection. And no change shall be made in any schedule of 
 rates or schedule of joint rates which has been in effect for 60 
 days, so as to raise the rates for transportation of grain, limiber, 
 coal or live stock by change of rates or of classification, except 
 upon the written order of commission allowing such change, 
 made upon hearing and such notice to shippers as commission 
 shall direct. Any company violating any provision of this section 
 shall forfeit to the state $100 for each day such violation shall 
 continue. Rev. Laws 1905, sec. 2013. 
 
 All common carriers shall, whenever any new tariff or classi- 
 fication or any amendment to any tariff or classification is pub- 
 lished either by itself or commission, post in a conspicuous place 
 
 1666 in every depot where the public would be affected, a notice printed 
 in large type stating that changes have been made, indicating 
 upon what articles or commodities and where the new tariff 
 classification or amendment may be seen. Acts igo^y ch. ij6, 
 sec. 2. 
 
 MISSOURI No railroad company shall advance its rates 
 
 for carrying freight without having first given at least 20 days' 
 
 1666 notice of such change, by posting the schedule to which it is 
 proposed to change the rates in at least three conspicuous places 
 
 412 
 
on each of the freight and passenger depots belonging to the 
 company proposing the change. Rev. Stats, igog, sec. 3133. 
 
 Any person or company operating a railroad in the state 
 who shall fail to comply with the provisions of the preceding 
 section shall for each offense forfeit $500 to the nse of the common 
 school fund of the cotmty, to be collected by civil action in the 
 
 1667 circuit court of any county through which the road belonging to 
 such person or company may run; such suit may be instituted by 
 any person injured by such violation, or by the prosecuting 
 attorney of the county where the suit is brought. Same, sec. 
 
 3134- 
 
 No advance shall be made in the rates, fares and charges 
 which have been established and published by any common 
 carrier in compliance with the requirements of law, except after 
 ten days' notice which shall plainly state the changes proposed 
 to be made in the schedule then in force, and the time when the 
 increased rates, fares and charges will go into effect; and the pro- 
 posed changes shall be plainly indicated upon the schedules in 
 force at the time, and kept for public inspection in like manner 
 as herein provided. Reductions in such published rates, fares 
 
 1668 and charges may be made without previous public notice, but 
 whenever any such reduction is made, notice of the same shall 
 be immediately publicly posted, and the changes made shall be 
 immediately plainly indicated upon the schedules in force at the 
 time and kept for public inspection, and copies of the schedules 
 containing such changes shall be forthwith filed with commission. 
 Such changed schediiles shall become the established schedules 
 from the date of such public notice imtil changed as herein pro- 
 vided for changing schedules of rates, fares and charges. Same, 
 sec. 318'/. 
 
 NEVADA No change shall be made in any schedule, in- 
 
 cluding schedule of joint rates, or in any classification, except 
 upon 30 days' notice to commission, and all such changes shall 
 be plainly indicated upon existing schedules, or by filing new 
 schedules in lieu thereof 30 days prior to the time the same are 
 
 1669 to take effect ; provided commission upon application of any rail- 
 road, may prescribe a less time within which a reduction may be 
 made. Copies of all new schedules shall be filed in every depot, 
 station and office of such railroad ten days prior to the time the 
 same are to take effect, unless commission shall prescribe a less 
 time. Stats, igoj, ch. 44, sec. 4(a). 
 
 Whenever a change is made in any existing schedule in- 
 
 413 
 
eluding schedule of joint rates, a notice shall be posted by the 
 i«70 railroad in a conspicuous place in every depot, station and office 
 stating that changes have been made in the schedule on file, 
 specif jdng the class or commodity affected and the date when the 
 same will take effect. Same, sec. 4(b). 
 See also par. g8i. 
 
 NEW HAMPSHIRE Unless commission otherwise orders, no change 
 shall be made in any rate, fare, charge or price, which shall have 
 been filed and published by a railroad corporation or public utility 
 
 1671 in compliance with the requirements of this section except after 
 30 days' notice to commission and such notice to the public as 
 commission within ten days after receipt of the notice aforesaid 
 shall direct. Laws igii, ch. 164, sec.'/{h). 
 
 NEW MEXICO Unless commission otherwise orders no change 
 
 shall be made in any classification, rate, fare, charge, rule or reg- 
 ulation which shall have been filed and pubhshed by such company 
 or common carrier in compliance with the preceding section, ex- 
 cept after 30 days' notice to commission and to the public pub- 
 hshed as aforesaid, which shall plainly state the changes proposed 
 
 1672 to be made in the schedule then in force, and the time when the 
 changed rate, classification, fare or charge will go into effect; and 
 all proposed changes shall be shown by printing, filing and pub- 
 lishing new schedules or shall be plainly indicated upon the 
 schedules in force at the time and kept open to public inspection. 
 Commission, for good cause shown, may by order allow changes 
 in rates without requiring the 30 days' notice and the publi- 
 cation herein provided for. Laws 1Q12, ch. ^8, sec. 77. 
 
 NEW YORK A provision for common carriers identical with 
 
 1673 par. 1662. Laws igio, ch. 480, sec. 2g. 
 
 Unless commission otherwise orders, no change shall be 
 made in any rate or charge, or in any form or contract or agree- 
 ment or a"ny rule or regulation relating to any rate, charge or 
 service, or in any general privilege or facility, which shall have 
 been filed and published by a gas or electrical corporation in 
 compliance with an order of commission, except after 30 days' 
 notice to commission and pubUcation for 30 days as required by 
 1S74 order of commission, which shall plainly state the changes pro- 
 posed to be made in the schedule then in force and the time 
 when the change will go into effect. Commission for good cause 
 shown may allow changes without requiring the 30 days' notice 
 under such conditions as it may prescribe. Commission shall 
 
 414 
 
also have power to establish such rules and regulations to carry 
 into effect the provisions of this subdivision as it may deem 
 necessary, and to modify or amend such rules or regulations 
 from time to time. Same, sec. 66(12). 
 
 Unless commission otherwise orders no change shall be made 
 in any rate, charge or rental, or joint rate, charge or rental which 
 shall have been filed by a telegraph or telephone corporation 
 in compliance with the requirements of this chapter, except after 
 30 days' notice to commission, which notice shall plainly state 
 the changes proposed to be made in the schedule then in force 
 and the time when the changed rate, charge or rental shall go 
 1676 into effect; and all proposed changes shall be shown by filing new 
 schedules or shall be plainly indicated upon the schedules filed 
 and in force at the time and kept open to public inspection. 
 Commission, for good cause shown, may allow changes in rates, 
 charges or rentals without requiring the 30 days' notice, under 
 such conditions as it may prescribe; all such changes shall be 
 immediately indicated upon its schedules by such telegraph or 
 telephone corporation. Same, sec. Q2{2). 
 
 NORTH DAKOTA No advance shall be made in the rates, fares 
 and charges which have been established and published by any 
 railroad, railroad corporation or common carrier in compliance 
 with the requirements of this article, except after ten days' no- 
 tice in writing to commission, which shall plainly state the 
 changes proposed to be made in the schedules then in force and 
 the time when the increased rates, fares or charges will go into 
 effect; and the proposed changes shall be shown by printing new 
 
 1676 schedules, or shall be plainly indicated upon the schedules in 
 force at the time and kept for public inspection. Reduction in 
 such published rates, fares or charges may be made without 
 previous notice, but whenever any such reduction is made, notice 
 of the same shall immediately be publicly posted, and the change 
 made shall immediately be made public by printing new sched- 
 ules, or shall immediately be plainly indicated upon the sched- 
 ules at the time in force and kept for public inspection. Rev. 
 Codes 1905, sec. 4340. 
 
 OHIO No change shall be made in any schedule, 
 
 including schedule of joint rates, or in any classification, except 
 upon ten days' notice to commission. All such changes shall be 
 plainly indicated upon existing schedules, or' by filing new sched- 
 
 1677 ules ten days prior to the time they are to take effect, but com- 
 
 415 
 
mission, upon application of any railroad, may prescribe a less 
 time within which a reduction may be made. Copies of all new 
 schedules shall be filed in every depot, station and office of such 
 railroad ten days prior to the time they are to take effect, unless 
 commission shall prescribe a less time. Code igio, sec. 508. 
 
 When a change is made in an existing schedule including 
 schedules of joint rates, the railroad shall post a notice in a con- 
 
 1678 spicuous place in every depot, station and office stating that 
 changes have been made in the schedules on file, specifying the 
 class or commodity affected and the date when such changes 
 will take effect. Samey sec. ^og. 
 
 Unless otherwise ordered by commission, no change shall 
 be made in any rate, joint rate, toll, classification, charge or 
 rental in force at the time this act takes effect, or as shown upon 
 the schedules which shall have been filed by a public utility in 
 compliance with the requirements of this act, or by order of com- 
 mission, except after 30 days' notice to commission, which notice 
 
 1679 shall plainly state the changes proposed to be made in the sched- 
 ule then in force, and the time when the change, rate, charge, 
 toll, classification or rental shall go into effect; and all proposed 
 changes shall be plainly indicated upon existing schedules, or by 
 filing new schedules 30 days prior to the time they are to take 
 effect, but commission may prescribe a less time when they 
 may take effect. Laws igii, no. 325, sec. 22. 
 
 See also par. 1002. 
 
 OREGON Provisions for railroads substantially identical 
 
 1680 with pars. 1677, 1678. Gen. Laws igoy, ch. 53, sees. 14, 75. 
 
 No changeshall be made in any schedule, including schedules 
 of joint rates, except upon ten days' notice to commission, and 
 all such changes shall be plainly indicated upon existing schedules, 
 
 1681 or by filing new schedules in lieu thereof ten days prior to the 
 time the same are to take effect; provided, that commission upon 
 application of any public utility, may prescribe a less time within 
 which a reduction may be made. Gen. Laws igii, . ch. 2yg, 
 sec. 2g. 
 
 Copies of all new schedules shall be filed in every station and 
 
 office of such public utility where pa5mients are made by con- 
 
 I68S sumers or users ten days prior to the time the same are to take 
 
 effect, unless commission shall prescribe a less time. . Same, 
 
 sec. JO. 
 
 See also par. 1012. 
 
 416 
 
RHODE ISLAND No change shall be made in the rates, tolls and 
 charges which have been filed and published by any public 
 utility, in compliance with the requirements of this section, 
 except after 30 days' notice to commission and the public pub- 
 lished as aforesaid, which shall plainly state the changes proposed 
 to be made in the schedule then in force and the time when the 
 
 1683 changed rates, tolls or charges will go into effect; provided, that 
 . commission may in its discretion and for good cause shown, allow 
 
 changes within less time than required by the notice herein speci- 
 fied, or modify the requirements of this section in respect to 
 filing and publishing tariffs either in particular instances or by 
 a general order applicable to special or particular circumstances 
 or conditions. Acts igi2, ch. yg^, sec. 48. 
 
 SOUTH DAKOTA No advance shall be made in the rates, fares 
 and charges or in joint rates, fares and charges, which have been 
 established and published by any common carrier, or established 
 or ordered into effect at the time this act shall take effect by 
 commission in compliance with the requirements of this section, 
 except after 30 days' notice to commission and the public, which 
 shall plainly state the changes proposed to be made in the sched- 
 ules then in force, and the time when the increased rates, fares 
 or charges are desired, and the proposed changes shall be shown 
 by printing new schedules, or shall be plainly indicated upon the 
 
 1684 schedules in force at the time and kept for public inspection . 
 Commission may suspend the proceedings of such application 
 for 90 days after the date fixed for the first hearing, and no change 
 shall go into effect until allowed by commission. Reduction in 
 such published rates, fares or charges may be made without 
 previous public notice, but whenever any such reduction is made 
 immediate notice of the same shall be given to commission and 
 the public posted and published as aforesaid, and the changes 
 made shall immediately be made public by printing new sched- 
 ules, or shall immediately be plainly indicated upon the schedules 
 at the time in force and kept for public inspection. Sess. 
 Laws igii, ch. 207, sec. 10. 
 
 Every telephone company shall file with commission a copy 
 of all proposed changes in any schedule of rates or charges, at 
 
 1685 least 30 days before the same shall take effect. Sess. Laws igog, 
 ch. 28g, sec. 6, as amended by Sess. Laws igii, ch. 218, sec. 4. 
 
 No rate or charge for the transmission of any message or for 
 any other service in connection with any telephone line or ex- 
 
 1686 change shall be increased without the written consent of commis- 
 
 417 
 
sion entered in the journal of its proceedings; provided, that all 
 terminal fees for incoming or outgoing toll messages shall be uni- 
 form.^ Same. 
 
 VERMONT The rates, tariffs and charges scheduled and 
 
 kept in offices shall not be increased, unless notice of the proposed 
 increase is filed with commission and in such offices at least 30 
 
 1687 days prior to the time such increase is to take effect. But com- 
 mission may, for good cause shown, modify the requirements of 
 this section in particular instances, or by a general order applica- 
 ble to special circimistances or conditions. Puh. Stats. igo6, 
 as amended, sec. 4533. 
 
 No change shall be made in any schedules, including sched- 
 ules of joint rates, or in any rules or regulations, except upon 
 ten days' notice to commission; and all such changes shall be 
 plainly indicated upon existing schediiles, or by filing new sched- 
 
 1688 ules in lieu thereof ten days prior to the time the same are to 
 take effect; provided, that commission upon application of any 
 company subject to the provisions of this act, may prescribe a 
 shorter time within which such reduction or change may be 
 made. Laws igo8, no. 116, sec. 18. 
 
 VIRGINIA No advance shall be made in the rates, fares 
 
 and charges which have been established and published, until the 
 same are submitted to and approved by commission, and when 
 so advanced ten days' public notice thereof shall be given, which 
 
 1689 shall plainly state the changes made in the schedule then in force, 
 and the time when the increased rates and fares and charges will 
 go into effect; and the proposed changes shall be shown by print- 
 ing new schedules, or shall be plainly indicated upon the sched- 
 ules in force at the time, and kept open to public inspection. 
 Pollard's Code 1904, sec. i2Q4c{6). 
 
 WASHINGTON Unless commission otherwise orders no change 
 
 shall be made in any classification, rate, fare, charge, rule or 
 regulation which shall have been filed and published by a common 
 carrier in compliance with the preceding section, except after 30 
 days' notice to commission and to the public, which shall plainly 
 state the changes proposed to be made in the schedule then in 
 force, and the time when the changed rate, classification, fare or 
 charge will go into effect; and all proposed changes shall be shown 
 
 »It is further provided that the maximum charge on each incoming or outgoing toll 
 message shall not exceed five cents for any message originating or terminating in South 
 Dakota, unless otherwise ordered by commission. Sess. Laws 1909, ch. 289, sec. 0, as 
 amended by Sess. Lawi 1911, ch. 218, sec. 4* 
 
 418 
 
by printing, filing and publishing new schedules or shall be plainly 
 
 1690 indicated upon the schedules in force at the time and kept open 
 to public inspection. Commission, for good cause shown, may by 
 order allow changes in rates without requiring the 30 days' 
 notice and the publication herein provided for. When 'any 
 change is made in any rate, fare, charge, classification, rule or 
 regulation, the effect of which is to increase any rate, fare or 
 charge then existing, attention shall be directed to such increase 
 by some character on the copy filed with commission imme- 
 diately preceding or following the item in such schedule, such 
 character to be designated by commission. Laws igii, ch. ii'j, 
 sec. 15. 
 
 Unless commission otherwise orders, no change shall be 
 made in any rate or charge or in any form of contract or agree- 
 ment or in any rule or regulation relating to any rate, charge or 
 service, or in any general privilege or facility which shall have 
 been filed and published by a gas, electrical or water company 
 in compliance with the requirements of the preceding section, 
 except after 30 days' notice, which notice shall plainly state the 
 changes proposed to be made in the schedtde then in force and the 
 time when the change will go into effect; all proposed changes 
 shall be shown by printing, filing and publishing new schedules, 
 or shall be plainly indicated upon the schedules in force at the 
 time and kept open to public inspection. Commission for good 
 
 1691 cause shown, may allow changes without requiring the 30 days' 
 notice by duly filing, in such manner as it may direct, an order 
 specifying the changes so to be made and the time when they 
 shall take effect. All such changes shall be immediately in- 
 dicated upon its schedules by the company affected. When any 
 change is made in any rate or charge, form of contract or agree- 
 ment, or any rule or regulation relating to any rate or charge 
 or service, or in any general privilege or .facility, the effect of 
 which is to increase any rate or charge then in existence, atten- 
 tion shall be directed on the copy filed with commission to such 
 increase by some character immediately preceding or following 
 the item in such schedule, such character to be in form as desig- 
 nated by commission. Same, sec. 28. 
 
 Unless commission otherwise orders, no change shall be 
 made in any rate, toll, rental, contract or charge, which shall 
 have been filed and published by any telephone or telegraph 
 company in compliance with the requirements of the preceding 
 section, except after 30 days' notice to commission and the pub- 
 
 419 
 
lication for 30 dajrs as required in the case of original schedules 
 in the preceding section, which notice shall plainly state the 
 changes proposed to be made in the schedule then in force, and 
 the time when the changed rate, toll, contract or charge will go 
 into effect; and all proposed changes shall be shown by printing, 
 filing and publishing new schedules, or shall be plainly indicated 
 
 1692 upon the schedules in force at the time and kept open to public 
 inspection. Commission for good cause shown may allow changes 
 in rates, charges, tolls, rentals or contracts without requiring the 
 30 days' notice and publication herein provided for, by an order 
 specifying the change so to be made, and the time when it shall 
 take effect, and the manner in which the same shall be filed and 
 published. When any change is made in any rate, toll, contract, 
 rental or charge, the effect of which is to increase any rate, toll, 
 rental or charge then existing, attention shall be directed on the 
 copy filed with commission to such increase by some character 
 immediately preceding or following the item in such schedule, 
 which character shall be in such form as commission may des- 
 ignate. Same, sec. 37. 
 
 Unless commission otherwise orders, no change will be made 
 in any rate or charge or in any form of contract or agreement or 
 in any rule or regulation relating to any rate, charge or service, or 
 in any general privilege or facility which shall have been filed and 
 published by the wharfinger or warehouseman in compliance 
 with the requirements of the preceding section, except by 30 
 days' notice to commission and publication for 30 days, which 
 schedule shall plainly state the changes to be made in the sched- 
 
 1693 ule then in force and the time when the change will go into effect ; 
 and all proposed changes shall be shown by printing, filing and 
 publishing new schedules or shall be plainly indicated upon the 
 schedules in force at the time and kept open to the public in- 
 spection. Commission for good cause shown may allow changes 
 without requiring the 30 days' notice by duly filing in such man- 
 ner as it may direct an order specifying the changes so to be made 
 and the time when it shall take effect; all such changes shall be 
 immediately indicated upon its schedule by the warehouseman 
 or wharfinger affected. Same, sec. 48. 
 
 WISCONSIN No change shall be made in any schedule 
 
 including schedule of joint rates, or in any classification, unless 
 such change shall be first approved by commission, and all such 
 changes shall be plainly indicated upon existing schedules, or by 
 filing new schedules in lieu thereof, 30 days prior to the time 
 
 4^ 
 
1694 same are to take effect. Copies of all new schedtiles shall be 
 filed in every depot, station and office of such railroad at places 
 to or from which the rates in such schedules apply, 30 days prior 
 to the time the same are to take effect, unless commission shall 
 prescribe a less time. Laws 1905, ch. 362, sec. lygy-z^ia), as 
 amended by Laws igop, ch. 335 and Laws igii, ch. 160. 
 
 Whenever a change is made in any existing schedule, in- 
 cluding schediile of joint rates, a notice shall be posted by the 
 
 1695 railroad in a conspicuous place in every depot, station and office, 
 stating that changes have been made in the schedules on file, 
 specifying the class or commodity affected and the date when 
 the same will take effect. Laws 1905, ch. 362, sec. lygy-^i})). 
 
 All railroads to which an order applies shall make such 
 changes in their schedule on file as may be necessary to make the 
 
 1696 same conform to said order, and no change shall thereafter be 
 made by any railroad in any such rates, fares or charges, or in 
 any joint rate or rates, without the approval of commission. 
 Same, sec. iygj-i4{b). 
 
 1697 Also provisions for public utilities identical with pars. 1681, 
 1682. Laws igoy, ch. 499, sees. lygym-ji, iy9ym-'32. 
 
 See also pars. 1045, 1054. 
 
 G. INFORMATION AS TO SPECIFIC 
 RATES. 
 
 UNITED STATES If any common carrier after written request 
 made on the agent of such carrier hereinafter referred to by any 
 person or company for a written statement of the rate or charge 
 applicable to a described shipment between stated places imder 
 the schedules or tariffs to which such carrier is a party, shall 
 refuse or omit to give such written statement within a reasonable 
 time or shall misstate in writing the applicable rate, and if the 
 person or company making such request suffers damage in con- 
 
 1698 sequence of such refusal or omission or in consequence of the mis- 
 statement of the rate, either through making the shipment over 
 a line or route for which the proper rate is higher than over 
 another available line or route or through entering into any sale 
 or other contract whereunder such person or company obligates 
 himself or itself to make such shipment of freight at his or its 
 cost, then the said carrier shall be liable to a penalty of $250, 
 which shall accrue to the United States and may be recovered in 
 
 421 
 
1699 
 
 a civil action brought by the United States. Act to Regulate 
 Commerce,^ sec. 6. 
 
 Every carrier by railroad shall keep at all times conspicu- 
 ously posted in every station where freight is received for trans- 
 portation the name of an agent resident in the city, village or 
 town where such station is located to whom application may be 
 made for the information by this section required to be furnished 
 on written request; and in case any carrier shall fail at any time 
 to have such name so posted in any station it shaU be sufficient 
 to address such request in substantially the following form: "The 
 
 Station Agent of the Company at ■ 
 
 Station" together with the name of the proper post office, in- 
 serting the name of the carrier company and of the station in the 
 blanks, and to serve the same by depositing the request so 
 addressed with the postage thereon prepaid in any post office. 
 Same. 
 
 ARIZONA, CALIFORNIA 
 
 A notice printed in bold type and stating that 
 the schedules are on file with the agent and open to inspection 
 by any person and that the agent will assist any person to 
 
 1700 determine from such schedules any rates, fares, rules or regu- 
 lations in force, shall be kept posted by the carrier in two public 
 and conspicuous places in every station or office. Ariz. — Sess. 
 Laws igi2y ch. go, sec. i4{a); Cal. — Stats, igii, ist. ex. sess. , ch. 
 I4y sec. 14(a). 
 
 ILLINOIS Every express company and carrier by express 
 
 shall post and keep displayed in each office or place of business 
 of such express company or carrier by express within convenient 
 access and for the inspection and use of the public during cus- 
 tomary business hours, a printed notice stating that the agent 
 
 1701 will assist any shipper to determine from the schedule on file any 
 rate or fare or rule in force; and every such express company or 
 carrier by express shall quote rates that are lawfully in effect 
 under such schedules in writing when requested and to be re- 
 sponsible for the correctness of the same. Revisal igog, ch. 114, 
 sec. j/o. 
 
 INDIANA Every common carrier doing an intrastate 
 
 business within the state upon written request therefor by any 
 person who is a bona fide prospective shipper or receiver of 
 freight or who has a bona fide interest therein made upon any 
 
 1702 general or local freight or station agent of such carrier by any 
 
 422 
 
person, firm or corporation shall furnish and give a written state- 
 ment of the rate or charge applicable to a described shipment 
 between stated points or places in the state under the schedules 
 or tariffs to which such carrier is a party within a reasonable 
 time. Acts igii, ch. 184, sec. i. 
 
 If such carrier shall refuse or omit to give such statement 
 within a reasonable time or shall misstate in writing the appli- 
 cable rate and if the person, firm or corporation making such re- 
 quest suffers in consequence of such refusal or omission or in 
 consequence of the misstatement of the rate either through mak- 
 ing the shipment over a line or route for which the proper rate is 
 higher than the rate over another available line or route or 
 through entering into any sale, purchase or contract whereunder 
 
 1703 such person, firm or corporation obligates himself, themselves or 
 itself or becomes obligated to make or receive such shipment of 
 freight at his, their or its cost, then the said carrier shall be liable 
 to a penalty of not less than $100 nor more than $250 which shall 
 accrue to the state and be recovered together with the reasonable 
 attorneys' fees in a civil action by commission, and shall also be 
 liable to the person, firm or corporation injured for the amount 
 of such injury together with six per cent, interest thereon from 
 the date of such injury, and reasonable attorneys' fees. Same. 
 
 No such liability shall be discharged by such carrier unless 
 the same be approved by commission as being free from any 
 attempt or purpose to evade any other law of the state; and if 
 during the cotirse of any action upon such liability to the person 
 injured it shall appear to the satisfaction of the coiirt or jury 
 
 1704 trying any such case that the parties have combined or agreed 
 to obtain or allow any imdue advantage or rebate or preference 
 to such injiu-ed person, upon a finding to that effect, such case 
 shall be dismissed and the dismissal and finding reported by said 
 court to commission and to the proper prosecuting attorney 
 having jurisdiction of any offense therein involved. Same. 
 
 Such dismissal shall be taken and deemed a final judgment 
 1706 and appeal may be taken therefrom or from any other judgment 
 in any such case the same as in other civil cases. Same, sec. 2. 
 
 No carrier making any settlement or payment upon the 
 
 approval of commission or pursuant to a judgment or order of 
 
 1706 court imder these provisions shall be liable for any penalty or 
 
 forfeiture or subject to any prosecution under any law of the 
 
 state on account of the said payment or settlement. Same, sec. 3. 
 
 Commission may require from any person, firm or corpora- 
 
 423 
 
tion any information deemed by commission necessary to the 
 determination of the question whether it shall give its approval 
 to any such claim, and if the same be refused by the injured 
 
 1707 person, may decline said claim, and it shall not be sued upon 
 thereafter; if such information be refused or request therefor 
 evaded or the search for information by commission be made 
 difficult by the carrier, commission shall endorse such fact on said 
 claim and it shall thereafter support an action as if approved by 
 commission. Same, sec. 4. 
 
 NEW YORK A notice printed in bold type and stating that 
 
 the schedules are on file with the agent and open to inspection 
 by any person and that the agent will assist any such person to 
 
 1708 determine from such schedule any transportation rates or fares 
 or rules or regulations which are in force, shall be kept posted 
 by the carrier in two public and conspicuous places in every 
 station or office. Laws igio, ch. 480, sec. 28. 
 
 VERMONT The agent or other employe on duty in the 
 
 office shall give any assistance desired in securing information 
 
 1709 from or in interpreting the schedules on file. Pub. Stats. igo6, 
 sec, 4533. 
 
 WASHINGTON A provision identical with par. 1708. Laws 
 
 1710 1911, ch. iijy sec. 14. 
 
 A notice printed in bold type stating that the schedules are 
 on file and open to inspection by any person, the places where 
 same are kept, and that the agent will assist such person to de- 
 
 1711 termine from such schedules any rate, toll, rental, rule or regula- 
 tion which is in force, shall be kept posted by every telephone 
 and telegraph company in a conspicuous place in every station or 
 office of such company. SamCy sec. 36. 
 
 H. FILING OF LEASES, CONTRACTS 
 AND ARRANGEMENTS. 
 
 UNITED STATES Every common carrier shall file with com- 
 mission copies of all contracts, agreements or arrangements 
 
 1712 with other common carriers in relation to any traffic affected by 
 the provisions of this act to which it may be a party. Act to 
 Regulate Commerce, sec. 6. 
 
 ALABAMA Every railroad or common carrier shall file 
 
 with commission within the time to be fixed by commission copies 
 of all contracts which relate to the transportation of persons or 
 
 424 
 
1713 property, or any service in connection therewith made or entered 
 into by it with any other railroad, car company or equipment 
 company, express or transportation company. Code igoy, sec. 
 
 5529- 
 
 Every common carrier shall file with commission, within 30 
 days after any such contract or agreement shall be made, sworn 
 copies of every contract, agreement or arrangement with any 
 other common carrier or railroad corporation and of every spe- 
 cial contract or agreement made with any shipper, or with any 
 
 1714 logging or lumber road, relating in any way to the transportation 
 of passengers, freight or property, and shall within 60 days after 
 the passage of this act, file with commission sworn copies of all 
 such contracts, agreements or arrangements of such character as 
 had been executed and were in force at the time of the passage 
 of this act. Acts igoy, sp. sess., no. 17, sec. 8. 
 
 See also par. 2ggg. 
 
 ARKANSAS See par. 3004. 
 
 ILLINOIS Each and every express company and carrier 
 
 by express shall file with commission certified copies of all con- 
 
 1716 tracts or agreements now existing or hereafter entered into by or 
 between him or it and any other express company or carrier by 
 express or any railroad company or carrier by water operating 
 within the state. Revisal igog, ch. 114, sec. jyi. 
 
 IOWA A provision identical with par. 171 2. Code 
 
 1716 i8gy, sec. 2128. 
 
 KENTUCKY Commission shall not be required to give pub- 
 
 licity to any contracts, leases, or engagements obtained by them 
 
 1717 in their official capacity, if the interest of any company would 
 thereby be injuriously affected, unless in the judgment of com- 
 mission the public interest requires it. CarrolVs Stats, igog, sec. 
 
 831- 
 
 MARYLAND Every common carrier shall file with commis- 
 
 sion sworn copies of every contract, agreement or arrangement 
 
 1718 with any other common carrier or common carriers relatiag in 
 any way to the transportation of passengers, property or freight. 
 Laws igio, ch. 180, sec. 75. 
 
 MASSACHUSETTS Every railroad corporation and street railway 
 company shall, upon request, furnish to commission copies of 
 all leases, contracts and agreements for transportation with 
 express companies or otherwise to which such corporation or 
 
 425 
 
1719 company is a party, and also with the rates for transporting 
 freight and passengers upon its railroad or railway and other 
 railroads or railways with which its business is connected. Acts 
 igo6, ch. 463, pt. i, sec. ij. 
 
 See also par. 341 1. 
 
 MICHIGAN Every common carrier whenever required by 
 
 commission shall within a time to be fixed by commission, de- 
 liver to commission for its use, copies of all contracts which 
 
 1720 relate to the transportation of persons or property or any service 
 in connection therewith made or entered into by it with any other 
 common carrier or any shipper or shippers, producers or con- 
 simiers or other person or persons doing business with it. Puh. 
 Acts igoQ, no. 300, sec. 2g{a). 
 
 MINNESOTA Every company shall file with commission 
 
 1721 copies of all its traffic agreements or arrangements with other 
 carriers. Rev. Laws 1905, sec. 2014. 
 
 MISSISSIPPI Railroads, express, telegraph, telephone and 
 
 sleeping car companies shall furnish commission with copies of all 
 
 1722 leases, contracts and agreements for transportation with each 
 other. Code igo6, sec. 4848. 
 
 See also par. 3013. 
 
 MISSOURI See par. 14J7. 
 
 NEVADA Every railroad, whenever required by com- 
 
 mission, shall, within a time to be fixed by commission, deliver to 
 commission for its use copies of all contracts which relate to the 
 transportation of persons or property, or any service in connec- 
 
 1723 tion therewith made or entered into by it with any other railroad 
 company, terminal company, depot company, equipment com- 
 pany, car company, express or other transportation company, 
 bridge company, or any shipper or shippers, producers or con- 
 simiers, or other persons doing business with it. Stats, igoj^ 
 ch. 44, sec. ip, as amended by Stats, igog, ch. 12 ij sec. 8(b). 
 
 NEW YORK A provision substantially identical with par. 
 
 1724 1 7 18. Laws igio, ch. 480, sec, 30(2). 
 
 Every telegraph and telephone corporation shall file with 
 commission as and when required by it a copy of any contract^ 
 agreement or arrangement in writing with any other telegraph or 
 1726 telephone corporation or with any other corporation, association 
 or person relating in any way to the construction, maintenance or 
 use of a telegraph or telephone line or service by or rates ^4 
 
charges over or upon any such telegraph or telephone line. Same, 
 sec. 92 {i). 
 
 NORTH DAKOTA A provision for railroads, 'railroad corporations 
 
 1726 or common carriers identical with par. 171 2. Rev. Codes igoj, 
 sec. 4342. 
 
 OHIO When required by commission and within a 
 
 time fixed by it, each railroad shall deliver to commission for its 
 use copies of all contracts which relate to the transportation of 
 persons or property or any service in connection therewith, made 
 
 1727 or entered into by such railroad with any other railroad, termi- 
 nal, depot, car or equipment company, express or other trans- 
 portation company, or any shipper or shippers, producers or 
 consumers or other person or persons doing business with it. 
 Code iQio, sec. 561. 
 
 On demand of commission, each railroad shall furnish it 
 copies of all leases, contracts and agreements with express, 
 
 1728 sleeping car, freight or rolling stock companies, or other com- 
 panies doing business upon or in connection with such road. 
 Same, sec. 603. 
 
 Every public utility shall file with commission when and as 
 required by it, a copy of any contract, agreement or arrangement, 
 
 1729 in writing, with any other public utility relating in any way to the 
 construction, maintenance or use of its plant or property, or any 
 service, rate or charge. Laws igii, no. 325, sec. 11. 
 
 OREGON Every railroad, whenever required by commis- 
 
 sion, shall, within a time to be fixed by commission, deliver to 
 commission for its use copies of aU contracts which relate to the 
 
 1730 transportation of persons or property, or any service in connec- 
 tion therewith, made or entered into by it with any other rail- 
 road, car company, equipment company, express or other trans- 
 portation company, or any shipper or shippers, or other person or 
 persons doing business with it. Gen. Laws iQoy, ch. 53, sec. 44. 
 
 PENNSYLVANIA Every common carrier shall, on request, fur- 
 nish to commission copies of aU contracts and agreements, leases, 
 
 1731 or other engagements entered into by it with any person or cor- 
 poration. Laws igoy, no. 250, sec. ig. 
 
 Commission shall not give publicity to such information, 
 
 contracts, agreements, leases, or other engagements, if, in their 
 
 \iz^ judgment, the public interests do not require it, or the welfare and 
 
 4^7 
 
prosperity of the common carriers of the state might be thereby 
 affected. Same. 
 
 RHODE ISLAND See pars. 3777, 3778. 
 
 SOUTH CAROLINA See par. 3019. 
 
 SOUTH DAKOTA Identical with par. 171 2. 
 
 Sess. Laws igiiy 
 
 17S3 ch. 207 y sec, 10. 
 
 See also pars. j6ii, 1652, 3129. 
 
 VIRGINIA Every person or corporation now operating, or 
 
 that may hereafter operate a railroad in this state imder a con- 
 
 1784 tract of lease, shall have the same filed in the office of commission, 
 within 30 days after the contract or lease is executed; or, if here- 
 tofore made, within 30 days after this law goes into effect. Pol- 
 lard's Code 1904, sec. I2g4d{^6). 
 
 WASHINGTON Every common carrier shall file with commis- 
 
 sion copies of every contract, agreement or arrangement with any 
 
 1735 other common carrier or common carriers relating in any way to 
 the transportation of persons or property. Laws igiiy ch. 117^ 
 sec. 16. 
 
 1786 Also a provision substantially identical with par. 1725. 
 SamCy sec. 39. 
 
 WISCONSIN Identical with par. 1730. Laws 190 j, ch. 362, 
 
 1787 sec. 1797-19, as amended hy Laws 1907, ch. 582. 
 
 See also par. 3788. 
 
 4*8 
 
CHAPTER VI 
 
 Discrimination in Rates and Service 
 
 SCOPE NOTE 
 
 This chapter includes provisions regulating the mak- 
 ing of rates and the furnishing of service in practice. 
 These provisions define and prohibit unjust discrimina- 
 tion in rates and service and indicate the kinds of special 
 treatment which constitute justifiable discrimination. The 
 chapter includes also grants of power authorizing com- 
 missions to determine under what conditions such cir- 
 cumstances exist as make discrimination justifiable. 
 Provisions involving a refusal to serve because of race, 
 business or profession have been excluded. For general 
 requirement that utilities serve all applicants, see ch. vii, 
 on service. For provisions indicating the principles to 
 be observed in determining reasonable rates, see ch. iii, 
 on basis of rate making. For provisions authorizing 
 commissions to regulate or prescribe rates, see ch. iv, on 
 establishment and change of rates. For provisions re- 
 quiring publicity in the establishment and change of 
 rates, see ch. v, on publicity of rates. For provisions 
 regulating service, see ch. vii, on service. For provisions 
 prescribing general procedure to be followed in the exer- 
 cise of commission authority, see ch. xiv, on commission 
 procedure and practice. For provisions prescribing gen- 
 eral rules of enforcement and judicial review, see ch. xv, 
 on enforcement. For general statement of scope and 
 method, see introduction. 
 
 429 
 
ANALYSIS 
 
 I. Unjust Discrimination Defined and Prohibited 
 
 Pages 
 
 A. Charging a greater or less compensation to one person than to another for 
 
 a like and contemporaneous service 431 
 
 B. Charging rates other than those prescribed by law or specified in pub- 
 
 lished schedules; refunding, remitting or rebating any portion of such 
 rates; or extending privileges and facilities not uniformly open to all. 446 
 
 C. Charging a less compensation in consideration of the furnishing by util- 
 
 ities of any part of the facilities incident to the service 463 
 
 D. Charging a less compensation in consideration of the size of the ship- 
 
 ment or the extent of the service 465 
 
 E. Charging a greater compensation for a shorter than for a longer dis- 
 
 tance service 466 
 
 F. Granting to any person, corporation, locality or particular description of 
 
 service any undue or unreasonable preference or advantage, or sub- 
 jecting the same to any undue or unreasonable prejudice or dis- 
 advantage 482 
 
 G. Assisting or permitting patrons to secure special favors or advantages, 
 
 or rates other than those lawfully established 492 
 
 H. Soliciting, accepting or receiving special favors or advantages, or rates 
 
 other than those lawfully established 494 
 
 I. General duty of utilities not to discriminate as to charges or facilities. . . 503 
 
 II. Free or Reduced Rate or Special Service 
 
 J. General prohibitions against offering, granting, soliciting or accepting 
 
 free or reduced rate or special service, with exceptions thereto 512 
 
 K. Special prohibitions against offering, granting, soliciting or accepting 
 free or reduced rate or special.service applicable to public officials or 
 members of political organizations, with exceptions thereto 565 
 
 L. Publishing and filing of lists of persons to whom free or reduced rate or 
 
 special service has been granted 574 
 
 430 
 
I. UNJUST DISCRIMINATION DEFINED AND 
 PROHIBITED. 
 
 A. CHARGING A GREATER OR LESS COM- 
 PENSATION TO ONE PERSON THAN TO 
 ANOTHER FOR A LIKE AND CONTEMPO- 
 RANEOUS SERVICE. 
 
 UNITED STATES If any common carrier shall directly or indi- 
 rectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any person or persons a 
 greater or less compensation for any service rendered or to be 
 rendered in the transportation of passengers or property than it 
 charges, demands, collects or receives from any other person or 
 
 1738 persons for doing for him or them a like and contemporaneous 
 service in the transportation of a like kind of traffic under sub- 
 stantially similar circumstances and conditions, such common 
 carrier shall be deemed guilty of unjust discrimination which is 
 prohibited and declared to be tmlawful. Act to Regulate Com- 
 merce, sec. 2. 
 
 ALABAMA If any railroad or other common carrier or any 
 
 agent or officer thereof shall directly or indirectly or by special 
 rate, rebate, drawback or by means of false billing, false classi- 
 fication, false weighing, false report of weights or by any device 
 whatsoever charge, demand, collect or receive from any person, 
 firm, company or corporation a greater or less compensation for 
 any service rendered or to be rendered by it for the transportation 
 of persons or property or for any service in connection therewith 
 
 1739 than that prescribed in the published tariffs or than it charges, 
 demands, collects or receives from any other person, firm, com- 
 pany or corporation for a like service, such railroad or other 
 common carrier so doing shall be deemed guilty of imjust dis- 
 crimination which is prohibited and declared to be unlawful, 
 and shall forfeit to the state and pay into the state treasury not 
 less than $ioo nor more than $io,ooo for each offense. Acts 
 IQOQ, sp. sess., no. 201, sec. i (8). 
 
 ARKANSAS It shall be unlawful for any person or corpora- 
 
 tion engaged alone or associated with others in the transporta- 
 tion of passengers or property by railroad as freight or express 
 
 431 
 
directly or indirectly to demand or receive from any person, firm, 
 company or corporation any greater or less rate or amount of 
 
 1740 compensation than is demanded or received from any other 
 person, firm, company or corporation for substantially similar 
 and contemporaneous service, or to allow any person, firm, com- 
 pany or corporation, directly or indirectly, any rebate, drawback 
 or other advantage in any form, or to make any preference in 
 furnishing cars or motive power. Kirby's Digest 1904, sec. 6804. 
 
 COLORADO If any common carrier shall directly or indi- 
 
 rectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any person, corporation 
 or persons a greater or less compensation for any service rendered 
 or to be rendered in the transportation of property than it 
 
 1741 charges, demands, collects or receives from any other person, 
 corporation or persons for doing for him or them a like and con- 
 temporaneous service in the transportation of a like kind of 
 traffic under similar circumstances and conditions, such common 
 carrier shall be deemed guilty of unjust discrimination which is 
 prohibited and declared to be unlawful. Laws igio, sp. sess., 
 ch. 5, sec. 4. 
 
 FLORIDA If any common carrier or any officer, agent or 
 
 employe thereof shall directly or indirectly by any special rate, 
 rebate, drawback or other device charge, demand, collect or 
 receive from any corporation, person or persons a greater or less 
 compensation for any service rendered or to be rendered in the 
 transportation of passengers or property than such common car- 
 rier charges, demands, collects or receives from any other corpo- 
 ration, person or persons for doing it or him or her or them a like 
 and contemporaneous service in the transportation of a like kind 
 
 1742 of traffic under substantially similar circumstances and condi- 
 tions, such common carrier, officer, agent or employe shall be 
 guilty of unjust discrimination which is prohibited and declared 
 to be unlawfiil. And it shall be -unlawful for any corporation, 
 person or persons to receive any simi of money, rebate or other 
 thing of value directly or indirectly that is prohibited to be 
 given, charged, demanded, collected or received by this act. 
 Laws igoy, ch. 5621, sec. i. 
 
 Any common carrier or corporation violating any provision 
 or provisions of section one of this act shall, upon conviction 
 thereof by a court of competent jurisdiction, be fined not less 
 than $1,000, nor more than $25,000, and any officer, agent of 
 
 432 
 
1743 employe of such corporation, or any other person, violating the 
 provisions of this act, shall, upon conviction by a court of com- 
 petent jurisdiction, be deemed guilty of a felony and confined 
 in the state prison for a term of not exceeding five years. Same, 
 sec. 2. 
 
 INDIANA If any railroad directly or indirectly or by any 
 
 special rate, rebate, drawback or other device shall charge, 
 demand, collect or receive from any person, firm or corporation a 
 greater or less compensation for any service rendered or to be 
 rendered by it than it charges, demands, collects or receives 
 
 1744 from any other person, firm or corporation for doing a like and 
 contemporaneous service in the transportation of a like kind of 
 traffic under substantially similar circumstances and conditions, 
 such railroad shall be deemed guilty of unjust discrimination 
 which is prohibited. Act igo^j, ch. 241, sec. ij. 
 
 Any railroad company violating any provision of this section 
 
 shall be deemed guilty of unjust discrimination and shall for such 
 
 1746 offense pay to the state a penalty of not less than $500 nor more 
 
 than $5,000, to be recovered in a civil action instituted for that 
 
 purpose in a court of competent jiuisdiction. Same, sec ij{d). 
 
 IOWA If any common carrier shall directly or indi- 
 
 rectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any person or persons 
 a greater or less compensation for any service rendered or to be 
 rendered in the transportation of passengers or property than it 
 
 1746 charges, demands, collects or receives from any other person or 
 persons for doing for him a like kind of traffic, such common car- 
 rier shall be guilty of unjust discrimination which is prohibited 
 and declared to be unlawful; but this section shall not be con- 
 strued as prohibiting a less rate per 100 pounds in a carload lot 
 than is charged, collected or received for the same kind of freight 
 in less than a carload lot. Code i8py, sec. 2124. 
 
 KANSAS No railroad company shall charge, demand or 
 
 receive from any person, company or corporation for the trans- 
 portation of any property or for any other service a greater or 
 less sum than it shall at the same time charge, demand or receive 
 from any other person, company or corporation for a like service 
 from the same place or upon like conditions and imder similar 
 
 1747 circumstances; and all concession of rates, drawbacks and con- 
 tracts for special rates shall be open to and allowed all persons, 
 companies and corporations alike; nor shall it charge more for 
 
 433 
 
transporting freight from any point on its line than a fair and 
 just proportion of the price it charges for the same kind of freight 
 transported from any other point. Gen. Stats, igog, sec. 7214. 
 See also pars. gi8, 18 15. 
 
 KENTUCKY All railway, transfer, belt lines or railway 
 
 bridge companies shall receive, unload, transport, haul, deliver 
 and handle freight of the same class for all persons, associations 
 
 1748 or corporations from and to the same points and upon the same 
 conditions in the same manner for the same charges and for the 
 same method of payment. Const., sec. 21 j. 
 
 Any person, association or corporation wilfully or knowingly 
 violating any of the provisions of sections 213, 214, 215 or 216 
 shall, upon conviction by a court of competent jurisdiction, for 
 the first offense be fined $2,000; for the second offense $5,000; 
 and for the third offense shall thereupon ipso facto forfeit its 
 
 1749 franchise, privileges or charter rights; and if such delinquent be 
 a foreign corporation it shall ipso facto forfeit its rights to do 
 business in this state; and the attorney general of the common- 
 wealth shall forthwith upon notice of the violation of any of 
 said provisions, institute proceedings to enforce the provisions 
 of the aforesaid sections. Same, sec. 21J. 
 
 If any corporation engaged in operating a railroad shall 
 directly or indirectly by any special rate, rebate, drawback or 
 other device charge, demand, collect or receive from any person 
 a greater or less compensation for any service rendered in the 
 
 1760 transportation of passengers or property than it charges, de- 
 mands, collects or receives from any other person for doing for 
 him a like and contemporaneous service in the transportation! 
 of a like kind of traffic, it shall be deemed guilty of unjust| 
 discrimination. CarrolVs Stats, igog, sec. 817. 
 
 LOUISIANA If any railroad, express, telephone, telegraph,' 
 
 steamboat or other water craft, or sleeping car company di- 
 rectly or indirectly or by any special rate, rebate or other devicej 
 shall intentionally charge, demand, collect or receive from any 
 person, firm or corporation a greater or less compensation for 
 any service rendered by it than it charges, demands or receives j 
 from any other person, firm or corporation for doing a like andj 
 
 1761 contemporaneous service, or shall violate any of the rates, 
 charges, orders, rules or decisions of commission, such railroad, 
 steamboat or other water craft, express, telegraph, telephone or 
 sleeping car company shall forfeit and pay to the state not lessj 
 
 434 
 
than $ioo nor more than $5,000, to be recovered before any court 
 of competent jurisdiction at the suit of the state at the domicile 
 of commission. Const., art. 286. 
 
 MARYLAND No common carrier shall directly or indirectly 
 
 by any special rate, rebate, drawback or other device or method 
 charge, demand, collect or receive from any person or corporation 
 a greater or less compensation for any service rendered or to be 
 
 1762 rendered in the transportation of passengers, freight or property 
 than it charges, demands, collects or receives from any other 
 person or corporation for doing a like and contemporaneous 
 service in the transportation of a like kind of traffic under the 
 same or substantially similar circumstances and conditions. 
 Laws iQiOy ch. 180, sec. 16. 
 
 Also a provision for gas or electrical corporations substan- 
 
 1763 tially identical with par. 1752. Same, sec. j/J^. 
 
 MASSACHUSETTS A telegraph company shall receive, com- 
 pute and transmit dispatches which may be received at its 
 offices from another telegraph company or by mail at the same 
 rates of charge as for dispatches which may be received for 
 
 1754 transmission from individuals on the same day and at the same 
 place. A telegraph company which wilfully neglects or refuses to 
 comply with the provisions of this (or the preceding) section 
 shall forfeit not more than $100 to the company or person who 
 sends or desires to send the dispatch. Reo. Laws ipo2, ch. 122, 
 sec. 10. 
 
 Every railroad corporation shall sell to an express mes- 
 senger or to a person who conducts a local express business in its 
 trains or cars a season ticket for his personal transportation at a 
 price not exceeding that at which similar tickets are sold to pas- 
 sengers upon receiving from him a release of all right, to whom- 
 
 1765 soever accruing, to damages or compensation for death or for any 
 personal injury received by him while riding on such ticket. The 
 supreme judicial court or the superior court shall have jiirisdic- 
 tion to enforce the provisions of this section by injimction, man- 
 damus or other siiitable process. Acts igo6, ch. 46 j, pt. ii. sec. 
 189. 
 
 MICHIGAN If any common carrier or any agent or officer 
 
 thereof shall directly or indirectly by any special rate, rebate, 
 drawback or by any means of false billing, false classification, 
 
 1766 false weighing or by any other device whatsoever charge, de- 
 mand, collect or receive from any person, firm or corporation a 
 
 435 
 
greater or less compensation for any service rendered or to be 
 rendered by it for the transportation of persons or property or 
 for any service in connection therewith than that prescribed in 
 the public tariffs then in force, or established as provided herein, 
 or than it charges, demands, collects or receives from any other 
 person, firm or corporation for a like and contemporaneous 
 service in the transportation of a like kind of traffic under sub- 
 stantially similar circumstances and conditions, or shall know- 
 ingly and wilfully assist or wilfully suffer and permit such greater 
 or less compensation to be charged, demanded, collected or re- 
 ceived, such common carrier shall be deemed guilty of imjust 
 discrimination which is prohibited and declared to be unlawful. 
 Pub. Acts iQog, no. 300, sec. 16. 
 
 If any telephone company shall directly or indirectly by spe- 
 cial rate, rebate, drawback or other device charge, demand, col- 
 lect or receive from any person or persons, firm or corporation a 
 greater or less compensation for any service rendered, furnished 
 or performed than it charges, demands, collects or receives from 
 
 1767 any other person or persons, firm or corporation for rendering, 
 ftimishing or performing for him or them a like and contempo- 
 raneous service, such telephone company shall be gmlty of im- 
 just discrimination which is prohibited and declared to be imlaw- 
 ful. Pub. Acts igii, no. ij8, sec. 4. 
 
 See also par. 1820. 
 
 MINNESOTA It shall be unlawful for any common carrier 
 
 by any special rate, rebate, drawback or other device to directly 
 or indirectly charge, demand, collect or receive from any person, 
 firm or corporation a greater or less compensation for any service 
 
 1768 rendered in the transportation of any property within the state 
 than its regular established schediile of rates and charges for like 
 and contemporaneous service for any other person or for the 
 public generally; and such common carrier shall be deemed guilty 
 of unjust discrimination and shall be punished by a fine not 
 exceeding $5,000. Acts 1905, ch. 177, sec. i. 
 
 MISSOURI If any common carrier shall directly or indi- 
 
 rectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any person or persons, 
 firm or corporation a greater or less compensation for any service 
 rendered in the transportation of any kind of property upon 
 such railroad within the state than it charges, demands, collects 
 
 1769 or receives from any other person or persons, firm or corporation 
 
 436 
 
for doing for him or them a like service in the transportation of a 
 like kind of property tinder substantially like circumstances and 
 conditions, such common carrier shall be deemed guilty of un- 
 just discrimination which is prohibited and declared to be unlaw- 
 ful. Rev. Stats, igop, sec. 3180. 
 
 NEBRASKA No railroad company shall grant or allow to 
 
 any person, company or association, upon the transportation of 
 freight either directly or indirectly, any secret rate, rebate, draw- 
 back, unreasonable allowance for use of cars or any imdue advan- 
 tage whatever, nor directly or indirectly charge to or receive 
 
 1760 from any person or persons or association or corporation any 
 greater or less stim, compensation or reward than is charged to or 
 received from any other person or persons, association or corpo- 
 ration for a like and contemporaneous service in the receiving, 
 transporting, storing, delivering or handling of freights. Cohhey^s 
 Annot. Stats, igog, sec. 10560. 
 
 If any railway company or common carrier directly or indi- 
 rectly through or by its agents, officers or employes by any spe- 
 cial rate, rebate, drawback or other device shall charge, demand, 
 » collect or receive from any person, firm or corporation a greater 
 or less compensation for any service rendered or to be rendered 
 
 1761 by it than it charges, demands, collects or receives from any 
 
 » other person, firm or corporation for doing a like and contempo- 
 raneous service, the same shall constitute an imjust discrimina- 
 tion which is forbidden and declared to be imlawful. Same, 
 sec. 10662. 
 Any railway company or common carrier violating any of 
 the provisions of this section shall be gtiilty of a misdemeanor, 
 
 1762 and upon conviction thereof shall be fined not less than $500, nor 
 more than $5,000 for each offense. Same, sec. 10662(d). 
 
 Any officer, agent or employe for or on behalf of any railway 
 company or common carrier violating any of the provisions of 
 this section shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be fined a sum not less than $100 nor more than 
 
 1763 $5, 000 for each offense, or be committed to the county jail in the 
 county wherein conviction was had for not less than ten days 
 nor more than six months, or both, in the discretion of the 
 court. Same, sec. 10662(e). 
 
 It shall be tinlawful for any telegraph company, association 
 or organization engaged in the business of forwarding dispatches 
 
 1764 by telegraph to demand, collect or receive from any publisher or 
 proprietor of a newspaper any greater sum for a given service than 
 
 437 
 
it demands, charges or collects from the publisher or proprietor 
 of any other newspaper for a like service, and the violation of the 
 provisions of sections seven and eight of this act by any tele- 
 graph company or association shall constitute a misdemeanor, and 
 upon conviction said telegraph company or association shall be 
 fined for each and every offense in any sum not less than $ioo 
 nor more than $1000 with costs of prosecution, and in addition 
 thereto such telegraph company or association shall be liable for 
 all damages sustained by the person or parties in consequence 
 of such discrimination. Same, sec. 11957. 
 
 NEVADA If any railroad or any agent or officer thereof 
 
 shall directly or indirectly by any special rate, rebate, drawback 
 or by means of false billing, false classification, false weighing or 
 by any other device whatsoever charge, demand, collect or receive 
 from any person, firm or corporation a greater or less compensa- 
 tion for any service rendered or to be rendered by it for the trans- 
 portation of persons or property or for any service in connection 
 therewith than that prescribed in the published tariffs then in 
 force or established as provided by law, or than it charges, de- 
 nes mands, collects or receives from any other person, firm or corpo- 
 ration for a like and contemporaneous service in the transportation 
 of a like kind of traffic under substantially similar circumstances 
 and conditions, such railroads shall be deemed guilty of unjust 
 discrimination which is prohibited and declared to be imlawful, 
 and upon conviction thereof shall forfeit and pay into the state 
 treasury not less than $100 nor more than $5,000 for such offense; 
 and any agent or officer so offending shall be deemed guilty of a 
 misdemeanor, and upon conviction thereof, shall be punished 
 by a fine of not less than S50 nor more than $1,000 for each 
 offense. Stats, igoy, ch. 44, sec. 22. 
 
 NEW YORK Provisions for common carriers and gas or 
 
 1766 electrical corporations identical with pars. 1752, 1753. Laws 
 1 910, ch. 480, sees, ji, 6^(2). 
 
 Also a provision for telegraph or telephone corporations sub- 
 
 1767 stantially identical with provisions for common carriers and gas 
 or electrical corporations. Same, sec. 91 {2). 
 
 NORTH CAROLINA If any common carrier shall directly or indi- 
 rectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any person a greater or 
 less compensation for any service rendered or to be rendered in 
 the transportation of passengers or property than it charges, 4^ 
 
 438 
 
1768 mands or collects or receives from any other person or persons for 
 doing for him or them a like and contemporaneous service in the 
 transportation of a like kind of traffic tmder substantially similar 
 circumstances and conditions, such person or corporation shall 
 be upon conviction thereof fined not less than $i,ooo nor more 
 than $5,000 for each and every offense. Pell's Revisal igo8, sec. 
 
 3749- 
 
 See also par. 184Q. 
 
 NORTH DAKOTA Every storage company or warehouseman 
 shall receive, forward and store all property offered for such pur- 
 poses by any person, persons or corporation impartially and at 
 as low a rate of charge and in a manner and on terms and in quan- 
 tities as favorable to the party offering such property as it or he 
 at the same place receives, forwards and stores in the ordinary 
 
 1769 course of business, property of like description and in similar 
 quantities offered by any other person, persons or corporation. 
 No such storage company or warehouseman shall discriminate 
 against any particular person, persons or corporation or subject 
 
 I them or him to any undue and unreasonable prejudice or disad- 
 vantage. Any court having jurisdiction shall have power to 
 enforce the provisions of this article by injunction, or other smt- 
 able process. Rev. Codes 1905, sec. 226y. 
 Every storage company or warehouseman who neglects or 
 refuses to comply with the provisions of section 2267 shall forfeit 
 
 1770 for every such offense not less than $50 nor more than S500 to be 
 recovered in an action by the party offering the property for 
 storage. Same, sec. 2268. 
 
 I It is unlawful for any ticket selling agent authorized and 
 
 licensed by law or for any common carrier to charge, demand, 
 collect, receive from or to sell, barter, transfer or assign to any 
 person or persons, firm or company, corporation or association 
 any tickets of any class whatever entitling the purchaser or 
 holder thereof to transportation by the common carrier issuing 
 
 1771 such ticket or tickets for a greater or less sum or price than is 
 charged, demanded, collected or received by any such ticket sell- 
 ing agent or common carrier for a similar ticket or tickets of the 
 same class. Any person, ticket selling agent or common carrier 
 who shall violate the provisions of this section shall be guilty of 
 a misdemeanor and upon conviction thereof shall be fined in a 
 sum not exceeding $1,000 for each offense. Same, sec. 4316. 
 
 Also a provision for railroads, railroad corporations or com- 
 177? mon carriers substantially identical with par. 1 746. Same, sec. 433^- 
 
 439 
 
OHIO If a railroad or an agent or officer thereof, by 
 
 special rate, rebate, drawback or by means of false billing, false 
 classification, false weighing or other device shaU charge, demand, 
 collect or receive either directly or indirectly from any person, 
 firm or corporation a greater compensation for services rendered 
 or to be rendered by it for the transportation of persons or prop- 
 erty or any service in connection therewith than that prescribed 
 
 1773 in the published tariffs then in force or established as provided 
 by law, or a greater or less compensation than it charges de- 
 mands, collects or receives from any other person, firm or cor- 
 poration for a like and contemporaneous service in the trans- 
 portation of a like kind of traffic under substantially similar cir- 
 cumstances and conditions, it shall be deemed guilty of unjust 
 discrimination which is prohibited and declared unlawful, and 
 upon conviction thereof shall forfeit and pay into the state 
 treasury not less than $ioo nor more than $5,000 for each offense. 
 Code igio, sec. 564. 
 
 Whoever being an agent or officer of a railroad violates an^ 
 
 1774 provision of the next preceding section shall be fined not less 
 than $50 nor more than $1,000 for each offense. Same, sec. 565, 
 
 No public utility shall directly or indirectly by any special 
 rate, rebate, drawback or other device or method, charge, de 
 mand, collect or receive from any person, firm or corporation 
 
 1775 greater or less compensation for any services rendered or to 
 rendered than it charges, demands, collects or receives from an] 
 other person, firm or corporation for doing a like and contemp( 
 raneous service tmder the same or substantially the same cirj 
 cumstances and conditions. Laws igii, no. 325, sec. 16. 
 
 OREGON If any railroad or any agent or officer there 
 
 shall directly or indirectly by any special rate, rebate, drawbac 
 or by means of any false billing, false classification, false weigl 
 ing or by any other device whatsoever charge, demand, collec 
 or receive from any persons, firm or corporation a greater or les 
 compensation for any service rendered or to be rendered by it fc 
 the transportation of persons or property or for any service ii 
 connection therewith than that prescribed in the publishe 
 tariffs then in force or established as provided by law or than i| 
 charges, demands, collects or receives from any other persot 
 firm or corporation for a like and contemporaneous service und€ 
 
 1776 substantially similar circiimstances and conditions, such railrc 
 shall be deemed guilty of unjust discrimination which is pi 
 hibited and declared to be unlawful, and upon conviction the 
 
 440 
 
shall forfeit and pay into the state treasury not less than $ioo 
 nor more than $10,000 for each offense, and any agent or officer 
 so offending shall be deemed guilty of a misdemeanor and upon 
 conviction thereof shall be punished by a fine of not less than 
 $100 nor more than $1,000 for each offense; provided that com- 
 mission may, for cause shown, and after investigation, in special 
 cases permit the collection of a greater sum for the lesser than for 
 the longer distance over the same line. Gen. Laws igoy, ch. 53, 
 sec. 48. 
 
 If any public utility or any agent or officer thereof shall 
 directly or indirectly by any device whatsoever or otherwise 
 charge, demand, collect or receive from any person, firm or 
 corporation a greater or less compensation for any service ren- 
 dered or to be rendered by it in or affecting or relating to the 
 transportation of persons or property by street railroad or to 
 the production, transmission or delivery or furnishing of heat, 
 light, water or power or the conveyance of telegraph or telephone 
 messages or for any service in connection therewith than that 
 prescribed in the published schedules or tariffs then in force or 
 1777 established as provided by law, or than it charges, demands, col- 
 lects or receives from any other person, firm or corporation for a 
 like and contemporaneous service imder substantially similar 
 circumstances, such public utility shall be deemed guilty of 
 imjust discrimination which is prohibited and declared to be 
 imlawful, and upon conviction thereof shall forfeit and pay into 
 the state treasury not less than $100 nor more than $1,000 for 
 each offense; and such agent or officer so offending shall be 
 deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine of not less than $50 nor more than $100 
 for each offense. Gen. Laws 1911, ch. 2jg, sec. 6j. 
 
 PENNSYLVANIA No railroad company or other common carrier 
 engaged in the transportation of property shall charge, demand 
 or receive from any person, company or corporation for the trans- 
 portation of property or for any other service a greater sum than 
 it shall charge or receive from any other person, company or 
 corporation for a like service from the same place upon like con- 
 ditions and under similar circumstances; and all concessions in 
 rates and drawbacks shall be allowed to all persons, companies 
 or corporations alike for such transportation and service upon 
 like conditions imder similar circimistances and during the same 
 period of time. Nor shall any such railroad company or common 
 carrier make any undue or unreasonable discrimination between 
 
 441 
 
individuals or between individuals and transportation com- 
 panies or in the furnishing of facilities for transportation. Any 
 violation of this provision shall make the offending company or 
 common carrier liable to the party injured for damages treble 
 the amount of injur}^ suffered. Purdon's Digest, ^^ Railroads,'* 
 sec. 2 JO. 
 
 RHODE ISLAND If any public utility or any agent or officer of 
 a public utility shall directly or indirectly by any device whatso- 
 ever or otherwise charge, demand, collect or receive from any 
 person, firm or corporation a greater or less compensation for 
 any service rendered or to be rendered by it in or affecting or 
 relating to the transportation of persons or property between 
 points within the state, or the production, transmission, delivery 
 or furnishing of heat, light, water or power or the conveyance of 
 telegraph or telephone messages or for any service in connection 
 therewith than that prescribed in the published schedules or 
 
 1779 tariffs then in force or established as provided by law or than it 
 charges, demands, collects or receives from any other person, 
 firm or corporation for a like and contemporaneous service imder 
 substantially similar circumstances and conditions, such public 
 utility shall be deemed guilty of unjust discrimination which is 
 prohibited and declared to be unlawful, and upon conviction 
 thereof shall be fined not less than $200 nor more than $500 for 
 each offense; and such agent or officer so offending shall be 
 deemed guilty of a misdemeanor and upon conviction thereof 
 shall be fined not less than $50 nor more than $500 for each 
 offense. Acts igi2, ch. yg^, sec. jg. 
 
 SOUTH DAKOTA No railroad corporation shall charge, demand 
 or receive from any person, company or corporation for the 
 transportation of coal or other fuel a greater simi than it shall at 
 the same time charge, demand or receive from any other person, 
 company or corporation for a like service from the same place ;^ 
 
 1780 and all concessions of rates, rebates, drawbacks and contracts! 
 for special rates shall be open to and allowed to all persons, com- 
 panies and corporations, and they shall charge no more for trans-l 
 porting from any point on its line than a fair and just proportionj 
 of the prices it charges for the same kind of freight transported! 
 from any other point within the state. Rev. Pol. Code igoj^ 
 sec, 475. 
 
 If any common carrier shall directly or indirectly by any| 
 special rate, rebate, drawback or other device, charge, demand,^ 
 
 442 
 
collect or receive from any person or persons a greater or less 
 compensation for any service rendered or to be rendered in the 
 transportation of passengers, property, express, freight or mes- 
 sages by telephone than it charges, demands, collects or receives 
 
 1781 from any other person or persons for doing him or them a like 
 and contemporaneous service in the transportation of a like kind 
 of traffic, such common carrier shall be deemed guilty of unjust 
 discrimination which is prohibited and declared to be unlawful; 
 this section, however, is not to be construed as prohibiting a less 
 rate per loo pounds in a carload lot than is charged, collected or 
 received for the same kind of freight in less than a carload lot. 
 Sess. Laws iQii, ch. 207, sec. 6. 
 
 TENNESSEE If any common carrier shall directly or indi- 
 
 rectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any person or persons, 
 firm or corporation a greater or less compensation for any services 
 rendered in the transportation of any kind of property upon 
 such railroad within the state than it charges, demands, collects 
 
 1782 or receives from any other person or persons, firms or corpora- 
 tions for doing for him or them a like service in the transportation 
 of a like kind of property under substantially like ciromistances 
 and conditions, and if such common carriers make any preference 
 between the parties aforesaid in furnishing cars or motive power 
 for the purpose aforesaid, such common carrier shall be deemed 
 guilty of imjust discrimination which is prohibited and declared 
 unlawful. Acts iSgy, ch. 10, sec. 15. 
 
 TEXAS If any railroad directly or indirectly or by any 
 
 special rate, rebate, drawback or other device shall charge, de- 
 mand, collect or receive from any person, firm or corporation a 
 greater or less compensation for any service rendered or to be 
 
 1783 rendered by it than it charges, demands, collects or receives from 
 any other person, firm or corporation for doing a like and con- 
 temporaneous service, such railroad shall be deemed guilty of 
 unjust discrimination which is prohibited. Sayles' Civ. Stats. 
 iSgy, art. 4574. 
 
 Any railroad company violating any provision of this section 
 shall be deemed guilty of unjust discrimination, and shall for each 
 
 1784 offense pay to the state a penalty of not less than $500 nor more 
 than $5,000. Same, art. 4^74(4). 
 
 If any officer, agent, clerk, servant or employe or any 
 receiver or his servant, agent or employe of any railroad com- 
 
 443 
 
pany shall directly or indirectly or by any special rate, rebate, 
 drawback or other device for and on behalf of such railroad com- 
 pany, knowingly charge, demand, contract for, collect or receive 
 from any person, firm or corporation a greater or less compensa- 
 tion for any service rendered or to be rendered by any such rail- 
 1786 road company, than such railroad company, or its said officers, 
 agents, clerks, servants or employes or receiver thereof, charges, 
 demands, contracts for, collects or receives from any such person, 
 firm or corporation for doing a like and contemporaneous service, 
 such officer, clerk, servant or employe or receiver, his agents, 
 servants or employes of such railroad company shall be deemed 
 guilty of unjust discrimination and on conviction thereof shall be 
 pimished by confinement in the state penitentiary for not less 
 than two nor more than five years. Laws i8gp, ch. ii8, sec. i. 
 No company shall directly or indirectly, by any special rate, 
 rebate, drawback or other device or exchange, demand, charge 
 or collect or receive from any person, firm, association of persons 
 or corporation, a greater or less or different compensation for any 
 service rendered or to be rendered in the transportation of pas- 
 sengers, property or messages, than it charges, demands, collects 
 
 1786 or receives from any other person, firm, association of persons or 
 corporation for doing for him, them or it a like service, if the 
 transportation or transmission is a like kind of traffic or service 
 tmder substantially similar circumstances and conditions, and 
 any such company violating the provisions shall be deemed guilty 
 of p. misdemeanor, and for each offense on conviction shall pay 
 into the state a penalty of $5,000. Laws 1907, ch. 42, sec. 4. 
 
 VIRGINIA If any transportation company shall directly 
 
 or indirectly by any special rate, rebate, drawback or other device 
 charge, demand, collect or receive from any corporation, person 
 or persons a greater or less compensation for any service rendered 
 or to be rendered in the transportation of passengers or property 
 than it charges, demands, collects or receives from any other 
 
 1787 corporation, person or persons for doing for him or them a like 
 and contemporaneous service in the transportation of a like kind 
 of traffic tmder substantially similar circumstances and condi- 
 tions, such company shall be deemed guilty of unjust discrimina- 
 tion which is prohibited and declared to be imlawful. Pollard's 
 Code 1904, sec. 12940(2). 
 
 WASHINGTON Provisions for common carriers, gas, elec- 
 
 1788 trical or water companies, telegraph or telephone companies, and 
 
 444 
 
wharfingers or warehousemen substantially identical with par. 
 1752, 1753- Laws igii, ch. iiy, sees. 20, 31, 41, 51. 
 
 "WISCONSIN If any railroad or any agent or officer thereof 
 
 shall directly or indirectly by any special rate, rebate, drawback 
 or by means of false billing, false classification, false weighing or 
 any other device whatsoever charge, demand, collect or receive 
 from any person, firm or corporation a greater or less compensa- 
 tion for any service rendered or to be rendered by it for the 
 transportation of persons or property or for any service in con- 
 nection therewith than that prescribed in the published tariffs 
 
 1789 then in force or established as provided by law or than it charges, 
 demands, collects or receives from any other person, firm or 
 corporation for a like and contemporaneous service, such railroad 
 shall be deemed guilty of unjust discrimination which is pro- 
 hibited and declared to be unlawful, and upon conviction thereof 
 shall forfeit and pay into the state treasury not less than $100 
 nor more than $10,000 for each offense; and any agent or officer 
 so offending shall be deemed guilty of a misdemeanor and upon 
 conviction thereof shall be punished by a fine of not less than $50 
 nor more than $100 for each offense. Laws 1905, ch. j62, sec. 
 iygy-22. 
 
 If any public utility or any agent or officer thereof shall 
 directly or indirectly by any device whatsoever or otherwise 
 charge, demand, collect or receive from any person, firm or cor- 
 poration a greater or less compensation for any service rendered 
 or to be rendered by it in or affecting or relating to the produc- 
 tion, transmission, delivery or furnishing of heat, light, water or 
 power or the conveyance of telephone messages or for any 
 service in connection therewith than that prescribed in the pub- 
 lished schedules or tariffs then in force or established as pro- 
 
 1790 vided by law or than it charges, demands, collects or receives 
 from any other person, firm or corporation for a like and con- 
 temporaneous service, such public utility shall be deemed guHty 
 of unjust discrimination which is prohibited and declared to be 
 unlawful, and upon conviction thereof shall forfeit and pay into 
 the state treasury not less than $100 nor more than $1,000 for 
 each offense; and such agent or officer so offending shall be 
 deemed guilty of a misdemeanor and upon conviction thereof 
 shall be punished by a fine of not less than $50 nor more than 
 $100 for each offense. Laws igoy, ch. 499, sec. lygym-Sg. 
 
 445 
 
B. CHARGING RATES OTHER THAN THOSE 
 PRESCRIBED BY LAW OR SPECIFIED IN 
 PUBLISHED SCHEDULES; REFUNDING, RE- 
 MITTING OR REBATING ANY PORTION 
 OF SUCH RATES; OR EXTENDING PRIVI- 
 LEGES AND FACILITIES NOT UNIFORMLY 
 OPEN TO ALL. 
 
 UNITED STATES No carrier shall charge, demand or collect or 
 receive a greater or less or different compensation for the trans- 
 portation of passengers or property or for any service in connec- 
 tion therewith between the points named in the published tariffs 
 than the rates, fares and charges which are specified in the tariff 
 
 1791 filed and in effect at the time, nor shall any carrier refund or 
 remit in any manner or by any device any portion of the rates, 
 fares and charges so specified, nor extend to any shipper or person 
 any privileges or facilities in the transportation of passengers or 
 property except such as are specified in such tariffs. Act to Regu- 
 late Commerce, sec. 6. 
 
 It shall be unlawful for any common carrier that has issued 
 or authorized to be issued any joint interchangeable mileage 
 tickets to demand, collect or receive from any person or persons 
 
 1792 a greater or less compensation for transportation of persons or 
 baggage under such joint interchangeable mileage tickets than 
 that required by the rate, fare or charge specified in the copies of 
 the joint tariff of rates, fares or charges filed with commission 
 in force at the time. Same, sec. 22. 
 
 ALABAMA No railroad company shall give or pay any 
 
 rebate or a bonus in the nature thereof directly or indirectly, or 
 do any act to mislead or deceive the public as to the real rates 
 
 1793 charged or received for freights or passage; and any such pay- 
 ments shall be illegal and void, and these prohibitions shall be 
 enforced by suitable penalties. Const., sec. 245. 
 
 Any person or corporation operating a railroad who makes; 
 and any person who knowingly accepts a lower transportatioi 
 
 1794 rate for person or freight than the published tariff must on con- 
 viction be fined not less than $100 nor more than $5,000. Codi 
 1907, sec. ydSg. 
 
 It shall be unlawful for any common carrier, its offi- 
 cers, agents or employes to publish, exact, charge or 
 
 446 
 
ceive any higher or greater rate than that^ prescribed by statute 
 
 1795 or than that which has been made the maximum rate by statute 
 or than the rate prescribed by commission for the transportation 
 of property or passengers, or to refuse to receive property or pas- 
 sengers for transportation at such rates. Acts igog, sp. sess., no, 
 ji, sec. i(i). 
 
 Every common carrier which shall violate any of the pro- 
 
 1796 visions of this act .shall forfeit to the state of Alabama a sum 
 not exceeding $ioo for each offense, to be determined by the 
 court or judge trying the case. Same, sec. 1(2). 
 
 Each exaction, charge or receipt of a fare for the trans- 
 portation of a passenger or of the rate of compensation for the 
 transportation of property in excess of the statutory rate or fare 
 or the rate or fare established by commission, and each refusal to 
 
 1797 receive any property or passenger for transportation at such 
 rates shall be a separate and distinct offense; and the act of any 
 officer or other person acting within the scope of his official duties 
 or employment in exacting or charging such excess rate or fare 
 shall be in every case and be deemed to be the act of such com- 
 mon carrier. Same, sec. i{j). 
 
 Every officer, agent or employe of such common carrier, 
 who shall violate, or who procures, aids or abets any violation 
 
 1798 of the provisions of this act, shall be guilty of a misdemeanor 
 and upon conviction shall be fined a sum not exceeding $100 
 for each offense, to be determined by the court or judge trying 
 the case. Same, sec. 1(4). 
 
 A civil action to recover the forfeitures provided for in sec- 
 tion (2) of this act may be brought at any time within two 
 years from the date the offense was committed or forfeittues 
 were incurred in the name of the state of Alabama in any court 
 
 1799 of competent jurisdiction in any county in which the carrier is 
 engaged in business. In such action any number of forfeitiures 
 incurred up to the time of commencing the same and not pre- 
 viously recovered, or separate suits may be brought for each 
 penalty or forfeiture, and the commencement of an action to 
 recover a forfeiture shall not be, or be deemed to be, a waiver of 
 the right to recover any other forfeitures. Same, sec: i(j). 
 
 It shall be unlawful for any railroad or other common carrier 
 to charge, demand, collect or receive a greater or less compensa- 
 tion for the transportation of passengers or property or for any 
 service in connection therewith, than is specified in such printed 
 
 1800 schedules including schedules of joint rates as may at the time 
 
 447 
 
be in force, except as provided by law or commission, and the 
 rates, fares and cliarges named therein shall be the lawful rates, 
 fares and charges when approved by commission. Acts igog, 
 sp. sess.y no. 201, sec. i(j). 
 See also par. 1739. 
 
 ARIZONA No common carrier shall charge, demand, col- 
 
 lect or receive a greater or less or different compensation for the 
 transportation of persons or property or for any service in con- 
 nection therewith than the rates, fares and charges applicable 
 to such transportation as specified in its schedule filed and in 
 effect at the time; nor shall any such carrier refund or remit in 
 
 1801 any manner or by any device any portion of the rates, fares or 
 charges so specified except upon order of commission as herein- 
 after provided, nor extend to any corporation or person any privi- 
 lege or facility in the transportation of passengers or property, 
 except such as are regularly and uniformly extended to all corpo- 
 rations and persons. Sess. Laws 1912, ch. go, sec. iy{a){2). 
 
 Except as in this section authorized and provided, no public 
 service corporation shall charge, demand, collect or receive a 
 greater or less or different compensation for any product or com- 
 modity furnished or to be furnished or for any service rendered 
 or to be rendered than the rates, tolls, rentals and charges appli- 
 cable to such product or commodity or service as specified in its 
 schedules on file and in effect at the time, nor shall any such pub- 
 lic service corporation refund or remit directly or indirectly in 
 
 1802 any manner or by any device any portion of the rates, tolls, 
 rentals and charges so specified, nor extend to any corporation 
 or persons any form of contract or agreement or any rule or 
 regulation, or any facility or privilege, except such as are regu- 
 larly and uniformly extended to all corporations and persons; 
 provided that commission may by rule or order establish such 
 exceptions from the operation of this prohibition as it may con- 
 sider just and reasonable as to each public service corporation. 
 Same, sec. 17 {h). 
 
 ARKANSAS All agents of railroad and express companies 
 
 are prohibited from charging, collecting or receiving pay for any 
 goods, wares, packages, merchandise or any article whatever 
 
 1808 that may be sent or received by or through their respective offices 
 in excess of the regular rates charged for the same. Kirby^s Di- 
 gest igo4, sec. 666y. 
 
 448 
 
CALIFORNIA Provisions identical with pars. 1801, 1802, 
 
 except that ** public utility" is used instead of "public service 
 
 1804 corporation." Stats, igii, ist. ex. sess., ch. 14, sees. i'/a{2), iy(b). 
 
 See also par. 4517. 
 
 CONNECTICUT See par. 2315. 
 
 FLORIDA If any railroad company or common carrier 
 
 shall discriminate by way of rebate or otherwise directly or indi- 
 rectly in favor of any consignor or consignee of freights within 
 the state, by allowing him a reduction of the rate fixed by com- 
 mission as reasonable and just, any other consignor or consignee 
 of freights within the state shall have a right of action against 
 the said railroad company or common carrier, and the amount of 
 his damages shall be fixed by a jtiry, unless a jury shall be waived, 
 and the measure of damages shall be such simi or simis of money 
 as will fairly compensate the injury done to said last mentioned 
 
 1805 consignor or consignee. But in all such cases demand in writing 
 on said railroad, railroad company or common carrier shall be 
 made for the money damages sustained before suit is brought for 
 recovery under this section, and all suits under this act shall be 
 brought within 12 months after the commission of the alleged 
 wrong or injury except in cases where commission has heretofore 
 been or shall hereafter be by the refusal of such railroad or com- 
 mon carrier to observe the rates, rules, schedules or regulations 
 by commission compelled to resort to suits to enforce such 
 rates, rules, schedules or regulations, and in such cases suits for 
 such loss, damage or penalty may be brought within 12 months 
 after the termination of such suits in favor of commission. Gen. 
 Stats. igo6, sec. 2gio, as amended by Laws igog, ch. 5624. 
 
 See also par. 1078. 
 
 GEORGIA A provision identical with par. 1793. Const. , 
 
 1806 art. iv, sec. 2. 
 
 No railroad company shall make or retain directly or indi- 
 rectly any charge for storage or freight greater than that fixed by 
 
 1807 commission for each particular storage; nor shall they discrimi- 
 nate directly or indirectly by means of rebates or any other device 
 in any such charges between persons. Acts i8gi, no. 700, sec. j. 
 
 See also par. loyg. 
 
 ILLINOIS It shall be unlawful for any express company 
 
 or carrier by express to charge, demand, collect or receive a 
 greater or less or different compensation for the transportation of 
 
 449 
 
property, money, parcels, merchandise, package and other com- 
 modities and things or for any service rendered in connection 
 therewith between points named in its schedules or tariffs, than 
 the rates and charges which are specified in such schedules or 
 
 1808 tariffs filed and in effect at the time or as may be promulgated, 
 amended or changed by order of commission, nor shall any express 
 company or carrier by express refund or remit in any manner or 
 by any device any portion of the rate or charge so specified, nor 
 extend to any shipper, person or persons, firms, copartnerships, 
 joint stock companies or corporations any privilege or facility in 
 receiving, storing, handling or forwarding of property or other- 
 wise not granted to another and not specified in such schedules or 
 tariffs. Revisal igop, ch. 114, sec. jyo. 
 
 INDIANA It is declared to be unlawful for any carrier to 
 
 charge, demand or collect directly or indirectly for the trans- 
 portation of passengers or property or for any other service per- 
 formed by it as a common carrier any other or different rate or 
 rates, charge or charges than the rate named and fixed in the 
 
 1809 schedules and tariffs required to be and filed with commission 
 or to charge, demand or collect directly or indirectly for any such 
 service any other or different rate or rates, charge or charges than 
 that adopted by commission or ordered observed by any court. 
 Acts iQii, ch. 225, sec. i{h). 
 
 Every carrier which shall knowingly and wilfully charge, 
 collect, demand or receive from any person, company, firm or 
 corporation, directly or indirectly, a greater or less rate, charge 
 or compensation for the transportation of persons or property or 
 for any service performed or to be performed by any such carrier 
 
 1810 than that fixed and specified in the schedule of rates filed with 
 commission, or the schedule of rates fixed and adopted by com- 
 mission, or the schedule of rates ordered observed by any court 
 of this state, shall be guilty of a misdemeanor, and upon convic- 
 tion thereof in any court of this state having jurisdiction shall be 
 fined in a sum not less than $500, nor more than $5,000. Acts 
 iQoy, ch. 241, sec. 12(c). 
 
 If any agent, officer or employe of any carrier shall in- 
 tentionally, directly or indirectly, by any special rate, re- 
 bate, drawback or by means of false billing, false classification, 
 false weighing, or by any other device whatsoever, charge, de- 
 mand, collect or receive from any person, firm or corporation a 
 greater or less compensation for any service rendered or to be 
 rendered by any such company for the transportation of persons 
 
 450 
 
1811 or property, or for any other service performed by such carrier, 
 than that prescribed in the pubHshed tariffs then in force and on 
 file with commission, or which have heretofore been estabHshed 
 by such commission or ordered to be observed by any court, then 
 and in such case any such agent, officer or employe shall be guilty 
 of a misdemeanor, and upon conviction thereof shall be fined not 
 less than $ioo nor more than $2,000, to which may be added im- 
 prisonment in the county jail not exceeding one year, in the dis- 
 cretion of the court or jury trying the cause. Same, sec. 14(a). 
 
 IOWA When any common carrier shall have estab- 
 
 lished and published its rates, fares and charges, it shall not 
 charge, demand, collect or receive from any person or persons 
 
 1812 a greater or less compensation for the transportation of pas- 
 sengers or property or for any service in connection therewith 
 than is specified in such published schedule of rates, fares and 
 charges as may at that time be in force. Code i8gy, sec. 2128. 
 
 It shall be unlawful for any express company or common 
 carrier to charge, demand, collect or receive a greater compensa- 
 tion for the transportation of property or for any service in con- 
 nection therewith between the points named in such schedules 
 
 1813 than the rates and charges which are specified in the schedules 
 made by commission and in effect at the time. Any such express 
 company or common carrier, any officer, representative or agent 
 of any express company or carrier who knowingly violates these 
 provisions shall forfeit to the state the sum of $500 for each 
 offense to be recovered as by law provided. Same, sec. 216 je. 
 
 KANSAS It shall be unlawful for any railroad company 
 
 or other common carrier to grant or for any consignor or consign- 
 ee to receive any rebate or drawback or enter into any arrange- 
 ment whereby such consignor or consignee shall directly or indi- 
 rectly receive a lower rate for transporting freight than the rate 
 fixed by the orders of commission or the published schedules of 
 such railroad company. It shall be unlawful for any railroad 
 company or other common carrier to grant any special privileges 
 
 1814 to any person, firm or corporation either in the way of preference 
 in furnishing cars, side track facilities, sites for elevators, mills or 
 warehouses or any other form of preference or discrimination. 
 It shall be unlawful for any railroad company or other common 
 carrier or any agent or employe thereof or for any person, firm or 
 corporation to enter into any secret agreement with any firm, 
 person or corporation for the purpose of giving any firm, person or 
 
 451 
 
corporation any special privileges, favors or discriminations in 
 favor of such firm, person or corporation. Gen. Stats, igog, sec. 
 7181. 
 
 If any railroad company shall make, charge or receive from 
 any shipper a less rate for the transportation of freight than the 
 rate authorized by commission, it shall make the same lesser 
 rate to all persons for all like contemporaneous services in the 
 transportation of like kinds of freight under substantially similar 
 1816 circumstances and conditions; and in case any such company 
 shall make, charge or receive any such lesser rate from one per- 
 son and a greater rate from another person, the latter may sue 
 and recover the difference between the rate paid by him and such 
 lesser rate, together with reasonable attorney's fees for recovering 
 the same in any court of competent jurisdiction. Same, sec. 7196. 
 Any device, subterfuge or arrangement by which any pas- 
 senger received a concession, advantage, reduction or rebate 
 not accorded to all other passengers, exclusive of the excepted 
 
 1816 classes elsewhere entimerated, shall be deemed a violation of law, 
 and the officer, agent or employe of the railroad company 
 granting or offering to grant or give, and the person soliciting or 
 accepting the same, shall be punished as provided by law for a 
 direct violation of the provisions of law. Same, sec. '/261. 
 
 No common carrier or public utility shall knowingly or wil- 
 fully charge, demand, collect or receive a greater or less compen- 
 sation for the same class of service performed by it within the 
 
 1817 state or for any service in connection therewith than is specified 
 in the printed schedules or classifications including schedules of 
 joint rates, or demand, collect or receive any rate, toll, fare or 
 charge not specified in such schedules or classification. Laws 
 1911, ch. 238, sec. 12. 
 
 MARYLAND No common carrier shall charge, demand, col- 
 
 lect or receive a greater or less or different compensation for 
 transportation of passengers, freight or property or for any 
 service in connection therewith, than the rates, fares and charges 
 applicable to such transportation as specified in its schedules 
 
 1818 filed and in effect at the time; nor shall any such carrier refund 
 or remit in any manner or by any device any portion of the rates, 
 fares or charges so specified, nor extend to any shipper or person 
 any privileges or facilities in the transportation of passengers or 
 property except such as are regularly and uniformly extended to 
 all persons and corporations under like circumstances. Laws 
 igio, ch. 180, sec. 16. 
 
 452 
 
i 
 
 MICHIGAN A provision substantially identical with par. 
 
 1819 1791. Pub. Acts igii, no. ijq, sec. io{f). 
 
 It shall be unlawful for any express company operating or 
 doing business in the state, to charge or collect a greater amount 
 for the transportation of merchandise or other property within 
 the state than the rates and charges set forth and contained in 
 
 1820 the schedule of rates, tariffs and classifications on file at each 
 station and office to or from which said rates, charges and classi- 
 fications are intended to apply; a copy of which said schediile of 
 rates, tariffs and classifications shall be filed with commission by 
 issuing carrier or some duly authorized agent or representative 
 of such carrier. Same, sec. 2j(a) . 
 
 The maximum rate fixed by law shall not limit the right of 
 any person, firm or corporation to supply electricity for a less 
 rate if it charges all customers at the same rate for electricity 
 simultaneously used under like conditions. No corporation or 
 
 1821 person engaged in the business of supplying electricity, shall be 
 entitled to have, receive or recover a greater charge for electricity 
 supplied to any customer than that fixed by commission after 
 the same has been fixed as provided by law. Pub. Acts igog, no. 
 106, sec. 7. 
 
 It shall be unlawful for any telephone company to make 
 
 1822 any other or different charge for service than that shown in its 
 schedules. Pub. Acts igii, no. ij8, sec. ig. 
 
 See also pars. 1412, 1756. 
 
 MINNESOTA No carrier shall charge, demand, collect or 
 
 receive for any service a greater or less sum than that fixed in its 
 
 1823 published schedules. Rev. Laws igo^, sec. 2015. 
 
 See also par. 1758. 
 
 MISSISSIPPI The track of every railroad which carries per- 
 
 sons or property for hire is a public highway, over which all per- 
 sons have equal rights of transportation for themselves and their 
 property, and for passengers, freight and cars, on the pa3rment of 
 reasonable compensation to the railroad for such transportation; 
 and if any railroad corporation or person managing a railroad 
 shall demand and receive unreasonable compensation for the serv- 
 ice rendered in the transportation of passengers or freight or 
 more than allowed by the tariff of rates fixed by commission, or 
 by such person or corporation with its approval, or more than 
 
 1824 the rates specified in the bill of lading issued by authority of the 
 railroad; or if any railroad shall for its advantage or for the 
 
 453 
 
advantage of a connecting line, or for that of any person, locality 
 or corporation, make any discrimination in transportation against 
 any person, locality or corporation unless authorized by commis- 
 sion, or if any railroad company shall charge more for a short 
 haiil than for a long one under substantially similar circum- 
 stances and conditions without the sanction of commission, such 
 person or corporation in either case shall be guilty of extortion 
 and may be punished therefor criminally besides being liable 
 civilly. Code igo6, sec. 48JQ. 
 
 The parties injiired may recover of the person or corporation 
 guilty of extortion twice the amount of damages sustained by 
 1826 the overcharge or discrimination, as the case may be. Same, 
 sec. 4840. 
 
 Any railroad which shall commit extortion in rates, or by 
 discrimination, shall be guilty of a misdemeanor, and on convic- 
 tion shall be punished by a fine not less than $100; but the rail- 
 
 1826 road cannot be punished criminally if its tariff of charges shall 
 have been approved by commission and if the charge com- 
 plained of be not variant from that allowed thereby. Same, 
 sec. 4841. 
 
 It is unlawful for any railroad to make or allow any rebate 
 or reduction from the tariffs of charges fixed or approved by 
 
 1827 commission in favor of any person, place or corporation by a 
 change in or deviation from the rates so fixed or approved, unless 
 such change or deviation be first allowed by commission. Sa^ne, 
 sec. 4844. 
 
 If any railroad shall make any rebate, reduction or allowance 
 in freight or passenger rates from the rates approved or fixed by 
 commission, without its consent first had, or shall give to any 
 
 1828 person a free pass or ticket or transport him free of charge con- 
 trary to law, or shall fail to make due report of free passes 
 granted, such railroad shall in either case be guilty of a misde- 
 meanor and on conviction shall be fined not less than $100. 
 Same, sec. 4845. 
 
 MISSOURI When any common carrier shall have estab- 
 
 lished and published its rates, fares and charges in compliance 
 with the provisions of law, the same not being in excess of any 
 statutory maximvim rates now or that may be hereafter in force, 
 it shall be unlawful for any such common carrier to charge, de- 
 
 1829 mand, collect or receive from any person or persons, a greater or 
 less compensation for the transportation of property or for any 
 service in connection therewith than is specified in such pub- 
 
 454 
 
lished schedules of rates, fares and charges as may at the time 
 be in force except as may be specifically permitted. Rev. Stats. 
 igoQ, sec. jiSy. 
 
 Any railroad corporation which shall fix, demand, take or 
 receive from any person or persons any greater toll or compensa- 
 tion for the transportation, receipt, handling or delivery of goods 
 or merchandise in violation of the provisions of this article shall 
 forfeit and pay for any such offense any sum not exceeding $i,ooo, 
 
 1830 and costs of suit, including a reasonable attorney's fee, to be 
 taxed by any court where the same is held by appeal or otherwise, 
 to be recovered by civil action by the party aggrieved, in any 
 court having jurisdiction thereof; and any officer, agent or em- 
 ploye of any such railroad corporation who shall knowingly or 
 wilfully violate the provisions of this article shall be liable to the 
 penalties prescribed in this section. Same, sec. 3211. 
 
 In no instance shall any individual, company or corporation, 
 lessee or other person charge or receive any greater rate of com- 
 pensation for carrying freight or passengers than by law pro- 
 vided, and any individual, company or corporation violating or 
 in any way evading the provisions of this article shall forfeit all 
 right to recover or receive any compensation whatever for the 
 service rendered wherein such violation is attempted; and every 
 agent of any such corporation, lessee or other individual operat- 
 ing any railroad within the state who shall refuse to receive for 
 transportation over the road for which he is agent in the usual 
 
 1831 way any of the articles provided for on account of the compensa- 
 tion by law prescribed being too low, or receiving any such arti- 
 cles of freight, shall charge or attempt to charge for the trans- 
 portation of the same any greater sum than fixed by law or shall 
 in any manner violate or attempt to violate or evade the pro- 
 visions of this article, shall be deemed guilty of a misdemeanor, 
 and on conviction thereof shall pay a fine of not exceeding $200 
 for each and every oifense, and the injured party shall have a 
 right of action against such agent or against the railroad com- 
 pany or other persons operating the railroad, or both, in which 
 case he shall be entitled to recover three times the amount taken 
 or received from him in excess of the rate prescribed by this arti- 
 cle. Same, sec. 3248. 
 
 1832 Also a provision identical with par. 18 13. Same, sec. 328 8b. 
 See also par. gji. 
 
 MONTANA If any railroad directly or indirectly or by any 
 
 special rate, rebate, drawback or other device shall charge, de- 
 
 455 
 
mand or receive from any person, firm or corporation a greater 
 or less compensation for any service rendered or to be rendered 
 in the transportation of property than that fixed by commission 
 
 1833 for such service, such railroad shall be deemed guilty of extortion 
 and shall forfeit and pay to the state not less than $500, nor 
 more than $2,000 for each offense; provided that nothing herein 
 shall be so construed as to prevent any railroad or railroad cor- 
 poration from giving excursion rates to or from any point within 
 or without the state. Rev. Codes igoy, sec. 4385. 
 
 If any railroad or its agents or officers shall collect, charge, 
 demand or receive from any person, company, firm or corporation 
 a greater rate, charge or compensation than that fixed and estab- 
 lished by commission for the transportation of freight, passengers 
 or cars or for the use of any car on the line of its railroad or any 
 
 1834 line operated by it, or for receiving, forwarding, handling or 
 storing any such freight car or for any other service performed 
 or to be performed by it, such railroad and its agents and officers 
 shall be deemed guilty of extortion and shall forfeit and pay to 
 the state a sum not less than $500 nor more than $2,000. Same, 
 sec. 4386. 
 
 NEBRASKA If any railway company or common carrier by 
 
 or through its officers, agents or employes shall charge, collect, 
 demand or receive from any person or persons, company, firm 
 or corporation a greater rate, charge or compensation than that 
 fixed and established by commission for the transportation of 
 freight, passengers or cars operated by such railway company or 
 
 1835 common carrier, or for receiving, forwarding, handling or storing 
 any such freight or cars or for any other service performed or to 
 be performed by said railway company or carrier, said railway 
 company or carrier shall be guilty of a misdemeanor and upon 
 conviction thereof shall be fined a siun of not less than $1,000, nor 
 more than $5,000 for each offense. Cohhey^s Annot. Stats, igog, 
 sec. 10661. 
 
 If any officer, agent or employe for or on behalf of any rail- 
 way company or carrier shall charge, collect, demand or receive 
 from any person or persons, company, firm or corporation a 
 greater rate, charge or compensation than that fixed and estab- 
 lished by commission for the transportation of freight and pas- 
 
 1836 sengers or cars operated by said railway company or common 
 carrier, said officer, agent or employe shall be guilty of a mis- 
 demeanor and shall upon conviction thereof be fined a sum not 
 less than $100, nor more than $5,000 or be imprisoned in the 
 
 456 
 
county jail of the county wherein conviction was had not less 
 than ten days, nor more than six months or both within the dis- 
 cretion of the court. Same, sec. 1066 1 (a). 
 
 Any officer, agent or employe of any railway company or 
 common carrier who by means of false billing, false classification, 
 false weighing or by any other device shall suffer or permit any 
 person or persons to obtain transportation for propei:ty at less 
 than the regular rates then in force on said line of said railway 
 company or common carrier or any part thereof or who by means 
 of false billing, false classification, false weighing or by any device 
 1837 whatsoever shall charge any person, firm or corporation for the 
 transportation of property other than the rates fixed and estab- 
 lished upon the line of said railway company or common carrier, 
 shall be guilty of a misdemeanor and on conviction thereof shall 
 be fined in a sum not less than $100 nor more than $5,000 or be 
 imprisoned in the county jail in the county wherein conviction 
 was had not less than ten days nor more than 30 days or both 
 within the discretion of the court. Same, sec. 10662(f). 
 
 When commission has reason to believe that any railway 
 company, or common carrier, or any officer, agent or employe 
 thereof, has been guilty of any misdemeanor or misdemeanors, 
 commission shall immediately cause actions to be commenced 
 and prosecuted against such railway companies, common car- 
 riers, agents, officer or employes, as the case may be, which may 
 be brought in the county of the state through or into which the 
 line of the railway company or common carrier sued may extend, 
 
 [ 1838 and in the case of a misdemeanor on the part of any officer, 
 agent or employe as herein defined, shall be brought in the county 
 where the misdemeanor was committed; said actions commenced 
 shall be prosecuted in the name of the state and no such action 
 shall be dismissed without trial unless commission and the attor- 
 ney general consent thereto. Such actions shall have precedence 
 to all other business except criminal cases, cases of similar nature, 
 and such other actions as are herein provided for. Same, sec. 
 10663. 
 
 All of the penalties herein provided, unless otherwise pro- 
 vided for, shall be recovered and suits thereon shall be brought 
 in the name of the state in the proper cotut having jurisdiction 
 
 [ 1839 thereof in any county in this state to or through which said rail- 
 way company or common carrier may be operating a road, by 
 the attorney general, or under his direction. Same, sec. 10663(a). 
 1840 In all suits arising under this chapter the rules of evidence 
 
 457 
 
shall be the same as in ordinary civil actions, except as other- 
 wise provided herein. Same, sec. io66j{b). 
 See also pars. iy62, lydj. 
 
 NEVADA It shall be unlawful for any railroad to charge, 
 
 demand, collect or receive a greater or less compensation for the 
 transportation of passengers or property or for any service in 
 
 1841 connection therewith than is specified in the printed schedules 
 including schedules of joint rates as may at the time be in force, 
 and the rates, fares and charges named therein shall be the lawful 
 rates, fares and charges until the same are changed as provided 
 bylaw. Stats, igoy, ch. 44, sec. 4(c). 
 
 It shall be unlawful for any public utility to charge, demand, 
 collect or receive a greater or less compensation for any service 
 performed by it within the state or for any service in connection 
 therewith than is specified in the printed schedules including 
 
 1842 schedules of joint rates as may at the time be in force, or to de- 
 mand, collect or receive any rate, toll or charge not specified in 
 such schedules. The rates, tolls and charges named therein 
 shall be the lawful rates, tolls and charges until the same are 
 changed as provided by law. Stats. 1911, ch. 162, sec. 12. 
 
 It shall likewise be unlawful for any public utility to grant 
 any rebate, concession or special privilege to any consumer or user, 
 which directly or indirectly shall have or may have the effect of 
 
 1843 changing the rates, tolls, charges or payments, and any violation 
 of the provisions of this section shall subject the violator to the 
 penalty prescribed in section ten of this act. This, however, shall 
 not have the effect of suspending, rescinding, invalidating or in 
 any way affecting existing contracts. Same. 
 
 See also par. 1765. 
 
 NEW YORK A provision for common carriers identical with 
 
 1844 par. 1 81 8. Laws igio, ch. 480, sec. 33(1). 
 
 No gas or electrical corporation shall charge, demand, col- 
 lect or receive a greater or less or different compensation for any 
 service rendered or to be rendered than the rates and charges ap- 
 plicable to such service as specified in its schedule filed and in 
 effect at the time ; nor shall any such corporation refund or remit 
 1846 in any manner or by any device any portion of the rates or charges 
 so specified, nor extend to any person or corporation any form of 
 contract or agreement or any rule or regulation or any privilege 
 or facility except such as are regularly and uniformly extended 
 to all persons and corporations under like ciromistances. Same, 
 sec. 66(12). 
 
 458 
 
ft 
 
 No telegraph or telephone company shall charge, demand, 
 collect or receive a different compensation for any service ren- 
 dered or to be rendered than the charge applicable to such service 
 as specified in its schedule on file and in effect at that time. Nor 
 shall any telegraph or telephone corporation refund or remit 
 
 1846 directly or indirectly any portion of the rate or charge so speci- 
 fied, nor extend to any person or corporation any form of con- 
 tract or agreement or any rule or regulation or any privilege or 
 facility except such as are specified in its schedule filed and in 
 effect at the time and regtilarly and uniformly extended to all 
 persons and corporations under like circumstances for the like 
 or substantially similar service. Same, sec. 92 {2). 
 
 NORTH CAROLINA No railroad, steamboat, express or other trans- 
 portation company engaged in the carriage of freight and no 
 telegraph company or telephone company shall demand, collect 
 
 1847 or receive for any service rendered or to be rendered in the trans- 
 portation of property or transmission of messages more than the 
 rates appearing in the printed tariff of such company in force at 
 the time such service is rendered, or more than is allowed by law. 
 PelVs Revisal igo8, sec. 2642. 
 
 Any railroad company violating any of the provisions of 
 this act, or counseling, ordering or directing any employe, agent 
 or servant to violate any provisions of this act by charging, de- 
 manding or receiving any rate greater than that fixed by this act, 
 
 1848 shall be guilty of a misdemeanor, and on conviction shall be 
 fined not less than $500 and not more than $5,000; and any 
 agent, servant or employe of any railroad companv who shall 
 violate any of the provisions of this act shall be guilty of a misde- 
 meanor, and on conviction shall be fined or imprisoned, or both, 
 in the discretion of the coiut. Same, sec. 3761a. 
 
 Any railroad company doing business in the state or officer 
 or agent thereof who shall give to any person or shipper any ad- 
 vantage over another person or shipper under like circumstances 
 by way of any rebate or reduced rate not authorized by law or by 
 commission, or which shall make charges for shipments of 
 
 1849 freight in violation of the provisions of law or shall wilfully 
 discriminate in the matter of service in favor of one person or 
 corporation against another under lil<:e circumstances, shall be 
 guilty of a misdemeanor and such corporation shall upon convic- 
 tion be fined not less than $100, and such officer or agent shall be 
 fined or imprisoned or both in the discretion of the court. Acts 
 igoy, ch. 217, sec. 2. 
 
 459 
 
NORTH DAKOTA A provision for railroads, railroad corporations 
 
 1860 or common carriers substantially identical with par. 1812. Rev. 
 Codes I go 5, sec. 4341. 
 
 OHIO No public utility shall charge, demand, exact 
 
 receive or collect a different rate, rental, toll or charge for any 
 services rendered or to be rendered than that applicable to such 
 service as specified in its schedule filed with commission and in 
 
 1861 effect at the time. Nor shall any public utility refund or remit 
 directly or indirectly any rate, rental, toll or charge so specified 
 or any part thereof, nor extend to any person, firm or corporation 
 any rule, regulation, privilege or facility except such as are speci- 
 fied in such schedule and regularly and uniformly extended to all 
 persons, firms and corporations under like circumstances for the 
 like or substantially similar service. Laws igii, no. J2j, sec. 20. 
 
 See also par. 1773. 
 
 OKLAHOMA All agents of railroad and express companies 
 
 doing business in the state are prohibited from knowingly charg- 
 ing, collecting or receiving pay for any goods, wares, packages, 
 
 1852 merchandise or any article whatever that may be sent or received 
 by or through their respective offices in excess of the regular rates 
 charged for the same. Sess. Laws igo8, ch. 13, art. in, sec. i. 
 
 All agents or operators for any telegraph or telephone com- 
 pany doing business in the state are prohibited from knowingly 
 
 1863 charging, collecting or receiving pay for any message sent or 
 received by them in excess of the regular rate charged for the 
 same. Same, sec. 2. 
 
 Any person who shall violate the provisions of sections one 
 and two of this act shall be deemed guilty of a misdemeanor, and 
 
 1864 upon conviction thereof shall be fined in any sum not less than 
 $25, nor more than $200. Same, sec. 4. 
 
 OREGON Substantially identical with pars. 1841, 1842. 
 
 1866 Gen. Laws igoy, ch. 53, sec. 16. Gen. Laws igii, ch. 27g, sec. 31. 
 See also pars. 1776, 1777. 
 
 RHODE ISLAND See par. i77g. 
 
 SOUTH CAROLINA A provision substantially identical with par. 
 
 1866 1807. Gen. Stats. igo2, sees. 1733, 2og^. 
 
 If any railroad company shall violate the provisions of this 
 chapter, either by exceeding the rates of storage prescribed, or by 
 discr'minating, the person or persons so paying such over- 
 charge or subjected to such discrimination shall have the right 
 
 460 
 
to sue for the same in any court of this state having jurisdiction 
 1867 of the claim, and shall have all the remedies and be entitled to 
 recover the same penalties and measure of damages as is pre- 
 scribed in the case of overcharge of freight rates, upon making 
 like demand as is prescribed in such case and after like failure to 
 pay the same. Same, sees. 1734, 2og6. 
 
 If any railroad corporation shall make any unjust discrimina- 
 tion in its rates and charges of toll as compensation for trans- 
 portation of passengers or freights of any description or for the 
 use and transportation of any railroad car upon its said road or 
 upon any of the branches thereof, or upon any railroad con- 
 nected therewith which it has the right, license or permission 
 
 1858 to operate or control within the state, the same shall be deemed 
 guilty of having violated the provisions of this chapter, and upon 
 conviction thereof shall be fined in a simi not less than $100 nor 
 more than $1 ,000. It shall be unlawful for any person so engaged 
 as aforesaid or person engaged solely in the shipment or receiving 
 of property directly or indirectly to allow or receive any rebate, 
 drawback or other advantage in any form upon shipment made 
 or services rendered or received by them as aforesaid. Same, 
 sec. 2084. 
 
 See par. 853. 
 
 SOUTH DAKOTA When any common carrier shall have estab- 
 lished and published its rates, fares and charges in compliance 
 with the provisions of law, it shall be unlawful for such common 
 carrier to charge, demand, collect or receive from any person or 
 persons a greater or less compensation for the transportation of 
 
 1859 passengers' property, express and messages by telephone, or for 
 any services in connection therewith than is specified in such 
 published schedule of rates, fares and charges as may at the time 
 be in force. Sess. Laws igii, ch. 2oy, sec. 10. 
 
 An express company which shall charge a different rate for 
 transportation of any express than the charges established in 
 
 1860 this act shall upon conviction pay a fine of not less than $10, nor 
 more than $500. Sess. Laws igog, ch. ijp, sec. 7. 
 
 TENNESSEE It shall be unlawful for any person or corpora- 
 
 tion to make any rebate or reduction from the published tariffs 
 in favor of any person, locality or corporation which shall not be 
 
 1861 made in favor of all other persons, localities or corporations by 
 change in such published rates except as may be allowed by com- 
 mission. Acts i8gy, ch. 10, sec. 22. 
 
 461 
 
Any person or corporation who shall make any reduction or 
 rebate prohibited by this act without approval of commission 
 
 1862 shall be guilty of a misdemeanor and upon conviction shall be 
 iined not less than $ioo, nor more than $500. Same, sec. 23. 
 
 TEXAS If any railroad company or its agent or officer 
 
 shall charge, collect, demand or receive from any person, com- 
 pany, firm or corporation a greater rate, charge or compensation 
 than that fixed and established by commission for the transporta- 
 tion of freight, passengers or cars or for the use of any car on the 
 
 1863 line of its railroad or any line operated by it or for receiving, 
 forwarding, handling or storing any such freight or cars or for 
 any other service performed or to be performed by it, such rail- 
 road company and its said agent and officer shall be deemed 
 guilty of extortion and shall forfeit and pay to the state a sum 
 not less than $100 nor more than $5,000. Sayles^ Civ. Stats. 
 1897, art. 4573. 
 
 Every express company which shall demand or receive a 
 greater compensation than that which may be prescribed and fixed 
 by commission for the transportation of any class or kind of prop- 
 erty, money, papers, packages or things shall be deemed guilty 
 
 1864 of extortion and shall forfeit and pay to the state a sum not to 
 exceed $500 for each offense; provided, that if it shall appear that 
 such violation was not wilful, said company shall have ten days 
 to refund such overcharges or damages in which case the penalty 
 shall not be incurred. Commission shall sue for a recovery of 
 same in the same manner as may be prescribed by law for like 
 suits against railroad companies. Same, art. 4583. 
 
 VIRGINIA When commission shall have either author- 
 
 ized or prescribed and published any rates, fares and charges, it 
 shall be unlawful for any company to charge, demand, collect 
 or receive from any person or persons a greater or less compensa- 
 
 1865 tion for the transportation of passengers or property or for any 
 service in connection therewith than is specified in such published 
 schedule of rates, fares and charges so authorized or prescribed 
 and published by commission unless or until changed by com- 
 mission. Pollard's Code 1904, sec. I2g4c{7). 
 
 WASHINGTON A provision for common carriers substantially 
 
 identical with par. 181 8; also a provision for gas, electrical or 
 
 1866 water companies substantially identical with par. 1845; also a 
 provision for telephone or telegraph companies substantially 
 identical with par. 1846. Laws igii, ch. 117, sees. 18, 2Q, 40. 
 
 462 
 
No wharfinger or warehouseman shall charge, demand, col- 
 lect or receive a greater, less or different compensation for any 
 service rendered or to be rendered than the rates charged ap- 
 plicable to such service specified in its schedule filed and in effect 
 
 1867 at the time. Nor shall any such wharfinger or warehouseman 
 directly or indirecth^ refund or remit in any manner or by any 
 device any portion of the rate or charge so specified. No 
 wharfinger or warehouseman shall extend to any person or cor- 
 poration any form of contract or agreement or any rule or regu- 
 lation or any privilege or facility except as are regularly and 
 uniformly extended to all persons and corporations under like 
 circumstances. Same, sec. 4Q. 
 
 WISCONSIN Substantially identical with pars. 1841, 1842. 
 
 Laws iQOj, ch. J62, sec. iyg'/-4{c). Laws 190J, ch. 4gg, sec- 
 
 1868 lygym-jj. 
 
 See also pars. lySp, i/go. 
 
 C. CHARGING A LESS COMPENSATION IN 
 CONSIDERATION OF THE FURNISHING BY 
 UTILITIES OF ANY PART OF THE FACIL- 
 ITIES INCIDENT TO THE SERVICE. 
 
 UNITED STATES If the owner of property transported directly 
 or indirectly renders any service connected with such transporta- 
 tion or furnishes any instrumentality used therein, the charge 
 and allowance therefor shall be no more than is just and reason- 
 able, and commission may, after hearing on a complaint or on 
 
 1869 its own initiative, determine what is a reasonable charge as the 
 maximum to be paid by the carrier or carriers for the services 
 so rendered or for the use of the instrumentality so furnished, and 
 fix the same by appropriate order, which order shall have the 
 same force and effect and be enforced in like nianner as the orders 
 provided for under this section. Act to Regulate Commerce, sec. 
 15- 
 
 ALABAMA No railroad, common carrier, agent or officer 
 
 thereof shall demand, charge, collect or receive from any person, 
 firm or corporation a less compensation for transportation of 
 
 1870 property or for any service rendered or to be rendered by said 
 railroad in consideration of said person, firm or corporation 
 furnishing any part of the facilities incident thereto. Code igoy, 
 sec. 5532. 
 
 463 
 
MICHIGAN It shall be unlawful for any common carrier 
 
 to demand, charge, collect or receive from any person, firm or cor- 
 poration a less compensation for the transportation of property 
 or for any service rendered or to be rendered by said common 
 carrier in consideration of said person, firm or corporation fur- 
 
 1871 nishing any part of the facilities incident thereto ; provided that 
 nothing shall be construed as prohibiting any common carrier 
 from procuring any facilities or service incident to the trans- 
 portation, and paying a reasonable compensation therefor. 
 Pub. Acts iQog, no. 300, sec, 16. 
 
 NEVADA, OHIO A provision for railroads identical with par. 
 
 1 87 1. Nev. — Stats, igoy, ch. 44, sec. 22(a); Ohio — Code igio 
 
 1872 sec. 566. 
 
 OREGON A provision for railroads substantially iden- 
 
 1873 tical with par. 1871. Gen. Laws 1907, ch. 53, sec. 48. 
 
 It shall be unlawful for any public utility to demand, charge, 
 collect or receive from any person, firm or corporation less com- 
 pensation for any service rendered or to be rendered by said 
 public utility in consideration of the furnishing by said person, 
 firm or corporation of any part of the facilities incident thereto; 
 provided nothing shall be construed as prohibiting any public 
 utility from renting any facilities incident to the transportation 
 
 1874 of persons or property by street railroad, or to the production, 
 transmission, delivery or furnishing of heat, light, water or power 
 or the conveyance of telephone messages, and paying a reason- 
 able rental therefor, or as requiring any public utility to furnish 
 any part of such appliances which are situated in and upon the 
 premises of any constimer or user except telephone station equip- 
 ment upon the subscriber's premises, and unless otherwise or- 
 dered by commission meters and appliances for measurements of 
 any product or service. Gen. Laws igii, ch. 2yg, sec. 64. 
 
 PENNSYLVANIA If the owner of property transported by com- 
 mon carriers directly or indirectly renders any service connected 
 with such transportation or furnishes any instrumentality used 
 
 1876 therein, the charge and allowance therefor shall not be more than 
 is just and reasonable and commission may after hearing on a 
 complaint determine what is a reasonable charge as the maximum 
 to be paid by the carrier or carriers for the service so rendered or 
 for the instrumentality so furnished. Laws igo^, no. 250, sec. g. 
 
 WISCONSIN Identical with pars. 1871, 1874, except that 
 
 1876 in par. 1874 ''the transportation of persons or property by street 
 
 464 
 
railroad" is omitted. Laws 1905, ch. 362, sec. i^gy-22{a). Laws 
 igoj, ch. 4QQ, sec. lyg'jm-go, as amended by Laws igog, ch. 21 j. 
 
 D. CHARGING A LESS COMPENSATION IN 
 CONSIDERATION OF THE SIZE OF THE 
 SHIPMENT OR THE EXTENT OF THE 
 SERVICE. 
 
 IOWA No common carrier shall charge, collect, de- 
 
 mand or receive more for transporting a car of freight than it at 
 the same time charges, collects, demands or receives per car for 
 several cars of a like class of freight over the same railway, for 
 the same distance, in the same direction; nor charge, collect, 
 demand, or receive more for transporting a ton of freight than 
 it charges, collects, demands, or receives per ton for several tons 
 of freight under a carload of a like class over the same railway, 
 
 1877 for the same distance, in the same direction; nor charge, collect, 
 demand, or receive more for transporting 100 pounds of freight 
 than it charges, collects, demands, or receives per 100 for several 
 hundred pounds of freight, under a ton, of a like class, over the 
 same railway, for the same distance, in the same direction; and all 
 such discriminating rates, charges, collections, or receipts, 
 whether made directly or by means of any rebate, drawback, or 
 other shift or evasion, shall be received as prima facie evidence 
 of the unjust discrimination prohibited by this chapter. Code 
 i8gy, sec. 2146. 
 
 For the protection and development of any new industry 
 within the state, such railway company may grant concessions or 
 
 1878 special rates for any agreed number of carloads, which rates shall 
 first be approved by commission and a copy thereof filed in its 
 office. Same. 
 
 See also par. 1746. 
 
 KENTUCKY When one or more carloads of freight shall be 
 
 transported at the same time for different persons, and for each 
 shipper a carload or more, such shipment shall be considered and 
 taken as the same quantity of freight within the meaning of this 
 law, and when less than a carload of freight, and over 5,000 
 
 1879 pounds, are transported at the same time for different shippers, 
 and for each shipper 5,000 pounds, such shipment shall be con- 
 sidered and taken as the same quantity of freight, and when over 
 500 pounds and less than 5,000 pounds are transported at the 
 
 465 
 
same time for different shippers, and for each shipper said quan- 
 tity of freight, such shipment shall be considered and taken as 
 the same quantity of freight. Carroll's Stats, igog, sec. 8i8. 
 
 MINNESOTA One carload of freight of any kind or class 
 
 shall be transported at as low a rate per ton, and per ton per 
 
 1880 mile, as any greater number of carloads of the same kind and 
 class from and to the same points of origination or destination. 
 Rev. Laws igoj, sec. 2ooy. 
 
 MISSOURI Substantially identical with pars. 1877, 1878. 
 
 1881 Rev. Stats, igog, sec. 3181. 
 
 NEW HAMPSHIRE See par. iyg6. 
 
 NORTH DAKOTA Provisions for railroads, railroad corporations 
 or common carriers substantially identical with pars. 1877, 1878. 
 
 1882 Rev. Codes igo^, sec. 4370. 
 
 See also par. 1772. 
 
 OHIO See par. 732. 
 
 SOUTH DAKOTA Provisions for common carriers (the transpor- 
 tation of freight or express) substantially identical with pars. 
 
 1883 1877, 1878. Sess. Laws igii, ch. 207, sec. 28. 
 
 WASHINGTON Nothing in this act shall be taken to prohibit a 
 
 gas, electrical or water company from establishing a sliding scale 
 
 1884 of charges whereby a greater charge is made per unit for a lesser 
 than a greater quantity for gas, electricity or water or any service 
 rendered or to be rendered. Laws igii, ch. 117, sec. 32. 
 
 E. CHARGING A GREATER COMPENSATION 
 FOR A SHORTER THAN FOR A LONGER DIS- 
 TANCE SERVICE. 
 
 UNITED STATES It shall be unlawful for any common carrier to 
 charge or receive any greater compensation in the aggregate for 
 the transportation of passengers or of like kind of property for 
 a shorter than for a longer distance over the same line or route 
 in the same direction, the shorter being included within the 
 
 1885 longer distance, or to charge any greater compensation as a 
 through route than the aggregate of the intermediate rates; but 
 this shall not be construed as authorizing any common carrier 
 to charge or receive as great compensation for a shorter as for a 
 longer distance. Act to Regulate Commerce, sec. 4. 
 
 466 
 
upon application to commission such common carrier may 
 in special cases after investigation be authorized by commission 
 
 1886 to charge less for longer than for shorter distances for the trans- 
 portation of passengers or property; and commission may from 
 time to time prescribe the extent to which such designated common 
 carrier may be relieved from the operation of this section. Same. 
 
 No rates or charges lawfully existing at the time of the pas- 
 sage of this amendatory act shall be required to be changed by 
 reason of the provisions of this section prior to the expiration of 
 
 1887 six months after the passage of this act, nor in any case where 
 application shall have been filed before commission in accordance 
 with the provisions of this section until a determination of such 
 application by commission. Same. 
 
 Whenever a carrier by railroad shall, in competition with a 
 water route or routes reduce the rates on the carriage of any spe- 
 cies of freight to or from competitive points, it shall not be per- 
 
 1888 mitted to increase such rates unless after hearing by commission 
 it shall be foimd that such proposed increase rests upon changed 
 conditions other than the elimination of water competition. 
 Same. 
 
 ARIZONA A provision for common carriers substantially 
 
 1889 identical with par. 1885. Sess. Laws IQ12, ch. go, sec. 24(a). 
 
 No telephone or telegraph corporation shall charge or re- 
 ceive any greater compensation in the aggregate for the trans- 
 mission of any long distance message or conversation for a 
 shorter than for a longer distance over the same line or route in 
 the same direction, the shorter being included within the longer 
 
 1890 distance, or charge any greater compensation for a through 
 service than the aggregate of the intermediate rates or tolls sub- 
 ject to the provisions of this act ; but this shall not be construed as 
 authorizing any such telephone or telegraph corporation to 
 charge and receive as great a compensation for a shorter as for a 
 longer distance. Same, sec. 24(b). 
 
 Upon application to commission a telephone or telegraph 
 corporation may in special cases after investigation be author- 
 ized by commission to charge less for a longer than for a shorter 
 
 1891 distance service for the transmission of messages or conversa- 
 tions, and commission may from time to time prescribe the 
 extent to which such telephone or telegraph corporation may be 
 relieved from the operation and requirements of this section. 
 Same, sec. 24(c). 
 
 467 
 
ARKANSAS All individuals, associations and corporations 
 
 shall have equal rights to have persons and property transported 
 over railroads in the state, and no unjust or undue discrimina- 
 tions shall be made in charges for or any facilities for trans- 
 portation of freight or passengers within the state. Persons and 
 
 1892 property transported over any railroad shall be delivered at any 
 station at charges not exceeding the charges for transportation of 
 persons and property of the same class in the same direction to 
 any more distant station, but exciirsion, immigration and com- 
 mutation tickets may be issued at special rates. Kirby^s Digest 
 igo4, sec. 6j22. 
 
 It shall be unlawful for any person or corporation to demand 
 or receive any greater amount of compensation for a similar 
 amount and kind of property for receiving, storing, loading, un- 
 loading, carrying or delivering the same under similar circum- 
 
 1893 stances and conditions for a shorter than for a longer distance, 
 which includes the shorter distance; and the road of any person 
 or corporation shall include all the railroads in use by it, whether 
 owned or operated by it under a contract, agreement or lease by 
 such corporation or with which it has a traffic contract. Same, 
 sec. 6807. 
 
 CALIFORNIA Provisions for common carriers substantially 
 
 1894 identical with pars. 1885, 1886. Stats, igii, ist. ex. sess., ch. 
 14, sec. 24(a). 
 
 Also provisions for telephone and telegraph corporations 
 1896 identical with pars. 1890, 1891. Same, sec. 2 4(b). ^ 
 
 CONNECTICUT No railroad company shall charge or receive 
 
 for the transportation of freight to any station on its road a 
 greater sum than is at the time charged or received for the trans- 
 portation of the like kind and quantity of freight from the same 
 original point of departure and under similar circumstances to a 
 station at a greater distance on its road in the same direction. 
 
 * No discrimination in charges or facilities for transportation shall be made by any 
 railroad or other transportation company between places' or persons, or in the facilities for 
 the transportation of the same classes of freight or passengers within this state. It shall 
 be unlawful for any railroad or other transportation company to charge or receive any 
 greater compensation in the aggregate for the transportation of passengers or of like kind 
 of property for a shorter than for a longer distance over the same line or route in the same 
 direction, the shorter being included within the longer distance, or to charge any greater 
 compensation as a through rate than the aggregate of the intermediate rates. Provided, 
 however, that upon application to commission provided for in this constitution such com- 
 
 Eany may, in special cases, after investigation, be authorized by such commission to charge 
 ;ss for longer than for shorter distances for the transportation of persons or property, 
 and commission may from time to time prescribe the extent to which such company may 
 be relieved from the prohibition to charge less for the longer than for the shorter haul. 
 Commission shall have power to authorize the issuance of excursion and commutation 
 tickets at special rates. Nothing herein contained shall be construed to prevent com- 
 mission from ordering and compelling any railroad or other transportation company to 
 make reparation to any shipper on account of the rates charged to said shipper being 
 excessive or discriminatory, provided no discrimination will result from such reparation. 
 Const., art. xii, sec. 21. 
 
 468 
 
Two or more railroad companies whose roads connect shall not 
 charge or receive for the transportation of freight to any station 
 1896 on the road of either of them a greater siim than is at the time 
 charged or received for the transportation of the like kind and 
 quantity of freight from the same original point of departure and 
 under similar circumstances to a station at a greater distance on 
 the road of either of them in the same direction. In the con- 
 struction of this section the simi charged or received for the trans- 
 portation of freight shall include all terminal charges; and the 
 road of a company shall include all the road in use by it whether 
 owned and operated imder a contract or lease. Gen. Stats. iQ02y 
 sec. 3772. 
 
 GEORGIA 
 
 See par. 783. 
 
 ILLINOIS Provisions identical with pars. 1885, 1886. 
 
 1897 Revisal igog, 'ch. 114, sec. igi.^ 
 
 1 If any such railroad corporation shall charge, collect or receive for the transportation 
 of any passenger, or freight of any description, upon its railroad, for any distance, within 
 this state, the same or a greater amount of toll or compensation than is at the same time 
 charged, collected or received for the transportation, in the same direction, of any pas- 
 senger or like quantity of freight of the same class, over a greater distance of the same 
 railroad or if it shall charge, collect or receive, at any point upon its railroad, a higher rate 
 of toll or compensation for receiving, handling or delivering freight of the same class and 
 quantity, than it shall, at the same time, charge, collect or receive at any other point upon 
 the same railroad, or if it shall charge, collect or receive for the transportation of any pas- 
 senger, or freight of any description, over its railroad, a greater amount as toll or com- 
 pensation than shall, at the same time be charged, collected or received by it for the trans- 
 portation of any passenger, or like quantity of freight of the same class, being transported 
 in the same direction, over any portion of the same railroad, of equal distance or if it shall 
 charge, collect or receive from any person or persons a higher or greater amount of toll 
 or compensation than it shall, at the same time charge, collect or receive from any other 
 person or persons for receiving, handling or delivering freight of the same class and like 
 quantity, at the same point upon its railroad; or if it shall charge, collect or receive from 
 any person or persons, for the transportation of any freight upon its railroad, a higher or 
 greater rate of toll or compensation than it shall at the same time charge, collect or receive 
 from any other person or persons, for the transportation of the like quantity of freight 
 of the same class, being transported from the same point, in the same direction, over equal 
 distances of the same railroad; or if it shall charge, collect or receive from any person or 
 persons for the use and transportation of any railroad car or cars upon its railroad, for 
 any distance, the same or a greater amount of toll or compensation than it at the same 
 charged, collected or received from any other person or persons, for the use and trans- 
 portation of any railroad car of the same class or number, for a like purpose, being 
 transported in the same direction, over a greater distance of the same railroad; or if it 
 shall charge, collect or receive from any person or persons, for the use and transportation 
 of any railroad car or cars upon its railroad, a higher or greater rate of toll or compensa- 
 tion, than it shall, at the same time, charge, collect or receive from any other person or 
 persons, for the use and transportation of any railroad car or cars of the same class or 
 number, for a like purpose being transported irom the same point, in the same direction, 
 over an equal distance of the same railroad;" all such discriminating rates, charges, col- 
 lections or receipts, whether made directly, or by means of any rebate, drawback, or other 
 shift or evasion, shall be deemed and taken, against such railroad corporation, as prima 
 facie evidence of the unjust discriminations prohibited by the provisions of this act; and 
 it shall not be deemed a sufficient excuse or justification of such discriminations on the part 
 of such railroad corporation, that the railway station or point at which it shall charge, 
 collect or receive the same or less rates of toll or compensation, for the transportation of 
 such passenger or freight, or for the use and transportation, of such railroad car the 
 greater distance, than for the shorter distance, is a railway station or point at which there 
 exists competition with any other railroad or means of transportation. This section shall 
 not be construed so as to exclude other evidence tending to show tinju.st discrimination 
 in freight or passenger rates. The provisions of this section shall extend and apply to 
 any railroad, the branches thereof, and any road or roads which any railroad corporation 
 has the right, license or permission to use, operate or control, wholly or in part, within 
 this state: provided, however, that nothing herein contained shall be so construed as to 
 prevent railroad corporations from issuing commutation, excursion or thousand mile 
 tickets, as the same are now issued by such corporations. Rev. Stats. 1909, ch. 114, sec. 
 126. 
 
 The following states have substantially identical provisions: Iowa, Code 1897 > sec. 
 2145; North Dakota,f/?ei'. Codes 1905, sec. 4369; South Carolina, Gen. Stats. 1902, sec. 
 20S5; South Dakota, Sess. Laws 1911, ch. 207, sec. 27. 
 
 469 
 
INDIANA It shall be unjust discrimination for any car- 
 
 rier to charge or receive any greater compensation in the aggre- 
 gate for the transportation of like kinds of property or passengers 
 for a shorter than for a longer distance over the same line in the 
 same direction, the shorter distance being included in the longer; 
 provided, that in cases where two or more carriers have lines be- 
 
 1898 tween common points in the state and the line of one of such car- 
 riers is shorter than the other, then the carrier having the longer 
 line between any two such common points may meet the rates 
 between such common points which are established by the route 
 having the shorter line; provided there is bona fide an actual 
 competition between such two routes for the business between 
 such common points. Acts igoy, ch. 241, sec. 13(c). 
 
 Upon application to commission it may for the purpose of 
 preventing manifest injury authorize any such carrier to charge 
 less for longer than for shorter distances for transporting persons 
 and property; provided, that no manifest injustice shall be im- 
 
 1899 posed upon persons, property and places at intermediate points; 
 provided further that nothing herein shall be so construed as to 
 prevent commission from approving what are known as "group 
 rates" on any of the railroads in the state. Same. 
 
 See also par. 1745. 
 
 IOWA It shall be unlawful for any common carrier 
 
 to charge or receive any greater compensation in the aggregate 
 for the transportation of passengers or a like kind of property for 
 a shorter than for a longer distance over its railroad, all or any 
 
 1900 portion of the shorter haul being included within the longer, and 
 shall charge no more for transporting freight to or from any 
 point on its railroad than a fair and just rate, compared with 
 the price it charges for the same kind of freight transportation 
 to or from any other point. Code iSgy, sec. 2126. 
 
 KANSAS It shall be unlawful for any railroad company 
 
 to charge a greater freight rate to haul any class of goods for a 
 
 1901 shorter distance than for a longer one in the same general direc- 
 tion under like conditions and over the same system of road ex- 
 cept by the consent of commission. Gen. Stats, igog, sec. 7214, 
 
 KENTUCKY It shall be unlawful for any person or corpora-^ 
 
 tion owning or operating a railroad in this state or any commoi 
 carrier to charge or receive any greater compensation in the ag- 
 gregate for the transportation of passengers or of property of like 
 kind under substantially similar circtimstances and conditioi 
 
 470 
 
1902 for a shorter than for a longer distance over the same Hne in the 
 same direction the shorter being included within the longer dis- 
 tance; but this shall not be construed as authorizing any common 
 carrier or person or corporation owning or operating a railroad 
 in the state to receive as great compensation for a shorter as for 
 a longer distance. Const., sec. 218. 
 
 Upon application to commission such common carrier or 
 person or corporation owning or operating a railroad in the state 
 may in special cases after investigation by commission be au- 
 thorized to charge less for longer than for shorter distances for 
 
 1903 the transportation of passengers or property; and commission 
 may from time to time prescribe the extent to which such com- 
 mon carrier or person or corporation owning or operating a rail- 
 road in the state may be relieved from the operations of this sec- 
 tion. Same. 
 
 If any person owning or operating a railroad in this state or 
 any common carrier shall charge or receive any greater compensa- 
 tion in the aggregate for the transportation of passengers or 
 property of like kind under substantially similar circumstances 
 and conditions for a shorter than for a longer distance over the 
 
 1904 same line in the same direction, the shorter being included within 
 the longer distance, such person shall for each offense be guilty 
 of a misdemeanor, and fined not less than $100 nor more than 
 $500, to be recovered by indictment in the Franklin circuit court 
 or the circuit court of any county into or through which the rail- 
 road or common carrier so violating runs or carries on its business. 
 CarrolVs Stats, igog, sec. 820. 
 
 Upon complaint made to commission that any railroad or 
 common carrier has violated the provisions of this section, it shall 
 be the duty of commission to investigate the grounds of com- 
 plaint, and if after such investigation commission deems it proper 
 to exonerate the railroad or common carrier from the operation 
 of the provisions of this section, an order in writing to that effect 
 shall be made by commission, and a copy thereof delivered to the 
 complainant and the railroad or common carrier, and the same 
 shall be published as a part of the report of commission ; and after 
 such order, the railroad or carrier shall not be prosecuted or .fined 
 1906 on account of the complaint made. If commission after inves- 
 tigation fails to exonerate the railroad or carrier from the opera- 
 tion of the provisions of this section, an order in writing to that 
 effect shall be made by commission, and a copy thereof delivered 
 to the complainant and the railroad and common carrier, and the 
 
 471 
 
same shall be published as a part of the report of commission; and 
 after such order, it shall be the duty of commission to furnish a 
 statement of the facts, together with a copy of its order, to the 
 grand jury of any county, the circuit court of which has juris- 
 diction, in order that the railroad company or carrier may be 
 indicted for the offense; and commission shall use proper efforts 
 to see that such company or carrier is indicted or prosecuted. 
 Same. 
 
 LOUISIANA Commission shall prevent railroad, steamboat 
 
 and other water craft, sleeping car, express, telephone and tele- 
 graph lines of the state from charging any greater compensation 
 
 1906 in the aggregate for the like kind of property or passengers or 
 express for a shorter than for a longer distance over the same line 
 unless authorized by commission to do so in special cases. Const. , 
 art. 284. 
 
 See also par. 7pp. 
 
 MARYLAND No common carrier ^hall charge or receive any 
 
 greater compensation in the aggregate for the transportation of 
 passengers or of a like kind of property under substantially sim- 
 ilar circumstances and conditions for a shorter than for a longer 
 
 1907 distance over the same line in the same direction, the shorter 
 being included within the longer distance; but this shall not be 
 construed as authorizing any such common carrier to charge and 
 receive as great a compensation for a shorter as for a longer dis- 
 tance or haul. Laws igio, ch. 180, sec. ig. 
 
 Upon application of a common carrier, commission may by 
 order authorize it to charge less for longer than for shorter dis- 
 tances for the transportation of passengers or property in special 
 cases after investigation by commission, but the order must spec- 
 
 1908 ify and prescribe the extent to which the common carrier making 
 such application is relieved from the operation of this section, 
 and only to the extent so specified and prescribed shall any com- 
 mon carrier be relieved from the operation and requirements of 
 this section. Same. 
 
 MASSACHUSETTS Substantially identical with par. 1896. Acts 
 
 1909 igo6, ch. 46 jy pt. ii, sec. igg. 
 
 See also par. 2058. 
 
 MICHIGAN A provision substantially identical with 'par. 
 
 1907; also a provision identical with par. 1886. Puh. Acts igog, 
 
 1910 no. 300, sec. g. 
 
 See also par. 1412. 
 
 472 
 
I MINNESOTA No carrier shall charge or receive any greater 
 
 compensation for the transportation of passengers or of like kind 
 or c'ass and quantity of property for a shorter than for a longer 
 
 1911 distance over the same line, the shorter being included within the 
 longer distance; but this shall not be so construed as to authorize 
 any carrier to charge or receive as great compensation for a short- 
 er as for a longer distance. Rev. Laws 1905, sec. 201^. 
 
 1912 Also a provision substantially identical with par. 188.6. 
 Same. 
 
 No carrier shall charge or receive any greater compensation 
 per ton per mile for the contemporaneous transportation of the 
 same class of freight for a longer than for a shorter distance over 
 
 1913 the same line in the same general direction, or from the same orig- 
 inal point of departure or to the same point of arrival; but this 
 shall not be construed so as to authorize any carrier to charge a 
 higher rate per ton per mile for a longer as for a shorter distance. 
 Same. 
 
 MISSISSIPPI See pars. 807, 1824, 1825, 1826. 
 
 MISSOURI No railroad corporation organized or doing 
 
 business in the state shall directly or indirectly charge or collect 
 for the transportation of goods, merchandise or property on its 
 said road for any distance any larger or greater amount as toll or 
 compensation than is charged or collected for the transportation 
 of similar quantities of the same class of goods, merchandise or 
 property over a greater distance upon the same road, nor shall 
 such corporation charge different rates for receiving, handling 
 or delivering freight at different points on its road or roads con- 
 
 1914 nected therewith which it has a right to use, nor shall any such 
 railroad corporation charge or collect for the transportation of 
 goods, merchandise or property over any portion of its road a 
 greater amount as toll or compensation than shall be charged or 
 collected by it for the transportation of similar quantities of the 
 same class of goods, merchandise or property over any other por- 
 tion of its road of equal distance; and all such rules, regulations 
 or by-laws of any railroad corporation as fix, prescribe or estab- 
 lish any greater toll or compensation than is by law prescribed are 
 declared to be void. Rev. Stats, igog, sec. 3173, 
 
 It shall be unlawful for any common carrier to charge or 
 
 receive any greater compensation in the aggregate for the trans- 
 
 1916 portation of like kinds of property under similar circumstances 
 
 and conditions for a shorter than a longer distance over the same 
 
 line in the same direction; provided, however, that nothing con- 
 
 473 
 
tained in this section shall apply to the carriage, storage or hand- 
 ling of property either free or at reduced rates for the United 
 States, for the State of Missouri or for any fair, exposition, re- 
 ligious, scientific, benevolent or charitable purposes. Same, 
 sec. 3185. 
 
 MONTANA No railroad or transportation or express com- 
 
 pany shall be allowed to charge, collect or receive under pen- 
 alties which the legislative assembly shall prescribe, any greater 
 
 1916 charge or tolLfor the transportation of freight or passengers to 
 any place or station upon its route or line than it charges for the 
 transportation of the same class of freight or passengers to any 
 more distant place or station upon its route or line within the 
 state. Const., art. xv., sec. 7. 
 
 NEBRASKA No railroad company shall demand, charge, 
 
 collect or receive for the transportation of any merchandise or 
 
 1917 other property upon railroads for any specific distance a greater 
 sum than it demands, charges, collects or receives for a greater 
 distance. Cobbey's Annot. Stats, igog, sec. lojjg. 
 
 If any railway company or common carrier through or by 
 its officers, agents or employes shall charge or receive any greater 
 compensation in the aggregate for transportation of a like kind of 
 
 1918 property or passengers for a shorter than for a longer distance 
 over the same line, the same shall constitute an unjust discrim- 
 ination which is prohibited. Same, sec. 10662(c). 
 
 Upon application to commission any railroad may in special 
 cases to prevent manifest injury be authorized by commission to 
 charge less for longer than for shorter distances for transporting 
 persons and property, and commission shall from time to time 
 prescribe the extent to which such designated railway company 
 
 1919 or common carrier may be relieved from the operation of this 
 provision; provided, that no manifest injustice shall be imposed 
 upon any citizen at intermediate points; provided, further, that 
 nothing herein shall be construed so as to prevent commission 
 from making what are known as ''group rates" and "emer- 
 gency rates" as provided by law on any line or lines of railway in 
 the state. Same. 
 
 It shall be unlawful for any telegraph company, its agents, 
 or operators to demand, charge or receive from any individual, 
 association or corporation a greater sum for the transmission and 
 delivery of any telegram or message over a given distance than 
 it demands, charges or receives for the transmission and delivery 
 
 474 
 
1920 of any telegram or message containing an equal number of words 
 over a greater distance; provided that dispatches transmitted 
 during the night and dispatches for publication in newspapers 
 may be forwarded and delivered at reduced rates; such rates 
 must, however, be uniform to all patrons for the same services. 
 Same, sec. 11956. 
 
 See also pars. 1762, 1763. 
 
 NEVADA Nothing in this act shall be construed so as to 
 
 allow any railroad to charge more for a shorter than for a longer 
 
 1921 haul either for passengers or freight when the shorter haul is in- 
 cluded within the longer, or to authorize commission to allow 
 such charge to be made. Stats. iQoy, ch. 44, sec. 7, as amended 
 by Stats. 190Q, ch. 121, sec. j. 
 
 NEW HAMPSHIRE No railroad corporation shall charge or receive 
 for the transportation of freight to any station on its road in the 
 state a greater sum including terminal charges than is at the same 
 time charged or received for the transportation for the like class 
 and quantity of freight from the same original point of departure 
 
 1922 to a station in the state at a greater distance in the same direc- 
 tion on its road. This provision shall apply to corporations 
 operating two or more connecting railroads in the state as if the 
 railroads belonged to or were operated by a single corporation. 
 Pub. Stats., ch. 160, sec. 19. 
 
 If any railroad corporation shall violate the provisions of the 
 preceding section, it shall be fined not exceeding $500, and shall 
 be liable to the party injured for all damages sustained by reason 
 
 1923 of such violation. No such action shall be maintained unless it 
 is brought within two 3'^ears from the date of the violation. Same, 
 sec. 20. 
 
 NEW JERSEY No company shall charge or receive any 
 
 greater rate of compensation for transportation of property be- 
 
 1924 tween way stations or between a terminal station and a way 
 station than for transportation of such property between terminal 
 stations. Laws igoj, ch. 257, sec. 44. 
 
 NEW MEXICO No transportation or transmission company or 
 
 common carrier shall charge or receive any greater compensation 
 in the aggregate for the transportation as intrastate commerce of 
 passengers or a like kind of property or for the transmission of 
 
 1925 the same kind of message between points in the state for a 
 shorter than a longer distance over the same line or route in the 
 same direction, the shorter being included within the longer dis- 
 
 475 
 
tance; but this section shall not be construed as authorizing any 
 such company or common carrier to charge or receive as great 
 compensation for a shorter as for a longer distance; provided, 
 that telegraph and telephone companies may in certain cases 
 with the approval of commission, base their charges upon the air 
 line distances instead of the distances actually traveled by the 
 messages. Const., art. xi., sec. lo. 
 
 Commission may from time to time authorize any such com- 
 pany or common carrier to disregard the foregoing provisions of 
 this section by charging such rates as commission may prescribe 
 as just and equitable between such company or common carrier 
 
 1926 and the public, to or from any junction or competitive points or 
 localities, or where the competition of points located without or 
 within this state may necessitate the prescribing of special rates 
 for the protection of the commerce of this state, or in cases of 
 general epidemic, pestilence, calamitous visitations and other 
 exigencies. Same. 
 
 This section shall not apply to mileage tickets or to any spe- 
 cial excursion or commutation rates; nor to special rates for 
 
 1927 services rendered in the interest of any public or charitable ob- 
 ject, when such tickets or rates shall have been prescribed or au- 
 thorized by commission, nor shall it apply to special rates for 
 services rendered to the United States or this state. Same. 
 
 NEW YORK Identical with pars. 1907, 1908. Laws igio, 
 
 1928 ch. 480, sec. j6. 
 
 NORTH CAROLINA A provision substantially identical with par. 
 
 1929 1907. PeWs Revisal igo8, sec. iioy. 
 
 Upon application to commission such common carrier may 
 in special cases be authorized to charge less for longer than for 
 shorter distances for the transportation of passengers or prop- 
 erty; and commission may from time to time prescribe the extent 
 to which such designated common carrier may be relieved from 
 the operation of this section; provided, that nothing in these 
 19S0 provisions shall be taken as in any manner abridging or control- 
 ling the rates of freight charged by any railroad in this state for 
 conveying freight which comes from or goes beyond the boun- 
 daries of the state and on which freight less than local rates on 
 any railroad carrying the same are charged by such railroads. 
 Same, 
 
 NORTH DAKOTA It shall be unlawful for any railroad, railroad 
 corporation or common carrier to charge or receive any greater 
 
 476 
 
compensation in the aggregate for the transportation of passen- 
 gers or of a like kind of freight or property for a shorter than for a 
 longer distance over its railroads, all or any portion of the shorter 
 haul being included within the longer; and said railroad, railroad 
 corporation or common carrier shall charge no more for trans- 
 porting passengers or freight to or from any point on its railroads 
 than a fair and just rate as compared with the price it charges for 
 the same kind of transportation to. or from any other point; pro- 
 19S1 vided, that all the provisions of this section shall apply to the 
 transportation of passengers and all kinds of freight and property 
 shipped and transported over one or more connecting lines; pro- 
 vided, further, that such connecting lines shall transfer car lots 
 without extra compensation, and shall transfer less than car lots 
 at actual cost for such transfer; and provided, further, that rates 
 charged be made and published by such connecting lines for such 
 continuous shipment upon demand for any shipper or shippers 
 and that such rates so made by two or more connecting lines 
 shall be no greater in the aggregate than the rate would be if 
 shipped continuously upon one line of road. Rev. Codes 1905, 
 sec. 4335. 
 
 OKLAHOMA No transportation or transmission company 
 
 shall charge or receive any greater compensation in the aggregate 
 for transporting the same class of passengers or property or for 
 transmitting the same class of messages over a shorter than a 
 
 1932 longer distance along the same line and in the same direction, the 
 shorter being included in the longer distance, but this section 
 shall not be construed as authorizing any such company to charge 
 or receive as great compensation for a shorter as for a longer dis- 
 tance. Const., art. ix., sec. 30. 
 
 Commission may from time to time authorize any such com- 
 pany to disregard the foregoing provisions of this section by 
 charging such rates as commission may prescribe as just and equi- 
 
 1983 table between points or localities or where the competition of 
 points located without this state may make necessary the pre- 
 scribing of special rates for the protection of the commerce of 
 this state. Same. 
 
 This section shall not apply to mileage tickets or to any spe- 
 cial excursion or commutation rates or to special rates for serv- 
 ices rendered to this state or to the United States or in the 
 interest of some public object, when such tickets or rates shall 
 have been prescribed or authorized by commission. Same. 
 
 OREGON See par. lyyd. 
 
 477 
 
PENNSYLVANIA All individuals, associations and corporations 
 shall have equal right to have persons and property transported 
 over railroads and canals, and no undue or unreasonable dis- 
 crimination shall be made in charges for or any facilities for 
 
 1936 transportation of freight or passengers within the state, or coming 
 from or going to any other state. Persons and property trans- 
 ported over any railroad shall be delivered at any station at 
 charges not exceeding charges for transportation of persons and 
 property of the same class in the same direction to any more dis- 
 tant station; but excursion and commutation tickets may be 
 issued at special rates. Const., art. xvii, sec. 3. 
 
 SOUTH CAROLINA It shall be unlawful for any person or persons 
 engaged in the transportation of property to charge or receive any 
 greater compensation for carrying, receiving, storing, forwarding 
 or handling articles of the same character and description for a 
 shorter than a longer distance in one continuous carriage ; and the 
 road of the corporation shall include all of the road in use by such 
 corporation whether owned or operated under a contract or lease 
 by such corporation; provided, that nothing in these provisions 
 shall be construed as to require any corporation or combination 
 
 1936 of corporations to regulate their charges for shorter distances by 
 their proportion of through rates between terminal or junctional 
 competitive points; provided, further, that if one corporation 
 should use, operate or otherwise control wholly or in part several 
 lines or divisions of hitherto independent railroads within the 
 state that commission may in its discretion conjointly with the 
 said corporations fix different rates of toll or compensation for 
 freight traffic on each of said hitherto independent lines or divi- 
 sions. Gen. Stats, igoz, sec. 2086. 
 
 Commission conjointly with the railroad companies shall 
 
 1937 have authority to make special rates for the purpose of develop- 
 ing all manufacturing, mining, milling and internal improvements 
 in the state. Same. 
 
 See also par. 850. 
 
 SOUTH DAKOTA It shall be unlawful for any common carrier to 
 charge or receive any greater compensation in the aggregate for 
 the transportation of passengers, express, freight, messages by 
 telephone or of a like kind of property for a shorter than for a 
 longer distance over its railway, express or telephone line, all or 
 
 1938 any portion of the shorter haul being included within the longer. 
 And said common carrier shall charge no more for transporting 
 
 478 
 
1939 
 
 freight, express or messages by telephone to or from any point on 
 its lines than a fair and just rate as compared with the price it 
 charges for the transportation of the same kind of freight, express 
 or messages to or from any other point. Sess. Laws igii, ch. 
 2oy, sec. 8. 
 
 Also a provision identical with par. 1886. Same. 
 
 See also par. 1161. 
 
 TENNESSEE If any person owning or operating a railroad in 
 
 the state or any common carrier shall charge or receive any 
 greater compensation in the aggregate for the transportation of 
 passengers or property of like kind under substantially like cir- 
 
 1940 cumstances and conditions for a shorter than a longer distance 
 over the same line in the same direction, the shorter being in- 
 cluded within the longer distance, such person or common carrier 
 shall for each offense be guilty of a misdemeanor and fined not 
 less than $100 nor more than $500. Acts iSgy, ch. 10, sec. 18. 
 
 Commission shall be empowered to suspend section 18 of this 
 
 1941 act when in their opinion the conditions are such that such sus- 
 pension will be beneficial to the best interest of the people and all 
 whom it may concern. Same, sec. 33. 
 
 TEXAS It shall be unjust discrimination for any rail- 
 
 road to charge or receive any greater compensation in the aggre- 
 
 1942 gate for the transportation of like kind of property or passengers 
 for a shorter than for a longer distance over the same lines. 
 Sayles' Civ. Stats. 189'/, art. 4^^4(3). 
 
 Upon application to commission any railroad may in special 
 cases to prevent manifest injury be authorized by commission to 
 charge less for longer than for shorter distances for transporting 
 persons and property, and commission shall from time to time 
 prescribe the extent to which such designated railroad may be 
 
 1943 relieved from the operations of this provision; provided, that no 
 manifest injustice shall be imposed upon any citizen at inter- 
 mediate points; provided, however, that nothing herein shall be 
 so construed as to prevent commission from making what are 
 known as "group rates" on any line or lines of railroad in this 
 state. Same. 
 
 See also par. 1784. 
 
 ''ERM ONT A railroad corporation whose railroad is located 
 
 in the state shall not charge a larger sum for the transportation 
 of freight, merchandise or passengers thereon for a less distance 
 
 L944 to or from a way station on its road than is charged for a greater 
 
 479 
 
distance; and in case of a violation of this provision the excess so 
 charged may be recovered from such corporation by the party 
 aggrieved in an action for money had and received with costs. 
 Puh. Stats. igo6, sec. 4485.^ 
 
 Two or more corporations whose roads connect shall not 
 charge or receive for the transportation of freight to any station 
 on the road of either of them a greater sum than is at the time 
 charged or received for the transportation of the like class and 
 quantity of freight from the same original point of departure to a 
 1946 station at a greater distance on the road of either in the same 
 direction. This section shall not be construed as affecting the 
 right of any railroad corporation to establish such rates on the 
 freights shipped over its line in carload lots from poiats outside 
 the state to poiats beyond the state as may seem for its best 
 interests, and the sum charged or received for the transportation 
 of freight shall include all terminal charges. Same, sec. 4487. 
 
 The person or corporation violating a provision of the two 
 preceding sections shall be liable to the party aggrieved for all 
 
 1946 damages sustained by reason of such violation, in an action on 
 the case; but such sections shall not be so construed as to prevent 
 the issuing of excursion, mileage and commutation tickets. 
 Same, sec. 4488. 
 
 A person or corporation that violates a provision of this 
 
 1947 chapter or any of the provisions of sections 4485 and 4486 shall 
 be fined not more than $1,000 for each offense. Same, sec. 4541 » 
 
 VIRGINIA Provisions identical with pars. 1925, 1927. 
 
 1948 Const., sec. 160. 
 
 Commission may from time to time authorize any such 
 company to disregard the foregoing provisions of this section by 
 charging such rates as commission may prescribe as just and 
 
 1949 equitable between such company and the public to or from any 
 jimction or competitive points or localities, or where the competi- 
 tion of points located without the state may make necessary the 
 prescribing of special rates for the protection of the commerce of 
 this state. Same. 
 
 It shall be unlawful for any transportation company to take, ; 
 charge or receive any greater compensation in the aggregate for; 
 
 1 Every joint stock company or corporation doing an express, parlor car or sleeping 
 car business in this state shall be subject to the provisions of sections 448S and 4486, and 
 of this chapter; and all references and provisions therein or herein contained as to rail- 
 road companies shall be construed to extend and apply to corporations or joint stock com- 
 panies operating express, parlor or sleeping car business within this state. Comftiission 
 IS authorized and empowered to exercise the same authority, control and regulation over 
 and in regard to such companies or corporations and their business, within this state, as 
 is granted it by this chapter in respect to railroad companies. Ptib. Slats. 1906, sec. 4537- 
 
 480 
 
the transportation of passengers of the same class or property 
 along the same line in the same direction for a shorter than for a 
 I960 longer distance, the shorter being included within the longer dis- 
 tance; but this section shall not be construed as authorizing any 
 such company to charge and receive as great compensation for a 
 shorter as for a longer distance. Pollard's Code 1904, sec. 
 
 I2Q4c{l). 
 
 Upon application to commission any such company may in 
 special cases after investigation by commission be authorized to 
 charge less for longer than for shorter distances for the trans- 
 portation of passengers or property, and commission may from 
 
 1951 time to time prescribe the extent to which such designated com- 
 pany may be relieved from the operation of this section; provided, 
 that nothing in these provisions shall be taken as in any manner 
 abridging or controlling the rates of freight charged by any trans- 
 portation company for conveying freight which comes from or 
 goes beyond the boundaries of the state, and on which freight less 
 than local rates on any transportation line carrying the same are 
 charged by such company, but said company shall possess the 
 same power and right to charge such rates for carrying such 
 freight as they possessed before the passage of these provisions. 
 Same. 
 
 Nothing in these provisions shall prohibit railroad or steam- 
 boat companies from making special passenger rates with excur- 
 
 1952 sion or other parties ; also rates on such freights as are necessary 
 for the comfort of such parties subject to the approval of com- 
 mission. Same. 
 
 WASHINGTON No common carrier shall charge or receive any 
 
 greater compensation in the aggregate for the transportation of 
 persons or of a like kind of property for a shorter than for a 
 longer distance over the same liae in the same direction, the 
 shorter being included within the longer distance, or charge any 
 I 1953 greater compensation as a through rate than the aggregate of the 
 intermediate rates; but this shall not be construed as authoriziag 
 any such common carrier to charge and receive as great a com- 
 pensation for a shorter as for a longer distance or haul. Laws 
 1911, ch. iiy, sec. 22. 
 
 Upon application of a common carrier, commission may by 
 order authorize it to charge less for a longer than for a shorter 
 distance for the transportation of persons or property in special 
 cases after investigation by commission, but the order must 
 
 1964 specify and prescribe the extent to which the common carrier 
 
 481 
 
making such application is relieved from the operation of this 
 section, and only to the extent so specified and prescribed shall 
 any common carrier be relieved from the operation and require- 
 ments of this section. Same. 
 
 No telephone or telegraph company shall charge or receive 
 any greater compensation in the aggregate for the transmission 
 of any long distance conversation or message of like kind for a 
 shorter than for a longer distance over the same line in the same 
 direction within this state, the shorter being included within the 
 
 1966 longer distance, or charge any greater compensation for a 
 through service than the aggregate of the intermediate rates; 
 but this order shall not be construed as authorizing any such 
 telephone or telegraph company to charge and receive as great a 
 compensation for a shorter as for a longer distance. Same, 
 sec. 44. 
 
 Upon application of any telephone or telegraph company 
 commission may by order authorize it to charge less for a longer 
 than for a shorter distance service for the transmission of con- 
 versation or messages in special cases after investigation, but the 
 
 1966 order must specify and prescribe the extent to which the tele- 
 phone or telegraph company making such application is relieved 
 from the operation of this section, and only to the extent so 
 specified and prescribed shall any telephone or telegraph com- 
 pany be relieved from the requirements of this section. Same. 
 
 F. GRANTING TO ANY PERSON, CORPORA- 
 TION, LOCALITY OR PARTICULAR DESCRIP- 
 TION OF SERVICE ANY UNDUE OR UN- 
 REASONABLE PREFERENCE OR ADVAN- 
 TAGE, OR SUBJECTING THE SAME TO ANY 
 UNDUE OR UNREASONABLE PREJUDICE OR 
 DISADVANTAGE. 
 
 UNITED STATES It shall be unlawful for any common carrier 
 to make or give any undue or imreasonable preference or ad- 
 vantage to any particiilar person, company, firm, corporation or 
 locality, or any particular description of traffic in any respect 
 
 1967 whatsoever, or to subject any particular person, company, firm, 
 corporation or locality or any particular description of traffic to 
 any imdue or imreasonable prejudice or disadvantage in any 
 respect whatsoever. Act to Regulate Commerce, sec. 3. 
 
 482 
 
ALABAMA If any railroad company or other common 
 
 carrier shall directly or indirectly make or give any undue or un- 
 reasonable preference or advantage to any particular person, 
 firm, corporation or locality or subject any particular person, firm 
 or corporation or locality to any undue or unreasonable prejudice 
 
 1958 or disadvantage in any respect whatsoever, such railroad or com- 
 mon carrier shall be guilty of imjust discrimination, which is 
 prohibited and declared unlawful, and shall be liable to the state 
 in a penalty of not less than $500 nor more than $5,000 for each 
 offense. Code 1907, sec. 5540. 
 
 ARIZONA No public service corporation shall as to rates, 
 
 charges, service, facilities or in any other respect, make or grant 
 any preference or advantage to any corporation or person, or 
 subject any corporation or person to any prejudice or disadvan- 
 
 1969 tage. No public service corporation shall establish or maintain 
 any unreasonable difference as to rates, charges, service, facilities, 
 or in any other respect, either as between localities or as between 
 classes of service. Commission shall have the power to deter- 
 mine any question or fact arising under this section. Sess. Laws 
 igi2, ch. go, sec. ig. 
 
 CALIFORNIA A provision for public utilities identical with 
 
 1960 par. 1959. Stats, igii, ist. ex. sess., ch. 14, sec. ig. 
 
 COLORADO It shall be unlawful for any common carrier 
 
 to make or give any undue or unreasonable preference or advan- 
 tage to any particiilar person, company, firm, corporation or 
 locality or concerning any particular description of freight traffic, 
 
 1961 in any respect whatsoever, or to subject any particular person, 
 company, firm, corporation or locality, or any particular freight 
 traffic, to any undue or unreasonable prejudice or disadvantage, 
 in any such respect whatsoever; provided that perishable prod- 
 ucts and live stock may be made special shipments and handled 
 accordingly. Laws igio, sp. sess., ch. 5, sec. 5. 
 
 INDIANA It shall be an unjust discrimination for any 
 
 railroad company to make or give any undue or unreasonable 
 preference or advantage to any particular person, firm, corpora- 
 tion or locality, in connection with the transportation of any 
 
 1962 persons or property, or to subject any particular kind of traffic, 
 or any particular person, place or locality to any undue or un- 
 reasonable prejudice, delay or disadvantage in any respect 
 whatsoever. Acts igoy, ch. 241, sec. ijia). 
 
 See also par. 1745. 
 
 483 
 
IOWA It shall be unlawful for any common carrier to 
 
 make or give any preference or advantage to any particular per- 
 son, company, firm, corporation or locality, or any particular 
 description of traffic, in any respect whatsoever, or subject any 
 particular person, company, firm, corporation or locality, or any 
 
 1963 particular description of traffic to any prejudice or disad- 
 vantage in any respect whatsoever; but this shall not be con- 
 strued to prevent any common carrier from giving preference 
 as to time of shipment of live stock, imcured meats or other 
 perishable property. Code iSgy, sec. 212$. 
 
 See also par. igoo. 
 
 KANSAS It shall be unlawful for any railroad company 
 
 or other common carrier to grant, any special privileges to any 
 person, firm or corporation, either in the way of a preference in 
 furnishing cars, side track facilities, sites for elevators, mills or 
 warehouses, or any other form of preference, privilege or discrim- 
 ination. It shall be unlawful for any railroad company or other 
 
 1964 common carrier, or any agent or employe thereof, or for any 
 person, firm or corporation to enter into any secret agreement 
 with any firm, person or corporation for the piupose of giving any 
 firm, person or corporation any special privileges, favors or dis- 
 criminations in favor of such firm, person or corporation. Gen. 
 Stats, igog, sec. yi8i. 
 
 See also par. 1747. 
 
 KENTUCKY It shall be imlawful for any corporation to 
 
 make or give any undue or imreasonable preference or advantage 
 to any particular person or locality, or any particular description 
 of traffic, in any respect whatever, in the transportation of a like 
 
 1966 kind of traffic; or to subject any particiilar person, company, 
 firm, corporation or locality, or any particular description of 
 traffic to any undue or unreasonable prejudice or disadvantage. 
 CarrolVs Stats, igog, sec. 818. 
 See also par. 534. 
 
 MARYLAND No gas or electrical corporation shall make or 
 
 grant any undue or unreasonable preference or advantage to any 
 person, corporation or locality, or to any particular description 
 
 1966 of service, in any respect whatsoever, or subject any particular 
 person, corporation or locality or any particular description of 
 service to any undue or imreasonable prejudice or disadvantage 
 in any respect whatsoever. Laws igio, ch. 180, sec. 31M. 
 
 No telegraph or telephone company shall make or give any 
 
 484 
 
tinjust or undue preference or advantage in rates charged or de- 
 manded, or in any other respect whatsoever, or subject any 
 
 1967 particular person, corporation or locality to any unfair prejudice 
 or disadvantage, but shall furnish equal facilities to their patrons 
 and transmit all messages in the order in which they are received. 
 Same, sec. 40. 
 
 See also pars. 537, 538, 539. 
 
 MASSACHUSETTS A railroad corporation shall not in its charge 
 for the transportation of freight, or in the conduct of its freight 
 business, make or give any undue or unreasonable preference or 
 
 1968 advantage to or in favor of any person, firm or corporation, nor 
 subject any person, firm or corporation to any luidue or unrea- 
 sonable prejudice or disadvantage. Acts iqo6, ch. 463, pt. «, 
 sec. 201. 
 
 MICHIGAN A provision identical with par. 1957. Puh. 
 
 1969 Acts iQog, no. 300, sec. ly. 
 
 It shall be unlawful for any telephone corporation to make 
 or give any preference or advantage to any person, company, 
 
 1970 firm, corporation or locality, or subject any person, company, 
 firm, corporation or locality to any prejudice or disadvantage in 
 any respect whatever. Puh. Acts 1911, no. 138, sec. 5. 
 
 MINNESOTA Substantially identical with par. 1957, except 
 
 1971 that "unequal or unreasonable" is used instead of "undue or 
 unreasonable." Rev. Laws 1905, sec. 2009. 
 
 MISSISSIPPI See pars. 382, 808, 1824, 1825, 1826. 
 
 MISSOURI It shall be unlawful for any common carrier 
 
 to make or give any undue or iinreasonable preference or advan- 
 tage to any particular person, company or firm, corporation or 
 locality, in the transportation of goods, wares and merchandise 
 of any character, or to subject any particular person, firm, cor- 
 poration or locality, or any particular description of traffic, to 
 any undue or unreasonable prejudice or disadvantage with 
 respect to such transportation; and all such common carriers 
 
 1972 shall afford equal faciUties for the interchange of traffic between 
 their respective lines and for receiving, forwarding and switching 
 cars and delivering property to and from their lines and to and 
 from other lines and places connected therewith, and shall not 
 discriminate in their accommodation, rates and charges between 
 such connecting lines and places. But this provision shall not 
 be construed as requiring such common carriers to give the use 
 
 485 
 
or their traffic or terminal facilities to other common carriers 
 engaged in a similar business. Rev. Stats, igog, sec. 3184. 
 
 All express companies or corporations are prohibited from 
 discriminating in favor of any particular shipper in any manner 
 whatever, directly or indirectly, by any special rate, rebate, 
 drawback or other device, and it shall be unlawful for any such 
 company or corporation to give any undue or luireasonable pref- 
 erence or advantage to any particular person, company, firm, 
 
 1973 corporation or locality, or any particular description of traffic 
 (or subject the same) to any undue or unreasonable prejudice or 
 disadvantage with respect to such transportation; and all such 
 express companies or corporations shall afford equal facilities for 
 the interchange of traffic between their respective lines and shall 
 not discriminate in their accommodations, rates, classifications 
 or charges between such connecting lines and places. Same, 
 sec. 3289. 
 
 See also par. 545. 
 
 NEBRASBIA If any railway company or common carrier, 
 
 through or by its officers, agents or employes, makes or gives any 
 imdue or unreasonable preference or advantage to any particular 
 person, company, firm, corporation or locality, or subjects any 
 
 1974 particular description of traffic to any undue or unreasonable 
 prejudice, delay or disadvantage in any respect whatsoever, the 
 same shall constitute an tmjust discrimination, which is pro- 
 hibited. Cobbey^s Annot. Stats, igog, sec. 10662(a). 
 
 See also pars. iy6i, 1^62, 1763, 2323. 
 
 NEVADA Identical with par. 1957. Stats, igoy, ch. 44, 
 
 1976 sec. 23. 
 
 NEW HAMPSHIRE No railroad corporation or public utility shall 
 make or give any undue or unreasonable preference or advantage 
 to any person or corporation or to any locality or to any partic- 
 ular description of service, in any respect whatsoever, or subject 
 any particular person or corporation or locality or any particular 
 description of service to any undue or unreasonable prejudice or 
 disadvantage, in any respect whatsoever; provided, however, 
 that the provisions of this section shall not be taken to require 
 absolute uniformity in the charges made and demanded by pub- 
 
 i97« lie utilities when the circttmstances render any lack of uniformity 
 reasonable, or be taken to prevent telephone, telegraph and 
 cable companies from entering into contracts, subject to the 
 approval of commission, with common carriers for the exchange of 
 
 486 
 
services, or to affect existing contracts relating thereto; and pro- 
 vided, further, that said provisions shall not be taken to prohibit 
 a public utility from establishing differential rates or a sliding 
 scale for the automatic adjustment of such charges if said rates 
 or sliding scale, subject to the approval of commission, shall be 
 reasonable and just. Laws igii, ch. 164, sec. y{d). 
 See also par. j4q. 
 
 NEW JERSEY No public utility shall make or give, directly 
 
 or indirectly, any undue or unreasonable preference or advantage 
 to any person or corporation, or to any locality, or to any partic- 
 
 1977 ular description of traffic, in any respect whatsoever, or subject 
 any particular person or corporation or locality, or any partic- 
 ular description of traffic to any prejudice or disadvantage, in 
 any respect whatsoever. Laws igii, ch. igjy sec. i8{d). 
 
 NEW YORK A provision for common carriers substantially 
 
 1978 identical with par. 1957; also a provision for gas or electrical 
 corporations identical with par. 1966. Laws igio, ch. 480, sees. 
 32, 65{3). 
 
 No telegraph or telephone corporation shall make or give any 
 undue or unreasonable preference or advantage to any person, 
 
 1979 corporation or locality, or subject any particular person, corpora- 
 tion or locality to any tmdue or unreasonable prejudice or disad- 
 vantage, in any respect whatsoever. Same, sec. 91 {3). 
 
 Nothing in this chapter shall be construed to prevent any 
 telegraph or telephone corporation from continmng to furnish 
 the use of its lines, equipment or service under any contract or 
 contracts in force at the date this article takes effect, or upon 
 the taking effect of any schedule or schedules of rates subse- 
 quently filed with commission, as hereinafter provided, at the rate 
 
 1980 or rates fixed in such contract or contracts; provided, however, 
 that when any such contract or contracts are or become ter- 
 minable by notice, commission shall have power in its discretion 
 to direct by order that such contract or contracts shall be ter- 
 minated by the telegraph or telephone corporation party thereto, 
 and thereupon such contract or contracts shall be terminated by 
 such telegraph or telephone corporation as and when directed 
 by such order. Same, sec. 91 {4). 
 
 See also pars, 551, 552, 553. 
 
 NORTH CAROLINA If any common carrier shall, directly or in- 
 directly, by any special rate, rebate, drawback or other device, 
 make or give any tmdue or tmreasonable preference or advantage 
 
 487 
 
to any particular person, company, firm, corporation or locality, 
 or any particiilar description of traffic, in any respect whatso- 
 ever, or shall subject any particular person, company, firm, cor- 
 
 1981 poration or locality, or any particular description of traffic, to 
 any undue or imreasonable prejudice or disadvantage, in any 
 respect whatsoever, such person or corporation shall be, upon 
 conviction thereof, fined not less than $i,ooo, nor more than 
 $5,000 for each and every offense. PelVs Revisal igo8, sec. 
 3749- 
 
 NORTH DAKOTA A provision for railroads, railroad corpora- 
 tions or common carriers identical with par. 1963. Rev. Codes 
 
 1982 1905, sec. 4333. 
 
 See also pars. 1769, lyjo, 1931. 
 
 OHIO A provision for common carriers substantially 
 
 1983 identical with par. 1957. Code igio, sec. j6y. 
 
 No public utility shall make or give any tmdue or imreason- 
 able preference or advantage to any person, firm, corporation or 
 
 1984 locality, or subject the same to any undue or unreasonable preju- 
 dice or disadvantage, in any respect whatsoever. Laws igii, 
 no. 325, sec. 17. 
 
 The furnishing by any public utility of any product or serv- 
 ice at the rates and upon the terms and conditions provided for 
 in any existing contract executed prior to the passage of this act 
 shall not be construed as constituting a discrimination or imdue 
 or unreasonable preference or advantage within the meaning 
 1986 specified; provided, however, that when any such contract or 
 contracts are or become terminable by notice, commission shall 
 have power in its discretion to direct by order that such contract 
 or contracts shall be terminated as and when directed by such 
 order. Same, sec. 21. 
 
 See also par. §59. 
 
 OKLAHOMA See par. 326. 
 
 OREGON If any railroad shall make or give any undue 
 
 or unreasonable preference or advantage to any particular per- 
 son, firm or corporation, or shall subject any particular person, 
 firm, or corporation, or particular description of traffic, to any 
 tindue or unreasonable prejudice or disadvantage, in any respect 
 
 1986 whatsoever, such railroad shall be deemed guilty of imjust dis- 
 crimination, which is prohibited and declared unlawful; provided 
 this section shall not prohibit any railroad from giving necessary 
 
 488 
 
preference to live stock and perishable freight over other freight. 
 Gen. Laws iQoy, ch. 55, sec. 4Q. 
 
 If any raikoad shall make or give any undue or unreasonable 
 preference or advantage to any particular locality, or shall sub- 
 ject any particvilar locality to any undue or unreasonable preju- 
 dice or disadvantage, in any respect whatsoever, such railroad 
 
 1987 shall be deemed guilty of unjust discrimination, which is pro- 
 hibited and declared unlawful; provided this section shall not 
 prohibit any railroad from giving any necessary preference to 
 live stock and perishable freight over other freight. Gen. Laws 
 igoQ, ch. p7, sec. i. 
 
 If any public utility shall make or give any undue or im- 
 reasonable preference or advantage to any particular person, 
 firm or corporation, or to any particular locality, or shall subject 
 any particular person, firm, corporation or locality to any undue 
 or unreasonable prejudice or disadvantage, in any respect what- 
 
 1988 soever, such public utiUty shall be deemed guilty of unjust dis- 
 crimination, which is prohibited and declared unlawful. Any 
 person, firm or corporation convicted of violating any of the pro- 
 visions of this section shall forfeit and pay into the state treasury 
 not less than $100, nor more than $10,000 for each offense; and 
 any agent or officer of any public utility, person, firm or corpora- 
 tion so offending shall be deemed guilty of a misdemeanor, and 
 on conviction thereof shall be punished by a fine of not less than 
 $100, nor more than $1,000 for each offense. Gen. Laws 1911, 
 ch. 2jg, sec. 6^. 
 
 See also pars. 748, 2325. 
 
 PENNSYLVANIA See par. 1778. 
 
 RHODE ISLAND If any public utility shall make or give any 
 undue or unreasonable preference or advantage to any partic- 
 ular person, firm or corporation, or shall subject any particular 
 person, firm or corporation to any undue or imreasonable preju- 
 
 1989 dice or disadvantage, in any respect whatsoever, such public 
 utility shall be deemed guilty of a misdemeanor, and upon con- 
 viction thereof shall be fined not less than $200 nor more than 
 $500 for each offense. Acts 191 2, ch. 795, sec. 40. 
 
 SOUTH CAROLINA No telephone company shall make any differ- 
 ence in the rates at which they f Lunish telephones and telephone 
 service to its patrons or subscribers at its different offices or 
 places of business in the several cities or towns, more than is nec- 
 essary on account of the difference in the cost of supplying such 
 
 489 
 
telephones and telephone service, the number of its sub- 
 
 1990 scribers at its different offices or places of business being taken 
 into consideration. Any telephone company which shall \dolate 
 the provisions of this section shall pay a forfeit to each of its 
 subscribers or patrons when it charges such higher rate double 
 the difference between the rate so unlawfully charged and the 
 rate which shoiild be charged, according to the provisions of this 
 section, to be recovered by suit in any court of competent juris- 
 diction. Gen. Stats. igo2, sec. 2222. 
 
 SOUTH DAKOTA Identical with par. 1963. Sess. Laws igii, 
 
 1991 ch. 20^, sec. 7. 
 
 See also pars. lySo, 1938. 
 
 TENNESSEE A provision substantially identical with par. 
 
 1992 1965. Acts iSgy, ch. 10, sec. ly. 
 
 Any railroad corporation that shall be guilty of extortion or 
 unjust discrimination, or of giving to any description of traffic 
 
 1993 any undue or unreasonable preference or advantage, shall upon 
 conviction, be fined in any sum not less than $500 nor more than 
 $2,000. Same, sec. 19. 
 
 TEXAS It shall be an unjust discrimination for any 
 
 railroad to make or give any undue or tinreasonable preference 
 or advantage to any particular person, company, firm, corpora- 
 
 1994 tion or locality, or to subject any particular description of traffic 
 to an}^ undue or unreasonable prejudice, delay or disadvantage, 
 in any respect whatsoever. Sayles^ Civ. Stats. 1897, art. 4jy4(i). 
 
 If any officer, agent, clerk, servant or employe, or receiver, 
 or his agents, servants or employes, of any railroad company 
 shall, for and on behalf of such railroad company, make or give 
 any undue or unreasonable preference or any advantage to any 
 particular person, company, firm, corporation or locality, as to 
 any service rendered or to be rendered or performed by such rail- 
 1996 road company, or subject any particular description of traffic 
 of such railroad company to any imdue or unreasonable prejudice, 
 delay or disadvantage, in any respect whatever, such officer, clerk, 
 servant or employe, or receiver, his agents, servants or em- 
 ployes, of such railroad company, shall be deemed guilty of un- 
 just discrimination, and on conviction thereof shall be punished 
 by confinement in the state penitentiary for not less than two 
 nor more than five years. Laws 1899, ch. 118, sec. i. 
 See also par. 1784. 
 
 490 
 
VIRGINIA A provision for transportation companies 
 
 1996 identical with par. 1957. Pollard's Code igo4, sec. I2g4c(j). 
 
 See also par. 884. 
 
 WASHINGTON A provision for common carriers substantially 
 
 identical with par. 1957; also a provision for gas, electrical or 
 
 1997 water companies identical with par. 1966. Laws igii, ch. iiy, 
 sees. 2iy JO. 
 
 Nothing in this act shall be construed to prevent any gas, 
 electrical or water company from continuing to furnish its prod- 
 uct or use of its lines, equipment or service under any contract 
 or contracts in force at the date this act takes effect, or upon the 
 taking effect of any schedule or schedules of rates subsequently 
 filed with commission, as herein provided, at the rates fixed in 
 such contract or contracts; provided that commission shall have 
 
 1998 power in its discretion to direct by order that such contract or 
 contracts shall be terminated by the company party thereto, and 
 thereupon such contract or contracts shall be terminated by such 
 company as and when directed by such order; provided, further, 
 that commission shall have no power to order the termination of 
 any such contract relating to the f lunishing of water for irriga- 
 tion or irrigation and domestic use, where such contract is based 
 upon a consideration passing at the time of the execution of such 
 contract. Same, sec. 34. 
 
 1999 Also a provision for telegraph or telephone companies iden- 
 tical with par. 1980. Same, sec. 42. 
 
 Nothing in this act shall be construed to prevent any 
 telegraph or telephone company from continuing to furnish 
 the use of its line, equipment or service under any contract or 
 contracts in force at the date this act takes effect, or upon 
 the taking effect of any schedule or schedule of rates subse- 
 quently filed with commission, as herein provided, at the rates 
 
 2000 fixed in such contract or contracts; provided, however, that com- 
 mission shall have power in its discretion to direct by order that 
 such contract or contracts shall be termuiated by the telephone 
 or telegraph company party thereto, and thereupon such con- 
 tract or contracts shall be terminated by such telephone or tele- 
 graph company as and when directed by such order. Same^ 
 sec. 43. 
 
 2001 Also a provision for wharfingers or warehousemen substan- 
 tially identical with par. 1966. Same, sec. 50. 
 
 WISCONSIN If any railroad shall make or give any undue or 
 
 unreasonable preference or advantage to any particular person, 
 
 4QI 
 
firm or corporation, or shall subject any particular person, firm 
 
 2002 or corporation to any undue or imreasonable prejudice or disad- 
 vantage, in any respect whatsoever, such railroad shall be 
 deemed guilty of imjust discrimination, which is prohibited and 
 declared imlawful. Laws igoj, ch. j62, sec. iygy-2j. 
 
 If any public utility shall make or give any undue or un- 
 reasonable preference or advantage to any particular person, firm 
 or corporation, or shall subject any particular person, firm or 
 
 2003 corporation to any imdue or imreasonable prejudice or disadvan- 
 tage, in any respect whatsoever, such pubhc utility shall be 
 deemed guilty of unjust discrimination, which is prohibited and 
 declared unlawful. Laws igoy, ch. 4gQ, sec. lygym-gi. 
 
 The furnishing by any public utility of any product or 
 service at the rates and upon the terms and conditions provided 
 for in any existing contract executed prior to April i, 1907, shall 
 
 2004 not constitute a discrimination within the meaning specified. 
 Any person, firm or corporation violating the provisions of this 
 section shall be deemed guilty of a misdemeanor and on convic- 
 tion thereof shall be pimished by a fine of not less than $50, nor 
 more than $1,000 for each offense. Same. 
 
 G. ASSISTING OR PERMITTING PATRONS 
 TO SECURE SPECIAL FAVORS OR ADVAN- 
 TAGES, OR RATES OTHER THAN THOSE 
 LAWFULLY ESTABLISHED. 
 
 UNITED STATES Any common can-ier or whenever such common 
 carrier is a corporation, any officer or agent thereof, or any person 
 acting for or employed by such corporation, who, by means of 
 false billing, false classification, false weighing or false report of 
 weight, or by any other device or means shall knowingly and wil- 
 fully assist or shall wilHngly suffer or permit any person or per- 
 sons to obtain transportation for property at less than the 
 
 2005 regular rates then established and in force on the line of trans- 
 portation of such common carrier, shall be deemed guilty of a 
 misdemeanor, and shall upon conviction thereof in any court of 
 the United States of competent jurisdiction within the district in 
 which such offense was committed, be subject to a fine of not 
 exceeding $5,000, or imprisonment in the penitentiary for a term 
 of not exceeding two years, or both, in the discretion of the coiut, 
 for each offense. Act to Regulate Commerce, sec. 10. 
 
 492 
 
ARIZONA, CALIFORNIA 
 
 No common carrier or any officer or agent 
 thereof or any person acting for or employed by it, shall by 
 means of known false billing, classification, weight, weighing 
 or report of weight or by any other device or means, assist, 
 suffer or permit any corporation or person to obtain transporta- 
 
 2006 tion for any person or property between points within the state 
 at less than the rates and fares then established and in force as 
 shown by the schedules filed and in effect at the time. Ariz. — 
 Sess. Laws igi2, ch. go, sec. 2j{a); Cat. — Stats, igii, ist. ex. 
 sess., ch. 14, sec. 2j{a). 
 
 KANSAS See pars. 1816, 1^64. 
 
 MARYLAND No common carrier or any officer or agent 
 
 thereof or any person acting for or employed by it, shall assist, 
 suffer or permit any person or corporation to obtain transporta- 
 tion for any passenger, freight or property between points within 
 
 2007 the state at less than the rates then established and in force in 
 accordance with the schediiles filed and published in accordance 
 with the provisions of this act and the order of commission, by 
 means of false billing, false classification, false weight or weighing 
 or false report of weight or by any other device or means. Laws 
 1910, ch. 180, sec. ly. 
 
 MINNESOTA It shall be imlawful for any common carrier 
 
 directly or indirectly to offer or give any shipper in connection 
 with or as an inducement or reward for receiving any property 
 for transportation from any such shipper, any gift, gratuity or 
 
 2008 free pass whereby any passenger or freight shall thereafter be 
 transported over the lines of such common carrier free or at any 
 rate less than that offered to the public, and such common carrier 
 shall be deemed guilty of unjust discrimination and shall be pun- 
 ished by a fine not exceeding $5,000. Acts 1905, ch. 777, sec. i. 
 
 NEW YORK Substantially identical with par. 2007. Laws 
 
 2009 1910, ch. 480, sec. 34. 
 
 SOUTH DAKOTA Substantially identical with par. 2005. Sess. 
 
 2010 Laws igii, ch. 2oy, sec. 14. 
 
 TEXAS Any officer or agent of any railroad, who, by 
 
 means of false billing, false classification, false weight or by any 
 other device, shall suffer or permit any person or persons to ob- 
 tain transportation for property at less than the regular rates 
 
 2011 then in force on such railroad, or who, by means of false billing, 
 
 493 
 
false classification, false weighing or by any device whatever, 
 shall charge any person, firm or corporation more for the trans- 
 portation of property than the regular rates, shall be guilty of a 
 misdemeanor and on conviction thereof, fined in a sum not less 
 than $ioo nor more than $i,ooo. Penal Code, art. iooq. 
 
 VIRGINIA Any transportation company or officer or agent 
 
 thereof, or any person acting for or employed by the same, who, 
 by means of false billing, false classification, false weighing or 
 false report of weight, or by any other device or means shall 
 
 2012 knowingly and wilfully assist or shall willingly suffer or permit 
 any person or persons to obtain transportation for property at 
 less than the regular rates then established and in force on the 
 line of transportation of such company, shall be fined not less 
 than $ioo nor more than $500. Pollard's Code 1Q04, sec. I2g4c{g). 
 
 WASHINGTON Substantially identical with par. 2007. Laws 
 
 2013 igii, ch. iiy, sec. 2j. 
 
 H. SOLICITING, ACCEPTING OR RECEIVING 
 SPECIAL FAVORS OR ADVANTAGES, OR 
 RATES OTHER THAN THOSE LAWFULLY 
 ESTABLISHED. 
 
 UNITED STATES Any person, corporation or company or any 
 agent or officer thereof, who shall deliver property for transporta- 
 tion to any common carrier or for whom as consignor or con- 
 signee any such carrier shall transport property, who shall know- 
 ingly and wilfully directly or indirectly, himself or by employe, 
 agent, officer or otherwise by false billing, false classification, 
 false weighing, false representation of the contents of the package 
 or the substance of the property, false report of weight, false 
 statement or by any other device or means whether with or with- 
 out the consent or connivance of the carrier, its agent or officer, 
 obtain or attempt to obtain transportation for such property at 
 less than the regular rates then established and in force on the 
 line of transportation; or who shall knowingly and wilfully di- 
 rectly or indirectly, himself or by employe, agent, officer or 
 otherwise by false statement or representation as to cost, value, 
 nature or extent of injury or by the use of any false bill, bill of 
 
 aou lading, receipt, voucher, roll, account, claim, certificate, affidavit, 
 or deposition knowing the same to be false, fictitious or fraudu- 
 
 494 
 
lent or to contain any false, fictitious or fraudulent statement oi 
 entry, obtain or attempt to obtain any allowance, refund or pay- 
 ment for damage or otherwise in connection with or growing out 
 of the transportation of or agreement to transport such property, 
 whether with or \\dthout consent or connivance of the carrier, 
 whereby the compensation of such carrier for such transportation 
 either before or after payment shall in fact be made less than the 
 regular rates then established and in force on the line of trans- 
 portation, shall be deemed guilty of fraud, which is declared to 
 be a misdemeanor, and shall upon conviction thereof in any court 
 of the United States of competent jurisdiction, within the district 
 in which such offense was wholly or in part committed, be subject 
 for each offense to a fine of not exceeding $5,000, or imprisonment 
 in the penitentiary for a term of not exceeding two years, or both, 
 in the discretion of the court; provided, that the penalty of im- 
 prisonment shall not apply to artificial persons. Act to Regulate 
 Commerce, sec. 10. 
 
 If any person or any officer or agent of any corporation or 
 company shall by payment of money or other thing of value, 
 solicitation or otherwise, induce or attempt to induce any com- 
 mon carrier or any of its officers or agents to discriminate un- 
 justly in his, its or their favor, as against any other consignor or 
 consignee in the transportation of property, or shall aid or abet 
 any common carrier in any such unjust discrimination, such 
 person or such officer or agent of such corporation or company 
 shall be deemed guilty of a misdemeanor, and shall upon convic- 
 2015 tion thereof in any court of the United States of competent juris- 
 diction within the district in which such offense was committed, 
 be subject to a fine of not exceeding $5,000, or imprisonment in 
 the penitentiary for a term of not exceeding two years, or both, 
 in the discretion of the court, for each offense; and such person, 
 corporation or company shall also, together with said common 
 carrier, be liable jointly or severally in an action to be brought 
 by any consignor or consignee discriminated against in any 
 court of the United States of competent jurisdiction for all dam- 
 ages caused by or resulting therefrom. Same. 
 
 It shall be unlawful for any person, persons or corporation 
 to offer, grant or give or to solicit, accept or receive any rebate, 
 concession or discrimination in respect to the transportation of 
 any property in interstate or foreign commerce by any common 
 carrier whereby any such property shall, by any device whatever, 
 be transported at a less rate than that named in the tariffs pub- 
 
 495 
 
S016 lished and filed by such carrier as is required by law or whereby 
 any other advantage is given or discrimination is practiced. 
 Every person or corporation whether carrier or shipper who shall 
 knowingly offer, grant or give or solicit, accept or receive any 
 such rebates, concession or discrimination, shall be deemed 
 guilty of a misdemeanor and on conviction thereof shall be pun- 
 ished by a fine of not less than $i,ooo nor more than $20,000. 
 Elkins Act, sec. i. ■ 
 
 Any person or any officer or director of any corporation sub- 
 ject to the provisions of this act, or the act to regulate commerce 
 as amended, or any receiver, trustee, lessee, agent or person 
 acting for or employed by any such corporation, who shall be 
 convicted as aforesaid, shall, in addition to the fine herein pro- 
 vided for, be liable to imprisonment in the penitentiary for a term 
 of not exceeding two years, or both such fine and imprisonment, 
 
 2017 in the discretion of the court. Every violation of this act shall 
 be prosecuted in any court of the United States having juris- 
 diction of crimes within the district in which such violation was 
 committed, or through which the transportation may have been 
 conducted; and whenever the offense is begun in one jurisdiction 
 and completed in another, it may be dealt with, inquired of, 
 tried, determined, and punished in either jurisdiction in the same 
 manner as if the offense had been actually and wholly committed 
 therein. Same. 
 
 In construing and enforcing the provisions of this section, 
 the act, omission, or failure of any officer, agent, or other person 
 acting for or employed by any common carrier or shipper acting 
 within the scope of his employment, shall in every case be also 
 deemed to be the act, omission, or failure of such carrier or 
 shipper, as well as that of the person. Whenever any carrier 
 
 2018 files with commission or publishes a particular rate under the 
 provisions of law, or participates in any rates so filed or pub- 
 lished, that rate as against such carrier, its officers or agents, in 
 any prosecution begun under this act shall be conclusively 
 deemed the legal rate, and any departure from such rate, or any 
 offer to depart therefrom, shall be deemed to be an offense under 
 this section of this act. Same. 
 
 Any person, corporation or company who shall deliver prop- 
 erty for interstate transportation to any common carrier, or for 
 whom as consignor or consignee any such carrier shall transport 
 property from one state, territory or the District of Columbia to 
 any other state, territory or the District of Columbia or foreign 
 
 496 
 
country, who shall knowingly, by employe, agent, officer or other- 
 wise, directly or indirectly by or through any means or device 
 whatsoever, receive or accept from such common carrier any sum 
 of money or any other valuable consideration as a rebate or off- 
 set against the regular charges for the transportation of such 
 property as fixed by the schedules of rates provided for by law, 
 shall in addition to any penalty provided by this act, forfeit to 
 S019 the United States a sum of money three times the amount of 
 money so received, or accepted and three times the value of any 
 other consideration so received or accepted, to be ascertained by 
 the trial court ; and the attorney general of the United States is 
 authorized and directed whenever he has reasonable grounds to 
 believe that any such person, corporation or company has know- 
 ingly received or accepted from any such common carrier any 
 sum of money or other valuable consideration as a rebate or off- 
 set as aforesaid, to institute in any court of the United States of 
 competent jurisdiction a civil action to collect the said sttrn or 
 sums so forfeited as aforesaid; and in the trial of said action all 
 such rebates or other considerations so received or accepted for a 
 period of six years prior to the commencement of the action may 
 be included therein, and the amount recovered shall be three 
 times the total amount of money, or three times the total value of 
 such consideration, so received or accepted, or both as the case 
 may be. Same. 
 
 ARIZONA, CALIFORNIA 
 
 No person, corporation, or any officer, agent 
 or employe of a corporation shall by means of false billing, false 
 or incorrect classification, false weight or weighing, false repre- 
 sentation as to contents or substance of a package, or false 
 report or statement of weight, or by any other device or means, 
 2020 whether with or without the consent or connivance of a common 
 carrier or any of its officers, agents or employes, seek to obtain 
 or obtain such transportation for such property at less than, the 
 rates then established and in force therefor. Ariz. — Sess. Laws 
 igi2, ch. go, sec. 2j{a); Cat. — Stats, igii, ist. ex. sess., ch. 14, 
 sec. 2j(a). 
 
 No person or corporation, or any officer, agent or employe 
 of a corporation, shall knowingly, directly or indirectly, by any 
 false statement or representation as to cost or value or the nature 
 or extent of an injury, or by the use of any false billing, bill of 
 lading, receipt, voucher, roll, account, claim, certificate, affidavit 
 or deposition, or upon any false, fictitious or fraudulent state- 
 
 497 
 
2021 ment or entry, obtain or attempt to obtain any allowance, rebate 
 or payment for damage in connection with or growing out of the 
 transportation of persons or property, or an agreement to trans- 
 port such persons or property, whether with or without the con- 
 sent or connivance of a common carrier, or any of its officers, agents 
 or employes; nor shall any common carrier or any officer, agent 
 or employe thereof knowingly pay or offer to pay any such allow- 
 ance, rebate or claim for damage. Ariz. — Same, sec. 2j{b); 
 Cat. — Same, sec. 2j{b). 
 
 COLORADO If any person or officer or agent of any corpora- 
 
 tion or company shall by payment of money or other thing of 
 value, solicitation, or otherwise, induce any common carrier or 
 any of its officers or agents to discriminate unjustly in its or their 
 favor as against any other consignor or consignee in the trans- 
 
 2022 portation of property, or shall aid or abet any common carrier in 
 any such unjust discrimination, such person or such officer or 
 agent of such corporation or company shall be deemed guilty of a 
 misdemeanor and shall upon conviction thereof in any court of 
 this state of competent jurisdiction, be subject to a fine of not 
 exceeding $i,ooo; and such person, corporation or company shall 
 also together with such common carrier be liable jointly or sever- 
 ally to consignor or consignee discriminated against, for all dam- 
 ages caused by or resulting therefrom. Laws igio, sp. sess., 
 ch. 5, sec. 10. 
 
 INDIANA If any person or the agent or employe of any 
 
 person or any member of any firm or any corporation or any offi- 
 cer, agent or employe of any firm or corporation shall intention- 
 ally accept or receive any rebate or concession in respect to the 
 transportation of persons and property by any carrier wholly 
 within this state, or for any other service performed by such car- 
 rier in connection therewith whereby any such persons or prop- 
 erty shall by false billing, false classification, false weighing or 
 any other device whatsoever be transported at a less rate than 
 
 2023 that prescribed in the published tariffs then in force and on file 
 with commission or which have theretofore been established by 
 commission, or ordered to be observed by any court as provided 
 in this act, then every such person shall be guilty of a misde- 
 meanor and upon conviction thereof shall be fined in any sum 
 not less than $ioo nor more than $2,000, to which may be added 
 imprisonment in the county jail not exceeding one year, in the 
 discretion of the court or jury trying the case. Acts 1907, ch. 
 241, sec. 14(b). 
 
 498 
 
KANSAS See par. 1816. 
 
 MARYLAND No person, corporation or any officer, agent or 
 
 employe of a corporation who shall deliver freight or property 
 for transportation within the state to a common carrier shall 
 seek to obtain or obtain transportation for such property at less 
 than the rates then established and in force therefor, by false 
 
 2024 billing, false or incorrect classification, false weight or weighing, 
 false representation of the contents of a package or false report 
 or statement of weight, or by any other device or means whether 
 with or without the consent or connivance of the common carrier 
 or any of its officers, agents or employes. Laws igio, ch. 180, 
 sec. ly. 
 
 MICHIGAN It shall be unlawful for any person, firm or 
 
 corporation knowingly to accept or receive any rebate, concession 
 or discrimination in respect to transportation of any property 
 wholly in this state, or for any service in connection therewith 
 
 2025 whereby any such property shall by false billing, false classifica- 
 tion, false weighing or any other device whatsoever be trans- 
 ported at a less rate than that named in the published tariffs in 
 force as provided by law or whereby any service or advantage is 
 received other than is therein specified. Pub. Acts iqoq, no. 
 300, sec. 18. 
 
 Any person, firm or corporation violating the provisions of 
 this section shall be deemed guilty of a misdemeanor, and on con- 
 
 2026 viction thereof shall be punished by a fine of not more than $500, 
 or by imprisonment in the county jail for a tenn of not to exceed 
 three months, or by both, in the discretion of court, for each 
 offense. Same. 
 
 It shall be unlawful for any person, firm or corporation di- 
 rectly or indirectly to ask, demand or accept any rebate, draw- 
 
 2027 back or other device whereby he shall obtain telephone service 
 for any less rate than that charged others in like circumstances. 
 Pub. Acts igii, no. 138, sec. 4. 
 
 MINNESOTA Any person who shall knowingly, either for 
 
 himself or for any firm or corporation, directly or indirectly re- 
 ceive from any common carrier any reduction of rate, rebate, 
 
 2028 gratuity or other favor as is declared by law to be an unjust dis- 
 crimination by such common carrier, shall be guilty of a misde- 
 meanor. Acts igoj, ch. 777, sec. i. 
 
 MISSISSIPPI See par. 2194. 
 
 499 
 
NEBRASKA. It shall be unlawful for any person or persons 
 
 to offer, grant or give, or to solicit, accept or receive any rebate, 
 concession or service in respect to the transportation of any prop- 
 erty within this state by any common carrier whereby any such 
 property shall by any device whatever be transported at a less 
 rate than that named in the tariffs published and filed by such 
 
 2029 carrier as is required by law or charged others for like service. 
 Every person who shall offer, grant or give or solicit, accept or 
 receive any such rebate, concession or service, shall be deemed 
 guilty of a misdemeanor and on conviction thereof shall be pun- 
 ished by a fine of not less than $5,000. Cobbey^s Annot. Stats, 
 igog, sec, 12041. 
 
 NEVADA A provision identical with par. 2025. Stats. 
 
 2030 igoy, ch. 44, sec. 24. 
 
 Any person, firm or corporation violating the provisions of 
 this section shall be deemed guilty of a misdemeanor, and on 
 sosi conviction thereof shall be punished by a fine of not less than $50 
 nor more than $1,000 for each offense. Same. 
 
 NEW YORK 
 2032 sec. J4. 
 
 Identical with par. 2024. Laws igio, ch. 480^ 
 
 NORTH CAROLINA Any shipper or consignee of any freight in the 
 state who shall knowingly accept any rebate or other considera- 
 tion or service from any railroad company which is not allowed 
 
 2038 or given other shippers or consignees under like or similar circum- 
 stances, and which is not allowed by law, shall be guilty of a mis-1 
 demeanor and fined or imprisoned, in the discretion of the court. 
 Laws igoj, ch. 21J, sec. 2. 
 
 OHIO Whoever being a person, firm or corporation 
 
 knowingly accepts or receives a rebate, concession or discrimina-^ 
 tion in respect to transportation of property wholly within thisj 
 state, or for service in connection therewith, whereby such prop-] 
 
 2084 erty by false billing, false classification, false weighing or othc 
 device is transported at a less rate than that named in the pub-l 
 lished tariffs in force, or whereby any service or advantage isl 
 received other than that therein specified, shall be fined not lesSfJ 
 than $50 nor more than $1,000. Code igio, sec. 568. 
 
 OREGON It shall be unlawful for any person, firm or cor- 
 
 poration knowingly to accept or receive any rebate, concession 01 
 discrimination in respect to transportation of any passenger 
 property wholly within the state, or for any service in connection] 
 
 500 
 
8036 therewith whereby any such property shall by any device what- 
 soever be transported at a less rate than that named in the pub- 
 lished tariffs in force, as provided by law, or whereby any service 
 or advantage is received other than is specified by law. Gen. 
 Laws iQoy, ch. jj, sec. 50. 
 
 S036 Also a provision identical with par. 2031. Same. 
 
 It shall be unlawful for any person, firm or corporation 
 knowingly to solicit, accept or receive any rebate, concession or 
 discrimination in respect to any servdce in or affecting or relating 
 to the transportation of persons by street railroad, or to produc- 
 tion, transmission, delivery or furnishing of heat, light, water or 
 
 2037 power or the conveying of telegraph or telephone messages within 
 the state, or for any service in connection therewith whereby any 
 such service shall by any device whatsoever or otherwise be ren- 
 dered free or at a less rate than that named in the published 
 schedules and tariffs in force as provided by law or whereby any 
 service or advantage is received other than is specified by law. 
 Gen. Laws igii, ch. 2yg, sec. 66. 
 
 2038 Also a provision identical with par. 203 1 . Same. 
 
 RHODE ISLAND It shall be unlawful for any person, firm or cor- 
 poration knowingly to solicit, accept or receive any rebate, con- 
 cession or discrimination in respect to afny service in or affecting 
 or relating to the transportation of persons or property, or affect- 
 ing or relating to the production, transmission, delivery or fur- 
 nishing of heat, light, water or power or the conveying of tele- 
 
 2039 phone or telegraph messages within the state, or for any service 
 in connection therewith, whereby such service shall by any device 
 whatsoever or otherwise, be rendered free or at a less rate than 
 that named in the published schedules in force as provided by 
 law, or whereby any service or advantage is received other than 
 is specified by law. Acts 1912, ch. 795, sec. 41. 
 
 Any person, firm or corporation violating the provisions of 
 this section shall be deemed guilty of a misdemeanor, and upon 
 
 2040 conviction thereof shall be punished by a fine of not less than $50 
 nor more than $500 for each offense. Same. 
 
 SOUTH DAKOTA A provision applicable to the transportation 
 of '^ property or express freight" identical with par. 2014. Sess. 
 
 2041 Laws igii, ch. 207^ sec. 14. 
 
 VERMONT A person who knowingly receives directly or 
 
 indirectly the benefit of any rebate, any lower rate, fare or charge 
 for transportation of persons or property or for any service con- 
 
 501 
 
2042 nected therewith than is fixed by the schedule posted as provided 
 by law, or any officer or employe of any railroad or transporta- 
 tion company granting the same, or knowingly consenting there- 
 to, shall be imprisoned not more than one year or fined not more 
 than $i,ooo for each offense. Puh. Stats. igo6, sec. 4541. 
 
 VIRGINIA Any person or any officer of any corporation 
 
 or company who shall deliver property for transportation to any 
 transportation company, or for whom as consignor or consignee 
 any such transportation company or line shall transport property, 
 who shall knowingly and wilfully by false billing, false classifica- 
 tion, false weighing, false representation of the contents of the 
 
 2043 package or false report of weight, or by any other fraudulent 
 device or means, whether with or without the consent or con- 
 nivance of the carrier, its agent or agents, obtain transportation 
 for such property at less than the regular rates then established 
 and in force on the line of transportation, shall be fined not less 
 than $100 nor more than $500 for each offense. Pollard's Code 
 igo4, sec. i2Q4c{io). 
 
 If any person or any officer or agent of any corporation or 
 company shall by payment of money or other things of value, 
 solicitation or otherwise fraudulently induce any transportation 
 company or any of its officers or agents to unjustly discriminate 
 
 2044 in his, its or their favor against any other consignor or consignee 
 in the transportation of property, or shall aid or abet any trans- 
 portation company in any such unjust discrimination, such per- 
 son or such officer or agent of such corporation or company shall 
 be fined not less than $100 nor more than $500 for each offense. 
 Same, sec. I2g4c{ii). 
 
 WASHINGTON A provision substantially identical with par. 
 
 2046 2024. Laws igii, ch. iiy, sec. 23. 
 
 No person, corporation or any officer, agent or employe of 
 a corporation shall knowingly or wilfully, directly or indirectly, 
 by any false statement or representation as to the cost, value, 
 nature or extent of injury, or by the use of any false billing, bill 
 of lading, receipt, voucher, roll, account, claim, certificate, affi- 
 davit or deposition, knowing the same to be false, fictitious or 
 
 2046 fraudulent or to be upon any false, fictitious or fraudulent state- 
 ment or entry, obtain or attempt to obtain any allowance, rebate 
 or payment for damage or otherwise in connection with or grow- 
 ing out of the transportation of persons or property, or agreement 
 to transport such persons or property, whether with or without 
 
 502 
 
the consent or conmvance of such common carrier or any of its 
 agents or employes, whereby -the compensation of such carrier 
 for such transportation shall be in fact made less than the rates 
 then established and in force therefor. Same. 
 
 No person, corporation or any officer, agent or employe of a 
 corporation who shall deliver property for transportation within 
 the state to a common carrier, shall seek to obtain or obtain such 
 
 2047 transportation by any false representation, false statement or 
 false paper or token as to the contents or substance thereof, 
 where the transportation of such property is prohibited by law. 
 Same. 
 
 WISCONSIN Provisions applicable to the transportation of 
 
 property identical with pars. 2035, 2031. Laws igo^, ch. j62, 
 
 2048 sec. iygy-24. 
 
 Also provisions identical with pars. 2037, 2031, except that 
 they do not apply to ''the transportation of persons by street 
 1049 railroad" nor to ''the conveying of telegraph messages." Laws 
 igoy, ch. 4Qg, sec. i/gym-22. 
 
 I. GENERAL DUTY OF UTILITIES NOT TO 
 DISCRIMINATE AS TO CHARGES OR FACIL- 
 ITIES.i 
 
 ARKANSAS All persons or corporations shall furnish with- 
 
 out discrimination or delay equal and sufficient facilities for the 
 transportation of passengers, the receiving, loading and unload- 
 ing, storage, carriage and delivery of all property of a like char- 
 acter carried by him, them or it, and shall perform with equal 
 expedition and at uniform rates the same kind of service con- 
 
 2060 nected with the contemporaneous transportation thereof. And 
 it shall be unlawful for any person or corporation engaged as 
 aforesaid to enter into any contract, or agreement, by changes of 
 schedule, use of different cars or any other means or device, with 
 intent to delay or prevent the shipment of such property from 
 being continuous from the place of shipment to the place of desti- 
 nation, whether carried on one or more railroads. Kirby's Digest 
 igo4, sec. 6804. 
 
 FLORIDA If any railroad, railroad company or other com- 
 
 mon carrier shall make any unjust discrimination in its rates or 
 charges of toll or compensation for the transportation of pas- 
 
 • This division also includes certain miscellaneous prohibitions against discrimination 
 in rates and service not classified elsewhere. 
 
sengers or freight of any description, or for the use and trans- 
 
 2061 portation of any railroad car upon any railroad or upon any of 
 the branches thereof, or upon any railroad or steamship lines 
 connected therewith, which it has the right, license or permission 
 to operate, use or control within this state, the same shall be 
 guilty of violating the provisions of this act, and upon conviction 
 thereof shall be dealt with as provided by law. Gen. Stats. igo6, 
 sec. 288g. 
 
 GEORGIA, ILLINOIS 
 
 If any railroad corporation shall make any 
 unjust discrimination in its rates or charges of toll or compensa- 
 tion for the transportation of passengers or freights of any de- 
 scription, or for the use and transportation of any railroad car 
 
 2062 upon such road, or upon any of the branches thereof, or upon any 
 railroads connected therewith which it has the right, license or 
 permission to operate, control or use within the state, the same 
 shall be deemed guilty of having violated the provisions of law 
 and upon conviction thereof shall be dealt with as provided by 
 law. Ga. — Code igii, sec. 262g; III. — Revisal igog, ch. 114, 
 sec. 125. 
 
 IOWA When shipments of freight to be transported 
 
 between different points within the state are required to be car- 
 ried by two or more railway companies operating connecting 
 
 2063 lines, such railway companies shall transport the same at reason- 
 able through rates, and shall at all times give the same facilities 
 and accommodations to local state traffic as they give to inter- 
 state traffic over their lines of road. Code iSgy, sec. 2154. 
 
 KENTUCKY No railway, transfer, belt line or railway bridge 
 
 company shall make any exclusive or preferential contract or 
 arrangement with any individual, association or corporation, for 
 
 2064 the receipt, transfer, delivery, transportation, handling, care or 
 custody of any freight, or for the conduct of any business as a 
 common carrier. Const., sec. 214. 
 
 See also par. iy4g. 
 
 MASSACHUSETTS Every railroad corporation shall, subject to 
 the provisions of section 201, give to all persons reasonable and 
 equal terms, facilities and accommodations for the transporta- 
 tion upon its railroad of themselves, their agents and servants 
 
 2066 and of their merchandise and other property, and for the use of 
 its depot and other buildings and grounds; and at any point 
 
 504 
 
where its railroad connects with another railroad it shall give 
 reasonable and equal terms and facilities of interchange. Acts 
 igo6, ch. 46 J, pL a, sec. ig6. 
 
 The provisions of the preceding section shall apply to 
 all persons engaged only in a local express business for the 
 forwarding of express matter between points within the com- 
 monwealth within trains or cars of any railroad corporation, and 
 to persons desiring to engage therewith who obtain the recom- 
 mendation of the railroad commission therefor, and who agree in 
 writing to indemnify the corporation against all loss of and dam- 
 age to any property which is carried by them on its trains. Such 
 recommendation shall be given only after notice to all parties 
 interested and a hearing thereon, and with regard among other 
 considerations to the public interest. Such corporation may 
 contract with one or more persons for the express service over 
 its railroad or system, subject to the rights of such persons as 
 may then be engaged in or shall have obtained the recommenda- 
 2056 tion aforesaid to conduct such local express business thereon 
 between points within this commonwealth under the provisions 
 of this section; and the terms, facilities and accommodations 
 provided for such last named persons shall not be unreasonable or 
 unequal, having regard to the amount and character of the 
 service and also to such reasonable regulation of said business 
 which may be for the public interest and the efficient operation 
 of the railroad. The provisions of this section shall not deprive 
 any railroad corporation of any right which it has under its 
 charter or imder general laws, to perform all the transportation 
 of property upon its railroad. The supreme court or the superior 
 court shall have jurisdiction to enforce the provisions of this 
 section by injunction, mandamus or other suitable process. 
 Same, sec. igy. 
 
 Every railroad corporation shall promptly forward mer- 
 chandise consigned to or directed to be sent over another railroad 
 connecting with its railroad, according to the directions con- 
 2067 tained thereon or accompanying the same, and shall not receive 
 and forward over its railroad merchandise consigned to or di- 
 rected to be sent by a different route. Same, sec. igS. 
 
 A railroad corporation which violates any provision of the 
 four preceding sections, in addition to liability for all damages 
 sustained by reason of such violation, shall for each offense for- 
 feit $200, which shall be recovered in an action of tort to his own 
 2058 use by the party aggrieved, or to the use of the commonwealth 
 
 5c^5 
 
by the attorney general or the district attorney of the district 
 in which such violation was committed; but no such action shall 
 be maintained imless brought within one year after the date of 
 such violation. Same, sec. 200. 
 
 MICHIGAN No railroad corporation shall in any manner 
 
 discriminate in its rates of freight tariff in favor of any individual, 
 company or corporation doing business over its line of road, and 
 shall grant the same rights and privileges to all shippers, subject 
 to the same rates and classification, without rebate or any other 
 
 2069 special privilege or rate not extended to all other shippers in the 
 same class who ship a like quantity or quantities. Any railroad 
 corporation refusing to comply with any of the provisions of this 
 section shall be liable to a penalty not exceeding $500. Comp. 
 Laws i8gy, sec. 6266. 
 
 It shall be unlawful for any express company operating and 
 doing business in the state to discriminate in favor of or against 
 any shipper or shippers, or to refuse or fail to receive and trans- 
 port proffered merchandise or other property, providing such mer- 
 chandise 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 
 
 SO6O maintain or conduct an office or station, or to and from any junc- 
 tion point or points where the line of such express company inter- 
 sects with the line of any other express company, or to or from 
 any given terminal to any point on its own line, and the charge 
 and compensation for the transportation of such merchandise or 
 other property by two or more express companies shall not ex- 
 ceed by 30 per cent, the maximum charge for the same distance 
 on any one line, such maximum charge being determined as 
 prescribed by law. Puh. Acts igii, no. ijg, sec. 2${b). 
 
 MISSOURI Railways heretofore constructed or that may 
 
 hereafter be constructed in this state are declared public highways 
 and railroad companies common carriers. No railway company, 
 corporation or association shall make any discrimination in 
 charges or facilities in the transportation of freight or passengers 
 between transportation companies and individuals, nor in the 
 transportation of freight between commission merchants or other 
 persons engaged in the transportation of freight and individuals, 
 
 ao6i in favor of either, by abatement, drawback or otherwise, nor shall 
 any such company, corporation or association, nor any lessee, 
 manager or employe of any such company, corporation or asso- 
 
 506 
 
ciation make any preference between the parties aforesaid in fur- 
 nishing cars or motive power for the purpose aforesaid. Any 
 company, corporation or association, or manager, lessee or em- 
 ploye violating the provisions of this section shall forfeit and pay 
 to the parties injured the whole amount of such transportation 
 charge, to be recovered before any court of competent jurisdic- 
 tion. Rev. Stats, igog, sec. 3174. 
 
 Whenever any express company authorized to do business in 
 the state shall desire to carry on their express business along and 
 on the line of any railroad in the state and shall make application 
 to the officers or managers of any railroad for cars, transportation 
 and other proper facilities to carry on their said business, it shall 
 be the duty of said railroad company to make such arrangement 
 
 2062 and provide such facilities as will enable said express company to 
 carry on and transact its said express business and to receive and 
 discharge freight, valuables, money, jewelry and other property 
 entrusted to it for transportation at all the stations and stopping 
 places on the line of said railroad, and it shall be no excuse for re- 
 fusing such facilities that another express company is already 
 furnished with facilities and is actually doing business on the 
 said railroad. Same, sec. 3208. 
 
 Any railroad company owning or operating a railway in this 
 state that shall refuse or deny any of the rights and privileges 
 granted to any other express company to the express company so 
 applying for facilities to carry on their said business on and along 
 the line of the said railroad, or shall charge, take from or receive 
 any greater or different toll, charge or rent for the privilege of 
 
 2063 carrying on their said express business, or for like services than it 
 • at the same time charges or receives from any other express com- 
 pany, shall forfeit and pay for every such refusal, denial of facil- 
 ities to carry on their said business, or for discrimination in favor 
 of any one express company against another, any sttm not less 
 than $500, nor more than $1,000, to be recovered by civil action 
 in any court of competent jurisdiction. Same, sec. 32og. 
 
 Commission is required to take jurisdiction of all violations 
 of the provisions of sections 3208 to 3210 inclusive and see that 
 competition in the express business is not prevented by the re- 
 fusal of said railroad companies to provide facilities to more than 
 one express company to carry on their express business on and 
 along the line of the said railroads at the same time; and when- 
 ever commission shall in any manner come into possession of 
 information which in its judgment warrants prosecution of any 
 
 507 
 
railroad company for preventing competition in the express busi- 
 
 2064 ness by refusing to grant facilities on equal terms, to two or more 
 express companies on and along the line of their railway, or for 
 the violation of any of the provisions of said sections, it shall be 
 the duty of commission immediately to cause suits to be com- 
 menced and prosecuted against such railroad company. Such 
 suits may be instituted in any county in the state into or 
 through which the line of the railroad company sued for violating 
 said sections may run, and it is made the duty of the attorney 
 general and of any prosecuting attorney in the state at the request 
 of commission to commence and prosecute any actions commis- 
 sion may desire to institute for the violation of any of the provi- 
 sions of said sections. Same, sec. 3210. 
 
 MONTANA All individuals, associations and corporations 
 
 shall have equal rights to have persons or property transported 
 on and over any railroad, transportation or express route in this 
 state. No discrimination in charges or facilities for transporta- 
 tion of freight or passengers of the same class shall be made by 
 
 2065 any railroad or transportation or express company between persons 
 or places within this state. No railroad, express or transportation 
 company, nor any employe, manager or other employe thereof 
 shall give any preference to any individual, association or corpo- 
 ration in furnishing cars or motive power or for the transportation 
 of money or other express matter. Const., art. xv, sec. 7. 
 
 NEBRASKA If any railway company or common carrier, 
 
 through or by its officers, agents or employes, shall fail, refuse or 
 neglect, under such regulations as may be prescribed by commis- 
 sion, to receive and transport without delay or discrimination the 
 passengers, tonnage and cars, loaded or empty, of any connecting 
 line of railroad, and every railroad which shall under such regu- 
 
 2066 lations as may be prescribed by commission fail or refuse to trans- 
 port and deliver without delay or discrimination any passengers, 
 tonnage or cars loaded or empty destined to any point on or over 
 the line of any connecting carrier, the same shall constitute an 
 unjust discrimination which is prohibited; provided perishable 
 freight of all kinds and live stock shall have precedence in ship- 
 ment. Cobbey^s Annot. Stats, igog, sec. 10662(b). 
 
 Every telegraph company and every press association en- 
 gaged in the transmission, collection, distribution or publication 
 of dispatches shall afford the same and equal facilities to all pub- 
 
 2067 lishers of newspapers and furnish the dispatches collected by them 
 
 508 
 
for publication in any given locality to all newspapers there pub- 
 lished on the same conditions as to payment and delivery. SamCy 
 sec. 1 1958. 
 
 Any press association, corporation, or organization violat- 
 ing the foregoing section shall be deemed guilty of a misdemeanor, 
 and upon conviction shall, for each and every offense, be fined in 
 any sum not less than $100 nor more than $1,000, and in addi- 
 SO68 tion thereto such association and the members thereof shall be 
 jointly and severally liable for all damages sustained by the 
 owner of any newspaper in consequence of such discrimination. 
 ^ame, sec. 11959- 
 
 See also pars. 1762, 1763. 
 
 NEW JERSEY See par. 550. 
 
 NEW YORK No preference for the transaction of the busi- 
 
 ness of a common carrier upon its cars or in its depots or buildings 
 or upon its grounds shall be granted by any railroad corporation 
 
 2069 to any one or two or more persons, associations or corporations 
 competing in the same business or in the business of transporting 
 property for themselves or others. Laws 1910, ch. 481, sec. 54. 
 
 PENNSYLVANIA Any undue or unreasonable discrimination by 
 any railroad company or other common carrier or any officer, 
 superintendent, manager or agent thereof in charges for or in 
 
 2070 facilities for the transportation of freight within the state or com- 
 ing from or going to any other state is declared to be unlawful. 
 Purdon's Digest, ^^ Railroads, ^^ sec. 229. 
 
 [SOUTH CAROLINA It shall not be lawful for any railroad company 
 chartered by this state ^ to discriminate against any railroad com- 
 pany which may connect with it, either at one of its terminal sta- 
 tions or at any intermediate point on its line where said companies 
 have stations and agents established, by neglecting or refusing to 
 deliver with due diligence to said connecting road in the yard or 
 on the track of the same of cars wholly or partly loaded with 
 freight consigned to points on said connecting road or to points 
 
 [2071 beyond its lines ; but in all cases where freight is to be delivered 
 to a connecting road to complete its transportation, such delivery 
 shall be made by the railroad which brought the freight to the 
 
 1 In the construction of the three preceding sections (2097-2099), the term " railroad 
 company chartered by this state " shall be held to mean each railroad company holding 
 its franchise under a separate charter granted by this state; and no ownership or shares 
 of the capital stock of one corporation by another corporation, nor any lease, contract or 
 other agreement between corporations or individuals, shall operate as a bar to the pro- 
 visions of this chapter. Gen. Stats. 1902, sec. 2100. 
 
connecting point, and no additional charge shall be made therefor; 
 provided, however, that said delivering road may demand of its 
 connections payment of all charges which have accrued thereon, 
 on or before delivery of said freight on the tracks or in the yards 
 of its connecting road. Gen. Stats. igo2, sec. 2og^. 
 
 It shall not be lawful for any railroad company chartered by 
 this state ^ to discriminate in favor of or against any railroad com- 
 pany which may connect with it either at one of its terminal sta- 
 tions or at an intermediate point on its lines where said companies 
 have stations and agents established, as against any other railroad 
 company which may connect with it at the same station or point 
 by refusing either to receive freight for shipment or to issue 
 through bills of lading at equal rates of freight for the same, to 
 any one given destination, reached by any or all of said connect- 
 
 2072 ing roads or their connections for which freight is received, or 
 through bills of lading are issued, to be forwarded by any other of 
 such connecting roads at the same point; provided, however, if 
 any of the said connections shall refuse to transport freight from 
 its own terminus to the ultimate destination of said freight at the 
 same rate as is charged by any other connections at the same 
 point, then the initial road shall be released from the provisions , 
 of this section, and the said connecting road shall not be entitled^ 
 to the benefit of its provisions. Same, sec. 2og8. 
 
 It shall not be lawful for any railroad company chartered by 
 this state^ to discriminate in its rate of freight in favor of or against 
 any railroad company which may connect with it either at one of 
 
 2073 its terminal stations or at any intermediate point on its line ; but 
 in all cases the charges on freight of the same character having 
 the same original point of shipment and the same destination shall 
 be uniform to and from all lines making connection with the said 
 railroad at the same point. Same, sec. 2ogg. 
 
 SOUTH DAKOTA No person or telephone company shall unjustly 
 discriminate either between persons or telephone companies in the 
 switching, transfer or delivery of messages; nor shall such tele- 
 phone company make different rates for its subscribers for the 
 same class of service in any city or town where it is operating. 
 
 2074 Al such charges and rates shall be uniform to its subscribers for 
 the same class of service. Any person or telephone company and 
 any officer or agent of any telephone company violating any pro- 
 vision of this section shall upon conviction thereof be pimished by 
 a fine of not more than $200. Sess. Laws igii, ch. 218, sec. 6. 
 
 > See footnote on preceding page. 
 
TENNESSEE No railway company shall charge more than 
 
 the maximtim amoimt for freights allowed by its charter, nor 
 shall any railway company unjustly discriminate against the way 
 freights of any person or locality on the same 'road, or unjustly 
 
 8075 classify rates or luijustly discriminate against the different classes 
 of freight shipped over its road, nor shall any railway company 
 unjustly charge extortionate rates for the transportation of any 
 freights over its road. Code igo6, sec. 3061. 
 
 A railroad company that shall be guilty of a violation of the 
 provisions of sections 3060-3062 shall be liable to the unjured 
 
 2076 party in the sum of $500, which may be sued for and recovered in 
 any of the coiuts of this state having jurisdiction of the subject 
 matter. Same, sec. 306 j. 
 
 VERMONT A person or corporation operating a railroad 
 
 shall give to all persons reasonable and equal terms, benefits, fa- 
 cilities and accommodations for the transportation of themselves, 
 their agents and servants and of merchandise and other property 
 
 8077 upon such railroad and for the use of the depots, buildings and 
 grounds thereof, and, at any point where such railroad connects 
 with another railroad, reasonable and equal facilities of inter- 
 change. Pub. Stats. 1096, sec. 4486} as amended hy Laws igo8, 
 no. 105, sec. I. 
 
 A person or corporation operating a railroad in this state 
 shall give to each station upon its line when so requested in writ- 
 ing by 25 legal voters and freeholders of the town or village in 
 which such station is situated the same and equal accommodations 
 
 2078 and facilities as to market days and market day rates of fare to 
 and from such station, on any regular train upon the day of the 
 week requested as is given by such person or corporation to any 
 station upon its line. Same, sec. 4490. 
 
 A violation of the preceding section shall be construed to be 
 
 20'i9 an unjust discrimination. A person or corporation violating such 
 section shall be fined not more than $500. Same, sec. 4491. 
 See also par. 1947. 
 
 * See footnote, par. 1944. 
 
 5" 
 
II. FREE OR REDUCED RATE OR SPECIAL 
 
 SERVICE. 
 
 J. GENERAL PROHIBITIONS AGAINST OFFER- 
 ING, GRANTING, SOLICITING OR ACCEPT- 
 ING FREE OR REDUCED RATE OR SPECIAL 
 SERVICE, WITH EXCEPTIONS THERETO. 
 
 UNITED STATES No common carrier shall after January i, 1907, 
 directly or indirectly issue or give any interstate free ticket, free 
 pass or free transportation for passengers except to its employes 
 and their families, ^ its officers, agents, surgeons, physicians and 
 attorneys at law; to ministers of religion, traveling secretaries 
 of railroad Young Men's Christian Associations, inmates of hos- 
 pitals and charitable and eleemosynary institutions and persons 
 exclusively engaged in charitable and eleemosynary work; to 
 indigent, destitute and homeless persons and to such persons 
 when transported by charitable societies or hospitals, and the 
 necessary agents employed in such transportation; to inmates 
 of the national homes or state homes for disabled volunteer sol- 
 diers, of soldiers' and sailors' homes, including those about to 
 enter and those returning home after discharge; to necessary care-, 
 takers of live stock, poultry, milk and fruit; to employes on 
 
 2080 sleeping cars and express cars, and to linemen of telegraph and 
 telephone companies; to railway mail service employes, post- 
 office inspectors, customs inspectors, and immigration inspectors; 
 to newsboys on trains, baggage agents, witnesses attending any 
 legal investigation in which the common carrier is interested, 
 persons injured in wrecks and physicians and nurses attending 
 such persons. Provided, that this provision shall not be con- 
 strued to prohibit the interchange of passes for the officers, 
 agents and employes of common carriers and their families; nor 
 to prohibit any common carrier from carrying passengers free 
 with the object of providing relief in cases of general epidemic, 
 pestilence or other calamitous visitation; and provided further 
 that this provision shall not be construed to prohibit the priv- 
 ilege of passes or franks or the interchange thereof with each 
 other for the officers, agents, employes and their families of such 
 
 512 
 
telegraph, telephone and cable lines, and the officers, agents, 
 employes 1 and their famihes of other common carriers. Act to 
 Regulate Commerce, sec. i. 
 
 Any common carrier violating this provision shall be deemed 
 guilty of a misdemeanor and for each offense on conviction shall 
 pay to the United States a penalty of not less than $ioo nor more 
 than $2,000, and any person other than the persons excepted in 
 this provision who uses any such interstate free ticket, free pass 
 1081 or free transportation shall be subject to a like penalty. Juris- 
 diction of offenses under this provision shall be the same as that 
 provided for offenses in an act entitled "An act to further regu- 
 late commerce with foreign nations and among the states," 
 approved February 19, 1903, and any amendment thereof. Same. 
 
 Nothing in this act shall be construed to prevent telephone, 
 
 2082 telegraph and cable companies from entering into contracts with 
 common carriers for the exchange of services. Same. 
 
 In time of war or threatened war preference and precedence 
 shall upon the demand of the president of the United States be 
 
 2083 given over all other traffic to the transportation of troops and 
 material of war, and carriers shall adopt every means within their 
 control to facilitate and expedite the military traffic. Same, 
 sec. 6. 
 
 Nothing in this act shall prevent the carriage, storage or 
 handling of property free or at reduced rates for the United 
 States, state or municipal governments or for charitable pur- 
 poses, or to or from fairs and expositions for exhibition thereat, 
 or the free carriage of destitute and homeless persons transported 
 by charitable societies, and the necessary agents employed in 
 such transportation, or the issuance of mileage, excursion or com- 
 mutation passenger tickets; nothing in this act shall be construed 
 to prohibit any common carrier from giving reduced rates to min- 
 isters of religion or to municipal governments or for the trans- 
 portation of indigent persons, or to inmates of the national homes 
 
 2084 or state homes for disabled voltmteer soldiers, and of soldiers' and 
 sailors' orphan homes, including those about to enter and those 
 returning home after discharge, under arrangements with the 
 boards of managers of said homes; nothing in this act shall be 
 
 1 Provided, that the term "employes" as used in this paragraph shall include fur- 
 loughed, pensioned and superannuated employes, persons who have become disabled or in- 
 firm in the service of any common carrier, and the remains of a person killed in the em- 
 ployment of a carrier, and ex-employes traveling for the purpose of entering the service of 
 any such common carrier; and the term "families" as used in this paragraph shall include 
 the families of those persons named in this proviso, also the families of persons killed and 
 the widows during widowhood and minor children during minority of persons who died while 
 in the service of any such common carrier. Act to Regulate Commerce, sec. j. 
 
construed to prevent railroads from giving free carriage to their 
 own officers and employes, or to prevent the principal officers of 
 any railroad company or companies from exchanging passes or 
 tickets with other railroad companies for their officers and em- 
 ployes ; and nothing in this act contained shall in any way abridge 
 or alter the remedies now existing at common law or by statute, 
 but the provisions of this act are in addition to such remedies; 
 provided, that no pending litigation shall in any way be affected 
 by this act ; provided, further, that nothing in this act shall prevent 
 the issuance of joint interchangeable 5,000-mile tickets with spe- 
 cial privileges as to the amoimt of free baggage that may be car- 
 ried under mileage tickets of 1,000 or more miles. Same, sec. 22. 
 2086 The provisions of section ten of this act shall apply to any 
 
 violation of the requirements of this proviso. Same. 
 
 ALABAMA Nothing in this article shall prevent concen- 
 
 tration, commodity, transit and other special contract rates, but 
 all such rates shall be open to all shippers for a like kind of traffic 
 
 2086 under similar circumstances and conditions, and shall be subject 
 to the provisions of this article as to the printing and filing of the 
 same ; but all such rates shall be under the supervision and regu- 
 lation of commission. Code igoy, sec. 5534. 
 
 All street railway companies or persons or companies owning 
 or operating street railways in this state, are authorized to furnish 
 members of the police force and of the fire department and sani- 
 tary inspectors of any city or town through or into which their 
 lines nm, free or reduced transportation to and from their homes 
 and to and from places to which their duties may call them; 
 and to grant special or reduced rates to all pupils attending 
 
 2087 schools on or near such lines of railway for transportation be- 
 tween their homes and such schools; provided, however, that be- 
 fore free transportation or special or reduced rates are granted 
 under the provisions of this act, said carrier shall file with com- 
 mission a statement setting forth the terms and conditions upon 
 which they grant such free transportation, special or reduced 
 rates. Acts igoy, sp. sess., no. 20, sec. i. 
 
 No common carrier whether a corporation, association, part- 
 nership or person engaged in the business of a common carrier 
 of passengers in this state, or the agent, officer, servant or em- 
 ploye of such shall give, procure for or deliver to any person or 
 accept any free passes, tickets or free transportation for any per- 
 son, or give, make or allow any rebate, discoimt or reduction 
 from such rates as are offered or given to the public at large, ex- 
 
 S14 
 
cept to its employes and their families, and employes recently 
 discharged by or having quit the service of any common carrier, 
 going home or going to another place to seek employment within 
 six months after such quitting or discharge, its officers or agents, 
 its surgeons or physicians and its attorneys at law and the imme- 
 diate families of such persons, to ministers of reHgion, traveling 
 secretaries of the Yoimg Men's Christian Association and the 
 Young Women's Christian Association, inmates of hospitals and 
 charitable and eleemosynary institutions, and persons exclu- 
 sively engaged in charitable and eleemosynary work, to indigent, 
 destitute and homeless persons, and to such persons when trans- 
 ported by charitable societies and hospitals and the necessary 
 agents employed in such transportation, to inmates of the national 
 home or state home for disabled volimteer soldiers, and of sol- 
 diers' and sailors' homes, including those about to enter and those 
 returning home after discharge, and board of managers of such 
 homes, to necessary caretakers of live stock, poultry and fruit, to 
 employes of sleeping cars and express cars, and to linemen of tele- 
 graph and telephone companies, to railway mail service em- 
 ployes, postoffice, custom and immigration inspectors, to news- 
 boys on trains, baggage agents, witnesses attending any legal 
 investigation in which the common carrier is interested, persons 
 injured in wrecks when being transported from the place of in- 
 jury to their homes and places for treatment, and physicians and 
 nurses attending such persons, and members of commission, and 
 employes of such commission when traveling on official business; 
 provided, that this provision shall not be construed to prohibit 
 the interchange of passes for the officers, agents and employes of 
 common carriers and their immediate families, nor prohibit any 
 comjnon carrier from carrying passengers free with the object of 
 providing relief in cases of general epidemic, pestilence or other 
 calamitous visitations. Acts igoy, sp. sess., no. gg, sec. i. 
 
 Nothing in this act shall be construed to prevent the carry- 
 ing, storage or handling by any common carrier of property free 
 or at reduced rates for the United States or for the state of Ala- 
 bama or for any municipality or for charitable purposes, or to 
 and from fairs and expositions for exhibition thereat, or property 
 shipped by or to its officers or employes for their own exclusive 
 use or constimption or that of their immediate families; or prevent 
 such common carrier from issuing excursion, mileage or com- 
 mutation tickets, provided such excursion, mileage or commuta- 
 tion tickets shall be obtainable by all persons applying therefor 
 
 515 
 
under like circumstances and conditions. Nor shall anything 
 S089 in this act be construed to prevent such common carriers from 
 giving free transportation or reduced rates therefor. And it 
 shall be lawful for any railroad company to give to or exchange 
 passes or free transportation with the officers and employes of 
 other railroads and of express companies and the immediate 
 members of their families, and for any express company to carry 
 free or at reduced rates the personal packages or property of its 
 officers and employes and the officers and employes of railroad 
 companies, for their own exclusive use or consumption or that of 
 their immediate families. Upon the shipment of live stock or 
 other property requiring the care of an attendant, the common 
 carrier may furnish free transportation including return passage 
 to the shipper or to some person or persons designated by him 
 as attendant. Acts igog, sp. sess., no. 201, sec. 1(30). 
 
 ARIZONA No common carrier shall directly or indirectly 
 
 issue, give or tender any free ticket, free pass or free or reduced rate 
 transportation for passengers between points within this state ex- 
 cept to its employes ^ and their families, its officers, agents, stu-geons, 
 physicians and attorneys at law; to ministers of religion, traveling 
 secretaries of railroad Young Men's Christian Associations, in- 
 mates of hospitals and charitable and eleemosynary institutions 
 and persons exclusively engaged in charitable and eleemosynary 
 work; to indigent, destitute and homeless persons, and to such 
 persons when transported by charitable societies or hospitals, 
 and the necessary agents employed in such transportation; to 
 inmates of the national homes or state homes for disabled volim- 
 teer soldiers, and of soldiers' and sailors' homes including those 
 about to enter and those returning after discharge, and boards 
 of managers of such homes; to necessary caretakers of live stock, 
 poultry, milk and fruit; to employes on sleeping cars, express 
 
 2090 cars and to linemen of telegraph and telephone corporations; to 
 railway mail service employes, post-office, custom and immigra- 
 tion inspectors; to newsboys on trains, baggage agents, witnesses 
 attending any legal investigation in which the common carrier is 
 interested, persons injured in wrecks and physicians and muses 
 attending such persons, when authorized by commission. Noth- 
 ing in this act shall be construed to prohibit the interchange of 
 passes for the officers, agents and employes of common carriers 
 and their families; nor to prohibit any common carrier from car- 
 
 * Th« definitions of the terms " emfdoyes " and ' ' families ' ' are identical with the definitions 
 in United States provisions. See footnote, p. 84. Sess. Laws IQ12, ch. go, sec. /7(o)0)- 
 
 S16 
 
Tying passengers free with the object of providing relief in cases of 
 general epidemic, pestilence or other calamitous visitations; and 
 provided, further, that these provisions shall not be construed 
 to prohibit all privileges of passes or franks or the exchange there- 
 of with each other for the officers, agents, employes and their 
 families of all common carriers subject to the provisions of this 
 act. Sess. Laws igi2, ch. go, Sec, iTMis)- 
 
 Provided, further, that with the consent of commission every 
 common carrier may transport free or at reduced rates contract- 
 ors and their employes, material or supplies for use or engaged in 
 carrying out their contracts with said common carriers for con- 
 
 2091 struction, operation or maintenance work or work incidental 
 thereto on the line of the issuing carrier, to the extent only that 
 such free or reduced rate transportation is provided for in the 
 specifications upon which the contract is based and in the contract 
 itself. Common carriers may also enter into contracts with each 
 other for an exchange of service. Same. 
 
 ARKANSAS Nothing shall be construed as to prevent any 
 
 person or corporation operating a railroad in this state from is- 
 suing or selling at reduced rates emigrant, excursion or commuta- 
 
 2092 tion tickets, or from carrying free or at reduced rates any 
 property for schools, churches, fairs, expositions or charitable 
 institutions, or for the state, or for the United States, or for 
 any of the United States. Kirby^s Digest 1904, sec. 6805. 
 
 Nothing shall prevent the carriage, storage or hatiling free 
 or at reduced rates for any city, coimty or town government; 
 or the free carriage of destitute or indigent persons, or ministers 
 of the gospel; nor to prevent the railroads from giving free trans- 
 
 2093 portation or transportation at reduced rates to the inmates of 
 hospitals, eleemosynary and charitable institutions, and nothing 
 shall be construed to prevent railroads from giving free trans- 
 portation to any railroad officer, agent or employe, attorney, 
 stockholder or director of the railroad company. Same, sec. 
 6806. 
 
 See also par. 18 02. 
 
 CALIFORNIA No common carrier shall directly or indirectly 
 
 • issue, give or tender any free ticket, free pass or free or reduced 
 rate transportation for passengers between points within this 
 state, except to its officers, agents, employes, ^ attorneys, phy- 
 sicians and surgeons and members of their families; to ministers 
 
 ^ The definitions of the terms " employes " and "families " are identical with the definitions 
 in Unitdd Stales provisions. See footnote, p. 84. Stats, ion, ist. ex. ^ess., ch. 14, sec. 17(0) (j). 
 
of religion, traveling secretaries of railroad young men's religious 
 associations, or executive officers, organizers or agents of railroad 
 employes mutual benefit associations giving the greater portion 
 of their time to the work of any such association, inmates of hos- 
 pitals or charitable or eleemosynary institutions, and persons 
 exclusively engaged in charitable or eleemos5rnary work; and 
 persons and property engaged or employed in educational work 
 or scientific research when permitted by commission; to the ex- 
 ecutive officers of mercantile or promotion boards or bodies with- 
 in this state when traveling in the performance of duties affecting 
 the advancement of the business of such boards or bodies, or the 
 
 5094 development of trade or industry within or without this state, 
 when authorized by commission; to hotel employes of season 
 resort hotels, when authorized by commission; to indigent, desti- 
 tute and homeless persons and to such persons when transported 
 by charitable societies or hospitals, and the necessary agents em- 
 ployed in such transportation; to inmates of the national homes 
 or state homes for disabled volunteer soldiers and soldiers' and 
 sailors' homes, including those about to enter and those returning 
 home after discharge; to necessary caretakers, going and return- 
 ing, of live stock, poultry, milk, fruit and other freight imder uni- 
 form and non-discriminatory regulations; to employes of sleeping 
 car corporations, express corporations and telegraph and tele- 
 phone corporations; to railway mail service employes. United 
 States internal revenue officers, post-office inspectors, customs 
 officers and inspectors and immigration inspectors when traveling 
 in the course of their official duty; to newsboys on trains, baggage 
 agents, witnesses attending any legal investigation in which the 
 carrier is interested, persons injured in accidents or wrecks and 
 physicians and nurses attending such persons. Stats, igii, ist. 
 ex. sess., ch. 14, sec, I7{a){j). 
 
 Provided, that no free ticket, free pass or free or reduced 
 rate of transportation shall be issued, given or tendered to any 
 officer, agent or employe of a common carrier who is at the same 
 time a shipper or receiver of freight or an officer, agent or employe 
 of a shipper or receiver of freight, unless such officer, agent or 
 employe devotes substantially his entire time to the service of 
 of such carrier; and provided further that the members of com- 
 
 5095 mission, their officers and employes shall be entitled when in the 
 performance of their official duties to free transportation over the 
 lines of all common carriers within this state; and provided, 
 further, that passenger transportation may issue to the propri- 
 
 S18 
 
etors and employes of newspapers and magazines and the mem- 
 bers of their immediate f amiUes in exchange for advertising space 
 in such newspapers or magazines at full rates, subject, however, 
 to such reasonable restrictions as commission may impose. Same. 
 Nothing in this act contained shall be construed to prohibit 
 the issue by express corporations of free or reduced rate trans- 
 portation for express matter to their officers, agents, employes, 
 attorneys, physicians and surgeons and members of their fam- 
 ilies, or the interchange of free or reduced rate transportation 
 for passengers or express matter between common carriers, their 
 officers, agents, employes, attorneys, physicians and surgeons and 
 members of their families; provided, that such express matter 
 be for the personal use of the person to or for whom such free or 
 reduced rate transportation is granted, or of his family; nor to 
 prohibit the issue of passes or franks by telegraph or telephone 
 
 2096 corporations to their officers, agents, employes, attorneys, phy- 
 sicians and surgeons and members of their families, or the ex- 
 change of passes or franks between such telegraph and telephone 
 corporations or between such corporations and such common 
 carriers, for their officers, agents, employes, attorneys, physi- 
 cians and surgeons and members of their families; nor to prevent 
 the carrying out of contracts for free or reduced rate passenger 
 transportation heretofore made, founded upon adequate con- 
 sideration and lawful when made; nor to prevent a common car- 
 rier from transporting, storing or handling free or at reduced 
 rates the household goods and personal effects of its employes, of 
 persons entering or leaving its service and of persons killed or 
 dying while in its service. Same. 
 
 Every common carrier may transport free or at reduced 
 rates persons or property for the United States, state, county or 
 municipal governments, or for charitable purposes, or to provide 
 relief in cases of general epidemic, pestilence or other calamitous 
 visitation, and property to or from fairs or expositions for ex- 
 hibit thereat; also contractors and their employes, material or 
 
 2097 supplies for use or engaged in canying out their contracts with 
 said carriers, for construction, operation or maintenance work 
 or work incidental thereto on the line of the issuing carrier, to 
 the extent only that such free or reduced rate transportation is 
 provided for in the specifications upon which the contract is based 
 and in the contract itself. Common carriers may also enter into 
 contracts with telegraph and telephone corporations for an ex- 
 change of service. Same, sec. iy{a){4). 
 
 See also par. 1804. 
 
 519 
 
COLORADO Nothing herein shall prevent the carriage or 
 
 transporting free or at reduced rates, of the household goods or 
 other personal property of officers, employes, agents in the em- 
 ploy of such common carriers or the interchange of franks for the 
 free transportation of personal property of officers, agents, at- 
 
 S098 tomeys and employes ^ of common carriers and their families, or 
 for the United States, the state or any political subdivision 
 thereof, or any mimicipality thereof, or for charitable purposes, 
 or to and from fairs and expositions for exhibitions thereat . Laws 
 igio, sp. sess., ch. 5, sec. 4. 
 
 FLORIDA Nothing shall prevent common carriers from 
 
 the carriage, storage or handling of property free or at reduced 
 rates for charitable ptirposes or to and from fairs or expositions 
 for exhibition thereat, or free carriage of destitute or homeless 
 persons, transported by charitable societies, and the necessary 
 agents employed in such transportation, or the issuance of mile- 
 age, excursion or commutation or round trip passenger tickets, 
 or from giving reduced rates to ministers of religion, or from 
 giving free passes to their own officers or employes, and their 
 
 2099 immediate families dependent upon them, or to prevent the prin- 
 cipal officers of any railroad company or companies from ex- 
 changing passes or tickets with other railroad companies for their 
 officers and employes, or free passes or reduced rates to persons 
 in charge of live stock shipped from point of shipment to destina- 
 tion and return, or from issuing second class tickets at a lower 
 rate of fare than for first class tickets, for the holders of which 
 second class tickets so issued only second class accommodations 
 shaU be allowed. Gen. Stats. igo6, sec. 2gig. 
 
 Nothing in this act shall be construed to prevent telegraph 
 companies from entering into contracts with common carriers 
 for the exchange of services, nor to affect existing contracts re- 
 lating thereto, nor to prohibit the privilege of passes or franks or 
 
 2100 the exchange thereof with each other for the officers, agents, em- 
 ployes and their families of such telegraph companies, and the 
 officers, agents, employes and their famiHes of other common 
 carriers. Laws igii, ch. 6i8y, sec. j. 
 
 It shall be lawful for common carriers including railroad com- 
 panies to grant free passage or free tickets to the immediate fam- 
 ilies of their physicians, siirgeons and salaried attorneys at law, 
 
 2101 dependent upon them, and to exchange free passes with other 
 
 * The definitions of the terms "employes " and " families " are identical with the defini- 
 tions in United States provisions. See footnote, p. 84. Laws 1910, sp. sess., ck. 5, sec. 4. 
 
 520 
 
common carriers for the immediate families of their physicians, 
 surgeons and salaried attorneys at law, dependent upon them. 
 Laws 1 91 1, ch. 6229, sec. i. 
 
 Any common carrier may transport at free or reduced rates 
 material to be used by the state, by any county or by any mtmici- 
 
 2102 pality in this state for roads, streets or bridge purposes. Laws 
 igii, ch. 62J1, sec. i. 
 
 ILLINOIS Nothing shall be so construed as to prevent 
 
 railroad corporations from issuing commutation, excursion or 
 
 2103 i,oQo-mile tickets, as the same are now issued by such cor- 
 porations. Revisal igog, ch. 114, sec. 126. 
 
 Nothing shall be construed to prohibit any express company 
 or carrier by express from carrying or transporting free or at re- 
 duced rates the personal property for the personal use of its offi- 
 
 2104 cers, agents and employes and their families, nor from exchanging 
 such transportation with other express companies and carriers 
 by express for themselves, their officers, agents and employes and 
 their families. Same, sec. j/o. 
 
 INDIANA No carrier shall directly or indirectly issue or 
 
 give any free ticket, free pass or free transportation for passen- 
 gers, freight or express or for service or accommodation in any 
 sleeping car, parlor car or dining car, except to its employes and 
 members of their families, and the widow and dependent mem- 
 bers of the families of deceased employes, its officers, agents, sur- 
 geons, physicians and lawyers and members of their families; to 
 ministers of rehgion, traveling secretaries of Young Men's Chris- 
 tian Associations, inmates of hospitals and charitable and elee- 
 mosynary institutions, and persons exclusively engaged in chari- 
 table and eleemosynary work; to aged, destitute and homeless 
 persons, and to such persons when transported by charitable 
 societies or hospitals, and the necessary agents employed in such 
 transportation; to inmates of the national homes or state homes 
 for disabled volunteer soldiers, and of soldiers' and sailors' homes, 
 including those about to enter and those returning after discharge, 
 and boards of managers of such homes; to necessary caretakers 
 of live stock, potdtry, fruit and vegetables, during the transporta- 
 tion of the same; to employes of sleeping cars, express cars and to 
 linemen and other employes and officers of the telegraph and 
 telephone companies when traveling on business incident to tele- 
 
 2106 graph or telephone construction, maintenance or operation; to 
 railway mail service employes, to newsboys on trains, baggage 
 
agents, witnesses attending any legal investigation in which the 
 carrier is interested, persons injured or killed in railroad acci- 
 dents, and their attendants and physicians and nurses attending 
 such persons; to contractors and their employes while performing 
 work, under written contract, on the line of the carrier by which 
 the transportation is given, and to publishers of newspapers for 
 printing and advertising performed imder written contract ; pro- 
 vided, that no such exception shall apply to a public officer of 
 this state, other than those mentioned and notaries public, and 
 provided, that this provision shall not be construed to prohibit 
 the interchange of passes for the officers and agents and employes 
 of such carriers and their families, nor to prohibit any such car- 
 rier from carrying passengers, freight or express free with the 
 object of providing relief in cases of general epidemic, pestilence 
 or other calamitous visitations, nor to prohibit the free carriage 
 by any such carrier of children less than five years old when ac- 
 companied by an adult; provided, further, that the provisions 
 of this paragraph shall not apply to any pass legally issued for 
 the year 1907 or any part thereof heretofore issued and given, nor 
 shall this provision apply to parties carried for the purpose of in- 
 specting the carrier's lines with a view to investing in its securi- 
 ties or the improvement of its property, or to policemen or other 
 peace officers while in imiform within their respective towns and 
 cities. Acts igoy, ch. 241, sec. ijie). 
 See also par. 1745. 
 
 IOWA .Nothing in this chapter shall apply to the 
 
 transportation, storage or handling of property free or at reduced 
 rates for the United States, this state, or municipal governments 
 by common carriers, nor to charitable purposes, or to and from 
 fairs and expositions for exhibition thereat, nor for the employes 
 thereof or their families, or private property or goods for the 
 fanuly use of such employes, nor from giving reduced rates to 
 the quartermaster general of the state, for the transportation 
 of officers or enlisted men of the Iowa national guard, when 
 
 2106 traveling under the orders of the commander in chief, or to min- 
 isters of religion, nor from giving free transportation to their own 
 officers and employes, and their families dependent upon them 
 for support, nor to persons in charge of live stock being shipped 
 from point of shipment to destination and return, nor to prevent 
 the officers of any railway company from exchanging passes or 
 tickets with other railroad companies; and nothing in this chap- 
 ter shall in any way abridge or alter the remedies now existing at 
 
 522 
 
common law or by statute, but the provisions thereof are in addi- 
 tion to such remedies. Code iSgy, sec. 2150. 
 
 The commissioners and their secretary shall be carried free* 
 while performing their duties, on all railroads and trains in the 
 
 1107 state, and may take with them experts or other agents, who 
 shall be carried free. Same, sec. 2 151. 
 
 No common carrier of passengers shall directly or indirectly 
 issue, furnish or give any free ticket, free pass or free transporta- 
 tion for the carriage or passage of any person within this state 
 except as permitted in the paragraph immediately following. 
 Nor shall any common carrier in the sale of tickets for transporta- 
 
 2108 tion at reduced rates discriminate between persons purchasing 
 the same, except the persons described in the paragraph imme- 
 diately following. Nor shall any person accept or use any free 
 ticket, free pass or free transportation ^ except the persons de- 
 scribed in said paragraph. Same, sec. 2ijyf. 
 
 The persons to whom free tickets, free passes, free transpor- 
 tation and discriminating reduced rates may be issued, furnished 
 or given are the following, to wit: (a) the officers, agents, em- 
 ployes, attorneys, physicians and surgeons of such common car- 
 riers of passengers whose chief and principal occupation is to 
 render service to common carriers of passengers; (b) to the fam- 
 ilies of the persons included in subdivision ''a" hereof; (c) the 
 general officers of any such common carrier; (d) employes on 
 sleeping cars, express cars and linemen of telegraph and telephone 
 companies, railway mail service employes, post-office, customs 
 and immigration inspectors, newsboys on trains, baggage agents ; 
 (e) persons injured in wrecks and physicians and nurses attending 
 such persons; (/) passengers traveling with the object of pro- 
 viding reUef in cases of railroad accident, general epidemic, pes- 
 tilence or other calamitous visitation; (g) necessary caretakers 
 of hve stock, vegetables and fruit, including return transporta- 
 
 S109 tion to forwarding agent; (h) the officers, agents or regularly ac- 
 credited representatives of labor organizations, composed wholly 
 of employes of railway companies; (i) inmates of homes for the 
 reform or rescue of the vicious or unfortunate, including those 
 about to enter and those returning home after discharge, and 
 boards of managers, including officers and superintendents of 
 such homes; (j) superannuated and pensioned employes andmem- 
 
 * The words "free ticket," "free pass," "free transportation" as used in this act shall 
 include any ticket, pass, contract, permit or transportation issued, furnished or given to any 
 person by any common carrier of passengers for carriage or passage for any other considera- 
 tion than money paid in the usual way at the rate, fare or charge open to all whp desijre tp 
 purchase. Code i8o7. sec. 2i57f. 
 
bers of their families and widows of employes who died while in 
 the service of such common carriers; (k) employes crippled and 
 disabled in the service of a common carrier of passengers; (l) 
 policemen and firemen of any city wearing the insignia of their 
 office within the limits of such city; (m) ministers of religion, 
 traveling secretaries of railroad Young Men's Christian Asso- 
 ciations, inmates of hospitals and charitable and eleemosynary 
 institutions, and persons exclusively engaged in charitable and 
 eleemosynary work; {n) indigent, destitute and homeless per- 
 sons while being transported by charitable societies or hospitals 
 in such transportation; (o) school children to and from public 
 or parochial schools; (p) the state fish and game warden and his 
 car and necessary assistants therewith, when engaged in the per- 
 formance of official duties. SamCy sec. 2i^yg. 
 
 In any prosecution vuider this act if it is claimed that a free 
 ticket, free pass or free transportation was wrongfully issued or 
 given to physicians or surgeons, attorneys, agents, employes, it 
 shall be incumbent upon the defendant to prove the character of 
 the service rendered or to be rendered. The provisions of this 
 act shall not be construed to prohibit the interchange of passes 
 for the persons to whom free tickets, free passes or free trans- 
 portation may be ftimished or given under the provisions of this 
 
 2110 sectiaa. Nothing in this act shall operate to repeal the provi- 
 sions of section 2150 of the code so far as said section refers to 
 the members of the national guard, nor shall it operate to repeal 
 section 215 1 of the code. Nothing in this act shall be construed 
 to invalidate any existing contract between a street railway com- 
 pany and a city where a condition of a franchise grant requires 
 the furnishing of transportation to policemen, firemen and city 
 officers while in the performance of official duties. Same. 
 
 No person within the purview of this act shall be privileged 
 from testifying in relation to anything herein prohibited, but no 
 
 am person having so testified shall be liable to any prosecution or 
 punishment for any offense concerning which he was required to 
 give his testimony. Same, sec. 2157 {it). 
 
 Any common carrier, its officer, agent or representative vio- 
 lating any of the provisions of this act shall be fined in a sum not 
 less than $100 and not more than $1,000 for each offense, or in 
 the discretion of the court shall be imprisoned in the county jail 
 
 siia for not less than 30 and not more than 90 days; and any person 
 other than the persons excepted in the preceding paragraph who 
 accepts or uses any free ticket, free pass or free transportation 
 
 5«4 
 
for carriage or passage within this state shall be subject to a like 
 penalty. Same, sec. 2151%. 
 
 KANSAS Any member of commission while acting in 
 
 performance of his official dirties together with such attorney for 
 commission, secretary, stenographers, accoimtant, expert or other 
 agents whose services commission may deem to be important in 
 the discharge of their duties, shall have the right of passing at all 
 times over all the roads and on all railroad trains or any part 
 thereof in this state free of charge. It shall be imlawful for any 
 commissioner, attorney for commission, secretary or employe of 
 
 HIS commission to receive or apply for any free transportation or re- 
 duced rates for transportation, from any railroad company or 
 other common carriers, their agents, servants or employes for 
 any other person, during the term of his office or emplo3mient; 
 and any person violating the provisions hereof shall be guilty of 
 a misdemeanor, and upon conviction shall be fined in any sum 
 not less than $50 nor more than $1,000; and upon conviction of 
 any commissioner of such violation the governor shall declare 
 his office vacant and shall appoint a successor thereto. Gen. 
 Stats, igog, sec. 7i6g. 
 
 Nothing shall prevent the carriage, storage or handling of 
 freight free or at reduced rates for the state or for city, 
 county or town government, or for charitable purposes, or to and 
 from fairs and expositions, for exhibition thereof, or the free car- 
 riage of destitute, indigent persons, or the issuance of mileage or 
 
 2114 excursion passenger tickets; nor to prevent railroads from giving 
 special rates or free transportation to the officers and members 
 of the Kansas national guard, to ministers of religion, inmates 
 of hospitals, eleemosynary or charitable institutions, or to any 
 railroad officers, agents, employes, attorneys, witnesses attending 
 court or before commission on behalf of such railroad company, 
 stockholders or directors. Same, sec. 7177. 
 
 It shall be imlawful for any railroad company to issue, give 
 or offer to issue or give any free pass, ticket or transportation in 
 any form to passengers for use upon the lines within this state, 
 except its officers and directors, and employes ^ and their families; ^ 
 
 ^The word "employe" as used in this act shall be construed to include all persons who 
 devote their principal time, skill and energy to the service of the railroad company by which 
 they are employed, and who receive a stated and remunerative salary therefor, and to exclude 
 all others who do not depend primarily upon such employment for a livelihood, eiccept one 
 local attorney, physician and surgeon in any one county, through or in which said railroad is- 
 suing such pass has a line of road. Gen. Stats. 1909, sec. 7257. 
 
 *The word "family" as used in this act shall be construed to include the employe, his 
 wife and minor children, immediate members of his household and dependent on hun for 
 support, and to exclude all others. Same, sec. 7258. 
 
the employes of express, telegraph or sleeping car companies and 
 their families; a representative from each of the labor organiza- 
 tions of employes of the railway companies; railway employes 
 incapacitated by reason of disease or injury incurred or received 
 in the employ of the company issuing such pass; ex-railway em- 
 ployes who have been engaged in the employ of a railway com- 
 pany continuously for 15 years and placed on the retired list; also 
 messengers and clerks in the railway mail service; news agents 
 S1I6 while selling papers, books, magazines, fruit, confectionery, etc., 
 on the train; members of commission and their attorney, to- 
 gether with all other officers and employes of commission; per- 
 sons injured in wrecks or by accidents, and doctors, nurses and 
 necessary attendants in caring for such injiu-ed persons, to be 
 used only in visiting employes and their families or in accom- 
 pan3dng employes to railroad hospitals; caretakers of stock, 
 poultry or fruit in carload lots, to be used exclusively in accom- 
 panying the same to destination and returning therefrom; sheriff 
 and chief of police in cities of the first class; indigent, destitute 
 or homeless persons whose dependent condition is certified to by 
 mayor, commissioner of the poor or the chairman of the board 
 of coimty commissioners, and it shall be unlawful for any person 
 other than the above excepted persons to solicit, accept or use 
 any such free pass, ticket or transportation. Same, sec. 7255. 
 
 Any officer, agent or employe of any railroad company who 
 issues, gives or deHvers or offers to issue or give any free pass, 
 ticket or transportation to any person not authorized to accept 
 and use the same by this act shall be deemed guilty of a mis- 
 demeanor, and pimished by a fine of not more than $100, or by 
 imprisonment in the coimty jail not more than 30 days, or by 
 
 2116 both such fine and imprisonment; and any person not authorized 
 by this act. to accept and use such pass, ticket or transportation 
 who solicits for himself or others or accepts or uses the same, shall 
 be deemed guilty of a misdemeanor, and shall be punished by a 
 fine of not more than $100, or by imprisonment in the coimty 
 jail not more than 30 days, or by both such fine and imprison- 
 ment. Same, sec. 7256. 
 
 The terms of this act shall not be construed as prohibiting 
 the issuance, acceptance or use of free passes, tickets or trans- 
 
 2117 portation during the prevalence of an epidemic, pestilence or 
 catastrophe, when necessary to afford relief or to mitigate the evil 
 effects of such calamitous visitation. Same, sec. 72$g. 
 
 The provisions of this act shall not be construed as pro- 
 526 
 
hibiting excursion rates open to the public generally, reduced 
 fare to ministers of the gospel and those giving their entire time 
 to religious benevolence or charitable work, or to the inmates 
 3118 of soldiers' homes, state or national, including those about to 
 enter and those returning home after their discharge, and mem- 
 bers in good standing in the Grand Army of the Republic; pro- 
 vided, however, this act shall not afEect any rate now provided 
 by law for the transportation of members of the Kansas national 
 guard. Same, sec. J260. 
 
 Rates different from those specified in the printed schedule 
 or classification of rates may be charged by any public utility, 
 street or interurban railway, by agreement with the customer, 
 in cases of charity, emergency, festivity or public entertainment; 
 
 2119 provided, that any utility governed by the provisions of this act 
 may grant to the officers, employes and agents of such utilities 
 free or reduced rates or service upon like terms and in the same 
 manner as is now provided by law relating to common carriers. 
 Laws 1911, ch. 2j8, sec. 12. 
 
 LOUISIANA Nothing herein shall prevent the raihroad, 
 
 express, telegraph, telephone, steamboat or other water craft 
 or other companies from serving free of cost or at reduced rates 
 the state, or any city, parish or town government, or any chari- 
 table purpose, or any order or exposition, or any destitute or 
 
 2120 indigent person, or the issuance of mileage or excursion tickets, 
 nor to prevent railroads, steamboat or other water craft from 
 giving free transportation to ministers of religion or inmates of 
 hospitals or to railroad officers, agents, employes, attorneys, 
 stockholders or directors unless otherwise provided by this con- 
 stitution. Const. J art. 287. 
 
 MAINE Railroad companies may sell excursion, retiim 
 
 or other special tickets at less than the regular rates of fare, to 
 
 2121 be used only as provided on the ticket. Rev. Stats. 1903, ch. 52, 
 sec. 2. 
 
 This statute shall not apply to the issuance and interchange 
 of passes, for passes for officers, agents, employes, surgeons, phy- 
 sicians and attorneys of railroads and other carriers, and their 
 families, or to police officers, or to members of fire departments 
 in course of duty, but such officer, agent or person, if holding 
 
 2122 or receiving free or reduced rate transportation, shall not receive 
 from the state or municipality any mileage or pay for personal 
 transportation as such state or covinty or municipal official over 
 
 527 
 
the steam or other railways over which he has free or reduced rate 
 transportation. Puh. Laws iQoy, ch. 153, sec. 2, as amended by 
 Pub. Laws igiiy ch. 4j, sec. 2. 
 
 Any person convicted of a violation of any of the provisions 
 ai23 of this act shall be punished by a fine not less than $100 nor 
 more than $500. Same^ sec. 3. 
 
 MASSACHUSETTS Every railroad corporation which has a ter- 
 minus in Boston shall upon the appHcation of 200 or more per- 
 sons therefor furnish on each week day a morning train in and an 
 evening train out for distances not exceeding 1 5 miles, or suitable 
 
 2124 cars attached to other trains, and reaching and leaving Boston 
 about six o'clock in the forenoon and afternoon, or at such hours 
 as may be fixed by commission; and for such trains, shall furnish 
 season tickets good once a day each way for six days in the week, 
 at a rate not exceeding for yearly tickets $3 a mile and for 
 quarterly tickets $1 a mile. Acts igo6, ch. 463, pt. ii, sec. i8y. 
 
 Every railroad corporation which has a terminus in Boston 
 shall fiurdsh such number of workingmen's trains, not less than 
 two each way, as commission upon a petition for such trains filed 
 with it shall in each case order. Such trains shall arrive at Bos- 
 ton between six and half past seven o'clock in the morning and 
 leave Boston between the same hours in the evening and special 
 
 2125 cars may be provided therefor. Season tickets good once a day 
 each way for six days in the week shall be furnished for such 
 trains at a rate not exceeding for yearly tickets $3 a hiile and for 
 quarterly tickets $1 a mile. Trip tickets now issued shall be 
 good on the two trains authorized by this section and shall not 
 be withdrawn when the rate therefor be increased without the 
 consent of commission. Same, sec. 188. 
 
 A street railway company may provide cars for special serv- 
 ice, and may make special rates therefor; and may make special 
 
 2126 rates for workingmen and working women on week days be- 
 tween the hours of five and seven in the morning and five and 
 seven in the evening, and for children attending school. Same, 
 pt. iii, sec. g8. 
 
 The rates of fare charged by street or elevated railway 
 companies for the transportation of pupils of the public schools 
 or public evening schools or private schools between a given 
 point from or to which it is necessary for them to ride in traveling 
 to or from the school houses in which they attend school and their 
 
 2127 homes, whether such school houses are located in the city or town 
 in which the pupils reside or in another city or town, shall not 
 
 S28 
 
exceed one-half the regvilar fare charged by such street or ele- 
 vated railway company for the transportation of other passengers 
 between said points, and tickets for the transportation of pupils 
 as aforesaid, good during the days or evenings on which said 
 schools are in session, shall be sold by said companies in lots of 
 ten each. A railway company which violates the provisions of 
 this section shall forfeit $25 for each offense. Acts igo8, ch. 5^0, 
 sec. I. 
 
 MICHIGAN Any railroad corporation may make contracts 
 
 for the conveyance of passengers upon designated trains for a 
 specific distance at fixed times at such reduced rates of fare as 
 the parties may agree upon. Tickets may be issued for such 
 
 J128 passengers upon which shall be plainly printed the terms upon 
 which they may be used. Such tickets shall not entitle the 
 holder to ride upon any train hot therein designated or i^t any 
 tiine beyond that stipulated therein. Comp. Laws iSgy, sec. 
 
 5255- 
 
 No common carrier shall directly or indirectly issue or give 
 any free ticket, free pass or free transportation for "passengers 
 except to its employes or their families, its officers, agents, sur- 
 geons, physicians or attorneys at law and members of their fami- 
 lies; or to former railroad employes and members of their families, 
 when such employes have become disabled in the railway service, 
 or retired upon pensions, and to members of the families of de- 
 ceased employes; to ministers of religion, traveling secretaries 
 of railroad Yoimg Men's Christian Associations, persons en- 
 gaged exclusively in charitable and eleemosynary work, to indi- 
 gent, destitute and homeless persons and to such persons when 
 transported by charitable societies or hospitals, and the necessary 
 agents employed in such transportation; to inmates of the na- 
 tional homes or state homes for disabled volunteer soldiers' and 
 sailors' homes, including those about to enter and those return- 
 ing home after discharge, boards of managers of such homes; to 
 necessary caretakers of live stock, poultry, fruit and vegetables; 
 2149 to employes on sleeping cars and express cars; to linemen of tele- 
 graph and telephone companies and others engaged in the care 
 and operation of telegraph and telephone lines; to railroad postal 
 employes, postoffice, customs and immigration inspectors; to 
 newsboys on trains, baggage agents, witnesses attending any 
 legal investigation in which the common carrier is interested, 
 persons injured or killed in accidents and members of the families 
 of the same, and physicians and nurses attending such persons, 
 
 529 
 
and dependent relatives of injured or deceased employes, and 
 such other persons as commission may from time to time by spe- 
 cial order designate; provided, that this provision shall not be 
 construed to prohibit the interchange of passes for the officers, 
 agents, attorneys and employes of common carriers and their 
 families; nor to prohibit any common carrier from carrying pas- 
 sengers free with the object of providing relief in cases of general 
 epidemic, pestilence or otherwise calamitous visitation; pro- 
 vided, fiu-ther, that nothing shall be construed to prohibit the ex- 
 change of mileage for advertising in publications of general circu- 
 lation. Pub. Acts igog, no. joo, sec. 5(a). 
 
 Any common carrier wilfully violating this provision shall 
 be deemed guilty of a misdemeanor, and for such offense on con- 
 
 8130 viction shall pay to the state a penalty of not less than $100 nor 
 more than $500, and any person other than persons excepted in 
 this provision who uses any such free ticket, free pass or free 
 transportation, shall be subject to a like penalty. Same. 
 
 Nothing herein shall prevent the carriage, storage or hand- 
 ling of freight free or at reduced rates for the United States, the 
 state or any political subdivision thereof, or any mimicipality 
 thereof, or for charitable piuposes, or to and from fairs and 
 expositions for exhibition thereat, or household goods, or other 
 personal property of railroad employes, or the interchange of 
 franks for the free transportation of personal property of the 
 
 2131 officers, agents, attorneys and employes of common carriers and 
 their families; nor to prohibit any common carrier from carrying 
 property free with the object of providing relief in cases of gen- 
 eral epidemic, pestilence or other calamitous visitations, or the 
 issuance of mileage, commutation, excursion passengers' or 
 party tickets; provided that such tickets shall be obtainable by 
 all persons applying therefor under like circimistances and condi- 
 tions without discrimination. Same, sec. 5(6). 
 
 Nothing in this act shall be construed to prevent concentra- 
 tion, commodity, transit and other special contract rates, but all 
 such rates shall be open to all shippers for a like kind of traffic 
 8182 imder similar circumstances and conditions, and shall be subject 
 to the provisions of this act as to the printing and the filing of the 
 same ; provided, all such rates shall be under the supervision and 
 regulation of commission. Same, sec. 11. 
 
 In time of war or threatened war preference and precedence 
 
 shall upon the demand of the governor of the state be given over 
 
 2188 all other traffic to the transportation of troops and material of 
 
 530 
 
war and carriers shall adopt every means within their control 
 and facilitate and expedite the military traffic. Pub. Acts 191 1, 
 no. 7jp, sec. 10(h). 
 
 MINNESOTA Nothing shall prevent the carriage, storage or 
 
 handling of property free, or at reduced rates for the United 
 States, state or for any mtinicipal corporation thereof, or for 
 charitable purposes, or for exhibition at fairs or expositions, or of 
 stock for breeding purposes; or the issuance of mileage, excursion 
 
 2134 or commutation passenger tickets at rates equal for all or giving 
 such reduced rates to ministers of religion, sisters of charity, mis- 
 sionaries, students of any educational or inmates of any charitable 
 institution; nor the free transportation of passengers when al- 
 lowed by law. Rev. Laws igoj, sec. 2010. 
 
 Nothing in this act shall apply to the carriage, storage Or 
 handling by any common carrier of property free or at reduced 
 rates for the United States, or the state of Minnesota, or for any 
 
 J136 municipal government or corporation within the state, or for any 
 charity, religious society or charitable ptirpose, or to or from 
 fairs or expositions, or for stock breeding purposes, or for carrying 
 seed grain. Laws 1905, ch. 176, sec. 4. 
 
 From and after January i, 1908, it shall be unlawful for any 
 person, association, copartnership or corporation or any repre- 
 sentative thereof, to offer, give or in any manner fvimish to any 
 person either for himself or another, any free pass or frank or any 
 special privilege or reduction in rate withheld from any other 
 person for the traveling accommodation or transportation of 
 any person or property or the transmission of any message or 
 commimication except to persons included within the classes 
 hereinafter designated and limited, and it shaU also be unlawful 
 for any person not included within the classes hereinafter excepted 
 and limited to solicit or receive either for himself or another from 
 any person, association, copartnership or corporation, or use in 
 any manner or for any purpose any free pass or frank or special 
 privilege withheld from any person for the traveHng accommo- 
 dation or transportation of any person or property or the trans- 
 mission of any message or communication; provided, however, 
 that nothing contained in this act shall be construed to prohibit 
 or to make imlawful the issuing or giving of any such free ticket, 
 free pass or free transportation to any person or persons within 
 the classes hereinafter excepted or limited or the acceptance or 
 use of the same by persons within such classes, that is to say, 
 officers, bona fide agents, surgeons, physicians, attorneys and 
 
 531 
 
^6 empfe}^ dt siieh raiiroad or other companies or persons affected 
 %y this act, and dependent members of their families, the duly 
 elected representatives of railroad labor organizations, children 
 under 1 2 years of age, ministers of religion, secretaries of Yoimg 
 Men's Christian Associations, persons exclusively engaged in 
 charitable and eleemosynary work, indigent, destitute and home- 
 less persons, and such persons when transported by charitable 
 Societies or hospitals or by public charity, and necessary agents 
 iSiiployed in such transportation, inmates of national homes or 
 state homes for disabled volimteer soldiers, inmates of soldiers' 
 and sailors' homes, including those entering and returning from 
 stich homes, and boards of managers of such homes, postoffice, 
 customs and immigration inspectors; witnesses for such railroad 
 companies attending any legal investigation in which said com- 
 pany is interested; officials and linemen of telegraph and telephone 
 companies; ex-employes retired from service on accoimt of age or 
 because ctf disability sustained while in the service of said rail- 
 foad company, and the dependent members of their families, or 
 the widows or dependent children of employes killed while in the 
 Service df such railroad company; necessary caretakers of live 
 stock, poultry, vegetables and fruit including transportation to 
 and from the point of delivery, employes on sleeping and express 
 mrs, railway ihail service employes, newsboys on trains, baggage 
 agents and persons injured in wrecks and physicians and nurses 
 attending them; provided, that one trip pass for a discharged 
 employe and his fanuly may be issued for use within 30 days 
 of such discharge. Laws iQoy, ch. 44Q, sec. i. 
 
 Provided, further, that the provisions of this act shall not be 
 construed to prohibit and make -unlawful the interchange of passes 
 and express and other franks for the officers, bona fide agents, 
 surgeons, physicians, attorneys and employes and the dependent 
 2137 members of their families, of any person or company affected by 
 this act, nor to prohibit any company affected by this act from 
 doing any of the things prohibited hereby free, with the object 
 of providing relief in cases of general epidemic, pestilence or ca- 
 lamitous visitation. Same. 
 
 Provided, further, that the provisions of this act shall not be 
 construed to prohibit or make unlawful the interchange of pas- 
 senger transportation and message service between such railroad 
 SIS8 companies and telegraph companies; and provided, further, that 
 the provisions of this act shall not be construed to prohibit or 
 make unlawful the interchange between railroad, express, tele- 
 
 532 
 
graph and telephone companies of the transportation of persons 
 and property and the transmission of messages. Same. 
 
 Provided, further, that no free transportation shall be issued 
 or given to any person when such person is a member of, employed 
 by or in any way connected with any political committee or can- 
 
 S139 didate for or incumbent of any office or position under the 
 constitution and laws of this state except as herein provided. 
 Same. 
 
 Any person, corporation or company or any officer or agent 
 of such corporation or company violating any of the provisions 
 
 tt40 of this act shall be guilty of a misdemeanor and upon conviction 
 thereof shall be punished by a fine of not exceeding $ioo or by 
 imprisonment in the county, jail for a period not exceeding go 
 days. Same, sec. j. 
 
 It shall be lawful for any railroad or transportation com- 
 pany operating in this state, to transport, handle or store free or 
 at reduced rates for the United States, the state or for any mtmic- 
 
 sia ipal corporation thereof any stone, stonedust, gravel, sand or 
 any other material to be used in building, improving or repairing 
 public highways by any of the said entities c«: corporations here- 
 in mentioned. Laws iQii, ch. 192, sec. i. 
 See also par. 2008. 
 
 MISSISSIPPI It is imlawful for any railroad to grant free 
 
 passes or tickets, or passes or tickets at reduced rates to any 
 person, or to transport or suffer any person to be transported free 
 of charge or at reduced rates not applicable to all persons alike; 
 but this shall not prevent the transportation free of charge or at 
 reduced rates of persons and freight for a scientific, religious or 
 benevolent purpose, or for an industrial exhibition, fair or asso- 
 ciation of a public nature, nor shall such transportation of im- 
 migrants, persons traveling with a view of locating immigrants 
 and dependent and unfortunate persons ; nor shall it prevent the 
 sale and issuance of mileage, excursion and commutation tickets, 
 
 2ii» nor the free carriage of the railroad's own officers and all persons 
 bona fide in its employment at a salary or regular compensation, 
 nor the exchange of passes or tickets with other railroads for their 
 officers and employes, nor its free carriage of the class of persons 
 known as railroad employes, all persons injured in railroad acci- 
 dents, and all physicians and niu^es attendant upon injured per- 
 sons ; nor the carriage free or at reduced rates of the members of 
 families of officers and employes of the railroad. However, these 
 exceptions are allowed on the condition that the railroad shall 
 
 533 
 
report annually to commission aU free passes granted, by whom 
 and for what reason granted. Code igo6, sec. 4844. 
 See also par. 1828. 
 
 MISSOURI Excursion or commutation tickets may be is- 
 
 2143 sued at special rates. Reo. Stats, igog, sec. 3174. 
 See also par. igi5. 
 
 MONTANA Excursion or commutation tickets may be 
 
 issued and sold at special rates provided such rates are the same 
 
 3144 to all persons. Const., art. ocv, sec. 7. 
 
 Nothing in any of the provisions of law of the state shaU 
 be construed to prevent or shall prevent the carriage or storage 
 or handling of property free or at reduced rates for the govern- 
 ment of the United States or of the state of Montana, or the 
 owner or owners of any fish hatchery within the state, or of any 
 
 8145 anglers' association organized and existing therein, whenever 
 such property is being used for the exclusive piirpose of stock- 
 ing or planting with fish or fish eggs the waters within the state 
 of Montana; and nothing herein shall be construed to prevent 
 or shall prevent the issuing of free transportation to, or the 
 free carriage of, or selling tickets at reduced rates to, any and all 
 persons while actually engaged in transporting fish or fish eggs 
 for stocking or planting the waters of this state with such fish 
 or fish eggs. Laws igii, ch. 108, sec. i. 
 
 No common carrier of passengers shall directly or indirectly 
 issue, furnish or give any free ticket, free pass or free transporta- 
 tion 1 for the carriage or passage of any person within this state 
 
 2146 except as permitted in section two of this act. Nor shall any 
 common carrier in the sale of tickets for transportation at re- 
 duced rates discriminate between persons ptirchasing the same, 
 except the persons described in section two of this act. Laws 
 igii, ch. 136, sec. i. 
 
 The persons to whom free tickets, free pass, free transporta- 
 tion and discriminating reduced rates may be issued, furnished or 
 given are the following, to wit : (a) the officers, agents, employes, 
 attorneys, physicians and surgeons of such common carriers of 
 passengers; (b) to the families of the persons included in sub- 
 division *'a" thereof; (c) the general officers of any such common 
 carrier; (d) employes of sleeping car and express car companies, 
 and linemen of telegraph and telephone companies, railway mail 
 service employes, postoffice inspectors, newsboys on trains, bag- 
 
 *The definitions of the words "free ticket." "free pass," and "free transportation" 
 are identical with the definitions in Iowa provisions. See footnote, p. 04. Laws igih ch, 
 136, sec. I. 
 
 534 
 
gage agents; (e) persons injured in wrecks and physicians and 
 niirses attending such persons; (/) passengers traveling with the 
 object of providing relief in cases of railroad accident, general 
 epidemic, pestilence or other calamitous visitation; (g) necessary 
 caretakers of live stock, vegetables and fruit, including return 
 
 2147 transportation to forwarding station; (h) the officers, agents or 
 regularly accredited representatives of labor organizations com- 
 posed wholly of employes of railway companies; (i) inmates of 
 homes for the reform or rescue of the unfortunate or vicious, 
 including those about to enter and those returning home after 
 discharge, and boards of managers, including officers and super- 
 intendents of such homes; (J) superannuated and pensioned em- 
 ployes and members of their families and widows of such mem- 
 bers; (k) employes crippled and disabled in the service of the 
 common carrier of passengers; (l) policemen and firemen of any 
 city wearing the insignia of their office within the limits of such 
 city; (m) ministers of religion, newspaper employes in exchange 
 for advertising, traveling secretaries of Young Men's Christian 
 Associations, inmates of hospitals and charitable and eleemosy- 
 nary institutions, and persons exclusively engaged in charitable 
 and eleemosynary work; (n) indigent, destitute and homeless 
 persons while being transported by charitable societies or hos- 
 pitals, and necessary agents, employed in such transportation; 
 (o) school children to and from public or parochial schools; (p) 
 commission and its necessary employes, while traveling on official 
 duty. The provisions of this act shall not be construed to pro- 
 hibit the interchange of passes for the persons to whom free 
 tickets, free passes or free transportation may be furnished or 
 given imder the provisions of this section. Nothing in this act 
 shall be construed to invaHdate any existing contract between a 
 street railway company and a city where a condition of a fran- 
 chise grant requires the furnishing of transportation to police- 
 men, firemen and officers while in the performance of official 
 duties. Same, sec. 2. 
 
 Any common carrier, its officers or agents or representa- 
 tives violating any of the provisions of this act shall be fined in a 
 sum of not less than $10 nor more than $300 for each offense, and 
 
 2148 any person other than the persons excepted in section two of this 
 act who accepts or uses any free tickets, free pass or free trans- 
 portation for carriage or passage within this state, shall be subject 
 to a like penalty. Same, sec. 3. 
 
 See also par, 18 jj. 
 
NEBRASKA Nothing in this act shall prevent the carriage, 
 
 storage or handling of freight free or at reduced rates for the 
 
 2149 state or for any city, county or town government or for charitable 
 purposes or to and from fairs and expositions for exhibition there- 
 at. Cobbey's Annot. Stats, igog, sec. 10662(g). 
 
 It shall be unlawful for any railroad company or corpo- 
 ration owning or operating any line or lines of railroad in the 
 state, or any officer or agent of any such company or corpora- 
 tion to directly or indirectly issue or give to any person or persons 
 any free ticket, free pass or free transportation in any form for 
 the tragisportation of any passenger or passengers, on or over any 
 line or lines of railroad or any part thereof so owned or operated 
 by it in the state except to persons within the classes hereinafter 
 designated and limited; and it shall also be unlawful for any 
 person or persons not included within the classes hereinafter 
 designated and limited to accept and use any such free ticket, 
 free pass or free transportation in any form for traveling on and 
 over any line or lines of railroad or any part thereof in the state. 
 Provided, however, that nothing contained in this act shall be 
 construed to prohibit or make unlawful the issuing or giving of 
 any such free ticket, free pass or free transportation to any person 
 or persons within the classes herein designated and limited, or 
 the acceptance or use of the same by persc«is within such classes, 
 ai50 viz.: officers, agents, bona fide employes the major portion of 
 whose time is devoted to the service of such railroad company 
 and the dependent members of their immediate families ; children 
 under seven years of age ; officials and linemen of telegraph com- 
 panies; ex-employes retired from service on account of age, or to 
 their widows, or because of disabihty of employes sustained while 
 in the service of said railroad company and the dependent mem- 
 bers of their immediate families, or the widows or dependent 
 children of all employes, who die while in the service of such rail- 
 road company, or to transport the corpse of an employe dying in 
 the service ; necessary caretakers of live stock, poiiltry, vegetables 
 and fruit, including transportation to and from the point of de- 
 livery; employes of sleeping car companies, and express com- 
 panies, and railway mail service employes, newsboys on trains, 
 baggage agents and persons injured in wrecks and physicians 
 and nurses attending them. Provided, that one trip pass for a 
 discharged employe and his family may be issued for use within 
 30 days of such discharge. Provided, further, that the provisions 
 of this act shall not be construed to prohibit and make imlawful 
 
 »4 
 
the interchange of passes for the officers, agents and employes 
 and the dependent members of their immediate families of other 
 railroad companies; nor to prohibit any railroad company from 
 carrying passengers free with the object of providing relief in 
 cases of general epidemic, pestilence or calamitous visitation. 
 Same, sec. 10664. 
 
 Any railroad company or corporation or any person or per- 
 sons violating any of the provisions of this act shall be deemed 
 91S1 guilty of a misdemeanor, and for each offense on conviction 
 thereof shall pay a fine of not less than $100 nor more than 
 $1,000. Same, sec. 10665. 
 
 See also pars. 1762, 1763, ig20. 
 
 NEVADA Nothing in this act shall be construed to pre- 
 
 vent concentration, commodity, transit and other special con- 
 tract rates, but all such rates shall be open to all shippers of a 
 like kind of traffic imder similar circumstances and conditions, 
 
 2162 and shall be subject to the provisions of this act as to the printing 
 and filing of the same ; provided all such rates shall be vmder the 
 supervision and regulation of commission. Stats. 1907, ch. 44, 
 sec. 6. 
 
 Nothing herein shall prevent the carriage, storage or han- 
 dling of freight free or at reduced rates for the United States, the 
 state or any political subdivision thereof, or any municipality 
 thereof, or for charitable purposes, or to and from fairs and 
 expositions for exhibition thereat, or household goods and sup- 
 plies, the property of employes, or the issuance of mileage, com- 
 mutation or excursion passengers' tickets; provided, that the 
 same shall be obtainable by any persons applying therefor, with- 
 out discrimination, or of party tickets; provided that the same 
 shall be obtainable by any person applying therefor under like 
 218S circumstances and conditions. This act shall not be construed 
 as preventing railroads from giving free transportation xyr re- 
 duced rates therefor to any minister of the gospel, constable in 
 any coimty of the state, officer or agent of incorporated colleges, 
 college professors, school teachers, students attending institu- 
 tions of learning, regular agents of charitable societies when 
 traveling upon the business of the society only, destitute or home- 
 less persons, railroad officers, attorneys, directors, employes or 
 members of their families, or bona fide ex-railroad employes of 
 any steam or electric railroad in search of employment, or to pre- 
 vent the exchange of passes with officers, attorneys or employes 
 
 55? 
 
of other railroads and members of their families. Stats, igoj, 
 ch. 44, sec. 8, as amended by Stats, igii, ch. igi, sec. i. 
 
 Upon any shipment of live stock or other property of such 
 nature as to require the care of an attendant the railroad may 
 furnish to the shipper or some person or persons designated by 
 him, free transportation for such attendant, including return pas- 
 
 2154 sage to the point at which the shipment originated; provided, 
 that there shall be no discrimination in reference thereto between 
 such shippers, and commission shall have power to prescribe 
 regiilations in relation thereto. Same, sec. 8{a), as amended by 
 Stats, igii, ch. igi, sec. i. 
 
 NEW HAMPSHIRE Season and mileage tickets may be sold at 
 reduced rates; and special rates may be established for passengers 
 
 2155 who attend agricultural fairs and public meetings, for parties of 
 pleasure, and for military and other organized bodies. Pub. 
 Stats., ch. i6o, sec. 4. 
 
 No person shall ride upon a car or train who has not paid or 
 does not pay on demand the established rate except the following : 
 Stockholders going to and returning from stockholders' meetings ; 
 the directors, superintendent, treasurer and clerk of the proprie- 
 
 2166 tors of other railroads with which their road has connection; per- 
 sons in charge of mails and expresses ; and poor persons and persons 
 in misfortune who are imable to pay the fare, and others to whom 
 passes have been granted by the proper officers. Same, sec. 5. 
 No carrier ^ shall directly or indirectly issue or give any free 
 ticket, free pass or free transportation for passengers between 
 points within the state except to its officers and employes and 
 their families, to its surgeons, physicians and attorneys at law,^ 
 to ministers of religion, traveling secretaries of railroad Young 
 Men's Christian Associations, inmates of hospitals and charitable 
 and eleemosynary institutions, and persons exclusively engaged 
 in charitable and eleemosynary work; to indigent, destitute and 
 homeless persons, and to such persons when transported by 
 charitable societies or hospitals, and the necessary agents em- 
 ployed in such transportation; to inmates of the national homes 
 or state homes for disabled volimteer soldiers, and of soldiers' 
 
 2157 and sailors' homes, including those about to enter and those 
 returning home after discharge; to the officers and executive 
 
 1 The word "carrier" as used in this act shall be construed to mean all common carriers 
 of passengers including railroads. Laws 1909, ch. 126, sec. i{i). 
 
 'The words "employes," "surgeons," "physicians" and "attorneys at law" as used 
 in this act shall be construed to mean only such persons of each of such class as are in the 
 employment of the carrier in the transaction of its business. The word "employe" as 
 used in this act shall not be construed so as to include political legislative agents. Same, 
 sec. 1(2). 
 
 538 
 
board of the New Hampshire Veteran Association for the exclu- 
 sive purpose of arranging for its annual reunions; to necessary 
 caretakers of live stock, poultry, fruit and perishable property; 
 to employes on parlor, sleeping, dining and express cars, and to 
 linemen and other employes of telegraph and telephone com- 
 panies; to railway mail service employes, postoffice, customs and 
 immigration inspectors; to policemen and firemen while in dis- 
 charge of their duties; to newsboys and venders on trains, bag- 
 gage agents, witnesses attending any legal investigation in which 
 the carrier is interested, persons injured in wrecks and physicians 
 and nurses attending such persons; provided, that the foregoing 
 provisions shall not be construed to prohibit the issue or giving 
 of passes for the officers and employes of other railroads or com- 
 mon carriers; nor to prohibit any carrier from carrying pas- 
 sengers free with the object of providing relief in cases of general 
 epidemic, pestilence or other calamitous visitation. Laws igog, 
 ch. 126, sec. 2. 
 
 No common carrier shall sell or furnish transportation to 
 any newspaper publisher, his agents or employes at any special 
 or reduced rates for services rendered or to be rendered, and all 
 2158 contracts for advertising between newspaper publishers and com- 
 mon carriers shall be made at regular rates, and all payments 
 under such contracts shall be made in full, and such contracts 
 shall be open to inspection by the attorney general at all times. 
 Same, sec. j. 
 
 No carrier shall directly or indirectly issue or give trans- 
 portation to any person at a special or reduced rate or otherwise 
 1169 with the purpose of evading the provisions of the preceding 
 sections. Same. 
 
 Any carrier or any officer or agent of a carrier violating any 
 of the foregoing provisions shall on conviction be fined not less 
 than $100 nor more than $1,000. Any person other than the per- 
 l 2160 sons excepted from the provisions of the foregoing section, who 
 uses any such ticket, free pass, free, special or reduced fare trans- 
 portation shall upon conviction be fined not less than $100 nor 
 more than $1,000. Same, sec. 6. 
 
 No person shall be excused from testifying in a proceeding 
 instituted against another person or corporation under the fore- 
 going sections for the reason that he may thereby criminate him- 
 \ 2161 self; but no testimony so given by him shall be used directly or 
 indirectly as evidence against him in any prosecution, nor shall 
 he be prosecuted thereafter for any offense so disclosed by him. 
 Same, sec. y. 
 
 I 
 
 539 
 
NEW JERSEY Nothing in this act shall be construed to pre- 
 
 vent the issue by any steam railroad, street railway, traction, 
 canal, express, telephone or telegraph companies or other com- 
 mon carriers of free passes or franks to their employes, officers, 
 
 ai6i agents, surgeons, physicians, attorneys at law and their families, 
 and the interchange between said public utilities and common 
 carriers of passes or franks for their employes, officers, agents, 
 surgeons, physicians, attorneys at law and their families. Laws 
 igii, ch. ipj, sec. 41. 
 
 NEW MEXICO See par. 1927. 
 
 NEW YORK No common carrier shall directly or indirectly 
 
 issue or give any free ticket, free pass or free transportation for 
 passengers or property between points within this state except 
 to its officers, employes, agents, pensioners, surgeons, physicians, 
 attorneys at law and their families ; to ministers of religion, officers 
 and employes of railroad Young Men's Christian Associations, 
 inmates of hospitals, charitable and eleemosynary institutions 
 and persons exclusively engaged in charitable and eleemosynary 
 work; and to indigent, destitute and homeless persons and to 
 such persons when transported by charitable societies or hos- 
 pitals and the necessary agents employed in such transportation; 
 
 2168 to inmates of the national homes or state homes for disabled vol- 
 unteer soldiers, and of soldiers' and sailors' homes, including those 
 about to enter and those returning home after discharge, and to 
 boards of managers of such homes; to necessary caretakers of 
 property in transit; to employes of sleeping car companies, ex- 
 press companies, telegraph and telephone companies doing busi- 
 ness along the line of the issuing carrier; to railway mail service 
 employes, postoffice, customs and immigration inspectors; to 
 newsboys on trains, baggage agents, witnesses attending any legal 
 investigation or proceeding in which the common carrier is inter- 
 ested; persons injured in accidents or wrecks and physicians and 
 nurses attending such persons; to the carriage free or at reduced 
 rates of persons or property for the United States, state or munici- 
 pal government, or of property to or from fairs and expositions 
 for exhibit thereat. Laws igiOy ch. 480, sec. 33(2). 
 
 Nothing in this chapter shall be construed to prohibit the 
 interchange of free or reduced transportation between common 
 carriers of or for their officers, agents, employes, attorneys and 
 surgeons, and their families, nor to prohibit any common carrier 
 from carrying passengers or property free, with the object of pro- 
 viding relief in cases of epidemic, general pestilence or other ca- 
 
 540 
 
lamitous visitation; nor to prohibit any common carrier from 
 transporting persons or property as incident to or connected with 
 contracts for construction, operation or maintenance, and to the 
 
 SIM extent only that such free transportation is provided for in the 
 contract for such work; nor to prevent any common carrier from 
 transporting children under five years of age free. Provided, 
 further, that nothing in this chapter shall prevent the issuance of 
 mileage, excursion, school or family commutation, commutation 
 passenger tickets, half-fare tickets for the transportation of chil- 
 dren under 1 2 years of age, or any other form of reduced passenger 
 tickets, or joint interchangeable mileage tickets, with special 
 privileges as to the amount of free baggage that may be carried 
 under mileage tickets of j,ooo miles or more. Nor shall anything 
 in this chapter prevent the issuance of passenger transportation 
 in exchange for advertising space in newspapers at fvill rates. 
 Same, sec. 33(3), as amended by Laws iqji, ch. 540. 
 
 Nothing in this section or any other provision of law shall be 
 deemed to limit the power of commission to require the sale of, 
 and upon investigation prescribe reasonable and jiist fares as the 
 maximum to be charged for, commutation, school or family com- 
 mutation, mileage tickets over railroads or street railroads, joint 
 
 2169 interchangeable mileage tickets, round trip excursion tickets, or 
 any other form of reduced rate passenger tickets over such rail- 
 roads or street railroads; provided, that all special round trip 
 excursion tickets, the sale of which is limited to less than 30 days, 
 except round trip excursion tickets to the state fair and return 
 during the holding thereof, shall be deemed exempt from such reg- 
 ulation by commission. Same, sec. 33(4), as amended by Laws 
 igii, ch. $40. 
 
 No telegraph or telephone corporation shall directly or in- 
 directly give any free or reduced service or any free pass or frank 
 for the transmission of messages by either telephone or telegraph 
 between points within the state except to its officers, employes, 
 agents, pensioners, surgeons, physicians, attorneys at law and 
 
 2166 their families; to persons or corporations exclusively engaged in 
 charitable and eleemosynary work and ministers of religions; to 
 officers and employes of other telegraph, telephone, railroad and 
 street railroad corporations. But this subdivision shall not apply 
 to state, municipal or federal contracts. Same, sec. 92(3), as 
 amended by Laws igii, ch. 124. 
 
 NORTH CAROLINA Nothing in this chapter shall prevent the car- 
 riage, storage or handling of property free or at reduced rates 
 
 541 
 
for the United States, state or municipal governments or for 
 charitable or educatioi;ial purposes; or for any corporation or 
 association incorporated for the preservation and adornment of 
 any historic spot, or to the employes or officers of such company 
 or association while traveling in the performance of their duties, 
 provided, they shall not travel further than ten miles one way on 
 any one trip free of charge, or to or from fairs or exhibitions for 
 exhibition thereat ; or the free carriage of destitute and homeless 
 persons transported by charitable societies, and the necessary 
 agents employed in such transportation, or the free transporta- 
 tion of persons traveling in the interest of orphan asylums or 
 homes for the aged and infirm, or any department thereof, or ex- 
 confederate soldiers attending annual reunions, or the issuance of 
 mileage excursion or commutation passenger tickets; or to pro- 
 hibit any common carrier from giving reduced rates to ministers 
 of religion, or to mimicipal governments for the transportation 
 of indigent persons, or to inmates of national homes or state 
 homes for disabled volimteer soldiers, or of soldiers' and sailors' 
 orphan homes, including those about to enter and those retiiming 
 2167 home after discharge tmder arrangements with the board of man- 
 agers of said homes; or furloughed, pensioned and superannuated 
 employes, persons who have become disabled or infirm in the serv- 
 ice of any such common carrier, and the remains of a person 
 killed in the employment of a common carrier, and ex-employes 
 traveling for the purpose of entering the service of any such com- 
 mon carrier, and the families of those persons named; also the 
 families of persons killed and the widows during widowhood and 
 minor children during minority of persons who died while in the 
 service of any such common carrier; or to prevent common car- 
 riers from giving free carriage to their own officers and employes 
 and members of their families, or to prevent the principal officers 
 of any common carrier from exchanging passes, franks or tickets 
 with other common carriers for their officers or employes and 
 members of their families. Nothing in this section shall be con- 
 strued to prevent or restrict transportation companies from con- 
 tracting with newspapers for advertising space in exchange for 
 transportation over their lines to such an extent as may be agreed 
 upon between the two parties for said consideration. The com- 
 missioners and their clerks shall be transported free of charge 
 over the railroads and over transportation lines which are under 
 the supervision of commission ; and when traveling on official bus- 
 iness they may take with them experts or other agents whose 
 
 542 
 
service they may deem temporarily of public importance. PeWs 
 Revisal iqo8, sec. 1105. 
 
 Any person or persons except those permitted by law who 
 accept free transportation shall be guilty of a misdemeanor and 
 on conviction shall be fined or imprisoned or both in the discre- 
 tion of the court; and any railroad or its employes or agents 
 2168 giving free transportation of any kind whatsoever except that 
 peimitted by law, shall be guilty of a misdemeanor and on con- 
 viction shall be fined not less than $500 or more than $2,000 for 
 each offense. Acts igo8, ch. 144, sec. 4. 
 See also par. 8jy. 
 
 NORTH DAKOTA Nothing herein contained shall be so con- 
 strued as to prevent railroad corporations from issuing commuta- 
 
 S169 tion, exciu*sion or 1,000 mile tickets provided the same are 
 issued alike to all applying therefor. Rev. Codes igo^, sec. 4369. 
 Nothing in this article shall apply to the carriage, storage or 
 handling of property free or at reduced rates for the United States 
 or this state, or mimicipal governments or for charitable purposes 
 or to and from fairs and expositions for exhibition thereat, or 
 for the employes of such common carriers or their families, or 
 private property or goods for the family use of employes of such 
 common carriers, or the issuance of mileage, excursion or com- 
 mutation passenger tickets. Nothing in this article shall be 
 
 2170 construed to prohibit any railroad, railroad corporation or com- 
 mon carrier from giving reduced passenger rates to ministers of re- 
 ligion, or-to prevent railroads from giving free carriage to their own 
 officers and employes and their families or others and to persons 
 in charge of live stock being shipped from the point of shipment 
 to destination and retiim; and nothing in this article contained 
 shall in any way abridge or alter the remedies now existing at 
 common law, or by statute, but the provisions of this article are 
 in addition to such remedies; provided that no pending litigation 
 shall in any way be affected by this article. Same, sec. 4374. 
 
 No common carrier shall directly or indirectly issue or give 
 any free ticket, free pass or free transportation for passengers 
 except to its employes and their families,^ its officers, bona fide 
 agents, surgeons, physicians and attorneys at law on the pay 
 roll of the common carrier; to ministers of religion, traveling secre- 
 taries of railroad Young Men's Christian Associations, inmates 
 of hospitals and charitable and eleemosynary institutions, and 
 
 1 The definitions of the 'terms " employes " and •' families " are identical with the defi- 
 nitions in United States provisions. See footnote, p. 84. Laws 191 1* ch. 138, sec. i. 
 
 543 
 
perscms exclusively engaged in charitable and eleemosynary work ; 
 to indigent, destitute and homeless persons, and to such persons 
 when transported by charitable societies or hospitals and the 
 necessary agents employed in such transportation; to inmates of 
 national homes or state homes for disabled volunteer soldiers, 
 and of soldiers' and sailors' homes including those about to enter 
 and those returning home after discharge, to necessary caretakers 
 of liye stock, poultry, milk, fruit and vegetables; to employes 
 on sleeping cars, express cars and to linemen of telegraph and 
 telephone companies if operated in connection with said common 
 carriers; to railway mail service employes, postoffice, customs 
 and immigration inspectors; to newsboys on trains, baggage 
 agents, witnesses attending any legal investigation in which the 
 common carrier is interested; to persons injured in wrecks and 
 1171 physicians and nurses attending such persons. Provided, further, 
 that the provisions of this act shall not be construed to prohibit or 
 make unlawful the transportation of city policemen, firemen, 
 mail carriers and postmen on the street railways in the cities of 
 this state. Provided, further, that the provisions of this act shall 
 not be construed to make imlawful the granting of reduced home 
 seekers' rates or the granting of round trip excursion rates to any 
 class of persons, provided, that all persons of that class shall be 
 allowed equal privileges in respect to such home seekers' or ex- 
 cursion rates, but exctirsion rates shall not be allowed any per- 
 sons or representatives of any political party to enable them to 
 attend any political meeting either as delegates or otherwise. 
 Provided, further, that the provisions of this act shall not be 
 construed to make imlawful the granting of free transportation 
 to persons engaged in the state geological survey, farmers' in- 
 stitute lecturers, and persons rendering service on ''good farming 
 special trains. " Provided, further, that this provision shall not 
 be construed to prohibit the interchange of passes for officers, 
 s^gents and employes of common carriers and their families; nor 
 to prohibit any common carrier from carrying passengers free 
 with the object of providing relief in cases of general epidemic, 
 pestilence or other calamitous visitation; and provided, further, 
 that this provision shall not be construed to prohibit the privi- 
 lege of passes or franks or the exchange thereof with each other 
 for the officers, agents, employes and their families of express 
 companies and their officers, agents, employes and their families 
 of other common carriers subject to the provision of this act. 
 Laws jQii, ch. ij8, sec. i. 
 
 544 
 
Any common carrier violating any of the provisions of this 
 act shall be deemed guilty of a misdemeanor, and shall upon con- 
 viction thereof in any district court of this state of competent 
 f 1172 jurisdiction, be subject to a fine of not more than $500 for each 
 offense; and any person other than the persons excepted in this 
 act who uses any such free ticket, free pass or free transporta- 
 tion shall be subject to a like penalty. Same, sec. 2. 
 
 OHIO Nothing in this chapter shall prevent concen- 
 
 tration, commodity, transit or other special contract rates, but 
 all such rates shall be subject to the provisions of this chapter as 
 
 ai73 to their printing and filing, shall be open to all shippers for a like 
 kind of traffic under similar circumstances and conditions, and 
 shall be tinder the supervision and regulation of commission. 
 Code 1910, sec. jij. 
 
 Nothing in this chapter shall prevent the carriage, storage 
 or handling of freight free or at reduced rates for the United 
 States, the states, any political subdivision or municipality 
 thereof, for charitable purposes, to and from fairs and expositions 
 
 2174 for exhibition thereat, or household goods the property of rail- 
 way employes; or the issuance of mileage, commutation or ex- 
 cursion passenger tickets, if obtainable by any person applying 
 therefor without discrimination, or of party tickets, if obtain- 
 able by all persons applying therefor imder like circumstances and 
 conditions. Same, sec. 515. 
 
 No railroad company owning or operating a railroad wholly 
 or in part within this state shall directly or indirectly issue or 
 give a free ticket, free pass or free transportation for passengers 
 except to its employes and their families, its officers, agents, 
 surgeons, physicians and attorneys at law; to ministers of re- 
 ligion, traveling secretaries of railroad Young Men's Christian 
 Associations, inmates of hospitals and charitable and eleemosy- 
 nary institutions, and persons exclusively engaged in charitable 
 and eleemosynary work; to indigent, destitute and homeless 
 persons, and to such persons when transported by charitable so- 
 ws cieties or hospitals, and the necessary agents employed in such 
 transportation; to inmates of the national homes or state homes 
 for disabled volunteer soldiers, and soldiers' and sailors' homes, 
 including those about to enter and those returning home after 
 discharge, and boards of managers of such homes; to necessary 
 caretakers of live stock, poultry and fruit ; to employes on sleep- 
 ing cars, express cars, and to linemen of telegraph and telephone 
 companies; to railway mail service employes, postoffice, custora 
 
 545 
 
and immigration inspectors; to newsboys on trains, baggage 
 agents, witnesses attending any legal investigation in which the 
 railroad is interested, persons injured in wrecks and physicians 
 and nurses attending such persons. Same, sec. 516. 
 
 The next preceding section shall not be construed to pro- 
 hibit the interchange of passes for officers, agents and employes 
 and their families, nor to prohibit any railroad company from 
 
 2176 carrying passengers free in order to provide relief in cases of 
 general epidemics, pestilence or other calamitous visitation. Same, 
 sec. 517. 
 
 Any railroad company violating the provision of the pre- 
 ceding three sections, for each offense shall be fined not less than 
 $50 nor more than $500, and any person other than the persons 
 
 tin excepted in such sections who uses such free ticket, free pass or 
 free transportation shall be subject to a like penalty. Same, 
 sec. 518. 
 
 Free service or service for less than cost shall not be fur- 
 nished for the purpose of destroying competition, and such free 
 
 51178 service and every such charge is prohibited and declared unlaw- 
 ful. Laws igii, no. 325, sec. 16. 
 
 Nothing in this act contained shall prevent any public 
 utility or railroad from granting the whole or any part of its 
 property for any public purpose, or granting reduced rate or free 
 
 1179 service of any kind to the United States government, the state 
 government or any political division or subdivision thereof, or 
 for charitable purposes or for fairs or expositions or to any officer 
 or employe of such public utility or railroad or his family, and 
 all contracts and agreements made or entered into by such public 
 utility or railroad for such use, reduced rates or free service shall 
 be valid and enforceable at law. Same, sec. 75. 
 
 OKLAHOMA No railroad corporation or transportation or 
 
 transmission company shall directly or indirectly issue or give 
 any free frank or free ticket, free pass or other free transporta- 
 tion for any use within the state except to its officers, agents, 
 surgeons, physicians and attorneys at law; to ministers of religion, 
 traveling secretaries for railroad Young Men's Christian Asso- 
 ciations, inmates of hospitals ar^d charitable and eleemosynary 
 institutions and persons exclusively engaged in charitable and 
 eleemosynary work, to indigent, destitute and homeless persons, 
 and to such persons when transported by charitable societies or 
 hospitals, and the necessary agents employed in such transporta- 
 tion; to inmates of national homes or state homes for disabled 
 
 546 
 
i 
 
 volunteer soldiers, and of soldiers' and sailors' homes including, 
 those about to enter and those returning home after discharge, 
 and boards of managers of such homes; to members of volunteer 
 fire departments and their equipage while traveling as such; to 
 necessary caretakers of live stock, poultry and fruit ; to employes 
 of sleeping cars, of express cars and to linemen of telegraph and 
 telephone companies; to railway mail service employes, post- 
 office, custom^ and immigration inspectors; to newsboys on 
 ai80 trains, baggage agents, witnesses attending any legal investiga- 
 tion in which the railroad company or transportation company is 
 interested, persons injured in wrecks and physicians and nurses 
 attending such persons; provided, that this provision shall not 
 be construed to prohibit the interchange of passes for the officers, 
 agents and employes of common carriers and their families; nor 
 to prohibit any common carriers from carrying passengers free 
 with the object of providing relief in cases of general epidemic, 
 pestilence or other calamitous visitation; nor to prevent them 
 from transporting free of charge to their places of employment 
 persons entering their service, and the interchange of passes to 
 that end, and any railroad, transportation, or transmission com- 
 pany or any person other than the persons excepted in this pro- 
 vision who grants or uses any such free frank, free ticket, free 
 pass or free transportation within this state shall be deemed 
 guilty of a crime, and the legislature shall provide proper penal- 
 ties for the violation of any provisions of this section by the 
 railroad or transportation or transmission company or by any 
 individual; provided that nothing herein shall prevent the legis- 
 lature from extending these provisions so as to exclude such 
 free transportation or franks from other persons. Const., art. 
 ix, sec, jj. 
 
 See also par. 1934. 
 
 OREGON Nothing in this act shall be construed to pre- 
 
 vent concentration, commodity, transit and other special con- 
 tract rates, but all such rates shall be open to all shippers for a 
 like kind of traffic tinder similar circumstances and conditions, 
 
 1181 and shall be subject to the provisions of this act as to the print- 
 ing and filing of the same; provided, all such rates shall be under 
 the supervision and regulation of commission. Gen. Laws igoy, 
 ch. 53, sec. ig. 
 
 Nothing herein shall prevent the carriage, storage or hand- 
 ling of freight free or at reduced rates for the United States, the 
 state, or any municipality thereof, or for charitable purposes, or 
 
 547 
 
to and from fairs and expositions for exhibition thereat, or house- 
 hold goods the property of railway employes, or commodities 
 shipped by employes for their own exclusive use or consumption; 
 or the issuance of mileage, commutation, party or excursion 
 passengers' tickets provided the same shall be obtainable by all 
 persons applying therefor imder Hke circumstances and con- 
 ditions, or the sale of such tickets as were usually and customarily 
 sold at reduced rates prior to January i, 1907, provided, the 
 same are sold without discrimination to all persons applying there- 
 for imder like circimistances and conditions. This act shall not 
 be construed as preventing railroads from giving free trans- 
 portation or reduced rates therefor to its officers, agents, sur- 
 geons, physicians, employes and attorneys at law, or members of 
 their families, or to former railroad employes or members of 
 their families where such employes have become disabled in the 
 railway service, or are unable from physical disqualification to 
 continue in the service, or to members of the families of deceased 
 railroad employes; or state and district officers of the state and 
 coimty judges and sheriffs of the various coimties of the state in 
 cases where the same is now or may hereafter be required by 
 law; to ministers of religion, traveling secretaries of railroad 
 Yoimg Men's Christian Associations, inmates of hospitals and 
 2182 charitable and eleemosynary institutions and persons exclusively 
 engaged in charitable and eleemosynary work, to officers or agents 
 of incorporated colleges, to indigent, destitute and homeless 
 persons, and to such persons when transported by charitable 
 societies or hospitals, and the necessary agents employed in such 
 transportation; to inmates of the national homes or state homes 
 for disabled volunteer soldiers, and of soldiers' and sailors' homes, 
 including those about to enter and those returning home after 
 discharge, and boards of managers of such homes; to employes on 
 sleeping cars, express cars and to linemen of telegraph and tele- 
 phone companies; to officers of the United States reclamation 
 service; to United States live stock inspectors; to railroad mail 
 service employes, postoffice, customs and immigration inspec- 
 tors; to newsboys on trains, baggage agents, witnesses attending 
 any legal investigation in which the railroad is interested, persons 
 injured in wrecks and physicians and nurses attending such per- 
 sons; nor shall this act be construed to prevent the interchange 
 of passes for the officers, agents or employes of common carriers 
 and their families, nor to prevent any railroad from carrying pas- 
 sengers free with the object of providing relief in cases of general 
 
 548 
 
epidemic, pestilence or other calamitous visitation. Upon any 
 shipment of live stock, poultry, fruit or other property of such 
 nature as to require the care of an attendant, the railroad may 
 furnish to the shipper or some person or persons designated by 
 him, free transportation for such piupose, including return passes 
 to the point at which the shipment originated; provided, there 
 shall be no discrimination in reference thereto between such ship- 
 pers, and commission shall have power to prescribe regulations 
 in relation thereto. Same, sec. 21. 
 
 It shall be lawful for any railroad within the state to trans- 
 port free or at reduced rates the national guard of the state or of 
 other states, or volimteer or regular army of the United States, 
 
 2183 or military stores, property or equipments when such transporta- 
 tion is necessary for military purposes, and such railroad shall 
 not thereby be deemed guilty of an tmjust discrimination or an 
 undue preference. Gen. Laws igii, ch. j6, sec. i. 
 
 This section shall not be construed to prohibit the privilege 
 of passes or franks or the exchange thereof with each other for 
 the officers, agents, employes and their families of street railroads, 
 telegraph, telephone and cable lines and the officers, agents and 
 employes and their families of other street railroads, telegraph, 
 telephone and cable lines and with the officers, employes and 
 their families of railroad, express and sleeping car lines, tmion 
 depots and other common carriers; provided, however, that 
 nothing in this act shall be construed to prevent telephone, 
 telegraph and cable companies from entering into contracts with 
 common carriers for the exchange of services. Nothing herein 
 shall prevent the transportation of persons or property or the 
 
 2184 production, transmission, delivery or furnishing of heat, light, 
 water or power, or the conveying of telegraph or telephone mes- 
 sages within this state free or at reduced rates for the United 
 States, the state, or any municipality thereof, or for charitable 
 purposes, or to employes of any such public utility for their own 
 exclusive use and benefit, nor prevent any such pubHc utility 
 from giving free transportation or service or reduced rates there- 
 for, to its officers, agents, surgeons, physicians, employes and 
 attorneys at law, or members of their families, or to former em- 
 ployes of such public utilities or members of their families where 
 such former employes have become disabled in the service of such 
 public utility or are unable from physical disqualification to 
 continue in the service, or to members of families of deceased 
 employes of such public utility; to ministers of religion, inmates 
 
 549 
 
of hospitals and charitable and eleemosynary institutions and per- 
 sons exclusively engaged in charitable and eleemosynary work. 
 Gen. Laws igii, ch. zyg, sec. 63. 
 See also par. 1935. 
 
 PENNSYLVANIA No railroad, railway or other transportation 
 company shall grant free passes or passes at a discoimt to any 
 
 2185 person except officers or employes of the company. Const., art. 
 xvii, sec. 8. 
 
 RHODE ISLAND A public utility may issue or give free trans- 
 portation or service to its employes and their families, its officers, 
 
 ai86 agents, surgeons, physicians and attorneys at law and to the 
 officers, agents and employes and their families of any other 
 public utility. Acts igi2, ch. 795, sec. 42(a). 
 
 With the approval of commission, any public utiHty may 
 give free transportation or service upon such conditions as such 
 public UtiHty may impose, or grant special rates therefor to the 
 state, to any town or city or to any water or fire district and to 
 
 2187 the officers thereof, for public purposes, and also to any special 
 class or classes of persons not otherwise referred to in this section, 
 in cases where the same shall seem to commission just and reason- 
 able or required in the interests of the public, and not unjustly 
 discriminatory. Same, sec. 42(b). 
 
 With the approval of commission, any public utility opera- 
 ting a railroad or street railroad may furnish to the publishers of 
 
 2188 newspapers and magazines and to their employes, passenger 
 transportation in return foi advertising in such newspapers or 
 magazines at full rates. Same, sec. 42(c). 
 
 With the approval of commission, any public utility may 
 
 2189 exchange its service for the service of any other public utility 
 furnishing a different class of service. Same, sec. 42(d). 
 
 Any free frank, pass, transportation or service heretofore 
 issued, given or authorized for use or enjoyment during the year 
 191 2 or any portion thereof shall remain lawful and of full ef- 
 
 2190 feet under the condition and during the period for which it was 
 issued, given or authorized during the year 191 2. Same, sec. 
 42(e). 
 
 SOUTH CAROLINA Nothing in this chapter shall apply to the car- 
 riage, receiving, storing, handling or forwarding of property car- 
 ried for the United States, or any state thereof at lower rates of 
 
 2|9i freight and charges than for the general public, or to the trans- 
 portation of articles free or at reduced rates of freight for chari- 
 
 SSo 
 
table purposes or to or from public fairs and expositions for ex- 
 hibition. Gen. Stats. IQ02, sec. 2087. 
 
 SOUTH DAKOTA No person, association, copartnership, railroad 
 company, common carrier or corporation shall issue or give or 
 offer to give to any person any free ticket, pass, frank or privi- 
 lege of any kind which is withheld from any person for the travel- 
 ing accommodation or transportation of persons or property, or 
 
 2192 the transmission or communication of any message or informa- 
 tion for use within this state, nor give, issue or sell any such 
 ticket, pass, frank or privilege to any person for a less or dif- 
 ferent sum or consideration than is charged to any other person 
 for a like or similar ticket, pass, frank, privilege or service. 
 Sess. Laws iQoy, ch. 221, sec. i. 
 
 Nothing in this act shall be construed to prohibit common 
 carriers from issuing and giving free personal transportation to 
 their officers and employes and their families or to any officer or 
 employe of any other railroad company and his family when such 
 officer or employe is in good faith upon the regular pay roll of 
 such company; their regularly employed and acting physicians; 
 and attorneys at law in good faith upon their regular pay roll at 
 a salary of not less than $500 per year; to ministers of religion and 
 others engaged exclusively in charitable work; to inmates of 
 national homes or state homes for disabled volimteer soldiers and 
 sailors, including those about to enter and those returning home 
 
 2193 after discharge; to necessary caretakers of live stock in course of 
 shipment and return; to employes on sleeping cars and express 
 cars; linemen of telegraph and telephone companies and news- 
 boys on trains; persons injured in wrecks and physicians and per- 
 sons caring for or attending such persons; nor to prohibit the 
 officer or employe of any telephone or telegraph company from 
 communicating free of charge over the lines of his company, with 
 any member of his immediate farrdly. But no such free trans- 
 portation shall be issued or given to any person when such per- 
 son is a member of, employed by, or in any way connected with 
 any political committee or a candidate for or an incimibent of 
 any office or position imder the constitution or laws or any 
 ordinance of any municipality of this state. Provided, that 
 common carriers shall not be prohibited from carrying persons 
 free to provide relief from storm, flood, epidemic or other ca- 
 lamity. Same, sec. 2. 
 
 Nothing in this act shall be construed to prohibit railroad 
 
 2194 companies from issuing excursion, commutation or long distance 
 
 551 
 
tickets for transportation of persons at special rates, but any suck 
 tickets shall be offered and sold at a uniform price, to all persons 
 alike, without discrimination. Same, sec. j. 
 
 No person other than those excepted in this act shall solicit* 
 accept or use any free ticket, pass, frank or privilege as defined 
 herein whether the same shall have been issued before or after 
 the passage and approval of this act; 'and no person, association 
 2196 or corporation or representative or agent thereof shall accept for 
 the transportation of persons or property, or the transmission or 
 communication of any message or information, nor recognize as 
 valid, nor honor in any manner any such free ticket, pass, frank 
 or privilege. Same, sec. 4. 
 
 Any violation of any of the above provisions shall be pun- 
 ished by a fine of not more than $1,000 nor less than $200, or by 
 
 2196 imprisonment in the penitentiary not more than five years nor 
 less than one year, or by both such fine and imprisonment. 
 Same, sec. 6. 
 
 No person shall be privileged from testifying in relation to 
 anything herein contained, but no such person shall thereafter 
 be prosecuted for any offense concerning which he may have 
 
 2197 been required to testify, and the testimony so given shall not be 
 used in the prosecution of any such person in any criminal action 
 whatever, except in actions for perjury in giving such testimony. 
 Same, sec. 7. 
 
 Nothing herein contained shall be so construed as to pre- 
 
 2198 vent common carriers from issuing commutation, excursion or 
 1,000 mile tickets; provided, the same are issued alike to all ap- 
 plying therefor. Session Laws igii, ch. 207, sec. 27. 
 
 Nothing in this article shall apply to the carriage, storage 
 or handling of property free or at reduced rates for the United 
 States, or this state, or mimicipal governments, for charitable 
 purposes or to and from fairs and expositions for exhibit thereat, 
 or for the employes of such common carriers or their families, or 
 private property or goods for the family use of the employes of 
 such common carriers, or the issuance of mileage, exoirsion or 
 commutation passenger and telephone tickets. Nothing in this 
 article shall be construed to prohibit any common carrier from 
 
 2199 giving reduced rates to ministers of religion, or to prevent com- 
 mon carriers from giving free carriage to their own officers and 
 employes and their families dependent on such officer or employe 
 for support, and to persons in charge of live stock being shipped 
 from the point of shipment to destination and return, or to pre- 
 
 552 
 
» 
 
 vent the principal officers of any common carriers or companies 
 from exchanging passes or tickets with other common carriers 
 for their officers and employes; and nothing in this article shall 
 in any way abridge or alter the remedies now existing at com- 
 mon law or by statute, but the provisions of this article are in 
 addition to such remedies. Same, sec. 32. 
 
 TENNESSEE This act shall not prevent any railroad com- 
 
 pany from transporting freight free or at reduced rates for any 
 religious, charitable or benevolent purpose or for any industrial 
 exposition, fair or association of a public nature, or for trans- 
 porting immigrants into this state, or persons prospecting with a, 
 view of locating or bringing immigrants into this state, or for 
 
 J200 pleasure excursions. However, nothing in this act shall be con- 
 strued so as to prevent the railroads of this state from giving 
 special rates to encourage infant manufacturing industries and 
 for the encouragement of any other new business or industry, or 
 for the transportation of any perishable goods; provided, that 
 such transportation shall be furnished without discrimination 
 and imder such rules and regulations as commission may prescribe - 
 Acts iSgy, ch. 10, sec. 24. 
 
 TEXAS Nothing herein shall prevent the carriage, stor- 
 
 age or handling by railroad companies in this state, or by their 
 agents, officers, clerks, servants and employes, of freight free, or 
 at reduced rates, for the state, or for any city or county or town 
 government, or for charitable purposes, or to and from fairs 
 and expositions for exhibition thereof, or the free carriage of 
 destitute and indigent persons, or the issuance of mileage or 
 excursion passenger tickets; nor to prevent railroads from giv- 
 ing free transportation to ministers of religion or free transpor- 
 
 aaoi tation to the inmates of hospitals, eleemosynary and charitable 
 institutions, and to the employes of the agricultural and geo- 
 logical departments of the state, or to the peace officers of this 
 state; and nothing herein shall be construed to prevent rail- 
 roads, their agents and employes and officers, from giving free 
 transportation to any railroad officers, agents, employes, attor- 
 neys, stockholders or directors, or to the commissioners, their 
 secretaries, clerks and employes, or to any other officer or per- 
 son not prohibited by law. Laws i8qq, ch. 118, sec. 2. 
 
 Any court, officer or tribunal having jurisdiction of the 
 offense mentioned in this act, or any district or county attorney, 
 may subpoena persons and compel their attendance as witnesses 
 
 553 
 
to testify as to the. violations of this act; and any person so sum- 
 2S02 moned and examined shall not be liable to prosecution for any 
 violation of this act about which he may testify, and for any 
 offense by reason of violations of this act; a conviction may be 
 had upon the unsupported evidence of an accomplice or par- 
 ticipant. Same, sec. j. 
 
 It shall be the duty of every district judge in this state in 
 whose court a grand jury shall be empaneled to charge said 
 
 2203 grand jury, whenever organized, to thoroughly investigate with 
 reference to violations of this act. Same, sec. 4. 
 
 If any steam or electric railway company, interurban 
 railway company, or other chartered transportation company, 
 express company, sleeping car company, telegraph or telephone 
 company, or person or association of persons operating the 
 same, or the receivers or lessees thereof, or any officer, agent 
 or employe of any such company in this state, shall knowingly 
 haul or carry any person or property free of charge or give or 
 grant to any person, firm, association of persons or corporation, 
 a free pass, frank and privilege or a substitute for pay or a sub- 
 terfuge which is used or which is given to be used instead of the 
 regular fare or rate for transportation, or any authority to per- 
 mit whatsoever to travel or to pass or convey or transport any 
 person or property free, or sell any transportation for an5rthing 
 except money or for any greater or less rate than is charged to all 
 persons under the same condition, over any railway or other 
 transportation line or part of line in this state; or shall knowingly 
 permit any person to transmit any message free in this state, or 
 shall give any frank or right or privilege to transmit messages 
 
 2204 free in this state or property free of charge or for greater or less 
 fare or rate than is charged other persons in this state for similar 
 service; except such persons as are hereinafter exempted under 
 the provisions of this act shall be guilty of a misdemeanor, and 
 upon conviction in any action brought on this accoimt, and for 
 that purpose, shall pay to the state the sirni of $5,000 for each and 
 every act which violates the provisions of this section; and any 
 person, president, director, officer, employe or agent of any such 
 corporation or association of persons who shall sell any trans- 
 portation for an5rthing except money, or knowingly give, grant, 
 issue or cause to be issued a free pass, frank and privilege or any 
 substitute for or in lieu thereof for the transportation of any per- 
 son, article or thing or the sending or transmitting of any mes- 
 sages over wire or other means of transmitting messages in this 
 
 554 
 
state except to such persons as are hereinafter exempted from 
 the provisions of this act, shall be deemed guilty of a felony under 
 the laws of this state, and upon conviction for such act shall be 
 punished by a fine of not less than $500 nor more than $2,000, and 
 may in addition thereto in the discretion of the jury be imprisoned 
 in the penitentiary for a term of not less than six months nor 
 more than two years. Laws igoj, ch. 42, sec. i. 
 
 The provisions of section one of this act shall not be held to 
 prohibit any steam or electric or interurban railway company or 
 chartered transportation company, or sleeping car company, or the 
 receivers or lessees thereof, or persons operating the same, or the 
 officers, agents or employes thereof from granting free or ex- 
 changing free passes, franks, privileges, substitute or pay or other 
 thing herein prohibited, to the following persons: The actual 
 bona fide employes of any such coftipanies and the dependent 
 members of their immediate families. The term employes shall 
 be construed to embrace the following persons only: All persons 
 actually employed and engaged in the service of any of such com- 
 panies, including its officers, bona fide ticket, passenger and 
 freight agents, physicians, surgeons and general attorneys who 
 appear in courts of record to try cases and who receive a reasona- 
 ble annual salary, and also ex-employes within foiu* months after 
 leaving the service of any of such companies and while seeking 
 emplo5nTient. Also persons actually employed on sleeping cars, 
 express cars, linemen of telegraph and telephone companies, 
 newsboys employed on trains; railway mail service employes, 
 postc^ce inspectors, chairman and bona fide members of griev- 
 ance committee of employes, bona fide custom and immigration 
 inspectors employed by the government, the state health officer 
 and one assistant, and federal health officers, also when live stock, 
 poultry, fruit, melons or other perishable produce is shipped, the 
 necessary caretakers while en route and return, also trip passes to 
 the indigent poor when application therefor is made by any re- 
 ligious or charitable organization, societies of charity, also persons 
 injured in wrecks upon the road of any such company imme- 
 diately after such injury and the physicians and nurses attend- 
 ing such persons at the time thereof, also persons and property 
 carried in cases of general epidemic, pestilence or other calamitous 
 visitations at the time thereof, or immediately thereafter. Also 
 the state rangers, sheriffs or other bona fide elective peace officers 
 whose duties are to include criminal processes, provided, that if 
 any such railroad or transportation company shall grant to any 
 
 555 
 
sheriff a free pass over its lines of railroad then it shall issue like 
 free transportation to each and every sheriff in this state who may 
 make to it written application therefor, and provided, further, 
 that said sheriffs and other peace officers above mentioned using 
 such free p^ses or transportation shall deduct the money value 
 of the same at the legal rate per mile from any mileage accounts 
 against the state and litigants earned by them in executing proc- 
 esses when such pass was used or could have been used; also 
 members of the live stock sanitary commission of Texas, not 
 exceeding 12 in nimiber for any one year; provided, that nothing 
 in this act shall prevent any such companies, receivers or lessees 
 thereof, or the officers, agents or employes from granting to min- 
 isters of religion reduced rates of half the regular fare, nor shall 
 anything in this act prevent any such companies, their receivers 
 or lessees from transporting free of charge any article being sent 
 to any orphan home or other charitable institution; provided, 
 further, that nothing in this act shall be construed to prohibit any 
 such companies, their receivers or lessees or officers, agents or 
 servants from making special rates for special occasions or imder 
 special conditions, but no such rate shall even (ever) be made 
 without first obtaining authority from commission ; and provided, 
 further, that no persons who hold any public office in this state 
 shall at any time during their term of office be entitled to any such 
 free pass or transportation, privilege or franks or substitute for 
 fare or charges over any railway or other company mentioned 
 in section one of this act, except employes operating trains when 
 in the actual discharge of their duties as such and the officers here- 
 inbefore exempted; provided, further, that nothing in this act 
 shall prohibit any street railway company from transporting free 
 of charge police officers and firemen in any city where said com- 
 pany is authorized so to do by any ordinance or authority from 
 the city coimcil from any such city; provided, however, that no 
 person or persons beneficiaries of free transportation herein per- 
 mitted shall ride on a free pass or enjoy free transportation to or 
 from any political convention or on any political errand. That 
 nothing in this act shall prohibit any express company from haul- 
 ing or carrying free of charge the packages and property of its 
 actual and bona fide officers, attorneys, agents and employes who 
 are actually in the employment of any such company, its re- 
 ceivers and lessees at the time when such free transportation or 
 right thereto is given; and provided, further, that nothing in this 
 act shall be construed to prohibit any telegraph or telephone com- 
 
 $$6 
 
pariy from carrying and transmitting free of charge niessages of 
 its bona fide officers, attorneys, agents and employes who are 
 actually in the emplo3rment of such company, its receivers or 
 lessees at the time when such free transportation or right thereto 
 was given. Same, sec. 2. 
 
 If any person shall present or offer to use in his own behalf 
 any permit or frank whatsoever to travel, pass or to convey any 
 person or property or message which has been issued to any other 
 person or shall, knowing that he is not entitled under the. pro- 
 visions of this act, apply to any railway, express, telegraph or 
 2206 telephone company, officer, agent, lessee or receiver thereof for 
 any free pass, frank, privilege or a substitute for pay given or to 
 be used instead of the regular fare or rate for transportation or 
 for any other consideration except money, he shall be deemed 
 guilty of a misdemeanor, and upon conviction shall be pimished 
 by confinement in the county jail for not less than 30 days and 
 not more than 12 months, and by a.fine of not less than $100 
 and not more than $1,000. Same, sec. s. 
 
 No person other than the persons excepted in this act 
 who uses any such free ticket, free pass or free transportation, 
 frank or privilege over any railway or other transportation line 
 or sleeping or express car, telegraph or telephone line mentioned 
 in this act for any distance under the control and operation of 
 either of said companies subject to the provisions of this act or 
 under their authority, or shall knowingly and wilfully by any 
 means or device whatsoever obtain, use or enjoy from any such 
 company a less fare or rate than is charged, demanded, collected 
 or received by any such company from any other person, firm, 
 association of persons or corporations for doing for him, them or 
 it a like service if the transportation or service is of a like kind of 
 traffic or service imder substantially similar circumstances and 
 conditions, such person or such officer or agent who acts for such 
 corporation or company thus favored shall be guilty of a mis- 
 demeanor and on conviction for each offense shall be fined not 
 less than $100 and not more than $1,000. Same, sec. 6. 
 
 Any director, officer, agent or any receiver, trustee, lessee 
 or person acting for or employed by any company subject to the 
 provisions of this act, who alone or with any other corporation, 
 company, person or party shall wilfully do or cause to be done, 
 or shall wilfully suffer or permit to be done, any act, matter or 
 thing in this act prohibited or declared to be imlawful, or who 
 shall aid or abet therein, or shall wilfully omit or fail to do any 
 
 557 
 
act, matter or thing in this act required to be done, or shall cause 
 or wilfully suffer or permit any act, matter or thing so directed, 
 2aQ8 required by this act to be done, not to be done, or shall aid or 
 abet such omission or failure, or shall be guilty of any infraction 
 of this act, or shall aid or abet therein, shall be deemed guilty of 
 a misdemeanor, and shall upon conviction be subject to a fine of 
 not less than $ioo nor more than $i,ooo, and if the offense for 
 which any person shall be convicted imder this section shall be 
 unlawful discrimination in rates, fares or charges for the trans- 
 portation of passengers or property or the transmission of mes- 
 sages, such person may in addition to the fines hereinbefore 
 provided for, at the discretion of the jury, be imprisoned in the 
 penitentiary for a term not less than six months nor more than 
 two years. Same, sec. 7. 
 
 Suits brought tmder this act for the recovery of penalties may 
 be brought in any coiut in this state having jtu*isdiction of the 
 subject matter in any coimty (i) where an act in violation of the 
 provisions hereof is committed; (2) where such company or re- 
 ceiver has an agent or representative; (3) where the principal 
 office of such company is situated or such receiver or receivers 
 S209 or either reside, and half of all moneys collected under the pro- 
 visions of this act less the commission and expenses allowed by 
 law, shall be paid into the state treasury and constitute a part 
 of the general revenue of the state, and the remainder thereof 
 shall be paid into the treasiuy of the county where such suit or 
 suits may be maintained and constitute a part of the jury fund 
 of such county. Same, sec. 8. 
 
 It is made the duty of commission, the attorney general 
 and the district and coimty attorneys of this state under the 
 direction of the attorney general to see that the provisions of 
 this act are enforced and obeyed, and penalties due the state 
 
 MiQ are recovered and collected, and commission shall report to the 
 attorney general all violations within their knowledge with the 
 facts in their possession, and request him to institute or have in- 
 stituted the proper proceedings for the recovery of any penalty 
 that may be due the state. Same, sec. 9. 
 
 In any investigation, suit or prosecution which may be had or 
 instituted under the provisions of this act, the court or tribtmal 
 in which the investigation, suit or prosecution is pending may 
 compel all persons to attend and give testimony, and to produce 
 
 sail such papers, books and documents as may be desired by the 
 st^te, and no person shall be exempt from giving testimony there- 
 
 SS8 
 
in; provided, however, that no criminal action or proceeding 
 shall be brought or prosecuted against such witness on account of 
 any testimony so given or furnished by him. Same, sec. lo. 
 
 If any provision or provisions of this aet which exempt or 
 except any person, corporation or class or persons from the 
 operation and effects of this act, or which authorize any such 
 persons, corporations or class of persons to give, grant, issue, 
 
 2212 receive or accept free transportation or transportation at any 
 rate other than is granted to any and all persons of this state, 
 shall be held unconstitutional or invalid, such holding as to any 
 such provision or provisions shall not invalidate any other por- 
 tion of this act. Same, sec. ii. 
 
 VERMONT Railroad companies may transport at special 
 
 and reduced rates to and from a public agricultural exhibition 
 or fair, animals or other property to be there publicly exhibited, 
 and may transport at special and reduced rates to and from schools 
 
 2213 and other institutions of learning in this state students there at- 
 tending, provided, that such rates shall be available to all who 
 exhibit at such exhibitions or fairs or attend such schools or other 
 institutions of learning. Pub. Stats. igo6, sec. 4486. 
 
 No railroad shall directly or indirectly issue or give to any 
 person a free ticket, free pass or transportation; nor shall any per- 
 son use any free ticket, pass or transportation; provided, that 
 this section shall not apply to the members of commission, the 
 clerk and other employes of said commission, the employes of the 
 railroad and their families or its officers, agents, servants, phy- 
 sicians and attorneys and their families, traveling secretaries 
 of railroad Young Men's Christian Associations, coimty secretaries 
 of Young Men's Christian Associations, necessary caretakers of 
 live stock, perishable farm and dairy produce, potdtry and fruit, 
 employes of parlor, sleeping and express cars, linemen of tele- 
 graph and telephone companies, railroad mail service employes, 
 put postoffice inspectors, customs officers and immigration inspectors 
 and their deputies, newsboys on trains, baggage agents, persons 
 injured in wrecks and the nurses and physicians attending such 
 persons; nor shall it apply to the interchange of passes between 
 the officers, agents and employes of railroads and their families, 
 nor to the canying of passengers free in cases of epidemic, pesti- 
 lence or other calamitous visitations; nor shall it apply to the 
 transportation of live fish for the purpose of stocking waters of 
 this state or for propagation, and the necessary caretakers in 
 charge thereof; nor shall it apply to the carrying of fire companies 
 
 559 
 
and their equipment free or at special and reduced rates in case 
 of conflagration ; nor to the transportation of freight or passengers 
 when the same are being used or employed under order of any 
 state officials in imparting instruction upon agriculture. Same, 
 sec. 4532. 
 
 This section shall not apply to the exchanges by the railroad 
 companies of the state of the mileage books for advertising space 
 in the newspapers of the state at regular published card rates, 
 said advertising to include the publication of their time tables 
 and such other bona fide advertising matter as shall be deemed 
 2216 proper. Mileages so used must be accounted for in the annual 
 reports to commission and in the annual reports to the stock- 
 holders of the respective roads issuing such mileages as though 
 said mileages were sold for cash; and advertising bought with 
 mileages must be vouchered and included in the advertising ex- 
 pense accounts in said reports as though paid for in cash. Same. 
 
 The rates of fare charged by street railway companies for 
 the transportation of pupils of public or private schools between 
 a given point from or to which it is necessary for them to ride in 
 traveling to and from the school houses in which they attend 
 school, and their homes, whether such school houses are located 
 in the city or town in which the pupils reside or in another city 
 2216 or town, shall not exceed one-half the regular fare charged by 
 such street railway company for the transportation of other 
 passengers between said points, and the tickets for the transporta- 
 tion of pupils as aforesaid, good during the days on which said 
 schools are in session, shall be sold by such companies in lots of 
 ten each or any multiple of ten as the purchaser desires. A rail- 
 way company which violates the provisions of this section shall 
 forfeit $25 for each offense. Laws 1910, no. 150, sec. i. 
 
 See also par. 1946. 
 
 VIRGINIA Nothing in this chapter shall apply to the car- 
 
 riage, storage or handling of property free or at reduced rates 
 when such rates have been authorized or prescribed by commis- 
 sion for the United States, state or municipal government or for 
 charitable purposes or to or from fairs and expositions for exhi- 
 bition thereat, or the free carriage of homeless and destitute per- 
 sons and the necessary agents employed in such transportation, 
 or to mileage, exciirsion or commutation passenger tickets, or to 
 persons in charge of live stock being shipped from the point of 
 shipment to the point of destination and return. Nothing in this 
 chapter shall be construed to prohibit any transportation com- 
 
 560 
 
i 
 
 8217 pany from giving reduced rates to ministers of religion or to in- 
 digent persons or to inmates of the confederate homes or state 
 homes for disabled soldiers and sailors or to disabled soldiers and 
 sailors, including those about to enter and those returning home 
 after discharge, or carrying the same free; nothing in this chapter 
 shall be construed to prevent transportation companies from giv- 
 ing free carriage to their own officers, employes and members of 
 their families or to any other person or persons to whom the giv- 
 ing of such free carriage is not prohibited by the constitution 
 of this state, or to prevent the principal officers of any transporta- 
 tion company from exchanging passes or tickets with other 
 transportation companies for their officers, employes and mem- 
 bers of their families. Pollard's Code igo4, sec. i2Q4c(ij). 
 See also pars. ig48, 1952. 
 
 WASHINGTON No common carrier shall directly or indirectly 
 
 issue or give any free ticket, free pass or free or reduced trans- 
 portation for passengers between points within this state except 
 its employes^ and their families, its officers, agents, surgeons, 
 physicians and attorneys at law; to ministers of religion, traveling 
 secretaries of railroad Yoimg Men's Christian Associations, in- 
 mates of hospitals, charitable and eleemosynary institutions and 
 persons exclusively engaged in charitable and eleemosynary 
 work; to indigent, destitute and homeless persons and to such 
 persons when transported by charitable societies or hospitals, and 
 the necessary agents employed in such transportation, to inmates 
 of the national homes or state homes for disabled volunteer sol- 
 diers, and of soldiers' and sailors' homes, including those about to 
 enter and those returning home after discharge ; to necessary care- 
 takers of live stock, poultry, milk and fruit; to employes of sleep- 
 ing car companies, express companies and to linemen of tele- 
 graph and telephone companies; to railway mail service employes, 
 postoffice, customs and immigration inspectors; to newsboys on 
 trains, baggage agents, witnesses attending any legal investiga- 
 tion in which the common carrier is interested; to persons injured 
 in accidents or wrecks and physicians and nurses attending such 
 
 2218 persons; to the national guard of Washington when on official 
 duty, and students going to and retiiming from state institutions 
 of learning; provided, that this provision shall not be construed to 
 
 1 Provided, that the term "employes" as used in this section shall include furloughed, 
 pensioned and superannuated employes, persons who have become disabled or infirm in the 
 service of any such common carrier, and the remains of a person killed or dying in the employ- 
 ment of a carrier, those entering or leaving its service and ex-employes traveling for the pur- 
 pose of entering the service of any such common carrier; and the term "families" as used in 
 this section shall include the families of those persons named in this proviso, also the families 
 of persons killed and widows during widowhood and minor children during minority of persons 
 who died while in the service of any such common carrier. Laws 1911, ch. 117, sec. 18. 
 
 S6i 
 
prohibit the interchange of passes for the officers, attorneys, 
 agents and employes and their families of railroad companies, 
 steamboat companies, express companies and sleeping car com- 
 panies with other railroad companies, steamboat companies, 
 express companies and sleeping car companies, nor to prohibit 
 any common carrier from carrying passengers free with the object 
 of providing relief in cases of general epidemic, pestilence or other 
 calamitous visitation; and provided, further, that this provision 
 shall not be construed to prohibit the exchange of passes or franks 
 for the officers, attorneys, agents, employes and their families 
 of such telegraph, telephone and cable Hnes and the officers, at- 
 torneys, agents, employes and their families of other telegraph, 
 telephone or cable lines, or with railroad companies, express com- 
 panies or sleeping car companies; and provided, further, that 
 nothing herein contained shall prevent the issuance of mileage, 
 commutation tickets or excursion passenger tickets; and pro- 
 vided, further, that nothing in this section shall be construed to 
 prevent the issuance of free or reduced transportation by any 
 street railroad company for mail carriers or policemen or mem- 
 bers of fire departments, city officers and employes when engaged 
 in the performance of their duties as such city employes. Laws 
 iQii, ch. iiy, sec. i8. 
 
 Common carriers may carry, store or handle free or at re- 
 duced rates property for the United States, state, coimty or 
 municipal governments, or for charitable purposes, or to and from 
 tti9 fairs and exhibitions for exhibition thereat, and may carry, store 
 or handle free or at reduced rates the household goods and per- 
 sonal effects of its employes and those entering or leaving its 
 • service, and those killed or dying while in its service. Same. 
 
 Nothing in this act shall be construed to prohibit the making 
 of a special contract providing for the mutual exchange of service 
 between any railroad company and any telegraph or telephone 
 S210 company where the line of such telegraph or telephone company 
 is situated upon or along the railroad right of way and used by 
 both of such companies. Same. 
 
 No gas, electrical or water company shall fiimish its product 
 at free or reduced rates except to its employes ^ and their families 
 and its officers, attorneys and agents; to hospitals, charitable and 
 
 1 Provided,. that the term "employes" as used in this paragraph shall include furloughed, 
 pensioned and superannuated 6mployes, persons who have become disabled or infirm in the 
 service of any such company; and the term "families" as used in this paragraph shall include 
 the families of those persons named in this proviso, the families of persons killed or dying 
 in tl^e service, also the families of persons killed and the widows during widowhood and the 
 minor children during minority of persons who died while in the service of any of the com- 
 panies named in this paragraph. Laws igiz, ch. 117, sec .29. 
 
 562 
 
eleemosynary institutions and persons engaged in charitable and 
 nui eleemosynary work ; to indigent and destitute persons ; to national 
 homes or state homes for disabled volunteer soldiers and soldiers' 
 and sailors' homes; and provided, further, that water companies 
 may ftuTiish free or at reduced rates water for the use of the state 
 or for any product in which the state is interested. Same, sec. 2q. 
 No telephone or telegraph company shall directly or in- 
 directly give any free or reduced service or any free pass or frank 
 for the transmission of messages by either telephone or telegraph 
 between points within this state except to its officers, employes, 
 agents, pensioners, stirgeons, physicians, attorneys at law and 
 their faroilies, and persons and corporations exclusively engaged 
 SS28 in charitable and eleemosynary work and ministers of religion, 
 Young Men's Christian Associations, Young Women's Chris- 
 tian Associations; to indigent and destitute persons and to officers 
 and employes of other telephone companies, telegraph com- 
 panies, railroad companies and street railroad companies. Same, 
 sec. 40. 
 
 No wharfinger or warehouseman shall furnish dockage, 
 wharfage or storage or free or reduced rates except to its employes ^ 
 and their families and its officers, attorneys and agents; to hos- 
 isj|9 pitals, charitable and eleemos3niary institutions and persons 
 engaged in charitable and eleemosjoiary work; to indigent and 
 destitute persons; to national homes or state homes for disabled 
 volunteer soldiers and soldiers' and sailors' homes. Same, 
 sec. 49. 
 
 WISCONSIN Nothing in this act shall be construed to pre- 
 
 vent concentration, commodity, transit or other special contract 
 rates, but all such rates shall be open to all shippers for a like 
 kind of traffic imder similar circimistances and conditions, and 
 
 2SS4 shall be subject to the provisions of this act as to the printing and 
 filing of the same; provided, all such rates shall be tmder the su- 
 pervision and regulation of commission. Laws 1905^ ch. 362^ 
 sec. iJ9y-6. 
 
 Nothing herein shall prevent the carriage, storage or hauling 
 of freight free or at reduced rates for the United States, the state 
 or any mimicipality thereof, or for charitable purposes, or to and 
 
 1 Provided that the term "employes" as used in this section shall include furloughed, 
 I)ensioned and superannuated employes, persons who have become disabled or infirm in the 
 service of such wharfinger or warehouseman; and the term "families " as used in this section 
 shall include the families of those persons named in this proviso, also the families of persons 
 killed or dying in the service, also the families of persons killed and the widows during widow- 
 hood and the minor children during minority of persons who died while in the service of any 
 such wharfinger or warehouseman. Laxos 1911, ch. 117, sec. 49. ' 
 
 • 
 
from fairs and expositions for exhibition thereat, or household 
 goods the property of railway employes, or commodities shipped 
 by employes for their own exclusive use or consumption; or the 
 issuance of mileage, commutation or excursion passengers' 
 tickets, provided the same shall be obtainable by any person 
 applying therefor without discrimination, or the party tickets, 
 provided the same shall be obtainable by all persons applying 
 therefor imder like circimistances and conditions; or the sale 
 of such tickets as were usually and customarily sold at reduced 
 rates prior to Jime 15, 1905, provided, the same are sold without 
 discrimination to all persons applying therefor imder like cir- 
 cimistances and conditions. Same, sec. iygy-8{i), as amended 
 by Laws 1905, sp. sess., ch. 13. 
 
 This act shall not be construed as preventing railroads from 
 giving free transportation or reduced rates therefor to any minis- 
 ter of the gospel, officers or agent of incorporated colleges, in- 
 mates of soldiers' homes, regular agents of charitable societies 
 when traveling upon the business of the society only, destitute 
 and homeless persons, railroad officer, attorney, director, em- 
 
 2226 ploye, or members of their families, or to former railroad employes 
 or members of their families where such employes have become 
 disabled in the railway service or are unable from physical dis- 
 qualification to continue in the service, or to members of fam- 
 ilies of deceased railroad employes ; or to prevent the exchange of 
 passes with officers, attorneys or employes of other railroads and 
 members of their families ; provided, that no person holding any 
 public office or position under the laws of this state .shall be given 
 free transportation or reduced rates not open to the public. Same, 
 sec. lygy-Siz), as amended hy Laws 190^, sp. sess., ch. ij. 
 
 This act shall not be construed as preventing railroad com- 
 panies from giving free transportation or reduced rates therefor 
 to persons actually engaged for more than half of their time each 
 year in the business of selling imimproved land within the state 
 to settlers. No transportation hereimder shall be delivered to or 
 used by any such person imtil commission upon application of 
 such person and after investigation as it may deem necessary, 
 
 2227 shall have determined that such applicant is actually engaged in 
 such business within the law and spirit of this provision, and shall 
 have issued to such applicant a certificate to that effect. On or 
 before the tenth day of each month every person holding a cer- 
 tificate hereimder shall report to commission the miles traveled 
 upon the railroads of the state under the provisions hereof diiring 
 
 364 
 
I 
 
 the preceding calendar month. Laws igog, ch. log, sec. lygy-S 
 (5), as amended hy Laws igii, ch. 150. 
 
 Upon any shipment of Hve stock or other property of such 
 nature as to require the care of an attendant, the railroad may 
 furnish to the shipper or some person or persons designated by 
 him, free transportation for such attendant including return pas- 
 
 2228 sage to the point at which the shipment originated; provided there 
 shall be no discrimination in reference thereto between such ship- 
 pers, and commission shall have power to prescribe regulations 
 in relation thereto. Laws igo^, ch. 362, sec. iygj-^(4), as 
 amended by Laws igo^, sp. sess., ch. ij. 
 
 Except as provided in this section no free transportation for 
 
 2229 intrastate traffic shall be given to any person by any railroad. 
 Same, sec. lygySij), as amended by Laws igo^, sp. sess., ch. ij. 
 
 K. SPECIAL PROHIBITIONS AGAINST OFFER- 
 ING, GRANTING, SOLICITING OR ACCEPT- 
 ING FREE OR REDUCED RATE OR SPECIAL 
 SERVICE APPLICABLE TO PUBLIC OFFI- 
 CIALS OR MEMBERS OF POLITICAL OR- 
 GANIZATIONS, WITH EXCEPTIONS 
 THERETO. 
 
 ALABAMA No railroad or other transportation company 
 
 or corporation shall grant free passes or sell tickets or passes at a 
 discount, other than as sold to the public generally, to any mem- 
 ber of the legislature or to any officer exercising judicial functions 
 under the laws of this state ; and any such member or other officer 
 receiving such a pass or ticket for himself, or procuring the same 
 for another, shall be guilty of a misdemeanor, and upon conviction 
 shall be fined not exceeding $500, and at the discretion of the court 
 trying the case, in addition to such fine, may be imprisoned for a 
 term not exceeding six months, and upon conviction, shall be sub- 
 ject to impeachment and removal from office. The courts having 
 jurisdiction shall give the law specially in charge to the grand 
 jtiries, and when the evidence is sufficient to authorize an indict- 
 
 2230 ment the grand jury must present a true bill. The circuit court 
 or any court of like jurisdiction in any county into or through 
 which such member or officer is transported by the use of such 
 prohibited pass or ticket shall have jurisdiction of the case, pro- 
 vided only one prosecution shall be had for the same offense, and 
 
 565 
 
provided further that the trial and judgment for one offense shall 
 not bar a prosecution for another offense, when the same pass or 
 ticket is used; and provided further that nothing herein shall 
 prevent a member of the legislature who is a bona fide employe 
 of a railroad or other transportation company or corporation at 
 the time of his election from accepting or procuring for himself or 
 another not a member of the legislature, or officer exercising judi- 
 cial functions, a free pass over the railroad or other transportation 
 company or corporation by which he is employed. Const., sec. 
 244. 
 
 ARKANSAS No railroad or transportation company shall 
 
 grant any free pass in the cars or other modes of conveyance over 
 the line of any such railroad or transportation company for any 
 length of time or for any distance to any officer of the state, 
 
 sssi legislative, executive or judicial, whereby any such officer may be 
 transported for any length of time or for any distance over the 
 line of any such railroad or transportation company, either free 
 of charge therefor or for a less compensation than that demanded 
 or received from the general public. Kirby's Digest 1904, sec. 
 6694. 
 
 CALIFORNIA No railroad or other transportation company 
 
 shall grant free passes or passes or tickets at a discount to any 
 person holding any office of honor, trust or profit in this state; 
 
 2232 and the acceptance of any such pass or ticket by a member of the 
 legislature or any public officer other than railroad commissioners 
 shall work a forfeiture of his office. Const., art. xii, sec. 19. 
 
 FLORIDA No railroad or other transportation company 
 
 or common carrier shall grant a free pass or discoimt in the fare 
 paid by the public generally to any member of the legislature, or 
 
 32S3 to any salaried officer of this state, and the legislature shall pro- 
 hibit the granting or receiving such free pass or fare at a discount 
 by suitable penalties. Const., art. xvi, sec. 31. 
 
 Hn^IANA See par. 2105. 
 
 KENTUCKY No railroad, steamboat or other common car- 
 
 rier, under heavy penalty to be fixed by the general assembly, 
 shall give a free pass or passes, or shall at reduced rates not com- 
 mon to the public sell tickets for transportation to any state, dis- 
 trict, city, town or county officer, or member of the general assem- 
 bly or judge; and any state, district, city, town or county officer 
 or member of the general assembly, or judge, who shall accept or 
 
use a free pass or passes, or shall receive or use tickets or transpor- 
 tation at reduced rates not common to the public, shall forfeit 
 his office. It shall be the duty of the general assembly to enact 
 laws to enforce the provisions of this section. Const., sec. igy, 
 
 MAINE No person holding any federal, state or county 
 
 or mimicipal office shall request for himself or another, accept or 
 use, any free transportation upon a steam or other railway, or 
 any ticket or token which entitles him to transportation upon 
 such railway for which he has paid a less price than is demanded 
 of the public generally; and no officer, agent or employe of such 
 railway corporation shall knowingly issue, deliver or offer to any 
 
 M35 person hereinbefore mentioned, or to or for any other person at 
 the request, soHcitation or proctirement of any federal, state or 
 county or municipal officer, except for cases of charity, free trans- 
 portation or any ticket or token which entitles him to trans- 
 portation at a less rate of fare than is demanded of the public 
 generally. Pub. Laws igoy, ch. 755, sec. i, as amended by Pub. 
 Laws igog, ch. 72, sec. i.^ 
 
 MASSACHUSETTS Any person who, being governor, lieutenant- 
 governor, member of the coimcil, member or member-elect of the 
 general court, justice of the supreme judicial court, justice of the 
 superior court, judge of probate* justice of a police district or mu- 
 nicipal cotirt, or a coimty commissioner, who requests for himself 
 or another, accepts or uses any free pass upon a railroad, or any 
 ticket which entitles him to transportation upon a railroad for 
 which he has paid a less price than is demanded of the public 
 
 2236 generally, and an officer, agent or employe of a railroad corpora- 
 tion who issues, delivers or offers to any person hereinbefore men- 
 tioned, or to or for any other person at the request, solicitation or 
 procurement of any such person, a free pass or any ticket which 
 entitles him to transportation at a less rate of fare than is de- 
 manded of the pubHc generally, shall be punished by a fine of 
 not less than $100, nor more than $1,000. Acts igod, ch. 463, pt. 
 it, sec. igo. 
 
 Street railway companies shall not give free tickets or passes 
 to any state, cotmty or mimicipal official, or to any person in the 
 employ of the commonwealth or of any county, city or town, ex- 
 cept poHcemen, firemen and letter-carriers in uniform; but it may 
 
 2237 give them to the director of the company, or to any person who is 
 connected with it in any executive capacity. A company which 
 violates any of the provisions of this section shall forfeit for each 
 
 ) ^db paragraph 3123. 
 
offense not less than $ioo, nor more than $500. Same, pt. in, 
 sec. g8. 
 
 MINNESOTA See par. 2139. 
 
 MISSOURI No railroad or other transportation company 
 
 shall grant or issue free passes or tickets, or passes or tickets at a 
 discount, to members of the general assembly of the state, or 
 members of the state board of equalization, or any state, county 
 or municipal officer. Any railroad or other transportation com- 
 pany violating the provisions of this section shall forfeit and pay 
 
 2238 for each offense the sum of $200, which may be recovered in the 
 name of the state in any court of competent jurisdiction, and shall 
 be prosecuted by the prosecuting attorney of the county where 
 the offense was committed, or the attorney general, and the 
 amount recovered shall be paid into the county school fimd of 
 said county. Rev. Stats, igog, sec. 4812. 
 
 NEBRASKA It is declared to be imlawful for any street rail- 
 
 way company, its officers or agents, in any state or village in this 
 state, to carry any officer, either elected or appointed, of said city or 
 viUage, except the chief and members of the fire department and 
 policemen of said city or village, upon its cars free of charge, or 
 for a smaller charge or price than it charges other patrons for simi- 
 lar service, or to furnish to any such officer a free pass authorizing 
 such person to ride or be carried free on the cars of any such street 
 railway company,. or to furnish to any such officer free of charge 
 any emblem or emblems upon metal or other substance whereby 
 such officer may be carried free upon the cars of such street rail- 
 way company, or to resort to any other means whereby any such 
 
 2239 officer may be enabled to ride free of charge, or for a less charge 
 or price, than such company exacts from other customers for simi- 
 lar service upon any such street railway company's cars. A vio- 
 lation of any of the provisions of this section by a street railway 
 company shall be punishable by a fine of not less than $200, nor 
 more than $500 and the officer or agent of such company acting 
 for the company in any such violation shall be punished by im- 
 prisonment in the county jail for a period of not less than 30 days, 
 nor more than six months; provided, that if any conductor in 
 charge. of any street car shall, in obedience to any free pass, or 
 by any other direction of the company or its managing officers, 
 permit any person to ride free upon such car, such conductor shall 
 not be deemed, by reason of such act, to have violated any of the 
 provisions of this section. Comp. Stats, igoy, sec. i8g$. 
 
 568 
 
If any officers, except the chief and members of the fire depart- 
 ment and policemen, either elective or appointive, in any city or 
 village in the state, shall accept and use any free pass from a street 
 railway company in the city or village for which he is an officer, 
 whereby such officer is enabled to be carried free of charge upon 
 the cars of such street railway, or shall accept or use any emblem 
 or emblems upon metal or other substance, whereby such officer 
 is enabled to be carried free of charge upon the cars of any such 
 street railway company, or shall resort to any other means 
 whereby he, as such officer, shall be carried free of charge, or for 
 
 2240 a less price or charge than such company exacts from others for 
 similar services, upon the cars of any street railway company, he 
 shall for every such offense, upon conviction be punished by a 
 fine of not less than $ioo, nor more than $500, and by imprison- 
 ment in the county jail for a period of not less than 30 days nor 
 more than 90 days, and shall moreover forfeit his office at the time 
 held by him; provided, that each time any such officer shall ride 
 free upon any such street railway cars by reason or means of any 
 free pass, emblem or emblems, or by resort to any other means, 
 shall constitute a violation of the provisions of this section by 
 such officer, and shall also be a violation of section 1895 by such 
 street railway company. Same, sec. 1896. 
 
 It is declared to be unlawful for any telephone company to 
 furnish to any officer of any city or village in the state, whether 
 such officer be elective or appointive, a telephone free of charge 
 or for a price less than that charged other customers for similar 
 service, or for any such officer to accept such telephone or tele- 
 phone service free of charge or at a less price than shall be charged 
 to other customers for similar service. Any violation of this sec- 
 
 2241 tion by a telephone company shall be pimishable by a fine of not 
 less than $100 nor more than $500, and the officer or agent of any 
 such telephone company acting or assisting in such violation shall 
 be punished by imprisonment in the county jail for not less than 
 30 days nor more than six months, and any violation of this section 
 by any officer of any such city or village shall subject him to a 
 fine of not less than $100 and not more than $500, and by impris- 
 onment in the county jail for a period of not more than 90 days, 
 and he shall, upon conviction, forfeit the office held by him at the 
 time of committing such offense. Same, sec. iSgy. 
 
 NEVADA It shall be unlawful for any person, firm or 
 
 corporation engaged in business as a common carrier to give or 
 furnish to any state, district, county or municipal officer of the 
 
 569 
 
state, or to any person other than those mentioned in section 
 . eight, any pass, frank, free or reduced rate transportation, or for 
 . any such state, district, county or municipal officer to accept such 
 
 2242 frank, pass, free or reduced rate transportation. Any firm, per- 
 son or corporation, or the agent thereof, or any state, district, 
 county or municipal officer, violating the provisions of this section 
 shall, upon conviction thereof, be fined in any sum not less than 
 $ioo, nor more than $500, and in addition to such penalty, the 
 office of any such state, district, coimty or municipal officer shall, 
 upon his conviction, ipso facto become vacant. Stats, igoy, 
 ch. 44, sec. 25, as amended by Stats, iqoq, ch. 121, sec. g. 
 
 NEW HAMPSHIRE Any person who being governor, member of 
 the executive council, member or member-elect of the general 
 cotirt, justice of the supreme coiu-t, justice of the superior court, 
 judge of probate, justice of a police or municipal court, county 
 solicitor, coimty sheriff, county commissioners, or a' salaried 
 state officer appointed by the governor and council, or elected by 
 the legislature, whose transportation expenses are made by stat- 
 ute a charge upon the state treasury, and for whose transportation 
 authority is provided by law, who requests for himself or another, 
 accepts or uses, any free pass upon a steam railroad, or any ticket 
 
 2243 which entitles him to transportation upon a steam railroad for 
 which he has paid a less price than is demanded of the pubhc 
 generally, and the officer, agent or employe of a steam railroad 
 corporation who knowingly issues, delivers or offers to any per- 
 son hereinbefore mentioned, or to or for any other person at the 
 request, solicitation or prooirement of any such person, a free 
 pass, or any ticket which entitles him to transportation at a less 
 rate of fare than is demanded of the public generally, shall be pun- 
 ished by a fine of not less than $100 nor more than $1,000. Laws 
 iQoy, ch. 79y sec. i. 
 
 Any person being or serving as a delegate to a political con- 
 vention within the state, who requests, accepts or uses any free 
 pass, or any ticket which entitles him to transportation upon any 
 steam railroad in the state to or from the political convention in 
 which he is to serve as a delegate, for which he has paid a less price 
 than is at the time demanded of the public generally for Hke trans- 
 
 2244 portation; and any officer, agent or employe of a steam railroad 
 corporation who issues, delivers or offers to any such person, 
 knowing him to be a delegate, as aforesaid, free pass or any ticket 
 which entitles him to transportation to or from the political con- 
 vention in which he is to serve as a delegate, at a less rate of fare 
 
 57P 
 
than is at the time demanded of the public generally for like trans- 
 portation, shall be punished by a fine of not less than $ioo nor 
 more than $i,ooo. Samey sec. j. 
 
 The inhibitions of this act shall not apply to any railroad 
 official or employes or their families, or agents, surgeons, attorneys 
 IMS at law, or witnesses attending any investigation or trial in which 
 they are interested. Same, sec. 4. 
 
 NEW JERSEY The governor, chancellor, vice chancellor, jus- 
 
 tice of the supreme court, justice of the court of errors and 
 appeals, secretary of state, state treasurer, state comptroller, 
 clerk in chancery, clerk of the supreme court, adjutant general, 
 
 2246 quartermaster general, state librarian, state prison keeper and 
 state superintendent of public schools, while traveling for the 
 purpose of discharging the duties of their offices, and the members 
 and officers of both houses of the legislature of this state, shall 
 pass and repass free of charge on the railroad of any company 
 organized under this act. Laws 1903, ch. 257, sec. 40. 
 
 No public utility shall give, grant or bestow upon any local, 
 municipal or county official any discrimination, gratuity or free 
 service whatsoever, but nothing herein contained shall prevent 
 
 M47 the entering into any public conveyance or in or upon the prop- 
 erty of any such public utility by any such official in the pursuit 
 of his public duties in connection with the particular conveyance 
 or property so entered by him upon exhibiting his authority so to 
 do. Laws igiiy ch. ig^, sec. i8{g). 
 
 NEW YORK No public officer or person elected or appointed 
 
 to a public office imder the laws of the state shall directly or in- 
 directly ask, demand, accept, receive or consent to receive, for his 
 own use or benefit, or for the use or benefit of another, any free 
 pass, free transportation, franking privilege or discrimination in 
 passenger, telegraph or telephone rates from any person or cor- 
 poration, or make use of the same himself or in conjunction with 
 another. A person who violates any provision of this section 
 shall be deemed guilty of a misdemeanor and shall forfeit his office 
 
 ms at the suit of the attorney general. Any corporation, or officer or 
 agent thereof, who shall offer or promise to a public officer or per- 
 son elected or appointed to a public office any such free pass, free 
 transportation, franking privilege or discrimination shall also be 
 deemed giiilty of a misdemeanor and liable to punishment, ex- 
 cept as herein provided. No person or officer or agent of a cor- 
 poration giving any such free transportation, franking privilege 
 
 571 
 
or discriinination hereby prohibited shall be prevented from tes- 
 tifying in relation thereto, and he shall not be liable to civil or 
 criminal prosecution therefor if he shall testify to the giving of 
 same. Const., art. xiii, sec. 5. 
 
 OHIO Upon the granting of franchises to traction 
 
 companies throughout this state for the use of streets, roads, and 
 highways for the transportation of passengers it must be provided 
 
 2249 as one of the considerations for such use of the public highways, 
 that such traction companies shall carry free as passengers on any 
 and all regular cars, policemen and firemen when on duty and in 
 uniform. Code igio, sec. 9114. 
 
 OREGON No public utility or any agent or officer thereof, 
 
 or any agent or officer of any municipality constituting a public 
 utility, shall offer or give for any purpose to any political commit- 
 tee, or any member or employe thereof, to any candidate for 
 or incumbent of any office or position under the constitution or 
 laws, or under any ordinance of any municipality of the state, or 
 
 2260 to any person at the request or for the advantage of all or any of 
 them, any pass, reduced rate, frank, or any privilege withheld 
 from any person for any transportation, product or service pro- 
 duced, transmitted, delivered, furnished or rendered, or to be 
 transported, produced, transmitted, delivered, furnished or ren- 
 dered by any public utility, or the conveyance of any telephone 
 message or communication, or any free produce or service what- 
 soever. Gen. Laws igii, ch. 279, sec. 62. 
 
 No political committee and no member or employe thereof, 
 no candidate for and no incumbent of any office or position under 
 the constitution or laws, or under any ordinance of any town 
 or municipality of the state, shall ask for or accept from any pub- 
 lic utility, or any agent or officer thereof, or any agent or officer 
 of any municipality constituting a public utility, or use in any 
 manner or for any purpose any pass, reduced rate, frank or priv- 
 
 2261 ilege withheld from any person for any transportation, product or 
 service produced, transmitted, delivered, furnished or rendered, 
 or to be produced, transmitted, delivered, furnished or rendered 
 by any public utility, or the conveyance of any telephone message 
 or commimication. Any violation of any of the provisions of this 
 section shall be punished by imprisonment in the state peniten- 
 tiary for not more than five years nor less than one year, or by 
 fine not exceeding $1,000 nor less than $200, or by both such fine 
 and imprisonment. Same. 
 
 572 
 
SOUTH DAKOTA See par. 2193, 
 TEXAS See par. 2205. 
 
 VIRGINIA No transportation or transmission company 
 
 shall grant to any member of the general assembly, or to any 
 state, coimty, district or municipal officer, except to members and 
 officers of commission for their personal use while in office, any 
 frank,^ free pass, free transportation or any rebate or reduction in 
 the rates charged by such company to the general public for like 
 services. For violation of the provision of this section the offend- 
 
 S252 ing company shall be liable to such penalties as may be prescribed 
 by law; and any member of the general assembly, or any such 
 officer who shall while in office accept any gift, privilege or benefit 
 as is prohibited by this section, shall thereby forfeit his office and 
 be subject to such further penalties as may be prescribed by law; 
 but this section shall not prevent a street railway company from 
 transporting free of charge any member of the police force or fire 
 department while in discharge of his official duties, nor prohibit 
 the acceptance by any such policeman or fireman of such free 
 transportation. Const., sec. 161. 
 
 WASHINGTON No railroad or other transportation company 
 
 shall grant free passes or sell tickets or passes at a discotmt, other 
 
 8253 than as sold to the public generally, to any member of the legis- 
 lature or to any person holding any public office within the state. 
 Const., art. xii, sec. 20. 
 
 WISCONSIN No public utility or any agent or officer thereof, 
 
 or any agent or officer of any municipality constituting a public 
 utility shall offer or give for any purpose to any political commit- 
 tee, or any member or employe thereof, to any candidate for or 
 incumbent of any office or position under the constitution or laws, 
 or under any ordinance of any municipality of the state, or to any 
 
 2254 person at the request or for the advantage of all or any of them, 
 any frank or any privilege withheld from any person for any prod- 
 uct or service produced, transmitted, delivered, furnished or 
 rendered, or to be produced, transmitted, delivered, furnished or 
 rendered by any public utility, or the conveyance of any telephone 
 message or communication or any free product or service whatso- 
 ever. Laws igoy, ch. 499, sec. iygym-88{i). 
 
 iThe term "frank" shall be construed to mean any writing or token, issued by, 
 or under authority of, a transmission company, entitling the holder to any service from such 
 company free of charge. The provisions of this article shall always be so restricted in 
 their application as not to conflict with any of the provisions of the Constitution of the 
 United States, and as if the necessary limitations upon their interpretation had been herein 
 expressed in each case. Const., sec. i6i. 
 
 I 
 
 573 
 
No political committee and no member or employe thereof, 
 no candidate for and no incumbent of any office or position under 
 the constitution or laws, or under any ordinance of any town or 
 municipality of the state, shall ask for or accept from any public 
 utility, or agent or officer thereof, or any agent or officer of any mu- 
 
 nss nicipality constituting a public utility, or use in any manner or 
 for any purpose any frank or privilege withheld from any person 
 for any product or service produced, transmitted, delivered, fur- 
 nished or rendered or to be produced, transmitted, delivered, fur- 
 nished or rendered by any public utility, or the conveyance of any 
 telephone message or communication. Same, sec. i jg'jm -88 (2) . 
 
 Any violation of any of the provisions of this section shall be 
 punished by imprisonment in the state prison for not more than 
 
 s^6 five yiears, nor less than one year, or by fine not exceeding $1,000, 
 nor less than $200. Same, sec. i7gym-88{3). 
 
 L. PUBLISHING AND FILING OF LISTS OF PER- 
 SONS TO WHOM FREE OR REDUCED RATE 
 OR SPECIAL SERVICE HAS BEEN GRANTED. 
 
 m^ABAMA Every railroad shall on or before the ist day of 
 
 September in each year, and oftener if required by commission, 
 file with commission a verified list of all railroad tickets, passes or 
 mileage books issued free or for other than for actual bona fide 
 money consideration at full established rates during the preceding 
 
 2267 year ending June 30, together with names of recipients thereof, 
 the amounts received therefor and the reason for issuing the 
 same. This provision shall not apply to the sale of tickets at 
 reduced rates authorized by the law or rates open to the public, 
 nor to tickets, passes or mileage books issued prior to the passage 
 of this act. Acts igoy, no. ^5, sec. 7. 
 
 See also par. 208'/. 
 
 ARIZONA Every common carrier shall on the first Mon- 
 
 day in July of each year, and at such other time as may be re- 
 quired by commission, file with commission a verified list of all 
 tickets, passes, mileage books, franks or reduced rate transporta- 
 
 2268 tion issued for other than bona fide consideration at full estab- 
 lished rates during the preceding year, together with names of the 
 recipients thereof, the amoimt received therefor and the reason 
 for issuing the same. This shall not apply to the sale of tickets 
 at reduced rates open to the public. Sess. Laws igi2, ch. go, 
 sec. i7{a){4). 
 
IOWA Every common carrier of passengers shall on 
 
 or before the first day of February in each year file with the ex- 
 ecutive council of the state a sworn statement showing the names 
 of all persons within the state to whom during the preceding cal- 
 endar year it issued, furnished or gave a free ticket, free pass, free 
 
 2269 transportation or a discriminating reduced rate, except to wage 
 earners of common carriers in their ordinary employment, and 
 families of such wage earners, and disclosing such further informa- 
 tion as will enable the council to determine whether the person to 
 whom it was issued was within the exception of this act. Code 
 1897 y sec. 2157J. 
 
 MAINE It shall be the duty of all railway corporations 
 
 within five days of issuance, to file with the secretary of state the 
 name of every federal, state or coimty or municipal officer, except- 
 
 2260 ing police officers and members of fire departments, to whom free 
 or reduced rate transportation is issued by said corporation, the 
 kind of transportation, the time for which it is good and the rea- 
 sons for so doing. Puh. Laws iQoy, ch. ijj, sec. 2, as amended 
 by Pub. Laws 1911, ch. 4J, sec. 2.^ 
 
 It shall be the duty of the secretary of state to keep in a suit- 
 able book a record of all such free or reduced rate transportation 
 
 2261 so issued to any federal, state or county or municipal official which 
 record shall be open at any time during office hours for public 
 examination. Same. 
 
 Michigan Every common carrier shall on or before the 
 
 first day of February, 1910, and annually thereafter, and oftener 
 if required by commission, file with commission a verified list of 
 all free tickets, free passes and free transportation issued or given 
 by it during the year ending December 31, preceding, together 
 with the full names and addresses of recipients thereof and the 
 
 ^62 reason for issuing the same; provided, that this section shall not 
 be deemed to require the filing of the list of such free tickets, free 
 passes and free transportation issued or given by such common 
 carrier to its employes or their families, its officers, agents, sur- 
 geons, physicians or attorneys at law and members of their fam- 
 ilies, or the officers, agents, attorneys and employes of other 
 common carriers and their families, except such list be specially 
 ordered by commission. Pub. Acts igog, no. joo, sec. 2g(b). 
 
 MISSISSIPPI Free or reduced rate service is allowed to cer- 
 
 2263 tain classes of persons on the condition that the railroad shall re- 
 
 » See par. 2123. 
 
 I 
 
 575 
 
port annually to commission all free passes granted, by whom and 
 for what reason granted. Code igo6, sec. 4844. 
 See also pars. 1828, 2142, 2860. 
 
 NEBRASKA It shall be the duty of railroad corporations and 
 
 each of them to cause to be filed not later than the tenth day of 
 each month with commission a monthly statement, giving the 
 names and addresses of all persons to whom free tickets, free 
 
 2264 passes or free transportation have been given or furnished by said 
 railroad corporation, specifying the kinds of emplo3rment in which 
 such persons are engaged and designating under which of the ex- 
 ceptions of law such free tickets, free passes or free transportation 
 have been given or furnished said person. Cobbey^s Annot. Stats, 
 igog, sec. 10664. 
 
 NEVADA Every railroad shall on the first Monday in 
 
 January of each year, and oftener if required by commission, file 
 with commission a verified list of all railroad tickets, passes and 
 mileage books issued free or for other than actual bona fide money 
 
 2266 consideration at full established rates during the preceding year, 
 together with the names of the recipients thereof, the amount re- 
 ceived therefor, and the reason for issuing the same. This pro- 
 vision shall not apply to the sale of tickets at reduced rates open 
 to the public. Stats, igoj, ch. 44, sec. igia), as amended by Stats, 
 igog, ch. 121. 
 
 NEW HAMPSHIRE Every carrier shall keep a correct list of all 
 passes by it issued, except those issued to its employes and their 
 families, and exchange interstate passes issued under the laws 
 of the United States. Such list shall contain the name of each 
 person to whom a pass is issued and a general description of said 
 pass. A copy of such list for the preceding year, in such form as 
 the attorney general may prescribe, shall be filed with the 
 
 2266 attorney general for his use in the month of January in each year 
 and shall be a public record open to public inspection under such 
 regulations as the attorney general may prescribe. Such list, 
 together with the books, records and papers of the carrier so 
 far as relevant shall be open at all times to the inspection of the 
 attorney general, who shall examine the same whenever he deems 
 it necessary to the due enforcement of this act. Laws igog, ch. 
 126, sec. 5. 
 
 OHIO On the first Monday in February in each year, 
 
 and oftener if required by commission, each railroad shall file 
 
 576 
 
with commission a verified list of all railroad tickets, passes and 
 mileage books issued free or for other than actual bona fide money- 
 consideration at full established rates during the preceding year, 
 
 2267 together with the names of the recipients thereof, the amount re- 
 ceived therefor and the reason for issuing them. This provision 
 shall not apply to the sale of tickets at reduced rates open to the 
 public, or tickets, passes or mileage books issued to persons not 
 residents of the state, or tickets, passes or mileage books issued 
 free pursuant to authority conferred in this chapter. Code igio, 
 sec. 562. 
 
 OREGON Every railroad shall on the first Monday in 
 
 February in each year, and oftener if required by commission; file 
 with commission a verified Ust of all railroad tickets, passes and 
 mileage books issued free or for other than actual bona fide money 
 consideration at full established rates during the preceding year, 
 together with the names of the recipients thereof, the amotmts 
 received therefor, mileage thereof, and the reasons for issuing the 
 
 2268 same. This provision shall not apply to the sale of tickets at 
 reduced rates open to the public, nor to tickets, passes or nuleage 
 books issued to persons not residents of this state, nor to tickets, 
 passes or mileage books issued prior to the passage of this act, 
 and commission in its discretion may exempt any carrier from fur- 
 nishing a statement of trip passes issued to persons regularly and 
 exclusively in its employ, but such carrier shall preserve a record 
 of all such passes, which shall be open to the inspection of commis- 
 sion, for a period of two years after the issuance thereof. Gen. 
 Laws igoy, ch. 55, sec. 45. 
 
 Commission may in. its discretion require to be filed with it 
 by any public utility a list, verified under oath of the president, 
 
 2269 manager, superintendent or secretary of any public utility, of all 
 free or reduced rate privileges granted by such public utility imder 
 the provisions of this section. Gen. Laws igii, ch. 2yg, sec. 6j. 
 
 SOUTH DAKOTA Any person, association, copartnership, com- 
 mon carrier or corporation, issuing or giving any free ticket, pass, 
 frank or privilege permitted to be given by this act, shall on or 
 before the tenth day of July and the tenth day of January of each 
 year, file with commission a statement sworn to by the person 
 or officer, agent, or attorney of the corporation making it, giving 
 
 2270 a list of all such free tickets, passes, franks or privileges issued or 
 given under the provisions of this act during the six months pre- 
 ceding the first day of the month in which statement is made, 
 
 577 
 
with the date of issue, name of person to whom issued, and kind 
 of free ticket, pass, frank or privilege issued; which statement 
 commission shall include and publish in its annual report. Sess. 
 Laws igoy, ch, 221, sec. 5. 
 See also par. 3076. 
 
 TEXAS Each and all companies, subject to the provi- 
 
 sions of this act, their receivers and lessees, shall report annually 
 on such dates as may be fixed by commission the name and resi- 
 dence of each and every person to whom free transportation or 
 right thereto was given to travel, or to have his property or mes- 
 
 2271 sage transported or transmitted over its transportation, express, 
 sleeping car or railway or telegraph or telephone line; and any 
 company violating the provision shall be deemed guilty of a mis- 
 demeanor and for each offense on conviction shall pay to the state 
 a penalty of $1,000. Laws igoy, ch. 42, sec. 5. 
 
 WISCONSIN Substantially identical with par. 2268. Laws 
 
 2272 1905, ch. 362, sec. iygy-ig{a), as amended by Laws igo'j, ch. ^82. 
 
 S78 
 
 J 
 
CHAPTER VII 
 
 Service 
 
 SCOPE NOTE 
 
 This chapter includes provisions prescribing that 
 adequate service and facilities he maintained and pro- 
 vided for patrons and utilities, and such grants of power 
 as authorize commissions to render these requirements 
 elective. Provisions establishing by legislative enact- 
 ment defined service standards or specific facilities, even 
 when enforcement is left to commissions, have been ex- 
 cluded. For provisions incidentally involving questions 
 of service, see ch. iv, on establishment and change of rates. 
 For provisions dealing with through routes for connecting 
 carriers and physical connection between telephone and 
 telegraph companies, see ch. iv, on establishment and 
 change of rates. For provisions defining and prohibit- 
 ing discrimination in service and facilities, see ch. vi, 
 on discrimination in rates and service. For provisions 
 regulating the safety of service and facilities, see ch. viii, 
 on safety of operation. For provisions authorizing com- 
 missions to enter upon the premises of utilities and 
 examine their property and equipment, see ch. ii, on 
 general powers of commissions. For provisions pre- 
 scribing general procedure to be followed in the exercise 
 of commission authority, see ch. xiv, on commission 
 procedure and practice. For provisions prescribing gen- 
 eral rules of enforcement and judicial review, see ch. xv, 
 on enforcement. For general statement of scope and 
 method, see introduction. 
 
 579 
 
A. 
 B. 
 C. 
 D. 
 E. 
 
 F. 
 
 G. 
 H. 
 I. 
 
 J. 
 
 K. 
 
 L. 
 
 ANALYSIS 
 
 PAGE 
 
 Reasonable and adequate service and facilities required 581 
 
 Requirement that utilities serve applicants 586 
 
 Payment of price as it affects duty to serve 590 
 
 Telephone companies required to serve telegraph companies 592 
 
 Telephone and telegraph companies required to serve connecting 
 
 utilities of the same kind 593 
 
 Railroad, express and telegraph companies required to have telephone 
 
 facilities 595 
 
 Joint use of plant, equipment and facilities 597 
 
 Rules, regulations, practices, methods and appliances 605 
 
 Repairs, construction, reconstruction, additions and other property 
 
 changes 615 
 
 1. Utilities other than railroads and common carriers 615 
 
 2. Railroads and other common carriers 621 
 
 Character and kind of service and service standards 632 
 
 Regulation of meters 638 
 
 Free delivery limits of express, telephone and telegraph companies. . . . 647 
 
 580 
 
A. REASONABLE AND ADEQUATE SERVICE 
 AND FACILITIES REQUIRED. 
 
 UNITED STATES It shall be the duty of every common carrier 
 
 2273 to provide and furnish transportation upon reasonable request 
 therefor. Act to Regulate Commerce, sec. i. 
 
 All common carriers shall establish, observe, and enforce 
 just and reasonable classifications of property for transportation, 
 with reference to which rates, tariffs, regulations, or practices 
 are or may be made or prescribed, and just and reasonable regula- 
 tions and practices affecting classifications, rates or tariffs, the 
 issuance, form and substance of tickets, receipts, and bills of lad- 
 ing, the manner and method of presenting, marking, packing, and 
 delivering property for transportation, the facilities for transpor- 
 
 2274 tation, the carrying of personal, sample, and excess baggage, and 
 all other matters relating to or connected with the receiving, hand- 
 ling, transporting, storing, and delivery of property which may be 
 necessary or proper to secure the safe and prompt receipt, hand- 
 ling, transportation, and delivery of property upon just and rea- 
 sonable terms, and every such unjust and tmreasonable classifica- 
 tion, regulation, and practice with reference to commerce between 
 the states and with foreign coimtries is prohibited and declared 
 to be unlawful. Same. 
 
 ALABAMA Every transportation company shall furnish 
 
 2275 reasonably adequate service and facilities. Code igo^, sec. 5650. 
 
 ARIZONA, CALIFORNIA 
 
 Every public service corporation ^ shall furnish, 
 provide, and maintain such service, instrumentalities, equipment, 
 and facilities as shall promote the safety, health, comfort and 
 
 2276 convenience of its patrons, employes and the public, and as shall 
 be in all respects adequate, efficient, just and reasonable. Ariz. — 
 Sess. Laws igi2, ch. go, sec. ijib); Cat. — Stats, ipii, ist. ex. 
 sess., ch. 14, sec. 13Q)). 
 
 FLORIDA See par. 243g. 
 
 GEORGIA See par. 2440. 
 
 ILLINOIS Every common carrier shall provide and fur- 
 
 nish transportation as defined at reasonable rates upon an order 
 
 2277 made by commission, upon proper application and proper showing 
 
 ^"Public utility," in California. 
 
 S8i 
 
of the necessity therefor, upon a hearing before said commission. 
 Remsal iQog, ch. 114, sec. igo. 
 
 KANSAS Every common carrier and public utility gov- 
 
 erned by the provisions of this act shall be required to furnish 
 reasonable, efficient and sufficient service, joint service and facil- 
 
 2278 ities fo the use of any and all products or services rendered, fur- 
 nished, supplied or produced by such public utility or common 
 carrier. Laws igii, ch. 2j8, sec. 10. 
 
 MARYLAND Every corporation, person, or common carrier 
 
 performing the services designated shall furnish, with respect 
 
 2279 thereto, such service and facilities as shall be safe and adequate 
 and in all respects just and reasonable. Laws igio, ch. 180, 
 sec. I J. 
 
 Every gas and every electrical, corporation shall furnish and 
 
 2280 provide such service, instnmientalities and facilities as shall be 
 reasonably safe and adequate and in all respects just and reason- 
 able. Same, sec. 31]/^. 
 
 Every telegraph or telephone company shall provide such 
 
 2281 service and facilities as shall be adequate, just and reasonable. 
 Same, sec. 40. 
 
 Commission shall require every telephone company to fur- 
 
 2282 nish its patrons reasonably good and adequate service in all re- 
 spects. Same. 
 
 MASSACHUSETTS Every street railway company shall furnish 
 reasonable accommodations for the conveyance of passengers, and 
 
 2283 for every wilftd neglect to provide such accommodations shall for- 
 feit not less than $5 nor more than $20. Acts igo6, ch. 46 j, pt. 
 Hi, sec. g6. 
 
 MICHIGAN Every common carrier is required to furnish 
 
 reasonably adequate service and facilities and shall provide and 
 
 2284 furnish transportation of passengers and property upon reason- 
 able requests therefor. Puh. Acts igog, no. joo, sec. 4(a). 
 
 All persons, firms, associations and corporations doing a 
 
 2285 telephone business are required to furnish reasonably adequate 
 service and facilities for the use of their lines by the public. Pub. 
 Acts igii, no. ijS, sec. 5. 
 
 NEBRASKA Every railroad corporation shall give to all 
 
 persons and associations reasonable and equal terms for the 
 transportation of any merchandise or other property of every 
 
 2286 kind and description, upon any railroad owned or operated by 
 
 582 
 
such corporations, and for terminal handling the use of the 
 depot and other buildings and grounds of such corporations. 
 Cobbey's Annot. Stats, igog, sec. lo^jj. 
 
 NEVADA Every railroad (and every public utility) is 
 
 2287 hereby required to furnish reasonably adequate service and facil- 
 ities. Stats, igoj, ch. 44, sec. j. Stats, igii, ch. 162, sec. 5. 
 
 NEW HAMPSHIRE The proprietors of every railroad shall fiimish 
 to all persons reasonable and equal terms, facilities, and accom- 
 modations for the transportation of persons and property over 
 
 2288 their railroad, and for the use of depots, buildings and grotmds 
 in connection with such transportation, and for the interchange 
 of such traffic at points of connection with other railroads. Pub. 
 Stats., ch. 15Q, sec. i. 
 
 Every railroad corporation and every public utility shall 
 
 2289 furnish such service and facilities as shall be reasonably safe and 
 adequate and in all respects just and reasonable. Laws igii, 
 ch. 164, sec. 4. 
 
 NEW JERSEY Commission may, after hearing, upon notice, 
 
 by order in writing, require every public utility to furnish safe, 
 
 2290 adequate and proper service and to keep and maintain its prop- 
 erty and equipment in such condition as to enable it to do so. 
 Laws iQii, ch. iQ^, sec. lyib). 
 
 No public utility shall adopt, maintain or enforce any regu- 
 lation, practice or measurement which shall be unjust, unreason- 
 able, unduly preferential, arbitrarily or unjustly discriminatory 
 
 2291 or otherwise in violation of law; nor shall any public utility pro- 
 vide or maintain any service that is unsafe, improper or inade- 
 quate or withhold or refuse any service which can reasonably be 
 demanded and furnished when ordered by commission. Same, 
 sec. i8{c). 
 
 NEW YORK Every corporation, person or common carrier 
 
 performing a service designated, shall furnish, with respect 
 
 2292 thereto, such service and facilities as shall be safe and adequate 
 and in all respects just and reasonable. Laws igio, ch. 480, 
 sec. 26. 
 
 Every gas and every electrical corporation shall furnish and 
 
 2293 provide such service, instnmientalities and facilities as shall be 
 safe and adequate and in all respects just and reasonable. Same, 
 sec. 65. 
 
 Every telegraph corporation and every telephone corpora- 
 
 583 
 
2294 tion shall furnish and provide with respect to its business such in- 
 strumentalities and facilities as shall be adequate and in all re- 
 spects just and reasonable. Same, sec. gi{i). 
 
 NORTH CAROLINA See pars. 314, 2456. 
 
 NORTH DAKOTA All persons, corporations and companies doing 
 a public telegraph business shall maintain sufficient wires and 
 equipment to give prompt service and dispatch. All messages 
 
 2295 received in any telegraph office within the state must be de- 
 livered promptly if it is within the power of a telegraph company 
 to locate the party to whom the message is addressed. Laws 
 190'/, ch. 246, sec. I. 
 
 Any person, company or corporation or any agent of the 
 same who shall violate any of the provisions of this act shall be 
 subject to a fine of not less than $100 nor more than $500 for 
 
 2296 each offense, and shall also be liable to the sender or receiver 
 of the message on which violation was made, for all damages 
 resulting from such delay and the criminal procedure is hereby 
 made applicable for collecting fines under this act. Same, sec. 4. 
 
 OHIO Each railroad shall furnish reasonably ade- 
 
 2297 quate service and facilities. Code ipio, sec. 504. 
 
 Every public utility shall furnish necessary and adequate 
 
 2298 service and facilities which shall be reasonable and just. Laws 
 1911, no. j2^, sec. 14. 
 
 Every public utility shall furnish and provide with respect 
 
 2299 to its business such instrumentalities and facilities as shall be 
 adequate and in all respects just and reasonable. Same, sec. 15. 
 
 See also pars. 1006, looy, 13^9. 
 
 OREGON Every railroad is hereby required to furnish 
 
 2300 reasonably adequate service, equipment and facilities. Gen. 
 Laws 190J, ch. 5 J, sec. 12. 
 
 2301 Every public utility is required to furnish adequate and safe 
 service, equipment and facilities. Gen. Laws 191 1, ch. 2^9, sec. 7. 
 
 RHODE ISLAND Every railroad corporation shall furnish rea- 
 sonable and proper facilities and accommodations on the line of 
 
 2302 its road, within its limits, for the transportation of passengers and 
 merchandise. Gen. Laws 1909, ch. 21 j, sec. 11. 
 
 8808 Every public utility is required to furnish safe, reasonable 
 
 and adequate service and facilities. Acts 1912, ch. 795, sec. 38. 
 
 584 
 
SOUTH CAROLINA Every railroad corporation shall furnish rea- 
 sonable accommodations for the convenience and safety of pas- 
 
 2304 sengers; and every wilfiil neglect to provide the same shall for- 
 feit not less than $5 nor more than $20, to be recovered in an 
 action against such corporation. Gen. Stats. igo2, sec. 2ij'/. 
 
 VERMONT Every company shall be required to ftimish 
 
 2305 reasonably adequate service, accommodation and facilities to 
 the public. Laws igo8, no. 116, sec. ii. 
 
 WASHINGTON Every common carrier shall construct, fur- 
 
 nish, maintain and provide safe, adequate and sufficient service 
 facilities, trackage, sidings, railroad connections, industrial and 
 commercial spurs and equipment to enable it to promptly, ex- 
 
 2306 peditiously, safely and properly receive, transport and deliver all 
 persons or property offered to or received by it for transporta- 
 tion, and to promote the safety, health, comfort and convenience 
 of its patrons, employes and the public. Laws igii, ch. iiy, 
 sec. g. 
 
 All rules and regulations issued by any common carrier 
 
 2307 affecting or pertaining to the transportation of persons or property 
 shall be just and reasonable. Same. 
 
 Every gas, electrical and water company shall furnish and 
 
 2308 supply such service, instrumentalities and facilities as shall be safe, 
 adequate and efficient, and in all respects just and reasonable. 
 Same, sec. 26. 
 
 All rules and regulations issued by any gas, electrical or 
 
 2309 water company affecting or pertaining to the sale or distribution 
 of its products, shall be just and reasonable. Same. 
 
 Every gas, electrical and water company shall construct and 
 
 2310 maintain such facilities in connection with the manufacture and 
 distribution of its product as will be efficient and safe to its em- 
 ployes and the public. Same. 
 
 The service to be rendered any person, firm or corporation 
 by any telephone or telegraph company shall be rendered and 
 performed in a prompt, expeditious and efficient manner and the 
 
 2311 facilities, instnunentalities and equipment furnished by it shall 
 be safe, kept in good condition and repair, and its appliances, in- 
 strumentalities and service shall be modem, adequate, sufficient 
 and efficient. Same, sec. jj. 
 
 Every telephone and telegraph company shall provide and 
 
 2312 maintain suitable and adequate buildings and facilities therein, 
 or connected therewith, for the accommodation, comfort, and 
 convenience of its patrons and employes. Same. 
 
 S8S 
 
Every wharfinger or warehouseman shall furnish and supply 
 such wharves, docks, buildings, service, instrumentalities and 
 facilities as shall be safe, adequate and efficient and in all re- 
 spects just and reasonable. All rules and regulations issued by 
 
 2313 any wharfinger or warehouseman affecting or pertaining to the 
 dockage, storage, handling and care of property shall be just and 
 reasonable. Every wharfinger and warehouseman shall construct 
 and maintain such facilities in connection with his warehouse, 
 wharf, dock and structure as will be efficient and safe to its em- 
 ployes and the public. Same, sec. 46. 
 
 WISCONSIN Identical with par. 2287. Laws 1905, ch. 362, 
 
 2314 sec. 1797-3. Laws 1907, ch. 499, sec. 1797111-3. 
 
 B. REQUIREMENT THAT UTILITIES SERVE 
 APPLICANTS. 
 
 UNITED STATES See par. 2273. 
 
 CONNECTICUT If any water, gas, electric, or telephone com- 
 
 pany ^ shall unreasonably fail or refuse to fiunish adequate service 
 at reasonable rates to any person within the territorial limits 
 within which such company has, by its charter, authority to fur- 
 nish such service, such person may bring his written petition to 
 commission alleging such failure or refusal. Thereupon commis- 
 sion shall fix a time^and place for a hearing upon such petition, 
 and shall mail notice thereof to the parties in interest at least one 
 week prior to such hearing. Upon said hearing commission may, 
 
 2316 if it finds that such company has unreasonably failed or refused 
 to furnish such person with adequate service at reasonable rates, 
 prescribe the service to be furnished by such company to such 
 person and the conditions imder which, and maximum rates or 
 charges at which, such service shall be furnished. Such company 
 shall thereafter furnish such service to such person in accordance 
 with the conditions so prescribed and shall not thereafter demand 
 or collect any rate or charge for such service in excess of the maxi- 
 mum rate or charge so prescribed. Puh. Acts 191 1, ch. 128, 
 sec. 24. 
 
 See also par. 2338. 
 
 LOUISIANA Commission may reqtiire and compel telegraph 
 
 and telephone companies and corporations and all persons en- 
 
 1 Section 24 of chapter 128 of Public Acts igii, requiring a telephone company to 
 furnish adequate service at reasonable rates, shall be so construed as to include telephone 
 exchange areas. Pub. Acts 1911, ch. 266, sec. i. 
 
 586 
 
gaged in doing a telegraph or telephone business to establish tele- 
 graph offices or public telephone stations along existing lines, 
 wherever the same may be reasonably necessary and convenient, 
 
 2316 for the purpose of receiving and delivering messages and conver- 
 sation to be transmitted by telegraph or telephone and may re- 
 quire and compel telegraph and telephone companies and corpor- 
 ations, and persons engaged in such business, to deliver promptly 
 all messages to be sent or transmitted by them. Stats. igo8, no. 
 igg, sec. 2. 
 
 MASSACHUSETTS Upon the petition in writing of any person who 
 has a residence or place of business in a city or town in which a 
 corporation or company is engaged in the manufacture or sale of 
 gas or electricity for light, heat or power and who is aggrieved by 
 the refusal or neglect of such corporation or company to supply 
 him w^ith gas or electricity, commission may, after notice to the 
 corporation or company to appear at a time and place therein 
 
 2317 named to show cause why the prayer of such petition should not 
 be granted, issue an order directing and requiring the corporation 
 or company engaged in the manufacture and sale of gas to supply 
 the petitioner with gas for any of said purposes, or the corpora- 
 tion or company engaged in the manufacture and sale of electric- 
 ity to supply the petitioner with electricity for any of said pur- 
 poses, upon such terms and conditions as are legal and reasonable. 
 R&o. Laws igo2, ch. 121, sec. jj.^ 
 
 A person or corporation owning, controlling or operating a 
 telephone exchange or service in this commonwealth shall, upon 
 application of an individual or corporation and the tender of the 
 charges or rental usual or customary for the class of service re-, 
 quired, without discrimination for the same class of service ren- 
 dered, fvmiish such individual or corporation with the use o:' a tele- 
 
 2318 phone and telephone service and connection with their respective 
 exchanges and the subscribers thereto, if the applicant sectues the 
 rights necessary to make the connections applied for and pays to 
 the telephone company in advance an amoimt siifficient to cover 
 the actual cost of the extension, if said extension is more than one 
 mile from any main exchange circuit of the said telephone com- 
 pany. Acts igo6, ch. 4jj, sec. ij. 
 
 See also par. 233g. 
 
 MISSISSIPPI A telegraph or telephone company shall deliver all 
 messages addressed to a person residing or having a place of busi- 
 
 ^See footnote i, par. 276. 
 
 S87 
 
ness in any city, town, or village where it may have an office, or 
 within one mile of its office; and if any telegraph or telephone 
 company shall receive any message or matter for transmission, 
 
 2319 and shall fail, neglect or refuse, without good and sufficient 
 
 eason, to transmit correctly or deliver the same within a rea- 
 sonable time to the person addressed, such person or the person 
 injured, shall be entitled to recover of the company in default the 
 sum of $25 in addition to the damages for any injury. Laws 
 igo8, ch. ^6, sec. i. 
 
 A telegraph or telephone company shall transmit all writ- 
 ten messages between points where it may have offices within 
 the state, and if the telegraph or telephone company shall 
 receive any message or matter at one of its offices in this 
 state for transmission to a person addressed at a point where 
 it has an office in the state, and shall fail, neglect or refuse, 
 
 2320 without good and sufficient reason, to transmit the same in a 
 reasonable time to the office at the place of the person addressed, 
 such person or the person injured shall be entitled to recover of 
 the company in default the sum of $15 in addition to damages for 
 any injury. But this section shall not apply to offices of telephone 
 and telegraph companies in towns of less than 1,000 inhabitants 
 where the telephone or telegraph companies do not employ and 
 control the operator. Laws igo8, ch. y8, sec. i. 
 
 // 
 NEBRASKA. All telegraph companies and associations 
 
 operating telegraph lines in this state shall transmit and for- 
 ward all dispatches directed to newspapers, or private indi- 
 
 2321 viduals, or public officers with impartiality, in the order in which 
 they are received, and use due diligence in their delivery with- 
 out discrimination as to any person or party to whorri they may 
 be directed. Cobbey^s Annot. Stats, igog, sec. iigS4- 
 
 Every officer or employe of any telegraph company or asso- 
 ciation engaged in the transmission of dispatches who shall wil- 
 fully delay the transmission or delivery of any dispatch, or 
 divulge the contents of any dispatch entrusted to his or her 
 
 2322 care, to any person except the party entitled to receive the same, 
 shall be guilty of a misdemeanor, and upon conviction shall be 
 punished by a fine of not less than $50 nor more than $100 for 
 each offense, or imprisonment of not less than 30 days nor more 
 than three months in the county jail, at the discretion of the 
 court. Same, sec. iigss. 
 
 If any telegraph company, association or organization 
 engaged in the transmission of telegraph dispatches from any 
 
 588 
 
» 
 
 place in this state, or the person having the control and man- 
 agement thereof, refuse to receive dispatches from any person, 
 • corporation, or any other telegraph company, or to transmit 
 
 2323 the same with fidelity and without unreasonable delay, it shall be 
 guilty of a misdemeanor, and upon conviction shall be fined for 
 each and every offense in the sum of not less than S50 nor more 
 than $100, and in addition be liable for damages to the person or 
 corporation sustaining a loss by reason of such refusal or failure 
 to so transmit. Same, sec. iigdo. 
 
 NEW YORK See par. 2341. 
 
 NORTH DAKOTA All messages left at the office of any telegraph 
 office or the office of any railroad station where public service is 
 maintained must be transmitted promptly, providing said mes- 
 
 2324 sage is prepaid by the sender. In no case must a message remain 
 at the telegraph office or station unsent more than 30 minutes, 
 except in case of accident to the lines, such as broken wire or dur- 
 ing severe storms. Laws iQoy, ch. 246, sec. 2. 
 
 OREGON If any agent, operator, or employe, in any tele- 
 
 graph office, shall imreasonably and wilfully refuse or neglect to 
 send any message received at such office for transmission, or shall 
 imreasonably or wilfully postpone the same out of its order, or 
 shall unreasonably and wilfully refuse or neglect to deliver any 
 message received by telegraph, the person so offending shall be 
 deemed guilty of a misdemeanor, and may be punished by a fine 
 not to exceed $500, or imprisonment not to exceed six months, or 
 by both such fine and imprisonment, in the discretion of the court; 
 
 2325 provided, that nothing herein contained shall be construed to 
 require any message to be received, transmitted, or delivered, un- 
 less the charges thereon shall have been paid or tendered, nor to 
 require the sending, receiving, or delivery of any message cotmsel- 
 ing, aiding, abetting, or encouraging treason against the govern- 
 ment of the United States or of this state, or other resistance to 
 the lawful authority, or any message calculated to further any 
 fraudulent plan or purpose, or to instigate or encourage the per- 
 petration of any unlawfiil act, or to facilitate the escape of any 
 criminal or person accused of crime.. Gen. Laws 1862, p. gig, sec. 
 II. 
 
 VERMONT A person or corporation owning, controlling or 
 
 operating a telephone exchange or service, on application of a 
 person or corporation and tender of the charges or rental stmi, 
 usual or customary for the class of service required, without 
 
 589 
 
discrimination for the same class of service rendered, shall fur- 
 nish the person or corporation so applying with the use of a tele- 
 
 2326 phone and telephonic service and connection with their respec- 
 tive changes and subscribers thereto; provided, that such person 
 or corporation secure the rights necessary to make the connections 
 applied for and pays the telephone company in advance a suffi- 
 cient sum to cover the actual cost of the extension, if such exten- 
 sion is beyond one mile from a main exchange circuit of such tele- 
 phone company. Puh. Stats. igo6, sec. 48^2. 
 
 VIRGINIA See par. 2343. 
 
 WASHINGTON Every gas, electrical or water company en- 
 
 gaged in the sale and distribution of gas, electricity or water, shall, 
 upon reasonable notice, furnish to all persons and corporations 
 
 2327 who may apply therefor and be reasonably entitled thereto, suit- 
 able facilities for furnishing and furnish all available gas, elec- 
 tricity and water as demanded. Laws 1911, ch. iiy, sec. 33. 
 
 Every telephone company shall, upon reasonable notice, 
 furnish to all persons and corporations who may apply therefor 
 
 2328 and be reasonably entitled thereto suitable and proper facilities 
 and connections for telephonic commimication and furnish tele- 
 phone service as demanded. Same, sec. 35. 
 
 Statutes in a number of states declare the duty of jpublic utilities of various kinds 
 to serve persons who apply for service of the kind which is professed. 
 
 Railroads and other common carriers: MICHIGAN — Comp. Laws 1897, sec. 6235; 
 MISSOURI— Rev. Siats. 1909, sec. 3107; WASHINGTON— Laws 1911, ch. 117, sec. 10. 
 
 Terminal Companies: NEW YORK — Laws 1911, ch. 778, sec. 135. 
 
 2329 Wharfingers and Warehousemen: WASHINGTON— Laws 1911, ch. J17, sec. 32. 
 Express Companies: ILINOIS — Revisal 1909, ch. 114, sec. 373; IOWA — Code i897> 
 
 sec. 2165(f); MISSOURI— Rev. Stats. 1909. sec. 3288c; SOUTH DAKOTA— Sess. Laws 
 1909, ch. 159, sees. 2, 7. 
 
 Pipe Line Companies: KANSAS— Gen. Slats. 1909, sees. 3062. 3965; NEW YORK— 
 Laws 1909, ch. 219, sec. 30; OKLAHOMA — Const., art. 9, sec. 4. 
 
 C. PAYMENT OF PRICE AS IT AFFECTS DUTY 
 
 TO SERVE. 
 
 ARIZONA See par. 2382. 
 
 CALIFORNIA See par. 2385. 
 
 CONNECTICUT See par. 2338. 
 
 ILLINOIS The payment of charges of express companiiss 
 
 or carriers by express may be demanded and received in advance 
 
 2330 of such forwarding or transportation, not in excess of the rates of 
 charges shown in the tariffs or schedules and classification pro- 
 vided for in this act. Revisal 1909, ch. 114, sec. 373. 
 
 590 
 
MASSACHUSETTS A gas or electric light company may stop gas 
 or electricity from entering the premises of any person who re- 
 fuses to pay the amount due therefor or for the use of the meter 
 or any other article hired by him from such company; and, for 
 such purpose, the officers, servants or workmen thereof may, 
 
 2331 after 24 hoiu^' notice, enter his premises between the hours of 
 eight in the forenoon and four in the afternoon and separate and 
 take away such meter or other property of the company, and 
 may disconnect any meter, pipe, wires, fittings or other works, 
 whether they are the property of the company or not, from the 
 mains, pipes or wires of the company. Rev. Laws 1Q02, ch. 58, 
 sec. 16. 
 
 A gas or electric light company shall not refuse to supply gas 
 or electricity for any building or premises to a person applying 
 
 2332 therefor who is not in arrears to it for any gas or electricity pre- 
 viously supplied to him because a bill for gas or electricity re- 
 mains unpaid by a previous occupant of such building or premises. 
 Same, sec. ly. 
 
 A corporation which, being engaged in selling or distributing 
 water, refuses or neglects to furnish or supply water to or for 
 any building or premises for the reason that a water bill remains 
 impaid by a previous owner or occupant of said building or 
 
 2333 premises shall, unless the person applying for water is in arrears 
 to such corporation for water previously fiunished to or for said 
 building or premises, or to or for any other building or premises, 
 be punished by a fine of not less than $10 nor more than 
 $20. Ads i8g8, ch. 168, sec. 10. 
 
 See also pars. 2318, 2jjq. 
 
 NEW YORK Upon the application, in writing, of the owner 
 
 or occupant of any building or premises within 100 feet of any 
 main laid down by any gas light corporation, or the wires of any 
 electric light corporation, and payment by him of all money due 
 from him to the corporation, the corporation shall supply gas or 
 electric light as may be required for lighting such building or 
 premises, notwithstanding there be rent or compensation in ar- 
 rears for gas or electric light supplied, or for meter, wire, pipe or 
 fittings, furnished to a former occupant thereof, imless such 
 owner or occupant shall have imdertaken or agreed with the 
 former occupant to pay or to exonerate him from the payment of 
 such arrears, and shall refuse or neglect to pay the same ; and if 
 for the space of ten days after such application, and the deposit 
 
 2334 of a reasonable simi as provided in the next section, if required, 
 
 591 
 
the corporation shall refuse or neglect to supply gas or electric 
 light as required, such corporation shall forfeit and pay to the 
 applicant the sum of $io and the fiirther sum of $5 for 
 every day thereafter during which such refusal or neglect shall 
 continue ; provided, that no such corporation shall be required to 
 lay service pipes or wires for the purpose of supplying gas or 
 electric light to any applicant where the grotmd in which such 
 pipe or wire is required to be laid shall be frozen, or shall other- 
 wise present serious obstacles to laying the same; nor unless the 
 applicant, if required, shall deposit in advance with the corpora- 
 tion a sum of money siifficient to pay the cost of his portion of the 
 pipe or wire required to be laid, and the expense of laying such 
 portion. Laws igog, ch. 21Q, sec. 62. 
 
 Every gas light and electric light corporation may require 
 every person to whom such corporation shall supply gas or elec- 
 tric light for lighting any building, room or premises, to deposit 
 with such corporation a reasonable sum of money according to 
 the ntimber and size of lights used or required, or proposed to 
 be used, for two calendar months, by such person, and the quan- 
 2335 tity of gas and electric light necessary to supply the same, as se- 
 curity for the payment of the gas and electric light rent or com- 
 pensation for gas consumed, or rent of pipe or wire and fixtures, 
 to become due to the corporation, but every corporation shall 
 allow and pay to every such depositor legal interest on the sum 
 deposited for the time his deposit shall remain with the corpora- 
 tion. Same, sec. 63. 
 
 See also par. 2341. 
 
 NORTH DAKOTA See par. 2324. 
 
 OREGON See par. 2325. 
 
 VERMONT See par. 2326. 
 
 VIRGINIA See par. 2343. 
 
 D. TELEPHONE COMPANIES REQUIRED TO 
 SERVE TELEGRAPH COMPANIES. 
 
 CONNECTICUT, MASSACHUSETTS 
 
 Every person or corporation owning, control- 
 ling or operating a telephone exchange or service, shall, on appli- 
 cation of any telegraph company, furnish such company with the 
 2336 use of a telephone or telephones, and telephone service, and con- 
 nection with their respective exchanges and the subscribers 
 
 592 
 
thereto, without discrimination between telegraph companies as 
 to such connections, service, or use of instnmients furnished, or 
 charges therefor, for the same class of service. Conn. — Gen. 
 Stats. igo2, sec. 3915; Mass. — Rev. Laws igo2, ch. 122, sec. 12. 
 
 E. TELEPHONE AND TELEGRAPH COMPANIES 
 REQUIRED TO SERVE CONNECTING UTILI- 
 TIES OF THE SAME KIND.^ 
 
 ARIZONA, CALIFORNIA 
 
 Every telephone and every telegraph corpora- 
 tion operating in this state, shall receive, transmit and deliver, 
 without delay or discrimination, the conversations and messages 
 
 2337 of every other telephone or telegraph corporation with whose line 
 a physical connection may have been made. Ariz. — Sess. Laws 
 1Q12, ch. gOy sec. 22(b); Cat. — Stats, igii, ist. ex. sess., ch. 14, 
 sec. 22(b). 
 
 CONNECTICUT Telegraph or telephone companies shall re- 
 
 ceive dispatches for any person, and for other telegraph or tele- 
 phone lines, and shall transmit them in the order in which they 
 are received, on payment of their usual charges, under the penalty 
 
 2338 of $100 for every neglect so to do, to be recovered with costs by 
 the party aggrieved; but arrangements may be made with pub- 
 lishers of newspapers for the transmission of news out of its gen- 
 eral order; and all communications for officers of justice shall 
 take precedence of all other dispatches. Gen. Stats. igo2, sec. 
 3gi2. 
 
 MASSACHUSETTS A telegraph company shall receive despatches 
 from and for other telegraph companies and associations, and 
 from and for any person; and, upon payment of the usual charges 
 
 2339 for transmitting dispatches according to the regulations of the 
 company, shall transmit them faithfully and impartially. Rev. 
 Laws igo2, ch. 122, sec. g. 
 
 See also par. 1754. 
 
 NEBRASKA See par. 2323. 
 
 NEW MEXICO All telephone and telegraph lines operated for 
 
 2340 hire shall receive and transmit each other's messages without 
 delay or discrimination. Const., art. xi., sec. 16. 
 
 iSee also pars. 1185-1204. 
 
 593 
 
NEW YORK Every telegraph or telephone corporation shall 
 
 receive dispatches from and for other telegraph or telephone lines 
 or corporations, and from and for any individual, and on pay- 
 ment of the usual charges by individuals for transmitting dis- 
 patches as established by the rules and regulations of such cor- 
 poration, transmit the same with impartiality and good faith and 
 
 2341 in the order in which they are received, and if it neglects or re- 
 fuses so to do, it shall pay $ioo for every such refusal or neglect to 
 the person or persons sending or desiring to send any such dis- 
 patch and entitled to have the same so transmitted, but arrange- 
 ments may be made with the proprietors or publishers of news- 
 papers for the transmission for publication of intelligence of 
 general and public interest out of its regular order. Laws igog, 
 ch. 2IQ, sec. loj. 
 
 OKLAHOMA All telephone and telegraph lines, operated for 
 
 hire shall each, respectively, receive and transmit each other's 
 
 2342 messages without delay or discrimination. Const., art ix., 
 sec. 5. 
 
 VIRGINIA It shall be the duty of every telephone com- 
 
 pany doing the business of transmitting and receiving messages 
 for compensation in this state to receive dispatches and mes- 
 sages from and for other telephone or telegraph companies or 
 lines doing the business of receiving and transmitting messages 
 for compensation, and from and for any person; and upon the 
 payment of the established charges therefor, if demanded, to 
 transmit the same faithfully and impartially, and as promptly 
 as practicable, and in the order of delivery to the said company. 
 For every failure to transmit a dispatch or message faithfully 
 and impartially, and for every failure to transmit a dispatch or 
 
 2343 message as promptly as practicable, or in the order of its de- 
 livery to the company, the company shall forfeit the sum of 
 $100 to the person sending or wishing to send such dispatch or 
 message; provided, however, not more than one recovery shall 
 be had on one dispatch or message, and the recovery by one 
 party entitled thereto shall be a bar to the recovery x>f the other 
 
 . party. But nothing herein shall prevent any such company 
 from giving preference to dispatches or messages on official busi- 
 ness from or to officers of the United States or the state of Vir- 
 ginia, or from making arrangements with proprietors or pub- 
 lishers of newspapers for the transmission to them for publica- 
 tion of intelligence of general and public interest out of its 
 regular order. Pollard's Code 1904, sec. I2g4h. 
 
 594 
 
^ 
 
 WASHINGTON Every telephone or telegraph company oper- 
 
 ating in this state shall receive, transmit and deliver, without dis- 
 
 2344 crimination or delay, the messages of any other telephone or tele- 
 graph company. Laws igii, ch. iiy, sec. 45. 
 
 F. RAILROAD, EXPRESS AND TELEGRAPH 
 COMPANIES REQUIRED TO HAVE TELE- 
 PHONE FACILITIES. 
 
 KANSAS Every railway company, express company and 
 
 telegraph company shall furnish reasonably adequate telephone 
 
 2345 connections between its offices, buildings and grounds, and the 
 public telephone exchanges operated in the towns where the same 
 are located. Laws igii, ch. ij6, sec. i. 
 
 Commission may require and compel the furnishing of such 
 service. Upon complaint to commission that any telephonic serv- 
 ice with any railroad, telegraph or express company's, buildings, 
 offices or grounds is inadequate or in any respect unreasonably or 
 unjustly discriminatory or that such service cannot be had, com- 
 
 2346 mission shall investigate the same, and if upon investigation com- 
 mission shall find that any telephonic service is inadequate or 
 unreasonably or unjustly discriminatory or that such service 
 cannot be had, it shall determine and by order fix a reasonable 
 regulation, practice or service to be installed, imposed, observed 
 and operated in the future. Same, sec. 2. 
 
 Any common carrier which shall fail to comply with the order 
 of commission in respect thereto shall be deemed guilty of a mis- 
 
 2347 demeanor and upon conviction in any court having jiirisdiction 
 thereof shall be fined for each offense a stim not less than $100 nor 
 more than $500 within the discretion of the court. Same, sec. j. 
 
 NEBRASKA Provisions identical with pars. 2345, 2346. 
 
 2348 Cobbey's Annot. Stats, igog, sees. 10665 ^ 5> io66j x 6. 
 
 Any common carrier which shall fail to comply with the order 
 of commission in respect thereto shall be deemed guilty of a misde- 
 meanor, and upon conviction in any court having jurisdiction 
 
 2349 thereof, shall be fined for each offense a sirni not less than $100 
 nor more than $500 or be imprisoned in the coimty jail not less 
 than ten days nor more than 30 days or both within the discretion 
 of the court. Same, sec. 10665 ^ 7- 
 
 NORTH DAKOTA Every railroad corporation or common carrier 
 shall provide, furnish and maintain in all of their freight and ticket 
 
 595 
 
2350 offices in all towns, cities and villages in this state, where there is a 
 local telephone exchange and where such service is available, 
 reasonable and adequate telephone connections for the use and 
 benefit of its patrons. Laws igii, ch. 252, sec. i. 
 
 Any railroad corporation or common carrier violating the 
 provisions of this act shall be fined not less than $100 nor more 
 
 2351 than $200 for each offense, and it shall be the duty of the state's 
 attorney upon orders from commission or upon complaint of 
 any citizen, to commence and prosecute all actions necessary 
 for the enforcement of this act. Same, sec. 2. 
 
 VERMONT Every railroad corporation shall grant to every 
 
 person, firm, joint stock company or corporation operating a pub- 
 lic telephone line in the state and having at least 500 telephone 
 connections, equal and reasonable terms, arrangements and facili- 
 ties for the installation of telephone instruments on the lines, or 
 connected with the telephone system of such person, firm, joint 
 
 2352 stock company or corporation, in all depots, station houses or 
 offices of such railroad corporation in the state. A railroad cor- 
 poration that violates the provisions of this section shall be fined 
 not more than $1,000 and shall be further liable in an action on 
 this statute for damages to the party injured thereby; but the 
 provisions of this section shall not apply to street railways. 
 Puh. Stats. 1Q06, sec. 448 g. 
 
 VIRGINIA Every railroad company having a ticket office 
 
 or freight office in any city or town where there are, at the time, 
 one or more public telephone exchanges, or at any place where 
 
 2363 telephone connection may be had, on reasonably moderate terms, 
 with one or more telephone exchanges not more than 25 miles dis- 
 tant from such place, shall constantly maintain in each of such 
 offices, direct telephone connection with each of such exchanges. 
 Laws igo6, ch. 2g8, sec. i. 
 
 Nothing herein contained shall be construed to require such 
 railroad company to build a telephone line, it being intended to 
 require such company to put telephones in its offices where it can 
 
 2354 obtain them as they may be obtained for other business offices in 
 the same vicinity; such railroad company shall cause to be 
 promptly answered all calls made over such telephone connection 
 during business hours. Same. 
 
 Through such telephone connection, such railroad company 
 shall cause prompt and correct replies to be made to all reason- 
 
 2355 able and proper inquiries received over such connection during 
 
 596 
 
I 
 
 business hoiirs, concerning the passenger or freight service of such 
 road. Same. 
 
 WISCONSIN Every railroad company shall furnish reason- 
 
 2356 ably adequate telephonic connection with its offices, buildings and 
 grounds. Laws igoy, ch. 614, sec. lygyg-i. 
 
 Upon complaint to commission that any telephonic service 
 with any railroad is inadequate or in any respect unreasonably or 
 unjustly discriminatory or that such service cannot be had com- 
 mission shall investigate the same and if upon investigation com- 
 2367 mission shall find that any telephonic service is inadequate or 
 unreasonably or unjustly discriminatory or that such service 
 cannot be had it shall determine and by order fix a reasonable 
 regulation, practice or service to be installed, imposed, observed 
 and followed in the future. Same, sec. iygyg-2. 
 
 All orders made by commission under the provisions of this 
 
 2358 act shall have the same force and effect and an action may be 
 commenced to vacate and set aside the same, as provided in 
 chapter 362, laws of 1905. Same, sec. 17 97 g- 3. 
 
 G. JOINT USE OF PLANT, EQUIPMENT AND 
 
 FACILITIES. 
 
 ARIZONA, CALIFORNIA 
 
 Whenever commission, after a hearing had upon 
 its own motion or upon complaint of a public service corporation^ 
 affected, shall find that public convenience and necessity require 
 the use by one public service corporation^ of the conduits, sub- 
 ways, tracks, wires, poles, pipes or other equipment, or any 
 part thereof, on, over, or under any street or highway, and belong- 
 ing to another public service corporation, ^ and that such use will 
 not resiilt in irreparable injury to the owner or other users of such 
 condmts, subways, tracks, wires, poles, pipes or other equipment 
 or in any substantial detriment to the service, and that such pub- 
 
 2359 lie service corporations^ have failed to agree upon such use or the 
 terms and conditions or compensation for the same, commission 
 may by order direct that such use be permitted, and prescribe a 
 reasonable compensation and reasonable terms and conditions for 
 the joint use. If such use be directed, the public service corpora- 
 tion^ to whom the use is permitted shall be liable to the owner or 
 other users of such conduits, subways, tracks, wires, poles, pipes, 
 or other eqtiipment for such damage as may result therefrom to 
 
 1 "Public utility," in California. 
 
 597 
 
the property of such owner or other users thereof. Ariz. — Sess. 
 Laws, igi2, ch. go, sec. 41; Col. — Stats, igii, ist. ex. sess., ch. 
 14, sec. 41. 
 
 CONNECTICUT ^ When two or more street railway companies 
 are operating in the same city or town, upon appHcation of any 
 one of such companies the superior court or any judge thereof 
 may, in its or his discretion, whenever pubHc convenience and 
 necessity require, authorise such company to run its cars over the 
 tracks of any other of such companies for a distance not exceeding 
 one-half mile; and in case the only approach to any city or town 
 upon a particular side is by means of a bridge or causeway, or 
 both, for a greater distance than one-half mile, such court or 
 judge may authorize any suburban railway company whose railway 
 
 2360 approaches such city or town upon such side, to use the tracks of 
 any other company crossing each bridge or causeway, or both, 
 from the place where such railways meet to some central point in 
 such city or town, upon such terms as to manner of use, and upon 
 the payment of such compensation, as such court or judge 
 may deem just ; and such a court or judge may change or revoke 
 such authorization upon the application of either company. No 
 such company shall be allowed to use the tracks of another com- 
 pany unless the length of track actually owned and operated by 
 the first company exceeds the length of track to be so used. Gen. 
 Stats. igo2, sec. 38^3. 
 
 IOWA All persons, firms or corporations now or here- 
 
 after owning or operating electric street railways in any city (in- 
 cluding cities organized under special charter) or town, are 
 hereby authorized and required to permit the use for interurban 
 business only but not for local street railway business, of such of 
 their terminals, tracks, poles and wires as are located in the 
 streets, alleys and public places of said cities and towns, and such 
 portions of their tracks, poles and wires as may cross property 
 owned by said street railway companies in such cities and towns, 
 by the passenger and combination baggage cars of interurban 
 railway companies, for the transportation of passengers, mail, 
 express and baggage; and said street railways shall fiimish to said 
 
 1 Commission shall have power, after notice to the corporations interested and public 
 hearing, to require any public service corporation or corporations maintaining a line or 
 lines of poles and wires in this state to change the location of such poles and wires in the 
 public highways whenever public convenience or necessity requires such change and, in 
 case two or more corporations are using or maintaining lines of poles or wires in the same 
 street, to require the wires of such corporations to be strung upon one or more lines of poles 
 to be owned and maintained by the corporations using the same as said commission shall 
 determine. Pub. Ads iQii, ch. 230, sec. i. 
 
 Any corporation failing to comply with any such order shall be liable to the penalties 
 provided in sec. 35 of chapter 128 of the public acts of 191 1. Same. 
 
interurban railways, electric power for the operation of their cars 
 and the transaction of their said business in said cities and 
 towns, as to said tracks so furnished; but said street railways 
 shall not be required to furnish electric power except during such 
 hoiirs as their street railway cars may be in operation; nor shall 
 ■ 1361 they be required to flu'nish such power where they have not power 
 houses and machinery sufficient therefor; and they shall have the 
 preference in the use of their own tracks and power so that their 
 own cars shall not be delayed in transit; nor shall they be re- 
 quired to furnish car houses or car bams or access thereto. Said 
 interurban railways shall pay a reasonable compensation for the 
 privileges and power that may be furnished them as above men- 
 tioned under this act. If an agreement for the use of the facili- 
 ties so furnished and the compensation for the same cannot be 
 made between the interested parties, the question as to the 
 amount of such compensation and the conditions under which 
 said facilities shall be furnished, used and operated, shall be heard 
 and determined by the commission on petition to the said com- 
 mission by either party to the controversy, ten days' notice in 
 writing of such petition being served upon the opposite party; 
 and any order entered by said commission, or court upon appeal, 
 shall be subject to modification or review from time to time, upon 
 notice being given as herein provided. Code i8q^, sec. 2110c. 
 
 Each party to the proceeding shall have the right to appeal 
 to the district court of the county where the street railway in 
 question is located from any order made by commission under 
 this act, which appeal shall be taken 20 days from the date of 
 the order appealed from, and shall be perfected by serving a 
 notice of appeal upon the other parties to such proceeding and 
 filing the same with the secretary of commission, and by filing 
 within 20 days from the date of such order, a petition in the said 
 district coiu-t, stating the facts and asking the court to determine 
 the matter in controversy. Commission, shall, when such notice 
 of appeal is filed with the secretary, forthwith certify to said 
 district court a transcript of the papers and proceedings before 
 commission, and its order thereon. The court, or a judge thereof, 
 if the petition is filed in vacation, shall thereupon appoint a 
 • commissioner to examine into the necessity of such proceeding, 
 and report the facts and his recommendation in such time as 
 the court or judge may direct, and as soon as possible thereafter 
 the court or judge shall appoint a time and place for the hearing 
 2362 of such petition. The proceeding shall be in equity and subject 
 
 599 
 
to all the rules of equity practice, except that the court shall 
 require the issues to be made up at the first term after petition 
 is filed and give the proceedings precedence over other civil 
 business and try the same thereat if possible. The action shall 
 be triable de nova upon said appeal, except that the question 
 for compensation for the tracks, tolls, wires, terminals and power 
 to be furnished shall first be tried to a jury in the same manner 
 and with the same effect as jury trials in ordinary proceedings, 
 and the jury shall assess, separately, compensation for power to 
 be furnished, on such bases as the court shall direct. No such 
 appeal shall suspend the order appealed from if the interurban 
 railway company on whose behalf said order is made shall file 
 such bonds for the payment of damages in courts as the district 
 court to which such appeal is taken, or a judge thereof, may 
 order and require. In all cases payment of the compensation 
 awarded shall be made or secured to be made as commission or 
 court may order and require before the interurban company 
 desiring the use of the same shall be entitled thereto. Same^ 
 sec. 2iiod, 
 
 KANSAS See par. 2278. 
 
 MAINE Whenever any railroad passenger station shall 
 
 be erected or maintained in any city or town in this state, any 
 railroad corporation having or using a track or passenger station 
 within such city or town shall have the right to run its passenger 
 trains to and from such station, over any railroad track or tracks 
 leading thereto as herein provided, and to use the same for the 
 purpose of delivering and receiving through passengers, under 
 such reasonable terms and regulations, and over such tracks as 
 
 2363 may be agreed upon by the owner of such station, the railroad 
 whose tracks are used in running to and from the same, and the 
 railroad corporation so desiring its use for said purpose, and in 
 case of disagreement, upon petition, notice and hearing thereon, 
 the railroad commissioners shall fix and determine such terms, 
 tracks and regulations. No corporation which shall deny, in any 
 proceedings, the authority of commission to proceed and make 
 the determination as herein provided, or which shall refuse to 
 abide by its decision rendered therein, shall avail itself of the 
 provisions of this section. Rev. Stats. iQoj, ch. 51, sec. 60. 
 
 No corporation or person shall be permitted to construct or 
 maintain any railroad for similar purposes over the street, roads 
 or ways that may be lawfiilly occupied by a street railroad in 
 
 600 
 
I 
 
 any city or town, but any person or corporation lawfully operating 
 
 2364 any street railroad to any point to which the tracks of any other 
 street railroad extend, may enter upon, connect with and use the 
 same, on such terms and in such manner as may be agreed upon 
 between the parties, or if they shall not agree, to be determined 
 by commission upon application, notice and hearing therefor. 
 Rev. Stats. 1903, ch. 55, sec. 21. 
 
 MASSACHUSETTS If one railroad corporation occupies or uses, or 
 has a right to occupy, enter upon and use, a station, railroad or 
 grounds of an other, or any portion thereof, railroad commission 
 upon petition of either party, and after notice to the other and a 
 hearing shall determine the compensation to be paid for such 
 occupancy and use. Its award shall be binding upon the parties 
 
 2365 thereto for five years and thereafter until it is revised or altered by 
 said commission and upon the request in writing of a party affected 
 thereby, filed within 30 days after the rendering thereof, the 
 award shall be filed in the supreme judicial court which shall have 
 jurisdiction to revise the same as if the award had been made by 
 a commission appointed by said court. Acts 1906, ch. 463, pt. 
 it, sec. 140. 
 
 If a railroad constructed after April 8, 1872, meets another 
 railroad which passes through the same city or town, the cor- 
 poration by which either of said railroads is owned may, with 
 the written consent of railroad commission and upon such 
 terms as said commission upon hearing prescribes, enter its 
 railroad upon, imite the same with and use the railroad of the 
 other; and if a railroad corporation whose railroad was con- 
 
 2366 structed prior to said day is specially authorized to enter its 
 railroad upon, unite the same with and use the railroad of an- 
 other corporation, each of such corporations may enter upon, 
 unite its railroad with and use the railroad of the other; but no 
 locomotive engine or other motive power which is not owned and 
 controlled by the corporation owning or lawfully operating the 
 railroad shall be allowed to nm upon a railroad except with the 
 consent of such corporation. Same, sec. 205. 
 
 A street railway company^ may permit another street railway 
 company to operate cars over its tracks to such extent and under 
 
 2367 such rules and regulations as railroad commission shall determine 
 to be consistent with public safety. Acts igod, ch. 463, pt. in, 
 sec. 36. 
 
 1 In the two preceding sections the word " company " or " companies " shall include 
 every person, partnership, association, corporation and municipality engaged in the sale 
 of incandescent electric Ught or electricity for incandescent lighting. Rev. Laws 1902, ch. 
 121, sec. 38. 
 
 601 
 
Railroad commission may, upon the petition of a street rail- 
 way company or of any interested party, after notice and a public 
 hearing, determine the reasonable conditions which shall govern 
 the interchange of traffic and cars between street railway com- 
 panies, and may, wherever it is reasonable and consistent with 
 the public interest, order a street railway company to receive 
 and convey over its tracks the cars of another such company at 
 such times and over such routes and upon such terms, including 
 reasonable compensation, as commission may prescribe: pro- 
 vided, however, that a street railway company shall have con- 
 
 2368 trol of and responsibility for the management and operation of 
 all cars while upon its railway as fully as if it owned them. 
 Said commission may also recommend such joint rates, fares and 
 charges, as are consistent with the provisions of any special 
 charter of any street railway company, specifying at the same 
 time and in every instance the part of the joint rate, fare or charge 
 to which each street railway company affected thereby shall be 
 entitled, and may make such other recommendations as seem ap- 
 propriate to the circtimstances of each particular case. The su- 
 preme judicial court or the superior court shall have jurisdiction 
 in equity to enforce any orders made by said commission under 
 the provisions of this act. Acts igii, ch. 487, sec. i. 
 
 MICHIGAN Hereafter it shall be unlawfiil without the 
 
 specific permission of commission for any two or more express 
 companies, doing business in this state, to maintain in any city or 
 village a joint office or to employ the same person to act as joiat 
 
 2369 agent for the said companies; provided, that the provisions of 
 this section shall not apply to offices maintained at railroad 
 stations or junction points for the receipt and forwarding of ex- 
 press matter. Puh. Acts 1911, no. 27J, sec. j. 
 
 NEW HAMPSHIRE No railroad corporation shall be required to 
 
 2370 allow the use of any motive power other than its own, upon its 
 railroad. Pub. Stats, ch. i^y, sec. 11. 
 
 OHIO Every public utility having any equipment on, 
 
 over or imder any street, or highway, shall, subject to the pro- 
 visions of section 9103 of the general code, for a reasonable com- 
 pensation permit the use of the same by any other public utility' 
 
 2871 whenever commission shall determine as provided in section 32 
 hereof that public convenience, welfare and necessity require 
 such use, or joint use, and such use or joint use will not result in ; 
 irreparable injury to the owner or other users of such equipment, 
 
 602 
 
nor in any substantial detriment to the service to be rendered by 
 such owners or other users. Laws 1911, no. J25, sec. 31. 
 
 In case of failure to agree upon such use or joint use or the 
 conditions or compensation for such use or joint use, any public 
 utility may apply to commission, and if after investigation com- 
 mission shall ascertain that the public convenience, welfare 
 and necessity require such use or joint use and that it would not 
 
 2372 result in irreparable injury to the owner or other users of such 
 property or equipment, nor in any substantial detriment to the 
 service to be rendered by such owner or other users of such 
 property or equipment, said commission shall by order direct 
 that such use or joint use be permitted and prescribe reasonable 
 conditions and compensations for such joint use. Same, sec. j2. 
 
 Such use or joint use so ordered shall be permitted and such 
 conditions and compensations so prescribed shall be the lawful 
 conditions and compensation to be observed, followed and paid, 
 
 2373 subject to recourse to the courts by any interested party as pro- 
 vided in this act. Any such order made by commission may be 
 revoked or from time to time revised by commission. Same, 
 sec. 33. 
 
 OREGON Every public utility, and every person, asso- 
 
 ciation or corporation having conduits, subways, street railway 
 tracks, poles or other equipment on, over or under any street or 
 highway shall for a reasonable compensation permit the use of 
 
 2374 the same by any public utility whenever public convenience or 
 necessity require such use and such use will not restdt in irrep- 
 arable injury to the owner or other users of such equipment nor 
 in any substantial detriment to the service to be rendered by such 
 owners or other users. Gen. Laws igii, ch. 2yg, sec. 8. 
 
 In case of failure to agree upon such use or the conditions or 
 compensation for such use any public utility or any person, as- 
 sociation or corporation interested may apply to commission, and 
 if after investigation commission shall ascertain that public con- 
 
 2375 venience or necessity require such use and that it would not re- 
 sult in irreparable injury to the owner or other users of such 
 equipment, it shaU by order direct that such use be permitted and 
 prescribe reasonable conditions and compensation for such joint 
 use. Same. 
 
 Such use so ordered shall be permitted and such conditions 
 and compensation so prescribed shall be the lawful conditions 
 and compensation to be observed, followed and paid, subject to 
 recourse to the coiuts upon the complaint of any interested party 
 
 603 
 
as provided in sections 54, 55, 56, 57 and 58 hereof, inclusive, and 
 such sections so far as appHcable shall apply to any such suit arising 
 
 2376 on such complaint so made. Any such order of commission may 
 be from time to time revised by commission upon application of 
 any interested party or upon its own motion. All public 
 utilities shall afford all reasonable facilities and make all neces- 
 sary regulations for the interchange of business, or traffic car- 
 ried or their product between them, when ordered by commission 
 so to do. Same. 
 
 WASHINGTON Whenever any order of commission shall re- 
 
 quire joint action by two or more public service companies, such 
 order shall specify that the same shall be made at their joint cost, 
 and the companies affected shall have 30 days, or such further 
 time as commission may prescribe, within which to agree upon 
 the part or division of cost which each shall bear, and costs of 
 operation and maintenance in the future, or the proportion of 
 charges or revenue each shall receive from such joint service and 
 the rules to govern futture operations. If at the expiration of 
 
 2377 such time such companies shall fail to file with commission a state- 
 ment that an agreement has been made for the division or ap- 
 portionment of such cost, the division of costs of operation and 
 maintenance to be incvmred in the future and the proportion of 
 charges or revenue each shall receive from such joint service and 
 the rules to govern futiu-e operations, commission shall have 
 authority, after further hearing, to enter a supplemental order 
 fixing the proportion of such cost or expense to be borne by each 
 company, and the manner in which the same shall be paid and se- 
 cured. Laws igii, ch. iiy, sec. 8j. 
 
 WISCONSIN A provision identical with par. 2374, except 
 
 2378 that "street railway tracks" is omitted. Laws igoj, ch. 4gg, 
 sec. iygym-4{i), as amended by Laws igii, ch. 546. 
 
 In case of failure to agree upon such use or the conditions or 
 compensation for such use, any public utility or person, asso- 
 ciation or corporation interested may apply to commission and 
 if after investigation commission shall ascertain that public con- 
 venience and necessity require such use and that such use would 
 
 2379 not result in irreparable injury to the owner or other users of such 
 equipment nor in any substantial detriment to the service to be 
 rendered by such owner or other users of such equipment it shall 
 by order direct that such use be permitted and prescribe reason- 
 able conditions and compensation for such joint use. Same, 
 sec. iyg^m-4{2), as amended by Laws igii, ch. 546. 
 
 604 
 
Such use so ordered shall be permitted and such conditions 
 and compensations so prescribed for such use shall be the lawful 
 conditions and compensations for such use to be observed, fol- 
 lowed and paid subject to recourse to the coiu*ts upon the com- 
 plaiat of any interested party as provided in sections i797m-64 
 
 2380 to i797m-73, inclusive, and such sections so far as applicable 
 shall apply to any action arising on such complaint so made. 
 Any such order of commission may be from time to time revised 
 by commission upon application of any interested party or upon 
 its own motion. Same, sec. i;^gym-4{j), as amended by Laws 
 igii, ch. 546. 
 
 H. RULES, REGULATIONS, PRACTICES, METH- 
 ODS AND APPLIANCES. 
 
 ARIZONA Whenever commission, after a hearing had 
 
 upon its own motion or upon complaint shall find that the rules, 
 regulations, practices, equipment, appliances, facilities or serv- 
 ice of any public service corporation, or the methods of manu- 
 facture, distribution, transmission, storage or supply employed 
 
 2381 by it, are imjust, unreasonable, unsafe, improper, inadequate or 
 insufficient, commission shall determine the just, reasonable, 
 safe, proper, adequate or sufficient rules, regulations, practices, 
 equipment, appliances, facilities, service or methods to be ob- 
 served, fiunished, constructed, enforced or employed and shall 
 fix the same by its order, rule or regtdation. Sess. Laws 1912^ 
 ch. go, sec. ^5. 
 
 Commission shall prescribe rules and regulations for the per- 
 formance of any service or the furnishing of any commodity of 
 the character furnished or supplied by any public service corpor- 
 
 2382 ation, and upon proper demand and tender of rates, such public 
 service corporation shall furnish such commodity or render such 
 service within the time and upon the conditions provided in such 
 rules. Same. 
 
 See also par. 2465. 
 
 ARKANSAS Commission shall make such rules and regu- 
 
 lations to be observed by all persons or corporations operating 
 any railroad or engaged in transporting property as express or 
 
 2383 freight in respect to the receiving, hauling, transporting, stor- 
 ing and delivering of freight and express as in its judgment the 
 public convenience may require. Acts igoy, no. 422 y sec. j. 
 
 As to all freight carried wholly within the state and the cars 
 
 60s 
 
used therefor commission may make and establish all needful 
 rules and regulations, general and special, which may be different 
 according to the circumstances and conditions to different rail- 
 roads and localities and for different kinds and classes of freight 
 and cars, providing for time, place and manner of demanding 
 cars for or giving notice of shipment of such freight, and the time, 
 place and manner and order in which same shall be furnished to 
 shippers for the purpose of shipping freight between points in the 
 state ; and may prescribe rules and regulations for the furnishing, 
 exchanging and interchanging of cars, loaded and empty, by 
 railroad companies as between each other; the time, place, terms 
 and conditions upon which such cars shall be furnished and such 
 interchange shall be made, and in the absence of an agreement of 
 such railroad companies, the reasonable compensation to be paid 
 by each railroad company for the use, loss, injury or destruction 
 of the cars of another railroad company in the transportation of 
 2384 such freight; and the time within which, and the manner by 
 which railroad companies shall give notice or make demand upon 
 each other for cars to be furnished by one railroad company in 
 exchange for loaded cars, or to have its cars returned, said com- 
 mission, whenever it may deem same necessary in order to se- 
 ciure the prompt transportation of freight and preservation of the 
 property, shall be authorized to prescribe the minimum speed at 
 which freight shall be moved when being transported between 
 points within the state, including the time for transfer and de- 
 livery between connecting railroads. It shall be the duty of 
 every such railroad to conform to all the rules and regulations 
 and orders of commission made in accordance with this act, and the 
 failure of any such railroad company to observe the rules and 
 regVdations of commission, or to comply with the provisions here- 
 of, as to freight carried wholly within the state, shall be deemed 
 an abuse subject to correction by commission, and shall subject 
 such railroad company to the penalties hereinafter provided. 
 Acts igoQy no. 277, sec. i. 
 
 CALIFORNIA Provisions for public utilities identical with 
 
 2386 pars. 2381, 2382. Stats. 191 1, ist. ex. sess., ch. 14, sec. 35, 
 See also par. 2465, 
 
 CONNECTICUT See par. 2437. 
 
 FLORIDA Commission shall provide and prescribe all 
 
 such rules and regulations as may be necessary to secure proper 
 
 2886 operation and the furnishing of such facilities and the prompt 
 
 606 
 
I 
 
 handling, transportation and delivery of all freights offered. 
 Gen. Stats. igo6, sec. 28g6. 
 
 GEORGIA Commission may make, prescribe, and enforce 
 
 all such reasonable rules, regulations and orders as may be neces- 
 sary in order to compel and require the several railroad companies 
 to promptly receive, receipt for, forward and deliver to destina- 
 
 1387 tion all freights of every character which may be tendered or re- 
 ceived by them for transportation; and as well such reasonable 
 rules, regulations and orders as may be necessary to compel and 
 require prompt delivery of all freights, on arrival at destination, 
 to the consignee. Code igii, sec. 26^4. 
 
 Commission may prescribe rules and penalties covering and 
 requiring the prompt receipt, carriage, and delivery of freight, 
 
 S388 the prompt furnishing of cars to shippers desiring to ship freight 
 and rules and penalties for the transfer of cars through yards by 
 connecting roads. Same, sec. 2664. 
 
 INDIANA Commission shall adopt all necessary rules and 
 
 regulations to govern car distribution and delivery, train service 
 and accommodations and for car service or the transfer and 
 
 2389 switching of cars from one railroad to another at junction points, 
 or where entering the same city or town. Acts 1Q07, ch. 
 241, sec. 3. 
 
 Before any order shall be made by commission changing the 
 rules or regtdations of any railroad or express company or other 
 carrier or company respecting car service, the transfer or switch- 
 ing of cars from one railroad to another, or respecting the loca- 
 tion or construction of sidings and connections between roads, 
 
 2390 said commission shall give the company or companies affected by 
 such proposed order not less than ten days' written notice of the 
 time and place where the matters involved in said proposed order 
 shall be considered; and such company shall be entitled to a 
 hearing at the time and place specified in such notice and shall 
 have process to enforce the attendance of its witnesses. Same, 
 sec. 14. 
 
 KANSAS See pars. 262, 742, qi8, 2497. 
 
 LOUISIANA Commission may make and adopt any and all 
 
 reasonable and just rules, regulations and orders, affecting or 
 
 2391 connected with the service and operation of telegraph and tele- 
 phone companies and corporations and persons engaged in such 
 business in the state. Stats. igo8, no. igg, sec. 2. 
 
 607 
 
Commission shall adopt, make and change reasonable and 
 
 2392 just rules, regulations and orders affecting and concerning the 
 service to be given and furnished by express, telegraph and tele- 
 phone companies. Same, sec. j. 
 
 MARYLAND Whenever commission shall be of the opinion, 
 
 after a hearing had upon its own motion or upon complaint, that 
 the regulations, practices, equipment, appliances or services of 
 any common carrier or other such corporation in respect to any 
 services, transportation of persons, freight or property within the 
 state, are unjust, imreasonable, unsafe, unreasonably improper or 
 inadequate commission shall determine the just, reasonable, safe, 
 reasonably adequate and proper regulations, practices, equip- 
 
 2393 ment, appliances and service to be in force and to be observed in 
 respect to such transportation of persons, freight and property, 
 and so fix and prescribe the same by order to be served upon every 
 common carrier or other corporation to be bound thereby, and 
 thereafter it shall be the duty of every such common carrier or 
 other corporation to observe and obey each and every require- 
 ment of every such order so served upon it, and to do every- 
 thing necessary or proper in order to secure absolute compliance 
 with and observance of every such order by all its officers, agents 
 or employes. Laws igio, ch. i8o, sec. 2j. 
 
 See also pars. 2423, 246g, 24^0. 
 
 MASSACHUSETTS Whenever commission shall be of opinion, 
 after a hearing had upon its own motion or upon complaint, that 
 the regulations, practices, equipment, appliances or service of 
 any such carrier in respect to transportation of persons or prop- 
 erty within the state are unjust, unreasonable, unsafe, improper 
 
 2394 or inadequate, commission shall determine the just, reasonable, 
 safe, adequate and proper regulations, practices, equipment, ap- 
 pliances and service thereafter to be in force, to be observed and 
 to be used in such transportation of persons and property, and 
 shall recommend the same by order to be served upon such car- 
 rier. Acts igii, ch. '/55, sec. 2. 
 
 2896 Facilities fixed and determined by statute shall not be re- 
 
 vised or regulated by commission. Same, sec. j. 
 See also pars. 75^, 2^0;^. 
 
 MICfflGAN See pars. 281, 284, 2425. 
 
 NEVADA See pars, p;;, g'/8. 
 
 NEW HAMPSHIRE See pars. 2452, 2480. 
 
 608 
 
NEW JERSEY See pars. 2291, 2481. 
 
 NEW MEXICO Commission shall make and enforce reason- 
 
 able and just rules requiring the supplying of cars and equipment 
 
 2396 for the use of shippers and passengers. Const., art. xi, sec. j. 
 
 NEW YORK Whenever commission shall be of opinion, 
 
 after a bearing, had upon its own motion or upon complaint, 
 that the regulations, practices, equipment, appliances, or service 
 of any such common carrier, railroad or street railroad corpora- 
 tion in respect to transportation of persons or property within the 
 state are unjust, unreasonable, imsafe, improper or inadequate, 
 commission shall determine the just, reasonable, safe, adequate 
 and proper regulations, practices, equipment, appliances and 
 
 2397 service thereafter to be in force, to be observed and to be used in 
 such transportation of persons and property and so fix and pre- 
 scribe the same by order to be served upon every common car- 
 rier, railroad and street railroad corporation to be bound thereby; 
 and thereafter it shall be the duty of every common carrier, rail- 
 road and street railroad corporation to observe and obey each 
 and every requirement of every such order so served upon it, and 
 to do everything necessary or proper in order to secure absolute 
 compliance with and observance of every such order by all of 
 its officers, agents and employes. Laws 1910, ch. 480, sec. 49(2). 
 
 Whenever commission shall be of opinion, after a hearing had 
 upon its own motion or upon complaint, that the property, equip- 
 ment or appliances of any such person or corporation are imsafe, 
 inefficient or inadequate, commission shall determine and pre- 
 
 2398 scribe the safe, efficient and adequate property, equipment and 
 appliances thereafter to be used, maintained and operated for 
 the security and accommodation of the public and in compliance 
 with the provisions of law and of their franchises and charters. 
 Same, sec. 66{^). 
 
 Whenever commission shall be of the opinion, after a hearing 
 had upon its own motion or upon complaint, that the rules, 
 regulations or practices of any telegraph corporation or telephone 
 corporation are imjust or imreasonable or that the equipment or 
 service of any telegraph corporation or telephone corporation is 
 inadequate, inefficient, improper or insufficient, commission 
 shall determine the just, reasonable, adequate, efficient and 
 proper regulations, practices, equipment and service thereafter 
 
 2399 to be installed, to be observed and used, and to fix and prescribe 
 the same by order to be served upon every telegraph and tele- 
 
 609 
 
phone corporation to be bound thereby, and thereafter it shall 
 be the duty of every telegraph and telephone corporation to 
 which such order is directed to obey each and every such order 
 so served upon it and to do everythiag necessary or proper in 
 order to secure compliance with and observance of every such 
 order by all its officers, agents and employes according to its true 
 latent and meaning.^ Same, sec. 97(2). 
 See also pars. 2427, 248 j, 2520. 
 
 NORTH CAROLINA Commission shall make reasonable and just 
 
 2400 rules for the handling of freight and baggage at stations. PelVs 
 Revisal, igo8, sec. 10Q4. 
 
 Commission shall make rules, regulations and rates govern- 
 ing storage charges by railroad companies and other transporta- 
 tion companies; and shall make rules govemiag railroad com- 
 
 2401 panics in the placing of cars for loading and unloading and in 
 fixing time limit for delivery of freights after the same have been 
 received by the transportation companies for shipment. Same, 
 sec. iioo. 
 
 See also par. 2558. 
 
 OHIO Commission may enforce reasonable regula- 
 
 tions for furnishing cars to shippers, switching, loading and un- 
 
 2402 loading them, and the weighing of cars and freight offered for 
 shipment over any line of railroad. Code igio, sec. 521. 
 
 Whenever commission shall be of the opinion, after hearing 
 had upon complaint, as in this act provided, or upon its own in- 
 itiative or complaint, served as in this act provided, that the rules, 
 regulations, measurements, or practices of any public utility 
 with respect to its public service are -unjust or unreasonable, or 
 that the equipment or service thereof is inadequate, inefficient, 
 
 2403 improper or insufficient, or cannot be obtained, it shall determine 
 the regulations, practices and service thereafter to be installed, 
 observed, used and rendered, and fix and prescribe the same by 
 order to be served upon the public utility. It shall thereafter 
 be the duty of such public utility and all of its officers, agents 
 and official employes to obey the same and do everything nec- 
 essary or proper to carry the same into effect and operation. 
 Laws igiiy no. 525, sec. 2q. 
 
 See also pars. 2487, 2521. 
 
 1 Nothing contained in this chapter shall be construed as giving to commission power 
 to make any order, direction or requirement requiring any telegraph corporation or tele- 
 phone corporation to perform any act which is unjust or unreasonable or in violation of 
 any law of this state or of the United States not inconsistent with the provisions of this 
 chapter. Laws 1910, ch. 480, sec. 97(3). 
 
 6x0 
 
OKLAHOMA See pars. 844, 846. 
 
 OREGON Commission may make, establish, and alter 
 
 either on its own motion or upon complaint, in the manner pro- 
 vided in section 28, reasonable regulations and rules, not incon- 
 
 2404 sistent with the provisions of this section, for the delivery, 
 switching, weighing, loading and unloading of cars, and enforce 
 the same. Gen. Laws igoy, ch. 55, sec. 26{p). 
 
 See also pars. ^48, loij, loiy, 1022, ijog, 248^, 252^^. 
 
 PENNSYLVANIA See par. 762. 
 
 RHODE ISLAND If upon such a hearing and investigation had 
 under the provisions of this act, commission shall find that any 
 regulation, measurement, practice, act or service of any public 
 utility is unjust, imreasonable, insufficient, preferential, unjustly 
 discriminatory, or otherwise in violation of any of the provisions 
 
 2405 of this act, or that any service of any such public utility is inade- 
 quate or that any service which can be reasonably demanded 
 cannot be obtained, commission may substitute therefor such 
 other regulations, measurements, practices, service, or acts, and 
 make such order respecting, and such changes in such regulations, 
 measurements, practices, service or acts, as shall be just and 
 reasonable. Acts 1Q12, ch. ygj, sec. 22. 
 
 Whenever commission shall believe that any regulation, 
 'measurement, practice or act whatsoever of such public utility 
 affecting or relating to the conveyance of persons or property 
 or any of the service in connection therewith or affecting or 
 relating to the production, transmission, delivery or furnishing 
 of heat, light, water or power or any service in connection there- 
 
 2406 with is in any respect unreasonable, insufficient or unjustly dis- 
 criminatory or that any service of such public utility is inadequate 
 or cannot be obtained or is unsafe or the public safety is in danger 
 thereby or that an investigation of any matter relating to a 
 public utility should for any reason be made, commission may 
 of its own motion summarily investigate the same with or with- 
 out notice. Same, sec. 26. 
 
 See also par. 1025, 2^2g, 2601. 
 
 SOUTH DAKOTA See pars. 345, 346. 
 
 TEXAS Commission may, as to all freight carried 
 
 wholly within the state, and the cars used therefor, make and 
 establish all needful rules and regulations, general and special, 
 which may be different according to the circumstances and con- 
 ditions of different railroads and localities and for different kinds 
 
 611 
 
and classes of freight and cars, providing for the time, place and 
 manner of demanding cars for, or giving notice of shipment of 
 such freight and the time, place, manner and order in which the 
 same shall be furnished to shippers for the purpose of shipping 
 freight between points in the state; and prescribe rules and 
 regulations for the furnishing, exchanging and interchanging of 
 cars, 'oaded and empty, by railroad companies as between each 
 other; the time, place, terms and conditions upon which such 
 cars shall be furnished and such interchange shall be made, and 
 in the absence of an agreement of such railroad companies, the 
 reasonable compensation to be paid by each railroad company 
 for the use, loss, injtiry or destruction of the cars of another rail- 
 
 2407 road company in the transportation of such freight; the time 
 within which, and the manner by which, railroad companies 
 shall give notice or make demand upon each other for cars to be 
 . urnished by one railroad company in exchange for loaded cars, 
 or to have its cars returned. Said commission, whenever it may 
 deem same necessary in order to secure the prompt transporta- 
 tion of freight and preservation of the property, shall be author- 
 ized to prescribe the minimum speed at which freight shall be 
 moved when being transported between points within the state, 
 including the time for transfer and delivery as between connect- 
 ing railroads. It shall be the duty of every such railway com- 
 pany to conform to all of the rules and regulations and orders, 
 of commission made in accordance with this act, and the failure 
 of any such railroad company to observe the rules and regula- 
 tions of commission or to comply with the provisions hereof as 
 to freight carried wholly within the state, shall be deemed an 
 abuse subject to correction by commission, and shall subject 
 such railroad company to the penalties hereinafter provided. 
 Laws igoj, ch. 184, sec. j. 
 
 VERMONT See par. 349. 
 
 VIRGINIA See par. 883. 
 
 WASHINGTON Whenever commission shall find, after such 
 
 hearing, that the rules, regulations, practices, equipment, appli- 
 ances, facilities or service of any such common carrier in respect 
 to the transportation of persons or property are iinjust, unrea- 
 sonable, unsafe, improper, inadequate or insufficient, commission 
 
 2408 shall determine the just, reasonable, safe, adequate, sufficient 
 and proper rules, regulations, practices, eqmpment, appliances, 
 facilities or service to be observed, fiimished, constructed or 
 
 612 
 
enforced and be used in the transportation of persons and prop- 
 erty by such common carrier, and fix the same by its order or 
 rtde as hereinafter provided. Laws igii, ch. iiy, sec. 53. 
 
 Whenever commission shall find, after hearing, that any 
 rules, regulations, measiu-ements or the standard thereof, prac- 
 tices, acts or service of any such gas, electrical or water company 
 are unjust, unreasonable, improper, insufficient, inefficient or 
 
 2409 inadequate, or that any service which may be reasonably de- 
 manded is not fiunished, commission shall fix the reasonable 
 rules, regulations, measurements or the standard thereof, prac- 
 tices, acts or service to be thereafter furnished, imposed, observed 
 and followed, and shall fix the same by order, or rule, as herein- 
 after provided. Same, sec. 54. 
 
 Whenever commission shall find after such hearing that the 
 rules, regulations or practices of any telegraph or telephone com- 
 pany are unjust or unreasonable, or that the equipment, facilities 
 or service of any telegraph or telephone company is inadequate, 
 
 2410 inefficient, improper or insufficient, commission shall determine 
 the just, reasonable, proper, adequate and efficient rules, regula- 
 tions, practices, equipment, facilities and service to be thereafter 
 installed, observed and used, and fix the same by order or rule 
 as hereinafter provided. Same, sec. 55. 
 
 Whenever commission shall find, after such hearing, that 
 the rules, regulations or practices of any wharfinger or warehouse- 
 man are unjust or unreasonable, or that the equipment, facilities 
 or service of any wharfinger or warehouseman are inadequate, 
 
 2411 inefficient, improper, insufficient or unsafe, commission shall 
 determine the just, reasonable, proper, adequate, efficient and 
 safe rules, regulations, practices, equipment, facilities and serv- 
 ice to be thereafter installed, observed and used, and fix the 
 same by order of commission as hereinafter provided. Same, 
 sec. §6. 
 
 Commission may provide by proper rules and regulations 
 the time within which all railroads shall furnish, after demand 
 therefor, all cars, equipment and facilities for the handling of 
 freight in carload and less than carload lots, and receiving, 
 gathering and transporting, after demand, of all express packages 
 and the delivery thereof at destination, the distance that freight 
 shall be transported each day after receipt, the time within which 
 
 2412 consignors or persons ordering cars shall load the same, and the 
 time within which consignee and persons to whom freight may 
 be consigned shall unload and discharge the same and receive 
 
 613 
 
freight from the freight rooms, and provide the penalties to be 
 paid to consignors and consignees for delays on the part of rail- 
 roads to conform to such rules, and prescribe the penalty to be 
 paid by consignors and consignees to railroads for failure to 
 observe such rules. Same, sec. 59. 
 
 Commission shall adopt, promulgate and issue rules and 
 regulations covering the bulletining of trains, showing the time 
 of arrival and departure of all trains, and the probable arrival 
 and departure of delayed trains; the conditions to be contained 
 in and become a part of contracts for transportation of persons 
 and property, transmission and delivery of messages and con- 
 versations, and the furnishing and supply of gas, electricity and 
 water, and any and all services concerning the same, or connected 
 therewith; the time that station rooms and offices shall be kept 
 open; rules governing demurrage and reciprocal demurrage, and 
 provide reasonable penalties to expedite the prompt movement 
 of freight and release of cars, and generally such rules as pertain 
 to the comfort and convenience of the public concerning the 
 subjects treated of in this act. Such rules and regulations shall 
 be promulgated and issued by commission on its own motion, 
 8413 and shall be served on the public service company affected there- 
 by as other orders of conmission are served. Any public service 
 company affected thereby, and deeming such rules and regula- 
 tions, or any of them, improper, unjust, unreasonable, or con- 
 trary to law, may within 20 days from the date of service of such 
 order upon it file objections thereto with commission, specifying 
 the particular grounds of such objections. Commission shall, 
 upon receipt of such objections, fix a time and place for hearing 
 the same, and after a full hearing may make such changes or 
 modifications thereto, if any, as the evidence may justify. Com- 
 mission may adopt rules to govern its proceedings, and regulate 
 the mode and manner of all investigations and hearings ; provided, 
 no person desiring to be present at such hearing shall be denied 
 permission. Actions may be instituted to review rules and regu- 
 lations promulgated under this section as in the case of orders 
 of commission. Same, sec. 85. 
 
 See also pars. 1044, 24g2, 2536, 2606. 
 
 WISCONSIN If upon such investigation it shall be foimd that 
 
 any regulation, meastirement, practice, act or service complained 
 of is unjust, unreasonable, insufficient, preferential, unjustly dis- 
 criminatory or otherwise in violation of any of the provisions of 
 this act, or if it be found that any service is inadequate or that 
 
 614 
 
 I 
 
2414 any reasonable service cannot be obtained, commission may sub- 
 stitute therefor such other regulations, measurements, practices, 
 service or acts and make such order respecting, and such changes 
 in such regulations, measurements, practices, service or acts as 
 shall be just and reasonable. Laws igoj, ch. 4Qg, sec. lygjm- 
 46{2). 
 
 Whenever commission shall believe that any service is in- 
 adequate or cannot be obtained or that an investigation of any 
 
 2415 matter relating to any public utility should for any reason be 
 made, commission may on its own motion simmiarily investigate 
 the same with or without notice. Same, sec. ijgym-4g. 
 
 Whenever, upon an investigation made under the provisions 
 of this act, commission shall find any regulations, measurements, 
 practices, acts or service to be unjust, unreasonable, insufficient, 
 preferential, unjustly discriminatory or otherwise in violation of 
 any of the provisions of this act ; or shall find that any service is 
 inadequate or that any service which can be reasonably demanded 
 cannot be obtained, commission shall determine and declare and 
 
 2416 by order fix reasonable measurements, regulations, acts, prac- 
 tices or service to be furnished, imposed, observed and followed 
 in the future in lieu of those found to be unjust, unreasonable, in- 
 sufficient, preferential, imjustly discriminatory, inadequate or 
 otherwise in violation of this act as the case may be, and shall 
 make such other order respecting such measurement, regulation, 
 act, practice or service as shall be just and reasonable. Same, 
 sec. iyg'jm-6o{2). 
 
 See also pars. 131 1, 24gj, 2537. 
 
 I. REPAIRS, CONSTRUCTION, RECONSTRUC- 
 TION, ADDITIONS AND OTHER PROPERTY 
 CHANGES.^ 
 
 I. Utilities other than Railroads and Common Carriers. 
 
 ARIZONA, CALIFORNIA 
 
 Whenever commission, after a hearing had 
 upon its own motion or upon complaint, shall find that addi- 
 tions, extensions, repairs or improvements to, or changes in, the 
 existing plant, equipment, apparatus, facilities or other physical 
 property of any public utility ^ or of any two or more public 
 utilities ^ ought reasonably to be made, or that a new structure 
 or structures should be erected, to promote the security or con- 
 
 * See also pars. 2562-2613. 
 
 2 "Public service corporation," in Arizona, 
 
 6XS • 
 
2417 venience of its employes or the public, or in any other way to 
 secure adequate service or facilities, commission shall make and 
 serve an order directing that such additions, extensions, repairs, 
 improvements or changes be made or such structure or structures 
 be erected in the manner and within the time specified in said 
 order. If commission orders the erection of a new structure, it 
 may also fix the site thereof. Ariz. — Sess. Laws igi2, ch. go, 
 sec. j6; Cat. — Stats, igii, ist. ex. sess., ch. 14, sec. 36. 
 
 If any additions, extensions, repairs, improvements, or 
 changes, or any new structtire or structures which commission 
 has ordered to be erected, require joint action by two or more 
 public utilities ^ commission shall notify the said public utilities ^ 
 that such additions, extensions, repairs, improvements or changes 
 or new structure or structures have been ordered and that the 
 same shall be made at their joint cost, whereupon the said public 
 utilities^ shaU have such reasonable time as commission may 
 grant within which to agree upon the portion or division of cost 
 
 2418 of such additions, extensions, repairs, improvements or changes 
 or new structure or structures, which each shall bear. If at the 
 expiration of such time such public utihties ^ shall fail to file with 
 commission a statement that an agreement has been made for 
 division or apportionment of the cost of expense of such addi- 
 tions, extensions, repairs, improvements or changes, or new struc- 
 ture or structures, commission may, after further hearing, make 
 an order fixing the proportion of such cost or expense to be borne 
 by each public utility^ and the manner in which the same shall 
 be paid or secured. Same. 
 
 See also pars. 2j8i, 2j8^. 
 
 CONNECTICUT Any town, city or borough within which or 
 
 between which and any other town, city, or borough in this state, 
 any public service company is furnishing service, or any ten pa- 
 trons of any such company, may bring a written petition to com- 
 mission alleging that the plant or equipment of such company is 
 inadequate or unsuited to the public need. Thereupon commis- 
 sion shall fix a time and place for a hearing upon such petition, 
 and shall mail notice thereof to the parties in interest and give 
 
 2419 due public notice thereof at least one week prior to such hearing. 
 Upon said hearing commission may, if it finds such plant or eqmp- 
 ment to be inadequate or unsuited to the public need, order 
 and prescribe such plant or equipment as shall be adequate and 
 smtable, and fix a time within which said company shall con- 
 
 > 'Public service corporation," in Arizona. 
 * 616 
 
struct such plant or obtain such equipment. It shall thereupon 
 be the duty of such company to construct such plant or obtain 
 such equipment within the time so fixed. Puh, Acts igii, ch. 
 128, sec. 22. 
 
 Whenever any resident of any town who owns and occupies 
 real estate within such town, and within which town any tele- 
 phone company is now operating or shall hereafter operate a 
 telephone line, located not to exceed three-quarters of one mile, 
 measured along a highway, distant from the real estate of such 
 resident, shall present to such company a written petition, signed 
 by 20 residents of such town who are subscribers to the telephone 
 service of such company, requesting an extension of the service 
 
 2420 line of such company and the installation of a specified telephone 
 service upon his premises, and shall obligate himself, with suffi- 
 cient security for the performance of such obligation, to use and 
 pay for said service for a period of five years thereafter, such com- 
 pany shall, within 60 days thereafter, extend its service line and 
 install upon the premises of such petitioner a telephone equip- 
 ment similar to the equipment furnished subscribers for the same 
 class as such petitioner, and for the same rate charged for such 
 service within such town. Pub. Acts 1911, ch. 2y6, sec. i. 
 
 If such company shall refuse or neglect to so extend its serv- 
 ice line and install such telephone service, the petitioner may 
 prefer his complaint to the superior coiu*t for the county within 
 which such petitioner resides, alleging such refusal or neglect and 
 summoning such company to appear before said cotirt to answer 
 the allegations of said complaint. If said cotirt shall find that 
 
 2421 the cost of extending the lines of such company and installing a 
 telephone equipment as specified in such petition is not excessive 
 in proportion to such company's published rate charged for the 
 class of service requested by the petitioner, said coiirt shall order 
 such company to extend its service line and install the equipment 
 requested by such petitioner, and may, in its discretion, tax costs 
 against either party, and make such orders concerning the matter 
 as said court deems just. Same, sec. 2. 
 
 GEORGIA See par. 2440. 
 
 KANSAS See pars. 265, 919. 
 
 LOUISIANA See par. 2316. 
 
 MARYLAND Commission may order such improvements as 
 
 win best promote the public interest, preserve the public health 
 and protect those using gas or electricity and those employed in 
 
 617 
 
S4aa the maniifacture and distribution thereof, or in the maintenance 
 and operation of the works, wires, poles, Hnes, conduits, ducts 
 and systems in connection therewith. Laws igio, ch. i8o, sec. 
 
 Commission shall investigate and ascertain, from time to 
 time, the service supplied by such persons and corporations ; shall 
 examine all the methods employed by such persons and corpora- 
 tions supplying facilities for the transmission of intelligence by 
 
 2423 electricity, and may order such improvements as will best promote 
 the public interest and protect those using telephones and those 
 employed in the business thereof or in the maintenance and oper- 
 ation of the works, wires, poles, lines and conduits maintained 
 therein. Same, sec. 39(2). 
 
 Commission shall require that every telephone ' company 
 furnish to its patrons reasonably good and adequate service in all 
 respects. If in the judgment of commission repairs or im- 
 provements to or changes in any telegraph or telephone line, ap- 
 ■ paratus, machinery, equipment or facilities, or any other prop- 
 erty, used by any telegraph company or telephone company in 
 connection with telegraphic or telephonic communication ought 
 reasonably to be made, or any additions or alterations are neces- 
 
 2424 sary in order to promote the security or convenience of the public 
 or employes, or in order to secure adequate service or facilities 
 for telegraphic or telephonic commimications, commission shall, 
 after a hearing either on its own motion or after complaint, make 
 
 . and serve an order directing such repairs, improvements, changes, 
 additions or alterations, to be made within a reasonable time and 
 in a manner to be specified therein, and every telegraph and 
 telephone company is hereby directed to make all repairs, im- 
 provements, changes, additions or alterations required of it by 
 any order of commission served upon it. Same, sec. 40. 
 See also par. g28. 
 
 MICHIGAN Commission may inspect and examine all such 
 
 electrical apparatus already installed in any public highways, 
 streets or places, and all such apparatus hereafter installed, and 
 investigate from time to time the method employed by persons, 
 firms, or corporations transmitting and supplying electricity, and 
 
 2426 may order such improvements in such method as it shall be neces- 
 sary to secure good service and the safety of the public and of 
 those employed in the business of transmitting and distributing 
 such electricity, and of any persons liable to be injured by the 
 
 6x8 
 
erection, maintenance and use of such apparatus. Pub. Acts 
 igog, no. io6, sec. 5. 
 See also par. 11 88. 
 
 NEVADA See par. 2451. 
 
 NEW HAMPSHIRE See par. 2480. 
 
 NEW JERSEY Commission may, after hearing, upon notice, 
 
 by order in writing, require every pubHc utiHty as herein defined, 
 to estabHsh, construct, maintain and operate any reasonable ex- 
 tension of its existing facihties, where, in the judgment of said 
 commission such extension is reasonable and practicable and will 
 
 2426 furnish sufficient business to justify the construction and main- 
 tenance of the same, and when the financial condition of the said 
 public utility reasonably warrants the original expenditure re- 
 quired in making and operating such extension. Laws igii, ch. 
 igj, sec. 12(c). 
 
 NEW YORK Whenever commission shall be of opinion, 
 
 after a hearing had upon its own motion or upon complaint, that 
 the property, equipment or appliances of any gas or electric 
 corporation are unsafe, inefficient or inadequate, commission 
 
 2427 shall determine and prescribe the safe, efficient and adequate 
 property, equipment and appliances thereafter to be used, main- 
 tained and operated for the security and accommodation of the 
 public and in compliance with the provisions of law and of their 
 franchises and charters. Laws igio, ch. 480, sec. 66{j). 
 
 Whenever commission shall be of opinion, after a hearing had 
 upon its own motion, or upon a complaint, that repairs or im- 
 provements to or changes in any telegraph or any telephone line 
 ought reasonably to be made, or that any additions should reason- 
 ably be made thereto, in order to promote the convenience of the 
 public or employes, or in order to secure adequate service or f acili- 
 
 2428 ties for telegraphic or telephonic communications, commission 
 shall make and serve an order directing that such repairs, im- 
 provements, changes or additions be made within a reasonable 
 time and in a manner to be specified therein and every telegraph 
 and telephone corporation is hereby required and directed to 
 make all repairs, improvements, changes and additions required 
 of it by any order of commission served upon it. Same, sec. g8. 
 
 See also pars, ggj, 248 j. 
 
 OHIO Whenever commission shall be of the opinion, 
 
 after hearing had, as in this act provided, or upon its own initia- 
 
 619 
 
tive or complaint, as in this act provided, that repairs, or improve- 
 ments to the plant or equipment of any public utility, should 
 reasonably be made, or that any additions thereto should reason- 
 ably be made, in order to promote the convenience or welfare of 
 the public or of employes, or in order to secure adequate service 
 
 2429 or facilities, commission may make and serve an appropriate 
 order with respect thereto, directing that such repairs, improve- 
 ments, changes or additions be made within a reasonable time, 
 and in a manner to be specified therein. Every such public 
 utility, its officers, agents and official employes shall obey such 
 order and make such repairs, improvements, changes and addi- 
 tions required of such public utility by such order. Laws igii, 
 no. 325, sec. so. 
 
 See also par. 1194. 
 
 RHODE ISLAND Whenever commission shall find upon hearing 
 and investigation under the provisions of this act, either on its 
 own motion or upon complaint as hereinbefore provided, that the 
 plant or equipment of any public utility is inadequate, insufficient, 
 or unsuited to the public needs, or that repairs, improvements, or 
 changes in such plant or equipment ought reasonably to be made^ 
 
 2430 or that an addition to, alteration, or extension of, the plant or 
 equipment of any public utility ought reasonably to be made, 
 commission may order that such repairs, improvements, changes, 
 additions, alterations, or extensions to the plant or equipment be 
 made within a reasonable time and in a manner to be specified 
 therein, provided that any such order shall be subject to the right 
 of appeal. Acts igi2, ch. 795, sec. 50. 
 
 SOUTH DAKOTA Commission or any member thereof shall make 
 such investigation and order such changes and betterments and 
 
 2431 improvements in telephone lines and exchanges as may be deemed 
 necessary for the improvement of the telephone service and the 
 convenience of the public. Sess. Laws igii, ch. 218, sec. 7. 
 
 VERMONT See par. 351. 
 
 WASHINGTON Whenever commission shall find after hearing 
 
 had upon its own motion or upon complaint, that repairs or im- 
 provements to, or changes in, any gas plant, electrical plant or 
 water system ought to be made, or that any additions or exten- 
 sions should reasonably be made thereto, in order to promote the 
 
 2432 security or convenience of the public or employes, or in order to 
 secure adequate service or facilities for manufacturing, distribut- 
 ing, or supplying gas, electricity, or water, commission may enter 
 
 620 
 
an order directing that such reasonable repairs, improvements, 
 changes, additions or extensions of such gas plant, electrical plant 
 or water system b^ made. Laws igii, ch. iiy, sec. yo. 
 
 Whenever commission shall find, after a hearing had on its 
 own motion or upon complaint, that repairs or improvements to, 
 or changes in, any telegraph or telephone line ought reasonably to 
 be made, or that any additions or extensions should reasonably be 
 
 2433 made thereto in order to promote the security or convenience of 
 the public or employes, or in order to secure adequate service or 
 facilities for telegraphic or telephonic communications, commis- 
 sion shall make and serve an order directing that such repairs, 
 improvements, changes, additions or extensions be made in the 
 manner to be specified therein. Same, sec. yi. 
 
 Whenever commission shall find, after hearing had upon its 
 own motion or upon complaint, that repairs or improvements to, 
 or changes in, any dock, wharf or warehouse ought reasonably to 
 be made, or that any additions or extensions should reasonably 
 
 2434 be made thereto in order to promote the security or adequate serv- 
 ice or facilities for the receipt, storage or handling of freight, 
 commission shall make and serve an order directing that such 
 repairs, improvements, changes, additions or extensions shall be 
 made in the manner specified therein. Same, sec. J2. 
 
 See also pars. 1182, ii8j. 
 
 2. Railroads and other Common Carriers. 
 
 ALABAMA If in the judgment of commission, repairs or 
 
 improvements to or changes in any trains, switches, terminals or* 
 terminal facilities, motive power, or any other property or device 
 used by any common carrier, railroad or street railroad corpora- 
 tion, in or in connection with the transportation of passengers, 
 freight or property, ought reasonably to be made, or any addi- 
 tions should reasonably be made thereto, in order to promote the 
 security or convenience of the public or employes, or in order 
 
 2435 to secure adequate service or facilities for the transportation of 
 passengers, freight or property, commission shall, after a hearing 
 had either on its own motion or after complaint filed, make and 
 secure an order directing such repairs, improvements, changes or 
 additions to be made within a reasonable time and in a manner to 
 be specified therein, and every common carrier, railroad and 
 street railroad corporation, is required and directed to make all 
 such repairs, improvements, changes and additions required of it 
 
 621 
 
by any order of cormnission served on it. Acts igoy, sp. sess., 
 no. 77, sec. I. 
 
 See also pars. 242, yj6, yji. , 
 
 CALIFORNIA See par. 2417. 
 
 COLORADO If, in the judgment of commission, after a care- 
 
 ful personal examination and investigation, and after hearing, or 
 the opportunity for hearing, commission shall find that repairs, 
 improvements, or increased facilities in respect to roadbeds, 
 trackage, rolling stock, stations and depots, yards, terminal 
 facilities, switches, signals, or any other element of the service of 
 any common carrier, shall be necessary and within the reasonable 
 power of any common carrier to make, or adopt, for the promo- 
 
 2436 tion of the security of persons as to life and limb, or for the con- 
 venience and accommodations of the public in the shipping and 
 handling of property, commission shall make such reasonable 
 order requiring any common carrier to do any such thing deemed 
 by commission to be proper in respect to such matters, within 
 a reasonable time to be fixed by commission, as to them shall seem 
 so necessary and so within such reasonable power of such com- 
 mon carrier; and the orders of commission in such respect shall 
 be enforced by the proper writs and orders of courts of competent 
 jurisdiction. Laws iQio, sp. sess., ch. 5, sec. 27. . 
 
 CONNECTICUT Commission, subject to the right of appeal, as 
 
 provided in section 3834,^ shall have exclusive jurisdiction and 
 direction over the method of construction or reconstruction in 
 whole or in part of every street railway in the state, the power of 
 designing the kind and quality of track to be used and the method 
 of laying the same, the kind, quality and finish of all material, 
 
 2437 tracks, wires, poles, conductors, fixtures and structures to be used 
 in such construction, and the method and manner of applying 
 motive power, and may make all orders necessary to the exercise 
 of such power and direction, which orders shall be in writing and 
 recorded in the records of commission. Every company oper- 
 ating any street railway shall, at its own expense, comply with 
 and carry out such orders. Gen. Stats. igo2, sec. 38 jo. 
 
 Commission may at any time and on the complaint in writ- 
 ing of five stockholders or creditors of any railroad assigning suf- 
 ficient reason shall examine the railroad of such company and all 
 its appurtenances, engines, and cars, and its by-laws and rules; 
 
 2438 and in such examination shall pass over the road at a rate not 
 
 > Appeal to superior court. 
 
 622 
 
exceeding six miles an hour, shall stop at each culvert, bridge and 
 piling, and examine the same, and shall examine the rails and ties 
 in every mile, after notifying the company in writing of the time 
 of such examination. They shall notify the company to make 
 all repairs required within a time limited. Same, sec. 3884. 
 
 FLORIDA Commissioners may require any railroad, rail- 
 
 road company or common carrier to properly operate its railroad 
 or transportation line and to furnish all the necessary facilities 
 
 2439 for the convenient and prompt handling, transportation and de- 
 livery of all freights offered along its line for transportation. 
 Gen. Stats. igo6, sec. 28g6. 
 
 GEORGIA Commission shall require all common carriers 
 
 and other public service companies under their supervision to es- 
 
 2440 tablish and maintain such public service and facilities as may be 
 reasonable and just, either by general rules or by special orders in 
 particular cases. Code 1911, sec. 2663. 
 
 ILLINOIS See par. j/j. 
 
 • 
 
 INDIANA Whenever commission shall secure reliable in- 
 
 formation or complaint shall have been made, or, because of re- 
 ports made by its inspectors, shall have reason to believe that any 
 carrier does not keep its road or equipment in proper condition 
 and repair for the security of its employes or the public, or that 
 any carrier does not maintain adequate and suitable depots, 
 buildings, platforms, switches, and side tracks for passengers and 
 for the receiving, protecting, handling, forwarding and delivery 
 of all freight offered for shipment or received at said stations, or 
 that there is a dangerous defect in connection with the operation 
 of any railroad or in any railroad bridge, culvert, curve, embank- 
 ment, water tank, crane, frog, railroad or wagon road crossing, 
 ties or tracks, motive power, stations, rolling stock, machinery 
 or in any roadbed or ground used in connection with the operation 
 of any railroad or any dangerous neglect or fault in the construc- 
 tion, equipment or management of any railroad. Commission 
 shall cause such investigation to be made as it may deem neces- 
 sary, and when such investigation shall have been made, said 
 
 2441 commission shall make a report to the manager or superintendent 
 of the railroad company. In said report and recommendations, 
 commission shall make an accurate statement of the time such 
 examination was made, of the exact location, character and ex- 
 tent of such defects or omissions, if any such shall have been 
 
 623 
 
found, and shall also recommend such reasonable changes and 
 improvements, additions, buildings and accommodations, as are, 
 in the opinion of commission necessary to remedy such faults, 
 neglects, requirements or defects. Such recommendations shall 
 set out specifically a reasonable time within which such improve- 
 ments or changes or additions, shall be made by the railroad com- 
 pany. And if they are not so made within said time so specified, 
 then commission if it deem it best to do so, may commence pro- 
 ceedings by mandamus, or other remedy, in some circuit or su- 
 perior court having jurisdiction of the carrier to enforce compli- 
 ance with its order. All courts shall give preference to such 
 cases and shall hear and determine the same speedily to the end 
 that the public interests may not suffer. Acts igii, ch. y6, sec. 
 
 lib). 
 
 IOWA When in judgment of commission any repairs 
 
 are necessary upon its road, or any addition to its rolling stock, 
 or addition to or change in its stations or station houses, or the 
 equipment thereof for the health and convenience of the public, or 
 change in its rate of fare for transporting freight or passengers, 
 or change in the mode of operating its road or conducting its 
 business, is reasonable and expedient in order to promote the 
 security, convenience, and accommodation of the public, com- 
 
 2442 mission shall serve a notice upon such corporation, in the man- 
 ner provided for the service of an original notice in a civil 
 action, which notice shall be signed by its secretary, of the 
 improvements and changes which it finds to be proper; and 
 a report of such proceedings shall be included in its annual report 
 to the governor, as provided in section 2 114; but nothing in 
 this section shall be so construed as relieving any railroad com- 
 pany from its present responsibility or liability for damage to 
 person or property. Code iSg^, sec. 21 ij. 
 
 KANSAS Whenever in the judgment of commission, it 
 
 shall appear that any repairs are necessary upon its road, or any 
 addition to its rolling-stock, or any addition to or change of its 
 stations or station houses, or any change in its rates for trans- 
 porting passengers or freight, or any change in the mode of 
 operating its road and conducting its business, is reasonable and 
 expedient in order to promote the security, convenience and 
 
 2443 accommodation of the public, said commission shall inform such 
 corporations of the improvement and changes which it deems to be 
 proper by a notice thereof in writing, which notice shall state the 
 
 624 
 
time within which said improvements or changes are required to 
 be made ; and if such orders are not complied with within the time 
 stated in said notice, the attorney for commission shall forth- 
 with file with the commission a complaint in writing, praying for 
 an investigation of said matter. Gen. Stats. igoQ, sec. yi88. 
 See also par. 26^. 
 
 KIENTUCKY Whenever in the judgment of commission, 
 
 after a personal examination of the same it shall appear that re- 
 pairs are necessary upon any railroad, or when, from complaint 
 made or its knowledge it shall have reason to believe that the 
 tracks, bridges, tunnels or other structures of any company are 
 in an unsafe or dangerous condition, or unfit for public travel, or 
 that any additions to, improvements or changes in, the stations or 
 terminal facilities are needed for the convenience and security of 
 
 2144 the public, commission shall give notice in writing to the company 
 owning or operating such road of the repairs, improvements or 
 changes it deems proper and necessar}^ and shall afford such cor- 
 poration an opportunity to be heard in reference thereto; and if 
 the company shall neglect or refuse to make such repairs, im- 
 provements, or changes within a reasonable time after such hear- 
 ing, commission shall lay the facts before the attorney general for 
 his action and shall report the same fully to the next legislature. 
 CarrolVs Stats, igog, sec. 8jo. 
 
 MAINE A majority of commission or one member 
 
 thereof annually between the first of April and October and at any 
 other time on application or whenever they think necessary shall 
 carefully examine the tracks, rolling stock, bridges, viaducts and 
 culverts of all railroads; and shall annually in December make a 
 
 2446 report to the governor of their official doings, therein stating the 
 condition of the road and rolling stock, with such facts as they 
 deem of public interest or which he may require; and all persons 
 managing railroads shall give commission such information as 
 they at any time require. Rev. Stats. 1903, ch. 51, sec. 50. 
 
 MARYLAND Provision substantially identical with par. 
 
 2435, except "repairs or improvements to or changes in any 
 trains, switches, terminals or terminal facilities, motive power, or 
 any other property or device" reads "repairs or improvements to 
 
 2446 or changes in any tracks, switches, terminals or terminal facilities, 
 stations, motive power, or any other property, construction 
 apparatus, equipments, facilities or device." Laws igio, ch. 
 180, sec. 2j. 
 
 625 
 
If in the judgment of commission any common carrier, rail- 
 road or street railroad corporation does not possess or operate mo- 
 tive power enough reasonably to accommodate the traffic, passen- 
 
 2447 ger and freight transported by or offered for transportation to it, 
 commission may after hearing, either on its own motion or after 
 complaint, make an order directing any such railroad or street 
 railroad corporation to increase the number of its motive power. 
 Same, sec. 24. 
 
 MASSACHUSETTS Railroad and street railway inspectors shall, 
 under the direction of commission, examine the roadbed, tracks, 
 crossings, stations, rolling stock, machinery, equipments, appli- 
 ances and grounds used in or in connection with the operation of 
 railroads or street railways; and if they are considered by an 
 inspector not to be in compliance with the requirements of law, 
 
 2448 or to be in such condition as to endanger the safety of the public 
 or of employes, he shall so report in writing to commission, which, 
 if it considers it necessary, shall give notice to the corporation or 
 company, or to the persons who own or operate the railroad or 
 street railway, of such failure to comply with the requirements of 
 the law or of such defects, with such recommendation as it may 
 consider necessary or proper. Acts igo6, ch. 463, pt. i, sec. 56. 
 
 If, in the opinion of commission, additional accommodations 
 for the traveling public are required upon any street railway, it 
 may, after due notice to the company and a hearing, make an 
 order requiring such additional accommodations as it determines 
 are just, and may alter, renew or revoke the order. A street rail- 
 
 2449 way company which, for more than one week after receiving 
 notice in writing of such order, neglects to comply therewith, shall 
 forfeit to the use of the city or town for which such additional 
 accommodations are ordered, or if they are ordered for more than 
 one city or town, to the use equally of such cities or towns, $100 
 for each day thereafter during which such neglect continues. 
 Acts igo6, ch. 463, pt. in, sec. gy. 
 
 See also pars. 75^, ydi. 
 
 MICHIGAN Upon the filing of complaint with commission 
 
 and hearing thereon, commission is authorized to make full 
 inquiry in the matter of station facilities, train service, name of 
 station, etc., at the station in question, and make such orders in 
 
 2450 regard to the building of depots, interurban railway shelters, 
 name of station, stopping of trains or cars, necessary sidings and 
 other track accommodations as it shall deem for the public in- 
 
 626 
 
terest and shall be just and reasonable. Puh. Acts igog, no. 300, 
 sec. isia). 
 
 MINNESOTA See par. 380. 
 
 NEVADA Commission may also investigate the physical 
 
 condition of all railroad property and in the interests of safety 
 
 S451 or service may determine and order repairs, reinforcements or 
 reconstruction of property. Stats, igoy, ch. 44, sec. 7, as amended 
 by Stats, igog, ch. 121, sec. 5. 
 
 NEW HAMPSHIRE Whenever commission shall be of the opinion, 
 after a hearing had upon its own motion or upon complaint, that 
 any part of any railroad within the state, reasonably requires alter- 
 ation or reconstruction or that the regulations, practices, equip- 
 ment, appliances, or service of any railroad corporation in respect 
 to transportation of persons or property within the state, are un- 
 just, unreasonable, unsafe, improper or inadequate, commission 
 shall notify the railroad in writing of its opinion and recommenda- 
 tions in respect thereto and shall insert in its next report to the 
 governor and council an account of its proceedings and recom- 
 mendations. If the railroad shall unreasonably neglect or refuse 
 to adopt the recommendations of said commission, the commis- 
 
 8452 sion may make an order as hereinafter prescribed in cases affect- 
 ing the public safety. In any case where the safety of the public 
 or of the employes of such railroad is concerned, commission 
 may in the first instance determine the reconstruction or altera- 
 tion reasonably required or the just, reasonable, safe, adequate 
 and proper regulations, practices, equipment, appliances and serv- 
 ice thereafter to be in force, or to be provided, and shall fix and 
 prescribe the same by order to be served upon every railroad cor- 
 poration to be bound thereby; and thereafter it shall be the duty 
 of every such railroad corporation to observe and obey each and 
 every reqtdrement of every such order so served upon it, and to do 
 everything necessary or proper in order to secure absolute com- 
 pliance with, and observance of every such order by all of its 
 officers, agents and employes. Laws igii, ch. 164, sec. nib). 
 
 NEW YORK If in the judgment of commission, additional 
 
 tracks, switches, terminals or terminal facilities, stations, motive 
 power, or any other property, construction, apparatus, equipment, 
 facilities or device for use by any common carrier, railroad or 
 street railroad corporation in or in connection with the trans- 
 portation of passengers or property ought reasonably to be pro- 
 vided, or any repairs or improvements to or changes in any thereof 
 
 627 
 
 -^ 
 
in use ought reasonably to be made, or any additions or changes 
 in construction should reasonably be made thereto in order to pro- 
 
 2453 mote the security or convenience of the public or employes, or in 
 order to secure adequate service or facilities for the transporta- 
 tion of passengers or property, commission shall, after a hearing 
 either on its own motion or after complaint, make and serve an 
 order directing such repairs, improvements, changes or additions 
 to be made within a reasonable time and in a manner to be speci- 
 fied therein, and every common carrier, railroad and street rail- 
 road corporation is hereby required and directed to make all 
 repairs, improvements, changes and additions required of it by 
 any order of commission served upon it. Laws igio, ch. 480, sec. 
 50. 
 
 If any repairs, improvements, changes or additions which 
 commission has determined to order reqmre joint action by two 
 or more of said corporations, commission shall, before entry and 
 service of order, notify the said corporations that such repairs, 
 improvements, changes or additions will be required and that the 
 same shall be made at their joint cost, and thereupon the said 
 corporations shall have 30 days or such longer time as commission 
 may grant within which to agree, upon the part or division of cost 
 
 2454 of such repairs, improvements, changes or additions which each 
 shall bear. If at the expiration of such time such corporations 
 shall fail to file with commission a statement that an agreement 
 has been made for a division or apportionment of such repairs, im- 
 provements, changes or additions commission may, after further 
 hearing, fix in its order the proportion of such cost, or expense to 
 be borne by each corporation and the manner in which the same 
 shall be paid and seciu-ed. But this section shall not be construed 
 to authorize commission to require two or more railroad corpora- 
 tions to unite in the erection of a imion station. Same. 
 
 2465 Also a provision identical with par. 2447. Same, sec. 51. 
 
 NORTH CAROLINA Commission may require all transportation 
 and transmission companies to establish and maintain- all such 
 
 2456 public service facilities and conveniences as may be reasonable 
 and just. PelVs Revisal igo8, sec. 1066. 
 
 OKLAHOMA See par. 843. 
 
 PENNSYLVANIA See pars. 333, 763. 
 
 SOUTH CAROLINA Whenever in the judgment of commission, it 
 shall appear that repairs are necessary upon any railroad, or that 
 any addition to the rolling stock, or any enlargement of, or im- 
 
 628 
 
provement in, the stations or station houses, or any modification in 
 the rates of fare for transporting freight or passengers, or any 
 change in the mode of operating the road and conducting its busi- 
 ness, is reasonable and expedient in order to promote the security, 
 
 2467 convenience and accommodation of the pubHc, it shall give in- 
 formation, in writing, to the corporation of the improvements 
 and changes which it adjudges to be proper, and if the said com- 
 pany shall fail, within 60 days, to adopt the suggestions of com- 
 mission, it shall take such legal proceedings as it may deem 
 expedient, and shall have authority to call upon the attorney 
 general to institute and^ conduct such proceedings. Gen. Stats. 
 igo2, sec. 2o6g. 
 
 Upon the complaint and application of the mayor and alder- 
 men or council of any city, town or county board of commissioners 
 of any county within which any part of any railroad is located, 
 commission shall make an examination of the condition and 
 operation thereof. Before proceeding to make such examination 
 in accordance with such application, said commission shall give 
 to the applicants and the railroad corporation reasonable notice, 
 in writing of the time and place of entering upon the same. If, 
 
 2458 upon such examination, it shall appear to commission that the 
 complaint alleged by the applicant is well founded, it shall so 
 adjudge, and shall inform the corporation operating such railroad 
 of its adjudication, and the company failing for 60 days after such 
 notice to remove the cause . of such complaint, it shall make re- 
 port thereof to the general assembly for such action as it may 
 deem expedient ; or if there be necessity for prompt action, it may 
 take such legal proceedings as may be proper, and the attorney 
 general shall institute and conduct such proceedings. Same, 
 sec. 20J0. 
 
 See also par. jjy. 
 
 SOUTH DAKOTA Commission shall from time to time carefully 
 examine and inspect the conditions of each common carrier in the 
 state, and of its equipment, and the manner of its conduct and 
 management, with reference to the safety, accommodation and 
 convenience of the pubHc. And if any bridge, line, wire, facility 
 or structure shall be deemed unsafe by commission it shall notify 
 the common carrier immediately, and it shall be the duty of said 
 common carrier to repair, or replace said bridge, line, wire, 
 facility or structure, in such manner and of such material and 
 within such time as said commission may order. Whenever in 
 
 «469 the judgment of commission, it shall appear that any repairs are 
 
 629 
 
necessary upon its road, or facilities, or any addition to its rolling 
 stock, or any stations or any additions to or change of its stations 
 or station houses or any change in its rates of fare transporting 
 freight, passengers, express or messages, or any change in the 
 mode of operating its line or lines or conducting its business is 
 reasonable and expedient in order to promote the security, con- 
 venience and accommodation of the public, commission shall in- 
 form such common carrier of the improvements and changes 
 which it adjudges to be proper, by notice thereof in writing and a 
 report of the proceedings shall be included in the annual report of 
 commission to the legislatitre. Sess. Laws iQii, ch. 2oy, sec. 2. 
 
 TENNESSEE See par. 86g. 
 
 TEXAS Commission shall see that each and every rail- 
 
 road corporation, shall provide and equip itself with siifficient 
 motive power and rolling stock or other equipment necessary to 
 handle all passenger and freight traffic expeditiously and without 
 delay. Commission may require of such common carriers the 
 purchase of such rolling stock and motive power as will properly 
 equip such common carrier and facilitate the movement of all 
 traffic, passenger and freight, and that will supply the transporta- 
 tion accommodations which such common carrier offers to per- 
 form as an inducement to the public to travel or ship via the lines 
 of such railroad company or common carrier. Commission may 
 also approve liens or mortgages that may be given by such rail- 
 road companies and common carriers to secure the purchase or 
 lease price of any equipment or motive power which may be 
 
 2460 deemed by commission necessary for the proper discharge of its 
 duty as a common carrier. If in the judgment and discretion of 
 commission any railroad company which now has an excessive 
 issue of bonds and stocks outstanding, has not sufficient passenger 
 and freight eqmpment and motive power to handle the passenger 
 and freight business of such common carrier and railroad com- 
 pany, commission shall, after not less than five days' notice and 
 hearing, issue an order requiring the purchase of such rolling stock 
 as in the judgment and discretion of commission may be deemed 
 necessary for the prompt, expeditious and comfortable trans- 
 portation of freight and passengers over the line of such railroad 
 company and common carrier, and in such case commission is 
 authorized to -approve contracts or liens for the purpose of se- 
 curing the purchase or lease price of such rolling stock, motive 
 power and equipment. Laws igoy, ch. 155, sec. 2. 
 
 Any railroad^company or common carrier failing to comply 
 
 630 
 
with these provisions or to obey the orders of commission made in 
 pursuance of the provisions hereof shall be deemed guilty of an 
 abuse of their rights and privileges and upon conviction shall be 
 2461 subject to a fine of $ioo, for a violation or failure to comply 
 with any order and each day that such railroad company or com- 
 mon carrier neglects, fails, or refuses to comply with such orders 
 shall constitute a separate offense. Same, sec. j. 
 
 VIRGINIA If any railroad or other transportation com- 
 
 pany, when directed by a valid order of commission, refuses or 
 fails to make necessary repairs or additions to its rolling stock, or 
 addition or improvement to its equipment, or any enlargement of 
 or improvement in its stations, station houses, wharves, or 
 
 2462 landings, or any change in the mode of operating its road or 
 transportation line, or in conducting its business, which the said 
 commission deems reasonable and expedient in order to promote 
 the security, convenience, and accommodation of the public, such 
 company shall, in the discretion of commission, be fined not 
 less than $ioo nor more than $i,ooo. Pollard's Code igo4, sec. 
 I2p4c{2y). 
 
 Whenever in the judgment of commission it shall appear 
 that repairs are necessary upon any railroad, or that any addition 
 to its rolling stock, or addition or improvement in the equipment 
 of any other transportation line, or any enlargement of or im- 
 provement in the stations or station houses, waiting rooms, 
 wharves or landings, or any change in the mode of operating the 
 road, or other transportation line and conducting its business, 
 is reasonable and expedient in order to promote the security 
 and accommodation of the public, it shall give ten days' notice in 
 writing to the company or person operating the road, or other 
 transportation line, of the improvements and changes which it 
 
 2463 adjudges to be proper, designating when and where the contem- 
 plated action in the premises will be considered and disposed of, 
 and such company or person shall be afforded a reasonable oppor- 
 timity to introduce witnesses and to be heard thereon, and any 
 such company or person failing or refusing to obey any valid 
 order or requirement of commission in the premises within such 
 reasonable time, not less than ten days, as shall be fixed in the 
 order of commission, it may impose upon any such company or 
 person the fines and penalties prescribed by the constitution and 
 by law for its or his failure to obey the orders and requirements 
 of commission and the requirements of the law, and enforce the 
 
 631 
 
payments and collection thereof by its judgments and processes. 
 Samey sec. ijija{2o). 
 See also par. 883. 
 
 WASHINGTON Whenever commission shall, after a hearing 
 
 had upon its own motion or upon complaint, find that additional 
 tracks, switches, terminals, terminal facilities, stations, motive 
 power or any other property, apparatus, equipment, facilities or 
 device for use by any common carrier in or in connection with the 
 transportation of persons or property ought reasonably to be pro- 
 vided, or any repairs or improvements to or changes in any there- 
 
 2464 tofore in use ought reasonably to be made, or any additions or 
 changes in construction should reasonably be made thereto, in 
 order to promote the security or convenience of the public or 
 employes, or in order to secure adequate service or facilities for 
 the transportation of passengers or property, commission may 
 after a hearing either on its own motion or after complaint make 
 and serve an order directing such repairs, improvements, changes 
 or additions to be made. Laws igii, ch. iiy, sec. 64. 
 
 See also par. 2408. 
 
 J. CHARACTER AND KIND OF SERVICE AND 
 
 SERVICE STANDARDS. 
 ARIZONA, CALIFORNIA 
 
 Commission may, after hearing had upon its 
 own motion or upon complaint, ascertain and fix just and reason- 
 able standards, classifications, regulations, practices, measiu-e- 
 ments or service to be furnished, imposed, observed and followed 
 by all electrical, gas and water corporations; ascertain and fix 
 adequate and serviceable standards for the measurement of quan- 
 tity, quality, pressure, initial voltage or other condition pertaining 
 
 2465 to the supply of the product, commodity or service ftunished or 
 rendered by any such public utility;^ prescribe reasonable regu- 
 lations for the examination and testing of such product, commod- 
 ity or service and for the measurement thereof; establish reason- 
 able rules, regulations, specifications and standards to secure the 
 accuracy of all meters and appliances for measiu-ements; and 
 provide for the examination and testing of any and all appliances 
 used for the measurement of any product, commodity or service 
 of any such public utility. Ariz. — Sess. Laws igi2, ch. go, sec. 
 46(a); Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 46(a). 
 
 The commissioners^ and their officers and employes may 
 
 » " Public service corporation," in Arizona. 
 2 "Commission," in Arizona. 
 
 632 
 
enter upon any premises occupied by any public utility/ for the 
 purpose of making the examinations and tests and exercising any 
 of the other powers provided for in this act, and set up and use on 
 
 2466 such premises any apparatus and appliances necessary therefor. 
 The agents and employes of such public utility ^ shall have the 
 right to be present at the making of such examinations and tests. 
 Same, sec. 46(b). 
 
 CONNECTICUT Commission may fix the standard of illu- 
 
 minating and heating power, purity, and quality of gas, fix the 
 initial efficiency of electric lamps furnished by electric companies, 
 
 2467 and investigate and make orders regarding the pressure at which 
 gas, and the voltage at which electricity, shall be distributed. 
 Pub. Acts igii, ch. 128, sec. ig. 
 
 KANSAS Commission may ascertain and prescribe for 
 
 each kind of public utility stiitable and convenient standard com- 
 mercial units of products in service. These shall be the lawful 
 
 2468 units for the purposes of this act. It shall prescribe reasonable 
 regulations for examinations and testing of such products or serv- 
 ice and for the measurement thereof. Laws igii, ch. 2j8, 
 sec. 22. 
 
 See also par. 24gy. 
 
 MARYLAND Commission may investigate and ascertain 
 
 from time to time, the quality of gas supplied by persons and cor- 
 porations, examine the methods employed by such persons, cor- 
 
 2469 porations, in manufacturing, selling, delivering or supplying gas 
 or electricity for light, heat, or power and in transmitting the 
 same. Laws igio, ch. 180, sec. 31H. 
 
 Commission may by order fix the standard illimiinating 
 power and ptirity of gas, not less than that prescribed by law, 
 both natural gas and gas to be manufactured, distributed or sold 
 by persons, corporations, for lighting, heating or power purposes, 
 and prescribe methods of regulation of the electric supply system 
 as to the use for incandescent lighting, and fix the initial efficiency 
 of incandescent lamps furnished by the persons, corporations, 
 generating and selling electric current for lighting, and by order 
 require the gas so manufactured, distributed or sold to equal the 
 standards so fixed by it, and establish regulations as to pressure 
 
 2470 at which gas shall be delivered, for the purpose of determining 
 whether the gas mantifactured, distributed or sold by such per- 
 sons or corporations for lighting, heating or power piu-poses con- 
 
 1 "Public service corporation," in Arizona. 
 
forms to the standard of illuminating power and purity, and, of 
 its own motion, examine and investigate the methods employed 
 in bringing in, obtaining, manufacturing, delivering and supply- 
 ing gas, and shall have access through its members or persons 
 employed and authorized by it to make examinations and inves- 
 tigations to all parts of the manufacturing plants owned, used or 
 operated for the manufacture, transmission or distribution of gas 
 or electricity by any such person or corporation. Same. 
 
 Any employe or agent of commission who divulges any fact 
 or information which may come to his knowledge during the 
 
 2471 course of any such inspection or examination, except in so far as 
 he may be directed by the commission, or by a court or judge 
 thereof, or authorized by law, shall be guilty of a misdemeanor. 
 Same. 
 
 Commission, its agents, experts and inspectors may enter 
 upon any premises occupied by any corporation to which the 
 provisions of this act or any of them are applicable, for the pur- 
 
 2472 pose of making the examinations, inspections, valuations and 
 tests contemplated as provided for in this act, and set up and use 
 on such premises any apparatus and appliances and occupy rea- 
 sonable space therefor for the purpose of said examinations, in- 
 spections and tests. Same, sec. 50. 
 
 See also par. g2j. 
 
 MASSACHUSETTS Every gas light company which annually man- 
 ufactures or sells more than 15 million cubic feet of gas shall, 
 when required by gas and electric commission, provide and main- 
 tain a suitable room at least a quarter of a mile from the gas works 
 
 2473 with a disc photometer and its appurtenances of a construction 
 approved by commission which shall be open to the inspector and 
 assistant inspectors on every working day from eight o'clock in 
 the morning until six o'clock in the afternoon. Rev. Laws igo2, 
 ch. 58, sec. I J. 
 
 The gas of every company which supplies more than 50 
 consumers, except gas made and used exclusively for heating, 
 
 2474 cooking, chemical and mechanical purposes, shall be inspected at 
 least twice a year and as much oftener as the gas and electric 
 commission may determine. Same, sec. 14. 
 
 The gas shall be tested for illimiinating power by means of a . 
 disc photometer and during such test shall be burned from thej 
 burner best adapted to it which is at the same time suitable for 
 domestic use and at as near the rate of five feet an hour as is\ 
 practicable. Gas and electric comniission shall for the purpose] 
 
 634 
 
1475 of establishing a standard of purity for gas and after a public 
 hearing determine how many grains of sulphur and ammonia per 
 ICO cu. ft. of gas may be permitted and may change such stand- 
 ards from time to time after a public hearing; but not more than 
 30 grains of sulphur per 100 cu. ft. and no sulphtireted hydrogen 
 shall be allowed. Same. 
 
 If the gas of any gas company or of any city or town supply- 
 ing gas is found on three consecutive inspections, or on three in- 
 spections made within a period of 30 consecutive days, to give 
 lefss light than 16 standard English candles, or upon such aver- 
 
 1476 aging of inspections as commission may prescribe, to be below the 
 standard of purity fixed imder this act, unless such defect is in 
 the opinion of commission due to imavoidable cause or accident, a 
 fine of $100 shall be paid by such company, city or town into the 
 treasury of the commonwealth. Same. 
 
 If during the test the consumption of gas varies from five 
 feet an hour, or the candle from 120 grains an hour, a proportion- 
 ate correction shall be made for the candle power. Upon com- 
 J1477 plaint and after notice and hearing commission may require a 
 company to supply such gas as will give, when tested in the man- 
 ner prescribed in this section, a light equivalent to such number 
 of standard English candles, not less than 16, as commission may 
 determine. Same. 
 
 Commission shall, from time to time, ascertain what degree 
 of purity can reasonably be required in gas made and supplied by 
 corporations and companies engaged in the manufacture and 
 8478 sale of gas for light or heat, and shall report to the general coiirt, 
 when, in its opinion, any change in the law relative thereto is 
 desirable. Rev. Laws 1Q02, ch. 121, sec. 6.^ 
 
 See also pars. 280, gjo, gji, 2501, 2508. 
 
 MICHIGAN Commission may in its discretion order elec 
 
 trie current for distribution to be delivered at a suitable primary 
 
 2479 voltage to any city, village or township through which a trans- 
 mission line or lines may pass. Puh. Acts igog, no. 106, sec. 5. 
 
 NEW HAMPSHIRE Commission may investigate and ascertain, 
 from time to time, the quality of gas supplied by public utilities 
 and the methods employed by such public utilities in manufac- 
 
 2480 turing or supplying gas or electricity for light, heat or power, or 
 in transmitting telephone and telegraph messages, or supplying 
 water, and after notice and hearing thereon may order all reason- 
 
 1 See footnote i, par. 276. 
 
able and just improvements and extensions in service or methods. 
 Laws igii, ch. 164, sec. 5(c). 
 See also par. q8j. 
 
 NEW JERSEY Commission may after hearing, by order in 
 
 writing, fix just and reasonable standards, classifications, regula- 
 
 2481 tions, practices, measurements or service to be fiimished, imposed, 
 observed, and followed thereafter by any public utility. Laws 
 I pi I, ch. 7p5, sec. i6{e). 
 
 Commission may after hearing, by order in writing, ascer- 
 tain and fix adequate and serviceable standards for the measure- 
 ment of quantity, quality, pressure, initial voltage or other con- 
 
 2482 dition pertaining to the supply of the product or service rendered 
 by any public utility and prescribe reasonable regulations for 
 examination and test of such product or service and for the meas- 
 urement thereof. Same, sec. i6{f). 
 
 See also pars. 2510, 2511. 
 
 NEW YORK Commission shall investigate and ascertain 
 
 from time to time, the quality of gas supplied by persons and cor- 
 porations; examine or investigate the methods employed by such 
 persons and corporations in manufacttuing, distributing and sup- 
 plying gas or electricity for light, heat or power and in transmit- 
 ting the same, and may order such reasonable improvements as 
 
 2483 will best promote the public interest, preserve the public health 
 and protect those using such gas or electricity and those employed 
 in the manufacture and distribution thereof; and have power to 
 order reasonable improvements and extensions of the works, 
 wires, poles, conduits, ducts and other reasonable devices, appar- 
 atus and property of gas corporations, electrical corporations and 
 municipalities. Laws igio, ch. 480, sec. 66(2). 
 
 Commission may by order fix from time to time standards 
 for the measurement of the purity or illuminating power of gas 
 to be manufactured, distributed or sold by persons, corporations 
 or municipalities for lighting, heating or power purposes, and pre- 
 scribe from time to time the efficiency of the electric supply 
 system, of the current supplied and of the lamps furnished by 
 the persons, corporations or mtmicipalities generating and selling 
 electric current, and by order require the gas so manufactured, 
 distributed or sold to equal the standards so fixed by it, and pre- 
 scribe from time to time the reasonable minimum and maximmn 
 pressure at which gas shall be delivered by said persons, corpora- 
 tions or mimicipalities. For the purpose of determining whether 
 
 636 
 
5484 the gas manufactured, distributed or sold by such persons, cor- 
 porations or municipalities for Hghting, heating or power purposes 
 conforms to the standard of illimiinating power, purity and pres- 
 sure, and for the ptirpose of determining whether the efficiency of 
 the electric supply system, of the current supplied and of the 
 
 -lamps furnished conforms to the orders issued by commission, 
 commission may, of its own motion examine and investigate the 
 plants and methods employed in manufacturing, delivering and 
 supplying gas or electricity, and shall have access through its 
 members or persons employed and authorized by it to make such 
 examinations and investigations to all parts of the maniif acturing 
 plants owned, used or operated for the manufactiuing, transmis- 
 sion or distribution of gas or electricity by any such person, cor- 
 poration or mimicipality. Same, sec. 66{ji). 
 
 5485 Also a provision identical with par. 2471. Same. 
 See also pars, ggo, 2515, 2ji^. 
 
 OHIO Commission shall ascertain and prescribe suit- 
 
 able and convenient standard commercial units of the product or 
 service of any public utility, when the character of its product or 
 
 5486 service is such that it can be determined, and such units shall be 
 the lawful units for the purposes of this act. Laws igii, no. J25, 
 sec. j6. 
 
 Commission may ascertain and fix adequate and serviceable 
 standards for the measurement of quality, pressure, initial volt- 
 
 2487 age or other condition pertaining to the supply or quality or the 
 product or service rendered by any public utility and prescribe 
 reasonable regulations for examination and testing of such product 
 or service and for the measurements thereof. Same, sec. j8. 
 
 See also pars. looj, 2521. 
 
 OREGON Commission shall ascertain and prescribe for 
 
 each kind of public utility suitable and convenient standard com- 
 
 2488 mercial units of product or service. These shall be lawful imits 
 for the purposes of this act. Gen. Laws igii, ch. 2yg, sec. 21. 
 
 Commission shall ascertain and fix adequate and ser\'iceable 
 standards for the measiuement of quality, pressiire, initial volt- 
 age or other conditions pertaining to the supply of the product or 
 service rendered by any public utility and prescribe reasonable 
 regulations for examination and testing of such products and 
 service and for the measurement thereof. Same, sec. 22. 
 
 See also pars. 2523, 2527. 
 
 637 
 
RHODE ISLAND Commission may after having given any pub- 
 lic utility concerned a reasonable notice and an opportunity to 
 be heard determine and fix by order the standard amount, quality, 
 pressure, initial voltage and character of each kind of product or 
 service to be furnished or rendered by any public utility, and 
 
 2490 standard condition or conditions pertaining to furnishing or ren- 
 dering the same, and thereafter the public utility concerns shall 
 furnish and render the same accordingly, but with and subject to 
 the right of appeal given by section 34 hereof. Acts 191 2, ch. 
 795, sec. 45. ^ ^ 
 
 2491 Also a provision identical with par. 2489. Same, sec. 46. 
 See also pars. 2529, 2601. 
 
 VERMONT See par. 351. 
 
 WASHINGTON Whenever commission shall find, after such 
 
 hearing, that the illuminating or heating power, purity or pres- 
 sure of gas, the efficiency of electric lamp supply, the voltage of 
 the current supplied for light, heat or power, or the purity, vol- 
 irnie and pressure of water, supplied by any gas, electrical or 
 water company, as the case may be, is insufficient, impure, inade- 
 
 2492 quate or inefficient, it shall order such improvement in the manu- 
 facture, distribution or supply of gas, in the manufacture, trans- 
 mission or supply of electricity, or in the storage, distribution or 
 supply of water, or in the methods employed by such gas, electri- 
 cal or water company, as will in its judgment be efficient, ade- 
 quate, just and reasonable. Laws 1911, ch. iiy, sec. 54. 
 
 See also pars. 2409, 2jji, 2532, 2607. 
 
 WISCONSIN Provisions identical with pars. 2488, 2489. 
 
 2493 Laws 1907, ch. 499, sees. ly 9^111-2 2, iy9ym-2j(i). 
 
 Nothing contained in this section shall limit in any manner 
 
 2494 any powers or authority vested in municipal corporations, as pro- 
 vided in section i797m-87. Same, sec. iy9ym-2j{j). 
 
 See also pars. 2557, 2538. 
 
 K. REGULATION OF METERS. 
 
 ARIZONA, CALIFORNIA 
 
 Any consimier or user of any product, commod- 
 ity or service of a public utility ^ may have any appliance used 
 in the measurement thereof tested upon paying the fees fixed by 
 commission. Commission shall establish arid fix reasonable fees 
 
 ^ ' Public service corporation," in Arizona. 
 
 638 
 
 I 
 
to be paid for testing such appliances on the request of the con- 
 
 2495 sumer or user, the fee to be paid by the consumer or user at the 
 time of his request, but to be paid by the pubUc utiHty ^ and repaid 
 to the consumer or user if the appHance is found defective or in- 
 correct to the disadvantage of the consimier or user, under such 
 rules and regulations as may be prescribed by commission. Ariz. 
 — Sess. Laws igi2, ch. go, sec. 46(c); Col. — Stats, igii, ist. ex. 
 sess., ch. 14, sec. 46(c). 
 
 See also par. 2465. 
 
 CONNECTICUT Upon petition of any person and the payment 
 
 by such person of a fee of $1 for each meter, commission shall 
 cause to be inspected any electric, gas or water meter used in 
 measuring electricity, gas, or water supplied to such petitioner. 
 
 kThe company supplying electricity, gas, or water through such 
 meter shall reimburse the petitioner for said fee if such meter be 
 found to be more than two per cent, fast, in the case of a gas meter, 
 
 2496 or four per cent, fast, in the case of an electric or water meter, 
 and shall not again use such meter until corrected, and approved 
 by commission. Commission shall cause to be approved 
 every electric, gas or water meter in which the error does not 
 exceed two per cent, for gas meters or four per cent, for electric 
 or water meters, and shall cause the same to be stamped with 
 some suitable device and the date of approval. Piih. Acts igii, 
 ch. 128, sec. 20. 
 
 KANSAS Commission shall establish reasonable rules, 
 
 regulations, specifications and standards to secure the accuracy 
 
 2497 of all meters and appliances for measurements, and every public 
 utility is required to carry into effect all orders issued by commis- 
 sion relative thereto. Laws igii, ch. 2j8, sec. 22. 
 
 MARYLAND Commission shall appoint inspectors of gas 
 
 and electric meters, whose duty it shall be to inspect, examine, 
 prove and ascertain the accuracy of any and all gas meters used or 
 intended to be used for measuring or ascertaining the quantity of 
 illuminating or fuel gas, or natural gas, furnished by any gas cor- 
 poration to or for the use of any person, and any and all elec- 
 
 2498 trie meters used or intended to be used for measuring and ascer- 
 taining the quantity of electrical current furnished for light, heat 
 and power by any electrical corporation to or for the use of any 
 person or persons, and when found to be or made to be correct, 
 the inspector shall stamp or mark all such meters and each of 
 
 ^ "Public service corporation," in Arizona. 
 
them with some suitable device, which device shall be recorded in 
 the office of the secretary of state. Laws igio, ch. i8o, sec. 31^. 
 No corporation or person shall furnish or put in use any gas 
 meter which shall not have been inspected, proved and sealed, or 
 any electric meter which shall not have been inspected, approved, 
 stamped or marked by an inspector of commission . Every gas and 
 electric corporation shall provide and keep in and upon its premises 
 2499 a smtable and proper apparatus, to be approved and stamped or 
 marked by commission, for testing and proving the accuracy 
 of gas and electric meters furnished oy it for use, and by which 
 apparatus every meter may and shall be tested, on the written re- 
 quest of the consumer to whom the same shall be furnished and in 
 his presence if he desires it. Same. 
 
 If any consumer to whom a meter has been fiunished shall 
 request commission to inspect such meter, commission shall have 
 the same inspected and tested; if the same, on being tested, shall 
 be found to be four per cent., if an electric meter, or two per cent., 
 if a gas meter, defective or incorrect, to the prejudice of the con- 
 
 2600 sumer, the inspector shall order the gas or electrical corporation 
 forthwith to remove the same and to place instead thereof a cor- 
 rect meter, and the expense of such inspection and test shall be 
 borne by the corporation; if the same, on being so tested, shall 
 be found to be correct, the expense of such inspection and test 
 shall be borne by the consumer. A uniform reasonable charge 
 shall be fixed by commission for this service. Same, sec. 32. 
 
 MASSACHUSETTS The unit of measure for the sale of illuminating 
 gas by meter shall be the cubic foot, containing 62 321/1000 
 
 2601 pounds avoirdupois weight of distilled or rain water, weighed in 
 air of the temperature of 62 degrees, Fahrenheit scale, the barom- 
 eter being at 30 inches. Rev. Laws igo2, ch. 58, sec. 8. 
 
 Every gas light company with a capital paid in of $100,000 
 or more, and every other gas light company if required by the gas 
 and electric commission, and all makers and vendors of meters 
 shall set up at some convenient place upon their premises one or 
 more meter provers of a size and type approved, tested and cali- 
 
 2602 brated by commission by means of which meters may be tested. 
 A meter shall not be stamped correct if it varies more than two 
 per cent, from the standard measure. Commission shall keep a 
 correct record of all meters examined by its inspectors with their 
 
 • proof at the time of inspection, which shall be open at all times 
 for examination by the officers of any gas light company. Same, 
 sec. g. 
 
 640 
 
A gas company providing a meter for measuring gas sup- 
 plied to a customer which has not been duly sealed and stamped 
 
 2503 shall be punished by a fine of $5 for every such meter in use, 
 payable to the city or town in which the meter is situated. Same, 
 sec. 10. 
 
 Meters in use shall be tested by the inspector or by one of 
 his assistants or a deputy on the request of the consumer or of 
 the gas light company, in the presence of the consumer if desired, 
 and with sealed apparatus. If he finds that the meter is correct, 
 
 2504 the person requesting the inspection shall pay the fees for such 
 inspection and the expenses of removing the meter for the purpose 
 of being tested, and the reinspection shall be stamped on the 
 meter. If he finds that the meter is incorrect, the gas light com- 
 pany shall pay such expenses and shall furnish a new meter with- 
 out charge to the consumer. Same, sec. 11. 
 
 Meters for measuring gas supplied to consimiers shall reg- 
 ister the quantity of gas passing through them in cubic feet so 
 that the number of cubic feet of gas consumed can be easily as- 
 certained by the consimier thereof. No meter shall be used 
 
 2505 which may confuse or deceive the constimer in ascertaining the 
 price he pays per 1,000 cu. ft. or the number of cubic feet con- 
 sumed. No charge for the use of a meter during any portion of 
 twelve consecutive months shall be made if the consumer during 
 said time uses gas to the value of $7. Same, sec. 12. 
 
 A customer of an electric lighting company or such company 
 may apply to the gas and electric commission for an examination 
 and test of any meter in use upon a customer's premises. Com- 
 mission shall forthwith cause to be made by a competent and dis- 
 interested person such examination and test of said meter, if any, 
 as in its judgment is practicable and reasonable, and shall furnish 
 to the company and to the customer a certificate of the result and 
 expense thereof. If upon such examination it appears that the 
 meter does not register correctly, commission may order the com- 
 2606 pany to correct or remove such meter and to substitute a correct 
 meter therefor. All fees for examinations and tests shall in the 
 first instance be paid by the person or company making applica- 
 tion therefor; but if the examination or test is made at the re- 
 quest of a customer and the meter is found to be incorrect be- 
 cause too fast the company shall pay such fees to commission to 
 be repaid by it to the applicant. A meter shall be deemed cor- 
 rect for the purposes of this section if it appears from such ex- 
 amination or test that it does not vary more than five per cent, 
 
 641 
 
from the standard approved by commission. Rev. Laws igo2, 
 ch. 121, sec. 36. 
 
 The person designated to make such inspection may at any 
 reasonable time enter upon any premises where the meter to be 
 inspected is placed for the purpose of making the inspection. 
 
 2607 Commission may establish such rules and regulations, fix such 
 standards, prescribe such fees, and employ such means and 
 methods in, and in connection with, such examinations and tests 
 of electric meters, as in its judgment shall be most practicable, 
 expedient and economical. Same, sec. j/.^ 
 
 • Commission may purchase such materials, apparatus and 
 
 2608 standard measuring instruments for examinations and tests as it 
 may deem necessary. Same. 
 
 Inspectors subject to the rules and regulations prescribed by 
 gas and electric commission shall make the inspections of gas re- 
 quired by section 14 of chapter 58 of the revised laws, and shall 
 inspect, examine, ascertain and prove the accuracy of all meters 
 which are to be used for measuring illuminating gas and are to be 
 
 2609 furnished to or for the use of any consumer or company, and shall 
 seal, stamp or mark every such meter, if it be found to be correct, 
 with some suitable device which shall be determined by commis- 
 sion and recorded in the office of the secretary of the common- 
 wealth. They shall also perform such other duties and make such 
 reports of their doings as commission may require. Rev. Laws 
 igo2, ch. 228, sec. j. 
 
 See also par. 2oy. 
 
 NEW JERSEY Commission shall purchase such materials, ap- 
 
 2610 paratus and standard measuring instruments as it may deem nec- 
 essary. Laws igii, ch. igj, sec. 8. 
 
 Commission may after hearing, by order in writing, establish 
 reasonable rules, regulations, specifications and standards, to se- 
 
 2611 cure the accuracy of all meters and appliances for measurements. 
 Same, sec. i6{g). 
 
 Commission may provide for the examination and test of any 
 
 2612 and all appliances used for the measuring of any product or serv- 
 ice of a public utility. Same, sec. i6{h). 
 
 Commission may by its agents, experts or examiners, enter 
 upon any premises occupied by any public utility as herein de- 
 
 2613 fined, for the purpose of making the examinations and tests pro- 
 vided for in this act and to set up and use on such premises any 
 apparatus and appliances necessary therefor. Same^ sec. i6{i). 
 
 » See footnote par. 2367. 
 
 642 
 
Commission may fix the fees to be paid by any consumer or 
 user of any product or service of a public utility, who may apply 
 to commission for such examination or test to be made, and any 
 2614 constimer or user may have any such appliance tested upon the 
 payment of the fees fixed by commission, which fees shall be re- 
 paid to the consumer or user if the appliance be found defective or 
 incorrect to the disadvantage of the consimier or user, and in that 
 event, paid by the public utility. Same, sec. i6(j). 
 
 NEW YORK Each commission shall appoint inspectors of 
 
 gas meters whose duty it shall be when required by commission 
 to inspect, examine, prove and ascertain the accuracy of any and 
 all gas meters used or intended to be used for measuring or ascer- 
 taining the quantity of gas for light, heat or power furnished 
 
 2615 by any person or corporation to or for the use of any person or 
 persons and when found to be or made to be correct, the inspector 
 shall seal all such meters and each of them with some suitable 
 device, which device shall be recorded in the office of the secretary 
 of state. Laws iQio, ch. 480, sec. 6y{i). 
 
 No corporation or person shall furnish, set or put in use any 
 
 2516 gas meter which shall not have been inspected, proved and sealed 
 by an inspector of commission. Same, sec. 6^(2). 
 
 Each commission shall appoint inspectors of electric meters 
 whose duty it shall be, when required by commission, to inspect, 
 examine and ascertain the accuracy of any and all electric meters 
 used or intended to be used for measuring and ascertaining the 
 quantity of electric current furnished for light, heat or power by 
 any person or corporation to or for the use of any person or cor- 
 
 2617 poration, and to inspect, examine and ascertain the accuracy of 
 all apparatus for testing and proving the accuracy of electric 
 meters, and when found to be or made to be correct the inspector 
 shall stamp or mark all such meters and apparatus with some 
 suitable device, which device shall be recorded in the office of the 
 secretary of state. No corporation, person or municipality shall 
 furnish, set or put in use any electric meter the type of which shall 
 not have been approved by commission. Same, sec. 6y{j). 
 
 Every gas and electrical corporation shall provide, repair and 
 maintain such suitable premises and apparatus and facilities as 
 
 2618 may be required and approved by commission for testing and 
 proving the accuracy of gas and electric meters furnished for use 
 by it, and by which apparatus every meter may be tested. Same, 
 sec. 67 {4). 
 
 643 
 
If any consumer to whom a meter has been furnished shall 
 request commission in writing to inspect such meter, commission 
 shall have the same inspected and tested; if the same on being so 
 tested shall be found to be more than four per cent, if an electric 
 meter, or more than two per cent, if a gas meter, defective or in- 
 2519 correct to the prejudice of the consumer, the expense of such in- 
 spection and test shall be borne by the corporation, if the same 
 on being so tested shall be found to be correct within the limits of 
 error prescribed by the provisions of this subdivision, the expense 
 of such inspection and test shall be borne by the consumer. Same, 
 sec. 6y(j). 
 
 Commission shall prescribe such rules and regulations to 
 
 2620 carry into effect the provisions of this section as it may deem 
 necessary, and shall fix uniform reasonable charges for the inspec- 
 tion and testing of meters upon complaint. Same, sec. 6y{6). 
 
 OHIO Commission may establish reasonable rules, 
 
 regulations, specifications and standards to secure the accuracy 
 
 2621 of all meters and appliances for measurements, and every public 
 utility is required to carry into effect all orders issued by commis- 
 sion relative thereto. Laws igii, no. 32 j, sec. 38. 
 
 Commission may provide for the examination and testing of 
 any and all appliances used for the measurement of any product 
 or service of a public utility. Any consumer or user may have 
 any such appliance tested upon payment of the fees fixed by com- 
 mission. Commission may declare and establish reasonable fees 
 
 2622 to be paid for testing such appliances on the request of the con- 
 sumers or users, the fees to be paid by the consumer or user at 
 the time the request is made, but to be paid by the public utility 
 and repaid to the consumer or user if the appliance be found com- 
 mercially defective or incorrect to the disadvantage of the con- 
 simier or user. Same, sec. 3Q. 
 
 OREGON Commission shall establish reasonable rules, 
 
 regulations, specifications and standards to secure the accuracy of 
 
 2528 all meters and appliances for measurements, and every public 
 utility is required to carry into effect all orders issued by commis- 
 sion relative thereto. Gen. Laws 1911, ch. 2yg, sec. 22. 
 
 Commission shall provide for the examination and testing of 
 any and all appliances used for the measuring of any product or 
 service of a public utility, and may provide by rule that no such 
 appliance shall be installed and used for the measuring of any 
 
 2624 product or service of any public utility until the same has been 
 
 644 
 
 I 
 
I 
 
 examined and tested by commission and found to be accurate. 
 Commission shall declare and establish a reasonable fee govern- 
 ing the cost of such examination and test which shall be paid to 
 commission by the public utility. Same, sec. 2j. 
 
 Commission shall declare and establish reasonable fees for 
 the testing of such appliances on the application of the c'onsumer 
 or user, the fee to be paid by the consumer or user at the time of 
 his request, but to be repaid to the consimier or user by com- 
 
 2525 mission and to be paid by the public utility if the appliance be 
 found defective or incorrect to the disadvantage of the con- 
 sumer or user beyond such reasonable limit as may be pre- 
 scribed by commission. All fees collected under the provisions 
 of this section shall be paid by commission into the state treas-. 
 ury. Same. 
 
 Commission, its agents, experts, examiners or inspectors 
 may enter upon any premises occupied by any public utility for 
 
 2526 the purpose of making any inspection, examination, or test pro- 
 vided in this act, and set up and use in such premises any appar- 
 atus and appliances and occupy reasonable space therefor. Same, 
 sec. 24. 
 
 Commission may purchase such materials, apparatus and 
 
 2527 standard measuring instruments for such examinations and tests 
 as it may deem necessary. Same, sec. 25. 
 
 Any person who shall destroy, injure, or interfere with any 
 apparatus or appliance owned or operated by or in charge of com- 
 mission or its agent, or any apparatus or appliance sealed by it, 
 shall be deemed guilty of a misdemeanor, and upon conviction 
 
 2528 shall be punished by fine not exceeding $100 or imprisonment for 
 a period not exceeding 30 days or both. Any public utility know- 
 ingly permitting the destruction, injury to, or interference with 
 any such apparatus or appliance, or with the seal affixed to any 
 apparatus or appliance by direction of commission, shall forfeit 
 a sum not exceeding $1,000 for each such offense. Same, sec. 70. 
 
 RHODE ISLAND Provisions substantially identical with pars. 
 2629 2521, 2522, except that '' commission may" reads '^commission 
 
 shall." Acts igi2, ch. yg^, sees. 46, 47. 
 
 A meter shall be deemed correct for the purposes of this sec- 
 2530 tion if it appears from such examination or test that it does not 
 
 vary more than two per cent, from the standard approved by 
 
 commission. Same, sec. 47. 
 
 WASHINGTON Commission may appoint inspectors of elec- 
 
 tric meters whose duty it shall be when required by commis- 
 
 645 
 
sion to inspect, examine, prove and ascertain the accuracy of any 
 and all electric meters used or intended to be used for measuring 
 and ascertaining the quantity of electric current furnished for 
 light, heat or power by any public service company to or for the 
 
 2531 use of any person or corporation, and to inspect, examine and 
 ascertain the accuracy of all apparatus for testing and proving 
 the accuracy of electric meters, and when found to be or made 
 to be correct the inspector shall stamp or mark all such meters 
 and apparatus with some suitable device to be prescribed by the 
 commission. No public service company shall furnish, set or 
 put in use any electric meters the type of which shall not have 
 been approved by commission. Laws igii, ch. iiy, sec. 74. 
 
 Commission may appoint inspectors of gas and water meters 
 whose duty it shall be when required by commission to inspect, 
 examine, prove and ascertain the acciu-acy of any and all gas and 
 water meters used or intended to be used for measuring or ascer- 
 
 2532 taining the quantity of gas for light, heat or power, or the quan- 
 tity of water furnished for any purpose by any public service 
 company to or for the use of any person or corporation, and when 
 found to be or made to be correct such inspectors shall seal all 
 such meters and each of them with some suitable device to be pre- 
 scribed by commission. Same. 
 
 No public service company shall thereafter furnish, set or 
 
 2533 put in use any gas or water meter which shall not have been in- 
 spected, proved and sealed by an inspector of commission under 
 such rules and regulations as commission may prescribe. Same. 
 
 Every gas, electrical and water company shall prepare and 
 maintain such suitable premises, apparatus and facilities as may 
 
 2534 be required and approved by commission for testing and proving 
 the accuracy of gas, electric or water meters furnished for use by 
 it by which apparatus every meter may be tested. Same. 
 
 Also a provision for gas, electrical and water companies 
 
 2635 substantially identical with par. 2519, except that a limit of 
 
 error of two per cent, is provided for water meters. Same. 
 
 Commission shall prescribe such rules and regulations to 
 
 2536 carry into effect the provisions of this section as it may deem 
 
 necessary, and shall fix the uniform and reasonable charges for 
 
 the inspection and testing of meters upon complaint. Same. 
 
 WISCONSIN Provisions identical with pars. 2521, 2522. 
 
 2537 Laws igoj, ch. 4qq, sees. iyQym'-2j(2), iyQym-24(i), I'jg'jm- 
 24(2), i797m-24{3). 
 
 646 
 
Commission may purchase such materials, apparatus and 
 
 2538 standard measuring instruments for such examinations and tests 
 as it may deem necessary. Same, sec. i'/gym-2^. 
 
 Commission, its agents, experts or examiners, may enter 
 upon any premises occupied by any pubHc utility for the purpose 
 
 2539 of making the examination and tests provided in this act and set 
 up and on such premises any apparatus and appHances and 
 occupy reasonable space therefor. Same, sec. iyg'jm-26. 
 
 Any person who shall destroy, injure or interfere with any 
 apparatus or appliance owned or operated by or in charge of 
 commission or its agent shall be deemed guilty of a misdemeanor 
 
 2540 and upon conviction shall be punished by a fine not exceeding 
 $100 or imprisonment for a period not exceeding 30 days or both. 
 
 B Same, sec. lyg'jm-gji^i). 
 
 wk Any public utility permitting the destruction, injury to, or 
 
 ■L2541 interference with, any such apparatus or appliance, shall forfeit 
 H| a simi not exceeding $1,000 for each offense. Same, sec. I'jgjm- 
 97^2). 
 
 L. FREE DELIVERY LIMITS OF EXPRESS, TELE- 
 PHONE AND TELEGRAPH COMPANIES. 
 
 ARKANSAS Commission is authorized and directed to de- 
 
 fine the limits in cities in which express companies shall make free 
 
 2542 delivery of all express packages received by them. Acts igii, 
 no. jj6, sec. 2. 
 
 Any express company refusing to establish and maintain the 
 offices or refusing to deliver free any express packages received by 
 them within the limits fixed by commission shall be guilty of a 
 misdemeanor for each failure or refusal to comply with the terms 
 
 2543 of this act or the orders of commission, and shall be fined in any 
 sum not exceeding $100 for each offense, and each day that said 
 company refuses to establish and maintain such offices and each 
 refusal to deliver within the territory fixed by commission shall be 
 a separate offense. Same, sec. 3. 
 
 ARIZONA, CALIFORNIA 
 
 Commission may provide the time within 
 which express packages shall be received, gathered, transported 
 and delivered at destination, and the limits within which express 
 
 2544 packages shall be gathered and distributed and telegraph and 
 telephone messages delivered without extra charge. Ariz. — 
 Sess. Laws igi2, ch. go, sec. 4j{b); Cal. — Stats, igii, ist. ex. 
 sess., ch. 14, sec. 45Q)). 
 
 647 
 
ILLINOIS Commission may upon complaint or its own 
 
 initiative, after notice to the express companies or carriers by ex- 
 press affected, fix and determine the territory in any city or vil- 
 lage having a population of 2,500 or more inhabitants according 
 to the last preceding United States census within which territory 
 such express companies and carriers by express shall thereafter 
 deliver all merchandise, property, parcels, packages, money and 
 other commodities and things transported by them to all con- 
 signees within such territory at the place of address as directed 
 on the package, parcel, commodity or thing transported and 
 
 2546 thereafter all such express companies and carriers by express shall 
 deliver all merchandise, property, parcels, packages, money and 
 other commodities and things transported by them, and each of 
 them, to all consignees within such territory, at the place of ad- 
 dress as directed on the package, parcel, commodity or thing 
 transported. Any such express company or carrier by express, or 
 any officer, representative, servant, agent, lessee, trustee or re- 
 ceiver of such express company or carrier by express, who know- 
 ingly violates any of the provisions of this section shall be fined 
 in any stun not more than $100 to be recovered in an action of 
 debt in the name of the people of the state of Illinois. Revisal 
 ipOQ, ch. 114, sec. 57^. 
 
 MISSISSIPPI See par. 2319. 
 
 MISSOURI Commission may and shall upon the complaint 
 
 of ten or more citizens of any incorporated city or town of the state, 
 which now has or may hereafter have a population of 1,000 or 
 more inhabitants according to the last preceding United States 
 census fix and define and establish in any such city or town, 
 by its order, the boundaries of a free delivery zone and require 
 all express companies, to deliver such express matter transported 
 between points wholly within the state to all consignees to whom 
 the same is directed, living within the limits of such free delivery 
 zone as established by said commission, as one continuous ship- 
 
 2546 ment and without an additional delivery charge being made there- 
 for at the place of delivery; prescribe a uniform contract for the 
 shipment of all express matter between points wholly within this 
 state, and require the use of the same by all express companies 
 doing business in the state; require all express companies, to 
 paste conspicuously on each package received for shipment be- 
 tween points wholly within the state, a label designed and read- 
 ing, ''collect" or "paid," with ''amount," "weight," "date"; 
 
 648 
 
make, promulgate and enforce all other necessary rules and regu- 
 lations for the shipment of any express matter between points 
 wholly within the state. Rev. Stats, igog, sec. J288(d). 
 
 WASHINGTON Commission may by proper rules and regula- 
 
 tions provide the extent of free gathering and distributing limits 
 
 S947 for express packages in cities and towns. Laws igii, ch. iiy, 
 sec. 5p. 
 
 649 
 
CHAPTER VIII 
 
 Safety of Operation 
 
 SCOPE NOTE 
 
 This chapter includes grants of power authorizing 
 commissions to regulate utilities with regard to the safety 
 of the service rendered. Provisions prescribing by legis- 
 lative enactment specific safety appliances and standards of 
 safety, even when enforcement is left to commissions, have 
 been excluded. For provisions incidentally involving 
 questions of safety, see ch. iv, on establishment and 
 change of rates, and ch. vii, on service. For provisions 
 prescribing general procedure to be followed in the exer- 
 cise of commission authority, see ch. xiv, on commission 
 procedure and practice. For provisions prescribing gen- 
 eral rules of enforcement and judicial review, see ch. xv, 
 on enforcement. For general statement of scope and 
 method, see mtroduction. 
 
 ANALYSIS 
 
 PAGE 
 
 A. General authority of commission with respect to safety of operation. . . 652 
 
 B. Authority of commission to examine, inspect or investigate equipment or 
 
 facilities, to order repairs and safety appliances and to fix standards 
 of safety 655 
 
 C. Duty of utilities to report or give notice of accidents, and authority of 
 
 commission to investigate the same and make recommendations with 
 respect thereto 674 
 
 651 
 
A. GENERAL AUTHORITY OF COMMISSION 
 WITH RESPECT TO SAFETY OF OPERA- 
 TION.^ 
 
 CONNECTICUT No part of any railroad or street railway shall 
 
 be opened for public travel unless the company operating such 
 
 2548 railroad or street railway shall first obtain a certificate signed by 
 commission that it is in a suitable and safe condition. Gen. 
 Stats. igo2, sec. 3886. 
 
 Commission shall, from time to time, recommend to the 
 several companies operating steam railroads and street railways 
 in the state, or to any of them, the adoption of such measures and 
 
 2549 regulations as such commission deems conducive to the public 
 safety or interest; and shall report to the next general assembly 
 any neglect on the part of any such company to comply with any 
 such recommendation. Same, sec. jSgj. 
 
 FLORIDA Commission shall make and adopt reasonable 
 
 rules and regulations requiring railroad companies and other 
 common carriers operating railroads wholly or in part in the state 
 
 2560 to maintain the roadbeds, rights of way, tracks, depots, rolling 
 stock, and other fixtures and equipment of such railway lines 
 within the state in a safe and proper condition. Laws igoy, ch. 
 5622, sec. 2. 
 
 Commission shall require all railroad companies operating 
 railroads, either in whole or in part within the state, to construct 
 
 2651 and maintain all their switches and switching devices in a safe 
 manner and condition. Same, sec. j.. 
 
 If any railroad company, or other common carrier, operating 
 a railroad wholly or in part in the state, shall refuse to comply with 
 any rule, order or regulation provided or prescribed by commis- 
 sion under the authority of this act, or shall otherwise violate any 
 
 2552 of the provisions of this act, such company or common carrier 
 shall thereby incur a penalty for each such offense of not more 
 than $5,000 to be fixed, imposed and collected by commission in 
 the manner provided in section 2908 of the general statutes of 
 the state of Florida. Same, sec. 4. 
 
 MAINE No passenger train shall be run over any new 
 
 railroad, or over any railroad in process of construction, until 
 commission has made an inspection of such railroad and granted 
 
 - See also pars. 2273-2314, 2381-2464. 
 652 
 
a certificate of its safety for public travel. Any person or cor- 
 2553 poration, -violating the provisions of this section, forfeits to the 
 state $ioo for each offense, to be recovered in an action on the 
 case, or by complaint and indictment; and the attorney general 
 shall institute proceedings to recover the same. Rev. Stats. 
 iQoj, as amended, ch. 51, sec. 57. 
 
 No street railroad shall be operated for street traffic imtil 
 commission has made an inspection of such railroad and granted 
 a certificate of its safety for public travel. Any person or cor- 
 ts54 poration violating the provisions of this section, forfeits to the 
 state $100 for each offense, to be recovered in an action on the 
 case, or by complaint and indictment, and the attorney general 
 shall institute proceedings to recover the same. Rev. Stats. 
 1903, ch. 5j, sec. 20. 
 
 MASSACHUSETTS No street railway or portion or extension 
 thereof shall be opened for public use imtil railroad commission, 
 after an examination, certifies that all laws relative to its con- 
 struction have been comphed with, and that it appears to be in 
 
 1555 a safe condition for operation; but nothing herein contained 
 shall be construed as compelling commission to grant such cer- 
 tificate imtil the entire road included in the location of such rail- 
 way, portion or extension has been completed. Acts 1906, ch. 
 46 J, pt. in, sec. 73. 
 
 NEVADA Commission may determine and order the use 
 
 of safety appliances in the interest of employes and the traveling 
 public, such as crossing-gates, flagmen, bells, devices, etc., in- 
 terlocking plants at railway crossings and all other modem 
 safety devices. Commission may determine and order the man- 
 ner in which any railroad, street railway, steam or electric rail- 
 way, or other common carrier, may cross another railroad, street 
 
 2656 railway, whatever the motive power, at grade, or above or below 
 grade, and shall prescribe the safety appliances and regulations 
 that should be adopted at such crossings or at existing grade 
 crossings of railroads, steam, electric, or other motive power 
 railways for the protection of the public and the prevention of 
 accidents. Stats, igoy, ch. 44, sec. 7, as amended hy Stats. 1909, 
 ch. 121, sec. J. 
 
 NEW MEXICO Commission shall require all intrastate rail- 
 
 ways, transportation companies or common carriers, to provide 
 such reasonable safety appliances in connection with all equip- 
 
 2557 ment, as may be necessary and proper for the safety of its em- 
 
 653 
 
ployes and the public, and as are now or may be reqmred by the 
 federal laws, ndes and regulations governing interstate com- 
 merce. Const. y art. xi, sec. 7. 
 
 NORTH CAROLINA Commission may make any necessary and 
 proper rules, orders and regulations for the safety, comfort and 
 
 2668 convenience of passengers, shippers or patrons of any public serv- 
 ice corporation, and require the observance of the same by the 
 company and its employes. Acts igoj, ch. 46Q, sec. i{a). 
 
 SOUTH CAROLINA No railroad, branch, or extension of a railroad, 
 shall hereafter be opened for public use until commission, after an 
 examination, certifies that all laws relating to the construction 
 
 2559 thereof have been complied with, and that the road appears to be 
 in a safe condition for operation, unless commission shall, after the 
 ten days' written notice to it by said railroad company of such 
 proposed opening, fail to make such examination and certificate. 
 Gen. Stats. 1Q02, sec. 2ij6. 
 
 WASHINGTON See par. 1044. 
 
 WISCONSIN Upon the completion of the construction of 
 
 any railroad or extension or branch thereof, under the specifica- 
 tion as approved by commission, the applicant company shall, 
 before operating said railroad, or extension or branch thereof, 
 excepting for construction purposes, and before opening the same 
 to public service, report the same to commission and commission 
 shall thereupon inspect and examine said railroad, or extension or 
 branch thereof, or cause the same to be inspected and examined, 
 and if it shall be found that the same has been constructed in 
 
 2560 accordance with said specification as approved and is otherwise 
 suitable and properly constructed so as to conserve and protect 
 the public safety in the operation thereof, commission shall 
 grant to said applicant railroad an order authorizing it to oper- 
 ate the same, which order shall be presumptive evidence of the 
 siifficiency of such construction. Said order shall specify in 
 general terms the methods and conditions of such operation and 
 it shall not be lawful for any such railroad or extension or branch 
 thereof, to be operated till such order has been so granted and 
 obtained. Laws igoy, ch. 4^4, sec. 1797-57^ as amended by Laws 
 igog, ch. 47'j. 
 
 Commission may establish reasonable rules, regulations, 
 
 2661 specifications, and standards for the installation, operation, an< 
 
 maintenance of all safety devices and measures. Laws igii, ch, 
 
 2g7, sec. I7g7-gb. 
 
 654 
 
B. AUTHORITY OF COMMISSION TO EXAMINE, 
 INSPECT OR INVESTIGATE EQUIPMENT OR 
 FACILITIES, TO ORDER REPAIRS AND 
 SAFETY APPLIANCES AND TO FIX STAND- 
 ARDS OF SAFETY.^ 
 
 ALABAMA See par. 24J. 
 
 ARIZONA Commission may, after a hearing had upon its 
 
 own motion or upon complaint, by general or special orders, rules 
 or regulations, or otherwise, require every public service corpora- 
 tion to maintain and operate its line, plant, system, equipment, 
 apparatus, tracks and premises in such manner as to promote and 
 safeguard the health and safety of its employes, passengers, cus- 
 tomers, and the public, and to this end prescribe, among other 
 
 2562 things, the installation, use, maintenance and operation of ap- 
 propriate safety or other devices or appliances, including inter- 
 locking and other protective devices at grade crossings or jimctions 
 and block or other systems of signaling, establish uniform or 
 other standards of equipment, and require the performance, of 
 any other act which the health or safety of its employes, pas- 
 sengers, customers or the public may demand. Sess. Laws igi2, 
 ch. go, sec. 42. 
 
 ARKANSAS Commission shall, as often as it deems it neces- 
 
 sary, carefully examine the condition of the several railroads of 
 the state; and commission, whenever it has reasonable grotmds to 
 believe either on complaint or otherwise that any of the tracks, 
 bridges, or other structures of any railroads in the state, are in a 
 condition which renders any of them dangerous or unfit for the 
 transportation of passengers with reasonable safety, inspect and 
 examine the same; and if on such examination in its opinion or in 
 the opinion of a majority of commission, any such tracks, bridges, 
 or other structures, or works, are unfit for the transportation of 
 passengers with reasonable safety, it shall give to the superin- 
 tendent or other executive officer of the company working or 
 operating said defective tracks, bridges, or other structures, 
 notice of the condition thereof, and of the repairs necessary to 
 place same in safe condition; and may also order and direct the 
 speed of trains over such dangerous and defective tracks, bridge, 
 or other structure, until said repairs are made, and the time within 
 
 1 See also pars. 2417-2434. 
 
which the repairs shall be made by the company; and if any such 
 superintendent or executive officer aforesaid, receiving such 
 notice and order, shall wilfully neglect, for the period of two days 
 after receiving such notice and order, to direct the proper sub- 
 ordinate officers to move the passenger trains over such defective 
 tracks, bridge, or other structure, at the speed prescribed by com- 
 mission, or if any engineer, conductor or other employe of such 
 company shall disobey such order of superintendent or officer 
 
 2563 whose duty it is to issue said order, every such superintendent, 
 conductor, engineer, or other employe shall be deemed guilty of a 
 misdemeanor, and, on conviction thereof, shall be fined in any 
 sum not exceeding $500 or be imprisoned in the county jail of the 
 proper county for a period not exceeding one year, or both, at the 
 discretion of the court, and in case the disregard of the instruc- 
 tions of commission shall cause any accident whereby human life 
 shall be lost or passengers maimed or wounded, the said superin- 
 tendent of the said company, and the engineer and conductor in 
 charge of such train, shall severally be deemed guilty of a felony, 
 and on conviction thereof shall be imprisoned in the penitentiary 
 for a period of not less than two nor more than ten years, and 
 commission may wholly stop the running of passenger trains 
 over such defective track, bridge, or other structure; and it is 
 hereby required, in case any company fails to repair such track, 
 bridge, or other structure within the time required, to give notice 
 to such fact in some newspaper having a general circulation along 
 the line of said railroad, to the traveling public. And, further- 
 more, commission may recover from said railroad company the 
 sum of $1,000 for each day that expires after the time fixed by 
 commission for the repair of such defective track, bridge, or other 
 structure, for such neglect to repair the same, unless good and 
 sufficient cause can be shown for such failure to repair such de- 
 fective track, bridge, or other structure, to be recovered before 
 any court having competent jurisdiction, for the use and benefit 
 of the state, after paying the costs of the advertisement herein 
 provided for. Acts igog, no. 16 j, sec. i. 
 
 The provisions of this act shall be regarded as cumulative, 
 and nothing herein shall be so construed as to repeal any other 
 
 2564 act now in force, nor to in any way ciirtail or limit the powers and 
 duties of commission. Same, sec. 2. 
 
 CALIFORNIA For public utilities, a provision identical with 
 
 2565 par. 2562. Stats, igii, ist. ex. sess., ch. 14, sec. 42. 
 
 656 
 
t 
 
 I 
 
 CONNECTICUT Commission shall examine the several rail- 
 
 roads and street railways in the state once in each year, and 
 oftener when it deems that public safety so requires, and shall 
 make a like examination of any railroad or street railway within 
 
 2566 the limits of any town, when so requested in writing by the se- 
 lectmen of such town or by the authorities having control and 
 supervision of the streets and highways therein, and shall see 
 that such railroads and railways are kept in suitable repair, and 
 that the companies operating them faithfully comply with all 
 provisions of law. Gen. Stats. igo2, sec. 3887. 
 
 If, upon examination of any railroad or the affairs of any 
 railroad company, commission shall be of opinion that such road 
 is in such condition, or that the affairs of such company are so 
 conducted, as to endanger public safety, or that the company has 
 violated the law or refused to obey the directions of commission 
 
 SS67 or of the superior court, or any judge thereof, it may within one 
 year after said examination make application to any judge of such 
 court for an injunction to restrain any person from exercising or 
 attempting to exercise the duties of any officer in such company; 
 and such judge may proceed thereon as the superior court may do 
 on complaints for injunctions. Same, sec. 38 gy. 
 
 Commission shall, so far as is practicable, keep fully in- 
 formed as to the condition of the plant, equipment, and manner 
 of operation of all public service companies, in so far as the 
 safety of the public and of the employes of such companies may 
 be involved, and may order such reasonable repairs or alterations 
 in such plant or equipment, or such changes in the manner of 
 operation, as may be reasonably necessary for public safety or 
 for the health or safety of said employes. Pub. Acts igii, ch. 
 128, sec. 13. 
 
 Any person or any town, city, or borough may make com- 
 plaint, in writing, to commission, of any defects in any portion of 
 the plant or equipment of any public service company, or of the 
 manner of operating such plant, by reason of which the public 
 
 2569 safety or the health or safety of employes is endangered; and, 
 if he or it so requests, the name of the complainant shall not be 
 divulged unless in the opinion of commission the complaint is 
 such that publicity is demanded. Same, sec. 14. 
 
 Upon receipt of such complaint commission shall fix a time 
 and place for hearing thereon, and shall give due notice thereof 
 to all parties in interest, and shaU make such further investiga- 
 tion into the alleged conditions as it shall deem necessary. If, 
 
 657 
 
 w 
 
upon such hearing, commission shall find the conditions to be 
 
 2670 dangerous to public safety or to the safety of employes, it shall 
 make such order as may be necessary to remedy the same, and 
 shall furnish a copy of such order to the complainant, upon re- 
 quest. If commission finds that the complaint is not justified, it 
 shall so notify the complainant in writing, by registered letter, 
 specifying the reasons for such finding, and shall file a copy of 
 such notification in the office of commission. Same, sec. 75. 
 
 Every public service corporation shall comply, immediately, 
 with any order of commission made in accordance with the 
 provisions of the preceding section, and any company failing 
 
 2671 to comply with any such order shall be fined not more than 
 $1,000 for each offense, and shall be liable in double damages 
 for any injury or damage resulting to any person from such 
 failure. Same, sec. 16. 
 
 GEORGIA Commission shall upon complaint made, in- 
 
 spect for itself, or through an agent, the railroads or any railroad 
 or any part of any railroad in the state, and if the same is found 
 in an unsafe or dangerous condition, require the same put and 
 kept in such condition as will render travel over the same safe 
 
 2572 and expeditious; provided, that reasonable time be given the 
 railroad authorities in which to accomplish the work or repairs 
 that may be required or ordered; provided, that this act shall not 
 limit or affect the liability of railroads in cases of damage to per- 
 son or property. Acts i8gi, no. yio, sec. i.^ 
 
 Any railroad failing or refusing to obey the orders of com- 
 mission within the time allowed for said work, shall be liable to a 
 penalty of not more than $5,000 to be recovered by a suit brought 
 
 2673 in the name of the state, in which suit the attorney general or 
 solicitor general shall represent the state, and his fees shall be 
 the same as now provided by law. Suits shall be brought in the 
 county where the wrong or violation occurs. Same, sec. 2. 
 
 ILLINOIS Whenever it shall come to the knowledge of 
 
 commission by complaint or otherwise, that any railroad bridge 
 or trestle, or any portion of the track of any railroad in the state 
 is out of repair, or is in an unsafe condition, commission shall in- 
 vestigate, or cause an investigation to be made of the condition; 
 
 » Commission, upon complaint made, shall inspect for themselves, or through an agent 
 any railroad or any part of any railroad in this state, and if the same is found in an unsafei 
 or dangerous condition, it shall require the same put and kept in such condition as will| 
 render travel over the same safe and expeditious; reasonable time shall be given the rail-j 
 road authorities in which to accomplish the work or repairs required. This section shalll 
 not limit or affect the liability of railroads in cases of damage to person or property. Cod*\ 
 I Oil, sec. 26 3Q. 
 
 658 
 
of such railroad bridge, trestle or tracks, and may employ such 
 person or persons who may be civil engineer or engineers, as it 
 shall deem necessary for the purpose of making such investigation, 
 and whenever in the judgment of commission after such investi- 
 gation, it shall become necessary to rebuild such bridge, track or 
 trestle, or repair the same, commission shall give notice and in- 
 formation in writing to the corporation of the improvements and 
 changes which it may deem to be proper. And shall recommend 
 to the corporation or person or persons owning or operating such 
 railroad, that it, or he, or they, make such repairs, changes or 
 improvements, or rebuild such bridge or bridges on such rail- 
 road, as commission shall deem necessary to the safety of per- 
 sons and property being transported thereon. And commission 
 shall give such corporation or person or persons owning or opera- 
 ting said railroad an opportunity for a full and fair hearing on the 
 subject of such investigation and recommendation. And com- 
 mission shall, after having given such corporation or person or 
 persons operating such railroad an opportunity for a full hearing 
 thereon, if such corporation or person shall not satisfy comcnis- 
 sion that no action is required to be taken by it or them, fix a 
 time within which said changes or repairs shall be made, or such 
 2574 bridges, tracks or culverts shall be rebuilt, which time commission 
 may extend. It shall be the duty of the corporation, person, or 
 persons, owning or operating said railroad to comply with such 
 recommendations of commission as are just and reasonable. 
 And the supreme court or the circuit court in any circuit in which 
 said railroad may be in part situated, shall have power in all 
 cases of such recommendations by commission to compel com- 
 pliance therewith by mandamus. If any such corporation or 
 person or persons owning or operating any such railroad shall, 
 after such hearing, neglect or refuse to comply with the recom- 
 mendation or recommendations of commission as to making any 
 repairs, changes or improvements on any bridge, track or trestle, 
 or to rebuild any bridge within the time fixed by commission 
 therefor, commission shall report such neglect or refusal, to- 
 gether with the facts in such case, touching the necessity for such 
 repairs, changes or rebuilding to the attorney general of the 
 state, who shall thereupon take such action as may be necessary 
 to seciu-e compliance with such recommendations of commission. 
 In an actions or proceedings brought by the attorney general to 
 compel compliance with the recommendations of commission the 
 findings of commission shall be prima facie evidence of the facts 
 
 659 
 
therein stated, and the recommendation of commission shall be 
 deemed prima facie just and reasonable. Nothing herein con- 
 tained shall impair the legal liability of any railroad company for 
 the consequence of its acts. And all existing remedies therefor 
 are hereby saved to the people and to individuals. Revisal 1909, 
 ch. 114, sec. 177a. 
 
 IOWA Commission shall, from time to time, care- 
 
 fully examine into and inspect the condition of each railroad, its 
 equipment and the manner of its conduct and management 
 within the state; shall make semi-annual examinations of its 
 bridges and report the condition thereof to the company to 
 
 2576 which they belong; and if foimd by it unsafe it shall imme- 
 diately notify the railroad company whose duty it is to put the 
 same in repair, which shall be done by it within ten days after 
 receiving such notice. If any corporation fails to perform this 
 duty, commission may forbid and prevent it from running trains 
 over the same while unsafe. Code i8q7, sec. 21 ij. 
 
 KANSAS See par. 264. 
 
 LOUISIANA Commission shall inspect railroads and re- 
 
 quire them to keep their tracks and bridges in a safe condition 
 
 M76 and enforce the same by having the penalties hereby prescribed 
 inflicted through the proper courts having jurisdiction. Const., 
 art. 284. 
 
 MAINE A majority of commission or one member 
 
 thereof annually between the first of April and October and 
 at any other time on application or whenever they think neces- 
 sary shall carefully examine the tracks, rolling stock, bridges, 
 viaduct and culverts of all railroads; and shall annually in 
 
 M77 December make a report to the governor of their official do- 
 ings, therein stating the condition of the road and rolling stock, 
 with such facts as they deem of public interest or which he 
 may require; and all persons managing railroads shall give 
 commission such information as they at any time request. 
 Rev. Stats, igoj, ch. 5/, sec. 50. 
 
 Every railroad corporation shall, when requested by com- 
 mission, have an examination made of any iron bridge or other 
 structure, by a competent and experienced mechanical engi- 
 neer, who shall report to commission forthwith the results of his 
 
 2578 examinations, his conclusion and recommendations, and trans- 
 
 660 
 
mit a copy of the same to the corporation. The report shall 
 furnish such information in detail, and with such drawings and 
 prints, as may be in writing requested by commission. Samey 
 sec. 52. 
 
 Every railroad corporation shall furnish all reasonable 
 r 2679 facilities to commission for the prompt and faithful discharge 
 of the duties prescribed under this chapter. Same, sec. 55. 
 
 If commission at any examination, find the track, culverts, 
 bridges or rolling stock in use so out of repair as to be unsafe for 
 S680 travelers, it shall immediately notify the managers of said road 
 of its condition, and the time in which the repairs shall be made; 
 and may require them to reduce the speed of all trains until the 
 repairs are made. Same, sec. 54. 
 
 If said managers do not comply with such requirements, 
 commission shall petition the supreme judicial court in any 
 county where the railroad extends, setting forth its examination, 
 the condition of the road, the notice and requirement, and re- 
 fusal to comply; and shall notify the • attorney general or the 
 attorney of such county, of the filing of said petition, one of 
 whom shall appear and take charge of the proceedings in court. 
 The court shall order a notice thereon and appoint a hearing; 
 and after a hearing, may order such things to be done by the 
 ' 2681 managers of the road as it deems necessary to secure the safety 
 of travelers; and unless such managers execute a bond to the 
 state, with sufficient sureties, for such sum as the court deems 
 necessary to make the repairs, conditioned that they will, 
 within the time fixed by the court, make the repairs or otherwise 
 satisfy the court that they will be so made, the court shall issue 
 an injunction on said corporation and its managers, prohibiting 
 the running of any passenger trains over the portion of the road 
 found to be unsafe, until the order has been complied with or 
 revoked. Same, sec. 55. 
 
 When, in the opinion of commission, the passage of passenger 
 trains over any portion of a railroad would be attended with 
 imminent danger, it may notify the president or superintendent of 
 such road and order the immediate stopping of all passenger 
 2682 trains about to run over such portion thereof. If its order is not 
 obeyed, commission shall at once apply to some justice of the 
 supreme judicial coiut, who may, upon satisfactory proof of the 
 necessity for such order, and without notice to said company, 
 issue an injunction prohibiting the running of passenger trains 
 over said road until further order of the court. Same, sec. 56. 
 
 661 
 
Bridges erected by any municipality, over which any street 
 railroad passes, shall be constructed and maintained in such man- 
 ner and condition, as to safety, as commission may determine. 
 Commission may require the officers of the railroad company and 
 of the municipality to attend a hearing in the matter, after such 
 notice of the hearing to all parties in interest as commission may 
 deem proper. Said commission shall determine at such hearing 
 
 2583 the repairs, renewals or strengthening of parts, or if necessary, 
 the manner of rebuilding such bridge, required, to make the same 
 safe for the uses to which it is put. It shall determine who shall 
 bear the expenses of such repairs, renewals, strengthening or re- 
 building, or it may apportion such expense between the railroad 
 company and the city or town, as the case may be, in such man- 
 ner as shall be deemed by commission just and fair, and shall 
 make its report as hereinafter provided. Same, sec. 75. 
 
 Commission shall make a report in writing of its decision in 
 all matters named in the three preceding sections, file the same in 
 its office and cause a copy of such decision to be sent by mail to 
 each of the railroad corporations, or the mimicipal officers of the 
 cities or towns, as the case may be, interested therein. Such de- 
 
 2584 cision shall be final and binding upon all parties named, .unless an 
 appeal therefrom shall be taken and entered in the next suc- 
 ceeding term of the supreme judicial court, to be held in the 
 county where the crossing or bridge is located, after 30 days from 
 the date of the report. Same, sec. 'j6. 
 
 If any appeal shall be taken as provided in the preceding 
 section, the appellant shall within 30 days from the date of the 
 filing of such decision, file in the office of commission, its reasons 
 of appeal, and 14 days at least before the sitting of the appellate 
 court, it shall cause a copy of such reasons, certified by the clerk 
 of commission, to be served upon such other interested corpora- 
 tion or mtinicipality. The presiding justice, at such term of 
 
 2585 court, shall make such order or decree thereon as law and justice 
 may require. Exceptions may be taken to such order or decree. 
 The final adjudication shall be recorded by the clerk of courts in 
 the county where the crossing or bridge is located, and a copy of 
 the same shall be certified by said clerk to commission for record 
 in its office. Costs may be taxed and allowed to either party at 
 the discretion of the court. Same, sec. 77. 
 
 MASSACHUSETTS Commission shall have the general supervision 
 of all railroads and railways, and shall examine the same, and 
 commission shall keep itself informed as to the conditions of 
 
 662 
 
railroads and railways and the manner in which they are operated 
 with reference to the security and accommodation of the public, 
 and as to the compliance of the several railroad corporations and 
 street railway companies with their charters and the laws of the 
 
 2566 state. Commission may from time to time require railroad cor- 
 porations and street railway companies to install and maintain 
 at such places upon the railroad or street railway premises as it 
 shall designate such block or other signals or devices as it shall ap- 
 prove for the purpose of safeguarding public travel. The su- 
 preme judicial court shall have jurisdiction in equity to enforce 
 compliance with any order issued by commission imder authority 
 of this section. Acts iqo6, ch. 46 j, pt: i, sec. 6. 
 
 Railroad and street railway inspectors who are appointed 
 under the provisions of section one, shall under the direction of 
 commission, examine the roadbed, tracks, crossings, stations, 
 rolling stock, machinery, equipments, appliances and groimds 
 used in or in connection with the operation of railroads or street 
 railways and if they are considered by an inspector not to be in 
 
 2687 compliance with the requirements of law, or to be in such condi- 
 tion as to endanger the safety of the public or of employes he 
 shall so report in writing to commission, which, if it considers it 
 necessary, shall give notice to the corporation or company, or to 
 the persons who own or operate the railroad or street railway, of 
 such failure to comply with the requirements of the law or of such 
 defects, with such recommendation as it may consider necessary 
 or proper. Same, sec. 56. 
 
 Every railroad corporation and street railway company 
 shall, upon request of commission, and at least once in two years, 
 cause an examination of its bridges and of the approaches thereto 
 to be made by a competent engineer, who shall report the result 
 of his examination, his conclusions and recommendations to the 
 corporation or company, and it shall forthwith transmit a copy of 
 the report to commission. Before a street railway company 
 builds a bridge, it shall first submit the plans thereof to commis- 
 
 2588 sion for approval. Upon the completion of a new bridge, the 
 railroad corporation or street railway company shall forthwith 
 cause such examination and report to be made and transmitted 
 to commission. The report shall furnish such information, in 
 such detail and with such drawings or prints as may be requested 
 in writing by commission. Said commission may make further 
 examination of the bridge structure if necessary or expedient. 
 The provisions of this section shall not exempt a corporation from 
 
 663 
 
making other and more frequent examinations of its bridges and 
 the approaches thereto. Same, sec. 58. 
 
 MICHIGAN Whenever commission shall have reasonable 
 
 grounds to believe, either on complaint or otherwise, that any of 
 the equipment, cars, tracks, bridges or other structures of any 
 common carrier of this state are in a condition which renders any 
 of them dangerous or imfit for the transportation of passengers 
 with reasonable safety or unreasonably endangering the em- 
 ployes of such carrier, it shall inspect and examine, or cause to be 
 inspected, examined and tested by some competent person or 
 persons, and for that purpose it may employ some other person 
 possessing especial knowledge and skill in the construction of 
 railroads and bridges, as an expert, and if, on such examination, 
 in its opinion any such equipment, cars, tracks, bridges or other 
 structures be dangerous or imfit for the transportation of passen- 
 gers with reasonable safety, or unreasonably endanger the em- 
 ployes of such carrier, it shall give the superintendent or other 
 executive officer of the corporation working or operating said de- 
 fective, dangerous or imfit equipment, car, track or bridge or 
 other structure, notice of the condition thereof, and of the re- 
 pairs or changes necessary to place the same in a reasonably safe 
 condition, and of the time within which such repairs or changes 
 shall be made. It may also order and direct the rate of speed of 
 passing trains or cars over such dangerous or defective track, 
 
 2S89 bridge or other structure, imtil the said repairs shall be made. If 
 any superintendent or other executive officer aforesaid, receiving 
 such notice or order to direct the proper subordinate officers of 
 said corporation to run the passenger trains or cars over such de- 
 fective track, bridge, or other structure, at the speed so pre- 
 scribed by commission, or if any engineer, conductor or other 
 employe of such company shall knowingly disobey such order, 
 every such superintendent, officer, conductor or employe shall 
 be deemed guilty of a misdemeanor, and upon conviction thereof 
 shall be ptmished as provided in section 43 of this act. Com- 
 mission may wholly prohibit the running of passenger trains or 
 cars over such defective, dangerous or unfit track, bridge or other 
 structure, or the use of such dangerous, unfit or defective equip- 
 ment or car, if said company shall neglect or without reasonable 
 cause fail to make such repairs within the time prescribed by com- 
 mission; and such company, for each and every day that ensues 
 thereafter, and until such changes or repairs are made, shall for- 
 feit and pay to the state the simi of $100. In case of the employ- 
 
 664 
 
ment of an expert, as provided for in this section, commission 
 shall issue a certificate, which shall set forth the amount of time 
 said expert has been employed, and the pay he is to receive there- 
 for, which certificate shall entitle the holder thereof to receive 
 the amoimt mentioned therein in the same manner as other em- 
 ployes of the state are paid. Puh. Acts igog, no. ^oo, sec. J4. 
 See also par. 212. 
 
 MISSISSIPPI Commission shall upon complaint by petition, 
 
 or whenever it may have knowledge otherwise of any insecure 
 bridge, trestle, tunnel, or roadbed, inspect the same, and, if 
 necessary, procure the services of a competent engineer to ex- 
 amine the same; and, after giving notice to the railroad, may de- 
 clare such bridge, trestle, tunnel, or roadbed imsafe, and make 
 such recommendations to the railroad relative thereto as it may 
 
 2590 deem proper; and after such bridge, trestle, tunnel, or roadbed be 
 declared to be, in the judgment of commission, imsafe, and the 
 same be not made safe, and any accident occtir arising out of such 
 imsafe condition, then the finding of commission shall be prima 
 facie evidence in any suit for damages against the railroad of ctil- 
 pable negligence, and will justify ptmitive damages. The cost of 
 examination by a competent engineer shall be paid as the ex- 
 penses of commission are paid, after the allowance of the same by 
 commission. Code igo6, sec. 486g. 
 
 Commission, through its several members, shall inspect 
 every railroad whenever it shall deem the same necessary, and it 
 must inspect all the railroads once in each year, and the results 
 must be entered upon the minutes of commission and embraced in 
 its reports, and must embrace information as to the condition of 
 
 2591 the roadbed, bridges, trestles, rolling stock, and depots, with 
 such other as commission may deem proper. Whenever com- 
 mission shall find any roadbed, trestle, bridge, timnel, switch, 
 or any part of a railroad track, or any rolling stock in actual use, 
 in an unsafe condition, it shall direct the railroad company to 
 make the necessary repairs. Same, sec. 4870. 
 
 MISSOURI Identical with par. 2563. Rev. Stats, igog, 
 
 2592 sec. 32 jg. 
 
 NEBRASKA Commission may examine into and inspect, 
 
 from time to time, the condition of each railway, or common car- 
 rier, its equipment, and the manner of its conduct and manage- 
 ment with regard to the public safety and convenience in the 
 state; and if any part thereof is found in an imsafe and dangerous 
 
 665 
 
condition commission shall immediately notify the railway com- 
 2693 pany or common carrier whose duty it is to put the same in 
 repair, which shall be done by it within a reasonable time after re- 
 ceiving such notice, and if any railway company or common car- 
 rier subject to the provisions of this act fails to perform this duty, 
 commission may enjoin and prevent it from nmning trains over 
 the same while in such unsafe and dangerous condition. Cob- 
 bey^ s Annot. Stats, igog, sec. io6jo{i). 
 
 NEW YORK Commission may, on the application of any 
 
 railroad corporation, authorize it to use any other safeguard or 
 device approved by commission, in place of any safeguard or de- 
 
 2594 vice hereinbefore required by this article, wh"ch shall thereafter 
 be used in lieu thereof, and the same penalties for neglect or re- 
 fusal to use the same shall be incurred and imposed as for a failure 
 to use the safeguard or device hereinbefore required, in lieu of 
 which the same is to be used. Laws igio, ch. 481, sec. 75. 
 
 NORTH CAROLINA Commission shall from time to time carefully 
 examine into and inspect the condition of each railroad, its equip- 
 
 2695 ment and facilities, in regard to the public's safety and conveni- 
 ence ; and if any are foimd by it to be unsafe, it shall at once notify 
 and reqmre the railroad company to put the same in repair. 
 PeiVs Revisal igo8, sec. logj^j). 
 
 NORTH DAKOTA Every railroad, bridge corporation, or ferry 
 company doing business in the state shall make semi-annual re- 
 ports in each year to commission as to the safety of their bridges 
 and ferries. Whenever, in the judgment of commission, it shall 
 appear that any railroad, railroad corporation or common car- 
 rier fails n any respect or particular, to comply with the terms of 
 its charter or the laws of the state, or whenever in its judgment 
 any repairs are necessary upon its road, or any addition to its 
 rolling stock, or any addition to or change of its stations or 
 station houses, or any change in its rate or fares for transporting 
 freight, property or passengers, or any change in the mode of 
 
 2596 operating its road and conducting its business, is reasonable and 
 expedient in order to promote the security, convenience and ac- 
 commodation of the public, said commission shall inform such 
 railroad corporation of the improvements and changes which it 
 adjudges to be proper, by a notice thereof in writing, to be served 
 by leaving a copy thereof, certified by the commission's secretary, 
 with any station agent, clerk, treasurer or any director of said 
 
 666 
 
corporation, and a report of the proceedings shall be included in 
 the annual report of commission to the governor. Nothing in 
 this section shall be construed as relieving any railroad company 
 or railroad corporation from its present responsibility or liability 
 for damage to person or property. Rev. Codes iQO^, sec. 436^. 
 See also par. jiy. 
 
 OHIO If, on complaint or otherwise, commission has 
 
 reasonable groimds to believe that any of the tracks, bridges, or 
 other structures of a railroad are in a condition which renders 
 them dangerous or unfit for the transportation of passengers, it 
 shall forthwith inspect and examine them, and, if of opinion that 
 they are imfit for the transportation of passengers with safety, it 
 shall immediately give to the superintendent, or other executive 
 officer of the company operating such road, notice of the condition 
 
 2597 thereof, and of the repairs or reconstruction necessary to place 
 them in a safe condition. Commission may prescribe the time 
 within which such repairs or reconstruction must be made, and 
 the rate of speed for trains passing over such dangerous or de- 
 fective track, bridge or other structure, imtil the repairs or re- 
 construction required are made. If, of opinion that it is need- 
 ful and proper, it may forbid the running of passenger trains over 
 such defective track, bridge or other structure. Code igio, sec. 
 
 5S5. 
 
 Whoever, being the superintendent or other executive officer 
 of a company operating a railroad, receives from commission 
 notice of a prescribed rate of speed for trains passing over a de- 
 fective track, bridge or other structure, or forbidding the running 
 of passenger trains over such defective track, bridge or other 
 structure, neglects for two days after receiving such notice to 
 S598 direct the proper subordinate officer to run the passenger trains 
 over such defective track, bridge or other structure, at a speed not 
 greater than that so prescribed, or, if the running of a passenger 
 train is so forbidden, to stop running passenger trains over it, or, 
 an engineer, conductor or other employe who knowingly disobeys 
 such order, shall be fined not exceeding $500 or imprisoned in the 
 county jail not exceeding one year, or both. Same, sec. 586. 
 
 If the company operating such road neglects or without good 
 cause fails to make the repairs or reconstruction prescribed by 
 commission within the time limited by it, for each day that such 
 repairs or reconstruction is delayed beyond the time prescribed, 
 such company shall forfeit and pay to the state the sum of $100. 
 Same, sec. j8y. 
 
 667 
 
OREGON Commission shall from time to time, and as 
 
 often as once each year, carefully examine and inspect the 
 physical condition of each railroad in the state, its roadbed, 
 stations, equipment, and the manner of its conduct and man- 
 agement with reference to the safety of the public and the em- 
 
 2600 ployes of such railroad, and the convenience of the public, and 
 shall report the result of its investigations to the railroad com- 
 pany, together with its recommendations thereon; provided, that 
 this section shall not be construed as repealing any existing law 
 on the subject. Gen. Laws igoj, ch. 5j, sec. 22. 
 
 See also par. 1022. 
 
 RHODE ISLAND If upon hearing and investigation commission 
 shall find that the regulations, practices, acts, plant or equip- 
 ment, appliances, or service of any public utility, or any con- 
 dition suffered, permitted or maintained by any public utility, is 
 unsafe, or improper, or that the public safety is endangered 
 
 2601 thereby, commission shall by order determine the proper regu- 
 lations, practices, acts, plant or equipment, appliances or service 
 thereafter to be in force and to be observed, maintained and used 
 by such public utility, and may by order require any dangerous 
 or unsafe condition to be removed or remedied. Acts 191 2, ch. 
 7P5, sec. 23. 
 
 Whenever any highway bridge over which a street railway is 
 operated shall become unsafe for public travel, the public utility 
 operating such railway shall pay the whole expense of repairing, 
 strengthening, or reconstructing such bridge, if such bridge 
 would be safe for public travel if such railway were not operated 
 over it ; but if a reconstruction of such bridge or the construction 
 of a new bridge is required for any other cause, or if such bridge 
 w^ould be unsafe for public travel if such railway were not operated 
 over it, then so much of the expense of repairing, strengthening, 
 constructing, or reconstructing such bridge as may be equitable 
 shall be paid by the public utility operating such railway. In the 
 
 2602 event of any disagreement between such public utility and the 
 town or city bound by law to maintain any such bridge, as to the 
 necessity of any repair or reconstruction thereof, or as to the 
 character of such repair or reconstruction, or as to the apportion- 
 ment of the expense of such repair or reconstruction, commission, 
 upon application of any party in interest, and after due hearing, 
 shall, subject to the provisions of section 34, make such orders as 
 it shall deem necessary, in the interest of public safety, for the 
 repair, strengthening, or reconstruction of such bridge, and shall 
 
 668 
 
determine in accordance with the principle herein stated the 
 portion of the expense of such repair, strengthening, or recon- 
 struction which shall be borne by such public utility. Same, 
 sec. 53. 
 
 See also par. 1025. 
 
 SOUTH DAKOTA If any bridge, line, wire, facility or structure, 
 shall be deemed imsafe by commission, it shall notify the common 
 carrier immediately, and it shall be the duty of said common car- 
 rier to repair, or replace said bridge, line, wire, facility or structure, 
 in such manner and of such material and within such time as com- 
 mission may order. Whenever in the judgment of commission 
 it shall appear that any common carrier fails, in any respect or 
 particular, to comply with the terms of its charter or the laws of 
 the state, or whenever in its judgment any repairs are necessary 
 upon its road, or facilities, or any addition to its rolling stock, 
 or any stations or any additions to or change of its stations or 
 station houses or any change in its rates of fare transporting 
 
 S603 freight, passengers, express or messages, or any change in the 
 mode of operating its line or lines or conducting its business is 
 reasonable and expedient in order to promote the security, con- 
 venience and accommodation of the public, commission shall in- 
 form such common carrier of the improvements and changes 
 which it adjudges to be proper, by notice thereof in writing to be 
 served by leaving, or mailing by registered letter, a copy thereof, 
 certified by its secretary, to or with any station agent, clerk, 
 treasurer, or any director of said common carrier and a report of 
 the proceedings shall be included in the annual report of com- 
 mission to the legislature. Nothing in this section shall be con- 
 strued as relieving any common carrier from its present respon- 
 sibility or liability for damage to person or property. Sess. 
 Laws igii, ch. 2oy, sec. 2.^ 
 
 VERMONT See par. 405. 
 
 VIRGINIA See par. 409. 
 
 WASHINGTON If upon investigation commission shall find 
 
 that the eqmpment or appliances in connection therewith, or the 
 apparatus, tracks, bridges or other structures of any common car- 
 rier are defective, and that the operation thereof is dangerous to 
 the employes of such common carrier or to the public, it shall 
 
 1 Commission is hereby vested with full jurisdiction to require any common carrier 
 doing business in this state to install any facility necessary for the safety, convenience and 
 accommodation of the public including telegraph lines and instruments and operators 
 therefor, and telephone lines and instruments. Sess. Laws igii, ch. 207, sec. 31. 
 
 669 
 
immediately give notice to the superintendent or other officer of 
 such common carrier of the repairs or reconstruction necessary 
 
 2604 to place the same in a safe condition, and may also prescribe the 
 rate of speed for trains or cars passing over such dangerous or de- 
 fective track, bridge or other structure until the repairs or re- 
 construction required are made, and may also prescribe the time 
 within which the same shall be made. Or if, in its opinion, it is 
 needful or proper, it may forbid the running of trains or cars over 
 any defective track, bridge or structure imtil the same be repaired 
 and replaced in a safe condition. Laws igii, ch. iiy, sec. 65. 
 
 2606 There shall be no appeal from or action to review any order of 
 
 commission made imder the provisions of this section. Same. 
 
 Commission shall, as soon as practicable, after the taking 
 effect of this act, designate the number, dimensions, location and 
 manner of application of the appliance provided for herein, or 
 such as may be prescribed by commission, and shall give notice of 
 such designation to all railroad companies and street railroad 
 companies by such means as commission may deem proper, and 
 thereafter such number, dimensions, location and manner of ap- 
 plication as designated by commission shall remain as the stand- 
 ards of equipment to be used on all cars and locomotives subject 
 to the provisions of this act. Commission may add to, change or 
 modify said standards of equipment at any time or provide dif- 
 ferent standards under different circumstances and conditions; 
 provided, that commission may, upon full hearing, for good cause, 
 extend the period within which any railroad or street railroad may 
 comply with the provisions of this section with respect to the 
 
 2606 equipment of locomotives or cars actually in service at the date 
 of the passage of this act. Commission is hereby given authority 
 to fix the time within which such modification or change shall 
 become effective or obligatory. After the time so fixed it shall 
 be unlawful to use any car, motor, or locomotive which does not 
 comply with the standards so prescribed by commission; pro- 
 vided, that when any car, motor or locomotive shall have been 
 properly equipped as provided in this act, and such equipment 
 shall have become defective or insecure while such car, motor or 
 locomotive was being used by such railroad company upon its 
 line of railroad, such car, motor or locomotive may be hauled 
 from the place where such equipment was first discovered to be 
 defective or insecure to the nearest available point where such 
 car, motor or locomotive can be repaired, without liability for 
 the penalties imposed herein if such movement is necessary to 
 
 670 
 
make such repairs, and such repairs cannot reasonably be made 
 except at such repair point. Nothing in this proviso shall be 
 construed to permit the hauling of defective cars by means of 
 chains instead of drawbars in revenue trains, or in association 
 with other cars that are commercially used, unless such defective 
 cars contain live stock or perishable freight. Same, sec. 66. 
 
 It shall be unlawful for any railroad company or street rail- 
 road company to use or operate any car, motor, locomotive or 
 train that is defective, or any car, motor, locomotive or train 
 upon which any appliance, machinery or attachment thereto be- 
 longing is defective, or to knowingly operate its train over any de- 
 
 2607 fective track, bridge or other structure, excepting in cases of 
 emergency and imder proper precautions; provided, that this 
 section shall not apply to boarding and outfit cars when moved as 
 work trains, or to trains consisting wholly of logging trucks or of 
 logging trucks and a passenger car or caboose at the rear end 
 thereof, or of logging trucks, and not to exceed five freight cars 
 at the rear end thereof. Same. 
 
 It shall be the duty of the inspector of tracks, bridges, struc- 
 tures, and equipment, and such deputies as may be appointed, to 
 inspect all equipment, and appliances connected therewith, and 
 all apparatus, tracks, bridges and structures, depots and facilities 
 and accommodations connected therewith, and facilities and 
 accommodations furnished for the use of employes, and make such 
 reports of his inspection to commission as may be required. He 
 shall, on discovering any defective equipment or appliances con- 
 nected therewith, rendering the use of such equipment dangerous, 
 immediately report the same to the superintendent of the road 
 on which it is foimd, and to the proper official at the nearest 
 point where such defect is discovered, describing the defect. 
 Such inspector may, on the discovery of any defect rendering the 
 use of any car, motor or locomotive dangerous, condemn such 
 
 2608 car, motor or locomotive, and order the same out of service imtil 
 repaired and put in good working order. He shall, on discovering 
 any track, bridge or structure defective or imsafe in any particu- 
 lar, report such condition to commission, and, in addition thereto, 
 report the same to the official in charge of the division of such 
 railroad upon which such defect is foimd. In case any track, 
 bridge or structure is f oimd so defective as to be dangerous to the 
 employes or public for a train or trains to be operated over the 
 same, the inspector is hereby authorized to condemn such track, 
 bridge or structure and notify commission and the office in charge 
 
 671 
 
of the division of such railroad where such defect is found of his 
 action concerning the same, reporting in detail the defect com- 
 plained of, and the work or improvements necessary to repair 
 such defect. He shall also report to commission the violation of 
 any law governing, controlling or affecting the conduct of public 
 service companies in this state. Same, sec. 67. 
 
 The inspector, or such deputies as may be appointed, shall 
 have the right and privilege of riding on any locomotive, either on 
 freight or passenger trains or on the caboose of any freight train, 
 
 2609 for the purpose of inspecting the track on any railroad in this 
 state; provided, that the engineer or conductor in charge of any 
 such locomotive or caboose may require such inspector to pro- 
 duce his authority imder the seal of commission, showing that he 
 is such inspector or deputy inspector. Same. 
 
 The inspector, or such deputy inspector or inspectors as may 
 be appointed, shall, when required by commission, inspect any 
 street railroad, gas plant, electrical plant, water system, tele- 
 phone line or telegraph line, and upon discovering any defective or 
 
 2610 dangerous track, bridge, structure, equipment, apparatus, ma- 
 chinery, appliance, facility, instnmientality or building, rendering 
 the use of the same dangerous to the public or to the employes of 
 the company owning or operating the same, report the same to 
 commission, and to the official in charge of such road, plant, sys- 
 tem or line. Same. 
 
 WISCONSIN If upon inspection and examination commis- 
 
 sion shall deem that public safety requires the installation, 
 operation, and maintenance of some suitable protective appliance 
 at any grade crossing of the track or tracks of another steam 
 railroad or of any other electric or street railway surface road by 
 the track or tracks of said railroad or extension or branch thereof, 
 
 2611 commission may, before granting said order, after notice and 
 hearing as provided in section 1797-12, order the installation, 
 operation, and maintenance of such suitable protective appliance 
 and by whom to be installed, operated, and maintained, and 
 shall fix the proportion of the expense of constructing, main- 
 taining, and operating such protective appliance which shall be 
 paid by the owners of said tracks, respectively. Laws 1907, ch. 
 454, sec. 1797-57 ^ ^^ amended by Laws 1909, ch. 475. 
 
 It shall be the duty of every railroad to adopt reasonably 
 adequate safety measures and install, operate, and maintain 
 reasonably adequate safety devices for the protection of life and 
 property. If, after investigation, commission shall determine 
 
 672 
 
that public safety requires the installation, operation, and main- 
 
 2612 tenance of a block system or other safety device or measure by 
 any railroad, commission may, after notice and hearing as pro- 
 vided in section 1797-12, order such railroad to install, operate, 
 and maintain a block system, or other safety device or measure 
 as may be necessary to render the operation of such railroad 
 reasonably safe. Laws iQiiy ch. 2g'j, sec. lygy-ga. 
 
 When a complaint is lodged with commission by the com- 
 mon council of any city, the village board of any village, a mem- 
 ber of a town board, or a supervisor of highways, or by five or 
 more freeholders and taxpayers in any town, or five or more free- 
 holders of the coimty in which such bridge is located, and who are 
 users of such bridge or railway, to the effect that a bridge erected 
 over a stream intersecting a public highway or highways upon 
 which a railway is constructed and operated, is imsafe and 
 dangerous to travelers over such highway or highways or bridge 
 or railroad, and that public safety requires the alteration, the 
 repair or" reconstruction of such bridge, or the substitution of an- 
 other bridge therefor, commission shall give notice to the party or 
 parties in interest, other than the petitioners, of the filing of such 
 complaint, and to furnish a copy of the same to the party or 
 parties in interest other than the petitioners, and to order a hear- 
 ing thereon, in the manner provided for hearings in section 
 1797-12, and after such hearing the commission shall determine 
 
 2613 what alteration or repair or reconstruction of such bridge, and 
 the approaches thereto, shall be made, or if it shall determine that 
 public safety requires the substitution of a new bridge, it shall 
 determine the character, manner of construction and location 
 of such bridge and the approaches thereto. Commission shall 
 fix the proportion of the cost and expense of such alteration, re- 
 pair, reconstruction or substitution of a new bridge, including the 
 damage to any person whose land is taken, and the special 
 damage which the owner of any land adjoining the approaches 
 to said bridge shall sustain by reason of such alteration, repair, 
 reconstruction or substitution of a new bridge, to be paid by the 
 railroad company and the city, village or town in interest. 
 Commission may, in the absence of any petition therefor, when in 
 its opinion public safety requires the alteration, repair or re- 
 construction of any such bridge or the substitution of another 
 bridge therefor, after notice and hearing, as provided in section 
 1797-12, proceed in like manner as upon a complaint duly filed. 
 Laws igii, ch. ^go, sec. iygy-i2k. 
 
 673 
 
C. DUTY OF UTILITIES TO REPORT OR GIVE 
 NOTICE OF ACCIDENTS, AND AUTHORITY 
 OF COMMISSION TO INVESTIGATE THE 
 SAME AND MAKE RECOMMENDATIONS 
 WITH RESPECT THERETO. 
 
 UNITED STATES It shall be the duty of the general manager, 
 superintendent, or other proper officer of every common carrier, 
 engaged in interstate or foreign commerce^ by railroad to make to 
 commission, at its office in Washington, District of Columbia, a 
 monthly report, under oath, of all collisions, derailments, or other 
 accidents resulting in injury to persons, equipment, or roadbed 
 
 2614 arising from the operation of such railroad imder such rules and 
 regulations as may be prescribed by commission, which report 
 shall state the nature and causes thereof and the circumstances 
 connected therewith; provided that hereafter all said carriers 
 shall be relieved from the duty of reporting accidents in their 
 annual financial and operating reports made to commission. 
 Accident Report Act igio, sec. i. 
 
 Any common carrier failing to make such report within 30 
 days after the end of any month shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof by a court of competent 
 
 S615 jurisdiction shall be punished by a fine of not more than $100 for 
 each and every offense and for every day during which it shall fail 
 to make such report after the time herein specified for making 
 the same. SamCy sec. 2. 
 
 Commission may investigate all collisions, derailments, or 
 other accidents resulting in serious injury to person or to the 
 property of a railroad occurring on the line of any common car- 
 rier engaged in interstate or foreign commerce by railroad. Com- 
 mission or any impartial investigator thereunto authorized by 
 commission, may investigate such collisions, derailments, or other 
 accidents aforesaid, and all the attending facts, conditions, and 
 circumstances, and for that purpose may subpoena witnesses, 
 administer oaths, take testimony, and require the production of 
 books, papers, orders, memoranda, exhibits, and other evidence, 
 
 2616 and shall be provided by said carriers with all reasonable facili- 
 ties; provided, that when such accident is investigated by a com- 
 
 1 The term " interstate commerce " as used in this act, shall include transportation 
 from any state or territory or the District of Columbia to any other state or territory or 
 the District of Columbia, and the term " foreign commerce," as used in this act, shall in- 
 clude transportation from any state or territory or the District of Columbia to any foreign 
 country and from any foreign country to any state or territory or the District of Colum- 
 bia. Accident Report Act 1910, sec. 7. 
 
 674 
 
 I 
 
mission of the state in which it occurred, the interstate commerce 
 commission shall, if convenient, make any investigation it may 
 have previously determined upon, at the same time as, and in 
 connection with, the state commission investigation. Said com- 
 mission shall, when it deems it to the public interest, make reports 
 of such investigations, stating the cause of accident, together with 
 such recommendations as it deems proper. Such reports shall 
 be made public in such manner as commission deems proper. 
 Same, sec. j. 
 
 Neither said report nor any report of said investigation nor 
 any part thereof shall be admitted as evidence or used for any 
 
 2617 purpose in any suit or action for damages growing out of any 
 matter mentioned in said report or investigation. Same, sec. 4. 
 
 Commission may prescribe for such common carriers a 
 
 2618 method and form for making the reports hereinbefore provided. 
 Same, sec. 5. 
 
 ALABAMA Every person, corporation, company or asso- 
 
 ciation operating a railroad shall give notice to commission of 
 every accident happening on any portion of its line in this state, 
 which is attended with death or maiming or other serious injury 
 to the person of any one within five days thereafter, giving facts 
 
 2619 and circumstances of such accident, which any one or more of the 
 commissioners may investigate, and the result of such injury, 
 with such details as they may deem necessary shall be entered 
 upon the record of the proceedings of commission. Code igoy, 
 sec. 5666. 
 
 ARIZONA, CALIFORNIA Commission shall investigate the cause 
 of all accidents occurring within this state upon the property of 
 any public service corporation ^ or directly or indirectly arising 
 from or connected with its maintenance or operation, resulting in 
 loss of life or injury to persons or property and requiring, in the 
 judgment of commission, investigation by it, and may make such 
 order or recommendation with respect thereto as in its judgment 
 may seem just and reasonable; provided, that neither the order 
 
 ^2620 or recommendation of commission nor any accident report filed 
 with commission shall be admitted as evidence in any action for 
 damage based on or arising out of the loss of life, or injury to per- 
 son or property, in this section referred to. Every public service 
 corporation^ is hereby required to file with commission, under 
 such rules and regulations as commission may prescribe, a report 
 
 1 "Public utility," in California. 
 
of each accident so occurring of such kinds or classes as commis- 
 sion may from time to time designate. Ariz. — Sess. Laws igiz, 
 ch. go, sec. 44; Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 44. 
 
 COLORADO Every common carrier shall, whenever an acci- 
 
 dent attended by bodily injury or loss of human life occurs in this 
 
 2621 state on its line of road or on its ground or in its yards, give imme- 
 diate notice thereof to commission. Laws igio, sp. sess., ch. 5, 
 sec. 26. 
 
 In the event of any such accident, commission, if it shall 
 deem the public interest to require it, shall cause a suitable inves- 
 
 2622 tigation to be made forthwith, and shall give reasonable notice 
 thereof to the person and common carriers primarily interested. 
 Same. 
 
 The expense of such investigation shall be certified by a ma- 
 
 2623 jority of commission and shall be audited and paid by the state 
 in the same manner as other expenses are audited and paid. 
 Same. 
 
 Commission shall be empowered to make and enforce such 
 
 2624 rules as, in their judgment, will tend to prevent accidents in the 
 operation of the railroads of this state. Same. 
 
 CONNECTICUT Every railroad company shall, within 24 hours 
 
 after the occurrence of any accident attended with personal 
 injury, give notice of the same to commission in writing, who, 
 upon receiving such notice or upon public rumor of such accident; 
 
 2626 may repair, or dispatch one of their nimiber, to the scene of said 
 accident, and without charge, furnish any person injured, or the 
 friends of any person killed, any information they may have ac- 
 quired in relation to such accident, and the names of the persons 
 from whom the same was obtained or by whom the same may be 
 proved. Gen. Stats. igo2, sec. 3800. 
 
 Every public service company shall, in the event of any acci- 
 dent, attended with personal injury or involving public safety, 
 which was or may have been connected with or due to the opera- 
 tion of its plant or equipment, or caused by contact with its wires, 
 notify commission thereof, by telephone or otherwise, as soon as 
 
 2626 may be reasonably possible after the occurrence of such accident. 
 If said notice be given otherwise than in writing it shall be con- 
 firmed in writing within five days after this occurrence of such 
 accident. Any company failing to comply with the provisions of 
 this section shall be fined not more than $500 for each offense. 
 Pub. Acts igii, ch. 128, sec. ly. 
 
 676 
 
Commission shall examine into the causes of, and the circum- 
 stances connected with, all fatal accidents occurring in the opera- 
 tion of the plant or equipment of any public service company, 
 and such other accidents, whether resulting in personal injury 
 or not, as in its judgment, shall require investigation. Commis- 
 
 2627 sion shall make a record of the causes, facts, and circumstances 
 of each accident, within one month thereafter, and as a part of 
 said record shall suggest means, if possible, whereby similar acci- 
 dents may be avoided in the future. Such record shall be open to 
 public inspection at the office of commission and a copy thereof 
 shall be mailed to the company affected thereby. Same, sec, i8. 
 
 INDIANA Commission shall call together in convention, 
 
 at least once in every year, the division superintendents and such 
 other operating and dispatching officers and employes of the 
 steam railroads of this state, as commission may deem best, and 
 shall place before said convention the reports filed with commis- 
 sion with reference to railroad accidents that have taken place 
 
 2628 during the year, together with such findings and conclusions 
 thereon as commission shall have made, and said convention shall 
 thoroughly investigate said reports, findings and conclusions 
 and discuss the same with a view to taking such steps by com- 
 mission, by such railroad companies and by their officers and em- 
 ployes as may be necessary or expedient to prevent such accidents. 
 Burns' Annot. Stats. igo8, as amended, sec. 5300. 
 
 Every railroad company shall report to commission by 
 telegraph or telephone as soon as possible after it has occurred, 
 every accident and the general cause thereof, involving loss of 
 life, or serious injury to passenger or employe, and within 20 days 
 after such accident the company shall make a full report of the 
 cause thereof to commission and commission shall investigate in 
 such manner and by such persons, as it may deem best, the causes 
 of any accident on any railroad involving loss of life, and every 
 corporation at all times, shall furnish to commission, its appoint- 
 ees, or its inspectors any information relative to such accidents. 
 Such reports and information shall not be used in the trial of any 
 
 2629 suits for damages arising out of said accidents, and commission 
 shall not give publicity to such information if in its judgment the 
 public interests do not require it. After such investigation, com- 
 mission shall make a report to the railroad company of its conclu- 
 sion and recommendations regarding such accidents and the 
 causes thereof, and the proper steps to be taken by the railroad 
 company to prevent like accidents, and unless the railroad com- 
 
 677 
 
pany shall in a reasonable time comply with and cany out said 
 recommendations, commission shall make the same public, if it 
 shall deem best so to do, by publishing the same in any newspaper 
 or newspapers in the state, or in the locality where the accident 
 took place. Acts igii, ch. yd, sec. i{a). 
 
 IOWA Upon the occurrence of any serious accident 
 
 upon any railroad within this state, which shall result in personal 
 injury, or loss of life, the corporation operating the road upon 
 which the accident occurred shall give immediate notice thereof 
 to commission whose duty it shall be, if it deem it necessary, to 
 
 2630 investigate the same, and promptly report to the governor the 
 extent of personal injuries, or loss of life, and whether the same 
 was the result of mismanagement or neglect of the corporation on 
 whose line the injury or loss of life occurred. Provided, that 
 such report shall not be evidence or referred to in any case in any 
 court. Code i8gy, sec. 2120k. 
 
 KANSAS Every common carrier and every public utility 
 
 shall, whenever an accident attended with loss of himian life or 
 serious personal injury occurs upon its premises within this state, 
 give immediate notice thereof by telegraph to commission. In 
 the event of any such accident, commission, if it deem the public 
 interest requires it, shall cause an investigation to be made forth- 
 with, in connection with the labor commission, as now provided 
 
 2631 by law, which investigation shall be held in the locality of the 
 accident, unless for greater convenience of those concerned it 
 shall order such investigation to be held at some other place. 
 Said investigation may be adjourned from place to place as may 
 be found necessary and convenient. Commission shall season- 
 ably notify an officer or agent of the public utility or common car- 
 rier of the time and place of the investigation. Laws igii, ch. 
 238, sec. 32. 
 
 KENTUCKY Notice of every accident which may occur and 
 
 be attended with loss of life shall be given within five days there- 
 after by the company operating the road on which the accident 
 
 2632 occurred to commission, and such company shall furnish commis- 
 sion all information requested by it concerning the cause of the 
 accident. CarrolVs Stats, igog, sec. yyj. 
 
 MAINE Whenever a serious accident occurs within the 
 
 state to any passenger or freight train on any railroad, whether 
 any person be fatally injured or otherwise, notice thereof shall be 
 
 678 
 
2633 given immediately by telegraph, if practicable, otherwise in writ- 
 ing, by the officers of the company operating the railroad on 
 which the accident occurred, to commission. Rev. Stats. 1903, 
 ch. 52, sec. 66. 
 
 In the event of any such accident, commission or the chair- 
 man thereof, shall, if they or he deem the public interests require 
 it, cause an investigation to be made forthwith by commission, 
 which investigation shall be held in the locaHty of the accident, 
 unless, for reasons touching the convenience of all concerned, 
 commission shall order it to be commenced at some other place; 
 but in either case, the investigation may be adjourned to some 
 other suitable and convenient place. Commission or the chair- 
 man thereof, shall seasonably notify the officers of the company, 
 and also, if the accident shall have resulted fatally to one or more 
 persons, the coimty attorney of the county where the accident oc- 
 curred, of the time and place of the investigation. Commission 
 £ 2634 may issue subpoenas for witnesses, and the testimony of each wit- 
 ness shall be taken before a sworn stenographer and written out 
 in full and signed by the witness either at the time of the investi- 
 gation, or as soon thereafter as practicable. Prefixed to his sig- 
 nature shall be a statement that the deposition has been carefully 
 read by the witness, or carefully read to him, before signing. Im- 
 mediately after the investigation commission shall make a special 
 report, stating what it finds to be the cause of the accident, trans- 
 mit copies thereof to such county attorney, and the railroad cor- 
 poration concerned, and publish the same in its annual report. 
 The taxable costs of the investigation shall be made up and cer- 
 tified to the governor and coimcil by the board, and the same shall 
 be paid by the state. Witnesses in all such cases shall be allowed 
 the same fees as in the supreme judicial court. Same, sec. 6y. 
 
 MARYLAND Commission shall investigate the cause of all 
 
 accidents on any railroad or street railroad which result in loss of 
 life or injury to persons or property, and which in its judgment 
 shaU require investigation. Every common carrier is hereby 
 required to give notice to commission of every accident happening 
 
 2635 upon any line of railroad or street railroad, owned, operated, con- 
 trolled or leased by it, within 30 days after the happening of every 
 such accident, or in such manner as commission may direct. 
 Such notice shall not be admitted as evidence or used for any pur- 
 pose against such common carrier giving such notice in any suit 
 or action for damages growing out of any matter mentioned in 
 said notice. Laws igio, ch. 180, sec. 22. 
 
 679 
 
MASSACHUSETTS An inquest shall be held in all cases of death by 
 accident upon a railroad, and the court or justice holding such in- 
 quest or an inquest in case of death by accident upon a street 
 
 2636 railway shall give seasonable notice of the time and place thereof 
 to commission. The attorney general or the district attorney 
 may direct an inquest to be held in the case of death by any cas- 
 ualty. Rev. Laws ipo2, ch. 24, sec. 11. 
 
 If a magistrate has reason to believe that an inquest to be 
 held by him relates to the death by accident of a passenger or em- 
 ploye upon a railroad or of a traveler upon a public or private way 
 at a railroad crossing, or to a death by accident connected with 
 the operation of a street railway, he shall cause a verbatim report 
 of the evidence to be made and sworn to by the person making 
 it, and the report and the bill for services, after examination and 
 
 2637 approval in writing by such magistrate, shall be forwarded forth- 
 with to commission. Such bill when approved by commission 
 shall be forwarded to the auditor of accoimts and be paid by the 
 commonwealth, assessed on the several corporations owning or 
 operating the railroad or street railway on which the accident 
 occurred and shall be collected in the manner provided in section 
 ten of chapter 1 1 1 . The magistrate may, in his discretion, refuse 
 fees to witnesses in the employ of the company upon whose rail- 
 road the accident occurred. Same, sec. 14. 
 
 Companies, persons and municipalities engaged in the manu- 
 facture and sale of gas or electricity for light or fuel shall, within 
 24 hours, report, in writing, to commission every accident 
 Caused by the gas or electricity manufactured or supplied by 
 them, whereby an employe or other person is injured, killed or 
 rendered insensible, stating the time, place and circumstances of 
 
 2638 the accident and such other facts relative thereto as commission 
 may require. The chief of police of the city or town, and the 
 medical examiner of the district, in which such accident occurs 
 shall, in writing, report the same to commission. The chief of 
 police shall so report within 24 hours, and the medical examiner 
 within seven days, after he has notice thereof. The members 
 of commission shall personally investigate all cases which re- 
 quire investigation. Rev. Laws Jp02, ch. 121, sec. jq. 
 
 Commission shall investigate the causes of any accident on 
 
 2639 a railroad or railway which results in loss of life; and of other 
 accidents which, in its judgment, require investigation. Acts 
 jgo6y ch. 463, pL iy sec. 11. 
 
 An employe may make complaint in writing to commission 
 
 680 
 
S640 of a defect in the ways, works, machinery or appHances of a 
 raikoad or railway, and the name of the complainant shall not 
 be diviilged. Same, sec. 12. 
 
 An inspector shall, under the direction of commission, inves- 
 tigate as promptly as may be any accident upon a railroad or 
 street railway, or resulting from the operation thereof, which 
 causes the death or imperils the life of a passenger, employe or 
 
 2641 other person, and shall report thereon to commission. He shall 
 attend the inquest held in the case of any such death by accident, 
 and may cause any person who has knowledge of the facts or cir- 
 ctimstances connected with such death to be simimoned as a wit- 
 ness to testify at the inquest. Same, sec. 57. 
 
 Every railroad corporation and street railway company shall 
 give immediate notice of an accident on its railroad or railway, 
 which results in a loss of life, to the medical examiner of the 
 county who resides nearest to the place of accident, and shall also, 
 
 2642 within 24 hours, give notice to commission of any such accident 
 or of any accident of the description of accidents of which commis- 
 sion may require notice to be given. For each omission to give 
 such notice, the corporation or company shall forfeit not more 
 than $100. Same, sec. 62. 
 
 MICHIGAN Every common carrier shall, whenever an acci- 
 
 dent occurs within this state upon its line or road or on its depot 
 grounds or yards, give such notice thereof and make such report 
 thereof to commission as the regulations of commission shall 
 require. In the event of any accident commission, if it deem the 
 public interests require it, shall cause an investigation to be made 
 forthwith, which investigation shall be held within the locality of 
 the accident, unless for greater convenience of those concerned it 
 
 2643 shall order the investigation to be held at some other place, and 
 said investigation may be adjourned from place to place, as may 
 be found necessary and convenient. Commission shall season- 
 ably notify an officer of the company of the time and place of the 
 investigation. The cost of such investigation shall be certified 
 by the chairman of commission, and the same shall be audited 
 and paid by the state in the same manner as other expenses are 
 audited and paid and record or file of said proceedings and evidence 
 shall be kept by commission. Puh. Acts igog, no. joo, sec. jj. 
 
 MINNESOTA It shall be the duty of every railroad company 
 
 operating a Hne of railroad in this state to report all accidents, 
 wrecks or casualties occurring in this state to commission. This 
 
 681 
 
is intended to include all accidents, wrecks or casualties occurring 
 in the operation of trains or engines on said line or lines of railway 
 within this state, and all other accidents or casualties of whatever 
 natiire as may be required under rules adopted by commission. 
 Any reports to commission herein required shall not be for public 
 
 2644 inspection. All accidents or wrecks occurring in the operation of 
 trains or engines involving loss of life or personal injury, shall be 
 immediately reported to commission by telegraph or telephone 
 message, and the company shall forthwith send a written report in 
 detail giving full particulars available in such form as commission 
 may require. All other accidents, including accidents resulting 
 in personal injury or death, other than train accidents, shall be 
 reported to commission on the first day of each month, covering 
 the preceding month. Laws 1905, ch. 122, sec. i, as amended by 
 Laws ipoy, ch, 2go. 
 
 Whenever any report is made to commission involving a 
 wreck, accident or casualty, and commission deems it necessary, 
 it shall forthwith examine into the causes and circumstances of 
 the same, and it shall thereupon be the duty of commission to 
 order such railroad company to comply with any reasonable 
 requirement prescribed by commission, calculated to prevent 
 
 2645 the recurrence of any such wreck, accident or casualty, and it 
 shall be the duty of commission to report to the legislature bien- 
 nially a summarized statement of all wrecks, accidents or casual- 
 ties reported, together with a recommendation of such additional 
 legislation as it deems proper for the greater protection of pas- 
 sengers and employes of railroad companies. Same, sec. 2, as 
 amended by Laws igoy, ch. 290. 
 
 Every person who shall violate any of the provisions of this 
 act shall be guilty of a misdemeanor and shall be punished by a 
 
 2646 fine of not less than $100 nor more than $1 ,000 or imprisonment in 
 the coimty jail for not less than 30 days nor more than one year, 
 or shall suffer both such fine and imprisonment in the discretion 
 of the court. Same, sec. 3. 
 
 MISSISSIPPI It is the duty of the conductor and engineer, or 
 
 one of them, of any railroad train to which an accident has hap- 
 pened, attended with delay or serious personal injury, to immedi- 
 ately telegraph the same to the clerk of commission, at the capitol, 
 or if there be not a telegraph office where such accident occurs, as 
 soon thereafter as they can reach such office. And it shall be the 
 duty of the superintendent of every railroad whose train has 
 
 2647 suffered any such accident, within five days thereafter, to report in 
 
 682 
 
writing to commission the full particulars thereof, giving the names 
 of the persons killed or injured, if known, and amount and char- 
 acter of property destroyed together with the cause of the acci- 
 dent. It is the duty of the railroad to require such duties to be 
 performed; and if any railroad whose train has suffered any such 
 accident, shall fail to cause its conductor, engineer, and super- 
 intendent to perform such duties, it shall forfeit the sum of $ioo 
 to be recovered by any individual. Code igo6, sec. 4861. 
 
 One or more of the commissioners shall visit promptly the 
 scene of every accident to a railroad train accompanied by death 
 or serious bodily injury to a himian being, and inquire into the 
 
 2648 facts and circumstances, and make a proper report thereof, to be 
 recorded in the minutes and embraced in the annual report, with 
 proper reference to the report of the superintendent. Same, 
 sec. 4862. 
 
 MONTANA Commission or some members thereof, to be 
 
 deputed by it, shall investigate and make inquiry into every acci- 
 dent occurring in the operation of any railroad in this state, 
 
 2649 resulting in death or injury to any person, of such gravity as to 
 require the attention of a physician or surgeon, or in the destruc- 
 tion of property greater in value than $2000. The testimony 
 taken on any such hearing shall be transcribed and filed in the 
 office of commission. Reu. Codes iQoy, sec. 4379. 
 
 It is hereby made the duty of every railroad company operat- 
 ing any line of railroad within this state promptly upon the occur- 
 rence or in connection with the operation of its line within the 
 
 2650 state, of any accident such as is mentioned in the next preceding 
 section, to report the same to commission, in which report shall 
 be stated the time and place of the accident, the names of the per- 
 sons killed or injured, and the value of any property destroyed. 
 Same, sec. 4380. 
 
 NEVADA Every railroad shall, whenever an accident 
 
 attendant with loss of himian life occurs within this state, upon 
 its line of road or on its depot grounds or yards, give immediate 
 notice thereof to commission. In the event of any such accident, 
 commission, if it deem the public interest requires it, shall cause 
 "an investigation to be made forthwith, which investigation shall 
 be held in the locality of the accident, unless, for greater conven- 
 ience of those concerned, it shall order such investigation to be 
 
 2651 held at some other place, and said investigation may be adjourned 
 from place to place as may be fotmd necessary and convenient. 
 
 683 
 
Commission shall seasonably notify an officer or station agent of 
 the company of the time and place of the investigation. The cost 
 of such investigation shall be certified by the chairman of commis- 
 sion, and the same shall be audited and paid by the state in the 
 same manner as other expenses are audited and paid and a record 
 or file of said proceedings and evidence shall be kept by commis- 
 sion. Stats, igoy, ch. 44, sec. jo. 
 
 Every public utility shall, whenever an accident occurs in 
 the conduct of its operation, causing death or personal injuries, 
 
 2662 give immediate notice thereof, to commission. If in its judgment 
 the public interest requires it, commission shall cause an investi- 
 gation to be made forthwith, at such place and in such manner as 
 commission shall deem it best. Stats, igii, ch. 162, sec. 27. 
 
 NEW HAMPSHIRE Commission shall investigate the causes of all 
 accidents happening upon the railroads of the state resulting in 
 the loss of life and of all other accidents so happening which in the 
 opinion of commission ought to be investigated. Any such inves- 
 
 2663 tigation may be made by the fuU commission or by a single com- 
 missioner, as commission may determine. If such investigation 
 is made by a single commissioner, said commissioner for the 
 purposes of the partictdar investigation shall have and exercise 
 all the powers of the full commission. Laws 191 1, ch. 164, sec. 75. 
 
 NEW JERSEY Commission may after hearing, upon notice, 
 
 by order in writing, require every public utility to give such notice 
 to commission as commission may by rule require of any and all 
 accidents which may occur within this state upon the property 
 
 2664 of any public utility or directly or indirectly arising from or con- 
 nected with its maintenance or operation, and to investigate 
 any such accident and to make such order or recommendation 
 with respect thereto as in its judgment may be just and reason- 
 able. Laws igii, ch. 195, sec. iy{g). 
 
 NEW YORK Each commission shall investigate the cause of 
 
 all accidents on any railroad or street railroad within its district 
 which result in loss of life or injury to persons or property, and 
 which in its judgment shall require investigation. Every com- 
 mon carrier, railroad corporation and street railroad corporation 
 is hereby required to give immediate notice to commission of 
 
 2666 every accident happening upon any line of railroad or street 
 railroad owned, operated, controlled or leased by it, within the 
 territory over which such commission has jurisdiction in such 
 manner as commission may direct. Such notice shall not be ad- 
 
 684 
 
mitted as evidence or used for any purpose against such common 
 carrier, railroad corporation or street railroad corporation giving 
 such notice in any suit or action for damages growing out of any 
 matter mentioned in said notice. Laws igio, ch. 480, sec. 47. 
 
 NORTH CAROLINA Commission may investigate the causes of any 
 accident on a railroad or steamboat which it may deem to require 
 
 2656 investigation, and any evidence taken upon such investigation 
 shall be reduced to writing, filed in the office of commission, and 
 be subject to public inspection. PeWs Revtsal 1Q08, sec. 1065. 
 
 NORTH DAKOTA It shall be the duty of every railroad company 
 operating a line of railway in this state to report to commission 
 all accidents, wrecks, or casualties occurring in the operation of 
 
 2657 trains on said line or lines of railway within this state, coming 
 within the knowledge of the company, wherein any person is 
 either killed or injured, within reasonable time, not exceeding 60 
 days, in such form as commission may require. Laws igoy, ch. 
 20^, sec. I. 
 
 Whenever any such report is made to commission it shall 
 forthwith examine into the causes and circimistances of such 
 wreck, accident or casualty, and it shall thereupon be the duty 
 of commission to order such railroad company to comply with 
 any reasonable requirements prescribed by commission calcu- 
 
 2658 lated to prevent the recurrence of any such wreck, accident or 
 casualty, and it shall be the duty of commission to report to the 
 legislature biennally a summarized statement of all wrecks, acci- 
 dents or casualties that have come to its knowledge by reason of 
 this act, together with a recommendation of such additional legis- 
 lation as it deem proper for the greater protection of passengers 
 and employes of such railroads. Same, sec. 2. 
 
 Every person who shall violate any of the provisions of this 
 act shall be guilty of a misdemeanor and shall be punished by a 
 
 2659 fine of not less than $500 nor more than $2 ,000 or imprisonment in 
 the county jail for not less than 30 days nor more than one year, 
 or shall suffer both such fine and imprisonment in the discretion 
 of the court. Same, sec. 3. 
 
 OHIO Whenever an accident attended with loss of 
 
 human life occurs within this state upon the line of any railroad 
 
 2660 or on the depot grounds or yards thereof, such railroad shall give 
 immediate notice thereof to commission. Code igio, sec. S73- 
 
 In case of such accident, commission, if it deems the public 
 interest requires it, shall cause an investigation to be made forth- 
 
 685 
 
with which shall be held in the locality of the accident, unless, for 
 greater convenience of those concerned, it shall order it held at 
 
 2661 some other place. Such investigation may be adjourned from 
 place to place as it may be found necessary and convenient. 
 Commission shall give reasonable notice to an officer or station 
 agent of the company of the time and place of the investigation. 
 Same, sec. 574. 
 
 The cost of such investigation shall be certified by the chair- 
 
 2662 man of commission, and audited and paid by the state as other 
 expenses. A record or file of the proceedings and evidence shall 
 be kept by commission. Same, sec. ^yj. 
 
 OREGON Every railroad shall, whenever an accident 
 
 attended with loss of human life or limb, or with serious injury to 
 person or property, occurs within this state upon its line of road or 
 on its depot grounds or yards, give immediate notice thereof to 
 commission, stating the particulars thereof; provided, that 
 neither said report nor any part thereof shall be used as evidence 
 or used for any purpose against such railroad so making such re- 
 port in any suit or action for damages growing out of any matter 
 mentioned in said report. In the event of any such accident 
 commission, if it deem the public interest requires it, shall cause 
 
 2663 an investigation to be made forthwith, which investigation shall 
 be held in the locality of the accident, unless, for greater conven- 
 ience of those concerned, it shall order such investigation to be 
 held at some other place, and said investigation may be adjourned 
 from place to place as may be found necessary and convenient. 
 Commission shall seasonably notify an officer or station agent of 
 the company of the time and place of the investigation. The cost 
 of such investigation shall be certified by commission and the 
 same shall be audited and paid by the state in the same manner 
 as other expenses are audited and paid. Gen. Laws igoy, ch. 53, 
 sec. 56. 
 
 Every public utility shall, whenever an accident attended 
 with loss of human life occurs within this state upon its premises, 
 or directly or indirectly arises from or connected with its main- 
 tenance or operation, give immediate notice thereof to commis- 
 sion. In the event of any such accident commission, if it deem 
 the public interest require it, shall cause an investigation to be 
 
 2664 made forthwith, which investigation shall be held in the locality 
 of the accident, unless for greater convenience of those concerned 
 it shall order such investigation to be held at some other place; 
 and said investigation may be adjourned from place to place as 
 
 686 
 
may be found necessary and convenient. Commission shall 
 seasonably notify the public utility of the time and place of the 
 investigation. Gen. Laws ipii, ch. 2yg, sec. /j. 
 
 PENNSYLVANIA Commission shall investigate the cause of any 
 accident on the lines or property of any common carrier, resulting 
 in loss of life or injury to persons, within 30 days of the happen- 
 ing of said accident, when, in their judgment, said accident shall 
 require investigation; and shall advise said common carrier of 
 the result of said investigation, within 60 days from the happen- 
 
 2665 ing of said accident, and shall include the result of said investiga- 
 tion in their reports. Before making any such examination or 
 investigation, under this section, reasonable notice shall be given 
 to the corporation, person or persons, conducting and managing 
 such common carrier, of the time and place of commencing the 
 same. The general superintendent or manager of every com- 
 mon carrier shall inform commission of any such accident imme- 
 diately after its occurrence. Laws igoj, no. 2^0, sec. zj. 
 
 RHODE ISLAND Every public utility shall, whenever any acci- 
 dent attended with loss of human life, or serious injury occurs 
 within this state, directly or indirectly arising from or connected 
 with its maintenance or operation, give immediate notice thereof 
 to commission. In the event of any such accident, commission, 
 if it deem public interest requires it, shall cause an investigation 
 to be made forthwith, which investigation shall be held in the lo- 
 cality of the accident, unless for the greater convenience of those 
 concerned, it shall order the investigation to be held at some other 
 place ; and said investigation may be adjourned from place to place 
 
 S666 as may be found necessary and convenient. Commission shall 
 reasonably notify the public utility of the time and place of the in- 
 vestigation. The notice herein required to be given shall not be 
 admitted as evidence or used for any purpose against such public 
 utility giving such notice, in any suit, action or proceeding brought 
 for damages growing out of any matter mentioned in said notice; 
 nor shall such notice be admitted as evidence or be used for any 
 piirpose in any criminal proceeding brought against the public 
 utility giving such notice, or against any of its officers, agents or 
 employes, growing out of any matter mentioned in such notice. 
 Acts 1Q12, ch. yg^, sec. 4Q. 
 
 SOUTH CAROLINA Commission shall investigate the causes of any 
 2667 accident on a railroad resulting in loss of life, and of any accident 
 
 687 
 
not so resiilting, which in their judgment, shall require investiga- 
 tion.^Gen. Stats. igo2, sec. 2oyi. 
 
 Every railroad corporation shall cause immediate notice of 
 any accident which may occur on its road, attended with injury 
 to any person, in such cases of accident attended with any injury 
 to any person, as commission may by rules and regulations adopt- 
 ed by it require the giving of such notices, to be given to a physi- 
 cian most accessible to the place of accident and to commission 
 by telegraph, telephone or such other means as may be the quick- 
 est under the circumstances, at the same time that notice is given 
 
 2668 the officials of the road on which the accident occurred, and shall 
 furnish immediate transportation for commission over its line to 
 the place of accident, free of expense to commission, and if com- 
 mission use another railroad to reach the place of accident, the 
 corporation on whose line the accident occurs shall pay the 
 expenses of transportation thereon, and shall also give notice in like 
 manner of any accident falling within any description of accidents 
 of which commission may by general regulation require notice 
 to be given. For each omission to give such notice the cor- 
 poration shall forfeit a sum not exceeding $500. Same, sec. 2ijy. 
 
 SOUTH DAKOTA It shall be the duty of every railroad company 
 operating a line of railroad in this state to report all accidents, 
 wrecks or casualties occurring in this state to commission. This 
 is intended to include all accidents, wrecks or casualties occur- 
 ring in the operation of trains or engines on said line or lines of 
 railway within this state, and all other accidents or casualties of 
 whatever nature as may be required under rules adopted by com- 
 mission. Any reports to commission herein required shall not be 
 
 2669 for public inspection. All accidents or wrecks occurring in the 
 operation of trains or engines involving loss of life or personal 
 injury, shall be immediately reported to the secretary of commis- 
 sion by telegraph or telephone message, and the company shall 
 forthwith send a written report in detail giving full particulars 
 available in such form as commission may require. All other 
 accidents, including accidents resulting in personal injury or 
 death other than train accidents, shall be reported to commission 
 on the first day of each month covering the preceding month. 
 Sess. Laws igog, ch. 75, sec. i. 
 
 Whenever any report is made to commission involving a 
 wreck, accident or casualty, and commission deems it necessary, 
 it shall forthwith examine into the causes and circumstances of 
 
 2670 the same, and it shall thereupon be the duty of commission to 
 
 688 
 
order such railroad company to comply with any reasonable re- 
 quirement prescribed by commission calculated to prevent the 
 recurrence of any such wreck, accident or casualty. Same, sec. 2. 
 Every person or corporation who shall violate any of the pro- 
 visions of this act shall be guilty of a misdemeanor and shall 
 8671 be pimished by a fine of not less than $100 nor more than $1,000, 
 or imprisonment in the county jail for not less than 30 days nor 
 more than one year, or shall suffer both such fine and imprison- 
 ment in the discretion of the court. Same, sec. j. 
 
 VERMONT The general superintendent or manager of a 
 
 railroad doing business in this state shall inform commission in 
 writing of every accident upon his road, resulting in loss of life or 
 
 2672 injury to any person, and of every collision and derailment of 
 trains on the same, immediately after its occurrence. If such 
 accident results in loss of life or serious injury to the person of a 
 passenger, such information shall be given by telegraph. Pub. 
 Stats. 1Q06, sec. 4608. 
 
 Commission shall inquire into the cause of every accident on 
 a railroad resiilting in loss of life, and, in its judgment, into any 
 accident, collision or derailment of trains not so resulting. If, 
 in its judgment, a public investigation is necessary in the interests 
 of public safety, it shall fix a time and place of holding the same 
 and shall summon the person or corporation operating such rail- 
 road, the parties known to have been injured in the accident, and, 
 if known, a representative or friend of a person killed thereby, to 
 appear and give evidence regarding the cause of such accident. 
 Commission shall also notify the state's attorney of the county in 
 which the accident occurred, who shall investigate the cause of 
 
 2673 such accident, produce witnesses who can give evidence in regard 
 to the same, and attend and represent the state at such hearing. 
 All parties simimoned, and other persons interested, may appear 
 and be made parties thereto, may produce witnesses or other evi- 
 dence, and be represented by counsel. The person or corpora- 
 tion operating the railroad shall produce, on notice from com- 
 mission, all trainmen and other employes who can give perti- 
 nent evidence in regard to the cause of the accident, free of 
 expense to the state. Commission shall make public its de- 
 termination in regard to the cause of the accident so investi- 
 gated, and cause a permanent record thereof to be made. Same, 
 sec. 46 og. 
 
 The superintendent or manager of any line or plant, subject 
 689 
 
to supervision under this act, shall immediately after its occur- 
 rence notify commission in writing of any accident within this 
 state upon such line or plant resulting in loss of life, or injury to 
 any person which shall incapacitate him from engaging in his 
 2674 usual vocations. Commission shall inquire into the cause of 
 every such accident, and if, in its judgment, a public investigation 
 is necessary, it shall fix a time and place of holding the same, and 
 thereupon proceed as provided in section 4609 of the Public Stat- 
 utes relating to investigation of accidents upon railroads. Laws 
 1Q08, no. ii6y sec. 7. 
 
 VIRGINIA Notice of every accident which occurs, at- 
 
 tended with loss of life or injury to person, shall be given within 
 
 2676 five days thereafter by the company operating the railroad on 
 which the accident occurred to commission, and such company 
 shall furnish commission all information requested by it concern- 
 ing the cause of the accident. Pollard'' s Code 1904, sec. I2g4d{^2). 
 Commission may investigate the cause of any accident on 
 
 2676 any transportation line which, in its judgment, shall require inves- 
 tigation. Same, sec. iSiJO'isy). 
 
 WASHINGTON Every public service company is hereby re- 
 
 quired to give immediate notice to commission of every accident 
 resulting in death or injury to any person occurring on its lines, 
 plant or system, in such manner as commission may prescribe. 
 Commission may require reports to be made by any common car- 
 
 2677 rier of all wrecks, collisions or derailments occurring on the line 
 of any such common carrier. Such notice shall not be admitted 
 as evidence or used for any purpose against such public service 
 company giving such notice in any suit or action for damages 
 growing out of any matter mentioned in such notice. Laws 191 1, 
 ch. iiy, sec. 6j. 
 
 Commission is hereby authorized and directed to investigate 
 all accidents that may occtir upon the lines of any common car- 
 rier resulting in loss of life, to any passenger or employe, and may 
 investigate any and all accidents or wrecks occurring on the line 
 of any such common carrier, or any accident resulting in death or 
 
 2678 injury to any person occiuring in connection with the plant or sys- 
 tem of any public service company. Notice of such investigation 
 shall be given in all cases for a sufficient length of time to enable 
 the public service company affected to participate in the hearing, 
 and such notice may be given orally or in writing, in such manner 
 as commission may prescribe. Same. 
 
 690 
 
Such witnesses may be examined as commission may deem 
 necessary and proper to thoroughly ascertain the cause of the ac- 
 cident or wreck and fix the responsibility therefor. Such examina- 
 tion and investigation may be conducted by the inspector or any 
 
 2679 deputy inspector, and such inspector or deputy inspector may ad- 
 minister oaths, issue subpoenas and compel the attendance of 
 witnesses, and when such examination is conducted by the inspec- 
 tor or deputy inspector, he shall make a full and complete report 
 thereof to commission. Same. 
 
 WISCONSIN It shall be the duty of every railroad company 
 
 to report to commission all collisions, derailments, or other acci- 
 dents resulting in injur>^ to persons, equipment, or roadway aris- 
 ing from the operation of such railroad. Commission shall issue 
 such rules concerning the reporting of accidents as may be re- 
 
 2680 quired, and may also, if it deems that public interests require, 
 cause an investigation of any accident. The cost of such inves- 
 tigation shall be certified by the chairman of commission, and the 
 same shall be audited and paid by the state in the same manner 
 as other expenses are audited and paid. Laws igoj, ch. j62, sec. 
 lypy-jo as amended by Laws igii, ch. 4^2. 
 
 Every public utility shall, whenever an accident attended 
 with loss of himian life occurs within this state upon its premises 
 
 2681 or directly or indirectly arising from or connected with its main- 
 tenance or operation, give immediate notice thereof to commis- 
 sion. Laws igoy, ch. 4g9, sec. iygym-ioi{i). 
 
 In the event of any such accident commission, if it deem 
 public interest require it, shall cause an investigation to be made 
 forthwith, which investigation shall be held in the locality of the 
 accident, unless for greater convenience of those concerned it 
 
 2682 shall order such investigation to be held at some other place ; and 
 said investigation may be adjourned from place to place as may 
 be found necessary and convenient. Commission shall season- 
 ably notify the public utility of the time and place of the investi- 
 gation. Same, sec. i'/Q'/m-ioi{2). 
 
 691 
 
CHAPTER IX 
 
 Accounts 
 
 SCOPE NOTE • 
 
 This chapter includes grants of power authorizing 
 commissions to prescribe systems of accounts and to regu- 
 late accounting practices. It includes provisions giving 
 commissions the right of access to, and inspection of, the 
 books and records of utilities only insofar as these rights 
 are granted strictly for the purpose of regulating accounts. 
 For provisions incidentally involving questions of ac- 
 counts, see ch. x, on reports. For provisions requiring 
 utilities to keep accounts of the rates and charges imposed 
 by them pending judicial review of orders of commissions, 
 see ch. xv, on enforcement. For provisions authorizing 
 commissions to inspect the books, records and memoranda 
 of utilities for general purposes of regulation, see ch. ii, 
 on general powers of commissions. For provisions au- 
 thorizing commissions to order the production of books, 
 records and memoranda^ see ch. xiv, on commission 
 procedure and practice. For provisions prescribing gen- 
 eral procedure to be followed in the exercise of commission 
 authority, see ch. xiv, on commission procedure and 
 practice. For provisions prescribing general rules of 
 enforcement and judicial review, see ch. xv, on enforce- 
 ment. For general statement of scope and method, see 
 mtroduction. 
 
 ANALYSIS 
 
 Page 
 
 A. General authority of commission to regulate accounts and prescribe ac- 
 
 counting practices 694 
 
 B. Depreciation Accounts 707 
 
 C. Construction Accounts 709 
 
 D. Authority of commission to have access to books and records of utilities 
 
 and to inspect or examine the same 710 
 
 693 
 
A. GENERAL AUTHORITY OF COMMISSION 
 TO REGULATE ACCOUNTS AND PRESCRIBE 
 ACCOUNTING PRACTICES. 
 
 UNITED STATES Commission may, in its discretion, for the pur- 
 pose of enabling it the better to carry out the purposes of this act, 
 
 2683 prescribe a period of time within which all common carriers shall 
 have, as near as rfiay be, a uniform system of accounts, and the 
 manner in which such accounts shall be kept. Act to Regulate 
 Commerce, sec. 20. 
 
 Commission may, in its discretion, prescribe the forms of 
 any and all accounts, records, and memoranda to be kept by car- 
 
 2684 riers, including the accounts, records, and memoranda of the 
 movement of traffic as well as the receipts and expenditures of 
 moneys. Same. 
 
 Any person who shall wilfully make any false entry in the 
 accounts of any book of accounts or in any record or memoranda 
 kept by a carrier, or who shall wilfully destroy, mutilate, alter, 
 or by any other means or device falsify the record of any such 
 account, record, or memoranda, or who shall wilfully neglect or 
 fail to make full, true and correct entries in such accounts, records 
 or memoranda of all facts and transactions appertaining to the 
 carrier's business, or shall keep any other accounts, records, or 
 memoranda than those prescribed or approved by commission, 
 
 2685 shall be deemed guilty of a misdemeanor, and shall be subject, 
 upon conviction in any court of the United States of competent 
 jurisdiction, to a fine of not less than $1,000 nor more than $5,000 
 or imprisonment for a term of not less than one year nor more 
 than three years, or both such fine and imprisonment: provided, 
 that commission may in its discretion issue orders specifying 
 such operating, accounting, or financial papers, records, books, 
 blanks, tickets, stubs, or documents of carriers which may, after 
 a reasonable time, be destroyed, and prescribing the length of 
 time such books, papers, or documents shall be preserved. Same. 
 
 In case of failure or refusal on the part of any such carrier, 
 receiver, or trustee to keep such accounts, records, and memor- 
 anda on the books and in the manner prescribed by commission, 
 or to submit such accotmts, records, and memoranda as are kept 
 
 2686 to the inspection of commission or any of its authorized agents 
 or examiners, such carrier, receiver, or trustee shall forfeit to the 
 United States the sum of $500 for each such offense and for each 
 
 694 
 
and every day of the continuance of such offense, such forfeitures 
 to be recoverable in the same manner as other forfeitures pro- 
 vided for in this act. Same. 
 
 \ ALABAMA Commission may, when it deems it advisable 
 
 to do so, establish a uniform system of accounts to be used by 
 common carriers, railroad and street railroad corporations and 
 may prescribe the manner in which such accounts shall be kept. 
 It may also, in its discretion, prescribe the form of accounts, 
 records and memoranda to be kept, including the accounts, 
 records and memoranda of the movement of traffic, as well as 
 
 2687 the receipts and expenditures of moneys. The system of ac- 
 counts established by commission and the forms of accounts, 
 records and memoranda prescribed by it as provided above, shall 
 conform as near as may be to those from time to time estab- 
 lished and prescribed by the interstate commerce commission, 
 but commission may vary said systen and forms from time to 
 time, in such manner, and require such additional accounts, 
 records and memoranda to be kept, as it may deem expedient or 
 necessary. Acts igo'j, sp. sess. no. 77, sec. j. 
 
 In case of the failure or refusal on the part of any such com- 
 mon carrier or railroad corporation to keep such accounts, records 
 and memoranda as are prescribed in sections three and four of this 
 act, or as have been or may be prescribed by commission, and in 
 such manner as is prescribed, or to submit all such accounts, 
 records, memoranda, books, documents and contracts as are kept, 
 to the inspection and examination of commission, or any member 
 thereof, or any of its authorized agents or examiners or em- 
 
 2688 ployes, or shall fail or refuse to furnish the information as re- 
 quired in said sections to be furnished, such common carrier or 
 railroad corporation shall forfeit to the state the sum of $100 for 
 each such offense and for each and every day of the continuance 
 of such offense; and the act of any director, officer, agent or other 
 person acting for or employed by such carrier or railroad cor- 
 poration, acting within the scope of his official duties, in such 
 failure or refusal, shall be, and be deemed to be, the act of such 
 common carrier or railroad corporation. Same, sec. 5. 
 
 See also par. 2'/ 54. 
 
 ZONA, CALIFORNIA 
 
 Commission may establish a system of ac- 
 counts to be kept by public service corporations ^ or classify said 
 public service corporations ^ and establish a system of accounts for 
 
 '"Public utility," in California. 
 
 69s 
 
each class, and prescribe the manner in which such accounts 
 shall be kept. It may also in its discretion prescribe the forms 
 of accounts, records and memoranda to be kept by such public 
 
 2689 service corporations,^ including the accounts, records and mem- 
 oranda of the movement of traffic as well as the receipts and ex- 
 penditures of moneys, and any other forms, records and mem- 
 oranda w^hich in the judgment of commission may be necessary 
 to carry out any of the provisions of this act. Ariz. — Sess. 
 Laws IQI2, ch. go, sec. 48; Cal. — Stats. 191 1, ist. ex. sess., ch. 14, 
 sec. 48. 
 
 The system of accounts, established by commission and the 
 forms of accounts, records and memoranda prescribed by it shall 
 not be inconsistent in the case of corporations subject to the pro- 
 visions of the act of Congress entitled ''An act to regulate com- 
 merce," approved February 4, 1887, and the acts amendatory 
 thereof and supplementary thereto, with the systems and forms 
 
 2690 from time to time established for such corporations by the inter- 
 state commerce commission, but nothing herein contained shall 
 affect the power of commission to prescribe forms of accounts, 
 records and memoranda covering information in addition to that 
 required by the interstate commerce commission. The com- 
 mission may, after hearing had upon its own motion or upon 
 complaint, prescribe by order the accounts in which particular 
 outlays and receipts shall be entered, charged or credited. Same. 
 
 Where commission has prescribed the forms of accounts, rec- 
 ords or memoranda to be kept by any public service corporation 
 for ' any of its business, it shall thereafter be unlawful for such pub- 
 lic service corporation^ to keep any accoimts, records or memo- 
 
 2691 randa for such business other than those so prescribed, or those 
 prescribed by or under the authority of any other state or of tjie 
 United States, excepting such accounts, records or memoranda 
 as shall be explanatory of and supplemental to the accounts, 
 records or memoranda prescribed by commission. Same. 
 
 See also par. 4517. 
 
 CONNECTICUT See par. 2796. 
 
 FLORIDA In so far as the forms and methods of account- 
 
 ing and of reports are prescribed imder the authority of this act, 
 
 2692 for corporations ^ engaged in interstate commerce, they shall con- 
 form as near as may be to the forms and methods of accounting 
 prescribed for such corporations by the interstate commerce 
 commission. Laws 1911, ch. 6187, sec. 4. 
 
 *" Public utility," in California. 2 Telegraph corporations. 
 
 696 
 
GEORGIA Commission may, whenever it deems advis- 
 
 able, prescribe, establish, and order a uniform system of accounts 
 to be used by railroads and other corporations; the same to be 
 as far as practicable in conformity with the system of accounts 
 
 2693 prescribed by the interstate commerce commission; examine all 
 books, contracts, records, and documents of any person or cor- 
 poration subject to its supervision, and compel the production 
 thereof. Code iQii, sec. 266 j. 
 
 IOWA Commission may prescribe uniformity in meth- 
 
 2694 ods of keeping accounts as near as may be and fix a time when 
 such regulations shall take effect. Code i8gy, sec. 214J. 
 
 KANSAS Any person who shall wilfully make any false 
 
 entry in the accounts, books of account, records or memoranda 
 kept by any common carrier or any public utility governed by 
 the provisions of this act, or who shall wilfully destroy, mutilate, 
 alter or by any other means or device falsify the record of any 
 such account, book of accounts, record or memorandimi, or who 
 shall wilfully neglect or fail to make full, true and correct entries 
 of such accoimt, book of accounts, record or memorandimi of all 
 facts and transactions appertaining to such common carriers or 
 public utilities business, or who shall falsely make any statement 
 
 2695 required to be made to commission, shall be deemed guilty of a 
 felony, and upon the conviction shall be punished by a fine of not 
 less than $1,000 nor more than $5,000, or by imprisonment of not 
 less than one year nor more than three years, or by both fine and 
 imprisonment; provided, that commission may in its discretion 
 issue orders specifying such operating, accounting or financial 
 papers, records, books, blanks, tickets, stubs or docimients, of 
 carriers which may after a reasonable time be destroyed, and 
 prescribing a length of time such books, papers, or documents 
 shall be preserved; and provided further, that such orders shall 
 be in harmony with those of the interstate commerce commis- 
 sion. Laws igii, ch. 2j8, sec. jy. 
 
 MARYLAND Commission may, whenever it deems advis- 
 
 able, establish, upon due and reasonable notice to all such corpo- 
 rations, system of accoimts to be used by railroad and street rail- 
 road corporations, or other common carriers, or may classify the 
 said corporations and other carriers and prescribe a system of 
 accounts for each class, and may prescribe the manner in which 
 such accounts shall be kept. It may also, in its discretion, pre- 
 scribe the form of accounts, records and memoranda to be kept 
 
 697 
 
by common carriers, including the accounts, records and mem- 
 
 2696 oranda of the movement of traffic as well as the receipts and ex- 
 penditures of moneys. The system of accounts established by 
 commission and the form of accounts, records and memoranda 
 prescribed by it as provided shall conform, as nearly as possible, 
 to those from time to time established and prescribed by the 
 interstate commerce commission under the provisions of the act 
 of Congress entitled "An act to regulate commerce," approved 
 February 4, 1887, as amended by the act approved June 29, 
 1906, and amendments thereto. Laws igio, ch. 180, sec. 25. 
 
 When commission has prescribed the forms of accoimts, 
 records and memoranda to be kept by such corporations, it shall 
 
 2697 be unlawful for them to keep any other accounts, records, or 
 memoranda than those so prescribed, or those prescribed under 
 the authority of the United States. Same. 
 
 Commission may, in its discretion, prescribe uniform 
 methods of keeping accounts, records and books, to be observed 
 
 2698 by the persons, gas and electrical corporations engaged in the 
 manufacture, sale and distribution of gas and electricity for light, 
 heat or power. Same, sec. 31%. 
 
 Commission may, in its discretion, prescribe and require 
 items, methods of keeping accounts, records and books to be 
 
 2699 furnished by the persons and corporations engaged in the fur- 
 nishing of facilities for the transmission of intelligence by elec- 
 tricity. Same, sec. jgij). 
 
 See also par. 2y^g. 
 
 MASSACHUSETTS Corporations and companies which are en- 
 gaged in the manufactiu-e and sale of gas or electricity for light 
 or heat shall have an office in the city or town in which their 
 works are located, and shall keep in said office all the books and 
 
 2700 papers which are required by law to be kept within the com- 
 monwealth, and also such books as may be required to show 
 their receipts, expenditures, indebtedness and financial condition; 
 and shall at all times, upon application, submit their books to 
 the inspection of gas and electric commission. Rev. Laws igo2, 
 ch. I2J, sec. 28.^ 
 
 Corporations and companies which are engaged in the 
 manufacture and sale of gas or electricity for light or heat shall 
 keep their books and accounts in a form to be prescribed by gas 
 and electric commission and the accounts shall be closed annually 
 
 2701 on June 30 so that a balance sheet of that date can be taken there- 
 
 » See footnote i, par. 276. 
 
 698 
 
from. Mantifacttuing companies in which the manufacture of 
 gas is a minor portion of their business shall be required to keep 
 accounts of the expenses and income of their gas business only. 
 Same, sec. 2g} 
 
 Persons or corporations engaged in the manufacture or sale 
 of gas or electric light shall keep such records of their work at 
 
 2702 their manufacturing station, and in ifcspect to their distributing 
 plant, as gas and electric commission may from time to time re- 
 quire. Said records shall be in such form as commission may 
 prescribe. Same, sec. jo. 
 
 Every company engaged in the business of the transmission 
 of intelligence by electricity within the commonwealth shall 
 
 2703 keep its books and accounts covering the business done within 
 the commonwealth in a form approved by commission. Acts 
 igo6, ch. 4 J J, sec. ii. 
 
 Commission shall from time to time in each year examine the 
 books and accounts of every corporation or company which 
 operates a railroad or railway, and require them to be kept in a 
 
 2704 uniform manner and upon the system prescribed by commission. 
 Statements of the doings and financial condition of the several 
 corporations and companies shall be prepared and published at 
 such times as commission shall consider expedient. Acts igo6, 
 ch. 46 J, pt. i, sec. 15. 
 
 A railroad corporation or street railway company which 
 refuses to submit its books to the examination of commission or 
 
 2705 unreasonably neglects to keep its accounts in the method pre- 
 scribed by commission, shall forfeit not more than $5,000 for 
 every such refusal or neglect. Same, sec. 18. 
 
 A railroad corporation shall keep its books and accounts in 
 the manner prescribed by commission and shall at all times sub- 
 
 2706 mit its books to the inspection of commission or of any com- 
 I mittee of the general court which may be authorized to inspect 
 \ them. Acts igo6, ch. 46 j, pt. ii, sec. 248. 
 
 Every street railway company shall keep its books and 
 
 2707 accounts in a tmiform manner, upon the system prescribed by 
 commission. Acts igo6, ch. 46 j, pt. Hi, sec. 151. 
 
 See also par. 2og. 
 
 MICHIGAN Commission may in its discretion prescribe 
 
 uniform methods of keeping accounts to be observed by all cor- 
 
 2708 porations engaged in such business of transmitting and supplying 
 electricity. Pub. Acts igog, no. 106, sec. 6. 
 
 1 See footnote i, par. 276. 
 
 699 
 
Commission shall have the power and authority and it is 
 hereby made its duty to prescribe the manner and the form of 
 accounts, records and memoranda and of keeping of same; and 
 it shall be the duty of all telephone companies within the state 
 to keep accoimts, books of accounts, records and memoranda in 
 
 2709 the manner and form prescribed by commission, and in no other 
 manner and form: provided, however, that no such regulations 
 shall be in duplication of or in addition to any regulations cover- 
 ing the same subject matter made by the government of the 
 United States or any municipality of this state. Puh. Acts 
 igiiy no. ij8, sec. i8. 
 
 MINNESOTA Commission may prescribe a uniform system of 
 
 accounts and the manner of keeping the same and may designate 
 
 2710 from time to time to what account any items shall be charged. 
 Rev. Laws igoj, sec. 1Q84. 
 
 It shall be the duty of every railroad doing both intrastate 
 and interstate freight business in this state, to keep its accounts 
 so as to show, as far as practicable, the earnings derived from, 
 and the expenses incurred in, handling such intrastate business 
 in Minnesota. Commission shall have power, and it is hereby 
 made its duty to prescribe the form in which such accounts shall 
 be kept, and it may require such accounts for each operating 
 division of such railroad wholly or partly within this state. 
 In addition to all other information on the subject, such accounts 
 shall show the total cost of operating the through trains, and 
 
 2711 the total cost of operating the local or distributing trains, on each 
 operating division wholly or partly within this state, during the 
 fiscal year to be fixed by said commission, and also the total 
 number of tons of revenue and non-revenue freight, and the num- 
 ber of said tons of each carried one mile on said through trains 
 and on said local trains, respectively, and the number of said tons 
 and ton miles of revenue and non-revenue freight carried on 
 through or local trains, which are exclusively intrastate business. 
 Said accoimts shall also show the gross tons and ton miles made 
 by through and local trains on said divisions. Laws iQiiy ch. 
 327, sec. I. 
 
 Said accounts shall also show the total revenue and non- 
 revenue train and engine miles, and the total revenue and non- 
 revenue car miles (said non-revenue car miles to be shown loaded 
 and empty separately) produced by such railroad in the state on 
 said operating divisions, and also the number of each of the above 
 train, engine and car mileages produced in handling said through ■ 
 
 700 
 
2712 trains and in handling said local trains, also the total locomotive 
 miles produced in switching on each division, and such further 
 information relating to the income or cost of the intrastate busi- 
 ness, as commission may require. Commission may also require 
 such accounts to be kept with reference to the intrastate passen- 
 ger business of such carrier, and the train, car and engine mileage 
 incurred in the passenger business in this state as it shall deem 
 necessary. Same, sec. 2. 
 
 NEBRASKA. Commission may, in its discretion, prescribe 
 
 the forms of any and all accounts, records, and memoranda to be 
 
 2713 kept by carriers, including the accounts, records and memoranda 
 of the movement of traffic as well as the receipts and expendi- 
 tures of money. Cobbey's Annot. Stats, igog, sec. io6jo(r). 
 
 NEVADA Every public utility shall keep and render to 
 
 commission, in manner and form prescribed by commission uni- 
 
 2714 form and detailed accounts of all business transacted. Stats, 
 .igii, ch. 162, sec. y. 
 
 Every public utility engaged directly or indirectly in any 
 other business than those mentioned in section three of this act, 
 shall if required by commission, keep in like manner and form the 
 2716 accounts of all other such business, in which case all the provi- 
 sions of this act shall apply with like force and effect to the books, 
 accounts papers and records of such other business. Same, sec. 
 
 7(a). 
 
 No public utility shall keep any other books, accounts, papers 
 or records of the business transacted than those prescribed or 
 approved by commission. Each public utility shall have an 
 
 2716 office within this state, and shall keep in said office all such books, 
 accoimts, records or papers, none of which shall be removed at 
 any time from the state except upon such conditions as may be 
 prescribed by commission. Same. 
 
 * 
 
 NEW HAMPSHIRE Commission may, whenever it deems advis- 
 able, establish a system of accounts and records to be used by 
 railroad corporations and by public utilities for their business 
 within this state and may classify the said railroad corporations 
 and public utilities and prescribe a system of accounts for each 
 
 2717 class, and may prescribe the manner in which said accounts shall 
 be kept; provided, however, that railroad corporations and pub- 
 lic utilities shall not be required to keep any system of accounts 
 and records which would conflict with any reqiiirements made of 
 
 701 
 
them by the interstate commerce commission. Laws igii, ch. 
 164, sec. 4. 
 
 NEW JERSEY Commission may, in its discretion, require a 
 
 uniform system of rendering accounts to commission by the rail- 
 road companies, and order reports made in accordance with such 
 
 2718 system; provided, that such uniform system and all forms of 
 accounts which may be required by commission shall conform to 
 the system and forms prescribed by the interstate commerce 
 commission. Laws igog, ch. i8g, sec. 4. 
 
 Commission may, after hearing, upon notice, by order in 
 writing, require every public utility to keep its books, records and 
 accounts so as to afford an intelligent understanding of the co'n- 
 duct of its business and to that end to require every such public 
 
 3719 utility of the same class to adopt a uniform system of accounting. 
 Such system shall conform, in so far as in the judgment of com- 
 mission is practicable, to any system adopted or approved by 
 the interstate commerce commission. Laws igii, ch. igj, sec. 
 
 NEW YORK Each commission may, whenever it deems ad- 
 
 visable, establish a system of accounts to be used by railroad and 
 street railroad corporations or other common carriers or may 
 classify the said corporations and other carriers and prescribe a 
 system of accounts for each class, and may prescribe the manner 
 in which such accoimts shall be kept. It may also in its discre- 
 tion prescribe the forms of accounts, records and memoranda to 
 be kept by such corporations, including the accoimts, records 
 and memoranda of the movement of traffic as well as the re- 
 ceipts and expenditures of moneys. Notice of alterations by com- 
 
 2720 mission in the required method or form of keeping a system of 
 accoimts shall be given to such persons or corporations by com- 
 mission at least six months before the same are to take effect. 
 The system of accounts established by commission and the forms 
 of accounts, records, and memoranda prescribed by it as pro- 
 vided above shall conform in the case of railroad corporations 
 as nearly as may be to those from time to time established and 
 prescribed by the interstate commerce commission under the 
 provisions of the act of Congress entitled ''An act to regulate 
 commerce" approved February 4, 1887, and the acts amenda- 
 tory thereof or supplementary thereto. Laws 1910, ch. 480, sec. 
 
 52- 
 
 Commission may, after hearing, prescribe by order the ac-i 
 counts in which particular outlays and receipts shall be entered, ; 
 
 702 
 
charged or credited. Where commission has prescribed the forms 
 
 2721 of accounts, records and memoranda to be kept by such corpora- 
 tions it shall be unlaw^ful for them to keep any other accounts, 
 records or memoranda than those so prescribed, or those pre- 
 scribed by or under authority of the United States. Same. 
 
 Each commission may, in its discretion, prescribe uniform 
 methods of keeping accoimts, records and books, to be observed 
 by gas and electrical corporations and by municipalities engaged 
 in the manufacture, sale and distribution of gas and electricity 
 for light, heat or power. It may also in its discretion prescribe, 
 by order, forms of accounts, records and memoranda to be kept 
 
 2722 by such persons, corporations and mimicipalities. Notice of 
 alterations by commission in the required method or form of 
 keeping a system of accounts shall be given to such persons or 
 corporations by commission at least six months before the same 
 shall take effect. Any other and additional forms of accounts, 
 records and memoranda kept by such corporation shall be sub- 
 ject to examination by commission. Same, sec. 66(4). 
 
 Commission may establish a system of accoimts to be used 
 by telegraph and telephone corporations and are required to 
 make annual reports to it or classify the said corporations, and 
 prescribe a system of accounts for each class and may prescribe 
 [ 1723 the manner in which such accounts shall be kept. It may also, 
 in its discretion, prescribe the form of records to be kept by such 
 corporation. Notice of alterations by commission in the re- 
 quired method or form of keeping accounts shall be given to such 
 corporations by commission at least six months before the same 
 are to take effect. Same, sec. 95(2). 
 
 See also pars. 455, 2j6y, 2y6S. 
 
 OHIO Commission may establish a system of ac- 
 
 counts to be kept by public utilities, or classify utilities and pre- 
 scribe a system of accoimts for each class and prescribe the man- 
 ner in which such accounts shall be kept. Such system shall 
 when practicable conform to the system prescribed by the tax 
 
 1724 commission of Ohio. It may also, in its discretion, prescribe 
 the form of records to be kept by public utilities, and commis- 
 sion may require that no other records be kept except as may be 
 required by the laws of the United States or as may hereafter be 
 required by the laws of this state. Laws igii, no. 325, sec. 12. 
 
 Commission may, if it shall determine that any expendi- 
 tures or receipts have been improperly charged or credited, order 
 
 703 
 
OREGON Commission may, in its discretion, prescribe 
 
 a uniform system of rendering accounts of business transacted 
 in Oregon by all railroads within the meaning of section 1 1 of this 
 act. Commission may also prescribe the manner in which such 
 
 2726 accounts may be kept, and the time within which such railroads 
 shall adopt such system; provided, that all forms of accoimts 
 which may be prescribed by commission shall conform as nearly 
 as practicable to similar forms prescribed by federal authority. 
 Gen. Laws iQoy, ch. jj, sec. 43. 
 
 Every public utility shall keep and render to commission in 
 the manner and form prescribed by commission uniform accounts 
 of all business transacted. All forms of accounts which may be 
 prescribed by commission shall conform as nearly as practicable 
 to similar forms prescribed by federal authority. Every public 
 utility engaged directly or indirectly in any other business than 
 that of the transportation of persons or property by street rail- 
 
 2727 roads or the production, transmission or furnishing of heat, light, 
 water or power or the conveyance of telephone messages shall, if 
 required by commission, keep and render separately to commis- 
 sion in like manner and form the accounts of all such other busi- 
 ness, in which case all the provisions of this act shall apply with 
 like force and effect to the books, accounts, papers and records 
 of such other business. Gen. Laws igii, ch. 2jg, sec. 11. 
 
 Commission shall prescribe the forms of all books, accounts, 
 papers and records required to be kept, and every public utility 
 is required to keep and render its books, accounts, papers and 
 records accurately and faithfully in the manner and form pre- 
 
 2728 scribed by commission and to comply with all directions of com- 
 mission relating to such books, accounts, papers and records. 
 No public utility shall keep any other books, accounts, papers or 
 records of its public utility business transacted than those pre- 
 scribed or approved by commission, except such as may be re- 
 quired by the laws of the United States. Same, sec. 12. 
 
 Each public utility shall have an office in one of the towns 
 or cities in this state in which its property or some part thereof 
 is located, and shall keep in said office all such books, accounts, 
 
 2729 papers and records as shall be required by commission to be kept 
 within the state. No books, accounts, papers or records re- 
 quired by commission to be kept within the state shall be at any 
 time removed from the state, except upon such conditions, as 
 may be prescribed by commission. Same, sec. 14. 
 
 See also par. 2gij. 
 
 704 
 
I 
 
 SOUTH DAKOTA Commission may, in its discretion prescribe 
 the forms of any and all accounts, records and memoranda to 
 
 2730 be kept by carriers, including the accounts, records, and memo- 
 randa of the movement of traffic, as well as receipts and expendi- 
 tures of money. Sess. Laws igii, ch. 2oy, sec. 48. 
 
 TEXAS Commission may prescribe a system of book- 
 
 2731 keeping to be observed by all the railroads, under the penalties 
 prescribed in this article. Sayles' Civ. Stais. i8gy, art. 4571. 
 
 VERMONT Commission on due notice and hearing may 
 
 establish a uniform system of keeping railroad accoimts and 
 making ajid publishing returns of the condition of railroads so as 
 to conform so far as practicable to a uniform system in common 
 with the other New England states, New York and Canada. 
 Railroad corporations shall adopt the system of accounts and 
 
 JI732 manner of makiQg returns established by commission and con- 
 form to the same so far as is consonant with the method of busi- 
 ness and connections of such railroad and the returns shall be 
 made under oath. The system now in use may be followed by 
 the persons and corporations operating railroads until commis- 
 sion shall make changes in the direction of uniformity as afore- 
 said. Puh. Stats. igo6, sec. 46 ij. 
 
 WASHINGTON Commission may, in its discretion, prescribe 
 
 the forms of any and all accounts, records and memoranda to be 
 
 2733 kept by public service companies, including the accoimts, rec- 
 ords and memoranda of the movement of traffic, sales of its prod- 
 uct, the receipts and expenditures of money. Laws igii, ch. 
 Jiy, sec. 78. 
 
 Commission may, in its discretion, prescribe the forms of 
 any and all reports, accounts, records and memoranda to be fur- 
 nished and kept by any public service company whose line or 
 
 S734 lines extend beyond the limits of this state, which are operated 
 partly within and partly without the state, so that the same shall 
 show any information required by commission concerning the 
 traffic movement, receipts and expenditures appertaining to those 
 parts of the line within the state. Same. 
 
 Commission may, in its discretion, for the purpose of en- 
 abling it the better to carry out the provisions of this act, pre- 
 ■ 1785 scribe the period of time within which all public service companies 
 shall have, as near as may be, a uniform system of accounts, and 
 the manner in which such accoimts shall be kept. Same. 
 
 70s 
 
WISCONSIN Commission may in its discretion prescribe a 
 
 uniform system of rendering accounts of business transacted in 
 Wisconsin by all railroads within the meaning of section two (in- 
 cluding subdivisions a and b) of chapter 362, laws of 1 905 . Com- 
 mission may also prescribe the manner in which such accounts 
 shall be kept, and the time within which such railroad shall adopt 
 such system; provided that all forms of accounts which may be 
 
 2736 prescribed by commission shall conform as nearly as practicable 
 to similar forms prescribed by federal authority. Any railroad 
 within the meaning of section two (including subdivisions a and b) 
 of chapter 362 of laws of 1905, failing to comply with the provi- 
 sions of this act shall be liable to the penalty provided for in sfec- 
 tion 27 of chapter 362 of the laws of 1905. Laws 1905, sp. sess., 
 ch. 13, sec. lygy-iS (d). 
 
 Every public utility shall keep and render to commission 
 
 2737 in the manner and form prescribed by commission uniform ac- 
 counts of all business transacted. Laws igoy, ch. 499, sec. lygy 
 m-8{i). 
 
 Every public utility engaged directly or indirectly in any 
 other business than that of the production, transmission or fur- 
 nishing of heat, light, water or power or the conveyance of tele- 
 phone messages shall, if required by commission, keep and render 
 
 2738 separately to commission in like manner and form the accounts 
 of all such other business, in which case all the provisions of this 
 act shall apply with like force and effect to the books, accounts, 
 papers and records of such other business. Same, sec. lygym-S 
 
 {2). 
 
 Commission shall prescribe the forms of all books, accounts, 
 papers and records required to be kept, and every public utility 
 is required to keep and render its books, accounts, papers and 
 
 2739 records accurately and faithfully in the manner and form pre- 
 scribed by commission and to comply with all directions of com- 
 mission relating to such books, accounts, papers and records. 
 Same, sec. ijgym-g. 
 
 No public utility shall keep any other books, accounts, papers 
 
 2740 or records of the business transacted than those prescribed or 
 approved by commission. Same, sec. lygym—ii. 
 
 Each public utility shall have an office in one of the towns, 
 
 villages, or cities in this state in which its property or some part 
 
 thereof is located, and shall keep in said office all such books, ac- 
 
 1741 counts, papers and records as shall be required by commission to 
 
 be kept within the state. No books, accounts, papers or records 
 
 706 
 
reqtdred by commission to be kept within the state shall be at any 
 time removed from the state, except upon such conditions as may 
 be prescribed by commission. Same, sec. lygym-iz. 
 See also par. 2^41. 
 
 B. DEPRECIATION ACCOUNTS. 
 
 ARIZONA, CALIFORNIA 
 
 Commission may, after hearing, require any 
 or all public service coporations ^ to carry a proper and adequate 
 depreciation account in accordance with such rules, regulations 
 and forms of account as commission may prescribe. Commis- 
 sion may, from time to time ascertain and determine and by 
 order fix the proper and adequate rates of depreciation of the 
 several classes of property of each public service corporation.^ 
 Each public service corporation ^ shall conform its depreciation 
 2742 accounts to the rates so ascertained, determined and fixed, and 
 shall set aside the moneys so provided for out of earnings and 
 carry the same in a depreciation fund and expend such fund only 
 for such purposes and under such rtdes and regulations, both as 
 to original expenditures and subsequent replacement as commis- 
 sion may prescribe. The income upon investments of moneys 
 in such fund shall likewise be carried in such fund. Ariz. — Sess. 
 Laws igi2, ch. go, sec. 4g, Cat. — Stats, igii, ist. ex. sess., ch. 14, 
 sec. 4g. 
 
 NEW JERSEY Commission may, after hearing, upon notice, 
 
 by order in writing, require every public utility to carry when- 
 ever in the judgment of commission it may reasonably be re- 
 quired, for the protection of stockholders, bondholders or credi- 
 tors, a proper and adequate depreciation account in accordance 
 with such rules, regulations and forms of account as commission 
 may prescribe. Commission shall from time to time ascertain 
 and determine, and by order in writing after hearing fix proper 
 and adequate rates of depreciation of the property of each pub- 
 lic utility, in accordance with such regulations or classifications, 
 
 8743 which rates shall be sufficient to provide the amounts required 
 over and above the expense of maintenance to keep such property 
 in a state of efficiency corresponding to the progress of the indus- 
 try. Each public utility shall conform its depreciation accounts 
 to the rates ascertained, determined and fixed, and shall set aside 
 the moneys so provided for out of earnings and carry tlie same 
 
 I "Public utility," in California. 
 
in a depreciation fund. The income from investments of moneys 
 in such fund shall likewise be carried in such fund. This fund 
 shall not be extended otherwise than for depreciation, improve- 
 ments, new constructions, extensions or additions to the property 
 of such public utility. Laws 1911, ch. 195, sec. 17 (/). 
 
 OHIO Every public utility shall carry a proper and 
 
 adequate depreciation or deferred maintenance account, when- 
 ever commission after investigation shall determine that a de- 
 preciation account can be reasonably required. Commission 
 shall ascertain, determine and prescribe what are proper and 
 adequate charges for depreciation of the several classes of prop- 
 
 S7U erty for each public utility. The charge for depreciation shall 
 be such as will provide the amovint required over and above the 
 cost and expense of maintenance to keep the property of the pub- 
 lic utility in a state of efficiency corresponding to the progress of 
 the art or industry. Commission may prescribe such changes 
 in such charges for depreciation from time to time as it may find 
 necessary. Laws 1911, no. 325, sec. 51. 
 
 The moneys for depreciation charges thus provided for shall 
 be set aside out of the earnings and carried as a depreciation fund. 
 The moneys in such fund may be expended in new construction, 
 extensions or additions to the property of the public utility, or 
 invested, and if invested, the income from the investment shall 
 also be carried in the depreciation fund. Such fund and the pro- 
 
 S746 ceeds thereof, may be used for the purpose of renewing, restoring, 
 replacing or substituting depreciated property in order to keep 
 the plant in a state of efficiency. Such fund and the proceeds 
 or income therefrom shall be used for no purpose other than as 
 provided in this section, except upon the approval of commis- 
 sion. Same, sec. 52. 
 
 OREGON, WISCONSIN 
 
 Every public utility shall carry a proper and 
 adequate depreciation account whenever commission after in- 
 vestigation shall determine that such depreciation account can 
 be reasonably required. Commission shall ascertain and de- 
 termine what are the proper and adequate rates of depreciation 
 of the several classes of property of each public utility. The rates 
 S746 shall be such as will provide the amounts required over and above 
 thjs expense of maintenance, to keep such property in a state of 
 efficiency corresponding to the progress of the industry. Each 
 public utility shall conform its depreciation accounts to such 
 
 708 
 
rates so ascertained and determined by commission. The com- 
 mission may make changes in such rates of depreciation from 
 time to time as it may find to be necessary. Ore. — Gen. Laws 
 ipii, ch.2/g, sec. ly; Wis. — Laws igoy, ch. 4gg, sec. iygyfn-ij{i). 
 Commission shall also prescribe rules, regulations, and forms 
 
 1747 of accQimts regarding such depreciation which the public utility 
 is required to carry into effect. Ore. — Same; Wis. — Same, sec. 
 iygym-ij{2). ^ 
 
 Commission shall provide for such depreciation in fixing the 
 
 1748 rates, tolls and charges to be paid by the public. Ore. — Same; 
 Wis. — Same, sec. iygym-ij{j). 
 
 All moneys thus provided for shall be set aside out of the 
 earnings and carried in a depreciation fund. The moneys in this 
 fimd may be expended in replacements,^ new constructions, ex- 
 tensions or additions to the property of such public utility, or 
 
 1749 invested, and if invested the income from the investments shall 
 also be carried in the depreciation fund. This fund and the pro- 
 ceeds thereof shall be used for no other purpose than as provided 
 in this section and for depreciation. Ore. — Same; Wis. — Same, 
 sec. iygym-ij{4). 
 
 C. CONSTRUCTION ACCOUNTS. 
 
 OHIO Commission shall keep informed of all new 
 
 construction, extensions and additions to the property of such 
 public utilities and may prescribe the necessary forms, regulations 
 
 2760 and instructions to the officers and employes of such public utili- 
 ties for the keeping of construction accounts, which shall clearly 
 distinguish all operating expenses and new construction. Laws 
 igii, no. 325, sec. 35. 
 
 OREGON, WISCONSIN 
 
 Commission shall keep itself informed of all 
 new construction, extensions and additions to the property of 
 such public utilities, and shall prescribe the necessary forms, 
 
 2761 regulations and instructions to the officers and employes of such 
 public utilities for the keeping of construction accounts, which 
 shall clearly distinguish all operating expenses and new construc- 
 tion. Ore. — Gen. Laws igii,'ch. 2yg, sec. 18; Wis. — Laws igoy, 
 ch. 4gg, sec. iygym-16. 
 
 1 "Replacements" occurs in Oregon only. 
 
D. AUTHORITY OF COMMISSION TO HAVE 
 ACCESS TO BOOKS AND RECORDS OF UTIL- 
 ITIES AND TO INSPECT OR EXAMINE THE 
 SAME. 
 
 UNITED STATES Commission shall at all times have access to 
 all accoimts, records and memoranda kept by carriers and it shall 
 be unlawful for such carriers to keep any other accounts, recomds, 
 or memoranda than those prescribed or approved by commis- 
 
 2762 sion, and it may employ special agents or examiners, who shall 
 have authority under the order of commission to inspect and ex- 
 amine any and all accounts, records and memoranda kept by 
 such carriers. This provision shall apply to receivers of carriers 
 and operating trustees. Act to Regulate Commerce, sec. 20. 
 
 Any examiner who divulges any fact or information which 
 may come to his knowledge during the course of such examina- 
 tion, except in so far as he may be directed by commission or by a 
 
 2763 court or judge thereof, shall be subject, upon conviction in any 
 court of the United States of competent jurisdiction, to a fine of 
 not more than $5,000 or imprisonment for a term not exceeding 
 two years or both. Same. 
 
 ALABAMA Commission, and any member thereof, shall at 
 
 all times have access to all books, accounts, records, memo- 
 randa, contracts and docimients kept by such common carrier, 
 railroad corporation and street railroad corporation, wherever 
 the same may be kept, whether within or without the state and 
 may prescribe the accounts in ;tvhich particular outlays and re- 
 ceipts shall be entered. Commission may designate any of its 
 members or employes, or employ special agents or examiners, 
 who shall thereupon, when so designated or employed, have 
 authority under the orders of commission to inspect and examine, 
 make analysis of and take copies from any and all accounts, 
 
 2764 records, memoranda, books, contracts and documents of such 
 corporation, whether the same be kept within or without the 
 state. The special agents or examiners, or employes designated 
 or employed as above provided, shall have power to administer 
 oaths, examine witnesses and receive evidence. Any special 
 agent or examiner or other person employed by commission who 
 divulges any fact or information which may come to his knowl- 
 edge during the course of any such inspection or examination, 
 except in so far as he may be directed by commission or by a 
 
 710 
 
court or judge thereof, or as authorized by law, shall be guilty 
 of a misdemeanor, and upon conviction shall be punished by a 
 fine not exceeding $500. Acts igoj, sp. sess., no. 77, sec. 3. 
 
 FLORIDA That the sum of $25,000 for the period ending 
 
 June 30, 1 9 13, be, and the same is hereby appropriated to enable 
 commission to audit, investigate and examine into the books, 
 records, vouchers and accounts of the express companies, and of 
 
 2765 the railroad companies which are subject to its jurisdiction so 
 that commission can have sufficient information to make rates 
 and regulations upon the principles applied by law, and to de- 
 fend suits brought against it by common carriers or to bring suits 
 to enforce such rates and regulations. Laws igii, ch. 612Q, sec. i. 
 
 Any part of the said appropriation not expended shall revert 
 
 2766 to the state treasury. Same. 
 
 The comptroller is hereby authorized to draw his warrants 
 
 2767 upon requisitions of commission, to be audited by him, which 
 warrants shall be paid out of the appropriation made in section 
 one. Same, sec. 2. 
 
 E[ANSAS Commission may examine and audit all ac- 
 
 counts, and all items shall be allocated to the accounts prescribed 
 by commission. The agents, accountants or examiners em- 
 ployed by commission shall have authority under the direction 
 
 2768 of commission to inspect and examine any and all books, ac- 
 counts, papers, records, property and memoranda kept by such 
 public utilities and common carriers. The accoimts shall be 
 closed annually on June 30 and a balance sheet of that date 
 promptly taken therefrom. Laws igii, ch. 2j8, sec. 2g. 
 
 MARYLAND Commission shall at all times have access to 
 
 all accounts, records and memoranda kept by common carriers 
 and other corporations, and may prescribe the accounts in which 
 
 2769 particular outlays and receipts shall be entered, and may desig- 
 nate any of its officers or employes, who shall thereupon have 
 authority under the order of commission to inspect and examine 
 any and all accounts, records and memoranda kept by such cor- 
 porations. Laws igio, ch. 180, sec. 25. 
 
 Any employe or agent of commission who divulges any fact 
 
 or information which may come to his knowledge during the 
 
 2760 course of any such inspection or examination, except in so far as 
 
 he may be directed by commission, or by a court or judge thereof, 
 
 or authorized by law, shall be guilty of misdemeanor. Same. 
 
 711 
 
NEBRASBIA Commission shall at all times have access to 
 
 all accounts, records and memoranda kept by carriers, and it 
 shall be unlawful for such carriers to keep any other accounts, 
 records, or memoranda than those prescribed or approved by 
 
 2761 commission, and it may employ special agents or examiners, who 
 shall have authority under the order of commission to inspect 
 and examine any and all accounts, records and memoranda kept 
 by such carriers. This provision shall apply to receivers of car- 
 riers and operating trustees. Cobbey's Annot. Stats, igog, sec. 
 io6jo{r). 
 
 Any railway company or common carrier or any person who 
 may have in his or her possession any book, paper, document or 
 record belonging to any railway company or common carrier who 
 shall, upon proper demand, fail or refuse to exhibit to the com- 
 missioners, or any of them, or any person authorized by said com- 
 
 2762 missioners to investigate the same, any book, paper, document 
 or records of such railway company or common carrier, which is 
 in the possession or under the control of said railway company or 
 common carrier, or any officer, agent or employe thereof, shall be 
 guilty of a misdemeanor, and upon conviction thereof, shall be 
 fined for each offense a sum not less than $i,ooo nor more than 
 $5,000. Same, sec. 106 51. 
 
 Any officer, agent or employe of any railroad company or any 
 person who shall upon proper demand, fail or refuse to exhibit to 
 the commissioners, or any of them, or any person authorized by 
 said commissioners to investigate the same, any book, paper, 
 document or records of such railway company or common car- 
 
 2763 rier, which is in the possession or under the control of such officer, 
 agent or employe, shall be guilty of a misdemeanor, and upon 
 conviction in any court having jurisdiction thereof, shall be fined 
 for each offense a sum of not less than $100 nor more than $500, 
 or be imprisoned in the county jail not less than ten days nor 
 more than 30 days, or both within the discretion of the court. 
 Same. 
 
 NEVADA Any commissioner, or any person or persons 
 
 authorized by commission, shall have the right to examine the 
 
 2764 books, accoimts, records and papers of any public utility, for the 
 purpose of determining their correctness, and whether they are 
 being kept in accordance with the rules and system prescribed by 
 commission. Stats, igii, ch. 162, sec. y{c). 
 
 NEW YORK Commission shall at all times have access 
 
 to all accounts, records and memoranda kept by railroad and 
 
 712 
 
street railroad corporations and by common carriers, and may 
 
 2765 designate any of its officers or employes who shall thereupon 
 have authority under the order of commission to inspect and 
 examine any and all accounts, records and memoranda kept 
 by such corporations. Laws igio, ch. 480, sec. 52. 
 
 Any employe or agent of commission who divulges any fact or 
 information which may come to his knowledge during the course 
 
 2766 of any such inspection or examination except in so far as he may 
 be directed by commission, or by a court or judge thereof, or 
 authorized by law, shall be guilty of a misdemeanor. Same. 
 
 Commission may examine the accounts, books, contracts, 
 records, documents and papers of any such corporation,^ person 
 
 2767 or municipality, and may, after hearing, prescribe by order the 
 accounts in which particular outlays and receipts shall be en- 
 tered, charged or credited. Same, sec. 66(g) . 
 
 Commission shall at all times have access to all accounts, 
 records and memoranda kept by telegraph and telephone cor- 
 porations, and may designate any of its officers or employes who 
 shall thereupon be authorized under the order of commission to 
 inspect and examine any and all accounts, records and memoranda 
 kept by any such corporation; and commission may, after hear- 
 ing, prescribe by order, the accoimts in which particular outlays 
 and receipts shall be entered, charged or credited. Any em- 
 
 2768 ploye or agent of commission who divulges any fact or informa- 
 tion which may come to his knowledge during the course of any 
 such inspection or examination except in so far as he may be 
 directed by commission or by a court or judge thereof, or author- 
 ized by law, shall be guilty of a misdemeanor. Any provision of 
 law prohibiting the disclosure of the contents of telegraph mes- 
 sages or the contents or substance of telephone communications 
 shall not be deemed to prohibit the disclosure of any matter in 
 accordance with the provisions of this chapter. Same, sec. 95(2) . 
 
 OHIO Commission shall, at all times, have access to 
 
 all accounts kept by public utilities, and may designate any of its 
 
 2769 officers or employes to inspect and examine any and all such ac- 
 counts. Laws iQii, no. J25, sec. 12. 
 
 Except in his report to commission or when called on to tes- 
 tify in any court or proceeding, any such employe or agent who 
 shaU divulge any information acquired by him in respect to the 
 transaction, property, or business of any public utility, while 
 acting or claiming to act as such employe or agent shall be fined 
 
 > Gas and electrical corporations. 
 
not less than $5o ^^^ not more than $ioo, and shall thereafter 
 be disqualified from acting as agent, or in any other capacity 
 under the appointment or employment of commission. Same, 
 sec. I J. 
 
 OREGON Commission shall provide for the examination 
 
 2771 and audit of all accounts, and all items shall be allocated to the 
 accounts in the manner prescribed by commission. Gen. Laws 
 igii, ch. 2jg, sec. i6. 
 
 The agents, accountants or examiners employed by com- 
 
 2772 mission shall have authority under the direction of commission 
 to inspect and examine any and all books, accounts, papers, rec- 
 ords and memoranda kept by such public utilities. Same. 
 
 SOUTH DAKOTA Commission shall, at all times, have access to 
 all accounts, records and memoranda kept by carriers and may 
 
 2773 employ special agents or examiners who shall have authority, 
 under the order of commission, to examine any and all accounts, 
 records and memoranda kept by any common carrier engaged in 
 intrastate commerce. Sess. Laws igii, ch. 2oy, sec. 48. 
 
 WASHINGTON Commission shall at all times have access to 
 
 all accounts, records and memoranda kept by public service com- 
 panies, and may employ special agents or examiners, who shall 
 
 2774 have power to administer oaths and authority, under the order 
 of commission, to examine witnesses and to inspect and examine 
 any and all accounts, records and memoranda kept by such com- 
 panies. Laws iQii, ch. iiy, sec. y8. 
 
 WISCONSIN Identical with pars. 2771, 2772. Laws 190J, 
 
 2776 ch. 4gg, sees. iygym-i4{i)y i^Q^m-i4{2). 
 
 7H 
 
CHAPTER X 
 
 Reports 
 
 SCOPE NOTE 
 
 This chapter includes grants of power authorizing 
 commissions to require formal reports and elicit general 
 information from utilities, and such provisions as impose 
 upon commissions the duty of submitting to designated 
 authorities reports of their own proceedings and of the 
 business and management of utilities. Provisions pre- 
 scribing the filing of reports by utilities with other 
 bodies or officers than commissions or commissioners 
 have been excluded. For provisions incidentally involving 
 reports of utilities, see ch. ix, on accounts, and ch. iii, 
 on basis of rate making. For provisions authorizing 
 commissions to elicit general information by examining 
 under oath the officers, agents or employes of utilities, 
 see ch. ii, on general powers of commission. For pro- 
 visions requiring utilities to report or give notice of 
 accidents, see ch. viii, on safety of operation. For pro- 
 visions requiring the publication and filing with com- 
 missions of lists of persons to whom free or reduced rate 
 or special service has been granted, see ch. vi, on dis- 
 crimination in rates and service. For provisions pre- 
 scribing general procedure to be followed in the exercise 
 of commission authority, see ch. xiv, on commission 
 procedure and practice. For provisions prescribing gen- 
 eral rules of enforcement and judicial review, see ch. xv, 
 on enforcement. For general statement of scope and 
 method, see introduction. 
 
 715 
 
ANALYSIS 
 
 Page 
 
 A. Duty of utilities to make formal reports to commission and authority 
 
 of commission to order such reports and prescribe the nature and 
 form thereof 717 
 
 B. Authority of commission to furnish blank forms for reports and duty of 
 
 utilities with respect thereto 753 
 
 C. Contents of annual reports of utilities as prescribed by statute . . . 763 
 
 D. Duty of utilities to furnish general information to commission and 
 
 authority of commission to call for such information . . . .776 
 
 E. Duty of commission to submit reports, as prescribed, with regard to the 
 
 business and management of public utilities and to make recommenda- 
 tions with respect thereto 782 
 
 yt6 
 
A. DUTY OF UTILITIES TO MAKE FORMAL 
 REPORTS TO COMMISSION AND AUTHOR- 
 ITY OF COMMISSION TO ORDER SUCH RE- 
 PORTS AND PRESCRIBE THE NATURE 
 AND FORM THEREOF. 
 
 UNITED STATES Commission may require amiual reports from 
 all common carriers, and from the owners of all railroads engaged 
 
 S776 in interstate commerce as defined in this act ; prescribe the manner 
 in which all such reports shall be made, and require from such 
 carriers specific answers to all questions upon which commission 
 may need information. Act to Regulate Commerce, sec. 20. 
 
 The annual reports shall contain all the required statistics 
 for the period of 1 2 months ending on Jime 30 in each year, or on 
 December 31 in each year if commission by order substitute that 
 
 2777 period for the year ending Jime 30, and shall be made out imder 
 oath and filed with commission at its office in Washington within 
 three months after the close of the year for which the report is 
 made, imless additional time be granted in any case by commis- 
 sion. Same. 
 
 If any carrier, person, or corporation subject to the provi- 
 sions of this act shall fail to make and file said annual reports 
 within the time above specified, or within the time extended by 
 commission, for making and filing the same, or shall fail to make 
 
 2778 specific answer to any question authorized by the provisions of 
 this section within 30 days from the time it is lawfully required 
 to do so, such party shall forfeit to the United States the sum of 
 $100 for each and every day it shall continue to be in default 
 with respect thereto. Same. 
 
 Commission may by general or special orders require said 
 carriers, or any of them, to file monthly reports of earnings and 
 expenses, and file periodical or special, or both periodical and 
 special, reports concerning any matters about which commission 
 is authorized or required by this or any other law to inquire or to 
 
 2779 keep itself informed or which it is required to enforce; and such 
 periodical or special reports shall be under oath whenever com- 
 mission so requires; and if any such carrier shall fail to make and 
 file any such periodical or special report within the time fixed 
 by commission, it shall be subject to the forfeiture last above 
 provided. Same. 
 
 717 
 
Said forfeitures shall be recovered in the manner provided 
 for the recovery of forfeitures under the provisions of this act. 
 Same. 
 
 The oath required by this section may be taken before any 
 2781 person authorized to administer an oath by the laws of the state 
 in which the same is taken. Same. 
 
 ALABAMA Whether it be required by commission or not 
 
 every railroad corporation, other than street railroad corpora- 
 tions, shall make and keep a full, true and correct record, memo- 
 randa or accoimt of the following facts, in addition to such others 
 as may be required by law or by commission in such manner that 
 full, true and correct information concerning the same may be 
 
 2782 furnished to commission at the end of each fiscal year and at the 
 end of each quarter of the fiscal year, and may be included in the 
 annual reports of said corporation to commission, and it shall be 
 the duty of every such corporation to furnish such information to 
 commission for any fiscal year and for any quarter of the fiscal 
 year within 30 days after demand is made for the same by com- 
 mission. Acts igoj, sp. sess., no. 17, sec. 4. 
 
 Commission shall prescribe the form of the annual or other 
 reports required to be made by common carriers, railroad and 
 street railroad corporations. The form of such reports made by 
 
 2783 the railroad coporations shall conform as near as may be to that 
 required from time to time of common carriers, by the interstate 
 commerce commission, but commission may from time to time 
 make such changes therein and additions thereto as it may deem 
 proper. Same, sec. 6. 
 
 When the reports of any common carrier, railroad corpora- 
 
 2784 tion or street railroad corporation is defective, or believed by 
 commission to be erroneous, commission shall notify the corpora- 
 tion to amend the same within 30 days. Same. 
 
 The originals of the reports shall be preserved in the office 
 
 5786 of commission. Same. 
 
 Commission may also require such corporations to file 
 monthly reports of earnings and operating expenses within a 
 2786 specified time, and may require specific answers to questions upon 
 which it may desire information, to be made in such monthly 
 reports, or at any other time, or in any special, monthly or annual 
 report. Same. 
 
 5787 All such corporations shall file the annual reports herein 
 referred to with commission on or before September 30 in each 
 
 718 
 
year. Commission may extend the time for making and filing 
 such reports for a period not exceeding 60 days. Same. 
 
 If any such corporation shall fail to make and file the annual 
 report within the time above specified, or within the time as ex- 
 tended by commission or shall fail to make specific answers to any 
 questions, or fail to make and file the monthly reports when required 
 by commission within 30 days from the time when it is required 
 to make and file any such report or answer, such corporation shall 
 
 2788 forfeit to the state the sum of $100 for each and every day it shall 
 continue to be in default with respect to such report or answers. 
 Such forfeiture shall be recovered in an action brought by com- 
 mission in the name of the state, in the circuit court or court of 
 like jurisdiction of Montgomery county, and the amount recov- 
 ered in such action shall be paid into the state treasury and cred- 
 ited to the general fund. Same. 
 
 See also par. 2688. 
 
 ARIZONA Every public service corporation shall annually 
 
 furnish to commission at such time and in such form as commis- 
 sion may require a report in which the public service corporation 
 shall specifically answer all questions propoimded by commission 
 upon or concerning which commission may desire information. 
 
 2789 Commission may require any public service corporation to file 
 monthly reports of earnings and expenses, and to file periodical 
 or special, or both periodical and special reports concerning any 
 matter about which commission is authorized by this or any other 
 act to inquire or to keep itself informed, or which it is reqtiired 
 to enforce. All reports shall be under oath when required by 
 commission. Sess. Laws igi2, ch. go, sec. 2g. 
 
 ARKANSAS Every person or corporation operating any 
 
 railroad or express company in this state shall make annual 
 returns of the business of said railroad or express company to 
 commission, which returns shall embrace all receipts and expen- 
 ditures of said railroad or express companies in this state, and to 
 be made according to forms furnished by commission for that 
 
 2790 purpose; said returns shall be made within 30 days after the end 
 of each year to which they relate; and the first returns shall be 
 furnished within 30 days after the passage of this act, imless 
 ftirther time is granted by commission; said rettims shall be 
 sworn to by some officer of said railroad or express company hav- 
 ing knowledge of the matters therein stated. Kirby^s Digest 
 igo4, sec. 6812. 
 
 719 
 
Any such person or corporation who shall fail or refuse to 
 make such returns shall be liable to a penalty of $50 for each day 
 
 2791 of such failure or refusal, such penalty to be recovered by action 
 commenced in the name of the state in any court having juris- 
 diction of the amount, such action to be prosecuted as hereinafter 
 provided. Same. 
 
 CALIFORNIA Provision for public utilities identical with 
 
 2792 par. 2789. Stats. iQii, ist. ex. sess., ch. 14, sec. 2q. 
 
 CONNECTICUT Every railroad company shall make its annual 
 
 returns strictly according to the forms provided, and if the offi- 
 cers, trustees, or receivers find it impracticable to return all the 
 items in detail as required, they shall state in their report the 
 reasons why such details cannot be given; but no company shall 
 be excused for not giving such details; because it does not keep 
 
 2793 its accoimts in such manner as will enable it to do so. When 
 any such returns seem to commission defective or erroneous, it 
 shall notify the company, trustees, or receivers making the same, 
 and require the amendment of such returns within 1 5 days from 
 the time of giving such notice under the same penalty as is pro- 
 vided for refusing or neglecting to make returns. Gen. Stats. 
 igo2, sec. 3820. 
 
 The officers, trustees or receivers of every railroad company, 
 which had leased a railroad upon terms by which the rental is 
 based upon the earnings of the leased road, shall make returns to 
 
 2794 commission concerning the leased road, separate and apart from 
 the business of the lessee, and in the same manner in which the 
 officers of said leased railroad would be required to make returns 
 had it not been leased. Same, sec. 3821. 
 
 Every public service company shall make its annual reports 
 strictly according to the forms provided, and if it shall find it 
 impracticable to answer all the items in detail as required it shall 
 state in its report the reasons why such details cannot be given; 
 but no company shall be excused from giving such details for the 
 reason that it does not keep its accounts in such manner as will 
 
 2795 enable it to do so. When any such report seems to commission 
 defective or erroneous it may notify the company making the 
 same, and require the amendment of such report within 1 5 days 
 from the time of giving such notice, under the same penalty as 
 provided for refusing or neglecting to make such report; and 
 commission may examine the officers, agents, and employes, 
 books, records, accounts, vouchers, plant, and equipment of such 
 
 7ao 
 
company, and may correct such items in such report as, upon 
 such examination, commission may find ought to be corrected. 
 Puh. Acts igii, ch. 128, sec. 26. 
 
 Every person who shall wilfully make any false rettun or 
 report to commission, or to any members thereof, or to any agent 
 or any employe acting therefor, or who shall testify or affirm falsely 
 to any material fact in any matter wherein an oath or affirma- 
 tion is required or authorized, or who shall make any false entry 
 or memorandum upon any accoimt, book, paper, record, report or 
 statement of any company, or who shall wilfully destroy, mutilate, 
 alter, or by any other means or device falsify or destroy the record 
 
 2796 of any such account, book, paper, record, report, or statement 
 with the intent to mislead or deceive commission, or any member 
 thereof, or any agent or employe acting therefor, or who shall 
 wilfully obstruct or hinder commission, or any of its members, 
 agents or employes, in the making of any examination of the 
 accoimts, affairs, or condition of any company, and any person 
 who, with like intent, aids or abets another in any of the acts 
 hereinbefore set forth, shall be fined not more than $5,000, or 
 imprisoned not more than five years, or both. Same, sec. 27. 
 
 See also par. 2Q44. 
 
 FLORIDA Every railroad, railroad company and common 
 
 carrier incorporated or doing business in this state, or which 
 hereafter shall become incorporated or do business in this state 
 shall, annually on or before the first day of August, transmit to 
 
 2797 the office of commission a full and true statement, imder oath of 
 the proper officers of said corporation, of the affairs of such cor- 
 poration, company or common carrier as the same existed on 
 preceding July i. Gen. Stats. igo6, sec. 2go6. 
 
 Every officer, agent or employe of any railroad, railroad 
 company or other common carrier who shall wilfully refuse to 
 make and furnish any report required by commission as necessary 
 
 2798 to the purposes of this act, or who shall wilfully and unlawfully 
 hinder, delay or obstruct the commission in the discharge of its 
 duties imposed upon it, may be declared in contempt and pun- 
 ished as provided for in section 2916. Same, sec. 2918. 
 
 All common carriers shall make to commission annually, at 
 such time as commission shall designate, and in accordance with 
 
 2799 such forms as commission shall prescribe, annual reports for the 
 current year ending June 30 immediately preceding, which shall 
 contain a statement of the organization, capitalization, traffic 
 earnings and such other matters connected with their organiza- 
 
 721 
 
tion and operations as commission shall require, which said report 
 shall be verified by affidavits of the principal officers thereof, and 
 commission shall tabulate and file said annual reports, and in- 
 clude them in its annual report to the governor. Same, sec. 2g20. 
 See also pars. 26 gz, 4ojg. 
 
 GEORGIA Every officer, agent or employe of any railroad 
 
 company who shall wilfully neglect or refuse to make and furnish 
 any report required by commission, as necessary to the purposes of 
 article, or who shall wilfully and unlawfully hinder, delay, or 
 
 2800 obstruct said commission in the discharge of the duties hereby 
 imposed upon it, shall forfeit and pay a sum of not less than $100, 
 nor more than $500, for each offense, to be recovered in an action 
 of debt in the name of the state. Code igii, sec. 2654. 
 
 BLLINOIS Every railroad company or other common 
 
 carrier incorporated or doing business in this state, or which shall 
 hereafter become incorporated or do business under any general 
 or special law of the state, shall, on or before September 30, in the 
 
 2801 year 191 1, and on or before the same day each year thereafter, 
 make and transmit to commission, at its office in Springfield, a 
 full and true statement, under oath of the proper officers of said 
 corporation, of the affairs of the said corporation, as the same 
 existed on preceding July i. Revisal igog, ch. 114, sec. 1J2. 
 
 Commission m.ay m.ake and propound to common carriers 
 any additional interrogatives, requiring information necessary 
 
 2802 to the proper discharge of the duties of commission arising under 
 this act, which shall be answered by such companies in the 
 same manner as those specified in the foregoing section. Same, 
 sec. lyj. 
 
 Sections 172 and 173 shall apply to the president, directors 
 and officers of every common carrier now existing or which shall 
 
 2803 be incorporated or organized in this state, and to every lessee, 
 manager and operator of any common carrier within the state. 
 Same, sec. 1^4. 
 
 Every owner, lessee or manager of ever}' public warehouse in 
 this state shall furnish in writing, under oath at such times as 
 
 2804 commission shall require and prescribe, a statement concerning 
 the condition and management of his business as such warehouse- 
 man. Revisal igog, ch. 114, sec. 775. 
 
 Every railroad company or other common carrier and every 
 officer, agent or employe of any railroad company or other com- 
 mon carrier, and every owner, lessee, manager or employe of any 
 
 722 
 
warehouse, who shall wilfully neglect to make and furnish any 
 report required in this act at the time required, or who shall wil- 
 fully and unlawfully hinder, delay or obstruct commission in the 
 discharge of the duties hereby imposed upon it, shall forfeit and 
 2806 pay a simi not less than Sioo nor more than $5,000 for each of- 
 fense, to be recovered in an action of debt in the name and for 
 the use of the people of the state; and every railroad company , or 
 other common carrier, and every officer, agent or employe of any 
 such railroad company, or other common carrier, and every 
 owner, lessee, manager, or agent or employe of any public ware- 
 house, shall be liable to a like penalty for every period of ten days 
 it or he shall wilfully neglect or refuse to make such report. 
 Same, sec. 182. 
 
 Commission may call upon such express companies or car- 
 riers by express for reports, and investigate their books in the 
 same manner as may be provided by law for the regulation of 
 
 2806 railroad companies, which reports shall be furnished to com- 
 mission on demand. All laws, rules and regtdations made and 
 prescribed for the government of railroad, in so far as they are 
 or may be applicable, shall be of equal force against all such ex- 
 press companies or carriers by express. Same, sec. 375. 
 
 INDIANA Every carrier shall annually on or before 
 
 October i, file with commission, under the signature and oath of 
 its principal accounting officer, a detailed report, in the form pre- 
 scribed by commission, of all its financial and business operations 
 in this state for the year ending on June 30 preceding, and such 
 report shall embrace such other information and facts as shall 
 be prescribed by the interstate commerce commission for reports 
 of interstate carriers thereto, and such reports shall be in the 
 
 2807 form so prescribed, in so far as the same is applicable. Any 
 carrier failing to make such report for 30 days after the same shall 
 be due, unless the time therefor shall be extended by commission, 
 shall forfeit and pay to the state the sum of $ioo for each and 
 every day of such default, to be collected as provided in this act; 
 provided, that the first report required to be made by an electric, 
 interurbar^ or suburban railroad pursuant to this paragraph shall 
 be for the year ending June 30, 1908. Burns^ Annot. Stats. igo8, 
 sec. 5533(f)- 
 
 IOWA Commission shall require annual reports from 
 
 all common carriers to be made at the same time it makes report 
 , isos to the executive council, to cover the same period, and pre- 
 ; ■ = scribe the manner in which specific answers to all questions upon 
 
 723 
 
which it may need information shall be made. Code iSgy, sec. 
 2143. 
 
 Commission may also require of any and all common carriers 
 such other reports, and fix the time for filing the same, as in its 
 judgment shall be necessary and reasonable, which reports shall 
 be in such form, and concerning such subjects, and be from such 
 
 2809 sources as it shall direct, except as otherwise provided herein. 
 Any corporation, company or individual owning or operating a 
 railway within the state, neglecting or refusing to make the re- 
 quired reports by the date fixed, or fixed by commission, shall be 
 subject to a penalty of $100 for each and every day of delay in 
 making the same after the date thus fixed. Same. 
 
 KANSAS To enable commission to make its report, the 
 
 president or managing officer of each railroad or transportation 
 company shall annually make to commission on September 1 5 of 
 each year, such returns, in the form which it may prescribe, as 
 will afford the inforriiation required for its said official report. 
 
 2810 Such returns shall be verified by the oath of the officer making 
 them; and any corporation herein named whose returns shall 
 not be made as herein prescribed by September 15, shall be liable 
 to a penalty of $500 for each and every day after September 16 
 that such report shall be wilfully delayed or refused. Gen. Stats. 
 iQog, sec. y2i8. 
 
 Any person who shall wilfully and corruptly swear, testify or 
 affirm falsely to any material matter, upon any oath or affirma- 
 tion or declaration legally administered in any cause, matter or 
 
 2811 proceeding before commission or any member thereof, or in any 
 return, answer or report required by this act to be made, shall be 
 deemed guilty of wilful and corrupt perjury, and shall be pun- 
 ished by imprisonment in the penitentiary at hard labor for a 
 term not exceeding seven years. Same, sec. 72 ig. 
 
 Each common carrier and all public utilities shall, on or, 
 before September 15, 191 2, and on or before the same day in eachj 
 year thereafter, make and transmit to commission, at its officej 
 
 1812 in Topeka, Kansas, a full and true statement, under oath, of the 
 proper officers of such corporation, of the affairs of such public^ 
 utility or common carrier, for the period ending on Jtme 30 pre-i 
 ceding. Laws 1911, ch. 2j8, sec. 24. 
 
 Said detailed reports shall contain all the required statistics | 
 
 S8IS for the period of 12 months, ending on June 30 of each year, and 
 shall be made under oath, and filed with commission at Topeka> 
 on or before September 15 then next following, unless an addi- 
 
 724 
 
tional time shall be granted in any case by commission; and if 
 any carrier, person or corporation shall fail to make and file such 
 annual reports within the time above specified, or within the 
 time extended by commission for making and filing the same, 
 such party shall forfeit to the state the sum of $ioo for each and 
 every day it shall continue to be in default -with respect thereto. 
 Same. 
 
 KENTUCKY Each officer, agent or employe failing or re- 
 
 fusing to make, under oath, any report required by commission 
 within the time required, or failing or refusing to answer fully, 
 under oath, if required, any inquiry propounded by commission, 
 or who shall, in any way, hinder or obstruct commission in the 
 discharge of its duty, shall be guilty of a misdemeanor, and shall 
 
 2814 be fined for each offense not less than $500 nor more than $1,000, 
 
 and commission shall prosecute the person offending; and the 
 
 Franklin circuit court, or the circuit coiut of any county through 
 
 which the railroad runs, the officer, agent or employe of which 
 
 I has violated the provisions of this section, shall have jurisdic- 
 
 * tion of such prosecution; and the commonwealth's attorney shalj 
 prosecute all indictments, actions and proceedings under this 
 
 t law. CarrolVs Stats, igog, sec. 828. 
 
 Every railroad company shall, on or before September i, in 
 each year, make and transmit to commission, at its office in 
 2816 Frankfort, imder oath of the president or manager of the com- 
 pany, a full and true statement of the affairs of said company as 
 the same existed on the first day of the preceding July. Wheeler^ s 
 I Stais. igog, sec. 54og. 
 
 MAINE Every railroad corporation shall, by Septem- 
 
 I ber I, make an annual return to commission of its operations for 
 
 * each year ending Jime 30, verified by the oath of its treasurer, 
 
 2816 which return shall be in the form reqtiired to be made for the same 
 year to the interstate commerce commission with such additions 
 for any year as may be prescribed before the beginning of the 
 year by commission. Rev. Stats, igoj, ch. 5/, sec. 4g. 
 
 Any railroad corporation wilfully neglecting to make such 
 return, forfeits $1,000 to the state, to be recovered in an action 
 
 2817 on the case, or by complaint and indictment; and commission 
 shall notify the attorney general of such neglect, who shaE prose- 
 cute for the recovery of such forfeiture. Same. 
 
 MARYLAND Commission shall prescribe the form of the 
 
 annual reports reqviired imder this act to be made by common 
 
 725 
 
carriers, railroads, street railroads, railroad corporations and 
 street railroad corporations and all other corporations subject to 
 the provisions of this act, and may from time to time make such 
 changes therein and additions thereto as it may deem proper; 
 provided, however, that if any such changes or additions require 
 any alteration ii> the method or form of keeping the accoimts of 
 
 2818 such corporations, commission shall give to them at least six 
 months' notice before the expiration of any fiscal year of any 
 such changes or additions, and on or before June 30 in each year, 
 shall furnish a blank form for such report. The contents of such 
 report, and the form thereof, shall conform as nearly as possible 
 to that required of common carriers imder the provisions of the 
 act of Congress entitled "An act to regulate commerce," ap- 
 proved February 4, 1887, and the act amendatory thereof ap- 
 proved Jime 29, 1906, and other amendments thereto. Laws 
 iQio, ch. 180, sec. 21. 
 
 Commission may require such report to contain information 
 
 2819 in relation to rates or regiilations concerning fares or freights, 
 agreements or contracts affecting the same, so far as such rates or 
 regulations pertain to transportation within the state. Same. 
 
 When the report of any person or corporation is defective, 
 
 2820 or believed to be erroneous, commission shall notify it to amend 
 the same within a time prescribed by commission. Same. 
 
 The originals of the reports, subscribed and sworn to as pre- 
 3821 scribed by law, shall be preserved in the office of commission. 
 Same. 
 
 Commission may also require common carriers to file periodic 
 
 2822 reports of earnings and expenses within a specified time. Same. 
 
 Commission may reqmre of all common carriers specific, 
 
 2823 answers to questions upon which commission may need in-j 
 formation. Same. 
 
 The annual report required to be filed by a common carrierj 
 
 2824 shall be so filed on or before September 30 in each year. Com-; 
 mission may extend the time for making and filing such report forj 
 a period not exceeding 60 days. Same. 
 
 If such common carrier shall fail to make and file the annual! 
 report within the time above specified, or within the time as ex-| 
 tended by commission, or shall fail to make the specific answer to j 
 any question, or shall fail to make the periodic reports when] 
 required by commission as herein provided, within 30 days from;; 
 the time when it is required to make and file any such report orj 
 3836 answer, such common carrier shall forfeit to the state the sumj 
 
 726 
 
of $ioo for each and every day it shall continue to be in defatdt 
 with respect to such report or answer. Such forfeiture shall be 
 recovered in an action brought by commission in the name of 
 the state. The amoimt recovered in any such action shall be 
 paid to the state treasurer, except one-fourth thereof, which shall 
 be paid to the mayor and city council of Baltimore. Same. 
 
 Commission shall require every person and every gas or elec- 
 
 2826 trie corporation under its supervision to submit to it an annual 
 report, verified by the oath of the president, treasurer or general 
 manager thereof. Same, sec. 31%. 
 
 Such reports shall be in the form, cover the period and be 
 submitted at the time prescribed by commission. Commission 
 may, from time to time, make changes and additions in such 
 forms, giving to the persons, corporations and municipalities six 
 months' notice before the time fixed by commission as the ex- 
 
 2827 piration of the fiscal year of any changes or additions which would 
 require any alteration in the method or form of keeping their 
 accounts for the ensuing year. When such report is defective 
 or believed to be erroneous commission shall notify the person, 
 corporation making such report to amend the same within 30 
 days. Same. 
 
 Any such person or corporation which shall neglect to make 
 any such report within the time specified by commission, or which 
 shall fail to correct any such report within 30 days after notice 
 shall be liable to a penalty of $100 and an additional penalty of 
 
 2828 $100 for each day after the prescribed time for which it shall 
 neglect to file or correct the same, to be sued for in the name of 
 the state. The amount recovered in any such action shall be 
 paid to the state treasury, one-fourth thereof, however, shall be 
 paid to the mayor and city coimcil of Baltimore. Commission 
 may extend the time herein limited for cause shown. Same. 
 
 Commission shall require every person and every telephone 
 
 2829 or telegraph corporation imder its supervision to submit to it an 
 actual (annual?) report, verified by the oath of the president, 
 treasurer, or general manager. Same, sec. jg. 
 
 Such reports shall be in the form, cover the period and be 
 submitted at the time prescribed by commission. Commission 
 may, from time to time, make changes and additions in such 
 
 2830 forms, giving to the persons and corporation three months' notice 
 before the time fixed by commission as the expiration of the fiscal 
 year of any changes or additions which would require any altera- 
 tion in the method or form of keeping their accoimts for ensuing 
 
 727 
 
year. When any such report is defective, or believed to be erro- 
 neous, commission shall notify the person or corporation making 
 such report to amend the same within 30 days. Same. 
 
 Any such person or corporation which shall neglect to make 
 any such report within the time specified by commission, or 
 which shall fail to correct any such report within 15 days after 
 notice, shall be liable to a penalty of $100 and an additional pen- 
 
 2831 alty of $10 for each day after the prescribed time for which it 
 shall neglect to file or correct the same, to be sued for in the name 
 of this state. The amount recovered in any such action shall be 
 paid into the state treasury and be credited to the general fund. 
 Commission may extend the time herein limited for cause shown. 
 Same. 
 
 MASSACHUSETTS Corporations and companies engaged in the 
 manufacture and sale of gas or electricity for light or heat shall 
 annually on or before the second Wednesday of September, make 
 
 2832 to commission in a form prescribed by it, a return for the year 
 ending on June 30, preceding, signed and sworn to by its president 
 and treasurer and a majority of the directors. Rev. Laws igo2, 
 ch. i2iy sec. ji.^ 
 
 Each such gas or electric light corporation or company neg- 
 lecting to make the annual return required by the preceding sec- 
 tion, shall, for the first 15 days or portion thereof during which 
 such neglect continues, forfeit $5 a day; for the second 15 days or 
 any portion thereof, $10 a day; and for each day thereafter not 
 
 2833 more than $15 a day. If any company imreasonably refuses or 
 neglects to make such return, it shall, in addition thereto, forfeit 
 not more than $500 for each offense. All forfeitures recovered 
 tmder the provisions of this section shall be paid into the treasury 
 of the commonwealth and applied to the payment of the expenses 
 of commission. Same, sec. 32. 
 
 Every company engaged in the business of the transmission 
 of intelligence by electricity, within the commonwealth shall 
 annually, on or before October i, in each year after the year 1906, 
 submit to commission a report of its doing for the year ending on 
 2884 such date or dates preceding as commission may designate, which 
 report shall be in such form and detail as commission may from 
 time to time prescribe, and shall be called the ''Annual Return. " 
 Such return shall be sworn to by the treastirer and by the chief 
 accounting officer of such company. Acts igo6, ch. 433, sec. 8. 
 Any company engaged in the business of the transmission of 
 
 » See footnote ijpar. 276. 
 
 728 
 
intelligence by electricity neglecting to make the annual return 
 required by the preceding sections shall, for the first 1 5 days or 
 portion thereof during which such neglect continues, forfeit $5 a 
 day; for the second 15 days or any portion thereof, $10 a day; and 
 8835 for each day thereafter a sum not exceeding $15 a day. If any 
 company unreasonably refuses or neglec1:s to make such return, 
 it shall, in addition thereto, forfeit not more than $500 for each 
 offense. All forfeitures recovered tmder the provisions of this 
 • act shall be paid in to the treasury of the commonwealth. Same, 
 sec. p. 
 
 Commission shall prescribe the form for the annual returns 
 to be made by railroad corporations and street railway companies, 
 may, from time to time, make changes and additions in such form, 
 and shall give to the corporations and companies one year's 
 
 2836 notice of any changes or additions which require an alteration in 
 the method or form of keeping their accounts. It may change 
 the form of returns of railroad corporations to conform to the 
 form of returns required by the interstate commerce commission, 
 if it gives to such corpi^ratlons one month's notice of such change. 
 Acts igo6, ch. 463, pt. i, sec. 20. 
 
 If a return is defective or appears to be erroneous, commis- 
 sion shall notify the corporation or company to amend it within 
 
 2837 15 days. The original of each return or amended return, sub- 
 scribed and sworn to by the directors, treasurer and chief account- 
 ing officer of the corporation or company, shall be preserved in 
 the office of commission. Same. 
 
 ' The directors of a railroad corporation shall annually, on or 
 before the first Wednesday of September, transmit to commission 
 a report of their doings for the year ending on June 30 preceding 
 which shall be called the annual return and which shall be sworn 
 to by them and by the treasurer and the chief accounting officer 
 of the corporation. Such return shall state whether any fatal 
 accident or serious injury has occurred to a passenger or other 
 S838 person upon the railroad during the year,- and, if so, the cause 
 of such accident or injury and the circumstances under which it 
 occurred; shall set forth copies of all contracts or leases made with 
 other railroad corporations during the year, and specify the re- 
 ceipts and expenditures under the same; and shall include a 
 detailed statement of all particulars relative to the railroad, its 
 business, receipts and expenditures during the year, in such form 
 as shall be prescribed by commission under the provisions of 
 section 20 of part I. Acts igo6, ch. 46 j^ pt. it, sec. 248. 
 
 729 
 
The books of each corporation shall be so kept that returns 
 may be made in exact conformity with the form so prescribed; 
 
 2839 and the accounts shall be closed on June 30 in each year, so that 
 a balance sheet of that date can be taken therefrom and included 
 in the return. Same. 
 
 Every railroad corporation which neglects to make said 
 annual return within the time prescribed in this section, or to 
 amend said return within 1 5 days, when required by commission 
 
 2840 as provided in section 20, shall forfeit, for every such neglect, 
 $50 for each day during which such neglect continues; and if such 
 corporation unreasonably refuses or neglects to make said return, 
 it shall forfeit for every such refusal or neglect not more than 
 $5,000. Same. 
 
 Every railroad corporation which operates a railroad within 
 this commonwealth shall, within 50 days after the expiration of 
 each quarter of the calendar year, transmit to commission a 
 quarterly statemenW)f its business and financial condition, in 
 
 2841 such form and with such detail as commission may require, which 
 shall at reasonable times be open to public inspection. A rail- 
 road corporation which neglects to comply with the provisions 
 of this section shall forfeit $50 for each day during which such 
 neglect continues. Same, sec. 24g, 
 
 Every railroad corporation shall, during the continuance of 
 any lease which it has taken of the railroad of another corpora- 
 tion, make all the returns required of the lessor; and during the 
 continuance of such lease, the lessor shall not be required to make 
 
 2842 such returns, if, when requested by the lessee, the lessor fur- 
 nishes all the information in its possession needed to make such 
 returns; but if a railroad in this commonwealth is leased to a 
 lessee in another state, the lessors in this commonwealth shall 
 make the annual return. Same, sec. 250. 
 
 The directors of every street railway company shall an- 
 nually, on or before the first Wednesday of November, trans- 
 mit to commission a return of the doings of the company for the 
 year ending on September 30 preceding, which- shall be sworn to 
 2848 by themselves and by the treasurer and the superintendent of the 
 company. Such return shall set forth copies of all leases and 
 contracts made during the year with other companies and in- 
 dividuals, and shall contain full and complete information upon 
 the several items contained in the form prescribed by commission. 
 Acts 1Q06, ch. 463, pt. in, sec. 151. 
 
 A company which owns a leased railway shall be responsible 
 
 730 
 
for the completeness and correctness of its annual return to the 
 same extent as if the railway were in its own possession. If a re- 
 
 2844 turn is defective or appears to be erroneous, commission shall 
 notify the company to amend it within 15 days. A company 
 which neglects to make a return, or to amend it when notified so 
 to do, shall forfeit $25 for each day during which such neglect 
 continues. Same. 
 
 Commission may make changes in and additions to the form 
 of the returns required by the preceding section, if it gives to the 
 
 2845 several companies one year's notice of any such changes and ad- 
 ditions as require an alteration in the method or form of keeping 
 their accounts. Same, sec. 152. 
 
 The lessee of a street railway shall make to the company 
 which owns it the same annual return under oath of the opera- 
 
 2846 tions and business of the railway as is required of the company 
 which owns it ; and, for failure so to do, shall be liable in an action 
 of tort to said company for all the penalties prescribed by law for 
 failure by it to make its annual return. Same, sec. 154. 
 
 Every person, firm, association or corporation doing an ex- 
 press business upon either a railroad or railway in this common- 
 wealth shall annually, on or before the first Wednesday in Novem- 
 ber, transmit to commission a return of his or its doings for the 
 year ending on September 30 preceding, said return to be under 
 oath of such person or of the financial officer or representative of 
 
 2847 such firm, association or corporation. The return shall set 
 forth copies of all contracts made during the year with other per- 
 sons, firms, associations or corporations doing a transportation 
 or express business upon any railroad or railway in the common- 
 wealth, and shall give complete information in reply to the 
 questions presented in the form for such return which shall be 
 prescribed by commission. Acts igo8, ch. ^gg, sec. i. 
 
 If a return made under the provisions of the preceding sec- 
 tion appears to be defective or erroneous, commission shall re- 
 quire the person, firm, association or corporation making it to 
 
 2848 amend it within 15 days. A person, firm, association or corpo- 
 ration neglecting to make a return as herein required or to amend 
 it when requested so to do shall forfeit $25 for each day during 
 
 » which such neglect continues. Same, sec. 2. 
 The annual returns now required by law to be made to 
 
 2849 railroad commission shall be returns for the year ending Jime 30, 
 and shall be transmitted to commission on or before September 
 30 upon blank forms of return to be furnished by commission on 
 
 731 
 
or before June i, in each year. The time within which all re- 
 turns are required by law to be made to commission may be ex- 
 tended by commission to such date subsequent thereto as it may, 
 for good cause shown, fix in any case. Acts igog, ch. j02, sec. i. 
 See also par. 2588. 
 
 MICHIGAN Every corporation incorporated under this act * 
 
 shall, on or before May i, in the year 1882, and on or before the 
 same day in each and every year thereafter, make and transmit tQ 
 
 S850 commission at its office in Lansing, a full and true statement, 
 imder oath, of the proper officers of said corporation, of the 
 affairs of said corporation on December 31 preceding. Comp. 
 Laws i8gy, sec. 6372. 
 
 Commission may require of persons, firms or corporations ^ 
 
 2861 annually a verified report upon such form and giving such infor- 
 mation as will enable commission to better discharge the duties 
 imposed upon it hereby. Puh. Acts igog, no. 106, sec. 6. 
 
 Every common carrier incorporated or doing business in this 
 state, or which hereafter shall become incorporated or do busi- 
 ness in this state, shall on or before October i, 1909, and on or 
 before the same day each year th'ereafter make and transmit to 
 commission at its office in Lansing a full and true statement, 
 
 S85S under oath of the proper official of such corporation, of the affairs 
 of such corporation relative to the state of Michigan for the year 
 ending Jime 30 preceding, which statement for the state of 
 Michigan shall be similar in character and detail to the annual 
 report, if any, required to be made by such carriers to the inter- 
 state commerce commission. Puh. Acts igog, no. joo, sec. jo. 
 
 Commission may make and propound to such common car- 
 rier subject to the provisions of this act, any other or additional 
 interrogatories relating to the management of such corporation 
 and to the condition of its respective road and rolling stock and 
 
 S85S such other subjects as in its judgment may be necessary in order 
 to gain full information in regard thereto. Every common 
 carrier doing business in this state, shall, when so ordered by 
 commission, report to commission its earnings from every source 
 for the period designated in such order, and the proper blanks 
 for that purpose shall be furnished by commission. Same, sec. 30. 
 Each telephone company shall make on or before December 
 I of each year upon blanks to be furnished by commission, a state- 
 
 » An act to authorize the incorporation of companies for the construction of union 
 railroad stations and depots, with the necessary connecting tracks, and the management of 
 the same. 
 
 * For the transmission of electricity. 
 
ment of its income and expense for the preceding fiscal year, 
 2854 amount of stock and other securities issued, investment in ex- 
 changes, toll lines, real estate and such other information as com- 
 mission may require, said statement to be made under oath of the 
 president and secretary of the company. Pub. Acts igii, no. 
 ij8y sec. ly. 
 
 See also par. 2g^4. 
 
 MINNESOTA On or before April i of each year, every rail- 
 
 road company which has received lands from the state or the 
 United States to aid it in the building of its road shall make to 
 commission a full and complete return of all lands sold or con- 
 
 2865 tracted to be sold during the years ending December 31 pre- 
 ceding, verified by the land commissioner or other proper officer 
 of such company. All trustees or other persons to whom any 
 such lands have been conveyed, or by whom such lands are held 
 or otherwise, shall be subject to this vSection. Rev. Laws igojj 
 sec. loii. 
 
 Every carrier subject to supervision of commission shall 
 annually, on or before September 30, unless additional time be 
 granted, file with commission a report verified by such carrier, 
 
 2866 or by its president, vice-president, treasurer, comptroller, 
 auditor, or receiver, in such form as commission may prescribe, 
 covering the year ending June 30 next preceding. Same, sec. 
 1984. 
 
 Any such carrier failing to comply with the provisions of this 
 2857 section or with any order of commission made thereimder shall 
 forfeit, for each day's default, $100, to be recovered in a civil 
 J:' action in the name of the state. Same. 
 
 MISSISSIPPI All railroads and other common carriers are 
 
 2868 required to take notice of the time of making the returns and 
 
 reports required by law. Code igo6, sec. 48 jj. 
 
 Every railroad shall make quarterly returns to commission, 
 
 within 40 days after the end of each quarter, of all receipts and 
 
 2859 expenditures of the railroads, and embracing such other proper 
 matters as commission shall require. The returns shall be 
 according to forms prescribed by commission. Same, sec. 4874. 
 
 Every railroad shall make a report to commission, on blanks 
 to be furnished by it, up to and including June 30 of each year 
 within 60 days after that date, and to report therein fully as to 
 
 2860 all matters required by commission. The report shall give the 
 name of each person transported free of charge and the consider- 
 
 
 733 
 
ation for such free transportation, and the number of miles 
 traveled. Samey sec. 4875. 
 
 The annual reports and quarterly returns shall be sworn to 
 
 by one or more officers of the railroad or of the persons operating it 
 
 2861 who has knowledge of their truth; and any person knowingly 
 
 swearing falsely to any statement in any of said annual reports 
 
 or quarterly retirms shall be guilty of perjiuy. Same, sec. 4876. 
 
 If any railroad shall fail or refuse to make any annual report 
 
 or quarterly return within the time prescribed, or to report or 
 
 S862 return ftdly in the manner required, it shall forfeit the sirni of $50 
 
 for each day's delay, to be recovered in an action to be instituted 
 
 by commission. Same, sec. 48JJ. 
 
 Every express, telegraph (telephone?) and sleeping car com- 
 pany doing business in or through this state shall make the like 
 returns and reports as are required of railroads, of the like dates 
 and within time prescribed for railroads, and on the forms pre- 
 sses scribed by commission, and imder the like penalty on their 
 several parts and on the parts of their officers, and shall, more- 
 over, by any failure to comply with the law and the reasonable 
 requirements of commission, forfeit its right to do business in 
 this state. Same, sec. 48^8. 
 
 MISSOURI The directors of every railroad company or 
 
 corporation which is now or hereafter may be organized under 
 the laws of this state, shall hold a meeting on the second Tuesday 
 in March of each year, for the transaction of such business as may 
 properly come before them at their office or place of business 
 which shall have been established in this state, 30 days' notice 
 having been given by publication in two or more newspapers hav- 
 ing the greatest circulation in the county or city in which the 
 office of such railroad company or corporation shall be situated. 
 The general manager or other chief officer of every such railroad 
 
 2S64 company or corporation, and the manager or other chief officer of 
 every railroad company or corporation organized under the laws 
 of another state, and owning, leasing, operating or controlling a 
 railroad within this state, shall, on or before October i, of each 
 year, transmit to the office of commission a statement in detail 
 of the affairs of such company or corporation as the same ex- 
 isted on Jime 30 first preceding, and of the business operations 
 of such company or corporation for the year ending Jtine 30 as 
 aforesaid. Said statements must be certified to under oath of the 
 proper officer of said company or corporation, and must be made 
 out upon printed forms, of which forms two shall be furnished 
 
 734 
 
by commission to each company or corporation, which printed 
 : forms shall contain all interrogatories necessary to obtain a full 
 
 ^ statement, in detail, of the organization, condition, business 
 
 affairs and operations of such railroad company or corporation 
 
 for the year ending June 30 as aforesaid. Rev. Stats, igog, sec. 
 I 3o8g. 
 
 The directors of any such railroad company who shall fail to 
 
 hold such meeting, or neglect to make such report, or fail to 
 
 2865 transmit such report to the office of commission within the time 
 prescribed by section 3089 hereof, shall be deemed guilty of a 
 misdemeanor, and upon conviction, shall be punished by a fine 
 of not less than $250 nor more than $1,000. Same, sec. jogo. 
 
 Every express company shall cause their agents and em- 
 ployes to prepare and furnish a complete verified monthly state- 
 ment of the amount of business done by each of their respective 
 offices, both state and interstate, on blanks furnished by commis- 
 sion, and which statements shall be filed in the office of comr 
 
 2866 mission. Any such express company, their agents or employes, 
 who shall fail or refuse to furnish such statement, shall be deemed 
 guilty of a misdemeanor and, upon conviction, shall be fined not 
 less than $100, nor more than $1,000 for each refusal or failure 
 to furnish such statements; such fines to be recovered by the 
 prosecuting attorney of the county where such office is located. 
 Same, sec. 3288/. 
 
 The directors of every express company or corporation which 
 is now, or hereafter may be organized iinder the laws of this 
 state shall hold a meeting upon the second Tuesday in March of 
 each year, for the transaction of such business as may properly 
 come before them, at their office or place of business, which shall 
 have been established in this state, 30 days' notice having been 
 given by publication in two or more newspapers having the 
 greatest circulation in the county or city in which the office of such 
 
 2867 express company or corporation shall be situated. The general 
 manager or other chief officer of every such express company or 
 corporation, and the general manager or other chief officer of 
 every express company or corporation organized under the laws 
 of another state, and doing an express business in this state, 
 shall, on or before October i, of each year, transmit to the 
 office of commission a statement in detail of the affairs of such 
 company or corporation as the same existed on June 30 first 
 preceding, and of the business operations of such company or 
 corporation for the year ending June 30 as aforesaid. Said 
 
 735 
 
statements must be certified to under oath of the proper officers 
 of said company or corporation, and must be made out upon 
 printed forms, of which forms two shall be furnished by com- 
 mission to each company or corporation, which printed forms 
 shall contain all the interrogatories necessary to obtain a full 
 statement, in detail, of the organization, condition, business 
 affairs and operations of such express company or corporation 
 
 for the year ending June 30 as aforesaid. Same, sec. 32g4. 
 
 ■ 
 
 The directors of any such express company who shall fail 
 to hold such meeting, or neglect to make such report, or fail to 
 
 2868 transmit such report to the office of commission within the time 
 prescribed by section 3294, shall be deemed guilty of a mis- 
 demeanor, and upon conviction shall be punished by a fine of 
 not less than $250 nor more than $1,000. Same, sec. 32g^. 
 
 Every owner, lessee and manager of every public warehouse 
 or elevator shall furnish in writing, under oath, at such times as 
 
 2869 commission shall require and prescribe, a statement concerning 
 the condition and management of his business as such ware- 
 houseman or elevatorman. Same, sec. 6jgS. 
 
 MONTANA Commission shall require verified annual re- 
 
 ports from each and every railroad owning, operating or having 
 any line of railroad in this state, prescribe the manner in which 
 such reports shall be made, and may require specific answers to 
 all questions upon which commission may desire information. 
 It shall be the duty of the president or other officer in charge of 
 such railroad to make such report and answers to commission. 
 
 2870 Commission may, at such other times as it may deem necessary, 
 require such other information, statements or reports, as may be 
 deemed necessary, and fix the time for filing of the same. Any 
 railroad failing or refusing to make or file such annual report, or 
 failing or refusing to furnish such additional information, state- 
 ments or reports, as may be demanded by commission, shall for- 
 feit the simi of $500 for each day that such refusal or neglect 
 shall be continued. Rev. Codes igoy, sec. 4395. 
 
 NEBRASKA Every common carrier shall, on August i, 
 
 and annually thereafter, transmit to the office of commission 
 
 1871 a full and complete statement under oath of its proper officers, 
 of the affairs of such common carrier, as the same existed on 
 the first day of July next preceding. Cobbey's Annot. Stats. 
 1909, sec. 10657. 
 
 1872 If any common carrier shall neglect or refuse to file such: 
 
 736 
 
statement with commission, it shall forfeit and pay for each such 
 offense not less than $500 nor more than $5,000. Same, sec. 
 io657{a). 
 
 NEVADA Every railroad company shall, on or before 
 
 September 15, 1907, and on or before the same day of each 
 year thereafter, make and transmit to commission in its office 
 in Nevada a full and true statement, under oath of the proper 
 officer of such corporation, of the affairs of such corporation rela- 
 
 2873 tive to the state of Nevada, for the year ending on June 30, 
 preceding, which statement for the state of Nevada shall be simi- 
 lar in character and detail to the annual report required to be 
 made by railroad companies to the interstate commerce com- 
 mission, and such other and further information as may be re- 
 quired by commission. Stats, igoj, ch. 44, sec. 20. 
 
 The accounts of all such public utilities shall be closed 
 annually on June 30, a balance sheet taken promptly therefrom, 
 and full annual reports of the business be made to commission 
 not later than September 15, following the closing of the ac- 
 counts. The reports shall be made in such form as may be 
 
 2874 prescribed by commission, and shall contain all the information 
 deemed by commission necessary for the proper performance 
 of its duties. Commission may, at any time, call for desired 
 information omitted from such reports, or not provided for there- 
 in, whenever, in the judgment of commission, such information 
 is necessary. Stats. 191 1, ch. 162, sec. 7(6). 
 
 Any officer, agent or person in charge of the books, ac- 
 counts, records and papers, or any of them, of any public utility, 
 who shall refuse or fail for a period of 30 days to ftunish com- 
 mission with any report required by the provisions of this act, 
 and any officer, agent or person in charge of any particular books, 
 accounts, records, or papers relating to the business of such 
 public utility who shall refuse to permit any commissioner or 
 2876 other person duly authorized by commission to inspect such 
 books, accounts, records, or papers on behalf of commission shall 
 be subject to a fine of not less than $100 or more than $500, such 
 fine to be recovered in a civil action upon the complaint of com- 
 mission in any court of competent jurisdiction; and each day's 
 refusal or failure on the part of such officer, agent or person in 
 charge shall be deemed a separate offense, and be subject to the 
 penalty herein prescribed. Same, sec. 8. 
 
 Every annual report, record or statement required by this 
 act to be made to commission shall be sworn to by the proper 
 
 737 
 
officer, agent or person in charge of such public utility. Any 
 
 2876 intentionally false oath as to the correctness of such report, 
 record or statement, shall be deemed perjury, and the person 
 making such false oath shall, upon conviction, be punished as in 
 the case of other perjuries. Same, sec. 2g. 
 
 NEW HAMPSHIRE Every railroad corporation and public utility 
 shall file with commission reports at such times, verified by oath 
 in such manner, and setting forth such statistics and facts as may 
 
 2877 be required by commission. In the case of railroad corporations 
 annual reports shall conform as nearly as may be to those required 
 of common carriers by the interstate commerce commission. 
 Laws iQii, ch. 164, sec. 8{a). 
 
 If any railroad corporation or public utility shall neglect 
 or refuse to make and file any report within a time specified by 
 commission, or shall neglect or refuse to make specific answer to 
 any question lawfully asked by commission, such railroad cor- 
 
 2878 poration or public utility shall forfeit to the state the sum of $100 
 for each and every day it shall continue to be in default with 
 respect to such report or answer, unless it shall be excused by 
 commission from making such report or answer or the time for 
 making the same shall be extended by commission. Same, 
 sec. 8{h). 
 
 NEW JERSEY Commission may require every public utility 
 
 to furnish annually a detailed report of finances and operations, 
 
 2879 in such form and containing such matters as commission may 
 from time to time by order prescribe. Laws igii, ch. iqJ), sec. 
 iy{e). 
 
 Commission may require every public utility to file with 
 commission a statement in writing, verified by the oaths of the 
 president and secretary thereof, respectively, setting forth the 
 name, title of office or position and post-office address, and the 
 authority, power and duties of every officer, member of the board 
 of directors, trustees, executive committee, superintendent, chief 
 or head of construction and operation, or department, division 
 
 2880 or line of construction and operation thereof, in such form as to 
 disclose the source and origin of each administrative act, rule, 
 decision, order or other action of the corporation, and shall,| 
 within ten days after any change is made in the title of, or author-j 
 ity, powers or duties appertaining to any such office or positioi 
 or the person holding the same, file with commission a like state 
 ment, verified in like manner, setting forth such change. Samt^ 
 $ec. 2 J. 
 
 738 
 
NEW MEXICO Commission shall prescribe the form of all 
 
 2881 reports which may be required of corporation by this constitution 
 or by law, and shall collect, receive and preserve such reports, and 
 annually tabulate and publish them. Const., art. xi, sec. 6. 
 
 Commission may at all times inspect the books, papers and 
 records of all such companies and common carriers doing business 
 
 2882 in this state, and require from such companies and common 
 carriers from time to time special reports and statements, under 
 oath, concerning their business. Commission may administer 
 oaths and certify to its official acts. Const., art. xi, sec. ii. 
 
 NEW YORK Every common carrier, railroad and street 
 
 railroad corporation shall file an annual report with commission 
 
 • verified by the oath of the president, treasurer, general manager 
 
 or receiver, if any, of such corporation, or by the person required 
 
 2883 to file the same. The verification shall be made by said official 
 holding office at the time of the filing of the said report, and if 
 not made upon the knowledge of the person verifying the same 
 shall set forth the sources of his information and the grounds of 
 his belief as to any matters not stated to be verified upon his 
 knowledge. Laws igio, ch. 480, sec. 46. 
 
 Commission shall prescribe the form of such reports and the 
 character of the information to be contained therein, and may 
 from time to time make such changes and such additions in 
 regard to form and contents thereof as it may deem proper, and 
 on or before June 30 in each year shall furnish a blank form for 
 such annual reports to every such corporation and person. The 
 contents of such report and the form thereof shall conform in the 
 
 1884 case of railroad corporations as nearly as may be to that re- 
 quired of common carriers under the provisions of the act of 
 congress entitled "An act to regulate commerce," approved 
 February 4, 1887, and the acts amendatory thereof and supple- 
 mentary thereto. Commission may require such report to 
 
 ^ contain information in relation to rates or regulations concerning 
 
 \^ fares or freights, agreements or contracts affecting the same, so 
 
 \ far as such rates or regulations pertain to transportation within 
 
 I the state. Same. 
 
 When the report of any such corporation or person is de- 
 
 2885 fective, or believed to be erroneous, commission shall notify the 
 corporation or person to amend the same within a time prescribed 
 by commission. Same. 
 
 3880 The originals of the reports, subscribed and sworn to as pre- 
 
 I 
 
 739 
 
scribed by law, shall be preserved in the ofRce of commission. 
 Same. 
 
 The annual report required to be filed by a common carrier, 
 
 2887 railroad or street railroad corporation shall be so filed on or 
 before September 30 in each year. Same. 
 
 Commission may also require such corporations and persons 
 to file periodic reports in the form, covering the period and at the 
 
 2888 time prescribed by commission. Commission may require of 
 any such corporation or person specific answers to questions 
 upon which commission may need information. Same. 
 
 Commission may extend the time for making and filing such 
 report for a period not exceeding 60 days. If such corporation 
 or person shall fail to make and file the annual report within the 
 time above specified or within the time as extended by com- 
 mission, or shall fail to amend such report within such reason- 
 '}- ; able time as may be prescribed by commission, or shall fail to 
 make specific answer to any question, or shall fail to make the 
 periodic reports when required by commission as herein pro- 
 
 2889 vided, within the time and in the form prescribed by commis- 
 sion for the making and filing of any such report or answer, such 
 corporation or person shall forfeit to the state the sum of $100 
 for each and every day it shall continue to be in default with 
 respect to such annual report, amendment, answer or periodic 
 report. Such forfeitiu-e shall be recovered in an action brought 
 
 !>ti., ,by commission in the name of the people of the state. The 
 ; ; amount recovered in any such action shall be paid into the state 
 ^ T treasury and credited to the general fund. Same. 
 
 Any railroad corporation or common carrier other than a 
 street raih-oad corporation operating partly within the second 
 - ' district and partly within the first district shall report to com- 
 ^' ■ mission of the second district; but commission of the first dis- 
 trict may, upon reasonable notice, require a special report from , 
 2890' such railroad corporation or common carrier. Any street rail- 
 road corporation operating partly within the first district and 
 partly within the second district shall report to commission of | 
 r;l.':' the first district ; but commission of the second district may, 
 upon reasonable notice, require a special report from suchi 
 -^- street railroad corporation. Same. 
 
 Commission shall require every person and corporation^ 
 and every such person and corporation shall file with coi 
 sion an annual report, verified by the oath of the president 
 
 ■'* - ~ > Gas and diectric utilities. 
 
treasurer, general manager or receiver, if any, "thereof. 'The 
 
 2891 verification shall be made by said official holding office at the 
 time of the filing of said report, and if not made upon the knowl- 
 edge of the person verifying the same shall set forth the sources 
 of his information and the groimds of his belief as to any matters 
 not stated to be verified upon his knowledge. Same, sec. 66(6). 
 
 Such reports shall be in the form, cover_^the period and be 
 filed at the time prescribed by commission. Commission may, 
 from time to time, make changes and additions in such forms. 
 
 2892 When any such report is defective or believed to be erroneous, 
 commission shall notify the person, corporation or mimicipality 
 making such report to amend the same within a time prescribed 
 by commission. Same. 
 
 Any such person or corporation or municipality which shall 
 neglect to make any such report or which shall fail to correct any 
 such report within the time prescribed by commission shall be 
 liable to a penalty of $ioo and an additional penalty of $ioo for 
 
 2893 each day after the prescribed time for which it shall neglect to 
 file or correct the same, to be sued for in the name of the people 
 of the state. The amount recovered in any such action shall be 
 paid into the state treasury and be credited to the general fund. 
 Commission may extend the time prescribed for cause shown. 
 Same. 
 
 Commission may require of all such corporations, persons 
 or mtmicipalities,^ specific answers to all questions upon which 
 commission may need information, and may also require such 
 corporation, persons or municipalities to file periodic reports in 
 the form, covering the period and filed at the time prescribed by 
 commission. If such corporation, person or municipality shall 
 fail to make specific answer to any question or shall fail to make a 
 periodic report when required by commission as herein pro- 
 S894 vided within the time and in the form prescribed by commission 
 for the making and filing of any such report or answer, such cor- 
 poration, person or officer of the mimicipality shall forfeit to the 
 state the sirni of $ioo for each and every day it shall continue to 
 be in default with respect to such report or answer. Such for- 
 feittire shall be recovered in an action brought by commission in 
 the name of the people of the state. The amount recovered in 
 any such action shall be paid into the state treasury and be 
 credited to the general fund. Same, sec. 66{io). 
 
 Every telegraph and every telephone corporation shall file 
 
 1 Gas and electric utilities. . 
 
 741 
 
with commission an amiual report at a time and covering the 
 yearly period fixed by commission. Such annual report shall be 
 verified by the oath of the president, treasurer, general manager 
 or receiver of any of such corporations, or by the person required 
 2896 to file the same. Verification shall be made by the official hold- 
 ing office at the time of the filing of said report, and if not made 
 upon the knowledge of the person verifying the same shall set 
 forth in general terms the sources of his information and the 
 grounds for his belief as to any matters not stated to be verified 
 on his knowledge. Same, sec. 95{i). 
 
 Commission shall prescribe the form of such reports and the 
 character of the information to be contained therein and may, 
 from time to time make such changes and additions in regard to 
 form and contents thereof as it may deem proper, and shall 
 
 2896 furnish a blank form for such annual reports to every telegraph 
 and every telephone corporation required to make the same. 
 When the report of any telegraph or telephone corporation is 
 defective or erroneous commission shall notify the corporation 
 to amend the same within a time prescribed by commission. 
 Same. 
 
 The said reports shall be preserved in the office of commis- 
 
 2897 sion. Same. 
 
 Commission may require of any telegraph or telephone cor- 
 
 2898 poration specific answers to questions upon which commission 
 may desire information. Same. 
 
 If any telegraph or telephone corporation shall fail to make 
 and file its annual report as and when required or within such 
 extended time as commission may allow or shall fail to make 
 specific answers to any question within the period specified by 
 commission for the making and filing of such answers, such 
 corporation shall forfeit to the state the sum of $ioo for each and 
 
 2899 every day it shall continue to be in default with respect to such 
 report or answer. Such forfeiture shall be recovered in an action 
 brought by commission in the name of the people of the state. 
 The amount recovered in any such action shall be paid into the 
 state treasury and shall be credited to the general fund. Com- 
 mission may, when it deems it advisable, exempt any telegraph 
 or telephone corporation from the necessity of filing annual re- 
 ports until the further order of commission. Same. 
 
 See also pars, 455, 461, 465, 272;^, 
 
 NORTH CAROLINA Every officer, agent or employe of any railroad, 
 express or telegraph company who shall wilfully neglect or refuse 
 
 742 
 
to make and furnish any report required by commission, for the 
 purposes of this chapter, or who shall wilfully or unlawfully 
 
 2900 hinder, delay or obstruct commission in the discharge of the 
 duties hereby imposed upon it, shall forfeit and pay $500 for 
 each offense, to be recovered in an action in the name of the state. 
 A delay of ten days to make and furnish such report shall raise 
 the presumption that the same was wilftil. PelVs Revisal igo8, 
 sec. io8g. 
 
 The fiscal year for which all reports shall be made which 
 
 2901 may be required of any railroad or transportation company by 
 commission under this chapter shall end on Jime 30. Same, 
 sec. 1116. 
 
 NORTH DAKOTA To enable commission to make its report, the 
 president or managing officer of each railroad, railroad corpora- 
 tion or common carrier shall annually make to commission on 
 ■^ July 15, such returns in the form which it may prescribe as will 
 
 afford the information required for its official report ; such returns 
 
 2902 shall be verified by oath of the officer making them, and any 
 railroad, railroad corporation or common carrier whose return 
 shall not be made as herein prescribed by July 1 5 shall be liable 
 to a fine of $500 for each and every day after July 16 that such 
 returns shall be wilfully delayed or refused. Rev. Codes 1905, 
 sec. 4363. 
 
 Commission may require of any and all railroads, railroad 
 corporations and common carriers, such special reports, besides 
 the annual report hereinbefore required, as in the judgment of 
 commission shall be deemed necessary and reasonable. Such 
 special reports shall be in such form and concerning such sub- 
 jects and be from such sources as commission shall require, 
 
 2903 except as otherwise provided herein. The time when such 
 special report shall be filed shall be fixed by commission. Any 
 railroad, railroad corporation or common carrier which shall fail, 
 neglect or refuse to make any of the special reports provided for 
 herein by the date fixed by commission shall be subject to, and 
 pay a penalty in the sum of $100 for each and every day of 
 delay in making such reports after the date fixed. Same, sec. 
 
 4365- 
 
 Commission shall require annual reports from all common 
 carriers, prescribe the manner in which such reports shall be 
 made, and require from such carriers specific answers to all 
 questions upon which commission may need information. Such 
 annual reports shall, in addition to the information required by 
 
 743 
 
2904 section 4363 contain such information in relation to rates or reg- 
 ulations concerning fares or freights and agreements, arrange- 
 ments or contracts with express, telegraph or sleeping and dining 
 car companies, fast freight lines and other common carriers, as 
 commission may require, with copies of such contracts, agree- 
 ments or arrangements. Same, sec. 4377. 
 
 See also par. 2^g6. 
 
 OHIO Within 30 days after the election of the 
 
 directors of a railroad, or telegraph company, now doing busi- 
 ness, or whose line is in process of construction, or which here- 
 after may be organized in the state, the secretary of such com- 
 panies shall make and forward to commission a list of the officers 
 
 2905 and directors thereof, giving the place of residence and post 
 office address of each. If a change occurs in the organization of 
 the officers or board of directors of a railroad or company, the 
 secretary shall notify commission of such change and the resi- 
 dence and post office address of each of the officers and directors. 
 Code igio, sec. 602. 
 
 On or before September 15, in each 3^ear, each railroad or 
 telegraph company shall make and transmit to the commission a 
 full and true statement under oath of the proper officers of such 
 corporation, of the affairs of such corporation relative to the 
 state of Ohio for the year ending on June 30, preceding. Such 
 
 2906 statement shall be similar in character and detail to the annual 
 report required to be made by railroad companies to the inter- 
 state commerce commission. Commission may submit addi- 
 tional interrogatories to a railroad or telegraph company at any 
 time. If such report is defective or erroneous, commission may 
 require the railroad or telegraph company to correct or amend it 
 within 15 days. Same, sec. 605. 
 
 A railroad company or telegraph company violating a pro- 
 vision of the preceding three sections shall forfeit and pay to the 
 
 2907 state $1,000, and $25 for each day such company refuses, neg- 
 lects or fails to comply with a requirement of such sections, which 
 forfeiture shall not release such company from the assessment 
 provided in the next preceding section. Same, sec. 6oy. 
 
 Every public utility shall file with commission, at such 
 times and in such form as it niay prescribe, an annual report, 
 duly verified, covering the yearly period fixed by commission. 
 Commission shall prescribe the character of the information to 
 be embodied in such annual report, and shall furnish to each pub- 
 
 2908 lie utility a blank form therefor. If any such report is defective 
 
 744 
 
or erroneous, commission may order the same to be amended 
 within a prescribed time. Such annual reports shall be preserved 
 in the office of commission. Commission may at any time re- 
 quire specific answers to questions upon which it may desire in- 
 formation. Laws ipii, no. 325, sec. 50. 
 
 OKLAHOMA The president or superintendent of every rail- 
 
 road company and other public service corporation shall report 
 annually under oath, and make such reports as may be required 
 
 2909 by law or order of commission, to commission of their acts and 
 doings, which report shall include such matters relating to rail- 
 roads and other public service corporations as may be prescribed 
 by law. Const., art. ix, sec. 6. 
 
 Commission may require from transportation and trans- 
 
 2910 mission companies from time to time special reports and state- 
 ments tmder oath concerning their business. Same, sec. 18. 
 
 OREGON Every railroad shall annually, on or before 
 
 September 15, unless additional time be granted, file with com- 
 mission a report verified by such railroad, or by its president, 
 
 2911 vice-president, treasurer, comptroller, . auditor, or receiver, 
 managing partner, or agent, or owner, in such form as com- 
 mission may prescribe covering the year ending June 30 next 
 preceding. Gen. Laws iQoy, ch. 53, sec. 40. 
 
 Any railroad failing to make such report shall forfeit to the 
 
 2912 state, for each day's default, $100, to be recovered in a civil 
 action in the name of the state. Same. 
 
 The accounts shall be closed annually on June 30 and a 
 balance sheet of that date promptly taken therefrom. On or 
 
 2913 before the first day of August following, such balance sheet, 
 together with such other information as commission shall pre- 
 scribe, verified by an officer of the public utility, shall be filed 
 with commission. Gen. Laws igii, ch. 2yp, sec. 15. 
 
 PENNSYLVANIA Commission may require every common carrier 
 to file with it a copy of its annual reports, as filed with the inter- 
 state commerce commission; and as to all common carriers 
 
 2914 subject to this act, and not subject to the interstate commerce 
 commission, may require that such common carriers file annual 
 reports in the form prescribed by commission. Laws 1907, no. 
 250, sec. 12. 
 
 SOUTH CAROLINA The several railroad companies shall be re- 
 qixired to file in the office of commission, on or before August 3i> 
 
 745 
 
in each and every year, a full and detailed schedule and report of 
 the condition and operations of such road for the current year, 
 ending on June 30, then immediately preceding. Such schedule 
 and report shall be made in accordance with the following rules 
 and form: I. All liabilities (including interest accrued on funded 
 debt) shall be entered upon the books in the month when they 
 are incurred, without reference to date of payment. II. Ex- 
 penses shall be charged each month with such supplies, materials, 
 etc., as have been used during that month, without reference to 
 the time when they were purchased or paid for. III. No ex- 
 penditure shall be charged to property accounts, except it be for 
 actual increase in construction, equipments, or other property, 
 unless it is made on old work in such a way as to clearly increase 
 
 2915 the value of the property over and above the cost of renewing 
 the original structures, etc. In such cases, only the amoimt of 
 increased cost shall be charged, and the amount allowed on 
 account of the old work shall be stated. IV. Mileage of pas- 
 senger and freight trains shall include only the miles shown to be 
 run by distances between stations; allowances made to passenger 
 or freight trains for switching, and all mileage of switch engines, 
 computed on a basis of eight miles per hour for the time of actual 
 service, shall be stated separately. V. Season ticket passengers 
 shall be computed on the basis of 12 passengers per week for the 
 time of each ticket. VI. Local traffic shall include all passengers 
 carried on local tickets, and all freight carried at local tariff or 
 special local rates. All other traffic shall be considered through. 
 These niles to be subject to such changes thereof as have hereto- 
 fore been or shall hereafter be made by commission under the 
 authority conferred on them by section 2076 of this chapter. 
 Gen. Stats. igo2, sec. 20JQ. 
 
 Commission shall require the annual reports to be made by 
 railroad companies in manner and form and at the time pro- 
 vided for herein, and shall be authorized to require reports to be 
 made of such other matters as it may deem expedient ; and it may 
 
 2916 from time to time, make such changes as it may deem proper in 
 the form of report herein prescribed, giving the corporations one 
 year's notice of any such changes or additions as require any 
 alterations in the method or form of keeping their accounts. 
 Same, sec. 2075. 
 
 When the report received from any corporation is defective, 
 or probably erroneous, commission shall notify the corporation 
 to amend the same within 15 days. Commission shall prepare 
 
 746 
 
such tables and abstracts of all the returns it shall deem expedient, 
 8917 and its annual report shall be transmitted to the governor of the 
 state on or before the second Monday in November in each year, 
 to be laid before the legislatiure. The originals of the report or 
 reports, as amended, subscribed, and sworn to by the officers of 
 the corporation, shall be preserved in the office of commission. 
 Same. 
 
 Every officer, agent or employe of any railroad company 
 who shall wilfully neglect, or refuse to make, any report required 
 by commission as necessary to the purposes of this chapter, or 
 
 2918 who shall wilfully and imlawfuUy hinder, delay or obstruct 
 commission in the discharge of the duties imposed upon it, shall 
 forfeit and pay a simi of not less than $ioo nor more than $i,ooo 
 for each offense, to be recovered in any action in the name of 
 the state as provided in section 21 17. Same, sec. 2078. 
 
 Commission may make and propound to any of the railroad 
 companies of this state any interrogatories additional to those 
 
 2919 contained in the schedule and report hereinbefore provided, 
 which shall be answered by such companies in the same manner. 
 Same, sec. zoyg. 
 
 All railroad companies owning or operating a line of railroad 
 situated in whole or in part within the limits of this state, shall 
 
 2920 deposit with commission a list containing the names and resi- 
 dences of the president and board of directors of the railroad 
 company owning or operating the said line of railroad. Same, 
 sec. 2120. 
 
 SOUTH DAKOTA Every owner or manager of such licensed 
 warehouse or elevator, at such times as commission shall re- 
 quire, shall furnish to commission in writing, under oath, a 
 statement of the condition and management of his business as 
 such warehouseman. Such report shall show the total number of 
 bushels of each kind and grade of grain piu'chased and in store, 
 
 2921 and the number delivered out, and the number remaining in 
 store at the date of the report. But no warehouseman shall be 
 required to weigh the grain on hand more than once in each year; 
 and the warehouseman shall, in addition to the statement herein, 
 be required to furnish to commission any other information re- 
 garding the business of his warehouse which commission may 
 require. R&o. Pol. Code igoj, sec. 48^. 
 
 Each railroad company owning or operating a line or rail- 
 road in this state shall, on or before July i, in each year, make 
 and file in the office of commission a detailed, itemized statement 
 
 747 
 
or report showing the number and location of all elevators, 
 
 warehouses and coal sheds on its line of railroad in this state, the 
 
 amoirnt of ground space occupied by each with its value placed 
 
 S922 thereon, the names of the persons or corporations owning said 
 
 elevators, the names of the persons or corporations operating 
 
 said elevators, the amoimt of rental paid for each elevator site to 
 
 said railroad company, and if any of the owners of said elevators 
 
 }• shall own the sites occupied, such reports shall show the name of 
 
 ' such owner and the location of such elevator. Sess. Laws 
 
 igog, ch. 28, sec. i. 
 
 Commission may require of any and all railroad companies, 
 subject to the provisions of this act, such other reports besides 
 the annual reports hereby required, as in the judgment of com- 
 mission shall be deemed necessary for its information, and shall 
 fix the date for filing such report. Any corporation or person 
 
 2923 owning or operating a line of railroad in this state which shall 
 fail, neglect, or refuse to make any of the reports provided for 
 herein by the date fixed, or that fixed by commission, or who shall 
 make a false report, shall be subject to and pay a penalty in the 
 simi of $100 for each and every day of delay in making such re- 
 ports, after the date fixed. Same, sec. 2. 
 
 Every telephone company, whenever required by com- 
 mission, shall by its president, secretary, or manager file with 
 commission, a statement, imder oath, in such form as commis- 
 sion may prescribe, showing the following facts: (i) The total 
 number of miles of line owned, operated or leased by it within 
 ! , the state; the number of miles of each separate line or division 
 thereof, together with the number of separate wires thereon, and 
 stating the counties through which the same extend or in which 
 such company does business. (2) The number of miles in each 
 cotmty, the number of stations and number of telegraph or tele- 
 
 2924 phone instruments used in each county. (3) The average num- 
 ber of poles per mile used in constructing such lines. (4) The 
 actual value of said wires, poles, instruments and all other proper- 
 ty owned by it in this state, with the value of its franchises 
 stated separately. (5) The number of offices maintained by the 
 company in this state, and the total gross and net receipts of 
 each office for the year ending April 30, preceding the making of 
 said statement. (6) The number of miles of line built by said 
 company in this state during each year, with the niunber of 
 poles and miles of wire used therein and the actual cost of such 
 
 "' line as built. Scss. Laws igog, ch. 28g, sec. 3. 
 
 •748 
 
Commission may call upon any telephone company or lessee, 
 or operator of any telephone line or exchange, for such reports as 
 it may deem necessary or proper for its information, and enforce 
 8925 all its orders and regulations in the same manner provided for the 
 enforcement of its orders and regulations with reference to other 
 common carriers. Same, sec. ii, as amended by Sess. Laws 
 iQiiy ch. 218, sec. 7. 
 
 Commission may require annual reports from all common 
 carriers, fix the time and prescribe the manner in which such 
 
 2926 reports shall be made, and require from such carriers specific 
 answers to all questions upon which commission may need in- 
 formation. Sess. Laws igii, ch. 2oy\ sec. 24. 
 
 All such reports shall be made to commission on or before 
 
 2927 September 15, of each year. Same.^ 
 
 TENNESSEE Each and every railroad company, corpora- 
 
 tion or individual, owning, operating or managing a railroad 
 shall furnish to commission at its office in Nashville, the monthly, 
 quarterly, and annual statements of the operations of their re- 
 spective roads, if such reports are issued; if not, then they shall 
 send such reports as may be issued at any special or regular time. 
 The president or chief officer of each and every railroad company, 
 
 2928 corporation or individual, owning, operating or managing any 
 railroad in this state, shall on or before the first day of February 
 of each year, make and transmit to commission at its office in 
 Nashville, imder oath of the president or chief officer of the com- 
 pany, a full and true statement of the affairs of said company as 
 the same existed on the first day of the preceding January, in 
 accordance with the direction and schedules prepared and fur- 
 nished by commission. Acts 1897, ^^- ^^y ^^^- ^^• 
 
 Any officer, agent or employe, failing or refusing to make, 
 . under oath, any report required by commission, within the time 
 ' required, or failing or refusing to answer fully under oath, if 
 
 2929 required, any inquiry propounded by commission, or who shall, 
 in any way, hinder or obstruct commission, in the discharge of 
 its duties shall be guilty of a misdemeanor and shall be fined for 
 each offense not less than $500 nor more than $1,000. Same, 
 sec. 13. 
 
 1 Commission is also hereby authorized to require of any and all common carriers, 
 such other reports, besides the annual reports, hereby required, as in the judgment of 
 commission shall be deemed just and reasonable. Such reports shall be in such form and 
 ; concerning such subjects and be from such sources as commission shall require, except as 
 
 otherwise provided herein. The time when such reports shall, be. filed shall be fixed by 
 commission. Any common carrier and any corporation, company, or individual owning 
 or operating a common carrier within this state which shall fail, neglect or refuse to make 
 any of the reports provided for herein by the date fixed herein, or that fixed by commis- 
 sion, shall be subject to and pay a penalty in the sum of |ioo for each and every day of 
 delay in making such reports, after the date fixed. Sess. Laws igii, ch. 20T, sec. 26. 
 
 749 
 
TEXAS Any incorporated express company with its 
 
 principal office in another state, and doing business as such express 
 company in this state, is hereby required to provide and keep in 
 its general office in this state a copy of its charter, and to make 
 full annual statements of the value of all its property, including 
 alike statement of all its indebtedness,'andof all its annual receipts 
 and expenditures as such express company to commission, at 
 such time or times as may be prescribed by it ; which statement 
 shall be certified to be correct, and shall be sworn to by the presi- 
 dent and secretary, or general manager in Texas, of such company ; 
 
 8930 and such company shall permit any member or members of com- 
 mission, or its authorized agent, to freely examine any and all 
 books, papers and contracts in said office; and should any such 
 company, or any person in charge of said office, refuse to per- 
 mit such examination, this shall be sufficient ground for the 
 withdrawal, by this state, of its privilege of doing business 
 as such express company in this state; and it shall be the duty 
 of the attorney general of the state to institute and conduct 
 suits for that purpose in a court having jurisdiction in Travis 
 County, in the state of Texas. Sayles^ Civ. Stats. iSgy, art. 
 
 2431 ' 
 
 See also par. 4^0. 
 
 VERMONT A corporation, which hereafter shall organize 
 
 under the general law or by special statute and which is subject 
 to supervision under No. 116 of the acts of 1908, immediately 
 upon the granting of its charter, shall file with commission a copy 
 of its articles of association and a copy of its certificate of paid 
 up capital stock; and also immediately after its organization 
 thereunder shall forward to commission a copy of the record of its 
 
 2931 organization containing the names and addresses of the directors 
 and other officials of said company. And one, not a corporation, 
 engaging in business which is subject to supervision under said 
 act, numbered 1 16 of the acts of 1908, at the time of commencing 
 such business shall file with commission a written statement 
 giving the location, nature and extent of such business, together 
 with the post office address of the owner, or owners, business 
 manager and other officials. Laws igio, no. 145, sec. i. 
 See also pars. 2^22, 3022, 3024, 
 
 VIRGINIA Commission may require from transportation 
 
 S9S8 and transmission companies from time to time, special reports and 
 
 statements, under oath, concerning their business. Const., sec. 
 
 iS6(J>). 
 
 75° 
 
Every domestic corporation and every foreign corporation ^ 
 doing business within this state shall file in the office of commis- 
 sion, after the first election of officers and directors, and annually 
 thereafter, within 30 days after the time appointed for holding 
 the annual election of directors, a report authenticated by the 
 signature of the president or one of the vice-presidents or of sec- 
 . retary of the corporation stating: (a) The name of the corpora- 
 
 2933 tion. (b) The location (county or city, street and number, if 
 any there be) of its principal office in the state and the name of 
 the agent upon whom process against the corporation may be 
 served, (c) The character of its business, (d) The amount 
 of its authorized capital stock, if any, and the amount actually 
 issued and outstanding, (e) The names and addresses of the 
 officers and directors of the corporation, and when their respec- 
 tive terms of office expire, (f) The date, if any, appointed for 
 the next annual meeting of the stockholders. Pollard's Code 
 1904, sec. iioje(jg), as amended by Laws igo6, ch. 17. 
 
 If such report is not made and so filed, the corporation shall 
 
 2934 be subject to a fine of not less than S25 nor more than $100, to be 
 imposed and judgment entered therefor by commission and en- 
 forced by its process. Same. 
 
 Every railroad, canal, turnpike or other internal improve- 
 ment company, to the stock of which there has been a subscrip- 
 tion on behalf of the state, shall, on or before the first day of Sep- 
 tember in each year, make a report to commission, setting forth 
 the condition of the work; the expenditures for such year, and 
 
 2935 receipts for the same time; and how much from each source of 
 revenue. The report shall be accompanied by a list of the stock- 
 holders in the company at the time of making the same, and shall 
 give such other information respecting the affairs under the man- 
 agement of those making it as commission may previous to the 
 first day of September have requested. Same, sec. I2g4b{g). 
 
 All persons having the management or superintendence of 
 any work on any turnpike or other internal improvement, made on 
 the state account, or of work undertaken partly on the state 
 
 2936 account and partly by others in the state (except such roads or 
 turnpikes as have been transferred to the courts of the respec- 
 tive counties through which they pass) shall annually, before 
 September i make a report similar to that required by the pre- 
 
 1 The provisions of this chapter, except in those cases where, by the express terms of 
 the provisions hereof, it is confined to corporations created under this act, shall be construed 
 to apply to all corporations of this state organized or to be organized for any lawful purpose 
 for which a corporation may be created under this act, but shall not be construed to enlarge 
 the powers of corporations chartered under chapter four of this act. Pollard's Code IQ04 
 sec. ii05e{i). 
 
 7SI 
 
ceding section, so far as the same is applicable. Same, sec. 
 i2g4b{io). 
 
 Every officer, agent, or employe of any transportation com- 
 pany who shall wilfully neglect or refuse to make and furnish any 
 report lawfully required by commission for the purposes of this 
 
 2937 act or who shall wilfully or unlawfully hinder, delay or obstruct 
 commission in the discharge of the duties imposed upon it by 
 the constitution, or by law, connected with the objects and 
 purposes of this act, shall be fined $500 for each offense. Same, 
 sec. I2g4 c{22). 
 
 WASHINGTON Every public service company shall annually 
 
 furnish to commission a report in such form as commission may 
 
 2938 require, and shall specifically answer all questions propounded 
 to it by commission, upon or concerning which commission may 
 need information. Laws igii, ch. iij, sec. y8. 
 
 Such detailed report shall contain all the required statistics 
 for the period of 12 months ending on the last day of any particu- 
 lar month prescribed by commission for any public service com- 
 
 2939 pany. Such reports shall be made out under oath and filed with 
 commission at its office in Olympia within three months after the 
 close of the designated year for which such report is made, 
 unless additional time be granted in any case by commission. 
 Same. 
 
 Commission may require any public service company to file 
 monthly reports of earnings and expenses, and to file periodical or 
 special, or both periodical and special, reports concerning any 
 
 2940 matter about which commission is authorized or required by this 
 or any other law, to inquire into or keep itself informed about, or 
 which it is required to enforce, such periodical or special reports 
 to be under oath whenever commission so requires. Same. 
 
 See also par. 2734. 
 
 WISCONSIN The account shall be closed annually on June 
 
 30 and a balance sheet of that date promptly taken therefrom. 
 
 2941 On or before the first day of August following, such balance sheet 
 together with such other information as commission shall 
 prescribe, verified by an officer of the public utility, shall be filed 
 with commission. Laws igoy, ch. 4gg, sec. lygym-i^. 
 
 Every corporation, foreign or domestic, authorized to trans- 
 f ;^ act business in Wisconsin, shall, on request of commission, fur- 
 nish a complete list of its stockholders and a statement of the 
 amount of stock held in the corporation by each such stockholder, 
 
 752 
 
2942 duly verified by the president or secretary of such corporation. 
 Any corporation refusing or neglecting to furnish such list of 
 stockholders for a period of 20 days after request therefor is made 
 in writing shall be liable to the penalties provided for in section 
 27 of chapter 362 laws of 1905. Laws igo^j, ch. 582, sec. I7gy-i8{e). 
 
 B. AUTHORITY OF COMMISSION TO FURNISH 
 BLANK FORMS FOR REPORTS AND DUTY 
 OF UTILITIES WITH RESPECT THERETO. 
 
 ARIZONA, CALIFORNIA. Every public service corporation^ recei\'ing 
 from commission any blanks with directions to fill the same shall 
 cause the same to be properly filled out so as to answer fully and 
 
 2943 correctly each question propounded therein: in case it is unable 
 to answer any question, it shall give a good and sufficient reason 
 for such failure. Ariz. — Sess. Laws igi2, ch. go, sec. 28(b). Cat. — 
 
 ■ Stats, igii, ist ex. sess., ch. 14, sec. 28(b). 
 
 ARK/VNSAS See par. 2jgo. 
 
 CONNECTICUT Commission shall annually, on or before June 
 
 30 furnish to every public service company duplicate blanks for 
 reports, in such form as commission may prescribe; provided, 
 that such blanks for reports to be furnished by companies en- 
 gaged in interstate commerce shall be in the form, if any, re- 
 quired by the interstate commerce commission. All reports shall 
 be for the year ending on June 3 o . Every such company receiving 
 
 2944 such blank forms shall return one of them to commission on or 
 before September 15 next following, with all questions therein 
 fully answered. Such report shall be signed an4 sworn to by the 
 president or vice-president and treasurer of the company, or by 
 a majority of the trustees or receivers, making the same. Every 
 company which shall refuse or neglect to make such report shall 
 
 . forfeit to the state $25 for each day of such neglect or refusal, 
 . and commission shall report such forfeiture to. the state treasurer, 
 who shall collect the same. Fub. Acts igii, ch. 128, sec. 25. 
 See also pars. 2ygj, 2yg^. 
 
 •INDIANA Commission may elicit all information deemed 
 
 by it necessary to the hearing and consideration of any complaint 
 made to commission and may elicit from any railroad company 
 or companies, or any other person or corporation to be affected by 
 
 !* • * "Public utility," in California. !■''-, 
 
 753 
 
any such investigation, any and all information necessary to the 
 consideration and determination of any and all questions over 
 which commission shall have jurisdiction and for said purpose 
 commission may submit blanks provided for the purpose of 
 eliciting such information or may submit written interrogatories 
 to such railroad company or companies or person or corporation, 
 
 2946 and said blanks shall be properly filled out and said interroga- 
 tories so answered as to answer fully and correctly each question 
 therein propounded, and in case they are unable to answer any 
 question they shall give a satisfactory reason for their failure, 
 and their said answers, duly sworn to by the proper officers of 
 said company or corporation or by said person, shall be returned 
 to commission at its office in the city of Indianapolis within the 
 time fixed therefor by commission in its order, or commission 
 may use such other means or methods of securing such informa- 
 tion as may be deemed expedient by it. Acts igo^, ch. 241, sec. 10, 
 as amended by Acts ipii, ch. 225, sec. 2. 
 
 If any such carrier, its officer or employe, or any other per- 
 son or corporation their agents or employes, as aforesaid, shall 
 fail or refuse to fill out and return any blank or to answer any 
 interrogatories as above required, or fail or refuse to answer any 
 questions therein propounded, or give a false answer to any such 
 question, or shall evade the answer to any such question, such 
 carrier, officer, employe or person shall be guilty of a misdemeanor, 
 
 2946 and shall on conviction thereof, be fined for each day he or it 
 shall fail to perform such duty, after the expiration of the time 
 aforesaid, a penalty of $500 and commission shall cause a prose- 
 cution therefor in the proper court ; and a penalty of a like amount 
 shall be recovered in a civil action from the railroad company or 
 other corporation or employe when it appears that such officer 
 or employe acted in obedience to the directions of such carrier 
 in his failure to comply with the order of commission. Same, sec. 
 io{a), as amended by Acts iQiiy ch. 225, sec. 2. 
 
 KLANSAS Commission shall cause to be prepared suita- 
 
 ble blanks, with questions calculated to elicit full information 
 concerning the value and operation of railroads in the state and 
 as often as it may be necessary furnish said blanks to each rail- 
 road company operating lines of railroads in this state. Any 
 such railroad company receiving from commission any such 
 
 S947 blanks shall cause such blanks to be properly filled out, so as to 
 answer fully and correctly each question therein propounded; 
 and in case they are imable to answer any question they shall 
 
 754 
 
I 
 
 give a satisfactory reason for their failure, and said answer, 
 duly sworn to by the proper officer of the company, shall be 
 returned to commission at its office in the city of Topeka, within 
 30 days from the receipt thereof. Gen. Stats. iQog, sec. 7218. 
 
 If any officer or employe of any such railroad company shall 
 fail or refuse to fill out and return any blanks as above required, 
 or fail or refuse to answer any questions therein propounded, or 
 give'a false answer to any such questions where the facts inquired 
 of are within his knowledge, or shall evade the answer to any such 
 questions, such person shall be guilty of a misdemeanor, and upon 
 conviction thereof shall be fined not less than $100 nor more than 
 $500 for each offense, and each day he shall fail to perform such 
 S948 duty after the expiration of the time aforesaid shall constitute a 
 separate offense, and the attorney for commission shall cause a 
 prosecution therefor in the proper court. If any such company 
 shall direct, permit or request any such officer or employe to 
 fail, evade or refuse to answer such questions, such company 
 shall forfeit and pay to the state the sum of $500 per day for each 
 day that such officer or employe fails to answer such questions, to 
 be recovered in an action to be brought in the name of the. state 
 by the attorney general in any court of competent jiirisdiction, 
 to be paid into the school fund of the state. Same. 
 
 KENTUCKY Commission shall furnish to each company in 
 
 2949 proper time blanks upon which to answer the questions pre- 
 scribed by statute and such other questions as may be pro- 
 poimded. Wheeler's Stats, igog, sec. 34og. 
 
 MAINE Blank forms for annual returns shall be sea- 
 
 2960 sonably prepared and furnished to each railroad corporation by 
 commission. Rev. Stats, igoj, ch. 51, sec. 4g. 
 
 MARYLAND See par. 2818. 
 
 MASSACHUSETTS Commission shall annually, on or before June 
 
 2961 15, furnish to railroad corporations, and annually on or before 
 September 1 5 f tirnish to street railway companies, blank forms of 
 returns. Acts igo6, ch. 463, pt. ty sec. 20. 
 
 Commission shall annually, on or before September 15, fur- 
 2952 nish blank forms for annual returns of street railway companies. 
 Acts igo6, ch. 46 j, pt. Hi, sec. 152. 
 See also par. 284g. 
 
 MICHIGAN Commission ^all cause to be made suitable 
 
 I96S blanks at the expense of the state, and forward the same to such 
 
 755 
 
railroad corporations,^ upon which to make the reports required 
 by this act. Comp. Laws iSgy, sec. 6 3'/ 2. 
 
 It shall be unlawful for any officer, agent or employe of any 
 common carrier to wilfully fail or refuse to fill out and return any 
 blank or make any report as required by this act, or to wilfully 
 fail or refuse to answer any questions therein propounded, or to 
 knowingly or wilfully give a false answer to any such question 
 
 2954 or to evade the answer to any such question where the fact in- 
 quired of is within his knowledge, or to, upon proper demand, 
 wilfully fail or refuse to exhibit to any commissioner or any com- 
 missioners, or any person authorized to examine the same, any 
 book, paper, or account of such common carrier which is in his 
 possession or under his control. Puh. Acts igog, no. joo^ 
 sec. 20. 
 
 Commission shall cause to be prepared for the purposes 
 designated in this act blanks which shall conform as nearly as 
 practicable to the forms prescribed by the interstate commerce 
 commission, and shall when necessary furnish such blanks to 
 each common carrier. Any common carrier receiving from com- 
 mission any such blanks shall cause the same to be properly 
 filled out so as to answer fully and correctly each question therein 
 
 2955 propounded, and in case it is tinable to answer any question it 
 shall give a full and sufficient reason for such failure; and said 
 answer shall be verified under oath by the proper officer of said 
 common carrier and returned to commission at its office within 
 the time fixed by commission. The making of a false affidavit 
 or the filing of the same shall be deemed perjury and punishable 
 as such under the statutes of Michigan defining perjury. Same, 
 sec. 28(b). 
 
 Commission shall cause to be made suitable blanks at the 
 2966 expense of the state, and forward the same to such common car- 
 rier, upon which to make reports required by this act. Same, 
 sec. 30. 
 ''''''-'■ See also pars. 2853, 28^4. 
 
 •IVIISSISSIPPJ See par. 2860. 
 
 MISSOURI See pars. 2864, 2866, 2867.. 
 
 NEBRASKA See pars. 647, 651. 
 
 NEVADA Commission shall cause to be prepared suitable 
 
 blanks for the purposes designated in this act, which shall con- 
 
 g'u':: i'fonn as nearly as practicable to the forms prescribed by the in- 
 
 •jfjJjT:OJ .^:S^ tiote i, par.. 28SO.. ' . ' 
 
terstate commerce commission, and shall, when necessary, fur- 
 nish such blanks to each railroad. Any railroad receiving from 
 commission any such blanks shall cause the same to be properly 
 filled out so as to answer fully and correctly each question therein. 
 2957 propoimded, and in case it is unable to answer any question it 
 shall give a good and sufficient reason for such failure, and said 
 answer shall be verified imder oath by the proper officer of said 
 railroad and returned to commission at its offices within the time 
 fixed by commission ; the making of a false affidavit or filing of the 
 same shall be deemed perjury and pimishable as such imder the 
 statutes of Nevada defining perjury. Stats, igoj, ch. 44, sec. 
 18 (a). 
 
 Any officer, agent or employe of any railroad who shall wil- 
 fully fail or refuse to fill out and return any blanks as required 
 by this act, or shall wilfully fail or refuse to answer any questions 
 therein propoimded, or shall knowingly or wilfully give a false 
 answer to any such questions, or shall evade the answer to any 
 such question where the fact inquired of is within his knowledge, 
 or who shall upon proper demand, wilfully fail or refuse to exhibit 
 to any commissioner or any commissioners, or any person au- 
 
 2968 thorized to examine the same,*any book, paper or account of such 
 railroad, which is in his possession or under his control, shall 
 be deemed guilty of a misdemeanor and upon conviction thereof 
 shall be punished by a fine of not less than $100 nor more than 
 $1,000 for each such offense, and a penalty of not less than $500 
 nor more than $1,000 shall be recovered from the railroad foi* 
 each such offense when such officer, agent or employe acted in 
 obedience to the direction, instruction or request of such railroad 
 or any general officer thereof. Same, sec. 27. 
 
 Commission shall cause to be prepared suitable blanks for 
 
 2969 carrying out the purpose of this act, and shall, when necessary, 
 furnish such blanks to each public utility. Stats, igii, ch. 162, 
 sec. 7 {a). 
 
 Any officer, agent or employe of any public utility who shall 
 wilfully fail or refuse to fill out and return any blanks as required 
 by this act, or shall wilfully fail or refuse to answer any questions 
 therein propounded, or shall knowingly or wilfully give a false 
 2960 answer to any such questions, or shall evade the answer to any 
 such question where the fact inquired of is within his knowledge^ 
 or who shall upon proper demand wilfully fail or refuse to exhibit 
 to any commissioner or any commissioners, or any person also 
 authorized to examine the same, any book, paper or account of 
 
 757 
 
such public utiKty which is in his possession or under his control 
 shall be subject to the penalty prescribed in section 8 of this act. 
 Same, sec. 2j. 
 
 NEW YORK See pars. 2884, 2896, 
 
 OHIO Commission shall cause blanks to be prepared 
 
 suitable for the pmposes designated in this chapter which shall 
 
 2961 conform as nearly as practicable to the forms prescribed by the 
 interstate commerce commission, and, when necessary, furnish 
 such blanks to each railroad. Code 1910, sec. 556. 
 
 A railroad receiving blanks from commission shall cause 
 them to be properly filled, answering fully and correctly each 
 question therein. In case it is unable to answer any question, 
 
 2962 such railroad shall give a good and sufficient reason therefor. 
 Such answers shall be verified under oath by the proper officer of 
 the railroad and returned to commission within the time fixed by 
 it. The making or filing of a false affidavit shall be deemed per- 
 jury and punishable as such. Same, sec. 557. 
 
 Whoever, being an officer, agent or employe of a railroad 
 company, wilfully fails or refuses to fill out and return a blank 
 required by commission, or by law, or wilfully fails or refuses to 
 answer a question therein propounded, or knowingly gives false 
 answer to such question or evades the answer to it, if the fact 
 inquired of is within his knowledge, or, upon proper demand, wil- 
 fully fails or refuses to exhibit a book, paper or account of such 
 296S railroad, which is in his possession or under his control, to a mem- 
 ber of commission or other person authorized to examine it, shall 
 be fined not less than $100 nor more than $1,000, and a penalty 
 of not less than $500 nor more than $1,000 shall be recovered 
 from the railroad for each such offense when such officer, agent 
 or employe acted in obedience to the direction, instruction or 
 request of such railroad or a general officer thereof. Same, 
 sec. 570. 
 
 See also par. 2908. 
 
 OREGON Commission.shall cause to be prepared suitable 
 
 blanks for the purposes designated in this act, which shall con- 
 form as nearly as practicable to the forms prescribed by the inter- 
 
 2964 state commerce commission, and shall, when necessary, fvimish 
 such blanks to each railroad. Any railroad receiving from com- 
 mission any such blanks, shall cause the same to be properly 
 filled out so as to answer fully and correctly each question thereip 
 
 758 
 
propounded, and in case it is unable to answer any question it 
 shall give a good and sufficient reason for such failure; and said 
 answer shall be verified under oath by the proper officer of said 
 railroad and returned to commission at its office within the time 
 fixed by commission. Gen. Laws igoy, ch. 53, sec. 40. 
 
 Any officer, agent or employe of any railroad who shall fail or 
 wilfully refuse to fill out and return any blanks as required by 
 this act, or shall fail or refuse to answer any questions therein 
 propounded, or shall knowingly or wilfully give a false answer to 
 any such question, or shall evade the answer to any such quCvStion, 
 where the fact inquired of is within his knowledge, or who shall, 
 upon proper demand, fail or wilfully refuse to exhibit to commis- 
 sion or any commissioner, or any person authorized to exam- 
 2966 ine the same, any book, paper or account of such railroad, which 
 is in his possession or under his control, shall be deemed guilty 
 of a misdemeanor, and upon conviction thereof shall be punished 
 by a fine of not less than $100 nor more than Si, 000 for each such 
 offense; and a penalty of not less than $500 nor more than $1,000 
 shall be recovered from the railroad for each such offense when 
 such officer, agent or employe acted in obedience to the direction, 
 instruction or request of such railroad, or any general officer 
 thereof. Same, sec. 52. 
 
 Commission shall cause to be prepared suitable blanks for 
 
 2966 reports for carrying out the purposes of this act, and shall, when 
 necessary, furnish such blanks for reports to each public utility. 
 Gen. Laws igiij ch. 2yg, sec. ij. 
 
 Any public utility receiving from commission any blanks 
 with directions to fill the same, shall cause the same to be properly 
 filled out so as to answer fully and correctly each question therein 
 propounded, and in case it is unable to answer any question, it 
 
 2967 shall give a good and sufficient reason for such failure; and said 
 answer shall be verified under oath by the president, secretary, 
 superintendent or general manager of such public utility and re- 
 turned to commission at its office within the period fixed by com- 
 mission. Same, sec. 40. 
 
 Any officer, agent or employe of any public utility who shall 
 fail or refuse to fill out and retiu'n any blanks as required by this 
 act, or shall fail or refuse to answer any question therein 
 
 2968 propounded, or shall knowingly or wilfully give a false answer to 
 any such question or shall evade the answer to any such question 
 where the fact inquired of is within his knowledge or who shall, 
 upon proper demand, fail or refuse to exhibit to commission or 
 
 759 
 
any commissioner or any person authorized to examine the 
 same, any book, paper, account, record, or memorandum of 
 such public utility which is in his possession or under his con- 
 trol, or who shall fail to properly use and keep his system of 
 accounting or any part thereof as prescribed by commission, or 
 who shall refuse to do any act or thing in connection with such 
 system of accounting when so directed by commission or its 
 authorized representative, shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof shall be punished by a fine 
 of not less than $i,ooo for each offense. A penalty of not less 
 than $500 nor more than $1,000 shall be recovered from the 
 public utility for each such offense when such officer, agent or 
 employe acted in obedience to the direction, instruction or 
 request of such public utility or any general officer thereof. 
 Same, sec. 68. 
 
 SOUTH CAROLINA Commission shall, on or before June i, in each 
 
 2969 year, furnish to the several railroads blank forms of such reports. 
 Gen. Stats. igo2, sec. 20^5. 
 
 TENNESSEE Commission shall cause to be prepared suit- 
 
 able blanks with such questions calculated to elicit all informa- 
 
 2970 tion concerning railroads, and as often as may be necessary, 
 furnish said blanks to each railroad company. Acts iSgj, ch. 10, 
 sec. 8. 
 
 Each railroad company receiving from commission any such 
 blanks shall cause the same to be properly filled out, so as to 
 answer fully and correctly each question therein propounded, and 
 
 2971 in case they are unable to answer any question, they shall give a 
 satisfactory reason for their failure, and the said answer, duly 
 sworn to by the proper officer of said company, shall be returned 
 to commission at its office in Nashville within 30 days from the 
 receipt of same. Same. 
 
 TEXAS Commission shall cause to be prepared suitable 
 
 blanks with questions calculated to elicit all information con- 
 cerning railroads, and as often as it may be necessary furnish 
 said blanks to each railroad company. Any railroad company 
 receiving from commission any such blanks shall cause said 
 
 2972 blanks to be properly filled out so as to answer fully and correctly 
 each question therein propounded, and in case they are unable to 
 answer any question, they shall give a satisfactory reason for 
 
 '' their failure; and the said answers, duly sworn to by the proper 
 officer of said company, shall be returned to commission at its 
 
 760 
 
office in the city of Austin within 30 days from tlie receipt thereof . 
 Sayles^ Civ. Stats. i8g'/, art. 4571. 
 
 If any officer or employe of a railroad company shall fail or 
 refuse to fill out aad return any blanks as above required, or fail 
 or refuse to answer any questions therein propounded, or give a 
 false answer to any such questions, where the fact inquired of is 
 within his knowledge, or shall evade the answer to any such 
 questions, such person shall be guilty of a misdemeanor, and shall 
 
 2973 on conviction thereof be fined for each day he shall fail to perform 
 such du^ after the expiration of the time aforesaid, a penalty of 
 $500, and commission shall cause a prosecution therefor in the 
 proper court; and a penalty of a like amount shall be recovered 
 from the company when it appears that such person acted in 
 obedience to its directions, permission or request in his failure, 
 evasion or refusal. Same, art. 4^71(1). 
 
 WISCONSIN Commission shall cause to be prepared suit- 
 
 able blanks for the purposes designated in this act, which shall 
 conform as nearly as practicable to the forms prescribed by the 
 interstate commerce commission, and shall, when necessary,. fur- 
 nish such blanks to each railroad. Any railroad receiving from 
 
 2974 commission any such blanks, shall cause the same to be properly 
 filled out so as to answer fully and correctly each question therein 
 propounded, and in case it is unable to answer any question it 
 shall give a good and sufficient reason for such failure; and said 
 answer shall be verified under oath by the proper officer of said 
 railroad and returned to commission at its office within the time 
 fixed by commission. Laws igoj, ch. J62, sec. i'/gy-i8{a). 
 
 Any officer, agent or employe of any railroad who shall fail 
 or wilfiilly refuse to fill out and return any blanks as required by 
 this act, or shall fail or refuse to answer any questions therein 
 propounded, or shall knowingly or wilfully give a false answer to 
 any such question, or shall evade the answer to any such question, 
 where the fact inquired of is within his knowledge, or who shall, 
 upon proper demand, fail or wilfully refuse to exhibit to com- 
 2976 mission or any commissioner, or any person authorized . to 
 examine the same, any book, paper or account of such railroad, 
 which is in his possession or under his control, shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof shall 
 be punished by a fine of not less than $100 nor more than $1,000 
 for each such offense; and a penalty of not less than $500 nor 
 more than $1,000 shall be recovered from the railroad for each 
 such offense when such officer, agent or employe acted in obedi- 
 
 761 
 
ence to the direction, instruction or request of such railroad or 
 any general officer thereof. Samey sec. i'jgy-26. 
 
 Commission shall cause to be prepared suitable blanks for 
 2976 carrying out the purposes of this act, and shall, when necessary, 
 furnish such blanks to each public utility. Laws 1907, ch. 49 g, 
 sec. lygym-io. 
 
 Any public utility receiving from commission any blanks 
 with directions to fill the same, shall cause the same to be prop- 
 erly filled out so as to answer fully and correctly each question 
 therein propounded, and in case it is unable to answer any ques- 
 W77 tion, it shall give a good and sufficient reason for such failure; and 
 said answer shall be verified under oath by the president, secre- 
 tary, superintendent or general manager of such public utility 
 and returned to commission at its office within the period fixed 
 by commission. Same, sec. iygym-42 (2). 
 
 Any officer, agent or employe of any public utility or of any 
 municipality constituting a public utility as defined by this act 
 who shall fail or refuse to fill out and return any blanks as re- 
 quired by this act, or shall fail or refuse to answer any question 
 therein propounded, or shall knowingly or wilfully give a false 
 answer to any such question or shall evade the answer to any such 
 question where the fact inquired of is within his knowledge or who 
 shall, upon proper demand, fail or refuse to exhibit to commission 
 
 2978 or any commissioner or any person authorized to examine the 
 same, any book, paper, account, record, or memoranda of such 
 public utility which is in his possession or under his control or who 
 shall fail to properly use and keep his system of accounting or 
 any part thereof as prescribed by commission, or who shall refuse 
 to do any act or thing in connection with such system of account- 
 ing when so directed by commission or its authorized representa- 
 tive, shall be deemed guilty of a misdemeanor and upon conviction 
 thereof shall be punished by a fine of not less than $1 ,000 for each 
 offense. Same, sec. iygjm-g4. 
 
 And a penalty of not less than $500 nor more than $1,000 
 shall be recovered from the public utility for each offense when 
 
 2979 such officer, agent or employe acted in obedience to the direction, 
 instruction or request of such public utility or any general officer 
 thereof. Same, sec. iygym-g4 (2). 
 
 76;2 
 
C. CONTENTS OF ANNUAL REPORTS OF 
 UTILITIES AS PRESCRIBED BY STATUTE. 
 
 UNITED STATES Annual reports of common carriers and owners 
 of railroads engaged in interstate commerce shall show in detail the 
 amount of capital stock issued, the amoimts paid therefor ,'and the 
 manner of payment for the same; the dividends paid, the surplus 
 fimd, if any, and the number of stockholders ; the fimded and float- 
 ing debts and the interest paid thereon; the cost and value of the 
 carrier's property, franchises, and equipments; the number of em- 
 ployes and the salaries paid each class; the accidents to passen- 
 gers, employes, and other persons, and the causes thereof; the 
 
 2980 amoimts expended for improvements each year, how expended, 
 and the character of such improvements; the earnings and re- 
 ceipts from each branch of business and from all sources; the 
 operating and other expenses; the balances of profit and loss; and 
 a complete exhibit of the financial operations of the carrier each 
 year, including an annual balance sheet. Such reports shall also 
 contain such information in relation to rates or regulations con- 
 cerning fares or freights, or agreements, arrangements, or con- 
 tracts affecting the same as commission may require. Act to 
 Regulate Commerce, sec. 20. 
 
 ALABAMA Whether demand is made or not a railroad cor- 
 
 poration other than a street railroad corporation shall include 
 such information in its annual reports, namely: (i) the cost of 
 right of way; (2) the cost of grading and roadbeds; (3) the cost 
 of bridges; (4) the cost of rails and ties; (5) the cost of terminals 
 and buildings; (6) the cost of equipment, engines, freight cars, 
 passenger coaches, miscellaneous; (7) the cost of all other prop- 
 erty and values in detail; (8) the amount paid for improvements, 
 for what paid, and to what accoimt charged; (9) the monthly 
 revenues from passenger transportation; (10) the monthly 
 revenues from freight transportation; (11) the monthly revenues 
 from all other sources; (12) the monthly expenses of operating 
 passenger trains; (13) the monthly expenses of operating freight 
 trains; (14) the monthly expenses of operating mixed trains; 
 (15) all other monthly expenses of operating railroad (beyond 
 above items) including salaries, which are to be stated separately 
 as are maintenance of way, and improvements; (16) tons of rev- 
 enue freight, divided into products of agriculture, products of 
 animals, products of mines, products of forests, manufacture, 
 merchandise, miscellaneous, and fertilizers, carried from one 
 
 763 
 
point within the state to another point within the state; (17) toils 
 of revenue freight carried from points without the state to points 
 within the state; (18) tons of revenue freight carried from points 
 within the state to points without the state; (19) tons of revenue 
 freight carried entirely through the state to destination beyond 
 the state (tonnage under sub-divisions 17, 18 and 19 to be classi- 
 fied as in 16) ; (20) tons of company or dead-head freight carried 
 imder each of the conditions of sub-divisions 16, 17, 18 and 19; 
 (21) the total revenue received from each of the classes of freight 
 
 3981 in sub-divisions 16, 17, 18 and 19; (22) the total number of ton- 
 miles or miles one ton was carried in each of the classes of freight 
 in sub-divisions 16, 17, 18, 19 and 20; (23) total number of revenue 
 passengers carried from points and to points as named in sub-divi- 
 sions 16,17,18 and 1 9 ; ( 24) total revenue from passenger transporta- 
 tion in each class as named in sub-division 23 ; (25) total passenger 
 
 f miles in each class as named in sub-division 23 ; (26) total number 
 of dead-head or non-paying passengers in each of classes named 
 in sub-division 23, and total number of dead-head passenger 
 miles in each of such classes ; (27) total number of passenger trains 
 operated entirely within the state, total number of freight trains op- 
 erated entirely within the state, and total niunber of mixed trains 
 operated entirely within the state ; (28) total tons of freight and to- 
 tal number of passengers both revenue and dead-head (freight and 
 
 "' passenger and revenue and dead-head stated separately) carried 
 on each class of train; (29) total revenue from freight and passen- 
 gers, stated separately, each class of train, total revenue from all 
 other sources ; (30) total ton miles and total passenger miles in 
 
 ^^ each class of train named in sub-division 27 ; (31) number of train 
 miles and number of car miles for each class of train named in 
 sub-division 27; (32) the cost of operation of each of the classes 
 
 . . of trains named in sub-division 27, cost to. include, separately, 
 
 fuel, water, oil, engine wages, train wages, miscellaneous; (33) the 
 
 total number of trains in the state (freight, passenger and mixed 
 
 '^- separately) which carry exclusively intrastate business; (34) fur- 
 
 :t« nish for these trains information as indicated in sub-divisions 
 28, 29, 30, 31 and 32. Provided that commission may waive the 
 keeping and furnishing of any of the above facts in this section 
 required to be kept and furnished. Acts igoy, sp. sess., no. 17, 
 sec. 4. 
 
 ARKANSAS See par. 27go. 
 
 FLORIDA The annual report of a railroad, railroad com- 
 
 pany and common carrier shall specify: (i) the amotmt of capi- 
 
 764 
 
tal stcx^k subscribed, the number of shares, and the par value 
 thereof; (2) the names of the owners of its stock, and the 
 amount owned by them respectively, and the residence of each 
 stockholder as far as known; (3) the amount of stock paid in 
 and by whom; (4) the amount of assets and liabilities; (5) the 
 names and places of residence of its officers; (6) the amount of 
 funded or bonded debt; (7) the amoimt of floating debt; (8) the 
 estimated value of the roadbed, including iron and bridges; 
 (9) the estimated value of rolling stock; (10) the estimated 
 value of stations and buildings; (11) the estimated value of 
 other property; (12) the length of single track on main line; 
 (13) the length of double track on main line; (14) the length of 
 branches, stating whether they have double or single track; 
 (15) the aggregate length of siding and other tracks above 
 enumerated ; (16) the number of tons of through freight carried 
 during the year preceding the making of the report; (17) the 
 number of tons of local freight carried during the same time; 
 (18) the monthly earnings for the transportation of passengers 
 during the same time; (19) the monthly earnings for the trans- 
 portation of freight during the same time; (20) the amount of 
 expenses inciirred in nmning and management of passenger trains, 
 in the running and management of freight trains and in the run- 
 ning and management of mixed trains during the same time ; (21) 
 the expenses incurred in the running and management of the 
 road, including the salaries or compensation of general officers for 
 the same time which shall be reported separately in detail ; (22) 
 the amoimt expended for repairs and removal of bridges, ties 
 and iron; (23) the amoimt expended for other improvements 
 not included in the last sub-division; (24) the amount expended 
 for motive power, cars, stations, houses, and all other* buildings 
 and fixtures, including all other expenditures in the management 
 and running of said road; (25) the rate of fare for passengers 
 for each month during the same time; through and way passen- 
 gers separately; (26) the tariff of freights, showing the changes 
 of tariff, if any, during the same time; (27) a copy of each pub- 
 lished rate of fare for passengers and tariffs of freights, issued for 
 the government of its agents during the same time, and whether 
 the rate of fare and tariff of freight in such published lists are the 
 same as those actually received by the company, and if not, what 
 were received; (28) what express companies run on its roads 
 and on what terms and conditions, and the kind of business done 
 by them; (29) what freight and transportation companies run 
 
 76s 
 
on its roads and on what terms, and whether such freight and 
 transportation companies use the cars of the railroad company, or 
 cars furnished by themselves ; (30) whether the freight or cars 
 of such transportation companies are given any preference in 
 speed or order of transportation, and if so, what ; (31) number 
 of free passes issued during same time and to whom; (32) what 
 running or traffic arrangements it has with other railroad com- 
 panies; (33) what amount of land was granted them by the 
 state and by the United States; how much of said land has 
 already been actually conveyed by deed; how much land is still 
 due them; how much land has been sold, and what has been the 
 gross receipts from such sales of land since granted by the state 
 and the United States; and answer such additional interroga- 
 tories as commission may make and propound to the said railroad 
 and express companies and this section shall apply to the presi- 
 dent, directors and general officers of every railroad and express 
 company now existing, or which shall hereafter be organized and 
 exist in this state, and to every lessee, manager, or operator of any 
 railroad or express line within this state. Gen. Stats. igo6, 
 sec. 2go6. 
 
 ILLINOIS The annual report of railroad company or other 
 
 common carrier shall specify: (i) the names of the owners of its 
 stock, and the amount owned by them, respectively, and the resi- 
 dence of each stockholder so far as known; (2) the amoimt of 
 its assets and liabilities; (3) the names and place of residence of 
 its officers ; (4) the amoimt of funded debt; (5) the amount 
 of floating debt; (6) the estimated value of the roadbed, includ- 
 ing iron and bridges; (7) the estimated value of rolling stock; 
 (8) the estimated value of stations, buildings and fixtures; (9) 
 the estimated value of other property; (10) the length of single 
 main track; (11) the length of double main track; (12) the 
 length of branches, stating whether they have single or double 
 
 2988 track; (13) the aggregate length of siding and other tracks not 
 above enumerated; (14) the ntimber of miles run by passenger 
 trains dining the year preceding the making of the report; (15) 
 the number of miles run by freight trains during the same period; 
 (16) the number of tons of through freight carried during the 
 same time; (17) the number of tons of local freight carried 
 during the same time; (18) the amount of expenses incurred in 
 the running and management of passenger trains during the same 
 time; (19) the amoimt of expenses incurred in the running and 
 management of freight trains during the same time; also the 
 
 766 
 
amount of expense mcurred in the running and management of 
 mixed trains during the same time ; (20) all other expenses 
 incurred in the running and management of the road during the 
 same time, including the salaries of officers, which shall be re- 
 ported separately ; (21) the amount expended for repairs of 
 road and maintenance of way, including repairs and renewal of 
 bridges and renewal of iron ; (22) the amount expended for 
 improvement, and whether the same is estimated as a part of the 
 expenses of operating or repairing the road, and, if either, which; 
 (23) the amount expended for motive power and cars; (24) 
 the amount expended for station houses, buildings and fixtures; 
 (25) all other expenses for the maintenance of way; (26) all 
 other expenditures, either for management of road, maintenance 
 of way, motive power and cars, or for other purposes; (27) the 
 rate of fare for passengers during same time, through and way 
 passengers separately; (28) the tariff of freights, showing each 
 change of tariff during the same time, copies of such tariffs to be 
 filed with commission at date of issue; (29) a copy of each pub- 
 lished rate of fare for passengers and tariff of freight, in force or 
 issued for the government of its agents during the same time, 
 copies of such tariffs to be filed with commission at date of 
 issue; (30) whether the rate of fare and tariff of freight in such 
 published lists are the same as those actually received by the com- 
 pany during the same time; if not, what were received; (31) 
 what express companies run on its road, and on what terms and 
 on what conditions; the kind of business done by them, and 
 whether they take their freights at the depots or at the office of 
 such express companies ; (32) what freight and transportation 
 companies run on its road, and on what terms; (7,7,) whether 
 such freight and transportation companies use the cars of the road 
 or the cars furnished by themselves; (34) whether the freight 
 cars of such companies are given any preference in speed or order 
 of transportation and if so, in what particular; (35) what run- 
 ning arrangements it has with other railroad companies, setting 
 forth the contracts for the same. Revisal igog, ch. 114, sec. 
 172. 
 
 * 
 
 IOWA Annual reports of common carriers shall show 
 
 in detail the amount of capital stock issued, the amounts paid 
 therefor, and manner of payment; the dividends paid; surplus 
 fund, if any; number of stockholders; the funded and floating 
 debts and the interest paid thereon; the cost and value of the 
 carrier's property, franchises and equipment; the number of 
 
 767 
 
locomotive engines and cars used in the state, and the number 
 supplied with automatic safety couplers, and the kind and num- 
 ber of brakes used, and the nimiber of each; the number of em- 
 
 2984 ployes and the salaries paid each class; and the amounts expended 
 for improvements each year, how and where expended and the 
 character of such improvements; the earnings and receipts from 
 each branch of business and from all sources; the operating and 
 other expenses; the balance of profit and loss, and a complete 
 exhibit of the financial operations thereof each year, including an 
 annual balance sheet. Such reports shall also contain such 
 information in relation to rates or regulations concerning fares or 
 freights, or agreements, arrangements or contracts with other 
 carriers, and other statistics of the road and its transportation, as 
 commission may require. Code iSgj, sec. 2143. 
 
 KANSAS The annual report of a common carrier or a pub- 
 
 lic utility shall show in detail the amount of the capital stock 
 issued, the amount paid therefor, and the manner of payment 
 for same; the dividends paid; the surplus fund, if any, and the 
 ntimber of stockholders; the funded and floating debts, and the 
 interest paid thereon ; the cost and value of the carrier's property, 
 franchises and equipment; the number of employes and the 
 salaries paid each class; the accidents to passengers, employes 
 and other persons, and the causes thereof; the amounts expended 
 
 2985 for improvement each year, how expended, and the character of 
 ' such improvements; the earnings and receipts from each branch 
 
 of the business and from all sources; the operating and other 
 •' expenses; the balance of profit and loss, and a complete exhibit 
 of the financial operations of such common carrier and public 
 utility, each year, including an annual balance sheet. Such 
 reports shall also contain such information in relation to rates 
 and regulations concerning fares, freights, agreements, arrange- 
 ments and contracts affecting the same, as the commission may 
 require. Laws igii, ch. 2^8, sec. 24. 
 
 KENTUCKY The annual report of a railroad shall specify: 
 
 (i) the amount of capital stock paid up, and the names of the 
 owners thereof, and amounts owned by each, and the residence of 
 each stockholder as far as known ; (2) the amount of its assets and 
 liabilities; (3) the names and places of residence of its general 
 officers; (4) the amount of cash paid to the company on account 
 of the original capital stock; (5) the amount of the funded debt; 
 (6) the amount of floating debt; (7) the estimated value of the 
 
 .. 768 
 
thereof; commission may also cause to be printed for eariy dis- 
 tribution its annual reports. Same. 
 
 Commission shall on or before December i, in each year, 
 make a report which shall be transmitted to Congress, and copies 
 of which shall be distributed as are the other reports transmitted 
 to Congress. This report shall contain such information and 
 
 3030 data collected by commission as may be considered of value in 
 the determination of questions connected with the regulation of 
 commerce together with such recommendations as to additional 
 legislation relating thereto as commission may deem necessary, 
 and the names and compensation of the persons employed by 
 commission. Same, sec. 21. 
 
 See also par. 2616. 
 
 ALABAMA On or before October 10, of each year, com- 
 
 mission through the president thereof shall make to the governor 
 for transmission to the legislature a report of its acts and doings 
 for the year ending June 30, next preceding, setting forth such 
 
 3031 facts as will disclose the actual workings of the transportation 
 system of this state and make such suggestions as to it may seem 
 appropriate and for the best interests of the state. Such reports 
 may be made public immediately upon the filing with the gov- 
 ernor. Code igoy, sec. 5645. 
 
 ARIZONA Commission shall make and submit to the 
 
 governor on or before December i, of each year, a report con- 
 taining a full and complete accotmt of its transa^^tions and pro- 
 
 3032 ceedings for the preceding fiscal year, together with such other 
 facts, suggestions, and recommendations as it may deem of value 
 to the people of the state. Sess. Laws igi2, ch. go, sec. 12. 
 
 ARKANSAS Commission shall make and submit to the 
 
 governor annual reports, containing a full and complete account 
 of the transactions of its office together with the information 
 
 3033 gathered by commission as herein required and such other facts, 
 suggestions and recommendations as may be by it deemed 
 necessary, which report shall be published as the reports of the 
 heads of departments. Kirby's Digest igo4, sec. 6824. 
 
 See also par. 6ig. 
 
 CALIFORNIA Identical with par. 3032. Stats, igii, ist. ex. 
 
 3034 sess., ch. 14, sec. 12, 
 
 \ COLORADO Whenever investigations shall be made by 
 
 commission, it shall make a report in writing in respect thereto, 
 
 783 
 
8035 which shall state the conclusions of commission, together with 
 its decision, order or requirement in the premises. Laws igio, 
 sp. sess., ch. 5, sec. 14. 
 
 SO86 Also a provision identical with par. 3029.^ Same, 
 
 CONNECTICUT Commission shall render on or before Decem- 
 
 ber I, in each year a report to the governor stating the general 
 conduct and financial condition of all public service companies as 
 ascertained by commission from returns of the companies and 
 
 3037 examinations by commission, together with such other facts and 
 recommendations as in opinion of commission will increase the 
 public safety or be for the public interest, together with its 
 reasons for such recommendations. Pub. Acts igii, ch. 128, 
 sec. 28. 
 
 ^ See also par. 2^4g. 
 
 FLORIDA Commission shall by March i, in every year 
 
 make to the governor annual reports of all transactions of its 
 
 3038 office including an itemized statement of penalties imposed and 
 fines collected, and recommend from time to time such legisla- 
 tion as it may deem advisable. Gen. Stats. igo6, sec. 2gij. 
 
 See also par. 2jgg. 
 
 GEORGIA Commission shall make to the governor an- 
 
 3039 nual reports of the transactions of its office, and recommend 
 from time to time such legislation as it may deem advisable. 
 Code igii^ sec. 2644. 
 
 ILLINOIS Commission shall on or before December i, of 
 
 each year, or oftener if required by the governor to do so, make a 
 report to the governor of its doings for the preceding year, con- 
 taining such facts, statements and explanations as will disclose 
 the actual workings of the system of transportation of persons or 
 property by common carriers within this state and of the ware- 
 house business in their bearings upon the business and prosperity 
 
 3040 of the people of the state, and such suggestions in relation thereto 
 as to it may seem appropriate, and particularly first, whether in 
 its judgment the railroads can be classified in regard to rate of 
 fare and freight to be charged upon them, and if so, in what 
 manner; second, whether a classification of freight can also be 
 made, and if so, in what manner. It shall also at such times as 
 the governor shall direct examine any particular subject con- 
 nected with the condition and management of railroads, other 
 
 * "All courts of the United States and of the several states" reads "all courts of this state." 
 
 784 
 
commission all information required by it concerning the con- 
 dition, operation and management of such railroad, and the 
 
 3021 condition of its roadbeds, bridges and equipment. Commission 
 shall not, unless required by law, give publicity to such informa- 
 tion as may be obtained by it under the provisions of this chapter, 
 except so far as it may be necessary in reports to the general 
 assembly or in judicial proceedings. Pub. Stats. igo6, 4606. 
 
 A person or corporation operating a railroad in the state 
 that refuses commission access to the books, accounts or papers 
 of such railroad so far as may be necessary imder the provisions 
 of this chapter, or fails or refuses to furnish any returns, reports, 
 or information lawfully required by commission, or wilfully 
 hinders, delays or obstructs commission in the discharge of the 
 
 3022 duties imposed upon it, or fails within a reasonable time to obey 
 a final order or decree of commission, shall be fined not more than 
 $5,000 nor less than $500 with costs. A person who knowingly, 
 imder oath, makes a false return or statement, or who knowingly, 
 imder oath, when required by law, gives false information to 
 commission; or who knowingly testifies falsely in any material 
 matter before commission, shall be deemed to have committed 
 perjury and shall be punished accordingly. Same, sec. 460J. 
 
 A company owning or operating a plant, line or property, 
 subject to supervision under this act shall, at all times, on request, 
 furnish commission all information required by it concerning the 
 condition, operation, management, expense of maintenance and 
 
 3023 operation, cost of production, rates charged for service or for 
 products, contracts, obligations and financial standing of such 
 company. Commission shall not, imless required by law, give 
 publicity to such information so obtained by it, except as it may 
 be necessary in reports to the general assembly, or in judicial 
 proceedings. Laws 1Q08, no. 116, sec. 5. 
 
 A company operating a plant or line subject to supervision 
 under this act, that refuses commission access to its books, ac- 
 counts or papers, so far as may be necessary under the pro- 
 visions of this act, or fails or refuses to furnish any returns, reports 
 or information lawfully reqiiired by commission, or wilfully 
 hinders, delays or obstructs commission in the discharge of the 
 
 3024 duties imposed upon it, or fails, within a reasonable time to 
 obey a final order or decree of commission, shall be fined not 
 more than $5,000 nor less than $500. A person who knowingly, 
 under oath, makes a false return or statement, or who know- 
 ingly, under oath, when required by law, gives false information 
 
 781 
 
to commission, or who knowingly testifies falsely in any material 
 matter before commission, shall be deemed to have committed 
 perjury, and shall be punished accordingly. Same, sec. 6. 
 
 VIRGINIA Every railroad company or person operating a 
 
 railroad in this state shall, at all times, on request, furnish to 
 commission any information required by it, concerning the 
 physical condition, management, or operation of its road, and 
 
 3025 particularly with copies of all of its time tables upon its road and 
 other roads with which its business is connected; and any railroad 
 refusing or failing to furnish any such information to com- 
 mission shall, in the discretion of commission, be fined not less 
 than $io nor more than $i,ooo. Pollard^ s Code 1904, sec. 
 I294d{69). 
 
 Commission may require all such corporations^ to furnish 
 
 3026 such reports to commission as may be provided by the consti- 
 tution, or by law. Same, sec. ijijaiid). 
 
 WISCONSIN Identical with pars. 3015, 3016, 3017. Laws 
 
 3027 igoy, ch. 499, sees. lygym-iS, iy9ym-42{i), iy9ym-42(j). 
 
 See also par. 715. 
 
 E. DUTY OF COMMISSION TO SUBMIT RE- 
 PORTS, AS PRESCRIBED, WITH REGARD 
 TO THE BUSINESS AND MANAGEMENT OF 
 PUBLIC UTILITIES AND TO MAKE RECOM- 
 MENDATIONS WITH RESPECT THERETO. 
 
 UNITED STATES Whenever an investigation shall be made by 
 commission, it shall make a report in writing in respect thereto, 
 which shall state the conclusions of commission, together with 
 
 3028 its decision, order or requirement in the premises; and in case 
 damages are awarded, such report shall include the findings of 
 fact on which the award is made. Act to Regulate Commerce, 
 sec. 14. 
 
 Commission may provide for the publication of its reports 
 and decisions in such form and manner as may be best adapted 
 for public information and use, and such authorized publications 
 
 3029 shall be competent evidence of the reports and decisions of com- 
 mission therein contained in all courts of the United States and 
 of the several states without any further proof or authentication 
 
 1 Corporations chartered under the laws of this state and all foreign corporations. 
 
 782 
 
a part thereof to be copied for its information or for the infor- 
 mation of the stockholders of such corporation or company. 
 Same, sec. ij. 
 
 Every person, firm, association or corporation doing an ex- 
 press business upon a railroad or railway in this commonwealth 
 shall, upon request, furnish to commission full information rela- 
 soii tive to the character or conduct of such business, the service that 
 is furnished and the rates that are charged, the names of the 
 persons engaged in the business, and the relations existing with 
 any other person, firm, association or corporation conducting a 
 transportation or express business upon a railroad or railway. 
 Acts igo8, ch. jgg, sec. j. 
 
 Companies hereinbefore described shall hereafter furnish 
 
 3012 from time to time to gas and electric commission such information 
 as commission may require. Acts iqo8, ch. 61'/, sec. 2. 
 
 MISSISSIPPI Commission shall demand and require all 
 
 proper information from railroads, express, telephone, telegraph, 
 and sleeping car companies to enable its members to intelligently 
 discharge their duties; and to require the same of all steamboats 
 
 3013 and other carriers, for statistical purposes. They shall furnish 
 commission with all information required relating to the business 
 of each, and the management, income, receipts, expenses, and 
 expenditures thereof; and with copies of all leases, contracts, and 
 agreements for transportation with each other. Code igo6, 
 sec. 4848. 
 
 See also pars. 2g2, 2gj, 2g4. 
 
 NEBRASKA See pars. 648, 64g, 650, 651. 
 
 OHIO Each public utility shall furnish to commission 
 
 in such form and at such times as commission may require such 
 
 3014 accounts, reports and information as shall show completely and 
 in detail the entire operation of the public utility in furnishing 
 the imit of its product or service to the public. Laws igii, no. 
 325, sec. 37. 
 
 OREGON Each public utility shall fiunish to commission 
 
 in such form and at such times as commission shall require, such 
 accounts, reports and information as shall show in itemized 
 detail: (i) the depreciation per imit; (2) the salaries and wages 
 separately per unit; (3) legal expenses per imit; (4) taxes and 
 rentals separately per unit; (5) the quantity and value of ma- 
 terial used per unit; (6) the receipts from residuals, by-products, 
 
 779 
 
3016 services or other sales separately per unit; (7) the total and net 
 cost per unit; (8) the gross and net profit per unit; (9) the divi- 
 dends and interest per unit; (10) the surplus or reserve per unit; 
 (11) the prices per unit paid by consumers; and in addition such 
 other items, whether of a nature similar to those hereinbefore 
 enumerated or otherwise, as commission may prescribe in order 
 to show completely and in detail the entire operation of the 
 public utility in furnishing the unit of its product or service to 
 the public. Gen. Laws iqii, ch. 279, sec. ig. 
 
 Every public utility shall furnish to commission all informa- 
 tion required by it to carry into effect the provisions of this act 
 
 3016 and shall make specific answers to all questions submitted by 
 commission. Same, sec. 40. 
 
 Whenever required by commission, every public utility 
 shall deliver to commission any or all maps, profiles, contracts, 
 reports of engineers, and all documents, books, accoimts, papers 
 
 3017 and records or copies of any or all of the same, with a complete 
 inventory of all its property, in such form as commission may 
 direct. Same. 
 
 See also par. 6j6. 
 
 PENNSYLVANIA Every common carrier shall, on request, 
 furnish commission any necessary information required by com- 
 mission concerning the rates of freight, for transporting freight 
 
 3018 and passengers upon its road and other roads with which its 
 business is connected, and the condition, management, and opera- 
 tion of its road. Laws igoy, no. 2^0, sec. ig. 
 
 • 
 
 SOUTH CAROLINA Every railroad corporation shall, at all times, 
 on request, furnish commission any information required by it 
 concerning the condition, manageraent and operation of its rail- 
 
 3019 roads, and particularly with copies of time tables, and also with 
 the rates of transporting freight and passengers upon its road 
 and other roads with which its business is connected. Gen. 
 Stats. igo2, sec. 20^2. 
 
 Commission shall further have, at all times, access to the 
 list of stockholders of every corporation operating a railroad, 
 
 3020 and may, in its discretion, at any time, cause the same to be 
 copied, in whole or in part, for its own information or for the 
 information of persons owning stock in such corporation. Same^ 
 sec. 2081. 
 
 VERMONT A person or corporation owning or operating 
 
 a railroad in this state shall, at all times, upon request, furnish 
 
 780 
 
I 
 
 state the sum of $ioo for each and every day it shall continue to 
 be in default with respect to such abstract or list of vouchers or 
 receipts and such copy of particular vouchers or receipts de- 
 manded. Such forfeiture shall be recovered in an action brought 
 by commission -in the name of the state in the circuit court or 
 court of like jurisdiction of Montgomery county, and the amount 
 recovered in such action shall be paid into the state treasury and 
 credited to the general fund. Acts igoy, sp. sess., no. 77, sec. 7. 
 
 ARIZONA All public ser\dce corporations and corpora- 
 
 tions whose stock shall be offered for sale to the public shall make 
 
 3001 such reports to commission, under oath, and provide such in- 
 formation concerning their acts and operations as may be re- 
 quired by law, or by commission. Const., art. xv, sec. 13. 
 
 Every public service corporation shall furnish to commission 
 in such form and such detail as commission shall prescribe all 
 
 3002 tabulations, computations and all other information required by 
 it to carry into effect. any of the provisions of this act, and shall 
 make specific answers to all questions submitted by commission. 
 Sess. Laws igi2, ch. go, sec. 28. 
 
 Whenever required by commission, every public service 
 corporation shall deliver to commission copies of any or all maps, 
 profiles, contracts, agreements, franchises, reports, books, ac- 
 
 3003 counts, papers and records in its possession, or in any way re- 
 lating to its property or affecting its business, and also a com- 
 plete inventory of all its property in such form as commission may 
 direct. Same, sec. 28(c). 
 
 See also par. 6oj. 
 
 ARKANSAS Every person or corporation operating a rail- 
 
 road or express company having an agent or office in the state 
 shall, upon notice to do so, fvimish commission with all informa- 
 tion required to enable commission to perform its duties relative 
 to the management of their respective lines and connecting lines, 
 
 3004 and particularly with copies of all leases, contracts and agree- 
 ments with other lines, express companies or sleeping car com- 
 panies, and shall furnish all such information as to the number 
 of persons employed in the different departments of their serv- 
 ice and the wages paid the same, as commission may require. 
 Kirhys Digest, sec. 681 1. 
 
 CALIFORNIA Provisions for public utilities identical with 
 
 3005 pars. 3002, 3003. Stats, igii, ist. ex. sess., ch. 14, sees. 28(a), 
 28(c). 
 
 See also par. 620. 
 
 Ill 
 
KANSAS Each public utility shall furnish to commis- 
 
 sion, in such form and at such time as commission shall require > 
 such accotmts, reports and information as shown in itemized de- 
 tail; (i) the depreciation per unit; (2) the salaries and wages, 
 separately , per unit ; (3) legal expenses per-unit; (4) taxes and 
 rentals, separately, per unit ; (5) the quantity and value of material 
 used per unit ; (6) the receipts from residuals, by-products, serv- 
 
 3006 ices or other sales, separately, per unit; (7) the total and net 
 cost per unit; (8) the gross and net profit per unit; (9) the divi- 
 dends and interest per unit; (10) surplus or reserve per unit; (11) 
 the prices per imit paid by consimiers; and, in addition, such 
 other items, whether of a nature similar to those hereinbefore 
 enumerated or otherwise as commission may prescribe in order to 
 show completely and in detail either the operation of the public 
 utility or common carrier in furnishing the unit of its product or 
 service to the public. Laws igii, ch. 2j8, sec. 23. 
 
 MAINE See pars. 2445, 2^j'j,' 257^. 
 
 MARYLAND See pars. 631, 633. 
 
 MASSACHUSETTS Every corporation and company engaged in 
 the manufacture and sale of gas or electricity for light or heat 
 shall at all times, upon request, furnish any information required 
 
 3007 by commission relative to its condition, management and opera- 
 tion, and shall comply with all lawful orders of commission. 
 Rev. Laws igo2, ch. 121, sec. 31.^ 
 
 In addition to the annual return required by section eight, 
 every such company shall at times, upon request, furnish to 
 commission any information required by commission concerning 
 
 3008 the condition, management and operation of its business, or con- 
 cerning its rates or the facilities afforded by it to the public 
 therein, and shall comply with all lawful orders of commission, 
 and commission may at all reasonable times have access to the 
 books of such company. Acts igo6, ch. 433, sec. 10. 
 
 Every railroad corporation and street railway company shall, 
 upon request, furnish to commission any information which may 
 
 3009 be required by it relative to the condition, management and 
 operation of the railroad or railway. Acts igo6, ch. 463, pt. tit, 
 sec. 13. 
 
 Commission shall at all times have access to the list of 
 
 stockholders of every corporation or company which operates a 
 
 8010 railroad or railway, and may at any time cause the said list or 
 
 1 See footnote i, par 276. 
 
earnings and receipts from each branch of business, and from all 
 2997 sources, the operating and other expenses; the balance of profit 
 and loss, and a complete exhibit of the financial operations of the 
 carrier each year, including an annual balance sheet, and copies 
 of all reports made by any station agent or other agent of said 
 common carrier in the state to the auditor of said corporation. 
 Such reports shall also contain such information in relation to 
 rates or regulations, concerning fares or freights or agreements, 
 arrangements or contracts with other common carriers as com- 
 mission may require. Such reports shall also contain such other 
 statistics of the carrier and of its transportation business for the 
 year ending upon June 30 of each year, as commission shall re- 
 quire. Sess. Laws iQii, ch. 2oy, sec. 24. 
 See also par. 2g24. 
 
 WASHINGTON The annual report of a public service company 
 
 shall show in detail the amount of capital stock issued, the 
 amounts paid therefor and the manner of payment for same, the 
 dividends paid, the surplus fund, if any, and the number of 
 stockholders, the funded and floating debts and the interest paid 
 thereon, the cost and value of the company's property, fran- 
 chises and equipment, the number of employes and the salaries 
 paid each class, the accidents to passengers, employes and other 
 persons and the cost thereof, the amounts expended for im- 
 provements each year, how expended and the character of such 
 improvements, the earnings or receipts from each franchise or 
 business and from all sources, the proportion thereof earned from 
 business moving wholly within the state and the proportion 
 
 2998 earned from interstate traffic, the nature of the traffic movement 
 showing the percentage of the ton miles each class of commodity 
 bears to the total ton mileage, the operating and other expenses 
 and the proportion of such expense incurred in transacting busi- 
 ness wholly within the state, and the proportion incurred in 
 transacting interstate business, such division to be shown ac- 
 cording to such rules of division as commission may prescribe, 
 the balances of profit and loss, and a complete exhibit of the 
 financial operations of the carrier each year, including an annual 
 balance sheet. Such report shall also contain such information 
 in relation to rates, charges or regulations concerning fares, 
 charges or freights, or agreements, arrangements or contracts 
 affecting the same, as commission may require. Laws igii, ch. 
 177, sec. y8. 
 
 \ VIRGINIA See par. 2933. 
 
 775 
 
D. DUTY OF UTILITIES TO FURNISH GEN- 
 ERAL INFORMATION TO COMMISSION AND 
 AUTHORITY OF COMMISSION TO CALL FOR 
 SUCH INFORMATION. 
 
 ALABAMA The managers of railroads shall furnish com- 
 
 mission with all information required by it relative to the man- 
 agement of their respective lines, and with copies of all leases, 
 contracts, and agreements made by them with express, sleeping 
 car, or other companies to which they are parties, or affecting 
 
 2999 such lines, and commission shall have, at all times, access to the 
 list of stockholders of every corporation operating a railroad in 
 this state, and it may, at any time, cause the same to be copied, 
 or any part thereof, for its own information or for the informa- 
 tion of persons owning stock in such corporation. Code igoy, 
 sec. 5664. 
 
 Every railroad and street railroad corporation shall keep 
 an abstract or list showing the facts hereinafter provided, of 
 every receipt or voucher or other record or instrument, evidencing 
 the payment of money by the corporation, and to file with com- 
 mission on or before the last day of each month an abstract or 
 • list of all such vouchers or receipts, covering all disbursements for 
 the month preceding. Such abstract or list to be filed with com- 
 mission, shall be sworn to by the auditor or comptroller of the 
 corporation, or such other officer as may be designated by com- 
 mission and shall show the following facts with respect to each 
 receipt or voucher: (i) the nimiber; (2) the date; (3) the amount; 
 (4) to whom paid; (5) for what purpose expended; (6) to what 
 account charged. When commission makes demand for the 
 same it shall be the duty of such corporation, within the time 
 specified in the demand, to furnish to commission a copy of any 
 particular voucher or receipt, together with all indorsements 
 
 3000 thereon, verified by the affidavit of the person making said copy. 
 The time for filing such abstract of vouchers or receipts may be 
 extended by commission for a period not exceeding 15 days. 
 If any such corporation shall fail to make and file said ab- 
 stracts or lists of vouchers or receipts within the time above speci- 
 fied or within the time as extended by commission, or shall fail to 
 furnish commission with a sworn copy of any particular voucher 
 or receipt when demanded as aforesaid and within the time 
 specified in the demand, such corporation shall forfeit to the 
 
 776 
 
of freight and the monthly earnings for the transportation of 
 passengers on each main Hne and branch line; (15) the amount of 
 expenses incurred in running passenger trains on each main line 
 and branch line and the amount of expense incurred in running 
 2994 freight and mixed trains on each main line and branch line; (16) 
 the expense incurred in the management of the road, including 
 the compensation of general officers, which shall be reported 
 itemized in detail; (17) the amount expended for repairs, in- 
 cluding maintenance of roadbed, repairs, and renewals of bridges, 
 ties, iron and the amount expended for other improvements not 
 included in the previous enumeration; (18) the amount expended 
 for motive power, cars, station and warehouses, shops, repairs 
 upon cars and locomotives and all other expenses of the oper- 
 ating department; (19) if a railroad, what express companies run 
 on its road and on what terms and conditions and the kind of 
 business done by the express company; (20) the number of free 
 passes or free tickets, and franks issued, and to whom and what 
 relation the recipient bears to the road; (21) what operating or 
 traffic arrangement it has with other companies, attaching a copy 
 of any contract or contracts for such arrangements; (22) what 
 amount of land was granted to the company, or its assignors, 
 immediate or remote; by the state or United States; how much of 
 said land has been conveyed by deed and the amount realized 
 from the sale thereof and how much of said land is now held; (23) 
 the amoimt received by the company, or its assignors, immediate 
 or remote; from municipalities or^other sources as a bonus or to 
 aid in the building of any railroad; (24) the number of employes 
 killed and the number of employes injured by accident, and the 
 cause or causes of such accidents; (25) the number of other per- 
 sons killed or injured by accident, and the causes of such acci- 
 dent; (26) an itemized statement of the amount of all damage 
 paid on account of injuries to or the death of persons by reasons 
 of accidents, stating in separate items the amounts paid on 
 account of inquiries or the death of employes, passengers and 
 other persons; (27) such other information as may be required by 
 commission. Cobbey^s Annot. Stats, igog, sec. 106 jy. 
 
 NEW YORK The annual report of a gas or electric corpo- 
 
 ration shall show in detail : (a) the amoimt of its authorized capi- 
 tal stock and the amount thereof issued and outstanding; (b) the 
 amoimt of its authorized bonded indebtedness and the amoimt 
 of its bonds and other forms of evidence of indebtedness 
 issued and outstanding; (c) its receipts and expenditures during 
 
 773 
 
the preceding year; (d) the amotmt paid as dividends upon its 
 2996 stock and as interest upon its bonds; (e) the names of its officers 
 and the aggregate amoiint paid as salaries to them and the amount 
 paid as wages to its employes; (f) the location of its plant or 
 plants and system, with a full description of its property and 
 franchises, stating in detail how each franchise stated to be owned 
 was acquired; and (g) such other facts pertaining to the operation 
 and maintenance of the plant and system, and the affairs of such 
 person or corporation as may be required by commission. Laws 
 igio, ch. 480, sec. 66{6). 
 
 OREGON The annual report of a railroad shall show in 
 
 detail the amount of capital stock issued; the amount and 
 manner of payment therefor; the dividends paid, the surplus 
 fund, if any; the number of stockholders, the fimded and float- 
 ing debts, and the interest paid or due thereon; the cost and value 
 of all the railroad's property, franchises and equipments; the 
 number of employes and officers, and the salary and wages paid 
 each class; the amounts expended for improvements, how ex- 
 pended, and the character of such improvements; the earnings 
 and receipts from each branch of business and from all other 
 
 2996 sources; the operating and other expenses; the balance of profit 
 or loss; and a complete exhibit of the financial operations of the 
 year, with an annual balance sheet, the amotmt of land re- 
 ceived as grants from the state and from the United States; the 
 amount of land sold and the average price received per acre; the 
 amoimt unsold and its average appraised value per acre; in- 
 formation in regard to rates and regulations concerning fares and 
 freights; agreements, arrangements, or contracts with express, 
 telegraph, sleeping and dining car companies, fast freight lines 
 and other railroads and common carriers, and such other mat- 
 ters as commission may require. Gen. Laws igoy^ ch. 53, sec. 40. 
 
 SOUTH DAKOTA The annual report of a common carrier shall 
 show in detail the amount of the capital stock issued, the amounts 
 paid therefor, and the manner of the payment of the same; the 
 dividends paid; the surplus fund, if any, and the number of 
 stockholders; the funded and floating debts and the interest paid 
 thereon; the cost and value of the carrier's property, franchises 
 and equipments, and the actual cost per mile in building the road 
 or line; the number of employes, and the salaries paid each class; 
 the amounts expended for improvements each year, how and 
 where expended, and the character of such improvements; the 
 
 774 • 
 
the amount of its authorized capital and its indebtedness and 
 financial condition, on such date or dates as commission may 
 designate. Acts iqo6, ch. 4J3, sec. 8. 
 
 MICHIGAN The annual report of a union station and depot 
 
 company^ shall specify; (i) the amount of capital stock sub- 
 scribed and by whom; (2) the names of the owners of its stock, 
 the amounts owned by them respectively and the residence of 
 each stockholder so far as known; (3) the amount of stock paid 
 in and by whom; (4) the amount of its assets and liabilities; (5) 
 the names and places of residence of its officers; (6) the amount of 
 cash paid to the corporation on account of the original capital 
 stock; (7) the amount of funded debt; (8) the amount of floating 
 debt ; (9) the cost of its real estate, including rights of way for 
 tracks; (10) the cost of depots, buildings and fixtures; (11) the 
 cost of all other property; (12) the length of single main track; 
 (13) the length of double main track; (14) the aggregate length of 
 
 8991 sidings and other tracks not above enumerated; (15) its monthly 
 earnings from all sources respectively during the year; (16) the 
 amount of expense incurred in operating its business and main- 
 taining its property during the year; (17) all other expenses in- 
 curred by it, includiQg the salaries of officers, which shall be re- 
 ported separately; (18) the amount expended for repairs and ex- 
 tension of tracks, including repairs and renewal of bridges and 
 renewal of iron during the year; (19) the amount expended for 
 improvements during the year; (20) the amount expended for 
 depot, station houses, buildings, and fixtures during the year; 
 (21) all other expenses during the year; (22) what arrangements 
 it has with other railroad corporations for use of its depot and 
 : other property, setting forth the contract for the same. Comp. 
 Laws i8g'/, sec. 6jy2. 
 
 Commission may make and propound to such corporations 
 such other or additional interrogatories as in its judgment may 
 
 2992 be necessary, in order to gain f\ill information in regard to the 
 business of said corporations and the management thereof. 
 Same, sec. 6jyj. 
 
 MINNESOTA The annual report of a carrier shall show in 
 
 detail the amount of capital stock issued; the amount and man- 
 ners of payment therefor; the dividends paid; the surplus-ltm^, 
 if any; the number of stockholders; the funded and flirting 
 debts, and the interest paid or due thereon; the cost and value of 
 all the carrier's property, franchises and equipments; the nimi- 
 
 1 See note i, par. 2850. 
 
 771 
 
ber of employes and officers, and the salary or wages paid each 
 class; the amounts expended for improvements, how expended 
 and the character of such improvements; the earnings and re- 
 ceipts from each branch of business and from all other sources; 
 2993 the operating and other expenses; the balance of profit or loss; 
 and a complete exhibit of the financial operations of the year, 
 with an annual balance sheet, the amount of land received as 
 grants from the state and from the United States; the amount of 
 such land sold and the average price per acre; the amount un- 
 sold and its average appraised value per acre; information in re- 
 gard to rates and regulations concerning fares and freights; 
 agreements, arrangements, or contracts with express, telegraph, 
 sleeping and dining car companies, fast freight lines, and other 
 common carriers, with copies of such contracts, agreements or 
 arrangements; and such other matters as commission may re- 
 quire. Rev. Laws 1905, sec. IQ84. 
 
 NEBRASKA The annual report of a common carrier shall 
 
 show: (i) the amoimt of the capital stock subscribed, thenimiber 
 of shares and the par value of the same; (2) the names of the 
 owners of its stock and the amount owned by them respectively; 
 (3) the amoimt paid into the treasury of the common carrier for 
 and on account of the issuance of the stock, the dates of such 
 payments and by whom paid; (4) the amotmt of outstanding 
 bonds of the company, the date and purpose of their issuance, 
 and the rate of interest thereon; (5) the names and places of 
 residence of the officers of the company, with the amount of the 
 annual salary of each; (6) the amount of the floating debt of the 
 company, with the purpose for which the debt was incurred; (7) 
 the value of the roadbed, including iron and bridges, the value of 
 rolling stock, stations, buildings, locomotives and all other 
 property; (8) the length of single track on the main line and the 
 length of double track on the main line; (9) the length of branch 
 lines, stating whether they are double or single track; (10) the 
 aggregate length of side tracks, spurs, switches and terminals on 
 or connected with each main line or branch line; (11) the number 
 of tons of through freight carried during the year preceding the 
 making of the report and the number of tons of local freight car- 
 ried during the same time; (12) the number of tons of freight car- 
 ried on each main line designating in separate items, the local 
 and through freight; (13) the number of tons of freight carried on 
 each branch line, designating in separate items the local and 
 through freight; (14) the monthly earnings for the transportation 
 
 772 
 
roadbed, including iron and bridges; (8) the estimated value 
 of rolling stock ; (9) the estimated value of stations, buildings, 
 and fixtures; (10) the estimated value other property; (11) the 
 length of single main track; (12) the length of double main 
 track; (13) the length of branches stating length of single and 
 of double track; (14) the aggregate length of siding and other 
 tracks not above enumerated; (15) the nimiber of miles run 
 by passenger trains during the year preceding the making of the 
 report; (16) the nimiber of miles run by freight trains during the 
 same period; (17) the number of tons of through freight carried, 
 and the number of tons of local freight during the same period; 
 (18) the monthly earnings for the transportation of passengers 
 during the same time; (19) the monthly earnings for the trans- 
 portation of freight during the same time; (20) the monthly 
 earnings from all other sources respectively; (21) the amount 
 2986 of expenses incurred in running of passenger trains during the 
 same time; (22) the expense incurred in running freight trains, 
 and in running mixed trains during the same time; (23) all other 
 expenses incurred in the management of the road, including the 
 salaries of the officers, which shall be reported separately; (24) 
 the amount expended for repairs of the road and maintenance 
 of way, including repairs and renewals of bridges and renewals 
 of iron; (25) the amount expended for improvements, and 
 whether the same is estimated as a part of the expenses of opera- 
 ting or repairing the road; and if either, which ? (26) the amount 
 expended for motive power and cars; (27) the amoimt expended 
 for station houses, buildings and fixtures; (28) all other expenses 
 for maintenance of way; (29) all other expenses for other purposes; 
 (30) the number of tons of freight carried one mile; (31) the 
 amount received per ton per mile; (32) the average distance each 
 ton was hauled, and the average cost of hauling a ton of freight 
 one mile; (33) what freight and transportation companies run on 
 its road, and on what terms, and whether such transportation 
 companies use the cars of the railroad company, or cars furnished 
 by themselves; (34) whether the freight or cars of such transpor- 
 tation companies are given any preference in speed or order of 
 transportation ; and, if so, in what particular ? Commission may 
 propound any additional interrogatories, which shall be answered 
 by such company in the same manner as those specified in the 
 foregoing section. Wheeler's Stats, iqoq, sec. 54og. 
 
 MARYLAND The annual report of a gas or electric company 
 
 shall show in detail; (i) the amount of its authorized capital 
 
 769 
 
stock and the amount thereof issued and outstanding; (2) the 
 amount of its authorized bonded indebtedness and the amount 
 of its bonds and other forms of evidence of indebtedness issued 
 and outstanding; (3) its receipts and expenditures during the 
 preceding year; (4) the amount paid as dividends upon its stock 
 8987 and as interest upon its bonds; (5) the names and amounts paid 
 as salary to each officer, and the amounts paid as wages to its 
 employes; (6) the location of its plant or plants and system, with 
 a full description of its property and franchises, stating in detail 
 how each franchise stated to be owned was acquired; and (7) such 
 other facts pertaining to the operating and maintenance of the 
 plant and system and the affairs of such person or corporation 
 as may be required by commission. Laws igio, ch. 180, sec. 
 
 The annual report of a telephone or a telegraph company 
 shall show in detail : (a) the amount of its authorized capital 
 stock and the amount thereof issued and outstanding; (b) the 
 amount of its authorized bonded indebtedness and the amount 
 of its bond and other forms of evidence of indebtedness issued 
 and outstanding; (c) its receipts and expenditures during the pre- 
 ceding year; (d) the amount paid as dividends upon its stock and 
 S988 as interest upon its bonds; (e) the name of and the amount paid as 
 salary to each officer, and the amount paid as wages to its em- 
 ployes; (f) the situation of its plant or plants and system, with 
 a full description of its property and franchises, stating in detail 
 how each franchise stated to be owned was acquired; and (g) 
 such other facts pertaining to the operation and maintenance of 
 the plant and system, and the affairs of such person or corpora- 
 tion, as may be required by commission. Same, sec. jp. 
 
 MASSACHUSETTS The annual report of a gas or electric corpo- 
 ration shall contain: the amount of its authorized capital, its 
 indebtedness and financial condition on June 30 preceding, its 
 
 1989 income and expenses during the preceding year, its dividends 
 paid out and declared, a list of the names of all its salaried 
 officers, and the amount of the annual salary paid to each, and 
 the balance sheet of its accounts as of said preceding June 30. 
 Rev. Laws igo2, ch. 121, sec. ji.^ 
 
 The annual report of a company engaged in the business of 
 the transmission of intelligence by electricity shall include a state- 
 ment of its business, receipts and expenditures within the com- 
 
 S990 monwealth during the year, its dividends paid out and declared, 
 
 1 See footnote i, par. 276. 
 
 770 
 
CHAPTER XI 
 
 Franchises 
 
 SCOPE NOTE 
 
 This chapter includes grants of power authorizing 
 commissions to regulate competition between utilities by 
 requiring certificates of convenience and necessity to be 
 issued by commissions as a condition precedent to the 
 acquisition of new franchise privileges or to the exercise 
 of franchise privileges previously granted. It also in- 
 cludes the Wisconsin law on indeterminate franchises. 
 Provisions of general corporation law defining the fran- 
 chise rights of utilities and prescribing the procedure to 
 be followed in their exercise have been excluded. For pro- 
 visions incidentally involving questions of franchise, see 
 ch. xii, on stock and bond issues, and ch. xiii, on inter- 
 corporate relations. For provisions prescribing general 
 procedure to be followed in the exercise of commission 
 authority, see ch. xiv, on commission procedure and 
 practice. For provisions prescribing general rules of 
 enforcement and judicial review, see ch. xv, on enforce- 
 ment. For general statement of scope and method, see 
 introduction. 
 
 ANALYSIS 
 
 A. Certificates of convenience and necessity 800 
 
 1 . New undertakings or extensions of existing undertakings 800 
 
 2. The exercise of franchise privileges previously granted 820 
 
 3. Conditions precedent to the issue of certificates 822 
 
 B. Relations between state commissions and municipalities 823 
 
 C. Indeterminate franchises and right of municipality to purchase 837 
 
 799 
 
A. CERTIFICATES OF CONVENIENCE 
 AND NECESSITY. 
 
 I. New Undertakings or Extensions of Existing Undertakings. 
 
 ARIZONA, CALIFORNIA 
 
 No street railroad corporation, gas, electrical, 
 telephone or water corporation shall henceforth begin the con- 
 struction of a street railroad, or of a line, plant or system or of any 
 8087 extension of such street railroad, or line, plant or system without 
 having first obtained from commission a certificate that the 
 present or future public convenience and necessity require or will 
 require such construction. Ariz. — Sess. Laws igi2, ch. go, sec. 
 5o{a); Col. — Stats, igii, ist. ex. sess., ch. 14, sec. jo{a). 
 
 This section shall not be construed to require any such cor- 
 poration to secure such certificate for an extension within any 
 city and county or city or town within which it shall have there- 
 tofore lawfully commenced operations, or for an extension into 
 
 3088 territory either within or without a city and county or city or 
 town, contiguous to its street railroad, or line, plant or system 
 and not theretofore served by a public utility of like character, 
 or for an extension within or to territory already served by it, 
 necessary in the ordinary course of its business. Same. 
 
 If any public utility in constructing or extending its line, 
 plant or system shall interfere or be about to interfere with the 
 operation of the line, plant or system of any other public utility, 
 
 3089 already constructed, commission, on complaint of the public 
 utility claiming to be injuriously affected, may, after hearing, 
 make such order and prescribe such terms and conditions for the 
 location of the lines, plants or systems affected as to it may seem 
 just and reasonable. Same. 
 
 CONNECTICUT No street railway shall be built or extended 
 
 from one town to another in the highway so as to parallel any 
 other street railway or any railroad imless authorized by special 
 charter prior to January i, 1893, or by the superior court or a 
 judge thereof, after an application and finding in the manner 
 hereinafter provided, that public convenience and necessity re- 
 quire the building of such railway, nor shall any street railway 
 be built or extended under the provisions of any charter or 
 amendment of a charter granted after the close of the session of 
 the general assembly in 1897, so as to parallel any other street 
 
 800 
 
sary, which report shall be published as the reports of the heads 
 of departments. Sayles^ Civ. Stats. iSgy, art. 4^^1(2). 
 See also pars. 68 j, 686, 2210. 
 
 VERMONT Commission shall biennially report to the 
 
 general assembly, giving its proceedings tmder this chapter, and 
 include therein such statements, facts and explanations as will 
 disclose the actual working of the system of railroad transporta- 
 tion in its bearing upon the business and prosperity of the state, 
 and such suggestions in respect thereto, or to the condition, 
 affairs or conduct of any of such railroads, or the general railroad 
 
 3079 policy of the state, or the amendment of its laws, or any new 
 legislation, as it deems appropriate, also statements showing the 
 receipts and expenditures of each railroad in this state for the 
 two preceding years, from what source such receipts were de- 
 rived, and for what such expenditiires were made, also the con- 
 dition of each road and its equipment, and such other matters 
 as commission deems appropriate and important for the in- 
 formation of the general assembly. Puh. Stats. igo6, sec. 4614. 
 
 The report required to be made by commission under section 
 4614 of the public statutes relating to railroads, shall include the 
 
 3080 report of commission under this act, to be of the same general 
 scope and character as required in case of railroads. Laws igo8, 
 no. 116, sec. 75. 
 
 See also pars. 2215, 3021. 
 
 VIRGINIA Commission shall make annual reports to the 
 
 governor of its proceedings, in which reports it shall recommend, 
 from time to time, such new or additional legislation in reference 
 
 3081 to its powers or duties, or the creation, supervision, regulation 
 or control of corporations, or to the subject of taxation, as it may 
 deem wise or expedient, or as may be required by law. Const., 
 sec. i56{i). 
 
 Commission shall, annually, on January i, publish a com- 
 pilation of the statute laws governing common carriers together 
 with a compilation of the rules and regulations prescribed for 
 their government by commission, and shall furnish a sufficient 
 number of copies to each railroad company or transportation 
 company, or persons operating the same, to enable such com- 
 
 3082 pany or person operating the same to post and keep posted 
 conspicuously in every passenger and freight depot of the com- 
 pany a copy of such laws, rules and regulations; and every such 
 company, or person operating the same, is hereby required to 
 
 797 
 
see that such copies, when furnished by commission, are posted 
 and kept posted in the manner prescribed. Pollard^ s Code igo4, 
 sec. I3i3a{4i).^ 
 
 WASHINGTON Commission shall make and submit to the 
 
 governor an annual report containing full and complete accounts 
 of the transactions and proceedings of its office, together with 
 
 3083 the information gathered by commission as herein required, and 
 such other facts, suggestions and recommendations as may be by 
 it deemed necessary, which report shall be published as the re- 
 ports of the heads of departments. Laws igii, ch. iij, sec. 6. 
 
 WISCONSIN Commission shall publish annual reports show- 
 
 ing its proceedings and showing in tabular form the details per 
 
 3084 unit as provided in section lygym-iS for all the public utilities 
 of each kind in the state, and such monthly or occasional report, 
 as it may deem advisable. Laws igoy, ch. 4gg, sec. lygym—igii). 
 
 Commission shall also publish in its annual reports the value 
 of all the property actually used and useful for the convenience 
 of the public and the value of the physical property actually 
 
 3080 used and useful for the convenience of the public, of every public 
 utility as to whose rates, charges, service or regtilations and 
 hearing has been held by commission under section i797m-45 
 and 1797m— 46 or the value of whose property has been ascer- 
 tained by it under section i797m-5. Same, sec. i'/gym—ig{2). 
 
 Commission is hereby authorized to print and publish for 
 distribution in * * * volumes of convenient size, bound in buck- 
 ram, or other substantial material, its opinions and decisions, 
 which shall be suitably indexed, for convenient reference to the 
 subjects treated therein. Not to exceed 2,500 copies of any vol- 
 imie shall be so published. Commission is likewise authorized to 
 
 3086 print for distribution in pamphlet form a suitable number of its 
 opinions and decisions as the same are from time to time an- 
 nounced. Commission shall, on or before the first Monday in 
 December, in each year, make a report to the governor for the 
 preceding year, containing such information, suggestions, or 
 recommendations as it may deem proper. Laws igoy, ch. 582, 
 sec. 1797-3711, as amended by Laws igii, ch. 22g. 
 See also pars. 708, 4254. 
 
 'Commission shall, on or before December i in each year, tabulate and publish in 
 statistical form such reports made to it in pursuance of the constitution and laws of this 
 state, as required by subsection (a) of section 156 of the constitution proper, and shall, 
 on the same date in each year, make report to the governor as reauired oy subsection one 
 of said section, to be by him laid before the general assembly at each regular session thereof. 
 Pollard's Code 1904, sec. ijijaijx). 
 
 798 
 
ment of its laws, or the condition, affairs, or conduct of any 
 common carriers, as may seem to them appropriate; (4) drafts 
 of all bills suggested or recommended by them, and the reasons 
 therefor; (5) such tables and abstracts of all reports of all the 
 common carriers as it may deem expedient; (6) a statement in 
 detail of the traveling expenses and disbursements of commission, 
 its clerks, marshal, and experts. Laws igoy, no. 2^0, sec. 21. 
 See also pars. 66^, 7<5j, 2665. 
 
 RHODE ISLAND Commission shall make an annual report to 
 the governor for transmittal to the general assembly on or before 
 
 3073 January 15, in each year, which shall contain copies of all orders 
 passed and issued by it, and any information in the possession of 
 commission which it shall deem of value to the general assembly 
 and the people of the state. Acts 1Q12, ch. ygj, sec. g. 
 
 SOUTH CAROLINA Commission shall make an annual report to the 
 legislature of its official acts, including such statements, facts 
 and explanations as will disclose the actual working of the sys- 
 tem of railroad transportation in its bearing upon the business 
 and prosperity of the state; and suggestions as to the general 
 railroad policy of the state, or as to any part thereof, or as to the 
 
 3074 condition, affairs or conduct of any of the railroad corporations 
 as may seem to it appropriate, with a special report of all acci- 
 dents, and the causes thereof for the preceding year. And it 
 shall also recommend such legislation as in its judgment may be 
 necessary to seciu'e just and reasonable rates for the transporta- 
 tion of passengers and freights and for the prevention of imjust 
 discrimination. Gen. Stats. igo2, sec. 2074. 
 
 See also pars. 400, 24J8, 2giy. 
 
 SOUTH DAKOTA Commission shall on or before November 15, 
 in each year make a report to the governor of its doings for the 
 preceding year containing such facts, statements and explana- 
 tions as will disclose the workings of the system of railroad trans- 
 portation in this state and its relation to the general business and 
 prosperity of the citizens of this state, and such suggestions and 
 recommendations in respect thereto as may to it seem appro- 
 priate. Such report shall also contain as to every railroad com- 
 pany doing business in this state: (i) the amoimt of its capital 
 stock; (2) the amoimt of its preferred, if any, and the amoimt of 
 its preferment; (3) the amotmt of its funded debt and the rate of 
 interest; (4) the amount of its floating debt; (5) the cash and 
 present value of its road and equipment in this state, including 
 
 795 
 
permanent way, buildings and rolling stock, all real estate used 
 exclusively in operating the road, and fixtures and conveniences 
 
 3076 for transacting its business; (6) the estimated cash value of all 
 property owned by such railroad company in this state, with a 
 schedule of the same, not including lands granted in aid of its 
 construction; (7) the number of acres situated in this state 
 originally granted in aid of the construction of its said road by 
 the United States or by this state; (8) the ntmiber of acres of said 
 land remaining unsold; (9) a list of the officers and directors, with 
 their respective places of residence; (10) such statistics of the road 
 and of the transportation and business for the year within this 
 state as may in the judgment of commission be necessary and 
 proper for the information of the legislature, or as may be re- 
 quired by the governor. Such reports shall exhibit and refer to 
 the condition of the railroad company on July i, of such year, 
 and the details of its transportation business transacted during 
 the year ending June 30; (11) the average amount of tonnage 
 that can be carried over each road within the state with one en- 
 gine of given power. Rev. Pol. Code 1903, sec. igj. 
 
 The report of commission shall contain consolidated state- 
 ment of the conditions of the railroads operating in this state, 
 but shall not print the reports of the several roads at large, nor 
 
 3076 shall a list of free tickets and passes, issued by the several roads 
 to the citizens of this state, which are required to be filed in the 
 office of commission, be published. Sess. Laws igog, ch. 2go, 
 sec. 7. 
 
 See also pars. 22^0, 24^9. 
 
 TENNESSEE Commission shall, annually, on January 6 
 
 make a report to the governor of all matters relating to its office 
 for the preceding year, and such as will disclose the practical 
 
 8077 workings of the railroads in this state, and such suggestions in 
 relation thereto as it may deem necessary and proper, together 
 with the minutes of all its meetings and shall have printed and 
 lay before each legislature 500 copies of its reports for the two 
 preceding years. Acts iSgy, ch. 10, sec. 31. 
 
 TEXAS Commission shall make and submit to the 
 
 governor annual reports containing a full and complete account 
 of the transactions of its office, together with the information 
 
 8078 gathered by commission as herein required, and such other facts, 
 suggestions, and recommendations as may be by it deemed neces- 
 
 796 
 
conveniences for transacting its business; (i8) the estimated 
 value of all other property owned by such corporation with a 
 schedule of the same, not including lands granted in aid of its 
 construction; (19) the nimiber of acres originally granted in aid 
 of construction of its road by the United States or by this state, 
 the ntimber of acres of such land remaining unsold; (20) a classi- 
 fied list of its officers and directors, with their respective places 
 of residence and the salaries paid to each class; (21) the number 
 of its employes, classified, and the salaries paid each class; (22) 
 the average amoimt of tonnage that can be carried over each 
 road in the state with an engine of given power. Such additional 
 statistics of the road and of its transportation business for the 
 year as may, in the judgment of commission be necessary and 
 proper for the information of the legislative assembly, or as may 
 be required by the governor. Such reports shall exhibit and 
 refer to the condition of such corporation and the details of its 
 transportation business transacted during the year ending June 
 30. Rev. Codes igoj, sec. 4363. 
 
 Commission shall report in writing its findings to the gov- 
 
 3066 emor within ten days after the close of each session. Laws igog, 
 ch. ig^, sec. 4. 
 
 See also pars, jgj, gg6, ggj, 2sg6, 2658. ^ 
 
 OHIO On or before January i, of each year, com- 
 
 mission shall make to the governor a report of the affairs and 
 conditions of the railroads and telegraph companies having lines 
 
 3067 in the state, and also of accidents on railroads resulting in 
 injuries to persons and the circimistances and causes thereof. 
 Commission shall include in its report such other information 
 and such suggestions and recommendations as in its opinion 
 are of importance to the state. Code igio, sec. 614. 
 
 Commission shall annually as early as December 15, make 
 and deliver to the governor, a full report of the operation and 
 execution of all laws which it is herein required to administer, 
 
 3068 for the year ending November 15, twenty-five hundred copies of 
 which shall be printed in book form for the use of the general 
 assembly and the public. In addition thereto, it shall make 
 such recommendations to the general assembly as it may from 
 time to time deem proper. Laws igii, no. 32 j, sec. 84. 
 
 OKLAHOMA Commission shall make annual reports to the 
 
 governor of its proceedings, in which reports it shall recommend 
 from time to time, such new or additional legislation in reference 
 
 3069 to its powers or duties, or the creation, supervision, regulation 
 
 793 
 
or control of corporations, or to the subject of taxation, as it may 
 deem wise or expedient or as may be required by law. Const., 
 art. ix, sec. 25. 
 
 See also par. 66$. 
 
 OREGON Commission shall report to the governor an- 
 
 nually on or before December 15, and at any other times re- 
 quired by him, its doings for the preceding year, with such facts, 
 statements and explanations as will show the actual workings of 
 the system of railroad transportation of the state, its bearings 
 on the business and prosperity of the people, and such sugges- 
 
 8070 tions relative thereto as it shall deem proper. It shall also 
 recommend to the governor any amendment of the railroad laws 
 which it shall deem advisable, and, when directed by the gover- 
 nor, shall investigate any matter subject to its supervision and 
 report thereon. All such reports shall be transmitted to the 
 legislative assembly by the governor as soon as practicable. 
 Gen. Laws igoj, ch. 55, sec. 46. 
 
 The annual report of commission to the governor shall 
 show its proceedings under this act, and shall also show the details 
 per imit as provided in section 19 hereof for all the public utilities 
 of each kind in this state, together with such other facts and 
 suggestions relative thereto as commission shall deem advisable. 
 
 8071 Commission shall also publish in its annual reports the value of 
 all property actually used and useful for the convenience of the 
 public, of every public utility as to whose rates, charges, service 
 or regulations any hearing has been held by commission, or the 
 value of whose property has been ascertained by it as provided 
 in this act. Gen. Laws igii, ch. zyg, sec. 20. 
 
 See also pars. 4gi, 66g. 
 
 PENNSYLVANIA Commission shall make an annual report,^ on 
 or before the second Monday of January in each year, to the 
 governor, and a duplicate thereof shall be filed with the secretary 
 of internal affairs, which shall contain; (i) a record of its meetings, 
 and an abstract of its proceedings during the preceding year; (2) 
 the result of any examination or investigation made by it; (3) 
 such statements, facts, and explanations as will disclose the 
 actual workings and operations of common carriers in their 
 
 8072 relations to the business and prosperity of the state; and such 
 suggestions as to the general policy of the state, or he amend- 
 
 • Two thousand five hundred copies of the report with report of the common carriers 
 of the state, shall be printed as a public document of the state, bound in cloth, for the use of 
 commission and to be distributed by it, in its discretion, to the officers of the common carriers 
 and other persons interested therein. Laws 1907, no. 230, sec. 21. 
 
 794 
 
road in the state with an engine of given power. Said report to 
 exhibit and refer to the conditions of said railway companies on 
 July I, of each year, and the details of its transportation business 
 transacted during the year ending June 30. Cobbey's Annot. 
 Stats. iQOQ, sec. io6jo{o). 
 See also pars. 652, 654. 
 
 NEVADA The regular reports of commission shall be 
 
 made to the governor annually as soon after December 31 in 
 
 3059 each year as may be feasible in order to bring the report down to 
 that date. Stats, igoy, ch. 44, sec. j2, as amended by Stats, iqoq, 
 ch. 121, sec. 10. 
 
 Public service commission shall make and publish annual 
 reports for each calendar year showing its proceedings, which 
 
 3060 reports shall, as nearly as may be, conform in a general way to 
 those of the railroad commission of this state, and be made at 
 the same time. Laws igii, ch. 162, sec. g. 
 
 NEW HAMPSHIRE Commission shall file with the secretary of 
 state on or before December i , its biennial report to the legisla- 
 ture, which shall contain an account of its doings dining the years, 
 a statement of the expenses incurred by it, such statistical and 
 
 3061 other information with regard to railroads and public utilities in 
 the state as commission may deem of public interest and such 
 suggestions and recommendations as to needed legislation, or 
 other matter, affecting railroad corporations and public utilities 
 as commission may think will promote the public good. Laws 
 igii, ch. 164, sec. 20. 
 
 See also par. 24^2. 
 
 NEW JERSEY Commission shall report annually, on or be- 
 
 3062 fore January i, to the governor,^ making such recommendations as 
 it may deem proper, which report shall be laid before the next 
 succeeding legislature. Laws igii, ch. igj, sec. 14. 
 
 NEW YORK Each commission shall make an annual re- 
 
 port to the legislature on or before the second Monday of Jan- 
 uary in each year, which shall contain copies of all orders issued 
 by it, and any information in the possession of commission which 
 it shall deem of value to the legislature and the people of the 
 
 1 Commission shall furnish its secretary such of its findings and decisions as, in its judg- 
 ment, may be of general public interest; the secretary shall compile the same for the purpose 
 of publication in a series of volumes to be designated " Reports of the board of public utility 
 commissioners of the state of New Jersey, '' which shall be published in such form and man- 
 ner as may be best adapted for public information and use, and such authorized publica- 
 tions shall be competent evidence of the reports and decisions of commission therein contained 
 without any further jjroof or authentication thereof. The contents of said reports shall not 
 be under the supervision or control of the official state editor. Laws iQiii ch. lOSf sec. 7. 
 
 791 
 
3063 state. Five hxindred copies of each report, together with ab- 
 stracts of the reports to such commission of corporations and 
 persons subject to its supervision, in addition to the regular 
 number prescribed by law, shall be printed as a public document 
 of the state, bound in cloth for the use of commission and to be 
 distributed by it in its discretion to corporations and persons 
 interested therein. Laws igio, ch. 480, sec. i6{i). 
 
 NORTH CAROLINA Commission shall make to the governor an- 
 nual reports of its transactions, and recommend from time to 
 
 3064 time such legislation as it may deem advisable under the pro- 
 visions of this chapter, and the governor shall have 1,000 copies 
 of such report printed for distribution. PeWs Revisal igo8, 
 sec. my. 
 
 NORTH DAKOTA Commission shall, on or before the first 
 Monday in December in each year, make a report to the governor 
 of its doings for the preceding year, containing such facts, state- 
 ments and explanations as will disclose the workings of he system 
 of railroad transportation in this state, and its relation to the 
 general business and prosperity of the citizens of the state, and 
 such suggestions and recommendations in respect thereto as 
 may to it seem appropriate. Said report shall also contain, as 
 to every railroad, railroad corporation or common carrier doing 
 business in this state: (i) the total number of miles of main line 
 and branches owned or operated; (2) the total number of miles of 
 main line and branches owned or operated in each county within 
 this state; (3) the total mileage of side tracks within each county 
 or taxing district in this state; (4) the amount of its capital stock 
 issued; (5) the amount paid therefor; (6) the manner of the pay- 
 ment of the same; (7) the dividends paid; (8) the surplus fimd, 
 if any; (9) the number of stockholders; (10) the amoimt of its 
 preferred stock, if any, and the condition of its preferment; 
 (11) the amotmt of its funded debt and the rate of interest paid 
 thereon; (12) the amount of its floating debt and the interest 
 paid thereon; (13) the amount expended for improvements each 
 year, and how and where expended, and the character of the im- 
 
 3066 provements made ; (14) the earnings and receipts from each branch 
 of its business and from all sources; (15) the operating and other 
 expenses ; (16) the balances of profits and losses ; (i 7) the cost and 
 actual present cash value of its franchises, road and equipment, 
 including permanent way, buildings and rolling stock, all real 
 estate used exclusively in operating the road, and all fixtures and 
 
 792 
 
MINNESOTA Commission shall report to the governor an- 
 
 nually on or before December i, and at other times if required 
 by him, its doings for the preceding year, with such facts, state- 
 ments, and explanations as will show the actual working of the 
 system of railroad transportation of the state, in its bearings 
 on the business and prosperity of the people, and such sugges- 
 
 3062 tions relative thereto as it shall deem proper. It shall also 
 biennially recommend to the governor any amendment of the 
 railroad and warehouse laws which it shall deem desirable, and 
 when directed by the governor, shall investigate any matter 
 subject to its supervision, and report thereon. All such reports 
 shall be transmitted by the governor to the legislature as soon as 
 practicable. Rev. Laws 1905, sec. 1985. 
 See also par. 2645. 
 
 MISSISSIPPI Commission shall make a report every two 
 
 years to the legislature of all its acts and doings for the two pre- 
 ceding years, ending on the prior September 30. The reports 
 
 3053 shall give all necessary and proper information concerning the 
 operations of the railroads of the state and its transportation 
 facilities, and embrace such suggestions as commission deems 
 proper. Laws 1908, ch. 84, sec. i. . 
 See also pars. p5, 2591, 2648. 
 
 MISSOURI Commission shall, on or before December 31 
 
 of each year, transmit to the governor of this state a report ^ of its 
 official acts for the year ending on June 30 as aforesaid, and the 
 said report shall contain a condensation of statistics tabulated 
 
 3064 from the returns of the several railroad companies, together with 
 all such information and recommendations concerning the regu- 
 lation of the railroads of this state as commission may deem to be 
 of public interest and importance. Rev. Stats. 1909, sec. 3089. 
 
 Commission shall in its annual report to the governor in- 
 clude a condensation of statistics, tabulated from the returns of 
 the several express companies, together with all such informa- 
 
 3066 tion and recommendations concerning the regulations of the 
 express companies doing business in this state as commission 
 may deem to be of public interest and importance. Same, sec. 
 
 3294- 
 
 Commission shall, on or before January i, of each year, 
 
 1 The annual reports of commission made to the governor, as is now or as may hereafter 
 be provided by law, shall be printed at the expense of the state in the manner provided by law 
 for the printing of other public docimients. Three thousand copies are hereby authorized 
 to be printed and bound annually under the direction of commission, and to be by it prop- 
 erly distributed throughout the state. Rev. Stats, iqoq, sec. 3257. 
 
make a report to the governor of its doings for the preceding 
 3086 year, to contain such facts as will disclose the actual working of 
 the system of the warehouse business of this state as contem- 
 plated by this article, and such suggestions thereto as to it 
 may appear pertinent. Same, sec. 6Siy. 
 
 MONTANA Commission shall make and submit to the 
 
 governor annual reports containing a full and complete account 
 of the transaction of its office, together with such facts, sug- 
 gestions and recommendations as may be by it deemed neces- 
 
 3057 sary, which report shall be published as the reports of other 
 departments of the state. The said report shall contain a state- 
 ment as to the number of accidents investigated by commission 
 as herein provided, and the number of persons killed or injured 
 in them and generally the cause of such accidents. Rev. Codes, 
 iQoy, sec. 4396. 
 
 NEBRASKA Commission shall annually, on or before the 
 
 first Monday in December, make a report to the governor of its 
 doings for the preceding year, containing such facts, statements 
 and explanations as will disclose the workings of railroad sys- 
 tems of this state, and their relations to the general business and 
 prosperity of the citizens thereof, with such suggestions and 
 recommendations in respect thereto, as may to commission seem 
 appropriate. Said report shall also contain, as to every rail- 
 road corporation doing business in this state; (i) the amount of 
 its capital; (2) the amount of its preferred and common stock, if 
 any, and the condition of each; (3) the amoimt of its fimded debt 
 and the rate of interest; (4)the amount of its floating debt; (5) 
 the cost and actual present cash value of its road equipment, in- 
 cluding permanent way, buildings and rolling stock, and all real 
 estate used exclusively in operating the road, and fixtiu-es and 
 conveniences for transacting its business; (6) the estimated value 
 
 8068 of all other property owned by it, with schedule of the same, not 
 including lands granted in aid of its construction; (7) the number 
 of acres originally granted by the United States or this state in 
 aid of the construction of said road; (8) the number of acres of 
 such land remaining unsold; (9) a list of its officers and directors 
 with their respective places of residence; (10) such statistics of 
 the road and of its transportation business for the year as may, in 
 the judgment of commission, be necessary and proper for the in- 
 formation of the legislature or as maybe required by the governor; 
 (11) the average amoimt of tonnage that can be carried over each 
 
 .790 
 
degrees of curves on its road in Kansas; (14) such additional 
 statistics of the road of its business in Kansas for the year as may 
 in the judgment of commission be necessary and proper for the 
 information of the legislature, or as may be required by the 
 governor or the legislature. Gen. Stats, igog, sec. 72iy. 
 See also pars. 627, gij. 
 
 KENTUCKY Commission shall annually, on December i, 
 
 make a report to the governor of all matters relating to its office 
 for the preceding year, and such as will disclose the practical 
 
 3044 workings of the railroads in this state, and such suggestions in 
 relation thereto as it may deem necessary and proper, and shall 
 have printed and lay before each legislature within the first ten 
 days of its session 500 copies of its reports for the preceding two 
 years. Carroll's Stats, igog, sec. 834. 
 
 See also pars, igo^, 2444. 
 
 MAINE See pars. 2445, 2^77, 2578, 2634. 
 
 MARYLAND ' Commission shall make an annual report to the 
 
 governor and to the general assembly on or before the second 
 
 3045 Monday of January in each year, which shall contain copies of 
 all orders passed and issued by it, and any information in the 
 possession of commission which it shall deem of value to the 
 legislature and the people of the state. Laws igio, ch. 180, sec. 8. 
 
 See also par. 630. 
 
 MASSACHUSETTS Commission shall annually, on or before the 
 first Wednesday in January, transmit to the secretary of the 
 commonwealth a report to the general court of its doings, with 
 such suggestions as to the condition of affairs or conduct of 
 
 S046 corporations and companies which are engaged in the manu- 
 facture and sale of gas or electricity for light or heat as may be 
 appropriate, with such abstracts of the returns required by 
 section 31 as it considers expedient and an abstract of the ac- 
 cidents reported to it imder the provisions of section 39. Rev. 
 Laws, igo2, ch. 121, sec. 7.^ 
 
 Highway commission, shall annually, on or before the first 
 Wednesday in January, transmit to the secretary of the com- 
 monwealth a report to the general court of all proceedings imder 
 
 3047 the provisions of this act during the period covered by the report, 
 together with such suggestions as to the condition or conduct of 
 companies engaged in the transnaission of intelligence by elec- 
 
 1 See footnote i, par. 276. 
 
 787 
 
tricity as commission may deem expedient. Acts igo6, ch. 433 
 sec. 4. 
 
 Commission shall make an annual report, which shall be 
 transmitted to the secretary of the commonwealth, on or before 
 the first Wednesday in January, and be laid before the general 
 court. The report shall include such statements, facts and 
 explanations as will disclose the actual working of the system 
 of railroad and railway transportation in its bearing upon the 
 
 3048 business and prosperity of the commonwealth, such suggestions 
 as to its general railroad and railway policy, or any part thereof, 
 or the condition, affairs or conduct of any railroad corporation 
 or street railway company, as may seem to it appropriate, such 
 tables and abstracts of all the returns required to be made by a 
 corporation or company, as it considers expedient, and a report 
 of any proceedings taken imder the provisions of section nine. 
 Acts igo6, ch. 463, pt. i, sec. 5. 
 
 Railroad commission shall on or before January 15, of each 
 year transmit to the bank commissioner a list of all street railway 
 
 3049 companies which appear from the returns made by said companies 
 to have properly paid, without impairment of assets or capital 
 stock, the dividends required by the preceding section. Acts 
 igo6, ch. 463, pt. Hi, sec. 148. 
 
 Railroad commission shall prepare tables and abstracts of 
 the returns of the several companies, and transmit said returns 
 
 3050 and tables and abstracts to the secretary of the commonwealth 
 at the time and in the manner provided in section five, of part 1. 
 for the transmission of the returns of railroad corporations. 
 Same, sec. 1^3. 
 
 See also pars. 75^, y6i, 2^04, 3442. 
 
 MICHIGAN Commission shall, on January i, of each year, 
 
 render to the governor a full and complete report of all such find- 
 ings, decisions, determinations and investigations, together with 
 a statement of all moneys expended by it or on its order, and of 
 all salaries paid by or to it. It shall include in such report such 
 
 3061 recommendations as it shall desire to make on the conduct of 
 railroad business in the state of Michigan, and such portion or 
 abridgment of the reports of the various railroad corporations 
 made to it as it shall deem to be of interest to the general public. 
 Not more than 1,500 copies of this report shall be published, 
 except by special authority of the board of state auditors. Puh» 
 Acts iQOQy no. joo, sec. 48, 
 See also pars. 48Q, 4220. 
 
 788 
 
common carriers and warehouses, and report to him in writing its 
 opinion thereon with its reasons therefor. Revisal igog, ch. 114, 
 sec. iy6. 
 
 INDIANA Commission shall make an annual report to 
 
 the governor which shall be transmitted to him on or before the 
 first Wednesday in January. The report shall include such state- 
 ments, facts and explanations as will disclose the actual working 
 of the system of railroad transportation in its bearing upon the 
 business and prosperity of the state; such suggestions as to its 
 general railroad policy or any part thereof or the condition, 
 affairs or conduct of any railroad corporation as may seem to it 
 
 3041 appropriate, and such tables and abstracts of all the returns re- 
 quired to be made by railroad corporations as it considers ex- 
 pedient. Such report shall also include a complete accoimt of the 
 transactions and proceedings of commission, together with a full 
 detailed statement of its receipts and expenditures, and shall be 
 published as the reports of other state officers and boards. 
 Commission shall also publish, with annotations, for the in- 
 formation of the public the laws of this state concerning the car- 
 riers subject to this act. Acts igo'j, ch. 241, sec. io{b). 
 
 IOWA Commission shall annually on or before the 
 
 first Monday in December make a report to the governor of its 
 doings for the preceding year, containing such facts, statements 
 and explanations as will disclose the working of such systems of 
 railroad transportation in the state, and their relation to the 
 general business and prosperity of the citizens thereof, with such 
 suggestions and recommendations in respect thereto as may to 
 commission seem appropriate. Said report shall also contain, 
 as to every railroad corporation: (i) amount of its capital; (2) 
 amount of its preferred stock, if any, and the condition of its 
 preferment; (3) amount of its funded debt and the rate of inter- 
 est; (4) amount of its floating debt; (5) cost and actual present 
 cash value of its road equipment, including permanent way, 
 buildings and rolling stock, all real estate used exclusively in 
 operating the road, and all fixtures and conveniences for trans- 
 
 3042 acting its business; (6) estimated value of all other property 
 owned by it, with a schedule of the same, not including lands 
 granted in aid of its construction; (7) number of acres originally 
 granted it by the United States or this state in aid of the con- 
 struction of its roads; (8) nimiber or acres of such land remaining 
 
 785 
 
unsold; (9) list of its officers and directors, with their respective 
 places of residence; (10) such statistics of the road and of its 
 transportation business for the year as may, in the judgment of 
 commission, be necessary and proper for the information of the 
 general assembly or as may be required by the governor; (11) 
 average amount of tonnage that can be carried over each road 
 in the state with an engine of given power. Which report shall 
 exhibit and refer to the condition of such corporation on the first 
 day of July of each year, and the details of its transportation 
 business transacted during the year ending June 30. Code iSgy, 
 sec. 2114. 
 
 See also pars. 757, 2442, 2630. 
 
 KANSAS Commission shall, on or before the first Mon- 
 
 day in December in each even numbered year, make a report to 
 the governor of its acts and proceedings for the preceding years, 
 containing such facts, statements and explanations as will dis- 
 close the working of the system of railroad transportation in this 
 state, and its relations to the general business and prosperity of 
 the citizens of the state, and such recommendations in respect 
 thereto as may seem appropriate. Said report shall also contain, 
 as to every railway corporation: (i) amount of its capital stock 
 and the amoimtpaid on the same; (2) amount of its preferred 
 stock, if any, and the condition of its preferment ; (3) amount of 
 its funded debt and the rate of interest; (4) amount of its floating 
 debt; (5) amount of gross income from the operation of its road 
 in Kansas, with the specific items and sources of such income, 
 as far as practicable; (6) items of gross expense incurred in the 
 operation of its road in Kansas; (7) the net income from the 
 operation of its road in Kansas; (8) number of miles of road, 
 
 3043 single and double track being stated separately ; also the number of 
 miles of side tracks and switches, with the location of the same, 
 owned and operated by it in Kansas ; (9) actual cost and also the 
 actual present cash value of its road and equipment, including 
 permanent way, buildings, and rolling stock, all real estate used 
 exclusively in operating the road, and all fixtures and conveniences 
 for transacting its business in the state of Kansas; (10) estimated 
 value of all other property owned or held by such corporation in 
 Kansas, with a schedule of the same, including the lands granted 
 in aid of its construction; (ii) list of all its officers and directors, 
 with their respective places of residence; (12) average amount of 
 tonnage that can be carried over each road in the state with an 
 engine of given power; (13) maximum grade and number and 
 
 786 
 
railway in any town, or any railroad in any town except within 
 the limits of a city, until the company desiring to build or ex- 
 tend its railway shall have applied to the superior court or 
 judge thereof, and obtained, in the manner hereinafter provided, 
 a finding that public convenience and necessity require the con- 
 3090 struction of such railway. Any company intending to build or 
 extend such railway shall make an application to the .superior 
 court or a judge thereof for a finding that public convenience 
 and necessity require the construction of such railway; and such 
 court or judge shall thereupon fix a time and place to hear such 
 application, and shall cause notice to be served, at least twelve 
 days before the day of hearing, upon any railroad company or 
 companies and any street railway company or companies that may 
 be affected by the construction of such road, and upon the se- 
 lectmen of any town, the mayor of any city, or the warden and 
 burgesses of any borough within whose limits it is proposed to 
 build such railway. Such court or judge shall hear the parties 
 and determine whether public convenience and necessity re- 
 quire the construction of such railway, in whole or in part, and 
 the decision of such court or judge shall be final and conclusive 
 upon the parties. Gen. Stats. igo2, sec. 3846. 
 
 KANSAS No common carrier or public utility shall 
 
 transact business in the state until it shall have obtained a cer- 
 tificate from commission that public convenience will be promoted 
 by the transaction of said business and permitting said applicants 
 
 3091 to transact the business of a common carrier or public utility. 
 This section shall not apply to any common carrier or public 
 utility governed by the provisions of this act now transacting 
 business in this state. Laws igii, ch. 2j8, sec. 31. 
 
 MAINE Said directors (of a proposed railroad) shall 
 
 present to the railroad commission a petition for approval of 
 said articles of association, accompanied with a map of the pro- 
 posed route on an appropriate scale. The railroad commission 
 shall, on presentation of such petition, appoint a day for a hear- 
 ing thereon, and the petitioners shall give such notice thereof as 
 
 3092 said commission deems reasonable and proper, in order that all 
 persons interested may have an opportunity to appear and be 
 heard thereon. If the railroad commission, after notice and 
 hearing the parties, finds that all the provisions of sections one 
 and two have been complied with, and that public convenience 
 requires the construction of such railroad, said commission shall 
 
 801 
 
indorse upon said articles a certificate of such facts and the 
 approval of the board in writing. Rev. Stats, igoj, ch. 51, sec. j. 
 Every (railroad) corporation organized under the foregoing 
 provisions, before commencing the construction of its road, 
 shall present to the railroad commission a petition for approval 
 of location, defining its courses, distances and boundaries accom- 
 panied with the map first presented, and with a profile of the 
 line on the relative scales of profile paper in common use, and 
 with a report and estimate prepared by a skilful engineer from 
 8093 actual survey. The railroad commission shall, on presentation 
 of such petition, appoint a day for a hearing thereon, and the 
 petitioners shall give such notice thereof as said commission 
 deems reasonable and proper, in order that all persons interested 
 may have an opportunity to appear and object thereto. If the 
 railroad commission, after hearing the petition, approves the 
 proposed location, the corporation may proceed with the con- 
 struction thereof Same, sec. 6. 
 
 Every (street railway) corporation organized under the 
 foregoing provisions before commencing the construction of its 
 road, shall present to the railroad commission a petition for 
 approval of location defining its courses, distances and bound- 
 aries, accompanied with a map of the proposed route on an 
 appropriate scale with the written approval of the proposed 
 route and location as to streets, roads or ways of the municipal 
 officers of the cities and towns in which such railroad is to be 
 constructed in whole or in part, and with a report and estimate 
 prepared by a skilful engineer. * * * Said commission shall 
 upon presentation of such petition appoint a day for a hearing 
 thereon and the petitioner shall give such notice thereof as said 
 commission deem reasonable and proper, in order that all per- 
 sons interested may have an opportunity to appear and object 
 thereto. At such hearing any person interested may appear in 
 3094 person or by counsel. The railroad commission, after hearing 
 the petition, shall, if they approve such location, subject to the 
 provisions of section 12, then determine whether a public con- 
 venience requires the construction of such road and make a 
 certificate of such determination in writing which certificate 
 shall be filled with their clerk within 30 days after such hear- 
 ing. * * * If the commission approve such location and find 
 that public convenience requires the construction of such road, 
 the corporation may proceed with the construction of such 
 road, provided that it first files with the clerk of county com- 
 
 802 
 
missioners for the county in which said street raikoad is to be 
 located, a copy of the location and plan aforesaid and another 
 copy of the same with the commission. Any extension of or 
 addition to or variation from the location of any street rail- 
 road organized under the provisions hereof, may be made in 
 accordance with and subject to the foregoing provisions. . . . 
 Rev. Siats. 1903, ch. jj, sec. 7. 
 
 MARYLAND No common carrier, railroad or street railroad 
 
 corporation, shall begin the construction of a railroad or street 
 railroad or any extension thereof, or exercise any franchise or 
 right under any provision of the railroad law, or of any other 
 
 3095 law, not heretofore lawfully exercised without having first ob- 
 tained the permission and approval of commission. Commis- 
 sion shall have power to grant the permission and approval when- 
 ever it shall, after due hearing, determine that such construction 
 or such exercise of a franchise or privilege is necessary or con- 
 venient for the public service. Laws igio, ch. 180, sec. 26. 
 
 No gas or electrical corporation shall begin construction or 
 exercise any right or privilege imder any franchise hereafter 
 granted without first having obtained the permission and ap- 
 proval of commission. No mimicipality except the mayor and 
 
 3096 city coimcil of Baltimore shall build, maintain and operate for 
 other than municipal purposes any works or systems for the 
 manufacture and supplying of gas or electricity for lighting pur- 
 poses without a certificate of authority granted by the com- 
 mission. Same^ sec. jj, 
 
 MASSACHUSETTS In a city or town in which a gas company ex- 
 ists in active operation, or in which a person owns or operates 
 works for the manufactiu-e and sale of gas for Hght or heat, no 
 other gas company, nor any other persons, shall dig up and open 
 
 3097 the streets, lanes and highways of such city or town, for the pur- 
 pose of laying gas pipes therein, without the consent of the mayor 
 and aldermen, or selectmen, granted after notice by publication 
 or otherwise to all parties interested and a public hearing before 
 them. Rev. Laws igo2, ch. 121, sec. 25. 
 
 In a city or town in which a company, corporation or person 
 is engaged in the manufacture or sale of electric light no other 
 person, firm or corporation shall lay, erect, maintain or use, over 
 or imder the streets, lanes and highways of such city or town, 
 
 3098 any wires for the transmission of electricity for light, heat or 
 power except wires used for heat or power by street railway 
 
 803 
 
companies, without the consent of the mayor and aldermen of 
 such city or selectmen of such town granted after notice to all 
 parties interested and a public hearing. Same, sec. 26. 
 
 Any corporation, company or person aggrieved by the de- 
 cision of the mayor and aldermen of a city or selectmen of a 
 town, under the provisions of the two preceding sections, may, 
 
 3099 within 30 days from the notice of said decision, appeal therefrom 
 to the gas and electric light commission, and said commission 
 shall thereupon give due notice and hear all parties interested, 
 and its decision thereon shall be final. Same, sec. 27. 
 
 In consenting to the laying, erectiag, maiataining or 
 using by a company incorporated or authorized to distribute 
 and sell electricity exclusively for power, of any wires for the 
 transmission of electricity over or under streets, lanes and 
 highways as provided in section 26 of chapter 121 of the revised 
 laws, the mayor and aldermen of a city or the selectmen of a town 
 
 3100 may, in addition to the provisions of law governing such com- 
 panies, impose such other terms, limitations and restrictions as 
 the public interest may, in their judgment, require, and upon an 
 appeal therefrom, pursuant to section 2 7 of said chapter, the gas 
 and electric light commission may, in addition to its present au- 
 thority under said section, affirm, amend, alter or add to the 
 terms, limitations and restrictions so imposed as the public 
 interest: may in its judgment require. Acts igo8, ch. 6iy, sec. i. 
 
 After compliance with the provisions ^ of sections 13 to 16, 
 inclusive, and within 30 days after the first publication of notice 
 of the agreement of association therein required, the directors 
 therein named shall apply to the railroad commission for a 
 
 8101 certificate that public convenience and necessity require the 
 construction of a railroad as proposed in such agreement. If 
 said commission refuses to issue such certificate, no further 
 proceedings shall be had, but the application may be renewed 
 after one year from the date of such refusal. Acts igo6, ch. 
 46 J, pt. a, sec. 18. 
 
 If they (the directors of the proposed railroad corporation 
 and the aldermen of a city or the selectmen of a town) fail so 
 to agree (as to the route through any city or town), the direc- 
 tors may petition the railroad commission to fix the route in 
 said city or town; and said commission, after notice to said 
 
 sios board of aldermen or selectmen, shall hear the parties, and fix 
 the route in such city or town and make a certificate setting 
 
 1 Sections i3lto i6 provide for the formation by general law of railroad corporations, 
 
 804 
 
forth the route as fixed by it, which shall be certified by its clerk 
 to the directors. The costs of the petition shall be paid by the 
 directors. All variations from the route first proposed shall be 
 made upon the map. Same, sec. 21. 
 
 When it is shown to the satisfaction of the railroad commis- 
 sion that the requirements of this chapter preliminary to the 
 incorporation of a railroad corporation have been complied with, 
 and that an amount sufficient in its judgment to pay all dam- 
 ages immediate or consequential which may be occasioned by 
 laying out, making and maintaining the railroad, or by taking 
 any land or materials therefor, has in good faith been paid in 
 cash to the treasurer, and when said commission is satisfied by 
 a bond, or such other assurance of good faith as it may consider 
 necessary and require, that said amount will remain in the 
 sios hands of said treasurer until it is drawn out for the lawful ex- 
 penditures of the corporation, the clerk of said commission, 
 upon its order, shall annex to the agreement of association a 
 certificate stating that such requirements have been complied 
 with. The directors shall thereupon file the agreement of asso- 
 ciation, with all the certificates annexed thereto, in the office of 
 the secretary of the commonwealth; who, upon the payment to 
 him of a fee of $50, shall receive and preserve the same in form 
 convenient for reference and open to public inspection, and shall 
 thereupon issue a certificate of incorporation substantially in 
 the following form. . . . Same, sec. 24. 
 
 A railroad corporation shall not locate or begin to construct 
 its railroad or a branch or extension thereof, or enter upon and 
 use land or other property, except for making surveys, until a 
 sworn estimate of the total cost of constructing the same, pre- 
 pared by its chief engineer, has been submitted to the railroad 
 commission and approved by it; nor until said commission is 
 satisfied that an amount of the capital stock of the corporation 
 equal to at least 50 per cent, of such estimated cost has been 
 actually subscribed by responsible parties without any condi- 
 tion which invalidates the subscription, and that 20 per cent, 
 of the par value of each share has been actually paid in; and 
 that the authority and consent required by section 82 have 
 been obtained; nor until the clerk of said commission, upon its 
 3104 order, has filed a certificate with the secretary of the common- 
 wealth that the provisions of this section have been complied 
 with; nor until the corporation has paid to the secretary a fee 
 of $50 for filing such certificate. The supreme judicial court 
 
 805 
 
shall have jurisdiction in equity, if said commission certifies a 
 location before ascertaining that the authority and consent ^ 
 required by section 82 have been obtained. The certificate of 
 a master in chancery or a justice of a court of record for the 
 county in which a subscriber resides that he owns property in 
 his own name equal in value, above all encumbrances, to the 
 amount of his subscription shall be conclusive evidence of his 
 responsibility. If said commission refuses its approval to an 
 estimate or a subscription list so submitted, it shall in writing 
 state its reasons therefor in detail at the time and shall include 
 them in its next annual report. Same, sec. 71. 
 
 The board of aldermen of a city or the selectmen of a town 
 are authorized on petition to grant original locations of tracks 
 for street railways when in their opinion public necessity and 
 convenience so require, and they may '^ prescribe how the tracks 
 shall be laid and the kind of rails, poles, wires and other appli- 
 ances which shall be used, and, in addition, to the general pro- 
 visions of law governing such companies, and in respect of 
 3i05 matters not treated of in such provisions, impose such other 
 terms, conditions and obligations, incidental to and not incon- 
 sistent with the objects of a street railway company, as the public 
 interests may in their judgment require; but no such location 
 shall be valid until the railroad commission, after public notice 
 and a hearing, shall certify that such location is consistent with 
 the public interests." Acts igo6, ch. 463, pt. Hi, sec. 7, as amended 
 by Acts igog, ch. 41'/, sec. i. 
 
 If railroad commission requires an alteration in such loca- 
 tion before certifying that the same is consistent with the public 
 interests, said commission shall notify the board of aldermen or 
 selectmen granting such location of such alteration; and there- 
 after said board of aldermen or selectmen may amend vSuch 
 3106 location in accordance with such alteration; . . . and there- 
 after the railroad commission may, as a part of the original 
 proceedings before it, certify that such location so amended is 
 consistent with the public interests. * * * A location granted 
 by a board of aldermen or selectmen, but refused certification 
 hereunder by the railroad commission, or not accepted as here- 
 inbefore provided, shall be void. Same. 
 
 When it is shown to the satisfaction of the railroad commis- 
 sion that the requirements of this act preliminary to incorpora- 
 tion of a (street railway) company have been complied with, 
 
 1 Section 82 requires the consent of county commissioners to the manner in which 
 highways are to be crossed. 
 
 806 
 
3107 and that Icx^ations have been obtained for a railroad between 
 the termini and substantially over the route set forth in the 
 agreement of association, the clerk of said commission, upon its 
 order, shall annex to the agreement of association a certificate 
 stating such fact. . . . Same, sec. g. 
 
 A street railway constructed upon private land shall not 
 be opened for public use until the railroad commission, after an 
 examination, certifies that all laws relative to its construction 
 and all requirements of said commission have been complied 
 with, and that it appears to be in a safe condition for opera- 
 
 3108 tion. Said company may, at any time after the opening of a 
 street railway for public use, order such changes and improve- 
 ments to be made in the construction and operation of any part 
 thereof upon private land as in its judgment may be necessary 
 for public safety in the use thereof; and such order shall be 
 complied with by the street railway company. Same, sec. 44. 
 
 Provision is also made to the effect that if a street railway 
 company desires to use private land and if on application it 
 obtains the approval of the board of aldermen of a city or of 
 the selectmen of a town in which it desires to take such land, 
 it may apply to the railroad commission for approval of the ad- 
 judication of the board of aldermen or of the selectmen as to 
 the necessity and reasons for taking land or rights in land in 
 
 3109 every city or town in which such adjudication has been made. 
 If the railroad commission after public notice and a hearing at 
 which all persons or corporations alleging that they would be 
 injured by the construction of the railway shall be deemed to 
 be interested parties and entitled to be heard, grant the certifi" 
 cate as prayed for, the petitioner may take in any city or town 
 in the manner provided in the following section, any land or 
 rights in land, the taking of which has so been approved by 
 such commission. Same, sec. 46. 
 
 The board of aldermen of a city or the selectmen of a town, 
 after the expiration of one year from the opening for use of a 
 street railway in their city or town, and after public notice and 
 a hearing as provided in section seven, if the public necessity 
 and convenience in the use of the streets so require, may, for 
 
 3110 good and sufficient reasons to be stated in the order therefor, 
 revoke the location of a street railway in any highway or street in 
 said city or town; but unless, within 30 days after such order 
 of revocation, the company consents thereto in writing, such 
 
 807 
 
order shall not be valid until approved by the railroad commis- 
 sion after public notice and a hearing. Same, sec. 66. 
 
 After compliance with the provisions of section one and of 
 the two preceding sections (relating to agreements of associa- 
 tion), and within 30 days after the first publication of notice 
 of the agreement of association therein required, the directors 
 (of an electric railroad company) therein named shall apply to 
 the railroad commission for a certificate that public convenience 
 and necessity require the construction of a railroad as proposed 
 in such agreement. With such application said directors shall 
 file a map of the railroad showing the cities and towns through 
 which it will pass, the principal highways, railways, railroads, 
 navigable streams and tide waters to be crossed, and the extent 
 
 sill to which the route of the railroad will be fixed upon private 
 land or will be located longitudinally upon public ways and 
 places. They shall also file a general profile of the railroad 
 showing the grades, and shall submit an estimate showing in 
 reasonable detail the cost of construction. The directors shall 
 also furnish such additional maps and information as said com- 
 mission may require. Prior to the decision of said commission 
 the directors may change or modify the route in any city or 
 town in whole or in part either at the suggestion of said com- 
 mission or otherwise. If said commission refuses to issue such 
 certificate, no further proceedings shall be had, but the appli- 
 cation may be renewed after one year from the date of such 
 refusal. Acts igo6, ch. 516, sec. 5. 
 
 It is further provided that the railroad commission with 
 the approval of the board of aldermen of a city or the select- 
 
 3112 men of a town may fix the right of way of an electric railroad 
 company. Same, sec. 7, as amended by Acts igoy, ch. 428, sec. 2, 
 and Acts igo8, ch. 450. 
 
 An electric railroad company ^ shall act as a common car- 
 rier of baggage, express matter and freight in such cases, upon 
 such parts of its railroad, and to such extent, in any city or 
 town as, after public notice and a hearing . . . the board of 
 aldermen or the selectmen or those exercising the powers of 
 such board or of selectmen, in such city or town shall by order 
 
 8118 approve; provided, however, that a company shall actually 
 engage in the business of a common carrier under authority of 
 
 ' Authority for street railway companies to become common carriers of newspapers, 
 baggage, express matters and freight suDJect to the approval of the railroad commission is 
 conferred by acts 1907, ch. 402, sec. i. Such authority may be revoked or terminated at 
 any time in any city or town or upon any part of the street railway by the board of alder- 
 men or .selectmen with the approval of the railroad commission. 
 
 808 
 
this act only in such of the cases upon such of the parts of its 
 raihoad and to so much of the extent, approved as aforesaid, 
 as the railroad commission shall certify, after public notice and 
 a hearing that public necessity and convenience re- 
 quire; . . . Same, sec. lo. 
 
 MICHIGAN Any person, copartnership or corporation de- 
 
 siring to obtain a franchise to construct a telephone system in any 
 mimicipality, shall apply to said railroad commission for a cer- 
 tificate of public convenience and necessity, and said commission 
 may grant or withhold said certificate after a public hearing and 
 
 siu investigation upon the merits of the application in the manner 
 provided herein for the holding of public hearings and investi- 
 gation on complaint, and no such person, copartnership or cor- 
 poration shall be granted a franchise in any municipality in the 
 state of Michigan to construct a telephone system until they 
 have received a certificate of public convenience and necessity 
 herein provided for. Puh. Acts igii, no. 138, sec. 7. 
 
 NEW HAMPSHIRE Without having first obtained permission of 
 commission no railroad corporation shall begin the construction 
 of an extension of its railroad or of any branch thereof, and the 
 commission shall grant such permission, whenever, after due 
 hearing, it shall determine that such construction or extension 
 
 S115 would be for the public good and not otherwise. If the petition 
 shall be granted, the railroad corporation shall file in the office of 
 secretary of state a copy of the petition and of the order of com- 
 mission thereon. Authority granted imder the provisions of this 
 section may only be exercised within two years after the same is 
 granted, and shall not be exercised thereafter. Laws igii, ch. 
 164, sec. 12(a). 
 
 No public utility shall commence the business of trans- 
 mission of telephone or telegraph messages or of supplying the 
 public with gas, electricity or water, or shall engage in such busi- 
 ness or begin the construction of a plant, line, main or other 
 apparatus or appliance intended to be used therein in any city 
 or town in which at the time it shall not already be engaged in 
 such business, or shall exercise any right or privilege imder any 
 franchise hereafter granted in such town, without first having 
 obtained the permission and approval of commission. Com- 
 3116 mission shall grant such permission whenever it shall, after due 
 hearing, determine and find that such engaging in business, such 
 construction or such exercise of the right, privilege or franchise 
 
 809 
 
wotdd be for the public good and not otherwise; and may pre- 
 scribe such terms and conditions upon the exercise of the priv- 
 ilege granted under such permission as it shall consider for the 
 public interest. Authority granted tmder the provisions of this 
 section may only be exercised within two years after the same 
 shall be granted and shall not be exercised thereafter. Same, 
 sec. ijia). 
 
 NEW YORK Without first having obtained the permission 
 
 and approval of the proper commission no railroad corporation, 
 street railroad corporation or common carrier shall begin the 
 construction of a railroad or street railroad, or any extension 
 thereof, for which prior to the time when this act becomes a law 
 a certificate of public convenience and necessity shall not have 
 been granted by commission or where prior to said time said cor- 
 poration or common carrier shall not have become entitled by 
 virtue of its compliance with the provisions of the railroad law 
 to begin such construction; nor except as above provided in this 
 section shall any such corporation or common carrier exercise 
 
 3117 any franchise or right imder any provision of the railroad law, 
 or of any other law, not heretofore lawfully exercised, without 
 first having obtained the permission and approval of the proper 
 commission. Commission within whose district such construc- 
 tion is to be made or within whose district such franchise or right 
 is to be exercised, shall have power to grant the permission and 
 approval herein specified whenever it shall, after due hearing, 
 determine that such construction or such exercise of the fran- 
 chise or privilege is necessary or convenient for the public serv- 
 ice. And if such construction is to be made or such franchise 
 to be exercised in both districts, the approval of both com- 
 missions shall be secured. Laws igio, ch. 480, sec. jj. 
 
 Held, that if the commission found that public necessity and con- 
 venience required the construction of a proposed railroad, it had no 
 authority to deny a certificate upon the ground that the franchise con- 
 tract with a municipality was not a wise one. People ex. rel. South Shore 
 Traction Co. vs. Willcox et al., ig6 N. Y. 212. 
 
 No gas or electrical corporation shall begin construction of 
 
 a gas or electric plant without having first obtained the permis- 
 
 8118 sion and approval of commission of each district within which 
 
 any part of the work of construction is to be performed. Same, 
 
 sec. 68. 
 
 No such corporation shall exercise any right or privilege 
 3119 under any franchise hereafter granted without first having ob 
 
 810 
 
tained the permission and approval of the proper commission. 
 Same. 
 
 Commission within whose district such construction is to 
 be made, or within whose district such right, privilege or fran- 
 chise is to be exercised shall have power to grant the permission 
 siso and approval herein specified whenever it shall, after due hear- 
 ing, determine that such construction or such exercise of the 
 right, privilege or franchise is necessary or convenient for the 
 public service. Same. 
 
 No mimicipality shall build, maintain and operate for other 
 than municipal purposes any works or systems for the manu- 
 
 3121 factiH-e and supplying of gas or electricity for lighting purposes 
 without a certificate of authority granted by the commission. 
 Same. 
 
 No telegraph or telephone corporation hereafter formed shall 
 begin construction of its telephone or telegraph lines without 
 
 3122 first having obtained the permission and approval of com- 
 mission and its certificate of public convenience and necessity, 
 after a hearing had upon such notice as commission may pre- 
 scribe. Same, sec. pp(i). 
 
 No railroad corporation formed after May i8, 1892, under 
 the laws of this state shall exercise the powers conferred by law 
 upon such corporations or begin the construction of its road 
 until the directors shall cause a copy of the certificate of incor- 
 poration to be published in one or more newspapers in each 
 county in which the road is proposed to be located, at least once 
 a week for three successive weeks, and shall file satisfactory 
 proof thereof with the public service commission; nor until the 
 commission shall certify that the foregoing conditions have been 
 complied with, and also that public convenience and a necessity 
 require the construction of said railroad as proposed in said cer- 
 tificate of incorporation. The foregoing certificate shall be ap- 
 plied for within six months after the completion of the three 
 weeks' publication hereinbefore provided for. If a certificate is 
 refused no fiuther proceedings shall be had before said com- 
 mission, but the application may be renewed after one year 
 from the date of such refusal. Prior to granting or refusing said 
 certificate the commission shall have a right to permit errors, 
 omissions or defects to be supplied and corrected. After a re- 
 fusal to grant such certificate the commission shall certify a 
 
 3123 copy of all maps and papers on file in its office and of the findings 
 of the commission when so requested by the directors aforesaid. 
 
 811 
 
Such directors may thereupon present the same to the appellate 
 division of the supreme court of the department within which 
 said road is proposed in whole or in part to be constructed, and 
 said appellate division shall have power, in its discretion, to 
 order said commission, for reasons stated, to issue said certificate 
 and it shall be issued accordingly. Such certificate shall be 
 filed in the office of the secretary of state, and a copy thereof, 
 certified to be a copy by the secretary of state, or his deputy, 
 shall be evidence of the fact therein stated. Nothing in this 
 section shall prevent any such railroad corporation from causing 
 such examinations and surveys for its proposed railroad to be 
 made as may be necessary to the selection of the most advan- 
 tageous route; and for such piupose by its officers or agents and 
 servants, entering upon the lands or water of any person, but 
 subject to the responsibility for all damages which shall be done 
 thereto. The certificate provided for in this section shall not 
 dispense with the permission and approval provided for in sec- 
 tion 53 of the public service commissions law. Laws igio, 
 ch. 481, sec. g. 
 
 Whenever application is made by a street surface railroad 
 company for a certificate of public convenience and a necessity 
 as required by the provisions of section 9, and it shall appear 
 to the public service commission, after examination of the pro- 
 posed route of the applicant company that public convenience 
 and a necessity do not require the construction of said railroad 
 as proposed in its certificate of incorporation but do require the 
 construction of a part of the said railroad, the commission may 
 issue its certificate for the construction of such part of the said 
 railroad as seems to it to be required by public convenience and 
 a necessity. In case any railroad company which shall here- 
 after obtain the certificate of the commission that public con- 
 venience and a necessity require the construction of the whole or 
 a part of the said railroad shall fail to begin such construction 
 within two years from the date of the issuing of said certificate, 
 the commission may inquire into the reason for such failure and 
 8124 the said commission may revoke said certificate if it shall appear 
 to it to be in the public interest so to do. Any street siurface 
 railroad company which proposes to extend its road beyond the 
 limits of any city or incorporated village by a route which will 
 be practically parallel with a street surface railroad already 
 constructed and in operation shall first obtain the certificate of 
 the commission that public convenience and a necessity require 
 
 813 
 
the construction of such extension as provided in the case of a 
 railroad corporation newly formed. Before making application 
 for such certificate the corporation shall cause to be advertised 
 the route of the proposed extension in one or more newspapers in 
 each coimty in which such extension is to be constructed, at 
 least once a week for three successive weeks, and shall file satis- 
 factory proof of such publication with the commission. Nothing 
 in this section shall prevent street railroad companies from mak- 
 ing extensions within the limits of cities or incorporated villages 
 upon compliance with the provisions of law now applicable 
 thereto. Same, sec. lo. 
 
 Whenever it shall be made to appear to the public service 
 commission that any steam railroad corporation, which has ob- 
 tained from it or from the board of railroad commissioners a 
 certificate under section 9 of this chapter since 1894, and 
 whose road is less than ten miles in length, and was to be built 
 
 3125 in the counties of Saratoga and Washington, shall not have 
 completed its construction and put it in operation within three 
 years after obtaining such certificate, the said commission, on 
 notice to such corporation, shall have the power to revoke the 
 said certificate and consent and thereupon the corporate ex- 
 istence and power of such railroad corporation shall cease and 
 determine. Same, sec. 11. 
 
 OHIO No telephone company shall exercise any per- 
 
 mit, right, license or franchise that may hereafter be granted to 
 own or operate a plant for the furnishing of any telephone serv- 
 ice thereunder in any municipality or locality where there is in 
 
 3126 operation a telephone company furnishing adequate service 
 unless such telephone company first secures from commission a 
 certificate after public hearing of all parties interested that the 
 exercise of such license, permit, right or franchise is proper 
 and necessary for the public convenience. Laws igii, no. j2^, 
 sec. 54. 
 
 SOUTH DAKOTA No railroad hereafter constructed in this state 
 shall parallel any other line of railroad, already constructed, 
 within eight miles of the same, for a greater distance, in every 
 
 3127 100 miles which it may build, than ten miles, exclusive of its 
 trackage in any corporate city or town, without first having, on 
 notice to such competing road, obtained from the commission 
 permission so to do. Sess. Laws igoy, ch. 21^, sec. i. 
 
 Any railroad company desiring to construct a line of rail- 
 road in this state, and having otherwise complied with all laws in 
 
 813 
 
force relevant thereto, may file with the commission a plat of 
 such road proposed to be constructed, stating the principal 
 points through which it is desired to construct such road, and 
 
 3128 thereupon the commission may, if satisfied that such road is de- 
 sirable, and that there is probability of the same being con- 
 structed, grant a permit to such company to construct such 
 road; and thereupon all the provisions of section i of this act 
 shall apply to any other railroad which may seek to build into the 
 same territory. Same, sec. 2. 
 
 Every telephone company must, before commencing to 
 charge, collect or receive any rate or charge for the transmission of 
 any messages or for any service in connection therewith, or for the 
 rent of any line or instrument, or facility of any kind, file with the 
 commission, a full, true and correct schedule or tariff showing 
 every such rate or charge and a correct, examined copy verified 
 by such telephone company, its officers or authorized agents, of 
 every franchise and license granted to such company by any 
 municipality in this state or assigned to it by any grantee thereof 
 and still remaining in force, as well as a true, full and correct copy 
 
 8129 of any contract or agreement entered into by said company with 
 any mtmicipality, telephone company or companies, within 20 
 days after the granting or assignment of such franchise or license, 
 or making of such contract or agreement. Such copies shall be 
 duly certified as full, true and correct by the president, secretary 
 or managing agent of such company. Provided, that all filings 
 heretofore made with the board of telephone commissioners, as 
 required by chapter 239 of Session Laws of 1907, shall in so far as 
 they meet the requirements of this act, be deemed as filed with 
 the commission at the time of taking effect of this act. Sess. 
 Laws iQop, ch. 28g, sec. 4, as amended by Sess. Laws 1911, ch. 
 218, sec. 2. 
 
 VERMONT The state may, at any time during the con- 
 
 tinuance of the charter of a railroad corporation, after the ex- 
 piration of 20 years from the opening of its railroad for use, pur- 
 chase of the corporation the railroad, and the franchise, property, 
 
 8180 rights and privileges of the corporation, by paying it therefor 
 such sum as will reimburse the amount of capital paid in, with a 
 net profit thereon of ten per cent, per annum from the time of the 
 payment thereof by the stockholders to the time of such purchase. 
 Fuh. Stats. igo6, sec. 4328. 
 
 Before the articles of association are thus filed, the persons 
 who have subscribed them shall petition the public service com- 
 
 814 
 
mission to hold a public hearing in the county where the pro- 
 posed corporation is to have its principal office, to determine 
 whether the construction of the proposed railroad will promote the 
 general good of the state, and also whether they have complied 
 with the provisions of the statute for the formation of a railroad 
 corporation by voliintary association. Said commission shall 
 thereupon appoint a time and place in such coimty for hearing 
 the petition, and make an order for the publication of the sub- 
 stance of the petition and of the time and place of the hearing 
 3131 three weeks consecutively in a newspaper published in the 
 coimty, or, for want thereof, in an adjoining county, the last pub- 
 lication to be at least 12 days before the day appointed for the 
 hearing. The state's attorney of the county shall represent 
 the state at the hearing. If, after the hearing, said commission 
 finds and adjudges that the construction of the proposed railroad 
 will be promotive of the general good of the state, and that the 
 associates have complied with the provisions of the statute for the 
 formation of a railroad corporation by voluntary association, it 
 shall give the associates a certificate, under its hand and seal, to 
 that effect, which shall be attached to and be recorded with the 
 articles of association by the secretary of state. Same, sec, 4338. 
 
 WISCONSIN No railroad corporation hereafter organized 
 
 shall exercise the powers conferred upon it by the laws of Wiscon- 
 sin, nor begin the construction of any proposed line of railroad 
 in this state, until it shall have obtained from the railroad com- 
 
 3132 mission of Wisconsin, a certificate that public convenience and 
 necessity require the construction of said railroad as proposed in 
 the articles of association of said railroad company, and such 
 certificate shall constitute the license from this state to the com- 
 pany to build its said proposed railroad. Laws igoy, ch. 4^4, 
 sec. 1797-39. 
 
 Application for the foregoing certificate shall be made within 
 
 3133 six months from and after the publication of the articles of asso- 
 ciation of the company applying in the manner hereinafter set 
 forth. Same, sec. 1797-40. 
 
 No railroad corporation shall make application for such cer- 
 tificate imless it shall have caused a copy of its articles of asso- 
 ciation to be published in one or more newspapers in each coimty 
 
 3134 in which the road is proposed to be located at least once in each 
 week for two successive weeks and within six months next prior 
 to the time of making such application, and shall file satisfactory 
 
 815 
 
proof thereof with the said railroad commission. Same, sec 
 
 1797-41- 
 
 Nothing in this act shall prevent any railroad corporation 
 from causing such examination and surveys for its proposed 
 
 3136 railroad to be made as may be necessary in order to select the 
 best and most advantageous route, and for that purpose to enter 
 upon the lands of any owner, but subject to responsibility for any 
 damage that may be done thereto. Same, sec. 1797-42. 
 
 Every application for a certificate of convenience and 
 necessity imder the provisions hereof shall be accompanied by 
 complete maps and profiles of the line of the proposed road, 
 which maps and profiles shall be filed with the application by 
 8136 said railroad commission. Prior to the granting or refusing of 
 said certificate the commission shall have the right to permit 
 errors, omissions or defects in the application, maps and pro- 
 files to be supplied or corrected, and also to permit changes in the 
 proposed route to be made where the same are deemed desirable. 
 Same, sec. 1797-43. 
 
 If any railroad company heretofore organized shall hereafter 
 desire to extend its line or lines of railroad in this state or to build 
 extensions or branches connected therewith, or to construct any 
 unconstructed portion of its authorized line of railroad, or any 
 line of railroad whatever for which the right-of-way and local 
 consents and franchises have not been procured, it shall, before 
 beginning construction thereof, make application to the railroad 
 
 3137 commission for a certificate of convenience and necessity author- 
 izing the construction of such extension or branch or lines in the 
 manner hereinbefore provided; except that it shall not be neces- 
 sary to publish the articles of association of such railroad but 
 only to publish the notice of hearing of such application at least 
 once in each week for two successive weeks preceding such hearing 
 in one or more newspapers in each coimty in which said exten- 
 sion, branch or line is to be built. Same, sec. 1797-44. 
 
 Upon receiving an application imder the provisions of this 
 act, the railroad commission shall forthwith set a time and place 
 for the hearing of such application, which time shall not be less 
 than three weeks nor more than eight weeks from the date of 
 filing such application, and the place shall be at the city of 
 Madison, or at some place along the line of the proposed railroad 
 3188 if the commission shall deem the latter more convenient. The 
 commission shall thereupon give to the applicant a notice of the 
 time and place of said hearing, which notice shall be published 
 
 816 
 
by the applicant at least once each week for two successive weeks 
 preceding such hearing in one or more newspapers in each county 
 in which the road is proposed to be located, and satisfactory 
 proof of such publication shall be filed by the applicant with 
 said railroad commission. Same, sec. ijgj-4^. 
 
 At such hearing or any adjournment thereof the commis- 
 sion shall carefully consider such application and shall hear 
 such applicant by counsel or agents in support thereof and any 
 
 S1S9 person or corporation in person or by coimsel or agents in oppo- 
 sition thereto and upon demand of the applicant or any person 
 or corporation appearing in opposition, take evidence and testi- 
 mony orally or by deposition in support of the application or in 
 opposition thereto. Same, sec. ijgy-46. 
 
 AH provisions of chapter 362 of the laws of 1905,^ or any 
 act amendatory thereof, relating to the subpoenaing of witnesses, 
 the production of books, docimients and papers, the adminis- 
 tration of oaths, punishment for disobedience of an order of the 
 commission or any commissioner, or of a subpoena, or for refusal 
 
 S140 of a witness to be sworn or to testify, witness fees, the payment 
 thereof, taking depositions, the keeping of a record of the pro- 
 ceedings, the taking of testimony, transcribing copies of evidence 
 and testimony, or relating to the •procedure before said com- 
 mission not inconsistent with this act, shall apply to all pro- 
 ceedings imder this act. Same, iygj-4y. 
 
 Upon the conclusion of the hearings of said application as 
 above provided, said commission shall carefully consider all the 
 evidence submitted, and if the said commission, or a majority of 
 them, shall find that the proposed railroad would be a public 
 convenience and that a necessity requires the construction of 
 said proposed railroad, the said railroad commission shall forth- 
 with grant and issue to the applicant a certificate that public 
 convenience and a necessity require the construction of said 
 railroad as proposed. Such certificate shaU be filed in the 
 office of the secretary of state, and a copy thereof, certified to by 
 the secretary of state, shall be evidence of the facts therein stated. 
 3141 Said commission shall also approve the map showing the proposed 
 route of said railroad and shaU file the same in their office. The 
 applicant shall cause a copy of such map certified by the secretary 
 of said commission to be a copy of the original, with the seal of 
 said commission affixed, to be filed in the office of the register of 
 deeds in each county in which said railroad shall be located. 
 
 1 Railroad commission law. 
 
 817 
 
The filing of said certificate with the secretary of state and the 
 filing of a copy of said map showing said proposed route as above 
 provided, shall be a condition precedent to the right of said appli- 
 cant railroad to institute and maintain condemnation proceedings 
 for the acquirement of land for the right of way, stations and 
 other necessary uses of said railroad. SamCy sec. i'jgy-4S. 
 
 If upon the conclusion of said hearing of said application 
 said commissioners or a majority of them shall find and determine 
 that said proposed railroad is not a necessity or is not required by 
 public convenience either because already existing railroads or 
 other means of transportation adequately provide for the neces- 
 sities and requirements of the public, or for any other reason, 
 
 3142 then said railroad commission shall refuse to grant said certificate 
 and shall make such refusal a matter of record in the proceed- 
 ings, stating their reasons for such refusal, and shall give the 
 applicant a copy of such refusal. If said certificate is refused no 
 further proceedings shall be had before said railroad commission 
 in the matter, but the application may be renewed after two years 
 from the date of such refusal. Same, sec. i'/q'/-4q. 
 
 Any railroad corporation or other party in interest, having 
 appeared before said commission upon the hearing of such appli- 
 cation and being dissatisfied with the action of the railroad com- 
 mission in granting or refusing to grant such certificate, may 
 file written notice thereof with said commission, whereupon said 
 commission shall immediately certify and deliver to and file with 
 the clerk of the circuit court of Dane county the application and 
 all maps, profiles, testimony, evidence, depositions and all other 
 records, papers and proceedings on file in its office relating to 
 said application and a copy of its findings and decision thereon, 
 which shall constitute a record in said court in said manner. The 
 party filing such written notice of dissatisfaction with the com- 
 mission shall thereupon and upon such record be entitled to an 
 order to show cause, to be granted by the presiding judge at any 
 time within thirty days after the filing of said record with said 
 clerk. Said order to show cause shall be served upon all per- 
 
 8143 sons and corporations who have appeared before the railroad com- 
 mission in such matter in such manner as shall be prescribed by 
 said presiding judge. Upon the hearing of such order to show 
 cause the court shall examine said record, findings and decisions 
 and determine the legality of the proceedings before said com- 
 mission and of the order of said commission and the grounds 
 thereof and shall have power to enter such judgment or order as 
 
 8i8 
 
may be proper and just. An appeal from the order or judgment 
 of the circuit court may be taken by any party aggrieved thereby 
 to the supreme court of this state by the service of a notice of 
 such appeal upon all parties or their attorneys who appeared in 
 the circuit court in such matter and on the clerk of such court 
 within thirty days from the date of the service upon such party of 
 a copy of such order or judgment. Such appeal shall be perfected 
 and proceedings stayed by the service and filing of an under- 
 taking on such appeal as is now provided by law in cases of appeal 
 from an order. Samey sec. lygj-^o. 
 
 This section gives no power to the commission to authorize the 
 building of a part only of a railroad which it has certified to be required 
 by public convenience and necessity. Eastern Ry. Co. v. McCord, 136 
 Wis. 24g. 
 
 Whenever an application is made by a railroad company for 
 a certificate of public convenience and necessity, as required by 
 this act, and it shall appear to the railroad commission after an 
 examination of the proposed route of the applicant company that 
 
 3144 public convenience and a necessity do not require the construc- 
 tion of said railroad as proposed in its application, but do require 
 the construction of a part of said proposed railroad, the said rail- 
 road commission may issue a certificate for the construction of 
 such part of said proposed railroad as seems to them to be re- 
 quired by public convenience and necessity. Same, sec. lygy-si- 
 
 In case any railroad company hereafter obtaining a certifi- 
 cate from the railroad commission that pubHc convenience and 
 a necessity reqtiire the construction of the whole or part of its 
 'proposed railroad shall fail to begin such construction within one 
 
 3145 year from the date of the issuing of said certificate, or having 
 begun such construction, shall fail to prosecute the same, the 
 railroad commission may inquire into the reasons for such failiire 
 and may revoke the said certificate, if it shall appear after notice 
 and hearing that such failure is unreasonable. Same, sec. ijgy-^2. 
 
 The provisions of this act shall apply to all steam, electric 
 and other surface railroads in this state, except construction or 
 
 3146 extension of electric railroads in cities, and to railroads for the 
 construction of which municipal aid has heretofore been 
 voted and now available upon completion. Same, sec. lygj-SS- 
 
 Under sections 1797-43 to 1797-53, the right to construct a railroad 
 is now exclusively referable to the certificate of public convenience 
 and necessity under these sections. State, vs. Railroad Com., 140 Wis. 
 145- 
 
 819 
 
upon receiving the certificate of public convenience and 
 necessity, the apphcant railroad shall before commencing con- 
 struction of its railroad or any extension or branch thereof, 
 submit to the railroad commission a condensed specification of 
 the kind and character of construction that it proposes to install, 
 which specification shall show the kind, quality and weight of 
 the rail proposed to be used,, the mode of construction, character, 
 
 8147 quality and strength of all bridges, culverts and viaducts, in- 
 cluding abutments and approaches proposed to be built, the 
 grade of and proposed method of draining the road-bed, and 
 kind of power to be used and the power plant and appliances to 
 be employed in power production, and such other saHent facts 
 relating to the construction of said proposed railroad as the com- 
 mission under the rules to be prescribed by them may require. 
 Samey sec. i'jg'j-^4. 
 
 Upon receiving the specification required by the foregoing 
 section, the said railroad commission shall examine the same and 
 shall hear the applicant railroad in support thereof, shall sug- 
 gest and require modifications of said specification if in their 
 judgment the public safety so demand, shall visit and inspect the 
 said proposed line of railroad or extension or branch thereof, if 
 deemed desirable, and shall otherwise investigate and determine 
 
 3148 that the proposed construction will be adequate for securing and 
 protecting the public safety in the operation of said proposed rail- 
 road or extension or branch thereof, and thereupon the said com- 
 mission shall grant to said applicant railroad an order approving 
 said specification as amended — ^if the same shall be amended — 
 and authorizing the construction of said proposed railroad or 
 extension or branch thereof in accordance therewith. Same, sec. 
 1797-55- 
 
 See also par. 320J. 
 
 2, The Exercise of Franchise Privileges Previously Granted. 
 
 ARIZONA, CALIFORNIA 
 
 No street railroad corporation, gas, electrical, 
 telephone or water corporation shall exercise any right or priv- 
 ilege under any franchise or permit heretofore granted but not 
 8149 heretofore actually exercised, or the exercise of which has been 
 suspended for more than one year, without fif st having obtained 
 from commission a certificate that public convenience and 
 necessity require the exercise of such right or privilege. Ariz, — 
 
 820 
 
Sess. Laws igi2, ch. go, sec. 5o{h); Cal. — Stats, igii, ist. ex. 
 sess., ch. 14, sec. 50Q)). 
 
 When commission shall find, after hearing, that a public 
 utility! has heretofore begun actual construction work and is 
 prosecuting such work in good faith, uninterruptedly and with 
 reasonable diligence in proportion to the magnitude of the 
 
 SI60 undertaking, under any franchise or permit heretofore granted 
 but not heretofore actually exercised, such public utility ^ may 
 proceed, under such rules and regulations as commission may 
 prescribe, to the completion of such work and may, after such 
 completion, exercise such right or privilege. Same. 
 
 This section shall not be construed to validate any right or 
 
 8161 privilege now invalid or hereafter becoming invalid under any 
 law of this state. Same. 
 
 MARYLAND No gas or electrical corporation shall begin 
 
 construction or exercise any right or privilege under any fran- 
 
 S162 chise heretofore granted but not heretofore actually exercised 
 without first having obtained the permission and approval of 
 commission. Laws igio, ch. 180, sec. jj. 
 
 NEW HAMPSHIRE No public utility shall commence the business 
 of transmission of telephone or telegraph messages or supplying 
 the public with gas, electricity or water, or shall engage in such 
 business or begin the construction of a plant, line, main or other 
 
 8153 apparatus or appliances intended to be used therein in any city 
 or town in which at the time it shall not already be engaged in 
 such business, or shall exercise any right or privilege under any 
 franchise heretofore granted but not heretofore actually exer- 
 cised in such town, without first having obtained the permission 
 and approval of commission. Laws igii, ch. 164, sec. 13(a). 
 
 NEW YORK No gas or electrical corporation shall exercise 
 
 any right or privilege under any franchise heretofore granted but 
 
 8164 not heretofore actually exercised or the exercise of which shall 
 have been suspended for more than one year without first having 
 obtained the permission and approval of the proper commissions. 
 Laws igio, ch. 480, sec. 68. 
 
 OHIO No telephone company shall exercise any per- 
 
 mit, right, license or franchise that may have been heretofore 
 granted but not actually exercised to own or operate a plant for 
 the furnishing of any telephone service thereunder in any munic- 
 
 1 "Public service corporation," in Arizona. 
 
 821 
 
3165 ipality or locality where there is in operation a telephone com- 
 pany furnishing adequate service unless such telephone company 
 has secured from commission a certificate after public hearing of 
 all parties interested that the exercise of such license or such 
 permit, right or franchise is proper and necessary for the public 
 convenience. Laws igii, no. j2$, sec. 54. 
 
 J. Conditions Precedent to the Issue of Certificates. 
 
 ARIZONA, CALIFORNIA 
 
 Before any certificate may issue imder this 
 section, a certified copy of its articles of incorporation or charter, 
 if the applicant be a corporation, shall be filed in the office of 
 commission. Every applicant for a certificate shall file in the 
 office of commission such evidence as shall be required by com- 
 mission to show that such applicant has received the required 
 consent, franchise or permit of the proper county, city and 
 
 3156 county, municipal or other public authority. Commission shall 
 have power, after hearing, to issue such certificate, as prayed 
 for, or to refuse to issue the same, or to issue it for the construc- 
 tion of a portion only of the contemplated street railroad, line, 
 plant or system, or extension thereof, or for the partial exercise 
 only of said right or privilege, and may attach to the exercise of 
 the rights granted by such certificate such terms and conditions 
 as in its judgment the public convenience and necessity may 
 require. Ariz. — Sess. Laws ipi2, ch. go, sec. jo{c); Cat. — Stats. 
 iQiiy ist. ex. sess., ch. 14, sec. 5o{c). 
 
 If a public utility! desires to exercise a right or privilege 
 under a franchise or permit which it contemplates securing, but 
 which has not as yet been granted to it, such public utility ^ may 
 apply to commission for an order preliminary to the issue of the 
 certificate. Commission may thereupon make an order declar- 
 
 3157 ing that it will thereafter, upon application, under such rules and 
 regulations as it may prescribe, issue the desired certificate upon 
 such terms and conditions as it may designate after the public 
 utility 1 has obtained the contemplated franchise or permit. 
 Upon the presentation to commission of evidence satisfactory to 
 it that such franchise or permit has been secured by such public 
 utility 1 commission shall thereupon issue such certificate. Same. 
 
 MARYLAND Before such certificate shall be issued a certi- 
 
 fied copy of the charter of such gas or electrical corporation shall 
 be filed in the office of commission, together with a verified 
 
 * " Public service corporation," in Arizona. 
 
 822 
 
statement of the president and secretary of the corporation 
 
 3158 showing that it has received the required consent of the proper 
 municipal authorities. If the certificate of authority is refused, 
 no further proceedings shall be taken before commission, but a 
 new application may be made therefor after one year from the 
 date of refusal. Laws igio, ch. i8o, sec. jj. 
 
 NEW YORK Before such certificate shall be issued a cer- 
 
 tified copy of the charter of such gas or electrical corporation 
 
 3159 shall be filed in the office of commission together with a verified 
 statement of the president and secretary of the corporation 
 showing that it has received the required consent of the proper 
 municipal authorities. Laws igio, ch. 480, sec. 68. 
 
 Before any such certificate shall be issued there must be 
 filed in the office of commission by the telegraph or telephone 
 
 3160 corporation applicant therefor a verified statement showing that 
 the required consent of the proper municipal authorities has 
 been obtained. Same, sec. gp(i). 
 
 WISCONSIN See par. 3141. 
 
 B. RELATIONS BETWEEN STATE COMMIS- 
 SIONS AND MUNICIPALITIES. 
 
 CALIFORNIA Every private corporation, and every indi- 
 
 vidual or association of individuals, owning, operating, manag- 
 ing, or controlling any commercial railroad, interurban railroad, 
 street railroad, canal, pipe line, plant, or equipment, or any 
 part of such railroad, canal, pipe line, plant or equipment within 
 this state, for the transportation or conveyance of passengers, 
 or express matter, or freight of any kind, including crude oil, 
 or for the transmission of telephone or telegraph messages, or 
 
 3161 for the production, generation, transmission, delivery or fur- 
 nishing of heat, light, water or power or for the furnishing of 
 storage or wharfage facilities, either directly or indirectly, to or 
 for the public, and every common carrier, is hereby declared to 
 be a public utility subject to such control and regulation by 
 commission as may be provided by the legislature, and every 
 class of private corporations, individuals, or associations of indi- 
 viduals hereafter declared by the legislature to be public utilities 
 shall likewise be subject to such control and regulation. Const., 
 art. xii, sec. 2j, as amended Oct. 10, igii. 
 
 823 
 
Commission shall have and exercise such power and juris? 
 diction to supervise and regulate public utilities, in this state 
 and to fix the rates to be charged for commodities furnished oi 
 
 sie2 services rendered by public utilities as shall be conferred upor 
 it by the legislature, and the right of the legislature to confer 
 powers upon commission respecting public utilities is hereby 
 declared to be plenary and to be unlimited by any provision of 
 this constitution. Same. 
 
 From and after the passage by the legislature of laws con- 
 ferring powers of commission respecting public utilities, all 
 powers respecting such public utilities vested in boards of super- 
 visors, or municipal counvSels, or other governing bodies of the 
 several counties, cities and counties, cities and towns, in this 
 state, or in any commission created by law and existing at the 
 time of the passage of such laws, shall cease so far as such powers 
 shall conflict with the powers so conferred upon commission; 
 provided, however, that this section shall not affect such powers 
 of control over any public utility vested in any city or county 
 or incorporated city or town as, at an election to be held pur- 
 suant to laws to be passed hereafter by the legislature, a majority 
 
 8183 of the qualified electors voting thereon, of such city and county, 
 or incorporated city or town, shall vote to retain, and until such 
 election such power shall continue unimpaired; but if the vote 
 so taken shall not favor the continuation of such powers they 
 shall thereafter vest in commission as provided by law; and 
 provided, further, that where any such city and county or incor- 
 porated city or town shall have elected to continue any powers 
 respecting pubHc utilities, it may, by vote of a majority of its 
 qualified electors voting thereon, thereafter surrender such powers 
 to commission in the manner to be prescribed by the legislature ; 
 or if such municipal corporation shall have surrendered any 
 powers to commission, it may, by like vote, thereafter reinvest 
 itself with such power. Same. 
 
 Nothing in this section shall be construed as a limitation 
 
 S164 upon any power conferred upon commission by any provision 
 of this constitution now existing or adopted concurrently here- 
 with. Same. 
 
 This act shall not affect such powers of control over any 
 public utility vested in any city and county or incorporated 
 city or town as, at an election to be held purvSuant to laws to 
 be hereafter passed by the legislature, a majority of the quali- 
 fied electors voting thereon of such city and county, or incor- 
 
 824 
 
porated city or town, shall vote to retain, and until such elec- 
 tion such powers shall continue unimpaired in such city and 
 county or incorporated city or town; but if the vote so taken shall 
 
 3165 not favor the continuation of such powers they shall thereafter 
 vest in the commission; provided, that where any such city and 
 county or incorporated city or town shall have elected to con- 
 tinue any powers respecting public utilities, it may, by a vote of a 
 majority of its qualified electors voting thereon, thereafter sur- 
 render such powers to the commission in the manner to be pre- 
 scribed by the legislatiu*e ; or if such municipal corporation shall 
 have surrendered any powers to the commission, it may, by like 
 vote, thereafter reinvest itselt with such power. Siats. igii, 
 I St. ex. sess., ch. 14, sec. 82. 
 
 Any city and county, or incorporated city or town, may re- 
 tain its powers of control vested therein respecting any one or 
 more classes of public utilities and may thereafter surrender such 
 
 8166 powers to the railroad commission of the state of California, 
 hereinafter called the railroad commission, or may reinvest itself 
 with such powers as it may have surrendered to the railroad com- 
 mission, all as in this act provided. Stats. loii, isi. ex. sess., 
 ch. 40, sec. I. 
 
 The term "municipal corporation, " as used in this act shall 
 be construed to mean a city and county, or an incorporated city 
 
 3167 or town. The term ''legislative body, " as used in this act, shall 
 be construed to mean the board of supervisors, municipal council, 
 commission or other legislative or governing body of a municipal 
 corporation. Same, sec. 2. 
 
 The terms "railroad corporation," "street railroad corpor- 
 ation," "common carrier," "gas corporation," "electrical cor- 
 poration," "water corporation," "telephone corporation," 
 
 3168 "telegraph corporation," "wharfinger," "warehouseman" and 
 "public utility," as used in this act, shall severally have the 
 same meaning as is given to them, respectively, in section two of 
 the act known as the "public utilities act." Same, sec. j. 
 
 The question whether any mtmicipal corporation shall re- 
 tain its powers of control respecting one or more classes of public 
 utilities may be submitted to the qualified electors of such 
 municipal corporation, as provided in this act, either at a general 
 municipal election or at a special election held therein. Such 
 question may be so submitted, either in pursuance of an ordinance 
 of intention adopted by a vote of three-fifths of all the members 
 of the legislative body of such mimicipal corporation, declaring 
 
 825 
 
that the public interest requires the submission of, and that it is 
 the intention of such legislative body to submit, such question 
 to a vote of the qualified electors of such municipal corporation, 
 or in pursuance of a petition of qualified electors of such munic- 
 ipal corporation, as hereinafter provided. Such ordinance of 
 intention or such petition as the case may be, shall contain the 
 3169 propositions proposed to be so submitted, as set forth in section 
 six of this act. Such petition shall be signed by qualified 
 electors of such municipal corporation, equal in number to ten 
 per cent, of such qualified electors, computed upon the total 
 ntimber of votes cast in such municipal corporation for all 
 candidates for governor at the last preceding general election 
 prior to the filing of such petition at which a governor was 
 
 elected But if, by the certificate of the clerk, such 
 
 petition, or such petition together with a supplemental peti- 
 tion, is shown to be sufficient, the clerk shall forthwith present 
 the same to the legislative body of such municipal corporation. 
 The sufficiency or insufficiency of such petition shall not be sub- 
 ject to review by such legislative body. After the election held 
 in pursuance of such petition, the sufficiency of such petition in 
 any respect shall not be subject to judicial review or be otherwise 
 questioned Same, sec. 4. 
 
 Upon the adoption of such ordinance of intention, or the 
 presentation as aforesaid of such petition, as provided in section 
 four of this act, the legislative body of such mimicipal corpora- 
 tion shall, by ordinance, order the holding of a special election 
 for the purpose of submitting to the qualified electors of such 
 municipal corporation the propositions set forth in such ordinance 
 of intention or in such petition, as the case may be, which prop- 
 ositions shall be those set forth in section six of this act, or such 
 legislative body shall, by ordinance, order the submission of such 
 propositions at a general mimicipal election, as hereinafter pro- 
 8170 vided. Such special election shall be held not less than 20 days 
 nor more than 60 days after the adoption of the ordinance of 
 intention provided for in section four of this act, or the presenta- 
 tion of such petition to said legislative body; provided, that if a 
 general municipal election shall occur in said municipal corpora- 
 tion not less than 20 days nor more than 60 days after the adop- 
 tion of said ordinance of intention or the presentation of said 
 petition to said legislative body, said propositions may be sub- 
 mitted at such general municipal election, in the same manner as 
 other propositions are required by law to be submitted at gen- 
 
 826 
 
eral municipal elections in such municipal corporation 
 
 Same, sec. 5. 
 
 If it shall appear from the result of such election, as 
 
 so declared, that a majority of the qualified electors of such munic- 
 ipal corporation voting on any proposition submitted, as provided 
 in section five of this act, shall have voted to retain the powers of 
 control of such municipal corporation respecting any particular 
 class of public utility, such municipal corporation shall be deemed 
 to have elected to retain such powers of control respecting such 
 class of public utility, and such powers shall be exercised by such 
 mimicipal corporation imtil the same may be surrendered as 
 hereinafter provided ; and if it shall appear from the result of such 
 election, as so declared, that a majority of such qualified electors 
 so voting on any such proposition shall have voted not to retain 
 3171 such powers respecting any class of public utility, such municipal 
 corporation shall be deemed to have elected not to retain such 
 powers of control respecting such class of public utility, and such 
 power of control shall thereafter vest in and be exercised by the 
 
 railroad commission as provided by law Immediately 
 
 upon the filing of such certified copy of such order in the office of 
 the railroad commission, the powers of control theretofore vested 
 in such municipal corporation over any class or classes of public 
 utilities which a majority of the qualified electors of such munic- 
 ipal corporation voting thereof shall have voted not to retain, as 
 shown by such order, shall thereupon vest in and be exercised by 
 the railroad commission, imtil such municipal corporation shall 
 reinvest itself with such powers of control as hereinafter provided. 
 Same, sec. 7. 
 
 Any mimicipal corporation which shall have voted to re- 
 tain the powers of control vested therein respecting any class or 
 classes of public utilities, or which may have reinvested itself with 
 8172 such power, as hereinafter provided, may thereafter surrender 
 its powers of control as to such class or classes of public utilities 
 at a general municipal election or a special election therein, 
 called for that purpose Same, sec. 8. 
 
 Any mimicipal corporation that shall have surrendered to 
 the railroad commission powers of control respecting any class 
 of public utility may thereafter reinvest itself with such powers by 
 a vote of the qualified electors thereof taken at a general munic- 
 ipal election or at a special election The provisions of 
 
 sections four, five and seven of this act, in so far as applicable, 
 shall apply to elections called, conducted and held under the pro- 
 
 827 
 
visions of this section and to general municipal elections at which 
 such propositions shall be submitted. If it shall appear from the 
 result of such election, declared as provided in said section seven, 
 that a majority of the qualified electors of such municipal cor- 
 poration voting on any proposition submitted as provided in this 
 section shall have voted to reinvest such municipal corporation 
 with powers of control respecting any particular class of public 
 utility, such mimicipal corporation shall be deemed to have re- 
 
 8173 invested itself with such powers, and upon the filing in the office 
 of the railroad commission of a certified copy of the order de- 
 claring the result of such election the powers of control with 
 which such municipal corporation shall have voted to reinvest 
 itself, as shown by such order, shall cease to be exercised by the 
 railroad commission, and shall vest in and be exercised by such 
 municipal corporation and if it shall appear from the result of 
 such election, as declared, that a majority of the qualified elec- 
 tors of such municipal corporation voting on any such proposition, 
 as provided in this section, shall have voted not to reinvest such 
 mimicipal corporation with powers of control respecting any par- 
 ticular class of public utility, such powers of control shall con- 
 tinue in and be exercised by the railroad commission; provided, 
 that such municipal corporation may thereafter reinvest itself 
 with such powers of control at any subsequent election at which 
 such question may be again so submitted imder the provisions of 
 this act. Same, sec. g. 
 
 The holding of a special election or elections, or the sub- 
 mission of propositions at any general municipal election, under 
 any of the provisions of this act, shall not be construed to pre- 
 clude the holding of a subsequent special election or elections or 
 
 8174 the subsequent submission of propositions at a general municipal 
 election or elections, on the question of the retention, surrender 
 or reinvestment by a municipal corporation of its powers of con- 
 trol respecting any class or classes of public utilities, as in this 
 act provided; provided, that no more than one such special elec- 
 tion shall be held within any period of 12 months. Same, sec. 10. 
 
 GEORGIA See par. 255. 
 
 KAJ^SAS The power and authority to control and regu- 
 
 late all public utilities and common carriers situated and operated 
 
 8175 wholly or principally within any city or principally operated for 
 the benefit of such city or its people shall be vested exclusively 
 in such city subject only to the right to apply for relief to com- 
 mission. Laws iQii, ch. 2j8, sec. j. 
 
 838 
 
A public utility which owns or operates a separate equipment, plant 
 or machinery for any of the specified purposes in two or more cities is 
 not within this exception. State vs. Wyandotte County Gas Company, 
 Supreme Court of Kansas, no. 18221, November, igi2. 
 
 Every municipal council or commission shall have the power 
 and authority, subject to any law in force at the time, to con- 
 tract with any public utility or common carrier, situated and 
 operated wholly or principally within any city or principally 
 operated for the benefit of such city or its people, by ordinance or 
 resolution, duly considered and regularly adopted: (i) As to 
 the quality and character of each kind of product or service to 
 be furnished or rendered by any public utility or common car- 
 rier, and the maximimi rates and charges to be paid therefor to 
 the public utility or common carrier furnishing such product or 
 service within said municipality, and the terms and conditions, 
 not inconsistent with this act or any law in force at the time, 
 imder which such public utility or common carrier may be per- 
 mitted to occupy the streets, highways or other public property 
 within such municipality. (2) To require and permit any pubhc 
 S176 utility or common carrier to make such additions or extensions 
 to its physical plant as may be reasonable and necessary tor 
 the benefit of the public, and may designate the location and 
 nature of such additions and extensions and the time within 
 which such shall be completed, and the terms and conditions 
 under which the same shall be constructed. (3) To provide a 
 reasonable and lawful penalty for the non-compliance with the 
 provision of any ordinance or resolution adopted in pursuance 
 with the provisions hereof; provided, however, that no ordi- 
 nance or resolution granting or extending any right, privilege or 
 franchise shall be in force or effect until 30 days after the same 
 shall have been duly published; nor if any complaint be made, 
 as hereinafter provided for, shall said ordinance or resolution 
 be in effect while any proceedings to review before said com- 
 mission or action or appeal in any court in relation thereto shall 
 be pending. Same, sec. 33. 
 
 Upon any complaint being made, within 15 days after the 
 publication of any such ordinance or resolution, to the commis- 
 sion by any such public utility or common carrier, or by ten or 
 more taxpayers of any such municipality a bond to pay the costs 
 « of the hearing having first been filed by the complainant with and 
 approved by the said commission, that any right, ^"privilege or 
 franchise granted, or ordinance or resolution or part '^of_ any 
 
 829 
 
ordinance or resolution adopted, by any municipal council or 
 commission is unreasonable, or against public policy, or detri- 
 mental to the best interests of the city, or contrary to any pro- 
 visions of law, the commission shall set a date for the hearing of 
 such complaint, not less than ten days after date of filing thereof, 
 and shall cite the parties interested to appear on the date named, 
 which date shall be not less than ten days after the fixing of the 
 date of the hearing, and on that date, or at a time agreed upon by 
 the interested parties, or a date fixed by the commission, the com- 
 plainant shall present such evidence as they or it may have in 
 support thereof, and show why such complaint should be sus- 
 tained, and the commission may inquire into the allegations in 
 such complaint, and may subpoena witnesses, and take testi- 
 3177 mony to ascertain the truth of the allegations contained therein in 
 contemplation of bringing an action as hereinafter provided; and 
 if said commission shall find that any provision of any such ordi- 
 nance or resolution is imreasonable, or against the public wel- 
 fare or public interest, or has reason to believe that the same may 
 be contrary to law, said commission shall within ten days ad- 
 vise and recommend such changes in the ordinance or resolution 
 as may be necessary to meet the objections set forth in the com- 
 plaint and protect the public interest, and to remove any un- 
 reasonable provision therefrom; and if such municipal council or 
 commission shall not within 20 days thereafter amend such ordi- 
 nance or resolution to conform to the recommendations of said 
 commission, the commission may, in the name of the state of 
 Kansas, within 30 days after such finding, commence proceedings 
 against such municipal council or commission and common car- 
 rier or public utility in any court of competent jurisdiction, to 
 set aside any ordinance or resolution, or part thereof, because of 
 its unreasonableness or illegality, or because the same is not for 
 the promotion of the welfare and best interests of said municipal- 
 ity, which action and proceedings shall be in conformity with the 
 provisions of this act. Same. 
 
 KENTUCKY See par. 1187. 
 
 MAINE Said street railroads shall be constructed and 
 
 maintained in such form and manner, and with such rails and 
 upon such grade as the municipal officers of the cities and towns 
 where the same are located may direct, and whenever in the 
 judgment of such corporation it shall be necessary to alter the 
 grade of any city, town or county road, said alterations shall be 
 
 HT8 made at the sole expense of said corporation with the assent and 
 
 830 
 
 I 
 
in accordance with the directions of said municipal officers. The 
 said corporation may at any time appeal from the decisions of 
 such municipal officers determining the form and manner of the 
 construction and maintenance of its railroad and the kind of 
 rail to be used, to the commission who shall upon notice hear 
 the parties and finally determine the questions raised by said 
 appeal. Rev. Stais. 190J, ch. 55, sec. ig. 
 
 The municipal officers of any town may make at all times 
 such regulations as to the mode of use of tracks of any street 
 railroad, the sprinkling and watering in cities by any street rail- 
 road of the space between and one foot beyond the outer rails of 
 said tracks for the purpose of laying the dust, the rate of speed 
 
 3179 and the removal and disposal of snow and ice from the streets, 
 roads and ways, by any street railroad corporation, as the public 
 safety and convenience may require. Any street railroad cor- 
 poration may appeal from the decision of such mtinicipal officers 
 making any regulation under this section to the commission, who 
 shall upon notice hear the parties and finally determine the 
 questions raised by said appeal. Same, sec. 25. 
 
 NEVADA See par. 304. 
 
 NEW JERSEY No privilege or franchise hereafter granted to 
 
 any public utility by any political subdivision of this state shall 
 be valid imtil approved by commission, such approval to be 
 given when, after hearing, commission determines that such 
 
 3180 privilege or franchise is necessary and proper for the public con- 
 venience and properly serves the public interests, and com- 
 mission shall have power in so approving to impose such con- 
 ditions as to construction, equipment, maintenance, service or 
 operation as the public convenience and interests may reasonably 
 require. Laws igii, ch. igj, sec. 24. 
 
 NEW YORK If in any city of the first or second class there 
 
 now exists or shall hereafter be created a board, body or officer 
 having jurisdiction of matters pertaining to gas or electric 
 
 3181 service, such board, body or officer shall have and may exercise 
 such power, jurisdiction and authority in enforcing the laws of 
 the state and the orders, rules and regulations of the commission 
 as may be prescribed by statute or by the commission. Laws 
 igio, ch. 480, sec. 77. 
 
 OHIO Any mimicipal corporation in which any 
 
 public utility is established may by ordinance at any time within 
 one year before the expiration of any contract entered into imder 
 
 831 
 
the provisions of sections 3644, 3982 and 3983 of the general 
 code between the municipality and such public utility with re- 
 8182 spect to the rate, price, charge, toll or rental to be made, charged, 
 demanded, collected or exacted for any commodity, utility or 
 service by such public utility or at any other time authorized by 
 law proceed to fix the price, rate, charge, toll or rental that such 
 public utility may charge, demand, exact or collect therefor for 
 an ensuing period as provided in said sections. Laws igii, no. 
 325, sec. 46. 
 
 Thereupon commission upon complaint in writing of such 
 public utility or upon complaint of one per cent, of the electors of 
 such mimicipal corporation, which complaint shall be filed 
 3183 within 60 days after the passage of such ordinance, shall give 30 
 days' notice of the filing and pendency of such complaint to the 
 public utility, and the mayor of such municipality of the time and 
 place of the hearing thereof and which shall plainly state the 
 matters and things complained of. Same. 
 
 If any public utility shall have accepted any rate, price, 
 charge, toll or rental fixed by ordinance of such municipality the 
 same shall become operative imless within 60 days after such 
 acceptance there shall have been filed with commission a com- 
 plaint signed by not less than three per cent, of the qualified 
 
 8184 electors of such municipality. Upon such filing commission 
 shall forthwith give notice of the filing and pendency of such 
 complaint to the mayor of such municipality and fix a time and 
 place for the hearing thereof. Commission shall at such time 
 and place proceed to hear such complaint and may adjourn the 
 hearing thereof from day to day. Same. 
 
 The filing of the complaint by a public utility, as herein pro- 
 vided, shall be taken and held to be the consent of such public 
 utility to continue to furnish its product or service and devote its 
 
 8185 property engaged therein to such public use during the term so 
 fixed by ordinance, or by the provisions of this act. Parties 
 thereto shall be entitled to be heard represented by counsel and 
 to have process to force the attendance of witnesses. Same. 
 
 No such complaint or appeal to commission shall suspend, 
 vacate or set aside the rate, price, charge, toll, or rental fixed by 
 ordinance unless such public utility shall elect to charge the rate, 
 price, charge, toll or rental in force and effect immediately prior 
 to the taking effect of the regulation complained of and appealed 
 •from and shall give an undertaking in such amounts as commis- 
 sion shall determine. The imdertaking shall be filed with com- 
 
 832 
 
3186 mission and shall be payable to the state of Ohio for the use and 
 benefit of the consumers affected by the regulation in question. 
 The condition of the tmdertaking shall be that such public utility 
 shall refund to each of its constimers, public or private, the 
 amount collected by it in excess of the amount which shall finally 
 be determined it was authorized to collect from such consimiers. 
 Commission shall make all necessary orders in respect to the form 
 of such undertaking and the manner of making such refunders. 
 Same, sec. 47. 
 
 If commission after such hearing shall be of the opinion that 
 the rate, price, charge, toll or rental so fixed by ordinance is or 
 will be tmjust or unreasonable or insufficient to yield reasonable 
 compensation for the service, commission shall fix and determine 
 the just and reasonable rate, price, charge, toll or rental to be 
 
 8187 charged, demanded, exacted or collected by such public utility 
 during the periods so fixed by ordinance, which shall not be less 
 than two years, and order the same substituted for the rate, price, 
 charge, toll or rental so fixed by ordinance, or commission may 
 find and declare that the rate, price, charge, toll or rental so 
 fixed by ordinance is just and reasonable, and ratify and con- 
 firm the same. Same, sec. 48. 
 
 No such rate, price, charge, toll or rental so determined by 
 commission shall become effective or valid until after commis- 
 
 3188 sion shall have ascertained and determined the valuation upon 
 which such price, charge, toll or rental is based as provided in 
 this act. And such valuation so determined shall be at all time 
 open to public inspection. Same. 
 
 Thereupon commission shall make inquiry and investigation 
 with respect to the ability of such public utility to furnish its prod- 
 uct during such period. If it be found that it is able so to do com- 
 
 3189 mission shall order the public utility in question to continue to 
 furnish the same for the period and at the rate, price, charge, toll 
 or rental so fixed and determined, and such public utility shall 
 continue to furnish its product as provided in such order. Same. 
 
 This act shall not apply to any rate, fare or regulation now 
 or hereafter prescribed by any municipal corporation granting 
 a right, permission, authority or franchise to use its streets, 
 
 3190 alle^^s, avenues or public places, for street railway or street 
 railroad purposes, or to any prices so fixed imder sections 3644, 
 3982 and 3983 of the general code, except as provided in sec- 
 tions 46, 47 and 48 of this act. Same, sec. 49. 
 
 The coimcil of any mimidpality shall have the power 
 
 833 
 
upon filing of an application therefor by any person, firm or 
 corporation, to require of any public utility, by ordinance or 
 otherwise, such additions or extensions to its distributing plant 
 within such municipality as shall be deemed reasonable and 
 necessary in the interest of the public, and subject to the pro- 
 visions of section 9105 of the general code to designate the loca- 
 tion and nature of all such additions and extensions, the time 
 3191 within which they must be completed, and all conditions under 
 which they must be constructed and operated. Such require- 
 ments and orders of the council shall be subject to review by 
 commission. The council and commission in determining the 
 practicability of such additions and extensions, shall take into 
 consideration the supply of the product furnished by such public 
 utility available, and the returns upon the cost and expense of 
 constructing said extension and the amount of revenue to be de- 
 rived therefrom, as well as the earning power of the public utility 
 as a whole. Same, sec. 55. 
 
 OREGON Every municipality shall have power: (i) To 
 
 determine by contract, ordinance or otherwise the quality and 
 character of each kind of product or service to be furnished or 
 rendered by any public utility furnishing any product or service 
 within said municipality and all other terms and conditions not 
 inconsistent with this act upon which such public utility may 
 be permitted to occupy the streets, highways or other public 
 property within such municipality, and such contract, ordinance 
 or other determination of such municipality, shall be in force 
 and prima facie reasonable. Upon complaint made by vsuch 
 public utility or by any qualified complainant as provided in 
 section 41, the commission shall set a hearing as provided in 
 section 42 and if it shall find such contract, ordinance or other 
 determination to be unreasonable, such contract, ordinance or 
 other determination shall be void; provided, however, that no 
 ordinance or other municipal regulation shall be reviewed by 
 
 8192 the commission under the provisions of this section which was 
 prior to such review enacted by the initiative or which was prior 
 to such review referred to and approved by the people of said 
 municipality, or while a referendum thereon is pending. (2) To 
 require of any public utility by ordinance or otherwise such 
 modifications, additions and extensions to its physical equip- 
 ment, facilities or plant or service within said municipality as 
 shall be reasonable and necessary in the interest of the public, 
 and to designate the location and nature of all such additions and 
 
 834 
 
extensions, the time within which they must be completed, and all 
 conditions under which they must be constructed subject to re- 
 view by the commission as provided in this section. (3) To 
 provide for a penalty for non-compliance with the provisions of 
 any ordinance or resolution adopted pursuant to the provisions 
 hereof. (4) The power and authority granted in this section 
 shall exist and be vested in said municipalities, anything in this 
 act to the contrary notwithstanding. Gen. Laws igii, ch. zyg, 
 sec. 61. 
 
 RHODE ISLAND Every franchise granted to any public utility 
 by any town or city and all contracts, ordinances, rules, regu- 
 lations and orders entered into or made by any town or city 
 regulating the use and enjoyment of rights and franchises granted 
 to any public utility imder the provisions of any general or special 
 
 8193 law, shall be subject to the continuing control of the commis- 
 sion in the exercise of the powers enumerated in this act, and dur- 
 ing the existence thereof, every such franchise, contract, ordi- 
 nance, rule, regulation and order shall be deemed to include, 
 and be subject to, the exercise by the commission of any and all 
 of the powers of regulation provided for in this act. Acts igi2, 
 ch. 7g5, sec. 51. 
 
 The use and enjoyment of all rights and franchises granted 
 tinder the^provisions of this chapter shall be subject to such 
 reasonable rules and regulations and orders, controlling the ex- 
 tent and quality of construction and service to be maintained by 
 the corporation to which such rights are granted, and prescribing 
 the location and arrangement of its tracks, poles, wires or con- 
 duits, and their appurtenances, as are, or may be from time to 
 time, enacted by the town or city councils. In case any such 
 S194 regulation or enactment shall seem to any such corporation to 
 be imreasonable, such corporation, within 30 days after the same 
 has been passed, may complain to the commission setting forth 
 that such regulation or order is not reasonable in the premises; 
 and thereupon said commission shall proceed to hear and de- 
 termine the matter in accordance with the provisions of the 
 public utilities act; subject, however, to the right of appeal to 
 the supreme coiirt therein contained. Gen. Laws, ch. gi, sec. 
 5, as amended by Acts igi2, ch. yg^, sec. 52. 
 
 VERMONT Nothing in this act or previous statutes shall 
 
 be construed as giving the public service commission power to 
 prevent or restrict competition or limit the number of persons 
 
 S199 or companies who may engage in the business of furnishing light, 
 
 835 
 
heat, power, or any other business subject to supervision under 
 the provisions of this act in any town. Acts igo8, no. ii6, sec. 
 
 23- 
 
 See also par. 3130. 
 
 WASfflNGTON See par. 1044. 
 
 WISCONSIN Every municipal council shall have power: 
 
 (i) To determine by contract, ordinance or otherwise the qual- 
 ity and character of each kind of product or service to be furnished 
 or rendered by any public utility furnishing any product or serv- 
 ice within said municipality and all other terms and conditions 
 not inconsistent with this act upon which such public utility may 
 be permitted to occupy the streets, highways or other public 
 property within such municipality and such contract, ordinance 
 or other determination of such municipality shall be in force and 
 prima facie reasonable. Upon complaint made by such public 
 utility or by any qualified complainant as provided in section 
 i797m-43, the commission shall set a hearing as provided in ' 
 sections i797m-45 and i7Q7m-46, and if it shall find such 
 
 3196 contract, ordinance or other determination to be unreavSonable, 
 such contract, ordinance or other determination shall be void. 
 (2) To require of any public utility by ordinance or otherwise 
 such additions and extensions to its physical plant within 
 said mimicipality as shall be reasonable and necessary in the 
 interest of the public, and to designate the location and nature 
 of all such additions and extensions, the time within which they 
 must be completed and all conditions under which they must be 
 constructed subject to review by the commission as provided in 
 subdivision i of this section. (3) To provide for a penalty for 
 non-compliance with the provisions of any ordinance or resolu- 
 tion adopted pursuant to the provisions hereof. (4) The power 
 and authority granted in this section shall exist and be vested 
 in said municipalities anything in this act to" the contrary not- 
 withstanding. Laws iQoy, ch. 4gg, sec. lygym-Sy. 
 
 See also pars. 24g4, j2o6, 32og, 321 1, 321^, 3216, 3226, 
 3228, 3233. 
 
 836 
 
C. INDETERMINATE FRANCHISES AND 
 RIGHT OF MUNICIPALITY TO PUR- 
 CHASE. 
 
 MASSACHUSETTS If, when a city or town votes to establish a 
 municipal lighting plant, any person or corporation engaged at 
 the time of the first vote required by sections two and three of 
 this chapter in the business of generating or distributing gas or 
 electricity for sale for lighting purposes in such city or town 
 shall elect to sell in the manner hereinafter provided, the city 
 or town shall purchase of him or it such portion of his or its 
 plant and property within the Hmits of such city or town as is 
 suitable for and is used in connection with such business. Such 
 purchase shall be required to include both a gas and electiic 
 lighting plant only if a single corporation owns or operates both 
 such plants. If the main gas works or the central electric light- 
 ing station lie within the city or town limits, such city or town 
 shall purchase the whole of such plant and the property used in 
 connection therewith, lying within such limits, at its fair mar- 
 ket value for the purposes of its use; but no portion of such 
 plant shall be estimated at less than its fair maiket value for 
 any other purpose, including, as an element of value (locations 
 or similar rights and) the damages, if any, caused by the sever- 
 ance of any portion of such plant lying outside such city or 
 town limits, if they are not purchased by the city or town, and 
 excluding any mortgage or other encumbrance or lien to which 
 such plant or any part thereof may be subject at the time of 
 such purchase. The city or town may require the plant and 
 property to be transferred to it free of any mortgage or lien 
 unless the commissioners appointed under the provisions of the 
 
 S197 following section otherwise determine. Such value shall be 
 estirnated without enhancement on account of future earning 
 capacity or good will or of exclusive privileges derived from 
 rights in the public streets. If the main gas works or central 
 electric lighting stations of such plant lie without the city or 
 town limits, the city or town shall purchase only that portion 
 of the plant or property within its limits, estimating its value 
 as above provided, but without allowance of damages on account 
 of severance of plant. No city or town shall be required to buy 
 any apparatus or appliances which are covered by letters patent 
 of the United States or embody a patentable invention unless a 
 
 837 
 
complete right to use the same and all other apparatus or appli- 
 ances necessary for its use, to such extent as such city or town 
 shall reasonably require, shall be assigned or granted to it at a 
 cost as low as it would be to the person or corporation whose 
 plant is purchased. No city or town shall be required to buy 
 any property unnecessarily added to a plant after the passage 
 of its first vote under the provisions of sections two or three, 
 nor any property except such as would be suitable for the ordi- 
 nary business of the vendor. If any property or plant which 
 the city or town would be entitled or required to buy would not 
 be available to it if purchased, by reason of liens, interests of 
 third parties, private contracts or other causes whereby the city 
 or town would be at a greater disadvantage in its use than the 
 vendor, it may be released from buying the same, or it may be 
 allowed an equitable discount from the purchase price as the 
 commissioners provided for in the following section determine. 
 Rev. Laws igo2, ch. J4, sec. lo. 
 
 The owner of any plant for the manufacture or distribu- 
 tion of gas or electricity for light, heat or power in the city or 
 town, who desires to sell the same under the provisions of this 
 chapter, shall within 60 days after the passage of the final vote 
 of the city or town required by section three of this chapter, 
 file with the clerk of the city or town a good and sufficient con- 
 veyance duly executed of such parts of his plant as defined in 
 section ten of this chapter as he desires to sell, together with a 
 detailed schedule of the plant included in the conveyance and 
 a statement of the price which he is willing to accept in pay- 
 ment for the same. Upon the filing of this conveyance the 
 property thereby conveyed shall vest in the city or town, which 
 shall be entitled to the immediate possession and use of the 
 property conveyed; and the owner shall surrender possession of 
 S198 the same upon request. A city by vote of the city council, and 
 a town by vote of the selectmen, may agree with the owner 
 upon the price to be paid for the plant conveyed; but said 
 agreement as to price shall not be binding in towns until ratified 
 by a majority vote at a town meeting called for action thereon; 
 but if the city or town does not agree with the owner as to such 
 price, or notifies him within 30 days after the filing of the con- 
 veyance that it is dissatisfied with the contents thereof, either 
 as including property which ought not to have been included or 
 as not including property which ought to have been included, 
 either party may, within 60 days after the filing of the convey- 
 
 838 
 
ance, apply to the supreme judicial court for the county in which 
 the city or town is situated for the appointment of commis- 
 sioners to determine what property ought to have been included 
 in the conveyance and the value thereof. Same, sec. ii, as amend- 
 ed by Acts 1905, ch. 410, sec. i. 
 
 If a city or town acquires a gas or electric lighting plant, 
 
 3199 the right of any person or corporation from whom such plant 
 was acquired to manufacture and distribute gas or electricity 
 within its limits shall cease. Same, sec. I'j. 
 
 No city or town having within its limits the main gas works 
 or the central electric lighting station, or the major portion of 
 the wires, poles, conduits or pipes used in connection with any 
 such works or plants, shall, except for a violation of the terms 
 or conditions upon which the same were granted or for a vio- 
 lation of law respecting the exercise thereof, revoke any rights 
 granted to any person or corporation engaged in the business 
 of manufacturing or distributing gas or electricity for sale for 
 lighting purposes, after the introduction of the first vote author- 
 
 3200 izing the establishment of a municipal lighting plant in a city 
 council under the provisions of section two or after the calling of 
 a town meeting under a warrant including an article on the pas- 
 sage of such vote, until the proceedings so begun have been 
 finally determined by granting or denying authority to estab- 
 lish such plant. After the passage and ratification of both 
 votes required by sections two or three, no city or town, except 
 as hereinbefore provided, shall revoke any rights, locations or 
 licenses granted to any such person or corporation. Same, sec. 
 
 WISCONSIN No license, permit or franchise shall be granted 
 
 to any person, copartnership or corporation to own, operate, 
 manage or control any plant or equipment for the production, 
 transmission, delivery or furnishing of heat, light, water or 
 power in any municipality, where there is in operation imder an 
 indeterminate permit, as provided in this act, a public utility 
 engaged in similar service, and no telephone exchange for fur- 
 nishing local service to subscribers within any village or city 
 shall be installed in such village or city by any public utility, 
 other than those already furnishing such telephone service 
 therein, where there is in operation in such village or city a 
 public utility engaged in similar service, without first securing 
 
 3201 from the commission a declaration after a public hearing of all 
 parties interested, that public convenience and necessity require 
 
 839 
 
such second public utility. This subsection shall not prevent 
 or impose any condition upon the extension of any telephone 
 line from any town into or through any city or village for the 
 purpose of connecting with any telephone exchange in such 
 city or village or connecting with any other telephone line or 
 system. Any public utility operating any telephone exchange 
 in any city or village shall, on demand, extend its lines to the 
 limits of such city or village for the purposes mentioned and 
 subject to the conditions and requirements prescribed in section 
 i797m-4 and i797m-3o. Laws 1907, ch. 499, sec. lygym-y^^i), 
 as amended hy Laws 1911, ch. 546.^ 
 
 Any existing permit, license or franchise which shall con- 
 tain any term whatsoever interfering with the existence of such 
 
 3202 second public utility is hereby amended in such a manner as to 
 permit such municipality to grant an indeterminate permit for 
 the operation of such second public utility pursuant to the pro- 
 visions of this act. Laws iQoy, ch. 499, sec. i'/9'/m-'/4{2). 
 
 No municipality shall hereafter construct any such plant 
 or equipment where there is in operation imder an indeterminate 
 permit as provided in this act, in such municipality a public 
 utility engaged in similar service, without first securing from 
 
 3203 the commission a declaration, after a public hearing of all parties 
 interested, that public convenience and necessity require such 
 municipal public utility. But nothing in this section shall be 
 construed as preventing a municipality acquiring any existing 
 plant by piirchase or by condemnation as hereinafter provided. 
 Same, sec. iy9ym-y4{;^. 
 
 Nothing in this section shall be construed so as to prevent 
 the granting of an indeterminate permit or the construction of 
 
 3204 a municipal plant where the existing public utility is operating 
 without an indeterminate permit as provided in this act. Same, 
 sec. iy9'/m-74{4). 
 
 No license, permit or franchise to own, operate, manage or 
 control any plant or equipment for the production, transmission, 
 
 3205 delivery or furnishing of heat, light, water or power shall be 
 hereafter granted, or transferred except to a corporation duly 
 organized under the laws of the state of Wisconsin. Same, sec. 
 1797^-75- 
 
 ' All licenses, permits and franchises to own, operate, manage, or control any plant or 
 equipment for the production, transmission, delivery, or furnishing or heat, light, water, or 
 power in any municipality, heretofore granted or attempted to be granted to any public 
 utility by or by virtue of any ordinance pending or under consideration in the municipal 
 council of any municipality at the time of the obtaining of an indeterminate permit by any 
 other public utility operating therein, are hereby validated and confirmed and shall not be 
 affected by the provisions of subsection i of section i797m-74 of the statutes. Laws iQii, 
 ch. 14, sec. I. 
 
 840 
 
Every license, permit or franchise hereafter granted to any 
 pubUc utility shall have the effect of an indeterminate permit 
 subject to the provisions of this act, and subject to the pro- 
 vision that the mimicipality in which the major part of its 
 property is situate may purchase the property of such public 
 utility actually used and useful for the convenience of the public 
 
 3206 at any time as provided herein paying therefor just compensa- 
 tion to be determined by the commission and according to the 
 terms and conditions fixed by said commission. Any such 
 mimicipality is authorized to purchase such property and every 
 such public utility is required to sell such property at the value 
 and according to the terms and conditions determined by the 
 commission as herein provided. Same, sec. ijgym-j6. 
 
 Every license, permit, or franchise granted prior to July 
 II, 1907, by the state or by the common coimcil, the board of 
 aldermen, the board of trustees, the town or village board, or 
 any other governing body of any town, village, or city, to any 
 corporation, company, individual, association of individuals, 
 their lessees, trustees, or receivers appointed by any court what- 
 soever, authorizing and empowering such grantee or grantees 
 to own, operate, manage or control any plant or equipment, or 
 any part of a plant or equipment within this state, for the con- 
 veyance of telephone messages, or for the production, trans- 
 
 8207 mission, delivery, or furnishing of heat, light, water, or power, 
 either directly or indirectly, to or for the public, is so altered 
 and amended as to constitute and to be an "indeterminate per- 
 mit" within the terms and meaning of sections lygym-i to 
 i797m-io8, inclusive, of the statutes of 1898, and subject to all 
 the terms, provisions, conditions, and limitations of said sec- 
 tions i797m-i to i797m-io8, inclusive, and shall have the same 
 force and effect as a license, permit, or franchise granted after 
 July II, 1907, to any public utility embraced in and subject to 
 the provisions of said sections i797m-i to i797m-io8, inclusive, 
 except as provided by section i797m-8o. Same, sec. lygym-yy, 
 as amended by Laws igog, ch. 180, and Laws igii, ch. 5g6. 
 
 No franchise heretofore surrendered by any corporation of this state in the manner 
 and within the time provided by section i797ni-77. and no indeterminate permit based 
 thereon, shall be declared invalid by reason of any defect, irregularity, or invalidity in such 
 franchise whatsoever, provided that such franchises shall not have been obtained by fraud, 
 bribery, or corrupt practices ; that when such franchise was granted no officer of the rnunic- 
 3208 ipality granting the same was directly or indirectly interested in such franchise or in thg 
 corjKfration obtaining same; and that the corporation having the same shall have prior to 
 the surrendering of said franchise in good faith purchased or constructed any street o^ 
 interurban railway, water works, gas or electric light plant, or other public utility or any 
 part thereof by such franchise authorized; and subject to the foregoing exceptions, every 
 such franchise and permit is hereby legalized and confirmed. Laws igii, ch. 217, sec. i. 
 
 841 
 
Any public utility accepting or operating under any license, 
 permit or franchise hereafter granted shall, by acceptance of any 
 such indeterminate permit be deemed to have consented to a 
 future purchase of its property actually used and useful for the 
 convenience of the public by the mimicipality in which the major 
 
 3209 part of it is situate for the compensation and under the terms 
 and conditions determined by the commission, and shall thereby 
 be deemed to have waived the right of requiring the necessity of 
 such taking to be established by the verdict of a jviry, and to 
 have waived all other remedies and rights relative to condemna- 
 tion, except such rights and remedies as are provided in this act. 
 Laws igoj, ch. 4gg, sec. lygym-yS. 
 
 Any mimicipality shall have the power, subject to the pro- 
 visions of this act, to construct and operate a plant and equip- 
 
 3210 ment or any part thereof for the production, transmission, de- 
 livery, or furnishing of heat, light, water or power. Same, sec. 
 iygym-yg{i). 
 
 Any mimicipality shall have the power, subject to the pro- 
 visions of this act, to purchase by an agreement with any public 
 
 3211 utility any part of any plant, provided, that such purchase and 
 the terms thereof shall be approved by the commission after a 
 hearing as provided in' sections lygym-Si and iyg'jm.-S2. 
 Same, sec. lygym-ygiz). 
 
 Any municipality shall have the power, subject to the pro- 
 visions of this act to acquire by condemnation the property of 
 any public utility actually used and useful for the convenience of 
 
 3212 the public then operating under a license, permit or franchise ex- 
 isting at the time this act takes effect, or operating in such 
 municipality without any permit or franchise. Same, sec. lygym- 
 
 Any municipality shall have the power, subject to the pro- 
 visions of this act, to acquire by purchase as provided in this 
 
 3213 act, the property of any public utility actually used and useful for 
 the convenience of the public operating under any indeterminate 
 permit as provided herein. Same, sec. lygym-ygi^)- 
 
 If the municipality shall have determined to acquire an 
 existing plant then operated under ... an indeterminate permit 
 provided in section lygym-yy, by a vote of a majority of the 
 electors voting thereon at any general, municipal, or special 
 election at which the question of the purchase of such plant shall 
 have been submitted, such municipality shall bring an action in 
 the circuit court against the public utility as defendant praying 
 
 84? 
 
the court for an adjudication as to the necessity of such taking 
 S814 by the municipaHty, in which action the complaint shall be served 
 with the summons. The public utility shall serve and file its 
 answer to such complaint within ten days after the service thereof, 
 whereupon such action shall be at issue and stand ready for trial 
 upon ten days' notice by either party. Unless the parties 
 thereto waive a jury, the question as to the necessity of the 
 taking of such property by the municipality shall be as speedily 
 as possible submitted to a jury. Same, sec. lyg^m-So, as 
 amended by Laws igog, ch. 21 j and Laws igii, ch. ^g6. 
 
 If the municipality shall have determined to acquire an 
 existing plant in the manner provided in the preceding section, and 
 the public utility owning such plant shall have consented to the 
 taking over of such plant by the mimicipality by acceptance of an 
 indeterminate permit as provided herein, or, in case such public 
 3216 utility shall not have waived or consented to such taking, if the 
 jury shall have foimd that a necessity exists for the taking of 
 such plant, then the municipality shall give speedy notice of such 
 determination and of such consent or such verdict of a jury to 
 the public utility and to the commission. Laws igoy, ch. 4gg, 
 sec. lygym-Si, as amended by Laws igog, ch. 21 j. 
 
 The commission shall thereupon proceed to set a time and 
 place for a public hearing upon the matters of the just compen- 
 sation to be paid for the taking of the property of such public 
 utility actually used and useful for the convenience of the public, 
 and of all other terms and conditions of the purchase, and sale, 
 and shall give to the municipality and the public utility in- 
 terested, not less than thirty days' notice of the time and place 
 when and where such hearing will be held, and such matters con- 
 sidered and determined, and shall give like notice to all bond- 
 holders, mortgagees, lienors, and all other persons having or 
 claiming to have any interest in such public utility, by publica- 
 tion of such notice once a week for not less than three successive 
 weeks in at least one newspaper of general circulation printed 
 in the English language and published in the county in which 
 such public utility is located, which publication shall be caused 
 8216 to be made by the municipality. Within a reasonable time, 
 not exceeding one year, after the time fixed for such hearing in 
 such notice, the commission shall, by order, fix and determine and 
 certify to the mimicipal coimcil, to the public utility and to any 
 bondholder, mortgagee, lienor or other creditor appearing upon 
 S^ch hiring, just compensation to be paid for the taking of the 
 
 843 
 
property of such public utility actually used and useful for the 
 convenience of the public and all other terms and all conditions 
 of sale and purchase which it shall ascertain to be reasonable. 
 The compensation and other terms and the conditions of sale and 
 purchase thus certified by the commission shall constitute the 
 compensation and terms and conditions to be paid, followed, and 
 observed in the purchase of such plant from such public utility. 
 Upon the filing of such certificate with the clerk of such munic- 
 ipality the exclusive use of the property taken shall vest in such 
 municipality. Laws igoj, ch. 4gg, sec. i'/gym-82, as amended by 
 Laws igii, ch. 662. 
 
 Any public utility or the municipality or any bondholder, 
 mortgagee, lienor or other creditor of the public utility, being 
 dissatisfied with such order, may commence and prosecute an 
 
 3217 action in the circuit court to alter or amend such order or any 
 part thereof, as provided in sections i797m-64 to i797m-73, 
 inclusive, and said sections so far as applicable shall apply to 
 such action. Laws igoj, ch. 4gg, sec. lygym-S^, as amended by 
 Laws igii, ch. 662. 
 
 If the plaintiff shall not establish to the full satisfaction of 
 the court that the compensation fixed and determined in such 
 order is imlawful or that some of the terms or conditions fixed 
 
 3218 and determined therein are in some particulars unreasonable, 
 the compensation, terms and conditions fixed in said order shall 
 be the compensation, terms and conditions to be paid, followed 
 and observed in the purchase of said plant from such public 
 utility. Laws igoy, ch. 4gg, sec. iygym-84. 
 
 If the plaintiff shall establish to the full satisfaction of the 
 court and the court shall adjudge that such compensation is 
 unlawful or that some of such terms or conditions are imreason- 
 
 3219 able, the court shall remand the same to the commission with 
 such findings of fact and conclusions of law as shall set forth in 
 detail the reasons for such judgment and the specific particulars 
 in which such order of the commission is adjudged to be un- 
 reasonable or unlawful. Same, sec. lygym-S^. 
 
 If the compensation fixed by the previous order of the com- 
 mission be adjudged to be unlawful, the commission shall forth- 
 
 3220 with proceed to set a re-hearing for the re-determination of 
 such compensation as in the first instance. Same, sec. lygym- 
 86(^1). 
 
 The commission shall forthwith otherwise alter and amend 
 8221 such previous order with or without a re-hearing as it may deem 
 
 844 
 
necessary so that the same shall be reasonable and lawfiil in 
 every partictdar. Same, sec. i'jgjm-S6{2). 
 
 The term "municipal council '* as used in this act shall mean 
 and embrace the common coimcil, the board of aldermen, the 
 
 3222 board of trustees, the town or village board, or any other gov- 
 erning body of any town, village or city wherein the property 
 of a street railway company or any part thereof is located. 
 Laws igoy, ch. 578, sec. iygyi-i{\). 
 
 The term "municipality" as used in this act shall mean 
 
 3223 any town, village or city wherein property of a street railway 
 company or any part thereof is located. Same, sec. iygyt-i{2). 
 
 The term "indetermiaate permit" as used in this act shall 
 mean and embrace every grant, directly or indirectly from the 
 state, to any street railway company, of power, right or privilege 
 
 3224 to own, operate, manage or control any street railway plant or 
 equipment or any part thereof within this state, which shall con- 
 tinue in force imtil such time as the municipality shall exercise 
 its option to purchase as provided m. this act or vmtil it shall be 
 otherwise termiaated according to law. Same, sec. i'/gp-i{j). 
 
 3226 The term "commission" as used in this act shall mean the 
 
 railroad commission of Wisconsin. Same, sec. i'/gp-i{4). 
 
 Every license, permit or franchise hereafter granted to any 
 street railway company shall have the effect of an indeterminate 
 permit subject to the provisions of this act, and subject to the 
 provision that the municipality in which the major part of its 
 property is situated may piu-chase the property of such street 
 railway company actually used and useful for the convenience 
 
 3226 of the public at any time as provided herein, paying therefor 
 just compensation to be determined by the commission and ac- 
 cording to the terms and conditions fixed by said commission. 
 Any such municipality is authorized to purchase such property, 
 and every such street railway company is required to sell such 
 property at the compensation and according to the terms and 
 conditions determined by the commission as herein provided. 
 Same, sec. iygyt-2. 
 
 Any street railway company operating under an existing 
 license, permit or franchise shall, upon filing at any time prior 
 to the expiration of such license, permit or franchise, with the 
 derk of the municipality which granted such franchise and with 
 the commission, a written declaration legally executed that, it 
 surrenders such license, permit or franchise, receive by opera- 
 8221 tion of law in lieu thereof, an indeterminate permit as provided 
 
 845 
 
in this act; and such street railway company shall hold such 
 pennit under all the terms, conditions and limitations of this 
 act. The filing of such declaration shall be deemed a waiver 
 by such street railway company of the right to insist upon the 
 fulfillment of any contract theretofore entered into relating to 
 any rate, fare, charge or service regulated by sections 1 797-1 
 to 1797-38 of the statutes, as amended. Same, sec. lygjt-^. 
 
 Any street railway company accepting or operating under 
 any license, permit or franchise hereafter granted, except where 
 such license, permit or franchise is for an extension of any line 
 or system constructed or authorized at the time this act shall 
 go into effect, and which license, permit or franchise for such 
 extension shall expire at the same date as the license, permit or 
 franchise under which such line or system is then being operated, 
 shall, by acceptance of any such indeterminate permit be deemed 
 
 83S8 to have consented to a future purchase of its property actually 
 used and useful for the convenience of the public, by the munic- 
 ipality in which the major part of it is situate for the compensa- 
 tion and imder the terms and conditions determined by the 
 commission, and shall thereby be deemed to have waived the 
 right of requiring the necessity of such taking to be established 
 by the verdict of a jury, and to have waived all other remedies 
 and rights relative to condemnation by such mimicipality, ex- 
 cept such rights and remedies as are provided in this act. Same, 
 sec. i'/g7t-4. 
 
 At any time within three years prior to the expiration of the 
 term of the license, permit or franchise under which any street 
 railway is operating at the time this act goes into effect, any 
 
 ssa9 municipality shall have the power, subject to the provisions of 
 this act, to acquire by condemnation the property of any street 
 railway company, actually used and useful for the convenience of 
 the public. Same, sec. ijgyt-^{^i). 
 
 Any municipality shall have the power, subject to the pro- 
 visions of this act, to acquire by purchase as provided in this act, 
 
 siso the property of any street railway company actually used and 
 useful for the convenience of the public operating imder any in- 
 determinate permit as provided herein. Same, sec. lygyt-sijz). 
 If the municipality shall have determined to acquire an 
 existing plant then operated under a license, permit or franchise 
 existing at the time this act takes effect, such mimicipality shall 
 bring an action in the circuit court against the street railway 
 company as defendant praying the court for an adjudication as 
 
 846 
 
to the necessity of such taking by the municipaHty, in which 
 8231 action the complaint shall be served with the summons. The 
 street railway company shall serve and file its answer to such 
 complaint within ten days after the service thereof; whereupon 
 such action shall be at issue and stand ready for trial upon ten 
 days' notice by either party. All such actions shall have pre- 
 cedence over any civil cause of a different nature pending in such 
 court. Same, sec. iygyt-6. 
 
 If the municipality shall have determined to acquire an 
 existing plant and the street railway company owning such 
 plant shall have consented to the taking over of such plant by 
 the municipality by acceptance of an indeterminate permit as 
 
 3232 provided herein; or, in case such street railway company shall not 
 have consented to such taking if the jury shall have found that a 
 necessity exists for the taking of such plant, then the municipality 
 shall give speedy notice of such determination and of such con- 
 sent or such verdict of a jury to the street railway company and 
 to the commission. Same, sec. lygyt-y. 
 
 The commission shall thereupon after public hearing and 
 within three months from the receipt of such notice and upon 
 notice to the municipality and the street railway company in- 
 terested, by order fix and determine and certify to the municipal 
 coimcil and to the street railway company, just compensation to 
 be paid for the taking of the property of such street railway 
 company actually used and useful for the convenience of the 
 
 3233 public, and all other terms and all conditions of sale and pur- 
 chase which it shall ascertain to be reasonable. The compen- 
 sation and other terms and the conditions of sale and purchase 
 thus certified by the commission shall constitute the compen- 
 sation and terms and conditions to be paid, followed and ob- 
 served in the purchase of such plant from such street railway 
 company upon the filing of such certificate with the clerk of such 
 municipality, the exclusive use of the property taken shall vest 
 in such municipality. Same, sec. lygyt-S. 
 
 Any street railway company or the municipality being dis- 
 satisfied with such order, may commence and prosecute an action 
 
 3234 in the circuit court to alter or amend such order or any part 
 thereof as provided in sections i797m-64 to i797m-73 inclusive 
 of the statutes, and said sections so far as applicable shall apply 
 to such action. Same, sec. lygyt-g. 
 
 If the plaintiff shall not establish to the full satisfaction of 
 the court that the compensation fixed and determined in such 
 
 847 
 
order is unlawful or that some of the terms or conditions fixed and 
 3236 determined therein are in some particulars imreasonable, the 
 compensation, terms and conditions fixed in said order shall be 
 the compensation, terms and conditions to be paid, followed and 
 observed in the purchase of said plant from such street railway- 
 company. Same, sec. ijgyt-io. 
 
 If the plaintiff shall establish to the full satisfaction of the 
 court and the court shall adjudge that such compensation is un- 
 lawful or that some of such terms or conditions are unreasonable, 
 
 3236 the court shall remand the same to the commission with such 
 findings of fact and conclusions of law as shall set forth in detail 
 the reasons for such judgment and the specific particulars in 
 which such order of the commission is adjudged to be unreason- 
 able or imlawful. Same, sec. lygp-ii. 
 
 If the compensation fixed by the previous order of the com- 
 
 3237 mission be adjudged to be unlawful, the commission shall forth- 
 with proceed to set a re-hearing for the re-determination of such 
 compensation as in the first instance. Same, sec. iygyt-i2{i). 
 
 The commission shall forthwith otherwise alter and amend 
 
 3238 such previous order with or without a re-hearing as it may deem 
 necessary, so that the same shall be reasonable and lawfiil in 
 every particular. Same, sec. iyg^t-i2{2). 
 
 848 
 
CHAPTER XII 
 
 Stock and Bond Issues 
 
 SCOPE NOTE 
 
 This chapter includes grants of power authorizing 
 commissions to regulate the capitalization of utilities. 
 Provisions of general corporation law prescribing rules 
 to be observed in stock and bond issues have been excluded. 
 For provisions authorizing commissions to ascertain the 
 valuation of utility property, see ch. iii, on basis of rate 
 making. For provisions involving the purchase and sale 
 of the stocks and bonds of utilities, see ch. xiii, on inter- 
 corporate relations. For provisions prescribing general 
 procedure to be followed in the exercise of commission 
 authority, see ch. xiv, on commission procedure and 
 practice. For provisions prescribing general rules of 
 enforcement and judicial review, see ch. xv, on enforce- 
 ment. For general statement of scope and method, see 
 introduction. 
 
 849 
 
ANALYSIS 
 
 PAGE 
 
 A. Right to issue stock and create lien a special privilege 851 
 
 B. State does not guarantee stocks or bonds 851 
 
 C. Authority to issue stocks, bonds and other evidences of indebtedness; 
 
 purposes; application to commission 852 
 
 D. Power of commission to authorize issues 868 
 
 E. Character of investigation by commission 872 
 
 F. Proceedings for obtaining certificate and conditions of its issue 874 
 
 1. Issues for money only 874 
 
 2. Issues for other than money 875 
 
 G. Limitations on application of acts 877 
 
 H. Utilities authorized to issue notes for limited periods without certificate 878 
 
 I. Issue of stocks or bonds for franchises or property of other public util- 
 ities 880 
 
 J. Capitalization of reorganized utilities 880 
 
 K. Unauthorized issues void 882 
 
 L. Application of proceeds of issues 883 
 
 M. Duty of utilities to account to commission for disposition of proceeds. 885 
 
 N. Certificate of authorization required to be recorded 885 
 
 O. Contract for consolidation or lease shall not be capitalized 886 
 
 P. Franchises not to be capitalized 886 
 
 Q. Capital of consolidated corporations 888 
 
 R. Manner in which railroads and street railways may increase capital 
 
 issues for special purposes designated 889 
 
 S. Stock or scrip dividends 893 
 
 T. Sale of stock to stockholders and auction clause 893 
 
 U. Penalties for violations of capitalization provisions 902 
 
 850 
 
A. RIGHT TO ISSUE STOCK AND CREATE 
 
 LIEN A SPECIAL PRIVILEGE. 
 
 ARIZONA, CALIFORNIA 
 
 The power of public utilities^ to issue stocks 
 and stock certificates and bonds, notes and other evidences of 
 indebtedness and to create liens on their property situated 
 
 8239 within this state is a special privilege, the right of supervision, 
 regulation, restriction and control of which is and shall continue 
 to be vested in the state, and such power shall be exercised as 
 provided by law and under such rules and regulations as com- 
 mission may prescribe. Ariz. — Sess. Laws IQ12, ch. gOy sec. 52{a)y 
 Col. — Stats. iQii, ist. ex. sess., ch. 14, sec. 52{a). 
 
 KANSAS The power to create liens on corporate prop- 
 
 erty situated within the state of Kansas by companies trans- 
 acting the business of common carriers, as defined in the laws 
 of this state, and public utilities governed by the provisions of 
 this act in this state is a special privilege, the right of super- 
 vision, regulation, restriction and control of which shall be 
 
 8240 vested in the state, and such power shall be exercised accord- 
 ing to law, and the provisions of this act shall apply to all com- 
 panies organized under the laws of other states of the Union 
 and of foreign countries, as well as to domestic corporations, 
 transacting business in this state as a common carrier or as a 
 public utility governed by the provisions of this act. Laws 
 iQii, ch. 238, sec. 24a. 
 
 WISCONSIN The power to create liens on corporate property 
 
 by public service corporations in this state is a special privilege, 
 
 8241 the right of supervision, regulation, restriction and control of 
 which shall be vested in the state, and such power shall be 
 exercised according to the provisions of these statutes. Laws 
 IQII, ch. 593, sec. 1753-2. 
 
 B. STATE DOES NOT GUARANTEE STOCKS 
 
 OR BONDS. 
 
 ARIZONA, CALIFORNIA 
 
 No provision of this act and no deed or act 
 done or performed imder or in connection therewith shall be held 
 or construed to obligate the State of Arizona (California) to pay 
 
 * '* Public service coiporation," in Arizona. 
 
 8si 
 
3242 or guarantee in any manner whatsoever any stock or stock cer- 
 tificate or bond, note or other evidence of indebtedness author- 
 ized issued or executed under the provisions of this act. Ariz- 
 — Sess. Laws igi2, ch. go, sec. 52{g), Cat. — Stats, igii, ist. ex. 
 sess., ch. 14, sec. S^ig)- 
 
 C. AUTHORITY TO ISSUE STOCKS, BONDS 
 AND OTHER EVIDENCES OF INDEBT- 
 EDNESS; PURPOSES; APPLICATION TO 
 COMMISSION. 
 
 ARIZONA, CALIFORNIA 
 
 A public utility^ may issue stocks and stock 
 certificates, and bonds, notes and other evidences of indebted- 
 ness payable at periods of more than 12 months after the date 
 thereof for the following purposes and no others, namely, for the 
 acquisition of property, or for the construction, completion, ex- 
 tension or improvement of its facilities, or for the improvement or 
 maintenance of its service, or for the discharge or lawful refimd- 
 ing of its obligations, or for the reimbursement of moneys act- 
 ually expended from income or from any other moneys in the 
 treasury of the public utility^ not secured by or obtained from 
 the issue of stocks or stock certificates, or bonds, notes or other 
 evidences of indebtedness of such public utility, ^ within five 
 years next prior to the filing of an application with the commis- 
 sion for the required authorization, for any of the aforesaid pur- 
 poses except maintenance of service and replacements, in cases 
 
 3243 where the applicant shall have kept its accoimts and vouchers 
 for such expenditures in such manner as to enable the commis- 
 sion to ascertain the amount of moneys so expended and the 
 purposes for which such expenditure was made; provided, that 
 such public utility,^ in addition to the other requirements of law, 
 shall first have secured from the commission an order author- 
 izing such issue and stating the amoimt thereof and the purpose 
 or purposes to which the issue or the proceeds thereof are to be 
 applied, and that, in the opinion of the commission, the money, 
 property or labor to be procured or paid for by such issue is 
 reasonably required for the purpose or purposes specified in the 
 order, and that, except as otherwise permitted in the order in the 
 case of bonds, notes or other evidences of indebtedness, such 
 purpose or purposes are not, in whole or in part, reasonably 
 chargeable to operating expenses or to income. Ariz. — Sess. 
 
 * " Public service corporation," in Arizona. 
 
 852 
 
Laws igi2, ch. go, sec. 52(6); Cal. — Stats, igii, ist. ex. sess., ch. 
 14, sec. j2(b). 
 
 GEORGIA Each of the companies or corporations over 
 
 which the authority of commission is extended by law shall be 
 required to furnish said commission a list of any stocks and 
 bonds, the issuance of which is contemplated and it shall be un- 
 lawful for any of said companies or corporations to issue stocks, 
 bonds, notes, or other evidences of debt, payable more than 1 2 
 months after the date thereof, except upon the approval of said 
 comjnission, and then only when necessary and for such amount 
 as may be reasonably required for the acquisition of property, 
 
 3244 the construction and equipment of power plants, car-sheds and 
 the completion, extension, or improvements of its facilities or 
 properties, or for the improvement or maintenance of its service, 
 or*for the discharge or lawful refunding of its obligations or for 
 lawful corporate piirposes fallingwithin the spirit of this provision, 
 the decision of the commission to be final as to the validity of the 
 issue. Before issuing such stocks, bonds, notes, or other evi- 
 dence of debt, as above mentioned, such corporations or com- 
 panies shall secure an order from the commission authorizing 
 such issue, the amount thereof, and the purpose and use for 
 which the issue is authorized. Code igii, sec. 2665. 
 
 Any commissioner or any employe of said commission who 
 shall disclose or impart to anyone, except when legally called 
 upon by a court of competent jurisdiction, any fact, knowledge 
 
 3246 of which was obtained in his official capacity from or through 
 any proceeding filed with the said commission under this section, 
 shall be guilty of a misdemeanor: Provided, that this shall not 
 apply to such facts or information obtained through public hear- 
 ings or such as are not confidential in their nature. Same. 
 
 KANSAS A public utility or common carrier may issue 
 
 stocks, certificates, bonds, notes or other evidences of indebted- 
 ness, payable at periods of more than 12 months after the date 
 thereof, when necessary for the acquisition of property, for the 
 purpose of carrying out its corporate powers, the construction, 
 completion, extension or improvements of its facilities, or for 
 the improvements or maintenance of its service, or for the dis- 
 
 3246 charge or lawful refunding of its obligations, or for such other 
 purposes as may be authorized by law; provided, and not other- 
 wise, that there shall have been secured from the commission a 
 certificate stating the amoimt, character, purposes and terms on 
 
 853 
 
which such stocks, certificates, bonds, notes or other evidences 
 of indebtedness are proposed to be issued, as set out in the appHca- 
 tion for such certificate, and that the statements contained in 
 such application have been ascertained to be true. Laws igu, 
 ch. 2j8, sec. 25. 
 
 MARYLAND A common carrier, railroad corporation, street 
 
 railroad corporation, or other corporation subject to the pro- 
 visions of this act (or a gas or electrical corporation), organized 
 or existing, or hereafter incorporated, under or by virtue of the 
 laws of the state of Maryland, may issue stocks, bonds, notes 
 or other evidence of indebtedness, payable at periods of more 
 than 12 months after the date thereof, when necessary for the 
 acquisition of property, the construction, completion, extension 
 or improvement of its facilities, or for the improvement or 
 maintenance, extension or improvement of its facilities (or for 
 the construction, completion, extension or improvement of its 
 plant or distributing system in the case of gas or electrical 
 
 3247 corporations), or for the improvement or maintenance of its 
 service, or the discharge or lawful refunding of its obligations; pro- 
 vided, and not otherwise, that there shall have been secured 
 from commission an order authorizing such issue, and the amount 
 thereof, and stating that, in the opinion of the commission, the 
 use of the capital to be secured by the issue of such stocks, bonds 
 or other evidence of indebtedness is reasonably required for the 
 said purposes of the common carrier, railroad corporation, street 
 railroad corporation or such corporations (or for the said pur- 
 poses of the corporation in the case of gas or electrical corpora- 
 tions). Laws 1 910, ch. 180, sec. 27 (common carrier, railroad and 
 street railroad corporations), sec. 34 {gas and electrical corpora- 
 tions), sec. 41 (telephone and telegraph companies), sec. 42 (water, 
 heat, refrigerator and power companies). 
 
 MASSACHUSETTS Railroad corporations and street railway com- 
 panies shall issue only such amounts of stock and bonds, coupon 
 notes and other evidences of indebtedness payable at periods of 
 more than 12 months after the date thereof, and gas^ and elec- 
 tric light^ companies, corporations established for and engaged 
 in the business of transmitting intelligence by electricity, aque- 
 duct and water companies, shall issue only such amount of stock 
 
 • No gas company, unless specially authorized, shall issue any bonds at less than the 
 par value, nor for an amount exceeding its capital actually paid in and applied to the pur- 
 I>oses of its incoiporation. Rev. Laws 1902, ch. 121, sec. 10. 
 
 2 No bonds shall be issued by any corporation furnishing electricity for light or power 
 for an amount exceeding its capital then actually paid in and applied to the purposes Qf 
 the corporation. Some, sec. 12. 
 
 854 
 
8148 and bonds, as the railroad commission in the case of railroad 
 corporations or street railway companies, the gas and electric 
 light commission in the case of gas or electric light companies, 
 may from time to time vote, or the commissioner of corpora- 
 tions in the case of other corporations hereinbefore specified may 
 from time to time determine, is reasonably necessary for the pur- 
 pose for which such issue of stock or bonds has been authorized. 
 Rev. Laws 1Q02, ch. log, sec. 24.^ 
 
 The supreme judicial court or the superior court shall have 
 jurisdiction in equity, upon the application of the railroad com- 
 mission, the gas and electric light commission, the commissioner 
 8249 of corporations, respectively, of the attorney general, of any 
 stockholder or of any interested party, to enforce the provisions 
 of the three preceding sections and all lawful orders and decisions, 
 conditions or requirements of said boards or commissioner made 
 in pursuance thereof. Same, sec. 27. 
 
 Any corporation which is organized under the laws of this 
 commonwealth and is authorized to erect and maintain poles, 
 wires or other fixtures in, over or imder streets and highways 
 for the purpose of furnishing electricity for light or power may 
 secure the payment of bonds issued by it by a mortgage of its 
 franchise in connection with its corporeal property, so that all 
 persons who acquire any poles, wires or fixttires by virtue of 
 such mortgage shall have the same rights and be subject to the 
 3260 same obligations relative to their erection, care and mainte- 
 nance as the corporation would have had or been subject to if 
 the mortgage had not been made. Such mortgage and all 
 bonds shall be authorized by vote of a majority in interest of 
 the stockholders of the corporation at a meeting called for that 
 purpose; and the rate of interest on such bonds shall not exceed 
 six per cent, per annum. No bonds shall be issued by any such 
 corporation for an amount exceeding its capital then actually 
 paid in and applied to the purposes of the corporation. Rev. 
 Laws igo2, ch. 121, sec. 12. 
 
 A railroad corporation shall issue only such amoimts of 
 stock and bonds, coupon notes and other evidences of indebted- 
 ness payable at periods of more than 12 months after the date 
 3251 thereof, as railroad commission may from time to time determine 
 to be reasonably necessary for the purpose for which such issue 
 of stock or bonds has been authorized. Acts igo6y ch. 463, pt. 
 it, sec. 65. 
 
 * This section is repealed so far as it applies to railroad corporations and street railway 
 companies. 
 
 85s 
 
The supreme judicial court or the superior court shall have 
 jurisdiction in equity upon the application of railroad commis- 
 sion, of the attorney-general, of any stockholder, or of any in- 
 32S2 terested parties, to enforce the provisions of the two preceding 
 sections^ and all lawful orders and decisions, conditions or re- 
 quirements of said board made in pursuance thereof. Same, 
 sec. 67. 
 
 Upon the petition of a street railway company for authority 
 to reduce its capital stock, presented in accordance with a vote of 
 the stockholders at a meeting called for the purpose, the railroad 
 commission may, after a hearing and such examination of the 
 financial condition of the company, as it considers necessary, 
 authorize such reduction to be made, if it appears to be consistent 
 with the public interests and with the limitations imposed by 
 general or special laws. A certificate of the amount of the reduc- 
 tion and of any terms and conditions imposed shall be forthwith 
 
 3263 filed by commission in the office of the secretary of the common- 
 wealth. When such reduction is made, no money or other prop- 
 erty shall be paid or transferred to the stockholders unless spe- 
 cially authorized by said commission, and by a vote of the 
 directors of the company taken by yeas and nays at a meeting 
 called for the purpose. The directors who vote therefor shall 
 be jointly and severally liable for the debts or contracts of the 
 company which exist at the time when the capital stock is re- 
 duced, to the extent of the money or property paid or trans- 
 ferred to the stockholders. Same, pt. Hi, sec. 104. 
 
 A street railway company shall issue only such amounts of 
 stock and bonds, coupon notes and other evidences of indebted- 
 
 3264 ness payable at periods of more than 12 months after the date 
 thereof, as the railroad commission may from time to time de- 
 termine to be reasonably necessary for the purpose for which such 
 issue of stock or bonds has been authorized. Same, pt. Hi, 
 sec. loy. 
 
 The supreme judicial court or the superior court shall have 
 jurisdiction in equity, upon the application of the board of rail- 
 8268 road commission, of the attorney-general, of any stockholder or 
 of any interested party, to enforce the provisions of the two pre- 
 ceding sections^ and all lawful orders and decisions, conditions 
 
 'Section 66 provides that a railroad corporation, unless expressly authorized by its 
 charter or by special law, shall not issue bonds, coupon notes or other evidence of indebt- 
 edness, payable at periods of more than 12 months after the date thereof, to an amount 
 which exceeds in the whole the amount of its capital stcok at the time actually paid in. 
 
 2 Section 108 provides that a street railway company, unless expressly authorized by 
 its charter or by special law, shall not issue bonds, coupon notes or other evidences of in- 
 debtedness, payable at periods of more than 12 months after the date thereof, to an amount 
 which exceeds in the whole the amount of its capital stock at the time actually paid in. 
 
 856 
 
or requirements of said commission made in piirsuance thereof. 
 Same, pt. Hi, sec. log. 
 
 In computing the amount of capital stock of a railroad cor- 
 poration, electric railroad, street railway or elevated railway 
 company for the purpose of determining the maximum amount 
 of bonds, coupon notes or other evidences of indebtedness, 
 payable at periods of more than 12 months after the date 
 thereof, under the provisions of sections 48, 57, 66 of part II, 
 or of section 108 of part ill, of chapter 463 of the acts of 463 
 and under any similar provisions of any special acts limiting 
 the amount of such securities, which a railroad corporation, an 
 electric railroad, a vStreet railway or elevated railway company 
 may issue, to the amount of its capital stock at the time actu- 
 
 3266 ally paid in, there shall be added to the par value of the capital 
 stock all cash premiums paid into the corporation on all shares 
 issued by such corporation or company subsequent to July 9, 
 1894, under the provisions of chapter 462 of the acts of 1894 
 or of any similar provisions of law, and the maximimi amount 
 of such bonds, notes and other evidences of indebtedness which 
 such corporations or company, unless expressly authorized by 
 its charter or by special law, may issue with the approval of 
 railroad commission, shall be limited to the aggregate amount 
 of its issued and outstanding capital stock, determined as pro- 
 vided in this act, and actually paid into its treasury. Acts igo8, 
 ch. 620, sec. I. 
 
 MICHIGAN Any corporation or association, except munic- 
 
 ipal corporations, organized and existing, or which may here- 
 after be organized or authorized to do business under the laws of 
 this state, or any lessee or trustee thereof, or any person or per- 
 sons owning, conducting, managing, operating, or controlling any 
 plant or equipment used wholly or in part in the business of 
 transmitting messages by telephone or telegraph, producing or 
 furnishing heat, light, water or mechanical power to the public, 
 
 3267 directly or indirectly, and any railroad, interurban railroad or 
 other common carrier may issue stocks, bonds, notes or other 
 evidences of indebtedness payable at periods of more than 12 
 months after the date thereof, when necessary for the acquisition 
 of property, the construction, completion, extension or improve- 
 ment of facilities or for the improvement or maintenance of 
 service or for the discharge or lawful refundiag of obligations: 
 Provided, that there shall have been secured from commission an 
 order authorizing such issue and the amount thereof, and stating 
 
 857 
 
that in the opinion of commission the use of the capital or 
 property to be acquired to be secured by the issue of such stock, 
 bonds, notes or other evidences of indebtedness, is reasonably 
 required for the purposes of such person, corporation or associa- 
 tion. Any such person, corporation or association desiring 
 authority to issue stocks, bonds, notes or other evidences of in- 
 debtedness shall make written application therefor to the said 
 commission in such form as commission may require: Provided 
 that the provisions of this act shall apply to all stock, shares, 
 bonds or notes issued to or taken by the incorporators or their 
 agents, assigns or trustees of any such corporation or association 
 in the first instance. Pub. Acts igii, no. lyy, sec. i. 
 
 NEBRASKA. A common carrier or public service corporation 
 
 organized, and incorporated or hereafter incorporated, under or 
 by virtue of the laws of Nebraska, may issue stocks, bonds, notes 
 or other evidence of indebtedness payable at period of more 
 than 12 months after the date thereof, when necessary for the 
 acquisition of property, the construction, completion, extension 
 or improvement of its facilities, or for the improvement or main- 
 
 sass tenance of its service or for the discharge or lawfiil refunding of 
 its obligations, provided, and not otherwise, that there shall have 
 been seciu*ed from commission an order authorizing such issue 
 and the amount thereof and stating that in the opinion of com- 
 mission the use of the capital to be secured by the issue of such 
 stock, bonds, notes or other evidence of indebtedness is reason- 
 ably required for the said purposes of the corporation. Acts 
 IQOQ, ch. io8, sec. i. 
 
 NEW HAMPSHIRE No railroad corporation or public utility shall 
 issue any stock, bonds, notes or other evidences of indebtedness 
 
 8S59 payable more than 12 months after the date thereof, without 
 first proctiring an order of commission authorizing the same. 
 Laws iQii, ch. 164, sec. 14(0). 
 
 NEW JERSEY No public utility as herein defined shall here- 
 
 after issue any stocks, stock certificates, bonds or other evidences 
 
 8360 of indebtedness payable in more than one year from the date 
 thereof imtil it shall have first obtained authority from com- 
 mission for such proposed issue. Laws igii, ch. ig^, sec. 18(e). 
 
 NEW YORK A common carrier, railroad corporation or 
 
 street railroad corporation (or a gas or electrical corporation) 
 organized or existing, or hereafter incorporated, imder or by 
 virtue of the laws of this state, may issue stocks, bonds, notes or 
 
 858 
 
other evidence of indebtedness payable at periods of more than 
 12 months after the date thereof, when necessary for the acquisi- 
 tion of property, the construction, completion, extension or im- 
 provement of its facilities (or plant or distributing system in the 
 case of gas or electrical corporations), or for the improvement or 
 maintenance of its service or for the discharge or lawful refunding 
 of its obligations or for the reimbursement of moneys actually 
 expended from income, or from any other moneys in the treasury 
 of the corporation not secured by or obtained from the issue of 
 stocks, bonds, notes or other evidence of indebtedness of such 
 corporation within five years next prior to the filing of an appli- 
 cation with the proper commission for the required authoriza- 
 tion, for any of the aforesaid purposes except maintenance of 
 service and except replacements in cases where the applicant 
 shall have kept its accounts and vouchers of such expenditure in 
 such manner as to enable commission to ascertain the amount 
 of moneys so expended and the purposes for which such expendi- 
 8261 ture was made; provided, and not otherwise, that there shall have 
 been secured from the proper commission an order authorizing 
 such issue, and the amount thereof and stating the purposes to 
 which the issue or proceeds thereof are to be applied, and that, in 
 the opinion of the commission, the money, property or labor to 
 be procured or paid for by the issue of such stock, bonds, notes 
 or other evidence of indebtedness is or has been reasonably re- 
 quired for the purposes specified in the order, and that except as 
 otherwise permitted in the order in the case of bonds, notes and 
 other evidence of indebtedness, such purposes are not, in whole 
 or in part, reasonably chargeable to operating expenses or to in- 
 come. Nothing herein contained shall prohibit the commission 
 from giving its consent to the issue of bonds, notes or other evi- 
 dence of indebtedness for the reimbursement of moneys hereto- 
 fore actually expended from income for any of the aforesaid 
 purposes, except maintenance of service and replacements, 
 prior to five years next preceding the filing of an application 
 therefor, if in the judgment of the commission such consent 
 should be granted; provided application for such consent shall 
 be made prior to January i, 191 2. Laws igio, ch. 480, sec. ^5 
 {common carrier, railroad and street railroad corporations), sec. 6g 
 (gas and electrical corporations). 
 
 Held, that in the case of a gas and electrical corporation the 
 commission has no power to withhold approval of an issue of 
 securities merely to prevent competitor from entering the field 
 of an existing company. People vs. Public Service Commission, 
 122 N. Y. S. 641. 
 
 859 
 
As the public service law leaves the management of its affairs 
 with the corporation except in so far as clearly affected, it was 
 held, that the commission had no right to refuse approval of an 
 issue of securities to refund legal obligation, in the manner pro- 
 vided by the statute, upon the ground that the debt was greater 
 than should have been incurred for the purpose. People ex. rel. 
 Delaware and Hudson Company vs. Stevens, igy N. Y. i. 
 
 Under section 55 the commission is not justified in refusing 
 to consent to the issue of securities by a railroad corporation un- 
 der a plan of reorganization after foreclosure because the value 
 of the mortgaged property and amount of new capital to be sub- 
 scribed is less than the amount of securities to be issued. People 
 ex. rel. Third Ave. Railway vs. Public Service Commission, 203 
 N. Y. 299. 
 
 The commission has no power to permit an issue of securities 
 not permitted by the terms of the statute upon condition that 
 outstanding stock of the utility be canceled; but can simply de- 
 termine whether the proposed issue of stock is in accordance 
 with the statute. People ex. rel. Binghamton L., H. &f P. Co. vs. 
 Stei<ens, 20 j N. Y. 789. 
 
 Where railroad company sold certain rolling stock to a trust 
 company which leased it to other roads which gave trust com- 
 pany certificates to be paid in instalments, but called rent, it was 
 held, that this was "other evidences of indebtedness" within sec- 
 tion 55 and consent of the commission should be received. Peo- 
 ple vs. New York Central & H. R. R., 92 N. E. (N. Y.) 1096. 
 
 A telegraph or telephone corporation may when authorized 
 by order of commission, and not otherwise, issue stock, bonds, 
 notes or other evidence of indebtedness payable at periods of 
 more than 12 months after the date thereof when necessary for 
 the acquisition of property, the construction, completion, ex- 
 tension or improvement of its facilities or the improvement or 
 maintenance of its service within the state, or for the discharge 
 or lawful refunding of its obligation, or reimbursement of moneys 
 actually expended from the income from any source, within five 
 years next prior to the filing of the application therefor, or for 
 any of such purposes, provided, however, that no order shall be 
 3262 granted authorizing such issue for reimbursement of moneys ex- 
 pended from income for betterments or replacements unless the 
 applicant shall have kept its accounts and vouchers of such ex- 
 penditures in such manner as to enable the commission to 
 ascertain the amount of moneys so expended and the purposes 
 for which such expenditures were made. The commission may 
 by order authorize the issue of bonds, notes or other evidence of 
 indebtedness for the reimbursement of moneys heretofore 
 actually expended from income for any of the purposes herein 
 specified, except maintenance of service or replacements prior to 
 five years next preceding the filing of the application therefor, 
 provided such application be made prior to January i, 19 12. 
 Same, sec. ioi{i). 
 
 860 
 
Subject to the limitations and requirements of this chapter 
 and of the public service commissions law every railroad cor- 
 poration, in addition to the powers given by the general and 
 stock corporation laws, shall have power from time to time to 
 borrow such sums of money as may be necessary for completing 
 and finishing or operating or improving its railroad, or for any 
 other of its lawful purposes and to issue and dispose of its bonds 
 for any amoimt so borrowed, and to mortgage its property and 
 franchises to secure the payment of any debts contracted by the 
 ' company for the purposes aforesaid, notwithstanding any limita- 
 tion on such power contained in any general or special law. 
 But no mortgage except purchase-money mortgages shall be 
 issued by any railroad corporation imder this chapter, or any 
 other law, without the consent of the commission, and the con- 
 sent of the stockholders owning at least two-thirds of the stock 
 of the corporation, which consent shall be in writing, and shall 
 be given and certified and be filed and recorded in the office of 
 the clerk or register of the county where it has its principal place 
 of business, as provided in section six of the stock corporation 
 law; or else the consent of the public service commission and the 
 consent by their votes of stockholders owning at least two-thirds 
 3263 of the stock of the corporation which is represented and voted 
 upon in person or by proxy at a meeting called for that purpose 
 upon a notice stating the time, place and object of the meeting, 
 served at least three weeks previously upon each stockholder 
 personally, or mailed to him at his post office address, and also 
 published at least once a week for three weeks successively in 
 some newspaper printed in the city, town or county where such 
 corporation has its principal office, and a certificate of the vote 
 at such meeting shall be signed and sworn to and shall be filed 
 and recorded as provided by section six of the stock corporation 
 law. When authorized by the stockholders' consent to any 
 bonds made or issued imder this section, the directors, under 
 such regulations as they may adopt, may confer on the holder of 
 any such bonds the right to convert the principal thereof, after 
 two and not more than 1 2 years from the date of the bond, into 
 stock of the corporation at a price fixed by the board of directors, 
 which may be either par or a price not less than the market 
 value thereof at the date of such consent to such bonds; and if the 
 capital stock shall not be sufficient to meet the conversion when 
 made, the board of directors shall authorize an increase of capital 
 stock sufficient for that purpose. Laws igio, ch. 481, sec. 8{io), 
 
 861 
 
Subject to the approval of the public service commission 
 of the proper district, any freight terminal corporation may 
 issue stocks, bonds, notes or other evidences of indebtedness, 
 payable at periods of more than 1 2 months after the date there 
 of, when necessary for the acquisition of property, the construc- 
 tion completion, extension, improvement or equipment of its 
 plant, or the improvement or maintenance of its service, or for 
 the discharge or lawful refunding of its obligations, and may 
 mortgage its property, privileges and franchises to secure its 
 8S64 bonds, whether convertible into stock or otherwise, and increase 
 or decrease its capital stock; provided, and not otherwise, that 
 as to any such issue or increase, there shall have been secured 
 from such public service commission an order stating that, in 
 the opinion of commission, the use of the capital to be secured 
 by the issue of such stock, bonds, notes or other evidences of 
 indebtedness is reasonably required for the said purposes of the 
 corporation, specifying the amount of the issue of each such 
 evidence of indebtedness approved and authorizing such issue. 
 Laws igii, ch. 775, sec. i57{a). 
 
 OHIO A public utility or a railroad may when au- 
 
 thorized by order of commission and not otherwise issue stocks, 
 bonds, notes and other evidences of indebtedness, payable at 
 periods of more than 12 months after date thereof, when neces- 
 sary for the acquisition of property, the construction, comple- 
 tion, extension or improvement of its facilities or for the improve- 
 ment or maintenance of its service, or for the reorganization or 
 readjustment of its indebtedness and capitalization, or for the 
 discharge or lawful refunding of its obligations, or for the re- 
 imbursement of moneys actually expended from income or from 
 any other moneys in the treasviry of the public utility or railroad 
 not secured or obtained from the issue of stocks, bonds, notes or 
 other evidences of indebtedness of such public utility or railroad 
 
 SS65 within five years next prior to the filing of an application there- 
 for as herein provided, or for any of the aforesaid purposes ex- 
 cept maintenance of service and except replacements in cases 
 where the applicant shall have kept its accounts and vouchers of 
 such expenditures in such manner as to enable the commission 
 to ascertain the amount of money so expended and the piuposes 
 for which said expenditure was made. The commission may, 
 by order duly made, authorize the issue of bonds, notes, or other 
 evidence of indebtedness, for the reimbursement of money here- 
 tofore actually expended from income for any of the aforesaid 
 
 8da 
 
puiposes, except maintenance of service and replacements prior 
 to five years next preceding the filing of an application therefor, 
 if such application for such consent be made prior to January 
 1, 1913. Laws iQiiy no. 325, sec. 56. 
 
 TEXAS Whenever any railroad company in this state 
 
 shall hereafter desire to make, issue and sell any bonds or evi- 
 dences of debt which are to become a lien on its property, it shall 
 comply with the laws of this state regulating the same and in 
 addition thereto shall have said bonds prepared, signed by the 
 president of the company, and attested by the secretary, with the 
 seal of the company attached thereto. Each bond shall be 
 nimibered, beginning with number one, or the next highest num- 
 
 3266 ber of any preceding bond issued by it, and continue consecutively 
 until all are nimibered. The bonds shall be dated, made pay- 
 able at a time not exceeding 30 years from date, and shall bear 
 interest not exceeding six per cent, per annum. The said bonds, 
 when thus prepared, shall be presented to the commission with a 
 statement in writing, signed and sworn to by the president of 
 said company, showing the amount of the stock of said company, 
 and the amoimt of outstanding bonds, if any, of said company. 
 Sayles' Civ. Stats. i8gy, art. 4j84{h). 
 
 Hereafter no bonds or other indebtedness shall be increased 
 or issued or executed by any authority whatsoever and secured by 
 lien or mortgage on any railroad or part of railroad, or the 
 franchise or property appurtenant or belonging thereto, over or 
 above the reasonable value of said railroad property; provided, 
 
 3267 that in case of emergency, on conclusive proof shown by the com- 
 pany to the railroad commission that public interests or the pres- 
 ervation of the property demanded it, the said commission may 
 permit said bonds, together with the stock in the aggregate, to 
 be executed to an amoimt not more than 50 per cent, over the 
 value of said property. Same, art. 4584Q}). 
 
 Any terminal railway company, in addition to the rights 
 conferred by law upon corporations generally, shall have and 
 exercise all rights and powers conferred upon railroad com- 
 panies by chapters eight and nine of title 94 of the revised 
 statutes of Texas relating to railroads, including the right to 
 issue bonds in excess of its authorized capital stock; provided, 
 that its stock and bonds shall be issued under the direction of 
 commission in accordance with the stock and bond law regu- 
 lating the issuance of stocks and bonds by railroads, and com- 
 mission shall fix the values of the property, rights and franchises 
 
 863 
 
of such terminal railway company and its stocks and bonds shall 
 not exceed the amount authorized by commission and jurisdic- 
 
 8268 tion over the issuance of bonds herein authorized is hereby 
 expressly vested in commission; provided, that no such terminal 
 company shall have the right to charge any railroad company 
 for terminal facilities a greater amount than may be from time 
 to time designated and established by commission, which shall 
 have authority to prescribe such rates and rules for the opera- 
 tion of all such terminal companies as will prevent discrimina- 
 tion by them against any common carrier with respect to either 
 charges or service; provided, further, that the provisions of arti- 
 cles 4564, 4565 and 4566 of the revised statutes of Texas (as to 
 rates, etc.) shall apply to any and all orders, ruling, judgments 
 and decrees of the railroad commission, made, entered or held 
 under the provisions of this act in regard to such terminal rail- 
 way companies. Same, sec. 53. 
 
 VERMONT A corporation organized imder the laws of this 
 
 state, subject to the provisions of this act, shall not increase its 
 capital stock nor issue mortgages, bonds or other securities except 
 such as are payable within one year from date of issue, without 
 first seciuing the permission of the public service commission on 
 petition and hearing for that purpose. Such corporation desiring 
 to increase its capital stock or to issue mortgages, bonds or other 
 securities, not payable within one year from date of issue, may 
 petition said commission for such permission, and said com- 
 mission shall thereupon appoint a time and place for hearing the 
 
 8269 petition. Said commission shall give reasonable notice in writing 
 by mail of the time and place of hearing thereon to such peti- 
 tioner, the attorney-general and the state's attorney of the county 
 wherein such petitioner has its principal place of business in this 
 state, and may in its discretion publish one or more times a notice 
 of the pendency of such petition and of the time and place of hear- 
 ing thereon in one or more newspapers published in the county 
 wherein such principal office is located, and for want of such 
 newspaper, in an adjoining county. The attorney general or 
 state's attorney of the county shall represent the state in such 
 hearing. Laws igo8, no. 116, sec. 16. 
 
 VIRGINIA See par. 4522. 
 
 WISCONSIN No corporation shall issue any stock or cer- 
 
 tificate of stock except in consideration of money or of labor 
 or property estimated at its true money value, actually received 
 
 864 
 
by it, equal to the par value thereof, nor any bonds or other 
 8270 evidences of indebtedness except for money or for labor or prop- 
 erty estimated at its true money value, actually received by it, 
 equal to 75 per cent, of the par value thereof, and all stocks 
 and bonds issued contrary to the provisions of law and all fic- 
 titious increase of the capital stock of any corporation shall be 
 void. Laws igoy, ch. 57^, sec. 1753. 
 
 No public service corporation shall hereafter issue for any 
 purposes connected with or relating to any part of its business, 
 any stocks, certificates of stock, bonds, notes or other evidences 
 sari of indebtedness, to an amount exceeding that which may from 
 time to time be reasonably necessary for the purpose for which 
 such issue of stock, certificates of stock, bonds, notes, or other 
 evidences of indebtedness may be authorized. Laws igii, ch. 
 593, sec. 1753-4- 
 
 The term " public service corporation " when used in this act shall mean and embrace 
 every railroad, street railway, telegraph, telephone, express, freight line, sleeping car, light, 
 heat, water, and power corporation, and all other corporations, excepting towns, villages, 
 ^^^^ and cities, engaged in the business of supplying the public, directly or indirectly, with light, 
 heat, power, or water, or in transmitting telegraph or telephone messages, or in transport- 
 ing passengers, freight, or express. Laws igii, ch. 593, sec. 1753-1. 
 
 The term " commission " when used in this act shall mean the railroad commission 
 of Wisconsin; the term " capital account " when used in this act shall mean the capital 
 3273 account prescribed by the commission and required to be kept by every public service 
 corporation as provided by law. Same. 
 
 The term " net income or revenue " when used in this act shall mean the money 
 8274 available for dividends and surplus according to the accounts prescribed by the commis- 
 sion and required to be kept by every public service corporation. Same. 
 
 A public service corporation may issue stocks, certificates of 
 stock, bonds, notes or other evidences of indebtedness, when 
 necessary for organization expenses and all other expenses rea- 
 sonably required in connection with the financing and construc- 
 tion of its property, for the acquisition of property, the con- 
 struction, completion, extension, or improvement of its plant, 
 distributing system, or facilities, or for the improvement of its 
 service, or for the discharge or refunding of its legal obligations, 
 or in case of railroad corporation for any of the purposes stated 
 8276 in section 1826 or subsection 10 of section 1828 of the statutes, 
 provided, however, that no such corporation shall issue any 
 stocks or certificates of stock for any purpose which is not 
 properly chargeable to its capital account; and that if any such 
 corporation shall issue any bonds, notes, or other evidences of 
 indebtedness for any lawful purpose which is not properly 
 chargeable to its capital account, it shall set aside annually from 
 its net income or revenue,^ if any, such a sum that when such 
 bonds, notes, or other evidences of indebtedness shall become 
 due and payable, the total amount of said sums so set aside shall 
 be sufficient to pay and discharge the same. Same, sec. 1753-5. 
 
 865 
 
No public service corporation shall issue any stocks, cer- 
 tificates of stock, bonds, notes or other evidences of indebted- 
 ness for the purpose of paying, discharging, refunding, exchang- 
 
 3276 ing for, or retiring, in whole or in part, directly or indirectly, 
 any of its bonds, notes, or other evidences of indebtedness, 
 payable at periods of less than one year after the date thereof, 
 which were issued for purposes not properly chargeable to its 
 capital account. Same, sec. I'/^j-d. 
 
 No public service corporation shall issue any stock or cer- 
 tificate of stock except in consideration of money, or of labor or 
 property, at its true money value, as found and determined by 
 the commission as in this act provided, actually received by it, 
 equal to the face value thereof, or any bonds, notes or other 
 evidences of indebtedness except for money, or for labor or 
 property estimated at its true money value, as foimd and de- 
 termined by the commission as in this act provided, actually re- 
 
 8277 ceived by it equal to a sum not less than 75 per cent, of the face 
 value thereof, provided, however, that no bonds, notes, or other 
 evidences of indebtedness of any such corporation issued for the 
 purpose of refunding, retiring, or discharging any of its bonds, 
 notes, or other evidences of indebtedness, shall be issued at less 
 than 75 per cent, of the face value thereof, plus the amount of 
 any discount hereafter paid or incurred by such corporation 
 upon the issuance of the bonds, notes, or other evidences of in- 
 debtedness to be refunded, retired, or discharged. Same, sec. 
 
 I75S-7- 
 
 The amount of bonds, notes, or other evidences of indebted- 
 ness which any public service corporation may issue shall bear a 
 reasonable proportion to the amount of stock and certificates of 
 stock issued by such corporation, due consideration being given 
 to the nature of the business in which the corporation is engaged, 
 
 3278 its credit and future prospects, the effect which such issue will 
 have upon the management and efficient operation of the cor- 
 poration by reason of the relative amount of financial interest 
 which the stockholders will have in the corporation, and the cir- 
 cumstances surrounding the operation and business of the cor- 
 poration. Same, sec. 1753-8. 
 
 No public service corporation shall hereafter issue any 
 stocks, certificates of stock, bonds, notes, or any other evidence 
 
 ii7« of indebtedness, except such as are issued for money only and 
 payable one year or less from the date thereof, until it shall have 
 first obtained authority for such issue from the commission, as 
 herein provided. Same, sec. i753-9{i). 
 
 &66 
 
Nothing in section 1753-9 contained, shall be construed to 
 prohibit the commission from authorizing in such certificate the 
 mortgage or pledge by any public service corporation of any 
 bond, note, or other evidence of indebtedness issued by such 
 corporation as security for or as part security for any bond, note, 
 or other evidence of indebtedness issued by or loan made to such 
 corporation which shall not be issued or made in violation of the 
 provisions of this act, provided, that the terms of said loan and 
 of such notes, bonds, or other evidences of indebtedness shall 
 provide that none of said pledged bonds, notes, or other evi- 
 dences of indebtedness shall, upon non-payment of the notes, 
 bonds or other evidences of indebtedness which they are pledged 
 
 3280 to secure, or upon non-performance of any of the conditions 
 thereof, be sold, or become the property of the holders of the 
 notes, bonds, or other evidences of indebtedness so secured, 
 either directly or through a trustee for their benefit, except at 
 or through public sale, notice whereof shall be published once 
 a week for not less than three successive weeks prior thereto, in 
 at least one newspaper of general circulation printed in the Eng- 
 lish language and published in the place where such sale shall 
 take place, and except at a sum not less than 75 per cent, of 
 the face value thereof, plus the discount, if any, paid or incurred 
 by the corporation upon the notes, bonds, or other evidence of 
 indebtedness which they are pledged to seciu-e. Same, sec. 
 1753-10. 
 
 Before the issuance of the certificate in this act provided, 
 authorizing any public service corporation to issue bonds, notes, 
 or other evidences of indebtedness, for piuposes properly charge- 
 able to its capital accoimt, such corporation shall pay the com- 
 mission a fee of $1 for each $1,000 of the face value of the bonds, 
 
 3281 notes, or other evidences of indebtedness to be issued by virtue 
 of such authority, provided that no fee shall be required when 
 such issue is made for the piupose of guaranteeing, taking over, 
 refunding, discharging, or retiring any bonds, notes, or other 
 evidences of indebtedness. Such fees when collected shall be 
 paid into the common school fund income. Same, sec. iy^y-21. 
 
 867 
 
D. POWER OF COMMISSION TO AUTHOR- 
 IZE ISSUES. 
 
 ARIZONA, CALIFORNIA 
 
 The commission may authorize issues of bonds, 
 notes or other evidences of indebtedness, less than, equivalent to 
 or greater than the authorized or subscribed capital stock of a 
 public utility corporation,^ and the provisions of section 309 and 
 S28a 456 of the civil code of this state, in so far as they contain in- 
 hibitions against the creation by corporations of indebtedness, 
 evidenced by bonds, notes or otherwise, in excess of their total 
 authorized or subscribed capital stock shall have no application 
 to public utility corporations. Ariz. — Sess. Laws 191 2, ch. 90, 
 sec. 52{b); Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 52(a). 
 
 The commission may by its order grant permission for the 
 issue of such stock or stock certificates or bonds, notes or other 
 
 8283 evidences of indebtedness in the amount applied for, or in a lesser 
 amotmt, or not at all, and may attach to the exercise of its per- 
 mission such condition or conditions as it may deem reasonable 
 and necessary. Ariz. — Same; Cal. — Same, sec. 52(6). 
 
 ElANSAS Upon full compliance by the applicant with the 
 
 provisions of this section, the commission shall forthwith issue a 
 certificate stating the amount, character, purposes and terms 
 
 8284 upon which such stocks, certificates, bonds, notes or other evi- 
 dences of indebtedness are proposed to be issued, as set out in the 
 application for such certificate, and that the statements contained 
 in such application have been ascertained to be true. Laws 191 1, 
 ch. 2j8, sec. 25. 
 
 MASSACHUSETTS The commission (or commissioner) shall render 
 a decision upon an application for such issue within 30 days after 
 the final hearing thereon. Such decision shall be in writing, 
 shall assign the reasons therefor, shall, if authorizing such issue, 
 specify the respective amounts of stock, or bonds, or of coupon 
 notes, or other evidences of indebtedness, as aforesaid, which 
 are authorized to be issued for the respective purposes to which 
 the proceeds thereof are to be applied, shall within seven days 
 after it has been rendered, be filed in the office of said commission 
 
 8286 (or commissioner). A certificate of the decision of said commis- 
 
 I*' Public service corporation," in Arizona. 
 
 868 
 
sion shall within three days after such decision has been rendered, 
 and before the stock or bonds or coupon notes or other evidences 
 of indebtedness, as aforesaid, are issued, be filed in the office of 
 the secretary of the commonwealth and duplicate thereof de- 
 livered to the corporation. Rev. Laws igo2, ch. log, sec. 24 
 {gas, electric, aqueduct, water companies and companies for trans- 
 mitting intelligence by electricity). Acts igo6, ch. 46 j, pt. ii, sec. 
 65 {railroad corporations) ; pt. Hi, sec. loy {street railway com- 
 panies) . 
 
 If, when the gas and electric light commission approve an 
 issue of new stock or bonds by a gas or electric light company, 
 it determines that the fair structural value of the plant of such 
 company is less than its outstanding stock and debt, it may pre- 
 scribe such conditions and requirements as it determines are best 
 3286 adapted to make good within a reasonable time the impairment 
 of the capital stock; or, before allowing an increase, it may re- 
 quire the capital stock to be reduced by a prescribed amoimt not 
 exceeding the amoimt of such impairment. The amount of im- 
 pairment and the conditions and requirements imposed shall be 
 stated in the annual report of the commission. Rev. Laws igo2, 
 ch. log, sec. 26. 
 
 Under sections 24 and 26 the only way in which the gas and 
 electric light commission can require an impairment of capital 
 to be made good out of earnings is by imposing such conditions 
 upon any further issue of stock or bonds of the company. Childs 
 vs. Krey, igg Mass. 352. 
 
 MICHIGAN If from the application filed and such other 
 
 information obtained from the investigation herein authorized, 
 the said commission shall be satisfied that the funds derived from 
 
 W87 such issue of stocks, bonds or notes are to be applied to lawful 
 ptuposes and that such issue and amount are essential to the 
 successful carrying out of such ptuposes, then said commission 
 shall grant authority to make the issue applied for. Puh. Acts 
 igii, no. 177, sec. i. 
 
 NEW HAMPSHIRE Upon petition of directors of a raikoad cor- 
 poration, or public utility, the commission shall, after public 
 notice and hearing, determine the amoimt of stock or bonds which, 
 in its opinion, is reasonably requisite for the purposes for which 
 
 8S88 the issue is to be made, and shall, within 30 days after final 
 hearing upon such petition, file in the office of the secretary of 
 state a certificate setting out the amount of the increase which 
 it has authorized and the purposes for which the proceeds of such 
 new stock or bonds may be used. Laws igii, ch. 164, sec. 14 (a). 
 
 869 
 
NEW JERSEY It shall be the duty of the commission, after 
 
 hearing, to approve of any such proposed issue maturing in more 
 
 3289 than one year from the date thereof, when satisfied that the 
 same is to be made in accordance with law and the purpose of 
 such issue be approved by said commission. Laws 1911, ch. igs* 
 sec. 18(e). 
 
 NEW YORK The order of the commission shall fix the 
 
 amount of any such issue and the purposes to which it or its pro- 
 ceeds are to be applied, and recite that in the opinion of the com- 
 mission the money, property or labor procured or to be procured, 
 or paid for by such issue or its proceeds, has been or is reasonably 
 
 3290 required for the purposes specified in the order, and that such 
 purposes are in no part reasonably chargeable to operating ex- 
 penses or to income, except in the case of bonds, notes or other 
 evidences of indebtedness as may be permitted in the order. 
 Laws 1 910, ch. 480, sec. ioi{i) (telegraph and telephone cor- 
 porations). 
 
 See also par. 3261, 
 
 OHIO The order of the commission shall fix the 
 
 amount, character and terms of any such issue and the pur- 
 poses to which the issue or any proceeds thereof shall be applied, 
 and recite that the money, property, consideration or labor pro- 
 
 3291 cured, or to be procured or paid for by such issue, has been or 
 is reasonably required for the purposes specified in the order, 
 and the value of any property, consideration or service, as the 
 case may be, as found by the commission, for which, in whole 
 or in part, such issue is proposed to be made. Laws 191 1, no. 
 325, sec. 58. 
 
 It shall be the duty of the commission to authorize on the 
 best terms obtainable such issues of^jStocks, bonds and other 
 8292 evidences of indebtedness as shall be necessary to enable any 
 public utility to comply with the provisions of any contract 
 heretofore made between such public utility and any municipal- 
 ity. Same, sec. 56. 
 
 TEXAS If said bonds are such as are permitted under 
 
 this law, and commission shall be so satisfied, it shall approve 
 
 said bonds and shall issue to the secretary of state a direction to 
 
 . register said bonds, specifying the numbers, dates and amounts 
 
 3293 thereof, and said commission shall keep in its office a correct 
 record of the bonds so approved by it, giving the name of the 
 company, the numbers, dates of execution and maturity of the 
 
 870 
 
bonds the amount and rate of interest of each and the date of 
 approval. Sayles^ Civ. Stats. iSpy, art. 4j84{h). 
 
 VERMONT If the commission, after due hearing, is satis- 
 
 fied that such corporation ought to be permitted to increase its 
 capital stock, or to issue such mortgages, bonds or other securi- 
 ties, and that the same is required for the proper development 
 
 3294 of the business of such corporation, and that the same will be 
 promotive of the general good of the public, said commission 
 shall then issue to said corporation a certificate under its seal, 
 stating the amount of increase, manner, terms and conditions 
 under which the same may be issued. Laws 1908, no. 116, sec. 
 16. 
 
 See also pars. 349, 351. 
 
 WISCONSIN The commission shall find and determine the 
 
 amount of such stock, certificates of stock, bonds, notes or other 
 
 3295 evidences of indebtedness (issues for money only) reasonably 
 necessary for the purposes for which the same are to be issued. 
 Laws 1911, ch. 593, sec. 1^^3-9(2). 
 
 If the commission shall determine that such proposed issue 
 (for money only) complies with the provisions of this act such 
 authority shall thereupon be granted, and it shall issue to the 
 corporation a certificate of authority, stating : (a) the amount of 
 
 3296 such stocks. Certificate of stock, bonds, notes, or other evidences 
 of indebtedness reasonably necessary for the purposes for which 
 they are to be issued, and the character of the same; (b) the pur- 
 poses for which they are to be issued; and (c) the terms upon 
 which they are to be issued. Same, sec. 1733-9(3)' 
 
 If the commission shall determine that the proposed issue 
 (for other than money) complies with the provisions of this act, 
 such authority shall thereupon be granted and it shall issue to the 
 corporation a certificate of authority stating: (a) the amount of 
 such stocks, certificates of stock, bonds, notes, or other evidences 
 of indebtedness reasonably necessary for the purposes for which 
 
 3297 they are to be issued, and the character of the same; (b) the ptir- 
 poses for which they are to be issued; (c) the terms upon which 
 they are to be issued, and (d) the true value of the property, 
 services, or other consideration than money (which shall be de- 
 scribed in detail) as found and determined by the commission, 
 for which, in whole or in part, such issue is to be made. Same, 
 sec. 1753-9(6)' 
 
 871 
 
E. CHARACTER OF INVESTIGATION BY 
 COMMISSION. 
 
 ARIZONA, CALIFORNIA, GEORGIA, MARYLAND 
 
 To enable it to determine whether it will issue 
 such order, the commission shall hold a hearing and may make 
 such additional inquiry or investigation and examine such wit- 
 nesses, books, documents, papers and contracts and require the 
 filing of such data as it may deem of assistance.^ Ariz. — Sess. 
 8398 Laws iQi2y ch. go, sec. 52{h); Col. — Stats, igii, ist. ex. sess., ch. 
 14, sec. 52Q)); Ga. — Code igii, as amended, sec. 2665; Md. — 
 Laws igio, ch. 180, sec. 27 {common carrier, railroad and street 
 railroad corporations), sec. 34 (gas and electrical corporations), 
 sec. 41 (telephone and telegraph corporations), sec. 42 (water, heat, 
 refrigerator and power companies). 
 
 KANSAS See par. 3305. 
 
 MICHIGAN After receiving such application, said commis- 
 
 sion may, for the piu-pose of enabling it to determine whether it 
 should grant such authority, make such inquiry or investigation, 
 hold such hearings and examine such witnesses, books, papers, 
 documents or contracts as it may deem of importance in enabling 
 it to reach a determination. If the applicant shall fail, neglect, 
 or refuse to furnish any or all of the information required by said 
 commission, or if the said commission shall so direct, an ap- 
 praisal of the property of said applicant, shall be made by a dis- 
 interested person or persons to be appointed by said commission 
 and whose compensation shall be fixed by said commission, 
 the entire expense of making such appraisal to be borne by said 
 applicant. After said appraisal is made and filed with said com- 
 
 8899 mission and before any action is taken by said commission upon 
 said application, the expenses of said appraisal as determined by 
 said commission shall be paid by said applicant to said com- 
 mission, which shall deposit the same in the treasury of the 
 state to be credited to the general fimd, taking the receipt of the 
 treasurer therefor and filing the same in its office with said ap- 
 plication. If the applicant shall refuse or neglect to pay the ex- 
 pense of said appraisal, the commission shall dismiss such ap- 
 plication and said commission may bring an action against said 
 applicant in any court of competent jurisdiction in this state for 
 
 • Georgia — "deem advisable"; Maryland — " deem of importance in enabling it to reach a 
 deternaination"; Ohio — "deem proper." 
 
 872 
 
the recovery of the expense of said appraisal. The expense of 
 said appraisal shall be paid by the state treasurer upon the war- 
 rant of the auditor general to the persons certified by the com- 
 mission to be entitled thereto. Pub. Acts igii, no. lyy, sec. i. 
 
 NEBRASKA, NEW YORK, OHIO 
 
 Identical with par. 3298. Neh. — Acts igog, 
 ch. 108, sec. i; N. Y. — Laws 1910, ch. 480, sec. 55 {common car- 
 ssoo Her, railroad and street railroad corporations), sec. 69 {gas and 
 electrical corporations), sec. ioi{i) {telephone and telegraph cor- 
 porations); Ohio — Laws 1911, no. J25, sec. j8. 
 
 VERMONT See par. 3269. 
 
 WISCONSIN For the purpose of enabling it to determine 
 
 whether the proposed issue (for other than money) complies with 
 the provisions of this act, the commission shall determine the true 
 valuation in detail of the property, services or other considera- 
 tion, other than money, for which it is proposed to issue, in 
 
 ssoi whole or in part, such stocks, certificates of stock, bonds, notes 
 or other evidences of indebtedness, and shall make such inquiry 
 or investigation, hold such hearings and examine such witnesses 
 books, papers, documents or contracts as it may deem of im- 
 portance in enabling it to reach a determination. Laws 191 1, 
 ch. 593, sec. 1753-9(5)- 
 
 For the purpose of enabling it to determine whether the pro- 
 posed issue (for money only) complies with the provisions of this 
 
 3302 act, the commission shall make such inquiry or investigation, 
 hold such hearings and examine such witnesses, books, papers, 
 documents or contracts as it may deem of importance in en- 
 abling it to reach a determination. It may also make a valua- 
 tion of aU the property of the corporation if it deems it pertinent 
 to the inquiry or investigation. Same, sec. 1753-9(2). 
 
 Any such public service corporation, if dissatisfied with any 
 valuation made by the commission, or any order or certificate 
 made or issued by it, may commence an action in the circuit 
 court of Dane county against the commission, as defendant, to 
 
 SSO8 vacate and set aside such valuation, order, or certificate on the 
 ground that the same is unreasonable or imlawful, in which 
 action the complaint shall be served with the summons. Sec- 
 tions 1797-16 and 1797-17 of the statutes shall apply to all the 
 rights of the parties to the proceeding in such action. Same, 
 $ec, 1753-16. 
 
 S73 
 
F. PROCEEDINGS FOR OBTAINING CER- 
 TIFICATE AND CONDITIONS OF ITS 
 ISSUE. 
 
 I. Issues for Money Only. 
 
 KANSAS The proceedings for obtaining such certificate 
 
 from commission and the conditions of its being issued by com- 
 mission shall be as follows: In case the stocks, certificates, 
 bonds, notes or other evidences of indebtedness are to be issued 
 for money only, the public utility or common carrier shall file 
 with the commission a statement, signed and verified by the 
 president or other chief officer of the company having knowledge 
 
 3304 of the facts, showing (i) the amount and character of the pro- 
 posed stocks, certificates, bonds, notes or other evidences of in- 
 debtedness; (2) the general purposes for which they are to be 
 issued; (3) the terms on which they are to be issued; (4) the 
 total assets and liabilities of the public utility or common carrier; 
 and (5) that the capital sought to be secured by the issuance of 
 such stocks, certificates, bonds, notes or other evidences of in- 
 debtedness is necessary and required for such purposes and will 
 be used therefor. Laws igii, ch. 2j8, sec. 25. 
 
 The commission may also require the public utility or com- 
 mon carrier to furnish such further statements of facts as may be 
 
 3306 reasonable and pertinent to the inquiry, and shall have full power 
 to ascertain the truth of all statements made by such common 
 carrier or public utility. Same. 
 
 OHIO The proceedings for obtaining the consent and 
 
 authority of the commission for such issue as pi^vided in the 
 next preceding section of this act, shall be as follows in case the 
 stocks, bonds, notes, or other evidence of indebtedness are to 
 be issued for money only : The public utility or railroad shall file 
 with the commission a statement, signed and verified by the 
 
 8306 president and secretary thereof setting forth (i) the amount and 
 character of the stocks, bonds or other evidence of indebtedness; 
 (2) the purposes for which they are to be issued; (3) the terms 
 upon which they are to be issued; (4) the total assets and liabil- 
 ities of the public utility or railroad in such detail as the com- 
 mission may require; (5) if the issue is desired for the purpose of 
 the reimbursement of money expended from income, as herein 
 provided, the amount expended, when and for what purposes 
 
 874 
 
expended; (6) such other facts and information pertinent to the 
 inquiry as the commission may require. Laws igii, no. 325, 
 sec. 57. 
 
 WISCONSIN The proceedings for obtaining a certificate of 
 
 such authority from the commission and the conditions of its 
 being granted by the commission shall be as follows : In case the 
 stocks, certificates of stock, bonds, notes or other evidences of 
 indebtedness are payable at periods of more than one year after 
 the date thereof, and are to be issued for money only, the cor- 
 poration shall file with the commission a statement, signed and 
 
 3307 verified by its president and secretary, setting forth (i) the 
 amoimt and character of the proposed stocks, certificates of 
 stock, bonds, notes, or other evidences of indebtedness; (2) the 
 purposes for which they are to be issued; (3) the terms on which 
 they are to be issued, and (4) the total assets and liabilities, and 
 the previous financial operations and business of the corpora- 
 tion, in such detail as the commission may require. Laws igii, 
 ch. 593, sec. 1753-9(1) ■ 
 
 The signers of the articles of association of a public service 
 
 3308 corporation hereafter organized may sign and verify such state- 
 ment in the first instance. Same, sec. 1733-9(2). 
 
 2. Issues for Other Than Money. 
 
 KANSAS In case the stocks, certificates, bonds, notes or 
 
 other evidences of indebtedness are to be issued partly or wholly 
 for property or services or other consideration than money, the 
 public utility or common carrier shall file with the commission a 
 statement, signed and verified by the president or other chief 
 officer having knowledge of the facts, showing: (i) the amoimt 
 and character of the stocks, certificates, bonds, notes or other 
 evidences of indebtedness proposed to be issued; (2) the general 
 purposes for which they are to be issued; (3) a general descrip- 
 
 3309 tion and an estimated value of the property or services for 
 which they are to be issued; (4) the terms on which they are to be 
 issued or exchanged; (5) the amount of money, if any, to be re- 
 ceived for the same in addition to such property, services or 
 other consideration; (6) the total assets and liabilities of the 
 public utility or common carrier; and (7) that the capital sought 
 to be secured by the issuance of such stocks, certificates, bonds, 
 notes or other evidences of indebtedness is necessary and required 
 for such purposes and will be used therefor. Laws igii, ch. 
 238, sec. 25. 
 
 875 
 
The commission may also require the public utility or com- 
 mon carrier to furnish such further statements of facts as may be 
 ssio reasonable and pertinent to the inquiry, and shall have full power 
 to ascertain the truth of all statements made by such common 
 carrier or public utility. Same. 
 
 OHIO If the stocks, bonds, notes or other evidence of 
 
 indebtedness are to be issued, partly or wholly for property or 
 services or other consideration than money the public utility or 
 railroad shall file with the commission a statement, signed and 
 verified by its president and secretary, setting forth: (i) the 
 amount and character of the stocks, bonds or other evidence of 
 indebtedness proposed to be issued; (2) the purposes for which 
 they are to be issued; (3) the description and estimated value of 
 
 S311 the property or services for which they are to be issued; (4) the 
 terms on which they are to be issued or exchanged; (5) the 
 amount of money, if any, to be received from the same in addition 
 to the property, service or other consideration; (6) the total assets 
 and liabilities of the public utility or railroad in such detail as the 
 commission may require, and (7) such other facts and information 
 pertinent to the inquiry as commission may require. Laws igii, 
 no. 325, sec. 57. 
 
 WISCONSIN In case the stocks, certificates of stock, bonds, 
 
 notes, or other evidences of indebtedness, payable in more than 
 one year after the date thereof, or payable in less than one year 
 from the date thereof when issued for purposes properly charge- 
 able to its capital account, are to be issued, partly or wholly, for 
 property or services or other consideration than money, the cor- 
 poration shall file with the commission a statement, signed and 
 verified by its president and secretary, setting forth: (i) the 
 amotmt and character of the stocks, certificates of stock, bonds, 
 
 ssis notes, or other evidences of indebtedness proposed to be issued; 
 (2) the purposes for which they are to be issued; (3) the descrip- 
 tion in detail and estimated value of the property or services for 
 which they are to be issued; (4) the terms on which they are to 
 be issued or exchanged; (5) the amoimt of money, if any, to be 
 received for the same, in addition to such property, services, or 
 other consideration, and (6) the total assets and liabilities, and 
 the previous financial operations and business of the corporation, 
 in such detail as the commission may require. Laws igiij ch, 
 $93, sec. 1753-9(4)' 
 
 The signers of the articles of association of a public service 
 
 876 
 
S31S corporation hereafter organized may sign and verify such state- 
 ment in the first instance. Same, sec. i7S3~9(s)' 
 
 G. LIMITATIONS ON APPLICATION OF 
 
 ACTS. 
 
 E[ANSAS This provision shall not apply to any lawfiil 
 
 issue of stock, the lawful execution and delivery of any mortgage, 
 
 3314 or to the lawful issue of any bonds thereimder which shall have 
 been duly approved by the commission prior to the taking effect 
 of this act. Laws igii, ch. 2j8, sec. 25. 
 
 MARYLAND Substantially identical with par. 3314. Laws 
 
 igio, ch. 180, sec. 2y {common carrier, railroad and street railroad 
 
 3316 corporations), sec. 41 (telephone and telegraph companies), sec. 42 
 {water, heat, refrigerator and power companies). 
 
 MASSACHUSETTS The provisions of this section shall not require 
 the approval of the railroad commission to the issue of capital 
 stock or bonds or of coupon notes, or other evidences of in- 
 
 3316 debtedness, as aforesaid, authorized by law of this common- 
 wealth, the proceeds of which are to be expended in another state 
 or country, or which are to pay for borrowed money expended 
 in another state or coimtry. Acts igo6, ch. 463, pt. ii, sec. 
 65 {railroad companies). 
 
 NEW HAMPSHIRE No public utility or railroad corporation not 
 owning, operating or maintaining a railroad within this state, sub- 
 ject to the provisions of this act, shall be required to apply to the 
 commission for authority to issue stocks, bonds, notes or other 
 
 3317 evidence of indebtedness, except for the acquisition of property, 
 the construction, completion, extension or improvement of its 
 facilities, or the improvement or maintenance of its service within 
 this state, or the discharge or refunding of its obligations or re- 
 imbursement of moneys actually expended for such purposes. 
 Laws igii, ch. 164, sec. 14(a). 
 
 NEW YORK This provision shall not apply to any lawful 
 
 issue of stock, to the lawful execution and delivery of any mort- 
 
 8318 gage, or to the lawful issue of any bonds thereunder, which shall 
 have been duly approved by the board of railroad commissioners 
 before July i, 1907. Laws igio, ch. 480, sec. ^^ (common car- 
 rier, railroad and street railroad companies). 
 
 877 
 
No telegraph corporation or telephone corporation shall be 
 required to apply to the commission for authority to issue stocks, 
 bonds, notes or other evidence of indebtedness, except for the 
 
 3319 acquisition of property, the construction, completion, extension 
 or improvement of its facilities, or the improvement or main- 
 tenance of its service within the state, or the discharge or re- 
 fimding of obligations or reimbursement of moneys actually ex- 
 pended for such piirposes. Same, sec. ioi{i). 
 
 OHIO No interstate railroad or public utility shall be 
 
 required to apply to the commission for authority to issue stock, 
 bonds, notes or other evidence of indebtedness for the acquisition 
 of property, the construction, completion, extension or improve- 
 
 3320 ment of its facilities, or the improvement or maintenance of its 
 service outside the state, or for the discharge or refunding of 
 obligations issued or incurred for such purposes, or for the reim- 
 bursement of moneys actually expended for such purposes out- 
 side the state. Laws igii, no. 325, sec. 58. 
 
 TEXAS This provision shall not apply to receivers' 
 
 3321 certificates where the amount does not exceed $100,000. Sayles^ 
 Civ. Stats. iSgy, art. 4584Q1). 
 
 VERMONT Nothing contained in this act shall apply to a 
 
 3322 mortgage heretofore executed and recorded, nor to bonds there- 
 by secured. Laws igo8, no. 116, sec. 16. 
 
 WISCONSIN The provisions of this act shall not apply to 
 
 8323 any stock, bonds or other evidence of indebtedness heretofore 
 
 authorized by the commission. Laws igiiy ch. ^gj, sec. iy^j-22. 
 
 H. UTILITIES AUTHORIZED TO ISSUE 
 NOTES FOR LIMITED PERIODS WITH- 
 OUT CERTIFICATE. 
 
 ARIZONA, CALIFORNIA 
 
 A public utility ^ may issue notes for proper pur- 
 poses and not in violation of any provisions of this act or any 
 other act, payable at periods of not more than 12 months after 
 the date of issuance of same, without the consent of the commis- 
 3324 sion, but no such notes shall, in whole or in part, be refunded by 
 any issue of stocks or stock certificates, or of bonds, notes of any 
 
 »" Public service corporation," in Arizona. 
 
 878 
 
term or character, or any other evidence of indebtedness, without 
 the consent of the commission. Ariz.- — Sess. Laws IQ12, ch. go, 
 sec. 52Q}); Cal. — Stats, igii, ist. ex. sess., ch. 14, sec. 52{a). 
 
 GEORGIA Such corporations or companies may issue 
 
 notes or other evidences of indebtedness for proper corporate pur- 
 poses and not in violation of any law, payable at periods of not 
 more than 12 months from date, without such consent, but no 
 
 3325 such notes or other evidences of indebtedness shall, in whole or in 
 part, directly or indirectly, be refunded by any issue of stocks or 
 bonds, or by any evidence of indebtedness running for more than 
 12 months, without the consent of the commission. Code igii, 
 sec. 2665. 
 
 BIANSAS Any issue of stocks, certificates, bonds, notes 
 
 or other evidences of indebtedness not payable within one year, 
 
 3326 which shall be issued by such public utility or common carrier 
 contrary to the provisions of this act shall be void. Laws igii, 
 ch. 2j8, sec. 25. 
 
 MARYLAND Identical with par. 3325 in authorizing issue 
 
 of notes only for periods not exceeding 12 months. Laws igio, 
 
 3327 ch. 180, sec. 2j {common carrier, railroad and street railroad cor- 
 porations), sec. 24 (g^-^ <^^^ electrical corporations), sec. 41 {tele- 
 phone and telegraph corporations), sec. 42 {water, heat, refrigerator 
 and power corporations). 
 
 MICHIGAN Any such person, corporation or association 
 
 may issue notes for lawful purposes, payable at periods of not 
 more than 24 months, without authority from said commission; 
 
 3328 but no such notes shall, in whole or in part, directly or in- 
 directly, be refunded by any issue of stock or bonds, or by any 
 evidence of indebtedness running for more than 12 months, 
 without the consent of said commission. Pub. Acts igii, no. 
 lyj, sec. I. 
 
 NEBRASKA, NEW YORK, OHIO 
 
 Substantially identical with par. 3325 in au- 
 thorizing issue of notes only. Neh. — Acts igog, ch. 108, sec. i; 
 S329 N. Y. — Laws igio, ch. 480, sec. 5^ {common carrier, railroad and 
 street railroad corporations), sec. 6g {gas and electrical corpora- 
 tions), sec. ioi{i) {telegraph and telephone corporations); Ohio — • 
 Laws igii, no. ^25, sec. j8. 
 
 WISCONSIN Except as otherwise provided herein, the pro- 
 
 visions of this act shall apply to the issue by public service cor- 
 
 879 
 
3330 porations of stocks, certificates of stock, bonds, notes or other 
 evidences of indebtedness, payable at periods of more than one 
 year after the date thereof. Laws igii, ch. ^gj, sec. 1753-3. 
 
 I. ISSUE OF STOCKS OR BONDS FOR FRAN- 
 CHISES OR PROPERTY OF OTHER PUB- 
 LIC UTILITIES. 
 
 NEW HAMPSHIRE The commission may authorize a pubUc 
 utility to issue its stocks or bonds in payment for property or 
 
 3331 stocks, bonds or other securities of like corporations which it may 
 lawfully acquire, upon such terms as the commission may ap- 
 prove, having due regard to the public good. Laws igii, ch. 
 164, sec. i4{e). 
 
 J. CAPITALIZATION OF REORGANIZED 
 
 UTILITIES. 
 
 NEW YORK Reorganizations of railroad corporations, street 
 
 railroad corporations, common carriers, gas corporations, elec- 
 trical corporations, and telegraph and telephone corporations 
 pursuant to sections nine and ten of the stock corporation law 
 
 3332 and such other laws as may be enacted from time to time shall 
 be subject to the supervision and control of the proper commis- 
 sion and no such reorganization shall be had without the author- 
 ization of such commission. Laws igio, ch. 480. sees. 55a(i), 
 6ga{i)y ioia{i). 
 
 Upon all such reorganizations the amoimt of capitalization, 
 including therein all stocks and bonds and other evidence of in- 
 debtedness, shall be such as is authorized by the commission 
 which, in making its determination, shall not exceed the fair 
 value of the property involved, taking into consideration its 
 original cost of construction, duplication cost, present condition, 
 
 3333 earning power at reasonable rates and all other relevant matters 
 and any additional sum or sums as shall be actually paid in cash, 
 provided, however, that the commission may make due allow- 
 ance for discoimt of bonds. Any reorganization agreement 
 before it becomes effective shall be amended so that the amount 
 of capitalization shall conform to the amoimt authorized by the 
 commission. SamCy sees. 5Sa{2), 6ga{2), ioia{2). 
 
 880 
 
OHIO Where a public utility or railroad is, at the 
 
 time this act takes effect, in the possession of one or more re- 
 ceivers or its property is under foreclosure, and a reorganization 
 thereof is pending, any new company or companies that may 
 hereafter be organized to acquire such property or any part 
 thereof shall be exempt from all the provisions of this act with 
 respect to the issue of bonds, stocks and evidences of debt, pro- 
 vided that the total debts, obligations and securities of such new 
 
 SSS4 or reorganized company or companies exclusive of bonds, obliga- 
 tions, stocks and other securities that may be issued or author- 
 ized for additional capital shall not exceed the debts, obligations, 
 stocks and other seciuities of the existing company or companies, 
 and provided, further, that from and after its organization and 
 the issue of such bonds, obligations, stocks and other securities 
 are hereby permitted, all the provisions of this act shall apply to 
 such new or reorganized company or companies. Laws igii, 
 no. 325, sec. 59. 
 
 WISCONSIN Any person or association of persons, which 
 
 shall have, or may hereafter become the owner or assignee of the 
 rights, powers, privileges, and franchise of any public service 
 corporation, created or organized by or imder any law of this 
 state, by purchase under a mortgage sale, sale in bankrupt pro- 
 ceedings, or sale under any judgment, order, decree, or pro- 
 ceedings of any court in this state, including the courts of the 
 United States sitting herein, must, within 60 days after such 
 purchase or assignment, organize anew by filing articles of or- 
 ganization as provided by law respecting corporations for 
 
 3336 similar purposes, and thereupon shall have the rights, privileges 
 and franchises which such corporation had, or was entitled to 
 have, at the time of such purchase and sale, and such as are 
 provided by those statutes applicable thereto. The new organi- 
 zation may issue stock, certificates of stock and bonds for the 
 property of the former corporation thus acquired, in an amount 
 not to exceed the true value of such property, as fotmd and de- 
 termined by the commission, and stated in the certificate of 
 authority issued to such corporation, in accordance with the 
 provisions of subsections 5 and 6 of section 1753-9 of ^^^ statutes. 
 Laws igii, ch. 593, sec. i753-ii{i). 
 
 881 
 
K. UNAUTHORIZED ISSUES VOID. 
 
 ARIZONA, CALIFORNIA 
 
 All stock and every stock certificate, and every 
 bond, note or other evidence of indebtedness of a public utility,* 
 issued without an order of the commission authorizing the same 
 then in effect shall be void, and likewise all stock and every stock 
 certificate, and every bond, note or other evidence of indebted- 
 ness, of a public utility,* issued with the authorization of the 
 commission, but not conforming in its provisions to the pro- 
 
 3336 visions, if any, which it is required by the order of authorization 
 of the commission to contain, shall be void; but no failure in any 
 other respect to comply with the terms or conditions of the order 
 of authorization of the commission shall render void any stock 
 or stock certificate, or any bond, note or other evidence of in- 
 debtedness, except as to a corporation or person taking the same 
 otherwise than in good faith and for value and without actual 
 notice. Ariz. — Sess. Laws 1912, ch. go, sec. 52{d); Cal. — Stats, 
 igii, ist. ex. sess., ch. 14, sec. 52{d). 
 
 All stocks and stock certificates, and bonds, notes and other 
 evidences of indebtedness issued by any public utility * after 
 this act takes effect, upon the authority of any articles of incor- 
 poration or amendments thereto or vote of the stockholders or 
 directors filed, taken or had, or other proceedings taken or had 
 
 3337 previous to the taking effect of this act shall be void, tmless an 
 order of the commission authorizing the issue of such stocks or 
 stock certificates, or bonds, notes or other evidence of indebted- 
 ness shall have been obtained from the commission prior to such 
 issue. The commission may by its order impose such condition 
 or conditions as it may deem reasonable and necessary. Ariz. — 
 Same, sec. 52Q1); Cal. — Same, sec. j2{h). 
 
 KANSAS Any issue of stocks, certificates, bonds, notes 
 
 or other evidences of indebtedness, not payable within one year, 
 
 3338 which shall be issued by such public utility or common carrier 
 contrary to the provisions of this act, shall be void. Laws 191 1, 
 ch. 2j8, sec. 25. 
 
 OHIO All stocks, bonds, notes or other evidence of 
 
 3339 indebtedness issued by any public utility or railroad without the 
 
 1" Public service corporation," in Arizona. 
 
 882 
 
consent or permission of the commission, as herein provided, 
 shall be void and of no effect. Laws igii, no. 325, sec. 58. 
 
 TEXAS Every certificate of stock in any railroad com- 
 
 pany and every bond and other evidence of debt operating as a 
 
 8340 lien upon the property of such railroad company, which shall be 
 made, issued or sold without a compliance with this chapter, 
 shall be void. Sayles' Civ. Stats. i8gy, art. 4S^4.{k). 
 
 WISCONSIN All stocks, certificates of stock, bonds, notes 
 
 3341 and other evidences of indebtedness of any public service cor- 
 poration, issued contrary to the provisions of this act, shall be 
 void. Laws igii, ch. ^gj, sec. iyS3~7- 
 
 All stocks, certificates of stock, bonds, notes, or other 
 evidences of indebtedness issued or delivered by any public serv- 
 ice corporation, after this act takes effect, upon the authority 
 of any articles of incorporation or amendments thereto or vote of 
 834*! the stockholders or directors filed, taken or had previous to the 
 taking effect of this act, shall be void unless the certificate pro- 
 vided for by this act shall have been obtained from the commis- 
 sion prior to such issue or delivery. The burden of proof shall be 
 upon any party claiming any exemption under this act. Same, 
 sec. 1753-19- 
 
 L. APPLICATION OF PROCEEDS OF IS- 
 SUES. 
 
 ARIZONA, CALIFORNIA 
 
 No public utility^ shall, without the consent of 
 the commission apply the issue of any stock or stock certificate 
 or bond, note or other evidence of indebtedness, or any part 
 thereof, or any proceeds thereof to any purpose not specified in 
 
 3343 the commission's order, or to any purpose specified in the com- 
 mission's order in excess of the amount authorized for such pur- 
 pose, or issue or dispose of the same on terms less favorable 
 than those specified in such order, or a modification thereof. 
 Ariz. — Sess. Laws igi2, ch. go, sec. 52(b); CaL — Stats. 191 1, ist. 
 ex. sess.y ch. 14, sec. 52(a). 
 
 KANSAS No corporation engaged in the business of a 
 
 3344 common carrier shall apply the proceeds of any such stocks, 
 certificates of stock, bonds or other evidences of indebtedness to 
 any other purpose or issue the same on any less favorable terms 
 
 1" Public service corporation," in Arizona. 
 
 883 
 
than that specified in the certificate issued by the commission, 
 unless by permission of commission. Gen. Stats, igog, sec. yo6^. 
 
 MASSACHUSETTS A company which is within the provisions of 
 this section shall not apply the proceeds of such stock or bonds or 
 coupon notes or other evidences of indebtedness as aforesaid, to 
 
 8S46 any ptirpose not specified in such certificate. Rev. Laws igo2, 
 ch. log, sec. 24 {gas, electric light, aqueduct and water companies 
 and corporations for transmitting intelligence by electricity). 
 Acts IQ06, ch. 46 J, pt. a, sec. 65 {railroad corporation), sec. loy 
 {street railway company). 
 
 NEW HAMPSHIRE No railroad corporation or public utility shall 
 3346 apply the proceeds of any stock, bonds or notes to any other pur- 
 pose than those specified in the order of the commission authoriz- 
 ing the issue of the same. Laws igii, ch. 164, sec. i4{a). 
 
 NEW YORK, OHIO Such corporation shall not, without the con- 
 sent of the commission, apply said issue or any proceeds thereof, 
 to any piupose not specified in such order. N. Y. — Laws igio, 
 
 8347 ch. 480, sec. S5 {common carrier, railroad and street railroad cor- 
 porations), sec. 6g {gas, and electrical corporations), sec. ioi{i) 
 {telegraph and telephone corporations); Ohio — Laws igii, no. 325, 
 sec. 58. 
 
 WISCONSIN Such corporation shall not apply the proceeds 
 
 of such stock, bonds, notes or other evidences of indebtedness as 
 aforesaid (issued for money only) to any piurposes not specified in 
 
 3348 such certificate, nor issue such stock, bonds, notes or other 
 evidences of indebtedness on any terms not specified in such cer- 
 tificate. Laws igii, ch. ^gj, sec. i753-g{3). 
 
 Such corporation shall not apply the proceeds of the sale of 
 such stock, bonds, notes, or other evidences of indebtedness as 
 aforesaid to any purpose not specified in such certificate, nor issue 
 such stock, bonds, notes, or other evidences of indebtedness on 
 any terms not specified in such certificate, and no property, serv- 
 
 8349 ices, or other consideration than money shall be taken in pay- 
 ment to the corporation for such stock, certificates of stock, bonds, 
 notes or other evidences of indebtedness, except at the true value 
 of such property, services, or other consideration than money, 
 as foimd and determined by the commission and stated in said 
 certificate. Same, sec. iTS3~Q{7)' 
 
 884 
 
 I 
 
M. DUTY OF UTILITIES TO ACCOUNT 
 TO COMMISSION FOR DISPOSITION 
 OF PROCEEDS. 
 
 ARIZONA, CALIFORNIA 
 
 The commission shall have the power to re- 
 quire public utilities^ to accoimt for the disposition of the pro- 
 ceeds of all sales of stocks and stock certificates, and bonds, notes 
 
 3360 and other evidences of indebtedness, in such form and detail as it 
 may deem advisable, and to establish such rules and regulations 
 as it may deem reasonable and necessary to insure the disposition 
 of such proceeds for the purpose or piuposes specified in its order. 
 Ariz. — Sess. Laws 1912, ch. go, sec. 52{c); Cal. — Stats, igii, ist, 
 ex, sess., ch. 14, sec. 52(6). 
 
 NEW HAMPSHIRE Every railroad corporation and public utility 
 issuing stocks, bonds or other evidence of indebtedness subject to 
 
 3361 the provisions of this section, shall file with the commission an 
 account showing in such detail as the commission shall require 
 the disposition of the proceeds of such issue. Laws igii, ch. 164, 
 sec. 14(a). 
 
 WISCONSIN The commission shall have the power to re- 
 
 quire public service corporations to account for the disposition of 
 the proceeds of all sales of stocks, certificates of stock, bonds, 
 
 3362 notes, and other evidences of indebtedness, issued pursuant to 
 this act, in such form and detail as it may deem advisable, and to 
 do and perform any and all acts necessary to carry out the pro- 
 visions of this act. Laws igii, ch. 595, sec. 1753-13. 
 
 N. CERTIFICATE OF AUTHORIZATION 
 REQUIRED TO BE RECORDED. 
 
 KANSAS No common carrier or pubHc utility shall issue 
 
 any stock, certificates, bonds, notes or other evidences of in- 
 debtedness for money, property or services, either directly or 
 
 3368 indirectly, nor shall it receive any money, property or services 
 in payment of the same, either directly or indirectly, until there 
 shall have been recorded upon the books of such corporation the 
 certificate of the commission herein provided for. Laws igii, 
 ch. 238, sec. 34. 
 
 » " Public service corporation, " in Arizona. 
 
 885 
 
WISCONSIN No public service corporation shall issue any 
 
 stocks, certificates of stock, bonds, notes or other evidences of 
 
 3354 indebtedness for money, property or services, either directly or 
 indirectly, until there shall have been recorded upon the books 
 of such corporation the certificate of commission herein provided 
 for. Laws igii, ch. ^gj, sec. iy^j-12. 
 
 O. CONTRACT FOR CONSOLIDATION OR 
 LEASE SHALL NOT BE CAPITALIZED. 
 
 ARIZONA, CALIFORNIA, MARYLAND, NEBRASKA 
 
 No contract for consolidation or lease shall be 
 capitalized, nor shall any public utility ^ hereafter issue any 
 bonds, notes or other evidences of indebtedness against or as a 
 
 3355 lien upon any contract for consolidation or merger. Ariz. — 
 Sess. Laws igi2, ch. go, sec. 52{h); Col. — Stats, igii ist. ex. 
 sess., ch. 14, sec. 52{a); Md. — Laws igio, ch. 180, sec. 27 {com- 
 mon carrier, railroad and street railroad corporations), sec. 34, 
 {gas and electrical corporations); Neb. — Acts igog, ch. 108, sec. i. 
 
 NEW JERSEY No public utility shall capitalize any contract 
 
 for consolidation, merger or lease; issue any bonds or other 
 evidence of indebtedness against or as a lien upon any contract for 
 consolidation, merger or lease; provided, however, that the pro- 
 
 3366 visions of this section shall not prevent the issuance of stock, 
 bonds or other evidence of indebtedness subject to the approval 
 of commission by any lawfully merged or consolidated public 
 utilities not in contravention of the provisions of this section. 
 Laws igii, ch. igj, sec. i8{f). 
 
 NEW YORK, OHIO Identical with par. 3355. N. Y.—Laws igio, 
 ch. 480, sec. jj {common carrier, railroad and street railroad cor- 
 
 3867 porations), sec. 6g {gas and electrical corporations), sec. loi {tele- 
 graph and telephone corporations); Ohio — Laws igii, no. 325^ 
 sec. 62. 
 
 P. FRANCHISES NOT TO BE CAPITAL- 
 IZED. 
 
 ARIZONA, CALIFORNIA 
 
 The commission shall have no power to author- 
 ize the capitalization of the right to be a corporation, or to 
 
 *" Public service corporation," in Arizona; "corporation," in Maryland and Nebraska. 
 
 886 
 
authorize the capitalization of any franchise or permit whatso- 
 ever, or the right to own, operate or enjoy any such franchise or 
 
 3368 permit in excess of the amoimt (exclusive of any tax or annual 
 charge) actually paid to the state or to a political subdivision 
 thereof as a consideration for the grant of such franchise, permit 
 or right. Ariz. — Sess. Laws, igi2, ch. go, sec. 52{h); Col. — Stats, 
 igii, ist. ex. sess., ch. 14, sec. 52{a). 
 
 MARYLAND, NEBRASKA 
 
 The commission shall have no power to 
 authorize the capitalization of any franchise to be a corporation, 
 or to authorize the capitalization of any franchise or right to 
 own, operate or enjoy any franchise whatsoever in excess of the 
 
 3369 amoimt (exclusive of any tax or annual charge) actually paid to 
 the state or to a political subdivision thereof as a consideration 
 for the grant of such franchise or right. Md. — Laws igio, ch. 
 180, sec. 27 {common carrier, railroad and street railroad corpora- 
 tions), sec. J4 (gas and electrical corporations), sec. 41 (telephone 
 and telegraph companies), sec. 42 {water, heat, refrigerator and 
 power companies); Neb. — Acts igog, ch. 108, sec. i. 
 
 NEW JERSEY No public utility shall capitalize any franchise 
 
 to be a corporation; capitalize any franchise in excess of the 
 
 SS60 amount (exclusive of any tax or annual charge) actually paid to 
 the state or any political subdivision thereof as a consideration 
 of such franchise. Laws igii, ch. igj, sec. i8{f). 
 
 NEW YORK Identical with par. 3359. Laws igio, ch. 480, 
 
 ^^^- 55 {common carrier, railroad and street railroad corporations), 
 
 3361 sec. 6g {gas and electrical corporations), sec. 10 1 {telegraph and 
 telephone corporations). 
 
 OHIO The commission shall not have power to 
 
 authorize the capitalization of any franchise or right to own, 
 operate or enjoy any franchise whatsoever in excess of the 
 
 3362 amount (exclusive of any tax or annual charge) actually paid to 
 any poHtical subdivision of the state or coimty as the considera- 
 tion for the grant of such franchise or right. Laws igii, no. 
 325, sec. 62. 
 
 WISCONSIN In determining the value of the property of a 
 
 public service corporation or any person furnishing service to the 
 public for the purposes of this act, no franchise to be a corpora- 
 
 3363 tion and no franchise or privilege granted to such corporation 
 by the state or a mtmicipality shall be appraised, fixed or con- 
 
 887 
 
sidered at any greater sum or value than the sum paid therefor 
 into the public treasury of the state or the municipality granting 
 the same. Laws igii, ch. jgj, sec. 1753-15. 
 
 Q. CAPITAL OF CONSOLIDATED COR- 
 PORATION. 
 
 MARYLAND The capital stock of corporations formed by 
 
 the merger or consolidation of two or more other corporations 
 shall not exceed the sum of the capital stock of the corporations 
 
 SS64 so consolidated, at the par value thereof, or such sum and any 
 additional sum actually paid in cash. Laws igio, ch. 180, sec. 27 
 {common carrier, railroad and street railroad corporations), sec. 34 
 (gas and electrical corporations). 
 
 MASSACHUSETTS When a gas company incorporated under the 
 laws of Massachusetts consolidates with any other gas company 
 or companies, or an electric light company incorporated under 
 the laws of Massachusetts consolidates with any other such 
 
 8S66 electric light company or companies, or any such gas company 
 or companies consolidates with any such electric light company 
 or companies, the aggregate amount of the capital stock and the 
 aggregate amount of the debt of the consolidated companies 
 shall not by reason of such consolidation be increased. Acts 
 igo6, ch. 382, sec. i. 
 
 NEBRASKA, NEW YORK 
 
 Identical with par. 3364. Neh. — Acts igog, 
 ch. io8y sec. i; N. Y. — Laws igio, ch. 480, sec. 55 (common car- 
 S866 tier, railroad and street railroad corporations), sec. 6g (gas and 
 electrical corporations), sec. loi (telegraph and telephone corpora- 
 tions). 
 
 OHIO The aggregate amount of the debt of consoli- 
 
 dated companies by reason of such consolidation shall not be 
 increased, nor shall the capital stock of a corporation formed by 
 
 tsOT the merger or consolidation of two or more corporations exceed 
 the sum of the capital stock of the corporation or corporations 
 so consolidated or merged at the par value thereof, and such sum 
 or any additional sum actually paid in cash. Laws igii, no. 
 325, sec. 62. 
 
 888 
 
R. MANNER IN WHICH RAILROADS AND 
 STREET RAILWAYS MAY INCREASE 
 CAPITAL ISSUES FOR SPECIAL PUR- 
 POSES DESIGNATED. 
 
 MAINE Any railroad desiring to change the gauge of 
 
 its road shall by vote increase its capital stock to the amount 
 required by section i of this chapter if the existing capital be not 
 equal to such amoiint, and shall present to commission a written 
 application subscribed and sworn to by a majority of its directors, 
 setting forth the desire of the petitioners, and that the increased 
 
 8368 amount of capital stock has been in good faith subscribed by 
 responsible persons, and that five per cent, thereof has been 
 paid, in cash, to the treasurer of such corporation. If such ap- 
 plication be approved by commission such corporation shall 
 make and file a new location as provided by section 8 of this 
 chapter. Rev. Stats. 1903, ch. 5/, sec. g. 
 
 A railroad corporation for the purpose of building a branch 
 railroad track which it *s or may be authorized to build, or of build- 
 ing a branch or extension which it is or may be authorized to 
 build, or of aiding in the construction of another railroad pur- 
 suant to law, or of building stations, or of abolishing grade 
 crossings, or of making permanent improvements, or of paying 
 its floating debt, or of paying its funded debt, or for payment of 
 money borrowed for any lawful purpose, or for the purchase of 
 shares of the capital stock of any railroad corporation whose 
 railroad is leased to or operated by it, or for the piu'chase of 
 shares of the capital stock of any railroad corporation of which 
 capital stock it owns a majority, or for improving the alignment 
 
 8869 of its road, or for acquiring land for and laying new tracks, or 
 for other necessary and lawful purposes not named in section 
 five, from time to time, with the approval of commission, as 
 hereinafter provided, may increase its capital stock beyond the 
 amount fixed by law by issuing common or preferred stock, pro- 
 vided such increase shall first be authorized by vote of a majority 
 of stock, present or represented, at a legal meeting of the cor- 
 poration duly called for that purpose. If preferred stock be 
 issued the character of such stock, including its voting power, 
 if any, and the rate of interest it shall bear and whether it shall 
 be cumulative or non-cumulative, shall be fixed by vote of the 
 
 889 
 
majority of stock present or represented at such legal meeting. 
 Same, sec. ig. 
 
 Upon petition of the directors of a railroad corporation to 
 commission, the amoimt of such increase, after such notice by- 
 publication as commission shall order, and after hearing, shall 
 be determined by commission who shall within 30 days after 
 final hearing of said petition file in the office of the secretary of 
 
 3370 state a certificate showing the amount of increase authorized and 
 the purposes for which the proceeds of said new stock may be 
 used; and the company shall not apply such increase or the pro- 
 ceeds thereof to any purpose not specified in said certificate, and 
 may be enjoined from so doing by any justice of the supreme 
 judicial coiirt upon application of commission or of any interested 
 party. Same, sec. 20. 
 
 NEW HAMPSHIRE A railroad corporation for the purpose of 
 building a branch or extension of its railroad, or of aiding in the 
 construction of another railroad, or of taking stock in an elevator 
 corporation and erecting and operating elevators upon its own 
 road and upon those leased to or operated by it, or of building 
 depots or of abolishing grade crossings or of building or pur- 
 chasing power houses, shops or other structiires and machinery 
 or equipment for the same, or of making permanent improve- 
 ments or additions to its plant, rolling stock or appliances, or of 
 purchasing the shares of the capital stock of any railroad cor- 
 poration whose railroad property is leased to or to be operated by 
 
 3371 it, or of any other railroad corporation a majority of the capital 
 stock of which is owned by the purchasing road, or of paying or 
 refunding its funded debt, or of paying floating indebtedness or 
 money borrowed, where such debt or indebtedness was created 
 or the money used for any of the purposes hereinbefore enumer- 
 ated, may from time to time, with the authority of the com- 
 mission as herein provided, increase its capital stock or bonds 
 beyond the amounts fixed and limited by its articles of asso- 
 ciation or its charter, or by any act of the general court, provided 
 that such increase shall first be authorized by the vote of a 
 majority of the stockholders present at any meeting of the cor- 
 poration duly called for that purpose. Laws igii, ch. 164, sec. 
 
 NEW YORK Subject to the limitations and requirements of 
 
 this chapter and of the public service commissions law every 
 railroad corporation, in addition to the powers given by the 
 
 890 
 
general and stock corporation laws, shall have power from time 
 to time to borrow such sums of money as may be necessary for 
 completing and finishing or operating or improving its railroad, 
 or for any other of its lawful purposes and to issue and dispose of 
 its bonds for any amoimt so borrowed, and to mortgage its prop- 
 erty and franchises to secure the payment of any debts contracted 
 by the company for the purposes aforesaid, notwithstanding any 
 limitation on such power contained in any general or special law. 
 But no mortgage, except purchase-money mortgages, shall be 
 issued by any railroad corporation under this chapter or any 
 other law without the consent of the public service commission, 
 and the consent of the stockholders owning at least two-thirds of 
 the stock of the corporation, which consent shall be in writing, 
 and shall be given and certified and be filed and recorded in the 
 office of the clerk or register of the county where it has its prin- 
 cipal place of business, as provided in section six of the stock cor- 
 poration law; or else the consent of the public service commission 
 and the consent by their votes of stockholders owning at least 
 3372 two-thirds of the stock of the corporation which is represented 
 and voted upon in person or by proxy at a meeting called for 
 that purpose upon a notice stating the time, place and object of 
 the meeting, served at least three weeks previously upon each 
 stockholder personally, or mailed to him at his post office ad- 
 dress, and also published at least once a week for three weeks suc- 
 cessively in some newspaper printed in the city, town or county 
 where such corporation has its principal office, and a certificate of 
 the vote at such meeting shall be signed and sworn to and shall be 
 filed and recorded as provided by section six of the stock corpora- 
 tion law. When authorized by the stockholders' consent to any 
 bonds made or issued under this section, the directors, under 
 such regulations as they may adopt, may confer on the holder of 
 any such bonds the right to convert the principal thereof, 
 after two and not more than twelve years from the date of the 
 bond, into stock of the corporation at a price fixed by the board 
 of directors, which may be either par or a price not less than the 
 market value thereof at the date of such consent to such bonds; 
 and if the capital stock shall not be sufficient to meet the con- 
 version when made, the board of directors shall authorize an in- 
 crease of capital stock sufficient for that purpose. Laws igio, 
 ch. 481, sec. 8(10). 
 
 Any railroad company incorporated under chapter 140, 
 of the laws of 1850 entitled ''An act to authorize the formation 
 of railroad corporations and to regulate the same," and acts 
 
 891 
 
amendatory thereof and supplementary thereto, may change the 
 gauge of its road on consent of the public service commission and 
 approval of the stockholders of said railroad company owning 
 three-foiu*ths in amount of the capital stock, said approval of 
 said stockholders to be made at a special meeting of the stock- 
 SS7S holders of said company called for that purpose; and upon like 
 consent of said commission, and upon like approval of the stock- 
 holders of said railroad company owning three-fourths in amount 
 of the said capital stock of said company, the floating and 
 bonded indebtedness of said railroad company may be increased 
 to an amoimt necessary to make such change of gauge and to 
 provide for the operating expenses of said railroad, notwithstand- 
 ing restrictions or limitations contained in the original certificate 
 of incorporation of said railroad company. Same, sec. 25. 
 
 RHODE ISLAND The several street railway companies in this 
 state accepting the provision of this chapter may hereafter in- 
 crease their capital stock from time to time to meet the costs and 
 
 ss7i expenditiires actually made for extensions and for new con- 
 struction and equipment, and the cost of such extensions or im- 
 provements shall be certified by the railroad commissioner, and 
 all issues of capital stock for such purpose shall be subject to the 
 approval of such officer. Gen. Laws igog, ch. 216, sec. 4. 
 
 WISCONSIN The capital stock of any such corporation may 
 
 be increased to such an amount as may by its stockholders be 
 deemed necessary for the purchase or construction of any rail- 
 road which it may be legally empowered to piirchase or construct, 
 for additions to, or improvements of, its railroad or property for 
 additional equipment which may be necessary in the operation of 
 its railroad, for real estate that may be needed by said corpor- 
 ation for railway purposes, and for the purchase, construction, 
 and equipment of any extension, branch, or addition to any rail- 
 road, the capital stock of which is owned or held in trust for 
 said corporation, by a majority vote of all its stock, in person or 
 by proxy at any annual meeting or at any meeting called by its 
 directors for that purpose, by a notice in writing to each stock- 
 holder, to be served on him personally or by depositing the same 
 in the post office, postage paid, properly directed to him at the 
 
 SS7B post office nearest his usual place of residence, at least twenty days 
 prior to such meeting. Such notice shall state the time and 
 place of such meeting, its object, and the amount to which it is 
 proposed to increase such capital stock. No vote in favor of such 
 
 892 
 
increase shall take effect until the proceedings of such meeting, 
 showing the names of all the stockholders voting therefor and the 
 amount of stock owned by each, shall be entered upon the records 
 of such corporation nor imtil the railroad commission shall have 
 issued its certificate that such increase of stock is reasonably 
 necessary to accomplish the objects of the incorporation of such 
 railroad company. Every such corporation, so increasing its 
 capital stock, shall file with the secretary of state, whenever issues 
 of stock shall be made under this section, a report showing the 
 amount issued and the ptirposes to which it has been, or is to be, 
 devoted, which report shaU be verified by the oath of the presi- 
 dent or the general manager thereof, and of the chief engineer. 
 Laws igog, ch. jjo, sec. 1826. 
 
 S. STOCK OR SCRIP DIVIDENDS.^ 
 
 ARIZONA, CALIFORNIA 
 
 See par. yiS. 
 
 KANSAS, OHIO No common carrier or public utility shall de- 
 
 clare any stock, bond or scrip dividend or divide the proceeds 
 
 S876 of the sale of any stocks, bond or scrip among its stockholders 
 unless authorized by commission so to do. Kas. — Laws igiiy 
 ch. 2j8, sec. J5; Ohio — Laws igii, no. 325. sec. 61 {public utility 
 or railroad). 
 
 WISCONSIN See par. 4523. 
 
 T. SALE OF STOCK TO STOCKHOLDERS 
 AND AUCTION CLAUSE. 
 
 MAINE Whenever a railroad corporation which is in 
 
 actual possession of and operating a raih-oad increases its capital 
 stock imder the provisions of the preceding section,^ the new 
 shares shall be offered proportionately to its stockholders at 
 such price, not less than the par value thereof, as shall be de- 
 termined by its stockholders. The directors, upon the approval 
 of such increase as provided in the preceding section, shall cause 
 written notice of such increase to be given to each stockholder 
 of record upon the books of the company at the date of the vote 
 to increase, stating the amount of the increase, the number of 
 shares or fraction of shares to which, according to the propor- 
 tionate nimiber of his shares at the date of the vote to increase, 
 
 1 The laws of many states prohibit stock or scrip dividends. The Kansas and Ohio 
 legislation is peculiar because it appears to confer di^n^tionai power on the commissions. 
 
 2 Rev. Stats. 1903, ch. 51, sec, 20. 
 
 893 
 
he is entitled, the price at which he is entitled to take them, and 
 fixing a time not less than 1 5 days after the date of such vote to 
 increase within which he may subscribe for such additional stock. 
 Each stockholder may, within the time limited, subscribe for 
 his portion of such stock, which shall be paid for in cash before 
 the issue of a certificate therefor. Provided, when the increase 
 in the capital stock does not exceed four per cent, of the existing 
 capital stock of the corporation, the directors, without first 
 offering the same to the stockholders, may sell the same at 
 3377 auction to the highest bidder at not less than the par value 
 thereof. If, after the expiration of the notice above provided 
 for, any shares of such stock remain unsubscribed for by the 
 stockholders entitled to take them the directors may sell the 
 same at auction. All shares of stock to be disposed of at auction 
 under the provisions of this section shall be offered for sale to the 
 highest bidder in the city of Boston, or in such city or town as 
 may be prescribed by commission; and notice of the time and 
 place of such sale shall be published at least five times during 
 the ten days immediately preceding the time fixed for the sale, 
 in such daily newspapers, not less than three in number, as may 
 be prescribed by the comjnission. No shares shall be sold or 
 issued for a less simi, to be actually paid in cash, than the par 
 value thereof . Provided further, that the determination by the 
 commission, under the provisions of the preceding section as to 
 the amount of such increase, shall be based upon the price at 
 which such stock is to be issued as fixed by the stockholders, and 
 also provided that said commission shall refuse to approve any 
 particular issue of stock if, in their opinion, the price fixed by 
 the stockholders is so low as to be inconsistent with the public 
 interest. Rev. Stats, igoj, ch. 51, sec. 21, as amended by Acts 
 igog, ch. 32. 
 
 MASSACHUSETTS If a corporation which owns or operates a 
 railroad or street railway, a gas light, electric light, aqueduct or 
 water company, or a corporation which is established for and is 
 engaged in the business of transmitting intelligence by elec- 
 tricity, increases its capital stock, such new shares as are neces- 
 sary to produce the amoimt of increased capital stock which has 
 been authorized shall, except as provided in the following sec- 
 tion, be offered proportionately to its stockholders at not less 
 than the market value thereof at the time of increase, to be de- 
 termined by the railroad commission in the case of a railroad 
 corporation or street railway company, by the gas and electric 
 
 894 
 
light commission in the case of a gas light or electric light com- 
 pany, and by the commissioner of corporations in the case of an 
 aqueduct or water company or of a corporation which is estab- 
 lished for and is engaged in the business of transmitting intel- 
 
 3378 ligence by electricity, taking into accotmt previous sales of 
 stock of the corporation and other pertinent conditions, which 
 determination shall be in writing and with the date thereof 
 shall be certified to and recorded in the books of the corporation. 
 The directors, upon the approval of such increase as provided in 
 section 24^ and the determination of the market value as here- 
 inbefore provided, shall cause written notice of such increase to 
 be given to each stockholder who was such at the date of the 
 vote to increase, stating the amount of such increase, the num- 
 ber of shares or fractions of shares to which he, according to the 
 proportionate number of his shares at the date of such vote, is 
 entitled, the price at which he is entitled to take them, and fixing 
 a time, not less than 15 days after the date of such determination, 
 within which he may subscribe for such additional stock. Each 
 stockholder may, within the time limited, subscribe for his por- 
 tion of such stock, which shall be paid for in cash before the 
 issue of a certificate therefor. Rev. Laws igo2, ch. log, sec. jo.^ 
 
 If the increase in the capital stock which is subject to the 
 provisions of the preceding section does not exceed four per cent. 
 of the existing capital stock of the corporation, the directors, 
 without first offering the same to the stockholders, may, and if, 
 after the expiration of the time limited in the notice required by 
 the preceding section, any shares remain imsubscribed for by the 
 stockholders entitled to take them, the directors shall sell them 
 
 3379 by auction to the highest bidder at not less than the par value 
 thereof to be actually paid in cash. Such shares shall be offered 
 for sale in the city of Boston or in such other city or town as may 
 be prescribed by commission; and notice of the time and place 
 of such sale shall be published at least five times during the ten 
 days immediately preceding the sale in each of at least three of 
 such daily newspapers as may be prescribed by such commission. 
 No shares shall be sold or issued under this or the preceding sec- 
 tion for a less amoimt to be actually paid in cash than the par 
 value thereof. Same, sec. 31.^ 
 
 Whenever the company shall issue additional stock, it shall 
 be the duty of the gas and electric light commission in deciding 
 
 1 Rev. Laws 1902, ch. 109, sec. 24. 
 
 * Sections 30 and 31 are repealed so far as they apply to railroads or railroad corpora- 
 tions and to street railways or street railway companies. 
 
what amotint of new stock is to be authorized, to place a value 
 upon such new stock, which value shall be stated in their written 
 decision, and before offering the new shares to the existing share- 
 holders of the company, the company shall offer the new shares 
 for sale by public auction in the city of Boston, in such manner, 
 at such times, and subject to such conditions of sale as the com- 
 
 S380 pany shall from time to time determine, subject however, to the 
 approval of the gas and electric light commission: provided, that 
 no bid at any such auction shall be accepted for a price less than 
 the value placed upon the stock by the gas and electric light com- 
 mission as aforesaid; and provided, further, that notice of the 
 proposed sale of said stock by public auction together with the 
 terms and conditions of sale shall be published in at least three 
 newspapers in the city of Boston twice a week for not less than 
 three successive weeks before the day of auction. Acts igo6, 
 ch. 422, sec. y} 
 
 When any stock which has been offered for sale by auction is 
 not sold, the same shall be offered at the price so placed upon it 
 by the gas and electric light commission to the stockholders of 
 the company, in accordance with the provisions of section 30 of 
 chapter 109 of the revised laws; provided, that any stock so 
 offered and not accepted by the stockholders shall again be 
 
 SS8I offered for sale by public auction, in accordance with the pro- 
 visions of section 31 of chapter 109 of the revised laws; and pro- 
 vided, further, that if the new stock authorized does not exceed 
 four per cent, of the existing capital stock of the company the 
 same may be sold in accordance with the provisions of said section 
 31 without being first offered to the stockholders. Same, sec. 
 8} 
 
 If a corporation which owns or operates a railroad increases 
 its capital stock, such new shares as are necessary to produce the 
 amount of increased capital stock which has been authorized shall, 
 except as provided in the following section, be offered propor- 
 tionately to its stockholders at such price not less than the 
 market value thereof at the time of increase, as may be determined 
 by the railroad commission, taking into account previous sales 
 of stock of the corporation and other pertinent conditions, 
 which determination shall be in writing and with the date thereof 
 shall be certified to and recorded in the books of the corporation. 
 The directors, upon the approval of such increase as provided iri 
 section 65,^ and the determination of the market value as herein- 
 
 » Boston Sliding Scale Act. 
 
 3 Acts 1906, ch. 463, pt. ii, sec. 65. 
 
 896 
 
3383 before provided, shall cause written notice of such increase to 
 be given to each stockholder of record upon the books of the cor- 
 poration at the close of business on the date of such determination 
 by commission, stating the amount of such increase, the niimber 
 of shares or fractions of shares to which he, according to the pro- 
 portionate nimiber of his shares at the date of such determina- 
 tion, is entitled, the price at which he is entitled to take them, and 
 fixing a time, not less than 1 5 days after the date of such determi- 
 nation by commission, within which he may subscribe for such 
 additional stock. Each stockholder may, within the time lim- 
 ited, subscribe for his portion of such stock, which shall be paid 
 for in cash before the issue of a certificate therefor. Acts igo6, 
 ch. 46J, pt. ii, sec. 6g. 
 
 If the increase in the capital stock which is subject to the 
 provisions of the preceding section does not exceed four per cent, 
 of the existing capital stock of the corporation, the directors, 
 without first offering the same to the stockholders may sell them 
 by auction to the highest bidder at not less than the par value 
 thereof to be actually paid in cash. They may also so sell at 
 public auction any shares, which, after the expiration of the 
 time limited in the notice required by the preceding section, re- 
 
 3383 main unsubscribed for by the stockholders entitled to take them. 
 Such shares shall be offered for sale in the city of Boston, or in 
 such other city or town as may be prescribed by the railroad com- 
 mission; and notice of the time and place of such sale shall be 
 published at least five times during the ten days immediately 
 preceding the sale in each of at least three of such daily newspapers 
 as may be prescribed by commission. No shares shall be sold or 
 issued under this or the preceding section for a less amount to be 
 actually paid in cash than the par value thereof. Same, sec. jo. 
 If a company which owns or operates a street railway in- 
 creases its capital stock, ^ such new shares as are necessary to 
 
 lActs 1906, Chapter 463, Part iii, section 103, authorizes a street railway company, 
 for the purposes therein specified, to increase its capital stock or issue bonds secured by mort- 
 gage or otherwise to such an amount beyond the amounts fixed and limited by its agreement 
 of association or its charter or by any special law, as the railroad commission shall determine 
 to be required for the pvuposes specified and shall approve for such purposes, in accordance 
 with the provisions of sections 107, 108, in and 112 of Part iii, and of sections 48 to 56, 
 inclusive, of Part ii. 
 
 Sections 48 to 56 of Part ii prescribe the manner in which railroad corporations for 
 the purposes therein specified may, in accordance with the provisions of sections 65 and 66 
 of Part ii, issue coupon or registered bonds, coupon notes or other evidences of indebtedness 
 payable at periods of more than 12 months from the date thereof. 
 
 Under Laws 1909, ch. 485, sec. i, street railway companies, for the purpose of sup- 
 plying themselves with working capital, in addition to the purposes for which such companies 
 may increase their capital stock or issue bonds as provided in section 103, of Part iii of 
 Chapter 463, of Acts 1906, may, in accordance with the provisions of sections 107, 108, no, 
 III, and 112 of Part iii of said chapter, or of Chapter 636 of Acts 1908, as amended by 
 Chapter 369 of Acts 1909. and of sections 48 to 56 of Part ii of Chapter 463 of Acts 1906, 
 increase their capital stock to an amount not exceeding five per cent, of the par value of their 
 capital stock then outstanding, or may issue bonds to an amount not more than the railroad 
 commission shall determine will be properly required for such purpose and as commission 
 
 897 
 
produce the amotmt of increased capital stock which has been 
 authorized shall, except as provided in the following section, be 
 offered proportionately to its stockholders at such price not less 
 than the market value thereof at the time of increase, as may be 
 determined by the railroad commission, taking into accoimt 
 previous sales of stock of the company and other pertinent con- 
 ditions, which determination shall be in writing and with the 
 date thereof shall be certified to and recorded in the books of the 
 company. The directors, upon the approval of such increase as 
 provided in section loy,^ and the determination of the market 
 8384 value as hereinbefore provided, shall cause written notice of such 
 increase to be given to each stockholder of record upon the 
 books of the company at the close of business on the date of such 
 determination by commission, stating the amount of such in- 
 crease, the number of shares or fractions of shares to which he, 
 according to the proportionate number of his shares at the date 
 of such determination, is entitled, the price at which he is en- 
 titled to take them, and fixing a time, not less than 15 days after 
 the date of such determination by commission, within which 
 he may subscribe for such additional stock. Each stockholder 
 may, within the time limited, subscribe for his portion of such 
 stock, which shall be paid for in cash before the issue of a certifi- 
 cate therefor. Acts igo6, ch. 463, pL m, sec. m. 
 
 If the increase in the capital stock which is subject to the 
 provisions of the preceding section does not exceed four per cent, 
 of the existing capital stock of the company, the directors, with- 
 out first offering the same to the stockholders, may sell them by 
 auction to the highest bidder at not less than the par value 
 thereof to be actually paid in cash. They may also so sell at 
 public auction any shares, which, after the expiration of the time 
 limited in the notice required by the preceding section, remain 
 1386 unsubscribed for by the stockholders entitled to take them. 
 Such shares shall be offered for sale in the city of Boston, or in 
 such other city or town as may be prescribed by the railroad 
 commission; and notice of the time and place of such sale shall 
 be published at least five times during the ten days immediately 
 preceding the sale in each of at least three of such daily news- 
 y papers as may be prescribed by commission. No shares shall 
 be sold or issued under this or the preceding section for a less 
 
 shall approve as being consistent with the interests of the public and of the stockholders and 
 as not unreasonably reducing the security of any bond previously issued, beyond the amounts 
 fixed and limited by their agreement of association or by the provisions of any general or 
 special law. 
 
 »Acts 1906, ch. 463, pt. iii, sec. 107. 
 
 898 
 
amount to be actually paid in cash than the par value thereof. 
 Same, sec. 112. 
 
 Any railroad, street railway, electric railroad or elevated 
 railway company which is in actual possession of and operating 
 a railroad or railway shall, upon any increase of its capital 
 stock, except as provide^ in the following section, offer the new 
 shares proportionately to its stockholders at such price not less 
 than the par value thereof as may be determined by its stock- 
 holders. The directors upon the approval of such increase, as 
 provided in section 65 ^ of part II and section 107^ of part III 
 of chapter 463 of the acts of 1906, shall cause' written notice of 
 such increase to be given to each stockholder of record upon the 
 
 3386 books of the company at such date as shall be designated by 
 vote of the directors passed after the approval by the commission 
 of such issue, stating the amount of the increase, the number of 
 shares or fractions of shares to which, according to the pro- 
 portionate nimiber of his shares at said date designated by vote 
 of the directors, he is entitled, the price at which he is entitled 
 to take them, and fixing a time not less than 1 5 days after said 
 date designated by vote of the directors within which he may 
 subscribe for such additional stock. Each stockholder may 
 within the time limited subscribe for his portion of such stock, 
 which shall be paid for in cash before the issue of a certificate 
 therefor. Acts igo8, ch. 6j6, sec. i. 
 
 If the increase in the capital stock which is subject to the 
 provisions of the preceding section does not exceed four per cent, 
 of the existing capital stock of the company, the directors, 
 without first offering the same to the stockholders, may sell 
 shares by auction to the highest bidder, at not less than the par 
 value thereof, to be actually paid in cash. They may also so 
 seU at public auction any shares, which, after the expiration of 
 the time limited in the notice required by the preceding section, 
 
 3387 remain unsubscribed for by the stockholders entitled to take 
 them. Such shares shall be offered for sale in the city of Boston, 
 or in such other city or town as may be prescribed by the railroad 
 commission; and notice of the time and place of such sale shall 
 be published at least five times during the ten days immediately 
 preceding the sale in each of at least three of such daily news- 
 papers as may be prescribed by commission. No shares shall 
 be sold or issued under this or the preceding section for a less 
 
 'Acts 1906, ch. 463, pt. ii., sec. 65. 
 'Acts 1906, ch. 463, pt. iii., sec. 107. 
 
 899 
 
amount to be actually paid in cash than the par value thereof. 
 Same, sec. 2. 
 
 The determination by the railroad commission, under the 
 provisions of section 65 ^ of said part 11 and section 107 2 of said 
 part III, as to the amount of stock which is reasonably necessary 
 for the purpose for which such stocji has been authorized shall, 
 in the case of the corporations described in this act, be based 
 upon the price at which such stock is to be issued as fixed by the 
 stockholders: Provided, that the board shall refuse to approve 
 any particular issue of stock if, in the opinion of the board, the 
 price fixed by the stockholders is so low as to be inconsistent 
 with the public interest. Same, sec. j. 
 
 A gas or electric light company shall, upon any increase of 
 its capital stock, except as provided in the following section, 
 offer the new shares proportionately to its stockholders at such 
 price, not less than the par value thereof, as may be determined 
 by its directors. The vote of the gas and electric light com- 
 mission, as provided in section 24 ^ of chapter 109 of the revised 
 laws, as to the amount of stock which is reasonably necessary 
 for the purpose for which such increase has been authorized 
 shall be based on the price fixed as hereinbefore provided, unless 
 commission is of opinion that such price is so low as to be incon- 
 sistent with the public interest, in which case it may determine 
 the price at which such shares may be issued. No application 
 for an issue of stock under said section 24 ^ shall be made unless 
 authorized by vote of the stockholders passed not more than 
 four months prior to such application, but the vote of the stock- 
 holders to increase the capital stock may be passed before or 
 after the action of commission under said section 24.^ All votes 
 and proceedings relative to the increase and all rights of the 
 stockholders to subscribe for the new shares shall become void 
 unless the directors, after the vote to increase the capital stock 
 and within 60 days after the final action of the board, shall cause 
 written notice of such increase to be given as provided by law. 
 Acts IQOQ, ch. ^77, sec. i, as amended by Acts rgio, ch. J74. 
 
 If the increase in the capital stock which is subject to the 
 provisions of the preceding section does not exceed four per cent, 
 of the existing stock of the company, the directors, without first 
 offering the same 'to the stockholders, may sell the shares by 
 auction or by tender to the highest bidder in such manner, at 
 
 1 Acts 1906, ch. 463, pt. ii., sec. 6$. 
 
 2 Acts 1906, ch. 463, pt. iii, sec. 107. 
 
 3 Rev. Laws 1902, ch. 109, sec. 24. 
 
 900 
 
such times and upon such terms, not less than the par value 
 thereof to be actually paid in cash, as the directors shall deter- 
 mine. They shall also so sell at public auction any shares which, 
 
 3390 under the preceding section remain unsubscribed for by the 
 stockholders entitled to take them. Such shares shall be offered 
 for sale in the city of Boston or in such other city or town as may 
 be prescribed by the board of gas and electric light commissioners, 
 and notice of the time and place of the sale shall be published at 
 least five times, during the ten days immediately preceding the 
 sale, in each of at least three of such daily newspapers as may be 
 prescribed by the said commissioners. No shares shall be sold 
 or issued under this or the preceding section for a less amoimt to 
 be actually paid in cash than the par value thereof. Same, sec. 2. 
 
 NEW HAMPSHIRE Whenever a railroad corporation or public 
 utility shall increase its capital stock it shall, except as herein- 
 after provided, offer the new shares proportionately to its stock- 
 holders at such price not less than the par value thefeof as shall 
 have been determined by its stockholders in their vote for the 
 issue of the same. The directors shall cause written notice of the 
 increase in capital stock to be given to each stockholder of record 
 upon the books of the corporation at the date designated by the 
 directors at a meeting following the order of the commission 
 authorizing the issue, which notice shall state the amount of the 
 increase, the ntmiber of shares or fractions of shares to which the 
 
 3391 stockholder is entitled, the price at which he is entitled to take 
 them, and shall fix a time not less than 15 days after the date so 
 designated by the directors within which he may subscribe there- 
 for. Each stockholder may within the time so limited subscribe 
 for his proportion of the new stock which shall be paid for in cash 
 before the issue of a certificate. The determination by the com- 
 mission of the amoimt of stock reasonably requisite for the pur- 
 pose for which the issue is made shall be based upon the price at 
 which such stock is to be offered to stockholders as fixed by the 
 vote of the stockholders; provided, however, that the commission 
 shall refuse to authorize any particular issue of stock if in its 
 opinion the price fixed by the stockholders is so low as to be in- 
 consistent with the public interests. Laws 191 1, ch. 164, sec. 14(c) . 
 
 When an increase in capital stock does not exceed four per 
 cent, of the existing capital stock of the corporation the directors 
 may, without first offering the same to the stockholders, sell the 
 new shares by public auction to the highest bidder at not less 
 than par value to be actually paid in cash. If after the expira- 
 
 901 
 
tion of the notice to stockholders hereinbefore provided any 
 shares of the new issue of stock remain unsubscribed by stock- 
 3392 holders entitled to take them, the directors shall sell the same by 
 public auction to the highest bidder at not less than par value to 
 be actually paid in cash. All shares of stock to be disposed of 
 by public auction to the highest bidder under the provisions of 
 this act shall be offered for sale in such city or town as may be 
 prescribed by the commission, and the notice of the time and 
 place of sale shall be published at least five times immediately 
 preceding the time fixed for the sale in such newspapers, not less 
 than three in number, as may be prescribed by the commission. 
 Same, sec. 14(d). 
 
 U. PENALTIES FOR VIOLATIONS OF 
 CAPITALIZATION PROVISIONS. 
 
 ARIZONA, CALIFORNIA 
 
 Every public utility^ which, directly or in- 
 directly, issues or causes to be issued, any stock or stock certifi- 
 cate, or bond, note or other evidence of indebtedness, in non- 
 conformity with the order of the commission authorizing the 
 same, or contrary to the provisions of this act, or of the constitu- 
 3393 tion of this state, or which applies the proceeds from the sale 
 thereof, or any part thereof, to any purpose other than the pur- 
 pose or purposes specified in the commission's order, as herein 
 provided, or to any purpose specified in the commission's order 
 in excess of the amount of said order authorized for such purpose, 
 is subject to a penalty of not less than $500 nor more than 
 $20,000 for each offense. Ariz. — Sess. Laws igi2, ch. go, sec. 
 52(e); Cat. — Stats, igii, ist. ex.sess., ch. 14, sec. 52(e). 
 
 Every officer, agent or employe of a public utility,^ and 
 every other person who knowingly authorizes, directs, aids in, 
 issues or executes, or causes to be issued or executed, any stock 
 or stock certificate, or bond, note or other evidence of indebted- 
 ness, in non-conformity with the order of the commission author- 
 izing the same, or contrary to the provisions of this act, or of 
 the constitution of this state, or who, in any proceeding before 
 the commission, knowingly makes any false statement or repre- 
 sentation or with knowledge of its falsity files or causes to be 
 filed with the commission any false statement or representation, 
 which said statement or representation so made, filed or caused 
 
 * " Public service corporation," in Arizona. 
 
 902 
 
to be filed may tend in any way to influence the commission to 
 make an order authorizing the issue of any stock or stock cer- 
 tificate, or any bond, note or other evidence of ndebtedness, or 
 which results in procuring from the commission the making of 
 any such order, or who, with knowledge that any false statement 
 S394 or representation was made to the commission, in any proceed- 
 ing, tending in any way to influence the commission to make 
 such order, issues or executes or negotiates, or causes to be 
 issued, executed or negotiated any such stock or stock certificate, 
 or bond, note or other evidence of indebtedness, or who, directly 
 or indirectly, knowingly applies, or causes or assists to be applied 
 the proceeds or any part thereof, from the sale of any stock or 
 stock certificate, or bond, note or other evidence of indebtedness, 
 to any purpose not specified in the commission's order, or to any 
 purpose specified in the commission's order in excess of the 
 amount authorized for such purpose, or who, with knowledge that 
 any stock or stock certificate, or bond, note or other evidence of 
 indebtedness, has been issued or executed in violation of any of 
 the provisions of this act, negotiates, or causes the same, to be 
 negotiated, shall be guilty of a felony (and on conviction thereof 
 shall be imprisoned in the state penitentiary for a term of not 
 less than two years and not more than ten years — ^Arizona only). 
 Ariz. — Same, sec. 52{f); Cat. — Same, sec. S2(f). 
 
 GEORGIA See par. 3245. 
 
 BLA.NSAS Any common carrier or public utility governed 
 
 by the provisions of this act, or any agent, director or officer 
 thereof, who shall, directly or indirectly, issue or cause to be 
 issued any stock, certificate of stock, bonds or other evidences 
 of indebtedness contrary to the provisions of this act, or who 
 
 3395 shall apply the proceeds from the sale thereof to any pvirpose 
 other than that specified in the certificate of the commission, as 
 herein provided, shall be guilty of a misdemeanor, and upon con- 
 viction thereof shall be fined not less than $500 and not more 
 than $5,000, or by imprisonment in the county jail not more 
 than one year or by both such fine and imprisonment. Laws 
 iQiiy ch. 2j8, sec. 26. 
 
 MASSACHUSETTS A director, treasurer or other officer or agent 
 of a railroad corporation, who knowingly votes to authorize the 
 issue of, or knowingly signs, certifies or issues, stock or bonds 
 contrary to the provisions of sections 65 and 66, or who know- 
 ingly votes to authorize the application, or knowingly applies 
 
 903 
 
S396 the proceeds, of such stock or bonds contrary to the provisions 
 of said sections, or who knowingly votes to assume or incur, or 
 knowingly assumes or incurs in the name or behalf of such cor- 
 poration, any debt or liability except for the legitimate purposes 
 of the corporation, shall be punished by a fine of not more than 
 $i,ooo, or by imprisonment for not more than one year, or by 
 both such fine and imprisonment. Acts igo6, ch. 463, pt. H, 
 sec. 68. 
 
 A director, treasurer or other officer or agent of any corpora- 
 tion named in section 24 who knowingly votes to authorize the 
 issue of, or knowingly signs, certifies or issues, stock or bonds 
 contrary to the provisions of the four preceding sections, or who 
 knowingly votes to authorize the application, or knowingly 
 applies the proceeds, of such stock or bonds contrary to the pro- 
 
 3397 visions of said sections, or who knowingly votes to assume or 
 incur, or knowingly assimies or incurs in the name or behalf of 
 such corporation, any debt or liability except for the legitimate 
 purposes of the corporation shall be punished by a fine of not 
 more than $1,000 or by imprisonment for not more than one 
 year, or by both such fine and imprisonment. Rev. Laws 1Q02, 
 ch. lOQ, sec. 28. 
 
 A director, treasurer or other officer or agent of a street 
 railway company who knowingly votes to authorize the issue 
 of, or knowingly signs, certifies or issues, stock or bonds con- 
 trary to the provisions of the three preceding sections, or who 
 knowingly votes to authorize the application, or knowingly 
 applies the proceeds, of such stock or bonds contrary to the pro- 
 
 3398 visions of said sections, or who knowingly votes to assume or 
 incur, or knowingly assimies or incurs in the name or behalf of 
 such company, any debt or liability except for the legitimate 
 purposes of the company shall be punished by a fine of not more 
 than $1,000 or by imprisonment for not more than one year, or 
 by both such fine and imprisonment. Acts igo6, ch. 46 j, pt: 
 in, sec. no. 
 
 MICHIGAN Any officer, director, agent or employe of any 
 
 person, corporation or association, who shall cause to be issued 
 any stocks, bonds, notes or other evidences of indebtedness 
 payable at periods of more than 1 2 months after the date thereof 
 
 3399 or who shall in any way aid in the issue of such stocks, bonds, 
 notes or other evidences of indebtedness, not authorized by the 
 commission, shall be deemed guilty of a felony, and upon con- 
 viction thereof shall be punished by imprisonment in the state 
 
 904 
 
prison not less than one year nor more than five years. Puh. 
 Acts igoQy no. 144, sec. j. 
 
 NEBRASKA Every common carrier and public service cor- 
 
 poration and all officers and agents of any common carrier or 
 public service corporation shall obey, observe and comply with 
 every order made by the commission, under the authority of this 
 act, so long as the same shall be and remain in force. Any com- 
 mon carrier or public service corporation which shall violate any 
 provisions of this act, or which fails, omits, or neglects to obey, 
 
 3400 observe or comply with any order or direction or requirement of 
 the commission under the provisions of this act, shall forfeit to 
 the people of the state of Nebraska, not to exceed the sirni of 
 $5,000 for each and every offense; every violation of any such 
 order or direction or requirement of this act, shall be a separate 
 and distinct offense, and, in case of a continuing violation every 
 day's continuance thereof shall be and be deemed to be a separate 
 and distinct offense. Acts igog, ch. 108, sec. 2. 
 
 Every officer and agent of any common carrier or public 
 service corporation who shall violate, or who procures, aids or 
 abets any violation by any such common carrier or corporation of 
 any provision of this act, or who shall fail to obey and observe 
 and comply with any order of the commission or any provision 
 
 3401 of an order of the commission under the terms of this act, or who 
 procures, aids, abets any such common carrier or corporation in 
 its failure to obey, observe and comply with any such order or 
 provision, be deemed guilty of a felony and on conviction thereof, 
 shall be punished by confinement in the penitentiary for a 
 period of not less than one and not longer than ten years. Same, 
 sec. 3. 
 
 OHIO Any director, president, secretary, manager, 
 
 officer or other official of any public utility or railroad who shall 
 knowingly make any false statement to secure the issue of any 
 stock, bond, note or other evidence of indebtedness, or who 
 shall, by such false statement, procure the order of the com- 
 
 3402 mission for the issue of any stock, bond, note or other evidence 
 of indebtedness, or issue with knowledge of such fraud, negotiate, 
 or cause to be negotiated any such stock, bond, or other evi- 
 dences of indebtedness in violation of this act, shall upon con- 
 viction thereof, be fined not less than $500, or be imprisoned in 
 the penitentiary for not less than one year or more than ten 
 years. Laws 1911, no. 525, sec. 60. 
 
 905 
 
WISCONSIN Any public service corporation as herein de- 
 
 fined, or any agent, director, or officer thereof, who shall directly 
 or indirectly, issue or cause to be issued, any stocks, certificates 
 of stock, bonds, notes, or other evidences of indebtedness, con- 
 
 3403 trary to the provisions of this act, or who shall apply the pro- 
 ceeds from the sale thereof to any purposes other than that 
 specified in the certificate of the commission, as herein provided, 
 shall forfeit and pay into the state treasury not less than $500 
 nor more than $10,000 for each offense. Laws igii, ch. jgj, 
 sec. 1753-17 
 
 Each and every director, president, secretary, or other 
 official or agent of any such public service corporation, who shall 
 make any false statement to secure the issue of any stock, cer- 
 tificates of stock, bond, note, or other evidence of indebtedness, 
 or who shall by false statement knowingly made, procure of the 
 commission the making of the certificate herein provided, or 
 
 3404 issue with knowledge of such fraud, negotiate, or cause to be 
 negotiated any such bond or other issue, in violation of these 
 statutes, shall be guilty of a felony and upon conviction thereof, 
 shall be punished by a fine of not less than $500, or by im- 
 prisonment in the state prison for a term of not less than one 
 nor more than ten years, or by both such fine and imprisonment 
 in the discretion of the court. Same, sec. 1753-18. 
 
 i 
 
 906 
 
CHAPTER XIII 
 
 Intercorporate Relations 
 
 SCOPE NOTE 
 
 This chapter includes grants of power authorizing 
 commissions to supervise the relations of utilities between 
 themselves with regard to finance and organization. Pro- 
 visions of general corporation law regulating intercor- 
 porate relations have been excluded. For provisions 
 regulating competition between utilities by limiting the 
 exercise of franchise privileges, see ch. xi, on franchises. 
 For provisions incidentally involving questions of leases, 
 consolidations and reorganizations, see ch. xii, on stock 
 and bond issues. For provisions dealing with through 
 routes, joint rates and the apportionment thereof between 
 connecting carriers, street railway transfers, and physical 
 connection of telephone and telegraph companies, see ch. 
 iv, on establishment and change of rates. For provisions 
 prescribing publicity for leases, contracts and arrange- 
 ments between utilities, see ch. v, on publicity of rates. 
 For provisions dealing with the duty to provide equip- 
 ment and render service as between utilities, and for 
 those dealing with the joint use of facilities, see ch. vii, 
 on service. For provisions prescribing general procedure 
 to be followed in the exercise of commission authority, * 
 see ch. . xiv, on commission procedure and practice. 
 For provisions prescribing general rules of enforcement 
 and judicial review, see ch. xv, on enforcement. For 
 general statement of scope and method, see mtroduction. 
 
 ANALYSIS 
 
 A. Assignment, lease, mortgage, sale or transfer of franchises and other 
 
 property 908 
 
 B. Purchase and sale of stocks or bonds of public utilities 915 
 
 C. Authority of public utilities to consolidate 920 
 
 907 
 
A. ASSIGNMENT, LEASE, MORTGAGE, 
 SALE OR TRANSFER OF FRANCHISES 
 AND OTHER PROPERTY. 
 
 ARIZONA, CALIFORNIA 
 
 No railroad, street railroad, pipe line, gas, 
 electrical, telephone, telegraph or water corporation shall hence- 
 forth sell, lease, assign, mortgage or otherwise dispose of or en- 
 cumber the whole or any part of its railroad, street railroad, line, 
 plant or system, necessary or useful in the performance of its 
 duties to the public, or any franchise or permit or any right 
 thereunder, nor by any means whatsoever, direct or indirect, 
 merge or consolidate its railroad, street railroad, line, plant or 
 system, or franchises or permits or any part thereof, with any 
 other public utility,^ without having first secured from the com- 
 mission an order authorizing it so to do. Every such sale, lease, 
 assignment, mortgage, disposition, encimibrance, merger or con- 
 solidation made other than in accordance with the order of the 
 commission authorizing the same shall be void. The permission 
 3405 and approval of the commission to the exercise of a franchise or 
 permit under section 50 of this act, or the sale, lease, assignment, 
 mortgage or other disposition or encumbrance of a franchise or 
 permit under this section shall not be construed to revive or 
 validate any lapsed or invalid franchise or permit, or to enlarge 
 or add to the powers or privileges contained in the grant of any 
 franchise or permit, or to waive any forfeiture. Nothing in this 
 subsection contained shall be construed to prevent the sale, 
 lease or other disposition by any public utility ^ of a class desig- 
 nated in this subsection of property which is not necessary or 
 useful in the performance of its duties to the public, and any sale 
 of its property by such public utility ^ shall be conclusively pre- 
 sumed to have been of property which is not useful or necessary 
 in the performance of its duties to the public, as to any pur- 
 chaser of such property in good faith for value. Ariz. — Sess. 
 Laws igi2, ch. go, sec. 5i{a); Cat. — Stats, igii, ist. ex. sess., 
 ch. 14, sec. ji{a). 
 
 CONNECTICUT Any company may make lawful contracts 
 
 with any other company with whose railroad its tracks may 
 
 8406 connect or intersect, in relation to its business or property, and 
 
 * " Public service corporation," in Arizona. 
 
 908 
 
may take a lease of the property or franchise of, or lease its 
 property or franchises to any such company. Gen. Stats. igo2, 
 sec. 3702. 
 
 KANSAS No franchise granted to a common carrier or 
 
 public utility governed by the provisions of this act shall be 
 assigned, transferred or leased, nor shall any contract or agree- 
 
 3407 ment with reference to or affecting such franchise or right there- 
 under be valid or of any force or effect whatsoever, unless the 
 assignment, transfer, lease, contract or agreement shall have 
 been approved by commission. Laws igii, ch. 2j8, sec. j6. 
 
 MARYLAND No franchise, nor any right to or under any 
 
 franchise to own or operate a railroad or street railroad, shall be 
 assigned, transferred or leased, nor shall any contract, or agree- 
 ment with reference to or affecting any such franchise or right be 
 valid or of any force or effect whatsoever, unless the assignment, 
 transfer, lease, contract or agreement shall have been approved by 
 
 3408 the commission. The permission and approval of the commission 
 to the exercise of a franchise under this section, or to the assign- 
 ment, transfer or lease of a franchise under this section, shall not 
 be construed to revive or validate any lapsed or invalid-franchise, 
 or to enlarge or add to the powers and privileges contained in the 
 grant of any franchise or to waive any forfeiture. Laws iQio, 
 ch. 180, sec. 26. 
 
 No gas or electrical corporation shall transfer or lease its 
 franchise, works or system, or any part of such franchise, works 
 or system to any other person or corporation or contract for the 
 operation of its works and system, without the written consent 
 of the commission. The permission and approval of the com- 
 
 3409 mission to the exercise of a franchise under this act, or to the 
 assignment, transfer or lease of a franchise under this section 
 shall not be construed to revive or validate any lapsed or in- 
 valid franchise or to enlarge or add to the powers and privileges 
 contained in the grant of any franchise or to waive any for- 
 feiture. Same, sec. 55. 
 
 MASSACHUSETTS A lease or purchase and sale of the franchise 
 and property of a railroad corporation, or street railway com- 
 pany, and a consolidation of two or more railroad corporations, 
 or street railway companies, or a contract that either corporation 
 shall perform all the transportation upon and over the road of the 
 other, whether authorized by general laws or a special act, shall 
 not be valid or binding until the terms thereof shall, after public 
 
 909 
 
notice and a hearing, have been approved by the railroad com- 
 mission, and a certificate signed by said commission, setting forth 
 
 3410 the vote of approval, shall have been filed in the office of the secre- 
 tary of the commonwealth. Said board shall announce its de- 
 cision within 30 days after the final hearing upon the application 
 of any railroad corporation or street railway company for per- 
 mission to lease or sell to, consolidate with or purchase the 
 franchise and other property of, any other railroad corporation 
 or street railway company, or to contract with any other rail- 
 road corporation or street railway company that either corpora- 
 tion shall perform all the transportation upon and over the road 
 of the other. Acts igo6, ch. 46 j, pt. i, sec. 6y, as amended by 
 Acts ipoy, ch. 585. 
 
 Two railroad corporations, which are incorporated under 
 the laws of this commonwealth, and whose railroads enter 
 upon or connect with each other, may contract that either 
 corporation shall perform all the transportation upon and over 
 the railroad of the other; and any such corporation may lease 
 its railroad to any other such corporation; but the facilities 
 for travel and business on either of the railroads of said corpora- 
 tions shall not thereby be diminished. Such leases shall be upon 
 such terms as the directors agree, and as majority in interest of 
 the stockholders of both corporations at meetings called for the 
 purpose approve, subject to the provisions of section 67 of part 
 I of this act. The income arising from such contracts or leases 
 shall be subject to the provisions of law relative to the right of 
 
 3411 the commonwealth to purchase the railroads of the railroad cor- 
 porations or to reduce their tolls, in the same manner as that 
 arising from the use of the railroads. Copies of such contracts or 
 leases shall be deposited with the railroad commission, and full 
 statement of the facts shall be set forth in the next annual re- 
 turn of such corporations. The provisions of this section shall 
 not authorize a lease or contract between two railroad corpora- 
 tions, each of which has a terminus in the city of Boston. The 
 railroads of two railroad corporations shall be considered to 
 enter upon or connect with each other, within the meaning of 
 this section, if one of such railroads enters upon, connects with, 
 or intersects a railroad leased to the other or operated by it 
 under a contract as herein authorized. Acts igo6, ch. 463, pt. ii, 
 sec. 2og, as amended by Acts igoy, ch. j8j, sec. 8. 
 
 Two street railway companies, incorporated under the laws 
 of this commonwealth, whose railways connect with or intersect 
 
 910 
 
each other or together form a continuous line, may contract that 
 either company shall perform all the transportation upon and 
 over the whole or any part of the railway of the other; or any 
 such company may lease its franchise, property and railway to 
 any other such company; but the facilities for travel on either 
 of the railways of said companies shall not be thereby diminished 
 or the rates of fare increased. Such contract or lease shall not 
 be valid or binding until its terms have been agreed to by a major- 
 
 3412 ity of the directors, and have been approved, at meetings called 
 for the purpose, by a vote of a majority in interest of the stock- 
 holders of each of said companies, and by the railroad com- 
 mission as required by section 67 of part I. The income arising 
 
 . from such contracts or leases shall be subject to the provisions of 
 law relative to the reduction of fares in the same manner as that 
 arising from the use of the railways. Such railways shall be 
 considered as connecting with or intersecting each other, or 
 forming a continuous line, if one of them connects with or inter- 
 sects or forms a continuous line with a railway leased to or 
 operated by the other under a contract authorized by the pro- 
 visions of this section. Acts 1Q06, ch. 463, pt. Hi, sec. 55. 
 
 A gas company shall not transfer its franchise, lease its 
 
 3413 works or contract with any person, association or corporation to 
 carry on its works, without the authority of the general coiut. 
 Rev. Laws igo2, ch. 121, sec. ij. 
 
 Said gas companies so authorized by the gas and electric 
 light commission may purchase or lease and use the property, 
 
 3414 licenses, rights, privileges and franchises of any electric light 
 company which is engaged in the business of furnishing electric 
 light or power in the territory in which such gas company may be 
 authorized to furnish such light and power. Same, sec. 22. 
 
 A gas company ^ may purchase the franchise and property of 
 another gas company whose gas mains are in the same or con- 
 tiguous municipalities, or may consolidate with such other gas 
 company, and such other gas company may sell and convey its 
 franchise and property to, or may ^consolidate with, such first- 
 mentioned gas company; and an electric light company* may pur- 
 chase the franchise and property of another electric light com- 
 pany whose lines are in the same or contiguous municipalities, or 
 
 1 In this act " gas company " means any corporation organized under the laws of this 
 commonwealth for the purpose of making or selling gas for light, heat or power, and actu- 
 ally engaged in that business, including such of said corporations as are also duly authorized 
 to generate and furnish electricity for light and power; and " electric light company " 
 means any corporation organized under the laws of this commonwealth for the purpose of 
 making or selling electricity only for light, heat or power, and actually engaged in that 
 business. Acls iqo8, ch. 529, sec. i. 
 
 911 
 
may consolidate with such other electric light company, and such 
 other electric light company may sell and convey its franchise and 
 3416 property to, or may consolidate with, such first-mentioned electric 
 light company: Provided, that no such purchase and sale or con- 
 solidation shall be valid or binding until the terms thereof have 
 been approved, at meetings called for the purpose, by a vote of at 
 least two-thirds in interest of the stockholders of each of the con- 
 tracting companies, and until the gas and electric light com- 
 mission, after notice and a public hearing, have determined that 
 the facilities for furnishing and distributing light, heat and 
 power will not thereby be diminished and that such purchase and 
 sale or consolidation and the terms thereof are consistent with 
 the public interest. Acts iqo8, ch. 52 g, sec. 2. 
 
 No electric light company shall purchase the franchise or 
 property of, or consolidate with, a gas company; and no gas 
 company shall purchase the franchise or property of, or consoli- 
 date with, an electric light company; provided, that a gas 
 company authorized to engage in the business of generating and 
 furnishing electricity for light and power under the provisions 
 of section 14 of chapter 121 of the revised laws may, with the 
 
 3416 approval of gas and electric commission, exercise the authority 
 conferred by section 22 of said chapter, and may, with the 
 approval of commission and subject to the provisions of sec- 
 tions three and four hereof, so far as the same may be applic- 
 able, sell its locations and the property used in its business of 
 generating and furnishing electricity for light and power to an 
 electric light company whose lines are in the same or in a con- 
 tiguous municipality. Same, sec. 5, as amended by Acts igog, 
 ch. J16, sec. I. 
 
 Nothing contained in this act shall be construed as author- 
 
 3417 izing the consolidation of the Boston Consolidated Gas Com- 
 pany and The Edison Electric Illuminating Company of Boston. 
 Same, sec. 6. 
 
 All applications for the approval by the gas and electric 
 light commission of purchases and sales or consolidations under 
 the provisions of chapter 529 of the acts of 1908, or of the pre- 
 
 3418 ceding section, shall be filed with the commission within four 
 months after the passage by the contracting companies of votes 
 authorizing such purchase and sale or consolidation. Acts igog, 
 ch. jj6, sec. 2. 
 
 NEW HAMPSHIRE No franchise nor any right to or under any 
 franchise, to own or operate a railroad shall be assigned, trans- 
 
 912 
 
 I 
 
f erred or leased, nor shall any contract or agreement with refer- 
 8419 ence to or affecting any such franchise or right be valid or of any 
 force or effect whatsoever, unless the assignment, transfer, lease, 
 contract or agreement shall have been approved by the com- 
 mission. Laws 191 1 y ch. 164, sec. 12(b). 
 
 No public utility shall transfer or lease its franchise, works 
 or system or any part of such franchise, works or system exer- 
 
 3420 cised or located in this state to any other person or corporation 
 or contract for the operation of its works and system located in 
 this state until the commission shall make an order assenting 
 thereto. Same, sec. ijib). 
 
 NEW JERSEY No public utility as herein defined shall with- 
 
 out the approval of the commission sell, lease, mortgage, or 
 otherwise dispose of or encumber its property, franchises, 
 privileges or rights, or any part thereof; nor merge or con- 
 solidate its property, franchises, privileges or rights, or any 
 part thereof, with that of any other public utility as herein de- 
 
 3421 fined. Every sale, lease, mortgage, disposition, encumbrance, 
 merger or consolidation made in violation of any of the provisions 
 hereof shall be void and of no effect. Nothing herein contained 
 shall be construed in any wise to prevent the sale, lease or other 
 disposition by any public utility as herein defined of any of its 
 property in the ordinary course of its business. Laws 191 1, ch. 
 jp5, sec. i8{h). 
 
 NEW YORK Provisions identical with pars. 3408, 3409. 
 
 3422 Laws 1 910, ch. 480, sec. 54{i) {railroads and street railroads), sec. 
 yo (gas and electrical corporations). 
 
 No franchise or any right to or under any franchise to own 
 or operate a telegraph line or telephone line shall be assigned, 
 transferred or leased, nor shall any contract or agreement here- 
 after made with reference to or affecting any such franchise or 
 
 3423 right be valid or of any force or effect whatever unless the assign- 
 ment, transfer, lease, contract or agreement shall have been ap- 
 proved by the commission. No franchise or right to or under 
 any franchise to own or operate a telegraph line or telephone line 
 shall be assigned, transferred or leased to or owned or operated by 
 any foreign corporation. Same, sec. 99(2). 
 
 The approval of the commission to the exercise of a fran- 
 chise or to the assignment, transfer or lease of a franchise shall 
 
 3424 not be construed to revive or validate any lapsed or invalid 
 franchise or to enlarge or add to the powers and privilege con- 
 
 913 
 
tained in the grant of any franchise or to waive any forfeiture. 
 Same, sec. 99(3). 
 
 OHIO With the consent and approval of the commis- 
 
 sion, but not otherwise: (a) Any two or more pubHc utilities, 
 furnishing a like service or product and doing business in the 
 same municipality or locality within this state, or any two or 
 more public utilities whose lines intersect or parallel each other 
 
 3425 within this state, may enter into contracts with each other that 
 will enable such public utilities to operate their lines or plants in 
 connection with each other, (b) Any public utility may pur- 
 chase, or lease the property, plant or business of any other such 
 public utility, (c) Any such public utility may sell or lease its 
 property or business to any other such public utility. Laws 
 1911, no. J25, sec. 63. 
 
 The proceedings ^ for obtaining the consent and approval 
 of the commission for such authority, shall be as follows: There 
 shall be filed with the commission a petition, joint or other- 
 wise, as the case may be, signed and verified by the president 
 and secretary of the respective companies, clearly setting forth 
 the object and purposes desired, stating whether or not it is 
 for the purchase, sale, lease or making of contracts or for any 
 other purpose in this section provided and also the terms and 
 
 3426 conditions of the same. The commission shall, upon the filing 
 
 of such petition, if it deem the same necessary, fix a time and 
 place for the hearing thereof. If, after such hearing or in case 
 no hearing is required, the commission is satisfied that the 
 praye of such petition should be granted and the public will there- 
 by be furnished adequate service for a reasonable and just rate, 
 rental, toll, or charge therefor, it shall make such order in the 
 premises as it may deem proper and the circumstances require, 
 and thereupon it shall be lawful to do the things provided for in 
 such order. Same. 
 
 All such contracts, leases, purchases, sales or consolidations 
 
 3427 not made pursuant to the provisions of this act or contrary here- 
 to shall be void and of no effect. Same, sec. 65. 
 
 See also pars. 3446, 3448. 
 
 1 The same proceedings are prescribed for obtaining the consent and approval of the 
 commission for authority to purchase the stock of another public utility. See par. 3440- 
 
 914 
 
B. PURCHASE AND SALE OF STOCKS 
 OR BONDS OF PUBLIC UTILITIES. 
 
 ARIZONA, CALIFORNIA 
 
 No public utility^ shall hereafter purchase or 
 acquire, take or hold, any part of the capital stock of any other 
 public utility,^ organized or existing under or by virtue of the 
 laws of this state, without having been first authorized to do so 
 by the commission. Every assignment, transfer, contract or 
 8429 agreement for assignment or transfer of any stock by or through 
 any person or corporation to any corporation or otherwise in 
 violation of any of the provisions of this section shall be void and 
 of no effect, and no such transfer shall be made on the books of 
 any public utility/ Nothing herein contained shall be construed 
 to prevent the holding of stock heretofore lawfully acquired. 
 Ariz. — Sess. Laws 1Q12, ch. go, sec. 5i{h); Col. — Stats, igii, ist. 
 ex. sess., ch. 14, sec. 51Q)). 
 
 KANSAS No common carrier or public utility governed 
 
 by the provisions of this act, domestic or foreign, shall hereafter 
 
 3430 purchase or acquire, take or hold any part of the capital stock, 
 bonds or other forms of indebtedness of any competing public 
 utility or common carrier, either as owner or pledge imless 
 authorized by the commission. Laws igii, ch. 2j8, sec. 2/. • 
 
 MASSACHUSETTS If a foreign corporation which owns or con- 
 trols a majority of the capital stock of a domestic street railway, ^ 
 gaslight or electric light corporation issues stock, bonds or other 
 evidences of indebtedness based upon or secured by the property, 
 franchise or stock of such domestic corporation, unless such 
 issue is authorized by the law of this commonwealth, the supreme 
 
 3431 judicial court shall have jurisdiction in equity in its discretion 
 • to dissolve such domestic corporation. If it appears to the 
 
 attorney general that such issue has been made, he shall insti- 
 tute proceedings for such dissolution and for the proper dis- 
 position of such corporation. The provisions of this section 
 shaU not affect the right of foreign corporations, their officers 
 or agents, to issue stock and bonds in fulfilment of contracts 
 existing on July 14, 1894. Rev. Laws igo2, ch. 126, sec. 11. 
 
 MARYLAND No railroad or street railroad corporation, 
 
 domestic or foreign, .shall hereafter purchase or acquire, take or 
 
 » "Public service corporation," in Arizona. 
 
 2 This section is repealed so far as it applies to street railways or street railway com- 
 panies. 
 
hold, any part of the capital stock of any railroad corporation or 
 street railroad corporation, or other common carrier organized or 
 existing under or by virtue of the laws of this state, imless au- 
 thorized so to do by the commission, and save where stock shall 
 be transferred or held for the purpose of collateral security only 
 
 3432 with the consent of the commission, no stock corporation of any 
 description, domestic or foreign, other than a railroad corpora- 
 tion, or street railroad corporation, shall purchase or acquire, take 
 or hold more than ten per cent, of the total capital stock issued 
 by any railroad corporation, or street railroad corporation, or 
 other common carrier organized or existing under or by virtue of 
 the laws of this state. Nothing herein contained shall be con- 
 strued to prevent the holding of stock heretofore lawfully ac- 
 quired. Laws iQio, ch. i8o, sec. 26. 
 
 Every contract, assignment, transfer or agreement for 
 transfer of any stock by or through any person or corporation, 
 to any corporation, in violation of any provisions of this act, shall 
 
 3433 be void and of no effect, and no such transfer or assignment shall 
 be made upon the books of any such railroad corporation or 
 street railroad corporation, or shall be recognized as effective 
 for any purpose. Same. 
 
 No gas or electrical corporation shall directly or indirectly 
 acquire the stock or bonds of any other corporation incorporated 
 for or engaged in the same or a similar business, or proposing to 
 operate or operating under a franchise from the same or any 
 other municipality, unless authorized to do so by the commission. 
 Save where stock shall be transferred or held for the purpose of 
 collateral security only with the consent of the commission, no 
 stock corporation of any description, domestic or foreign, other 
 than a gas or electrical corporation, shall purchase or acquire, 
 
 3434 take or hold, more than ten per cent, of the total capital stock 
 issued by any gas corporation or electrical corporation organized 
 or existing under or by virtue of the laws of this state. Nothing 
 herein contained shall be construed to prevent the holding of 
 stock heretofore lawfully acquired. Every contract, assignment, 
 transfer, agreement for transfer of any stock by or through any 
 person or corporation to any corporation in violation of any 
 provision of this act, shall be void and of no effect, and no such 
 transfer or assignment shall be made upqn the books of any such 
 gas corporation or electrical corporation, or shall be recognized as 
 effective for any purpose. Same, sec. 35. 
 
 916 
 
NEW HAMPSHIRE No public utility shall directly or indirectly 
 acquire the stocks or bonds of any other corporation incor- 
 porated in or doing business in this state and engaged or prepar- 
 ing to engage in the same or a similar business unless authorized 
 to do so by order of the commission; provided, however, that 
 nothing in this act shall in any manner prevent a public utility 
 being in fact the owner at the time of the passage of this act of the 
 majority of the capital stock of any other public utility or 
 
 8435 leasing or operating such other public utility from acquiring the 
 balance or all of the outstanding capital stock of such other 
 public utility, a majority of which stock is so owned or which is 
 so leased or operated. Every contract, assignment, transfer, 
 or agreement for transfer of any stock by or through any person 
 or corporation to any corporation in violation of any provision of 
 this section shall be void and of no effect, and no such transfer or 
 assignment shall be made upon the books of any public utility, or 
 shall be recognized as effective for any purpose. Laws igii, ch. 
 164, sec. 13(c). 
 
 NEW JERSEY No public utility as herein defined incorporated 
 
 under the laws of this state shall sell, nor shall any such public 
 utility make or permit to be made upon its books any transfer of 
 any share or shares of its capital stock, to any other public utility 
 as herein defined, unless authorized to do so by the commission. 
 Nor shall any public utility as herein defined incorporated imder 
 the laws of this state sell any share or shares of its capital stock 
 or make or permit any transfer thereof to be made upon its books, 
 to any corporation, domestic or foreign, result of which sale or 
 
 8436 transfer in itself or in connection with other previous sales or 
 transfers shall be to vest in such corporation a majority in interest 
 of the outstanding capital stock of such public utility corporation 
 unless authorized to do so by the commission. Every assign- 
 ment, transfer, contract or agreement for assignment or transfer 
 by or through any person or corporation to any corporation in 
 violation of any of the provisions hereof shall be void and of no 
 effect, and no such transfer shall be made on the books of any 
 public utility corporation. Nothing herein contained shall be 
 construed to prevent the holding of stock heretofore lawfully 
 acquired. Laws igii, ch. ig^, sec. ig. 
 
 NEW YORK No railroad, street railroad, or electrical cor- 
 
 poration, domestic or foreign, shall hereafter purchase or acquire, 
 take or hold, any part of the capital stock of any railroad cor- 
 
 917 
 
poration or street railroad corporation or other common carrier 
 organized or existing under or by virtue of the laws of this state, 
 unless authorized so to do by the commission empowered by 
 this act to give such consent ; and save where stock shall be trans- 
 ferred or held for the purpose of collateral security only with the 
 consent of the commission empowered by this chapter to give 
 such consent, no stock corporation of any description, domestic 
 or foreign, other than a railroad, street railroad, or electrical cor- 
 poration, shall purchase or acquire, take, or hold, more than ten 
 per cent, of the total capital stock issued by any railroad or 
 street railroad corporation or other common carrier organized or 
 existing imder or by virtue of the laws of this state, except that 
 a corporation now lawfully holding a majority of the capital 
 stock of any railroad corporation or street railroad corporation 
 8437 may with the consent of the commission acquire and hold the re- 
 mainder of the capital stock of such railroad corporation or street 
 railroad corporation or any portion thereof. Nothing herein 
 contained shall be construed to prevent the holding of stock here- 
 tofore lawfully acquired, or to prevent, upon the suiTcnder or ex- 
 change of said stock pursuant to a reorganization plan, the pur- 
 chase, acquisition, taking or holding of a proportionate amount 
 of stock of any new corporation organized to take over, at fore- 
 closure or other sale, the property of any corporation whose stock 
 has been thus surrendered or exchanged. Every contract, 
 assignment, transfer or agreement for transfer of any stock by or 
 through any person or corporation to any corporation, in viola- 
 tion of any provision of this chapter, shall be void and of no 
 effect, and no such transfer or assignment shall be made upon the 
 books of any such railroad corporation or street railroad corpora- 
 tion, or shall be recognized as effective for any purpose. Laws 
 igio, ch. 480, sec. 54(2). 
 
 No such corporation^ shall directly or indirectly acquire the 
 stock or bonds of any other corporation incorporated for, or en- 
 gaged in, the same or a similar business, or proposing to operate 
 or operating under a franchise from the same or any other muni- 
 cipality, neither shall any street railroad corporation acquire the 
 stock or bonds of any electrical corporation, unless authorized so 
 to do by the commission. Save where stock shall be transferred 
 or held for the purpose of collateral security only with the consent 
 of the commission empowered by this chapter to give such con- 
 sent, no stock corporation of any description, domestic or foreign, 
 other than a gas or electrical or street railroad corporation, shall 
 
 ^ Gas or electrical. 
 
 918 
 
ptirchase or acquire, take or hold, more than ten per cent, of 
 the total capital stock issued by any gas corporation or electrical 
 corporation organized or existing under or by virtue of the laws of 
 this state, except that a corporation now lawfully holding a ma- 
 
 3438 jority of the capital stock of any gas or electrical corporation may 
 with the consent of the commission acquire and hold the remain- 
 der of the capital stock of such gas or electrical corporation or any 
 portion thereof. Nothing herein contained shall be construed 
 to prevent the holding of stock heretofore lawfully acquired, or to 
 prevent, upon the surrender or exchange of said stock pursuant 
 to a reorganization plan, the purchase, acquisition, taking or 
 holding of a proportionate amount of stock of any new corpora- 
 tion organized to take over, at foreclosure or other sale, the 
 property of any corporation whose stock has been thus sur- 
 rendered or exchanged. Every contract, assignment, transfer or 
 agreement for transfer of any stock by or through any person or 
 corporation to any corporation, in violation of any provision of 
 this chapter shall be void and of no effect, and no such transfer or 
 assignment shall be made upon the books of any such gas cor- 
 poration, or electrical corporation, or shall be recognized as 
 effective for any purpose. Same, sec. 70. 
 
 Save where stock shall be transferred or held for the pur- 
 pose of collateral security, no stock corporation, domestic or 
 foreign other than a telegraph corporation or telephone corpo- 
 ration, shall, without the consent of the commission, purchase or 
 acquire, take or hold more than ten per cent, of the total capi- 
 tal stock issued by any telegraph corporation or telephone cor- 
 poration organized or existing under or by virtue of the laws of 
 this state, except that a corporation now lawfully holding a ma- 
 jority of the capital stock of any telegraph corporation or tele- 
 phone corporation may, without the consent of the commission, 
 
 3439 acquire and hold the remainder of the capital stock of such tele- 
 graph corporation or telephone corporation, or any portion 
 thereof. Nothing herein contained shall be construed to pre- 
 vent the holding of stock heretofore lawfully acquired, or to 
 prevent, upon the surrender or exchange of said stock pursuant 
 to a reorganization plan, the piirchase, acquisition, taking or 
 holding of a proportionate amount of stock of any new cor- 
 poration organized to take over, at foreclosure or other sale the 
 property of any corporation whose stock has been thus sur- 
 rendered or exchanged. Every contract, assignment, transfer or 
 agreement for transfer of any stock by or through any person or 
 
 919 
 
corporation to any corporation in violation of any provision of 
 this chapter shall be void and of no effect, and no such transfer or 
 assignment shall be made upon the books of any such telegraph 
 corporation or telephone corporation, or shall be recognized as 
 effective for any purpose. Same, sec. loo. 
 
 OHIO With the consent and approval of the com- 
 
 3440 mission, but not otherwise; any public utility may purchase the 
 stock of any other public utility.^ Laws 191 1, no. 325, sec. 63. 
 
 All such contracts, leases, purchases, sales or consolidations 
 
 3441 not made pursuant to the provisions of this act or contrary hereto 
 shall be void and of no effect. Same, sec. 65. 
 
 C. AUTHORITY OF PUBLIC UTILITIES 
 TO CONSOLIDATE. 
 
 ARIZONA, CALIFORNIA 
 
 See par. 3405. 
 
 MASSACHUSETTS The presidents, or a majority of the boards of 
 directors or the holders of not less than one-third in interest of 
 the capital stock of two or more railroad corporations, may apply 
 to the railroad commission for its determination as to whether the 
 consolidation of the railroads of such corporations is consistent 
 with the public interest. If the commission, after public notice 
 and a hearing, shall find that such consolidation is consistent with 
 the public interest, it shall report its findings to the general court 
 together with drafts of a law or laws to authorize such consolida- 
 
 3442 tion upon the agreement of the corporations to be consolidated, 
 and after ratification by a vote of not less than two-thirds in 
 interest of the stockholders in each, and under terms and condi- 
 tions which will effectually prevent any decrease in the facilities 
 for transportation on the railroad of either of such corporations 
 or any increase in the rates for passengers or freight by the said 
 consolidation, and which will, in the opinion of the commission, 
 secure to the commonwealth adequate control over the organi- 
 zation, conduct and management of the said corporations and 
 railroads, and upon such other terms and conditions as may seem 
 to the board desirable and proper. Laws igoy, ch. j8^, sec. 3. 
 See also pars. 3410, 3415, 3416, 3417, 3418. 
 
 ' The proceedings for obtaiiiing the consent and approval of the commission for such 
 authority are defined in the same sertion. See. par. 3426. 
 
 920 
 
MICHIGAN See par. 1188. 
 
 NEW JERSEY See par. 3421. 
 
 OHIO With the consent and approval of the commis- 
 
 sion, but not otherwise, any two or more telephone companies, 
 
 3443 defined in this act and doing business in this state, may con- 
 solidate with each other, when such telephone companies shall 
 have complied with the orders and requirements of the com- 
 mission and the provisions of this act. Laws iQii, no. 325, sec. 64. 
 
 Such telephone companies shall file with the commission a 
 joint petition for such consolidation, signed and verified by the 
 president and secretary of the respective companies, in which 
 
 3444 shall be set forth in detail, all of the terms, conditions and pro- 
 ceedings pertaining to such consolidation and in such form as the 
 commission may require, and thereupon the commission shall 
 fix a time and place for the hearing of such petition. Same. 
 
 If, after such hearing, the commission is satisfied that such 
 consolidation will promote public convenience, and will fiunish 
 the public adequate service for a reasonable rate, rental, toll or 
 charge therefor, it shall make an order authorizing such consoli- 
 
 3445 dation, which order before taking effect shall be filed with the 
 secretary of state. Other proceedings relating to such consoli- 
 dation shall be in the manner and with the effect, not incon- 
 sistent with the provisions of this act, as is provided for in the 
 consolidation of railroad companies imder the laws of this state. 
 Same. 
 
 No consolidation, pvirchase, lease or contract by which two 
 or more telephone companies merge or operate their lines or plants 
 jointly or in connection with each other, shall become valid or 
 
 3446 effective until after the commission shall have ascertained and 
 determined the valuation as provided in this act upon which the 
 rates, tolls, charges and rentals are based and also shall have 
 fixed and determined such rates, tolls, charges and rentals so to 
 be charged. Same. 
 
 3447 All valuations so ascertained and determined shall be at all 
 times open to public inspection. Same. 
 
 All such contracts, leases, purchases, sales or consolidations 
 
 3448 not made ptirsuant to the provisions of this act or contrary 
 hereto shall be void and of no effect. Same, sec. 65. 
 
 WISCONSIN No public service corporation shall purchase, 
 
 directly or indirectly, or in any way acquire the property of any 
 other public service corporation or of any person furnishing 
 
 921 
 
service to the public, for the purpose of effecting a consoHdation, 
 except that the property of such corporation or person shall 
 3449 first be valued as provided in subsection 5 of section 1753-9 of 
 the statutes, and then only at a sum not to exceed the value 
 found and determined by the commission and stated in the cer- 
 tificate of authority issued to such corporation for the issuance of 
 stocks, certificates of stock, bonds, notes, or other evidences of 
 indebtedness. Laws iqii, ch. 593, sec. iyjj-ii{2). 
 
 922 
 
 J 
 
CHAPTER XIV 
 
 Commission Procedure and Practice 
 
 SCOPE NOTE 
 
 This chapter includes provisions prescribing the gen- 
 eral procedure to he observed by commissions in the per- 
 formance of their duties and the conduct of their proceed- 
 ings, and such grants of power as authorize commissions 
 to render these requirements efective. Provisions involv- 
 ing special procedure incident to the exercise of particular 
 powers have been excluded. For procedure in the regula- 
 tion of competition, see ch. xi, on franchises, and ch. 
 xiii, on intercorporate relations. For procedure in the 
 regulation of capitalization, see ch. xii, on stock and 
 bond issues. For procedure in the valuation of utility 
 property by commissions, see ch. iii, on basis of rate 
 making. For procedure in the regulation of rates, see 
 ch. iv, on establishment and change of rates. For pro- 
 cedure in the regulation of the adequacy and safety of 
 service, see ch. vii, on service, and ch. viii, on safety of 
 operation. For provisions prescribing general rules of 
 enforcement and judicial review, see ch. xv, on enforce- 
 ment. For general statement of scope and method, see 
 introduction. 
 
 923 
 
ANALYSIS 
 
 PAGE 
 
 A. Authority of commission to adopt rules and regulations for its govern- 
 
 ment and proceedings 925 
 
 B. Authority of commission to administer oaths, subpoena witnesses and 
 
 order the production of books, records and memoranda in proceedings 
 before commission 930 
 
 1. Administration of oaths, issue of subpoenas and production of 
 
 documents 930 
 
 2. Compensation of witnesses 959 
 
 3. Immunity of witnesses 967 
 
 4. Depositions 972 
 
 C. Procedure in investigations and proceedings before commission 976 
 
 1. Complaints 976 
 
 2. Hearings 992 
 
 3. Orders 1008 
 
 4. Rehearings 1016 
 
 5. Rescission or amendment of orders 1020 
 
 D. Duty of commission with respect to the keeping of records and to the 
 
 publicity thereof 102 1 
 
 E. Validity of records and documents, or certified copies thereof, on file with 
 
 commission, as evidence in commission or judicial proceedings 1028 
 
 F. Effect of technical omissions on validity of acts of commission 1033 
 
 924 
 
A. AUTHORITY OF COMMISSION TO ADOPT 
 RULES AND REGULATIONS FOR ITS GOV- 
 ERNMENT AND PROCEEDINGS.^ 
 
 UNITED STATES Commission may, from time to timie, make or 
 amend such general rules or orders as may be requisite for the 
 
 3460 order and regulation of proceedings before it, including forms of 
 notices and the service thereof, which shall conform as nearly 
 as may be, to those in use in the courts of the United States. 
 Act to Regulate Commerce, sec. i^j. 
 
 ALABAMA Commission may adopt and publish rules to 
 
 govern its proceedings and to regulate the mode and manner of 
 
 3451 all investigations and hearings before it, provided all hearings 
 shall be open to the public. Code igo'j, sec. 5643. 
 
 ARIZONA The law-making power may enlarge the powers 
 
 and extend the duties of commission and may prescribe rules 
 
 3452 and regulations to govern proceedings instituted by and before 
 it; but, until such rules and regulations are provided by law, 
 commission may make rules and regulations to govern such pro- 
 ceedings. Const., art. xv, sec. 6. 
 
 COLORADO Commission may make all needful rules for its 
 
 3453 government and proceedings. Laws igio, sp. sess., ch. 5, sec. 12. 
 
 INDIANA Commission may adopt and enforce such rules, 
 
 regulations and modes of procedure as it may deem proper, to 
 
 3454 hear and determine complaints and for the conduct of all investi- 
 gations held by it or its appointees and to regulate the conduct of 
 its inspectors and appointees. Acts igoy, ch. 241, sec. j{e). 
 
 IOWA Commission may from time to time make or 
 
 amend such general rules or orders as may be necessary for the 
 
 3455 preservation of order and the regulation of proceedings before it, 
 including forms of notice and the service thereof, which shall 
 conform as nearly as may be to those in use in the courts of the 
 state. Code i8gy, sec. 2142. 
 
 KANSAS Commission shall have power to adopt rules to 
 
 govern its proceedings, and to regulate the mode and manner of 
 
 3456 all investigations and hearings held by commission imder the 
 
 1 See also pars. 3712-3790. 
 
authority conferred upon it by law ; provided, no person desiring 
 to be present at any such investigation or hearing shall be denied 
 admission. Gen. Stats, igog, sec. ^172. 
 
 Commission shall have power to adopt reasonable and proper 
 rules and regulations to govern its proceedings including the as- 
 3467 sessment and taxation of costs on any complaint provided for in 
 section 33 hereof, and to regulate the mode and manner of all 
 investigations, tests, audits, inspections and hearings not specifi- 
 cally provided for herein. Laws igii, ch. 2j8, sec. g. 
 
 LOUISIANA Commission shall have power to adopt and en- 
 
 force such reasonable rules and regulations and modes of pro- 
 cediire as it may deem proper for the discharge of its duties and 
 to hear and determine complaints that may be made against the 
 
 3458 classification or rates it may establish, and to regulate the mode 
 and manner of all investigations and hearings of railroad com- 
 panies and other parties before it, in the establishment of rates, 
 orders, charges and other acts required or authorized by these 
 provisions. Const., art. 284. 
 
 MICHIGAN Commission shall have power to adopt and 
 
 publish rules to govern its proceedings and to regulate the mode 
 
 3459 and manner of all investigations and hearings of common carriers 
 and other parties before it, and all hearings shall be open to the 
 public. Fub. Acts igog, no. joo, sec. 2{l). 
 
 Commission shall have power to adopt rules to govern its 
 proceedings, and to regulate the mode and manner of all investi- 
 gations and hearings of telephone companies and other companies 
 
 3460 before it in the establishment of rates, facilities, charges, service 
 and other acts required of it imder this act, which rules shall as 
 near as may be conform to the practice heretofore established 
 under act number 300 of the public acts of 1909. Puh. Acts igii, 
 no. 138, sec. 10. 
 
 MINNESOTA Commission may from time to time make or 
 
 amend general rules or orders requisite for the order and regula- 
 tion of proceedings before it, including forms of notices and serv- 
 
 3461 ice thereof, which shall conform as nearly a,s may be to those in 
 use in the courts, and shall conduct its proceedings in such a man- 
 ner as will best conduce to proper dispatch of business and to the 
 ends of justice. Rev. Laws igo^, sec. igdi. 
 
 MONTANA Commission shall have power to adopt rules to 
 
 govern its proceedings and to regulate the mode and manner of 
 
 926 
 
3462 all investigations and hearings of railroad companies and other 
 parties before it, in the establishment of rates, orders, charges 
 and other acts required of it irnder the law. Rev. Codes igoy, sec. 
 4365- 
 
 NEVADA Commission shall have power to adopt and 
 
 publish rules to govern its proceedings and to regulate the mode 
 and manner of all investigations and hearings of railroads and 
 
 3463 other parties before it, and all hearings shall be open to the 
 public. Stats. 1907, ch. 44, sec. i(/), as amended by Stats. 191 1, 
 ch. 193. 
 
 In addition to the modes of procedure hereinafter prescribed 
 in particular cases and classes of cases, commission shall have 
 power to prescribe rules of procedure, and to do all things neces- 
 sary and convenient in the exercise of the powers by this act con- 
 ferred upon it; provided, that nothing in this act shall be con- 
 
 3464 strued as vesting judicial powers in commission, or as denying to 
 any person, firm, association, corporation, mimicipality, county, 
 town or village the right to test in a court of competent juris- 
 diction the legality or reasonableness of any final order made by 
 commission in the exercise of its duties or powers. Stats. 1911, 
 ch. 162, sec. 4. 
 
 Commission shall have power to adopt reasonable and proper 
 rules and regulations relative to all inspections, tests, audits, and 
 investigations; and to adopt and publish reasonable and proper 
 
 3465 rules to govern its proceedings and to regulate the mode and 
 manner of all investigations and hearings held for the purpose of 
 determining any question affecting public utilities; provided, that 
 all such hearings shall be public. Same, sec. 14. 
 
 NEW HAMPSHIRE Commission shall have power to adopt and 
 publish rules to govern its proceedings, and to regulate the mode 
 and manner of all investigations and hearings before it, and all 
 
 3466 hearings shall be open to the public. In any such investigation 
 or hearing commission shall not be botind by the technical rules 
 of evidence. Laws 191 1, ch. 164, sec. 2{k). 
 
 NEW JERSEY Commission shall have power to make all 
 
 3467 needful rules for its government and other proceedings not in- 
 consistent with this act. Laws 1911, ch. 19 j, sec. 11. 
 
 NEW MEXICO Commission and the supreme coiirt are hereby 
 
 3468 authorized and empowered to make and publish further rules of 
 
 927 
 
order, practice and procedure as commission or supreme court 
 may deem necessary or proper. Laws 1Q12, ch. y8, sec. 15.^ 
 
 NORTH CAROLINA Commission shall prescribe rules of practice 
 and procedure in all matters before it and in all examinations 
 
 3469 necessary to be made imder this chapter. PelVs Revisal igo8, 
 sec. 1068. 
 
 NORTH DAKOTA Commission may from time to time make or 
 amend such general rules or orders as may be requisite for the 
 order and regulation of proceedings before it, including forms of 
 
 3470 notice and the service thereof, which shall conform as nearly as 
 may be to those in use in courts of this state. Rev. Codes 1905, 
 sec. 4362. 
 
 OHIO Commission may adopt and publish rules to 
 
 govern its proceedings, and to regulate the mode and manner of 
 
 3471 investigations and hearings of railroads and other parties before 
 it. All hearings shall be open to the public. Code 1910, 
 sec. 4gy. 
 
 Commission shall have power to adopt and publish rules to 
 
 3472 govern its proceedings and to regulate the mode and manner of 
 all valuations, tests, audits, inspections, investigations and hear- 
 ings which shall be open to the public. Laws 1911, no. 32 j, sec. 7. 
 
 OREGON Commission shall have power to adopt and 
 
 publish rules or orders to govern its proceedings and to amend the 
 same, and to regulate the mode and manner of all investigations 
 
 3473 and hearings of railroads and other parties before it, and all 
 hearings shall be open to the public. Gen. Laws igoy, ch. 55, 
 sec. g.^ 
 
 PENNSYLVANIA Commission may, from time to time, make or 
 amend such general rules or orders as it may determine for the 
 
 3474 orderly regulation of proceedings before it, including forms of 
 notices and the service thereof. Laws igoy, no. 250, sec. 5. 
 
 SOUTH DAKOTA Identical with par. 3470. Rev. Pol. Code 
 3476 igo3, sec. ig2. 
 
 1 Commission shall prescribe its own rules of order and procedure except so far as 
 specified in this constitution. Const., art. xi, sec. 4. 
 
 2 Commission shall have power to adopt and amend reasonable and proper rules and 
 regulations relative to all inspections, tests, audits and investigations, and to adopt and 
 publish reasonable and proper rules to govern its proceedings and to regulate the mode 
 and manner of all investigations and hearings of public utilities and other parties before 
 it, and any person may appear before commission, and be heard, or may appear by attor- 
 ney. All hearings shall be open to the public. Gen. Laws 1911, ch. 279, sec. 34. 
 
 928 
 
TENNESSEE Commission shall have power to make aU 
 
 needed rules for its government and for its proceedings, and to 
 regulate the mode and manner of all investigations and hearings 
 
 3476 of railroad companies and other parties before it, and to adopt 
 and enforce such rules and regulations and modes of procedure as 
 it may deem proper for the hearing and the determination of all 
 complaints made by any railroad company or other parties 
 Acts i8gy,ch. lo, sec. 8{i),as amended by Laws igoj, ch. jgo, sec. 2. 
 
 TEXAS Commission shall have power to ma,ke all 
 
 3477 needful rules for the government of its proceedings. Sayles* 
 Civ. Stats. iSgy, art. 4^6 i{j). 
 
 Commission shall have power to adopt rules to govern its 
 proceedings and to regulate the mode and manner of all investi- 
 gations and hearings of railroad companies and other parties be- 
 
 3478 ~ fore it, in the establishment of rates, orders, charges and other 
 
 acts required of it under the law; provided, that no person de- 
 siring to be present at any such investigation by commission 
 shall be denied admission. Same, art. 456 ^{i). 
 
 VERMONT The forms, pleadings, procedure and rules of 
 
 practice before commission shall be prescribed by commission 
 and printed for general use. Commission shall hear all matters 
 
 3479 and state its rulings when excepted to and its findings of facts, 
 which shall have the force and effect of the reports of special 
 masters in coiurts of equity, whenever the cause is taken by an 
 appeal to supreme court. Pub. Stats. igo6, sec. 45g8. 
 
 VIRGINIA Commission shall prescribe its own rules of 
 
 3480 order and procedure, except so far as the same are specified in 
 this constitution or any amendment thereof. Const., sec. 155. 
 
 WASHINGTON Commission shall have, and it is hereby given, 
 
 power to adopt rules to govern its proceedings, and to regulate 
 the mode and manner of all investigations and hearings; pro- 
 
 3481 vided, no person desiring to be present at such hearing shall be 
 denied permission. Actions may be instituted to review rules and 
 regulations promulgated imder this section as in the case of orders 
 of commission. Laws igii, ch. iiy, sec. 8j. 
 
 See also par. 241 j. 
 
 WISCONSIN Commission shall have power to adopt and 
 
 pubUsh rules to govern its proceedings and to regulate the mode 
 
 3482 and manner of all investigations and hearings of railroads and 
 
 929 
 
other parties before it, and all hearings shall be open to the public. 
 Laws 1905, ch. 262, sec. ijgj-ii}). 
 
 Commission shall have power to adopt reasonable and 
 proper rules and regulations relative to all inspections, tests, 
 audits and investigations and to adopt and publish reasonable 
 3483 and proper rules to govern its proceedings and to regulate the 
 mode and manner of all investigations and hearings of public 
 s utilities and other parties before it. All hearings shall be open 
 to the public. Laws igoy, ch. ^gg, sec. iygym-36. 
 
 B. AUTHORITY OF COMMISSION TO ADMINIS- 
 TER OATHS, SUBPOENA WITNESSES AND 
 ORDER THE PRODUCTION OF BOOKS, REC- 
 ORDS AND MEMORANDA IN PROCEEDINGS 
 BEFORE COMMISSION. 
 
 I. Administration of oaths, issue of subpoenas and production of 
 
 documents. 
 
 UNITED STATES All existing laws relating to the attendance of 
 witnesses and the production of evidence and the compelling of 
 
 3484 testimony under the act to regulate commerce and all acts amend- 
 atory thereof shall apply to any and all proceedings and hearings 
 under this act. Act to Regulate Commerce, sec. g. 
 
 For the purpose of this act commission may require by sub- 
 poena, the attendance and testimony of witnesses and the pro- 
 
 3485 duction of all books, papers, tariffs, contracts, agreements, and 
 documents relating to any matter under investigation. Same, 
 sec. 12. 
 
 Such attendance of witnesses and the production of such 
 doomientary evidence, may be required from any place in the 
 United States, at any designated place of hearing. And in case 
 
 3486 of disobedience to a subpoena commission, or any party to a pro- 
 ceeding before commission, may invoke the aid of any court of 
 the United States in reqmring the attendance and testimony of 
 witnesses and the production of books, papers and doctiments 
 imder the provisions of this section. Same. 
 
 Any of the circuit courts of the United States within the 
 jurisdiction of which such inquiry is carried on may, in case of 
 contumacy or refusal to obey a subpoena issued to any common 
 carrier, or other person, issue an order requiring such common 
 carrier or other person to appear before commission (and produce 
 
 930 
 
books and papers if so ordered) and give evidence touching the 
 
 3487 matter in question; and any failure to obey such order of the 
 court may be punished by such court as a contempt thereof. The 
 claim that any such testimony or evidence may tend to crimi- 
 nate the person giving such evidence shall not excuse such wit- 
 ness from testifying ; but such evidence or testimony shall not be 
 used against such person on the trial of any criminal proceeding. 
 Same. 
 
 3488 Either of the members of commission may administer oaths 
 and affirmations and sign subpoenas. Same, sec. ij. 
 
 Any person who shall neglect or refuse to attend and testify 
 or to answer any lawful inquiry, or to produce books, papers, 
 tariffs, contracts, agreements, and documents, if in his power to 
 do so, in obedience to the subpoena or lawful requirement of com- 
 
 3489 mission, shall be guilty of an offense and upon conviction thereof 
 by a court of competent jurisdiction shall be punished by fine of 
 not less than $ioo nor more than $5,000 or by imprisonment for 
 not more than one year or by both such fine and imprisonment. 
 Immunity of Witnesses Act, i8gj. 
 
 See also pars. 188, 2616. 
 
 ALABAMA Commission may require by order of subpoena, 
 
 to be served on any transportation company in the same manner 
 that a summons is served in a civil action in the circuit court, the 
 production within this state, at such time and place as it may 
 designate, of any books, papers or accoimts kept by such trans- 
 portation company in any office or place without or within the 
 
 3490 state or verified copies in lieu thereof, if commission shall so order, 
 in order that an examination thereof may be made by commis- 
 sion or imder its direction. Any transportation company fail- 
 ing or refusing to comply with any such order or subpoena shall, 
 for each day it shall so fail or refuse, forfeit to the state a simi not 
 less than $100, nor more than $1,000, which may be recovered by 
 the state. Code igoy, sec. 5663. 
 
 Each commissioner, for the purposes mentioned in this chap- 
 ter, and in all hearings before it, may administer oaths, certify to 
 
 3491 official acts, issue subpoenas, compel the attendance of witnesses 
 and the production of papers, way bills, books, accoimts, docu- 
 ments and stationery. Same, sec. 56'/ 2. 
 
 See also pars, igo, 88g, 2^54. 
 
 ARIZONA Commission and each commissioner may issue 
 
 writs or simimons, subpoenas, warrants of attachment, warrants 
 
 931 
 
of commitment and all necessary process in proceedings for con- 
 tempt, in the like manner and to the same extent as courts of 
 record. The process issued by commission or any commissioner 
 
 3492 shall extend to all parts of the state and may be served by any 
 person authorized to serve process of courts of record, or by any 
 person designated for that purpose by commission or a commis- 
 sioner. The person executing any such processes shall receive 
 such compensation as may be allowed by law. Sess. Laws igi2, 
 ch. go, sec. 54. 
 
 Commission and each commissioner may administer oaths, 
 certify to all official acts, and issue subpoenas for the attendance 
 
 3493 of witnesses and the production of papers, way bills, books, ac- 
 counts, documents and testimony in any inquiry, investigation, 
 hearing or proceeding in any part of the state. Same, sec. 
 
 The superior court in and for the county in which any 
 inquiry, investigation, hearing or proceeding may be held by com- 
 mission or any commissioner may compel the attendance of 
 witnesses, the giving of testimony and the production of papers, 
 including way bills, books, accounts and documents, as required 
 by any subpoena issued by commission or any commissioner. 
 Commission or the commissioner before whom the testimony is 
 to be given or produced, in case of the'refusal of any witness to 
 attend or testify or produce any papers required by such sub- 
 poena, may report to the superior court in and for the county, in 
 which the proceeding is pending, by petition, setting forth that 
 due notice has been given of the time and place of attendance of 
 said witness, or the production of said papers, and that the wit- 
 ness has been summoned in the manner prescribed in this act, 
 and that the witness has failed and refused to attend or produce 
 the papers required by the subpoena, before commission or com- 
 missioner, in the cause or proceeding named in the notice and 
 subpoena, or has refused to answer questions propounded to him 
 8494 in the course of such proceeding, and ask an order of said court, 
 compelling the witness to attend and testify or produce said 
 papers before commission. The court, upon the petition of com- 
 mission or such commissioner shall enter an order directing the 
 witness to appear before the court at a time and place to be fixed 
 by the court in such order, the time to be not more than ten days 
 from the date of the order, and then and there show cause why he 
 has not attended and testified or produced said papers before 
 commission. A copy of said order shall be served upon said wit- 
 
 932 
 
ness. If it shall appear to the court that said subpoena was reg- 
 ularly issued by commission or a commissioner, the court shall 
 thereupon enter an order that said witness appear before com- 
 mission or said commissioner at the time and place fixed in said 
 order, and testify or produce the required papers, and upon fail- 
 ure to obey said order, said witness shall be dealt with as for con- 
 tempt of cotirt. The remedy provided in this subsection is cumu- 
 lative, and shall not be construed to impair or interfere with the 
 power of commission or a commissioner to enforce the attend- 
 ance of witnesses and the production of papers, and to punish for 
 contempt in the same manner and to the same extent as courts of 
 record. Same, sec. 55{h). 
 
 Commission may require, by order served on any public serv- 
 ice corporation in the manner provided herein for the service of 
 orders, the production within this state at any such time and place 
 
 3495 as it may designate, of any books, accounts, papers or records 
 kept by said public service corporation in any office or place with- 
 out this state, or at its option, verified copies in lieu thereof, so 
 that an examination thereof may be made by the commission or 
 under its direction. Same, sec. 5p. 
 
 See also pars. j68, 1412, 32^8. 
 
 ARKANSAS Commission, in making any examination or 
 
 investigation provided for in this act, may issue subpoenas for 
 the attendance of witnesses. In case any witness shall fail or re- 
 fuse to obey such subpoena commission may issue an attachment 
 for said witness, directed to any sheriff or any constable in the 
 state, and compel him to attend before commission, and give his 
 testimony upon such matters as shall be lawfully required of him. 
 If a witness being duly summoned shall fail or refuse to attend or 
 to answer any question propounded to him and which he would 
 
 3496 be required to answer if in court, commission may fine and im- 
 prison such witness for contempt, in the same manner that a 
 judge of the circuit court might do under similar circumstances. 
 The claim that any such testimony may tend to criminate the 
 person giving it shall not excuse such witness from testifying, but 
 the person so testifying shall not be prosecuted or subject to any 
 penalty or forfeiture for or on account of any transaction, matter 
 or thing concerning in any way such case or proceeding; provided, 
 that no person shall be exempt from perjury in so testifying. 
 Kirby's Digest 1904, sec. 6825. 
 
 The sheriff or constable executing any process under the pro- 
 
 3497 visions of this bill shall receive such compensation as may be al- 
 
 933 
 
lowed by commission, not to exceed fees as now prescribed by- 
 law. Same. 
 
 See also par. 775. 
 
 CALIFORNIA Substantially identical with pars. 3492, 3493, 
 
 3498 3494, 3495. Stats, igii, ist. ex. sess., ch. 14, sees. 54, 55{a), 
 55ib), 59- 
 
 See also pars. ly^, 415, 32^8, 4517. 
 
 COLORADO Members of commission may each administer 
 
 oaths, and for the purpose of this act commission may require by 
 subpoena the attendance and testimony of witnesses and the pro- 
 
 3499 duction of all books, papers, tariffs, contracts, agreements and 
 docimients relating to any matter under investigation. Laws 
 1910, sp, sess., ch. 5, sec. 12. 
 
 3500 Also a provision identical with par. 3487.^ Same. 
 
 CONNECTICUT Commission, or any member thereof, in the 
 
 performance of its duties or in connection with any hearing, may 
 summon and examine, under oath, such witnesses, and may di- 
 rect the production of, and examine or cause to be produced and 
 examined, such books, records, vouchers, memoranda, documents, 
 letters, contracts or other papers in relation to the affairs of any 
 public service company as it may find proper, and shall have the 
 
 3501 same powers in reference thereto as are now vested in magistrates 
 taking depositions. If any witness objects to testifying or to 
 producing any book, or paper on the ground that such testimony, 
 book, or paper may tend to incriminate him, and commission, or 
 any member thereof, direct such witness to testify or to produce 
 such book or paper, and he complies, or he be compelled so to do 
 by order of court, he shall not be prosecuted for any matter con- 
 cerning which he has so testified. Ptih. Acts. iQii,,ch. 128, sec. g. 
 
 FLORIDA Commissioners, in making any examination for 
 
 the purpose of obtaining information pursuant to this act, shall 
 have power to issue simimons, subpoena, subpoena duces tecum 
 or other writs for the attendance of witnesses by such rules as 
 they may prescribe. In case any person shall refuse or wilfully 
 
 3502 fail to obey such subpoena, subpoena duces tecimi or other writ 
 issued by commissioners, commissioners may issue an attach- 
 ment for such witness and compel him to attend before commis- 
 sioners and give his testimony upon such matters as shall be law- 
 fully required by such commissioners; to bring and produce such 
 
 * " Any of the circuit courts of the United States " reads " any of the district courts of 
 this statev" in Colorado. 
 
 934 
 
books, or papers or documents reqmred of such person and com- 
 missioners may punish for contempt as in cases of refusal to obey 
 the orders and process of the circuit courts of the state. Gen. 
 Stats. igo6y sec. 2gi6. 
 
 In making any investigations or examinations pursuant to 
 this or any other section of this act each commissioner may ad- 
 minister oaths or affirmations, and in such examinations or in- 
 vestigations no person called upon to testify shall be excused 
 from answering on the ground or claim that his testimony would 
 tend to incriminate himself; but such testimony shall not be used 
 
 3503 against him in any criminal proceeding. The secretar^^ of com- 
 mission may serve any subpoena, notice or other process or other 
 paper issued by commission and required by it to be personally 
 served, and sheriffs in the different counties in this state shall 
 
 ' make such service and execute all process or orders when required 
 by commission, said sheriffs to be paid the same fees as are al- 
 lowed them by law for similar services. Same, sec. 2giy. 
 
 GEORGIA Commission, in making any examination for 
 
 the purpose of obtaining information pursuant to this article, 
 may issue subpoenas for the attendance of witnesses by such 
 rules as it may prescribe. In case any person shall wilfully fail 
 or refuse to obey such subpoena, the judge of the superior court 
 
 3504 of any coimty, upon application of commission, shall issue an 
 attachment for such witness, and compel him to attend before 
 commission and give his testimony upon such matters as shall be 
 lawfully required by such commission and court may ptinish for 
 contempt, as in other cases of refusal to obey the process and 
 order of such court. Code igii, sec. 2653. 
 
 See also pars. 26^3, 32Q8. 
 
 ILLINOIS In making any examination as contemplated 
 
 in this act, or for the purpose of obtaining information, pursuant 
 to this act, commissioners may issue subpoenas for the attend- 
 ance of witnesses, and may administer oaths. In case any person 
 shall wilfully fail or refuse to obey such subpoena, it shall be the 
 
 3505 duty of the circuit court of any county, upon application of com- 
 missioners, to issue an attachment for said witness and compel 
 such witness to attend before commissioners, give his testimony 
 upon such matters as shall be lawfully required by such commis- 
 sion; and the court may punish for contempt, as in other cases of 
 refusal to obey the process and order of such court. Revisal igog, 
 ch. 114, sec. 180. 
 
 935 
 
Any person who shall wilfully neglect or refuse to obey the 
 process of subpoena issued by commission and appear and testify 
 as therein required, shall be deemed guilty of a misdemeanor, 
 and shall be liable to an indictment in any court of competent 
 
 3506 jurisdiction, and on conviction thereof shall be punished for 
 each offense by a fine of not less than $25 nor more than $500, or 
 by imprisonment of not more than 30 days, or both, in the dis- 
 cretion of the cotirt before which such conviction shall be had. 
 Same, sec. 181. 
 
 See also par. 421. 
 
 INDIANA The chairman and each of the members of 
 
 commission and the secretary and clerk thereof, for the purposes 
 mentioned in this act, may administer all oaths proper or neces- 
 sary in the course of any hearing or investigation provided for 
 by this act, or in the dispatch of any business concerning the 
 commission or its duties. Subpoenas commanding the attend- 
 
 3507 ance of witnesses and the production of papers, bills of lading or 
 other evidence of shipment, way bills, books, accounts and other 
 documents deemed necessary by commission in any proceeding 
 pending before it may be issued by commission, signed by its sec- 
 retary and served by reading or by copy, and such subpoenas 
 shall be served and the attendance of all such witnesses enforced 
 as provided for in this act. Acts igoj, ch.241, sec. 4{a). 
 
 Commission, in all investigations being held by it and in all 
 proceedings pending before it, may require any carrier, other 
 party, or corporation, to produce before commission, to be used as 
 evidence in -such investigation, or proceedings any book, record, 
 contract, letter, paper or other document in the possession, or 
 under the control, or subject to the order of any such carrier, 
 3608 other party, or corporation, which is necessary, or proper to be 
 considered in evidence in any such proceedings, and in case any 
 such carrier, or other party, or corporation, shall fail, or refuse, to 
 produce the same, such carrier, or other party or corporation, 
 shall forfeit and pay to the state a sum not less than $100 nor 
 more than $500, to be collected as provided in this act. Same, 
 sec. io{aa), as amended by Acts igii, ch. 22 j, sec. 2. 
 
 For the purposes of this act commission may require by sub- 
 poena, the attendance and testimony of witnesses and the pro- 
 duction of all books, papers, tariffs, contracts, agreements, and 
 documents relating to any matter under investigation, or in any 
 proceeding pending before it. Such attendance of witnesses and 
 the production of such documentary evidence may be required 
 
 936 
 
at any designated place of hearing in this state. In case of dis- 
 obedience to a subpoena, commission, or any party to a proceeding 
 before commission may invoke the aid of any circuit court of this 
 state in requiring the attendance and testimony of witnesses and 
 the production of books, papers, and documents under this pro- 
 vision. Any of the circuit courts of this state, within the juris- 
 diction of which any such inquiry or hearing is carried on, may, in 
 
 3609 case of contumacy or refusal to obey a subpoena issued to any 
 such carrier subject to the provisions of this act, or other person, 
 issue an order requiring such carrier, or other person, to appear 
 before commission, and produce books, and papers, if so ordered, 
 and give evidence touching the matter in question; and any fail- 
 ure to obey such order of the court may be punished by such court 
 as a contempt thereof. The claim that any such testimony, or 
 evidence, may tend to criminate the person giving such evidence 
 shall not excuse such witness from testifying, but such evidence, 
 or testimony, shall not be used against such person on the trial of 
 any criminal proceeding, nor shall any such witness so compelled 
 to testify against himself be thereafter prosecuted for any crime 
 concerning which he has been compelled to give testimony. 
 Same, sec. ii, as amended by Acts igii, ch. 225, sec. j. 
 
 In case any witness who is sought to be examined by com- 
 mission at any hearing or investigation conducted by or proceed- 
 ing pending before it, shall refuse to answer any question ad- 
 dressed to such witness by commission pertinent to the matter 
 then being heard or investigated, or shall refuse to produce a book, 
 paper or other document or documents in his possession or power 
 and pertinent to such matter, and required by commission to be 
 produced before it, or shall decline to testify before commission, 
 
 3610 commission may report such fact to any circuit or superior coiirt 
 of the county wherein such hearing, investigation or proceed- 
 ing is being conducted, or to the judge thereof in vacation, and 
 such court or judge shall thereupon order such witness to answer 
 such question or questions and produce such book, paper, or other 
 document or documents before commission, or give testimony in 
 such hearing, investigation or proceeding, and on failure or refusal 
 to obey such order, such witness shall be dealt with by such cir- 
 cuit or superior court or judge thereof in vacation, as for con- 
 tempt. Same. 
 
 IOWA Commission may require the attendance and 
 
 testimony of witnesses, the production of all books, papers, tariffs, 
 schedules, contracts, agreements and documents relating to any 
 
 937 
 
matter under investigation; and may invoke the aid of any cotirt 
 of this state in requiring the attendance and testimony of wit- 
 nesses and the production of books, papers and doomients; and 
 any court within the jurisdiction of which such inquiry is carried 
 on shall, in case of refusal to obey a subpoena or other proper proc- 
 ess issued to any common carrier or person subject to the provi- 
 sions hereof, issue an order requiring such carrier or person to ap- 
 3611 pear before commission and produce books and papers, if so 
 ordered, and testify touching, or in relation to, the matter in 
 question; and a failure to obey such orders of the coiirt shall be 
 punished as for a contempt thereof. The claim that any such 
 testimony or evidence may tend to criminate the person giving it 
 shall not excuse him from testifying, but no person shall be pros- 
 ecuted or subjected to any penalty or forfeiture for and on ac- 
 count of any matter or thing concerning which he may testify, 
 or produce evidence, doomientary or otherwise; provided that 
 no person so testifying shall be excepted from prosecution, and 
 punishment for perjury committed in so testifying. Code iSgy, 
 sec. 2133. 
 
 See also par. 424. 
 
 KANSAS In case any witness shall fail or refuse to obey 
 
 a subpoena, commission or any member thereof may apply to 
 any district court or judge thereof for an order and an attach- 
 ment for said witness, directed to any sheriff of the state, and 
 which said court or judge may issue, and compel him to attend 
 before commission, or any member thereof, and give his testi- 
 mony and answer any question upon such matters as shall be 
 lawfully required of him. If a witness, after being duly sum- 
 moned and ordered by any such court or judge, shall fail or 
 refuse to attend, or to answer any question propounded to him, 
 
 3612 and which he would be required to answer if in a court, such 
 court or judge shall have the power to fine and imprison such 
 witness for contempt. The claim that any such testimony may 
 tend to criminate the person giving it shall not excuse such wit- 
 ness from testifying, but such evidence or testimony shall not 
 be used against such person on the trial or (of) any criminal 
 proceeding, nor shall he be liable to criminal prosecution for or 
 on account of any transaction, matter or thing concerning which 
 he may so testify. The sheriff executing any process under the 
 provisions of this section, or under any other provisions of this 
 act, shall receive such compensation as may be allowed by com- 
 
 938 
 
mission, not to exceed fees now prescribed by law for similar 
 service in civil cases. Gen. Stats, igog, sec. 717 S- 
 See also pars. 425, 2811, 3176, 3725. 
 
 KIENTUCKY Each of the commissioners is authorized to ad- 
 
 3513 minister oaths. Carroll's Stats, igog, sec. 821. 
 See also par. 426. 
 
 LOUISIANA Commission may simimon and compel the 
 
 attendance of witnesses, swear witnesses, and compel the produc- 
 
 3614 tion of books and papers, take testimony under commission and 
 pimish for contempt as fully as is provided by law for the district 
 courts. Const., art. 284. 
 
 ; MAINE See pars, mi, 2634. 
 
 ] MARYLAND If a person subpoenaed to attend before com- 
 
 "■^ mission or commissioner fail to obey the command of such sub- 
 
 '^ poena, without reasonable cause, or if a person in attendance be- 
 
 / fore commission or a commissioner shall, without a reasonable 
 
 ^; 3615 cause, refuse to be sworn or to be examined, or answer a question 
 I or to produce a book or paper when ordered to do so by commis- 
 
 ;^ sion or a commissioner, or to subscribe or swear to his deposition 
 
 |. after it has been correctly produced in writing, he shall be guilty 
 
 ^i of a misdemeanor and may be prosecuted therefor in any court of 
 
 competent criminal jurisdiction. Laws igio, ch. 180, sec. g. 
 
 If a person in attendance before commission or a commis- 
 sioner refuse, without reasonable cause, to be examined, or to 
 answer a legal and pertinent question, or to produce a book or 
 paper when ordered to do so by commission or commissioner, 
 commission or commissioner may apply to any judge of the 
 supreme bench of Baltimore City or of the circuit court for any 
 coimty, upon proof by affidavit of the fact, for a rule or order re- 
 turnable in not less than two nor more than five days, directing 
 such person to show cause before the judge who made the order, 
 3516 or any other judge aforesaid, why he should not be committed to 
 jail; upon the return of such order, the judge before whom the 
 matter shall come on for a hearing shall examine under oath such 
 person, and such person shall be given an opportunity to be heard; 
 and if the judge shall determine that such person has refused, 
 without reasonable cause or legal excuse, to be examined or to 
 answer a legal or pertinent question, or to produce a book or paper 
 which he was ordered to bring or produce, he may forthwith com- 
 mit the offender to jail, there to remain until he submits to do the 
 
 939 
 
act which he was so required to do, or is discharged according to 
 law. Same. 
 
 Commission and such commissioner may administer oaths 
 in all parts of the state to witnesses simimoned to testify in any 
 inqmry, investigation, hearing or proceeding, and may also ad- 
 
 3617 minister oaths in all parts of the state whenever the exercise of 
 such power is incidentally necessary or proper to enable commis- 
 sion or a commissioner to perform a duty or to exercise a power 
 committed to it by this act. Same, sees, /j, 20. 
 
 Commission may, whether as a commission or through its 
 members, subpoena witnesses, take testimony and administer 
 
 3518 oaths to witnesses in any proceeding or examination instituted 
 before it, or conducted by it itl reference to any matter within its 
 jurisdiction under this article. Same, sec. 31^. 
 See also pars. 175, 377, 427, 428, 3298, 3734. 
 
 MASSACHUSETTS In all investigations made by (highway) com- 
 mission and in all proceedings before it, any member thereof may 
 
 3619 summon witnesses in behalf of the commonwealth, and may ad- 
 minister oaths and take testimony. Acts 1906, ch. 433, sec. 13. 
 In all cases investigated and inquiries made by (railroad) 
 commission and in all proceedings before it, any member thereof 
 
 3520 may summon witnesses in behalf of the commonwealth and may 
 administer oaths and take testimony. Acts igo6, ch. 463, pt. i, 
 sec. 19. 
 
 See also par. 2641. 
 
 MICHIGAN Each of the commissioners may administer 
 
 oaths, certify to official acts, issue subpoenas, compel the attend- 
 ance of witnesses and the production of papers, way bills, books, 
 accounts, docimients and testimony. In case of disobedience on 
 the part of any person or persons, or wilful failure to comply with 
 any order of commission or any commissioner or any subpoena, or 
 upon the refusal of any witness to testify regarding any matter 
 upon which he may be lawfully interrogated, or to produce any 
 
 8621 books or papers in his custody or control which he shall have been 
 required by any commissioner to produce, it shall be the duty of 
 the circuit court or any court, or a judge thereof, upon applica- 
 tion of a commissioner, to compel obedience by attachment pro- 
 ceedings for contempt, as in the case of disobedience of the re- 
 quirements of a subpoena issued from such court, or a refusal to 
 testify therein, and in addition said commissioner shall have the 
 powers vested in justices of the peace and notaries public to com- 
 
 940 
 
pel witnesses to testify and to produce books and papers. Pub. 
 Acts igog, no. ^oo, sec. 2j{a). 
 
 Commission may require by order or subpoena, to be served 
 upon any common carrier in the same manner that a subpoena is 
 served in a law action in the circuit court, the production within 
 this state, at such time and place as it may designate, any books, 
 papers or accoiuits relating to any matter which is the subject of 
 complaint or investigation, kept by such railroad in any office or 
 place without the state, or verified copies in lieu thereof, if commis- 
 
 3522 sion shall so order, in order that an examination thereof shall be 
 made by commission or under its direction, and such subpoena 
 may issue to any sheriff in any county of the state. Any common 
 carrier failing or refusing to comply with such order or subpoena 
 within a reasonable time shall for each day it shall so fail or refuse, 
 forfeit and pay into the state treasury a simi of not less than $ioo 
 nor more than $i,ooo to be recovered in an action at law brought 
 in the name of commission. Same sec. 28(d). 
 
 Commission may administer oaths, certify to all official acts 
 
 3523 and compel the attendance of witnesses and the production of 
 papers, books, accounts, doomients and testimony. Pub. Acts 
 igiiy no. ij8, sec. 11. 
 
 See also pars. 80 j, 32gg. 
 
 MINNESOTA Commission in any hearing or investigation 
 
 may require the attendance of witnesses and the production of 
 any books, papers and records. Disobedience of any subpoena 
 
 3524 in such proceeding, or contimiacy of a witness, may upon appli- 
 cation of commission, be punished by any district court in the 
 same manner as if the proceeding were pending in such court. 
 Rev. Laws igoj, sec. ig68. 
 
 Commission may administer oaths, interrogate witnesses, 
 3526 take testimony and require the production of books and papers. 
 Laws igoj, ch. 255, sec. 2. 
 See also par. g4g. 
 
 MISSISSIPPI The several members of commission, and the 
 
 secretary may in discharge of their duties administer oaths and 
 take affidavits, and commission and each member thereof may 
 examine witnesses under oath in all matters coming before them, 
 
 3626 and if any person shall testify falsely, or make any false affidavit 
 or oath before commission, or before any commissioner, or before 
 any officer, to any matter coming before commission, he shall be 
 
 941 
 
guilty of perjury, and upon conviction, shall be punished accord- 
 ing to law. Code igo6, sec. 48JI. 
 
 In any matter or inquiry pending before commission or any 
 member thereof, subpoenas for witnesses, and subpoenas duces 
 tecimi, may be issued by the secretary, under seal or by any mem- 
 ber without the seal, and shall be executed and returned by any 
 sheriff, constable, or marshal, under like penalties of law for failure 
 to execute and return the process of the circuit court ; and if any 
 person duly simimoned to appear and testify before commission, 
 or before any one or more of the commissioners, shall fail or re- 
 3637 fuse to appear and testify or to bring and produce, as commanded 
 any book, paper, or document, without a lawful excuse, or shall 
 refuse to answer any proper question propounded to him by com- 
 mission or any of the commissioners; or if any person shall ob- 
 struct commission or one or more of the commissioners in the dis- 
 charge of duty, or shall conduct himself in a rude, disrespectful, 
 or disorderly manner before commission deliberating in the dis- 
 charge of duty, such witness or person shall be guilty of a misde- 
 meanor, and, upon conviction, shall be fined not less than $50 
 nor more than $1,000. Same, sec. 48 jy. 
 
 See also par. j82. 
 
 MISSOURI Upon complaint being made and filed against 
 
 any railroad company, commissioners shall have power to admin- 
 ister oaths or affirmations, to send for persons and papers, under 
 such regulations as they may prescribe, and shall at any and all 
 
 3628 times have access to any and all books and papers in any railroad 
 office kept for and used in said railroad office by any railroad 
 company in this state, and if the charges are sustained, the cost 
 shall be paid by the railroad company but if not sustained, 
 then the cost shall be paid by the party making the complaint. 
 Rev. Stats. 190Q, sec. 3254. 
 
 Commissioners, in making any examination, may issue sub- 
 poenas for the purpose of obtaining information pursuant to this 
 article for the attendance of witnesses, by such rules as they may 
 prescribe; and in case any person shall wilfully fail or refuse to obey 
 
 3629 such subpoena, it shall be the duty of the circuit court or any judge 
 thereof in any county, upon the application of the commission- 
 ers, to issue an attachment for such witness and compel such wit- 
 ness to attend before commissioners, and give his testimony upon 
 such matters as shall be lawfully required by such commissioners; 
 and said court shall have power to punish for contempt, as in 
 
 942 
 
other cases of refusal to obey the process and order of such court. 
 Same, sec. 3255. 
 
 Any person who shall wilfully neglect or refuse to obey the 
 process of subpoena issued by commissioners, to appear and 
 testify as therein required, shall be deemed guilty of a misde- 
 meanor, and shall be liable to arraignment and trial in any 
 3630 court having competent jurisdiction, and on conviction thereof 
 shall be punished for such offense by a fine of not less than 
 $20 nor more than $500 or by imprisonment not exceeding 30 
 days, or both, at the discretion of the court before which such 
 conviction shall be had. Same, sec. 32^6. 
 
 See also pars. 383, 811, Q62, ^64, g6j. 
 
 MONTANA Commissioners may administer oaths and 
 
 3531 affirmations. Rev. Codes igoy, sec. 4365. 
 
 Process issued by commission shall be under seal and extend 
 to all parts of the state. Commission may issue process in like 
 manner as courts of record. Such process may be served by any 
 person authorized to serve of courts of record, or by any person 
 appointed by commission for such purpose. In the event the 
 process issued by commission is a subpoena for the attendance of a 
 witness, and he shall have failed, neglected or refused to obey the 
 same, commission may file a petition with any district court in the 
 state, setting up the facts and the necessity of having such wit- 
 
 3632 ness appear in such trial, and the court shall thereupon summarily 
 direct that a subpoena be issued out of the court requiring the 
 attendance of any person or persons as a witness before the court; 
 and commission may thereupon examine such witness before said 
 coiirt, imder oath, respecting any inquiry or investigation being 
 made by commission. The court shall likewise when any peti- 
 tion is filed stating the necessity therefor order the production by 
 any person or corporation, for examination in said court, any 
 books, papers, records or files necessary or pertinent to any in- 
 quiry or investigation then being made by commission. Same, 
 sec. 4372. 
 
 Commission in making any examination or investigation pro- 
 
 3633 vided for in this act, may issue subpoenas for the attendance of 
 witnesses, by such rules as they may prescribe. Same, sec. 4381 
 
 See also par. 2g'j. 
 
 NEBRASKA In case any witness shall fail or refuse to obey 
 
 any subpoena issued by commission, or to produce before com- 
 mission such books, papers, documents or records as shall have 
 been enumerated and required in any subpoena, or shall fail or 
 
 943 
 
refuse when before commission to give such testimony lawfully 
 required by them, or fail or refuse to answer such questions as 
 may be propounded by them and which he would be required to 
 answer if in coiirt, he shall be deemed guilty of a misdemeanor 
 
 3534 and upon conviction thereof for each offense shall be fined in any 
 sum not exceeding $5,000. The claim that any such testimony 
 may tend to incriminate the person giving it shall not excuse such 
 witness from testifying, but such evidence or testimony shall not 
 be used against such person on the trial of any criminal proceed- 
 ings. The sheriff or constable executing any process under the 
 provisions of this act shall receive such compensation as is pro- 
 vided by law for performing similar services. Cohhey^s Annot. 
 Stats, igog, sec. io6^o{k). 
 
 See also pars. 432, 828, 3300. 
 
 NEVADA Each commissioner may administer oaths, cer- 
 
 tify to official acts, issue subpoenas, compel attendance of wit- 
 nesses and the production of papers, way bills, books, accounts, 
 documents, and testimony. In case of disobedience on part of 
 any person or persons to comply with any order of commission 
 or any commissioner or any subpoena, or on the refusal of any 
 
 3535 witness to testify to any matter regarding which he may be law- 
 fully interrogated, it shall be the duty of the district court of any 
 county, or a judge thereof, on application of a commissioner, to 
 compel obedience by attachment proceedings for contempt, as in 
 the case of disobedience of requirements of a subpoena issued from 
 such court, or a refusal to testify therein. Stats, igoy, ch. 44, sec. 
 13, as amended by Stats, igog, ch. 121, sec. 6. 
 
 Commission may require by order or subpoena, and to be 
 served on any railroad, in the same manner that summons is served 
 in a civil action in a district court, the production within this state, 
 at such time and place as it may designate, of any books, papers, 
 or accounts relating to any matter which is the subject of complaint 
 or investigation kept by said railroad in any office or place without- 
 the state, or verified copies in lieu thereof, if commission shall so 
 
 3536 order, in order that an examination thereof may be made by com- 
 mission or imder its direction, and such subpoena may issue to any 
 sheriff in any county of the state. Any railroad failing or refus- 
 ing to comply with any such order or subpoena within a reasonable 
 time shall, for each day it shall so fail or refuse, forfeit and pay into 
 the state treasury a sum of not less than $100 nor more than $1 ,000 
 to be recovered in a civil action brought in the name of com- 
 mission. Same, sec. 18(c). 
 
 944 
 
Commission may require, by order to be served on any public 
 utility in the same manner as a stimmons in a civil action, the 
 production at such time and place as commission may designate 
 of any books, accounts, papers or records kept by such public 
 utility in any office or place without the state or verified copies 
 3637 in lieu thereof, if commission shall so direct, in order that an 
 examination thereof niay be made by commission or under its 
 direction, or for use as testimony. If any public utility shall 
 refuse or fail to comply with such order, said utility shall be 
 subject to the liability named in section eight. Stats, igii, ch. 
 162, sec, 15. 
 
 NEW HAMPSHIRE Commission may subpoena witnesses and ad- 
 minister oaths to witnesses in any proceeding or examination 
 instituted before it or conducted by it, and compel by subpoena 
 duces teomi the production of any accounts, books, contracts, 
 records, documents, memoranda and papers of any kind what- 
 ever. In lieu of requiring production of originals by subpoena 
 duces tecum it may require sworn copies of any such books, 
 records, contracts, documents and papers or parts thereof to be 
 filed with it. Commission may also require any railroad cor- 
 poration or public utility to make specific answers to questions 
 upon which commission may need information. Witnesses who 
 refuse or neglect to appear, or who refuse to testify, may be 
 compelled to do so, and for that purpose commission may apply 
 
 S688 to any justice of the superior court, upon proof by affidavit of 
 the facts, for an order returnable in not more than five days, 
 directing any person so refusing to show cause before the justice 
 making the order or any other justice of the superior court why 
 he should not be committed as for contempt; upon the return of 
 such order, the justice before whom the matter shall come for 
 hearing shall examine under oath such person whose testimony 
 may be relevant, and such person shall be given an opportunity 
 to be heard; and if the justice shall determine that such person 
 has refused without reasonable cause or legal excuse to be ex- 
 amined or to answer a legal and pertinent question, or to produce 
 a book or paper which he was ordered to bring, he may forthwith 
 commit the offender as for contempt, so to remain until he 
 submits to do the act which he was so required to do or is dis- 
 charged according to law. Laws igii, ch. 164, sec. 2{T). 
 
 iW JERSEY Commission may compel the attendance of 
 
 witnesses and the production of tariffs, contracts, papers, books, 
 
 945 
 
accounts and all other dociinients, and any member of com- 
 
 3639 mission may administer oaths to all witnesses who may be called 
 before commission or any member thereof. Subpoenas issued by 
 commission shall be signed by one of the members thereof and by 
 the secretary, and may be served by any person of full age. 
 Laws igii, ch. ig^, sec. 27. 
 
 If a person subpoenaed to attend before commission, or a 
 member thereof, fails to obey the command of such subpoena 
 without reasonable cause, or if a person in attendance before 
 commission or a member thereof, refuses, without lawful cause, 
 to be examined or to answer a legal or pertinent question, or to 
 produce a book or paper, when ordered so to do, by commission 
 or any member thereof commission or such member thereof may 
 apply to the supreme court of any justice thereof, who shall have 
 the power of the court for that purpose, upon proof, by affidavit 
 of the facts, for an order returnable in not less than two nor 
 more than ten days, directing such person to show cause before 
 the court, or the justice thereof who made the order, or to any 
 
 3640 other justice, why he should not comply with the subpoena or 
 order of commission; upon the return of such order the court or 
 justice before whom the matter shall come on for hearing, shall 
 examine under oath such person whose testimony may be rele- 
 vant, and such person shall be given an opportunity to be heard, 
 and if the court or justice shall determine that such person re- 
 fused without legal excuse to obey the command of such sub- 
 poena, or to be examined, or to answer a legal or pertinent ques- 
 tion, or to produce a book or a paper which he was ordered to 
 produce, said court or justice may order said person to comply 
 forthwith with the subpoena or order of commission, and any fail- 
 ure to obey such order of the court or justice may be punished 
 by said court or justice as a contempt of said supreme court. Same. 
 
 NEW MEXICO Each commissioner or the clerk may administer 
 
 3641 oaths. Laws ipi2, ch. y8, sec. 4. 
 
 Commission or any examiner authorized by it to take testi- 
 mony, upon application of either party, or of its own or such ex- 
 aminer's motion may issue process under the seal of commission, 
 compel the attendance of witnesses to testify and the production 
 of books, papers, tariffs, files and documents relating to any mat- 
 ter tmder investigation. Subpoenas for the production of any 
 books, tariffs, files and documents shall specify the particular 
 books, papers, tariffs, files or documents relating to the matter 
 in controversy which the witness is required to produce. In case 
 
 946 
 
of disobedience to a subpoena commission or any party to a pro- 
 ceeding before it may invoke the aid of any court in the state in 
 
 3542 compelling the attendance and testimony of such witness, and the 
 production of such books, papers, tariffs, files and docimients any 
 such coiut may, in case of contimiacy or refusal to obey the sub- 
 poena issued by commission or such examiner, issue an order re- 
 quiring the appearance and attendance of such witness and the 
 production of such books, papers, tariffs, files and documents, 
 and any failure or refusal to obey such order may be punished 
 by such court as a contempt thereof. The claim that the giving 
 of any such testimony or evidence might tend to incriminate 
 the witness shall not excuse such evidence, but such testimony 
 or evidence shall not be used in any criminal proceeding against 
 him except for perjury. Same, sec. 6. ^ 
 
 Commission or any commissioner or person authorized by 
 commission in writing, imder its seal to make such examination, 
 
 3543 may at all times inspect the books, papers and records of all such 
 companies and common carriers doing business in this state re- 
 lating to any matter pending before, or being investigated by 
 commission. Same, sec. g. 
 
 Any officer, agent or employe of any such company or cor- 
 poration, or any person in charge of such books, papers and rec- 
 ords, who shall refuse to permit such examination, or who shall 
 conceal, destroy or mutilate, or attempt to conceal, destroy or 
 
 3544 mutilate any such books, papers or records, or remove the same 
 beyond the limits of the state for the purpose of preventing such 
 examination shall be deemed guilty of a misdemeanor and upon 
 conviction thereof may be fined not to exceed $500 or imprisoned 
 in the county jail not more than six months. Same. 
 
 See also par. 2882. 
 
 NEW YORK All subpoenas shall be signed and issued by a 
 
 3646 commissioner or by the secretary of a commission and may be 
 
 served by any person of full age. Laws igio, ch. 480, sec. 19(1). 
 
 3646 Also a provision substantially identical with par. 3515. 
 
 Same, sec. 19(2). 
 
 If a person in attendance before a commission or a commis- 
 sioner refuses without reasonable cause to be examined or to 
 answer a legal and pertinent question or produce a book or 
 paper, when ordered so to do by a commission or a commissioner, 
 commission may apply to any justice of the supreme cotirt upon 
 
 > Commission shall have power to subpoena witnesses and enforce their attendance before 
 the commission, through any district court or the supreme court of the state, and through 
 such court to punish for contempt. Const., art. xi, sec. 7- 
 
 947 
 
proof by affidavit of the facts for an order returnable in not less 
 than two nor more than five days directing such person to show 
 cause before the justice who made the order, or any other justice 
 of the supreme court, why he should not be committed to jail; 
 3647 upon the return of such order the justice before whom the matter 
 shall come on for hearing shall examine under oath such person 
 whose testimony may be relevant, and such person shall be given 
 an opportunity to be heard; and if the justice shall determine 
 that such person has refused without reasonable cause or legal 
 excuse to be examined, or to answer a legal and pertinent ques- 
 tion, or to produce a book or paper which he was ordered to bring, 
 he may forthwith, by warrant, commit the offender to jail, there 
 to remain imtil he submits to do the act which he was so required 
 to do or is discharged according to law. Same. 
 
 3548 Also provisions substantially identical with par. 3517. SamCy 
 sees. 45{i), 94(1). 
 
 Each commission may within its jurisdiction compel, by sub- 
 poena duces teorni, the production of any accotmts, books, con- 
 tracts, records, docimients, memoranda and papers. In lieu of 
 requiring production of originals by subpoena duces tecum com- 
 
 3549 mission or any commissioner may require sworn copies of any 
 such books, records, contracts, documents and papers or parts 
 thereof, to be filed with it. Commission may require of all such 
 corporations, persons or mimicipalities, specific answers to ques- 
 tions upon which commission may need information. Same, 
 sec. 66{io). 
 
 3650 Also a provision substantially identical with par. 3518. 
 
 Same, sec. 66{ii). 
 
 See also pars. 175, 434, 435, 3300, 3761. 
 
 NORTH CAROLINA Commissioners may examine all officers, ageni 
 and employes of such companies, individuals, firms or corpora*] 
 tions, and all other persons under oath or otherwise, and comj 
 
 8661 the production of papers and the attendance of witnesses 
 obtain the information necessary for carrying into effect and other- 
 wise enforcing the provisions of this chapter. PelVs Revisal igoSi 
 sec. 1064. 
 
 Commission may compel the attendance of witnesses, 
 
 3662 quire the examination of persons and parties, and compel th< 
 
 production of books and papers, and punish for contempt, as by 
 
 law conferred upon the superior courts. Same, sec. 1067. 
 
 See also par. 3764, 
 
 948 
 
NORTH DAKOTA Commissioners may require the attendance 
 and testimony of witnesses and the production of books, papers 
 tariffs, schedules, contracts, agreements and documents relating 
 to any matter under investigation-, and to that end may invoke 
 
 3653 the aid of any court of competent jurisdiction in this state in 
 requiring the attendance and testimony of witnesses and the 
 production of books, papers and documents under the provisions 
 of this section. Rev. Codes igoj, sec. 4353. 
 
 Any court of this state within the jurisdiction of which such 
 inquiry is carried on, shall in case of contumacy, or refusal to 
 obey a subpoena, or other process issued to any railroad, rail- 
 road corporation or common carrier or person subject to the 
 provisions of this article, or other persons, issue an order re- 
 quiring such railroad, railroad corporation, common carrier or 
 other person to appear before commissioners (and produce books 
 
 3564 and papers if so ordered), and give evidence touching or in re- 
 lation to the matter in question; and any failure to obey such 
 order of the court shall be punished by such court as a con- 
 tempt thereof; the claim that any such testimony or evidence 
 may tend to criminate the person giving such evidence shall not 
 excuse such person or witness from testifying; but such evidence 
 or testimony shall not be used against such person on the trial of 
 any criminal proceeding. Same, sec. 4354. 
 
 3666 Every commissioner may administer oaths and affirmations 
 
 in any proceeding pending before commission. Same, sec. 4362. 
 
 OHIO Each of the commissioners may administer 
 
 3656 oaths, certify to official acts, issue subpoenas, compel the at- 
 tendance of witnesses, and the production of papers, books, 
 accounts, documents and testimony. Code igio, sec. 530. 
 
 If a person disobeys an order of commission or a commis- 
 sioner, or a subpoena, or if a witness refuses to testify to any 
 matter regarding which he may be lawfully interrogated, on 
 application of a commissioner, the court of common pleas of a 
 county or a judge thereof shall compel obedience by attachment 
 
 3657 proceedings for contempt, as in the case of disobedience of the 
 requirements of a subpoena issued from such court, or a refusal 
 to testify therein. Commission also shall have the powers 
 vested in justices of the peace or notaries public to compel wit- 
 nesses to testify and to produce books and papers. Same, 
 sec. 531. 
 
 By order or subpoena, served on a railroad as a summons is 
 
 949 
 
served in a civil action in the court of common pleas, commission 
 may require at such time and place within this state as it desig- 
 nates the production of books, papers or accounts relating to any 
 
 3558 matter which is the subject of complaint or investigation, kept 
 by such railroad in any office or place outside of this state, or 
 verified copies thereof, in order that an examination of such books, 
 papers or accounts may be made by commission or under its 
 direction. Such subpoena may issue to a sheriff of any county^ 
 of the state. Same, sec. ^jg. 
 
 A railroad failing or refusing to comply within a reasonable 
 time with such order or subpoena from commission shall forfeit 
 
 3559 and pay into the state treasury for each day it so fails or refuses, 
 not less than $ioo nor more than $i,ooo, to be recovered in a 
 civil action in the name of commission. Same, sec. 560. 
 
 Whoever being an officer, agent or employe of a railroad 
 company refuses to answer a question propounded to htm by a 
 member of commission in the course of an examination authorized.; 
 
 3560 by this chapter shall be fined not less than $50 nor more than 
 $500. The property of the railroad company of which he is an 
 officer, agent or employe shall be liable to be taken in execution [ 
 to satisfy the fines and costs in such cases. Same, sec. 6og. 
 
 See also pars. 4jg, 440, 3300. 
 
 OKLAHOMA In all matters pertaining to the public visita-; 
 
 tion, regiilation, or control of corporations, and within the juris-j 
 diction of commission, it shall have the powers and authority oi 
 a court of record, to administer oaths, to compel the attendanc 
 of witnesses, and the production of papers, to punish for con| 
 tempt any person guilty of disrespectful or disorderly conduct ii 
 the presence of commission while in session, and to enforce com| 
 pliance with any of its lawful orders or requirements by ad| 
 
 3561 judging and by enforcing its own appropriate process against th< 
 delinquent or offending party or company (after it shall have 
 been duly cited, proceeded against by due process of law befoi 
 commission sitting as a court, and afforded opportunity to in<j 
 troduce evidence and to be heard, as well as against the validity 
 justness or reasonableness of the order or requirement alleged 
 have been violated, as against the liability of the company fo^ 
 the alleged violation), such fines or other penalties as may 
 prescribed or authorized by this constitution or by law. ConsU\ 
 art. ix, sec. ig. 
 
 See also par. 844. 
 
 950 
 
OREGON Each of the commissioners may administer 
 
 oaths, certify to official acts, issue subpoenas, compel the at- 
 tendance of witnesses, and the production of papers, tariffs, 
 way bills, contracts, books, accounts, documents and testimony. 
 In case of disobedience on the*part of any person or persons to 
 comply with the order of commission or of any commissioner or 
 any subpoena, or in the refusal of any witness to testify to any 
 matter regarding which he may be lawfully interrogated, it 
 shall be the duty of the circuit court of any county, or the judge 
 thereof, on application of a commissioner, to compel obedience 
 
 3562 by attachment proceedings for contempt, as in the case of dis- 
 obedience of the requirements of a subpoena issued from such 
 court or a refusal to testify therein. Any person who shall 
 neglect or refuse to attend and testify or to answer any lawful 
 inquiry, or to produce books, papers, tariffs, way bills, con- 
 tracts, books, accoimts and dociiments, if in his power to do so, 
 in obedience to the subpoena or lawful requirement of commis- 
 sion, shall be guilty of a misdemeanor and upon conviction 
 thereof by a court of competent jurisdiction shall be punished 
 by a fine of not less than $ioo nor more than $i,ooo, or by im- 
 prisonment in the county jail for not more than one year, or by 
 both such fine and imprisonment. Gen. Laws igoy, ch. 53, sec. zg. 
 Commission may require, by order or subpoena, to be served 
 on any railroad (public utility) in the same manner that a sum- 
 mons is served in a civil action in the circuit court, the production 
 within this state, at such time and place as it may designate, of 
 any books, papers, or accoimts kept by said railroad (public 
 utility) in any office or place without the state, or verified 
 ; 3563 copies in lieu thereof, if the commission shall so order, in order 
 that an examination thereof may be made by commission, or 
 under its direction; any railroad (pubHc utiHty) failing or re- 
 fusing to comply with any such order or subpoena shall for each 
 day it shall so fail or refuse, forfeit and pay into the state treasury 
 a sum of not less than $100 nor more than $1,000.^ Gen. Laws 
 igoy, ch. 55, sec. 42. Gen. Laws igii, ch. 2yg, sec. jy. 
 
 Each of the commissioners, and every examiner or agent 
 may administer oaths, certify to official acts, issue notices in the 
 name of commission, issue subpoenas under his hand, compel 
 
 I -we* the attendance of witnesses and the production of books, ac- 
 counts, papers, records, docimients and testimony, and take and 
 
 1 The penalty in the public utility act reads "a sum of not less than $50 nor more than 
 Isoo." 
 
upon complaint or upon commission's own motion. Gen. Laws 
 iQii, ch. 2yg, sec. 47. 
 
 In case of disobedience on the part of any person or persons 
 to comply with any order of commission or any commissioner, 
 examiner or agent or any subpoena, or, on the refusal of any 
 witness to testify to any matter regarding which he may be law- 
 fully interrogated before commission, any commissioner, ex- 
 aminer or agent authorized as provided in section 39, it shall be 
 the duty of the circuit court of any county or the judge thereof, 
 upon application of commission, or any commissioner to compel 
 obedience by attachment proceedings for contempt as in the 
 
 3565 case of disobedience of the requirements of a subpoena issued 
 from such court or a refusal to testify therein. Any person who 
 shall neglect or refuse to attend and testify, or to answer any 
 lawful inquiry, or to produce books, papers, tariffs, way bills, 
 contracts, accounts, and documents, if in his power to do so, in 
 obedience to the subpoena or lawful requirement of commission, 
 shall be guilty of a misdemeanor, and upon conviction thereof by 
 a covirt of competent jurisdiction shall be punished by a fine of 
 not less than $100 nor more than $1,000, or by imprisonment in 
 the county jail for not more than one year, or by both such fine 
 and imprisonment. Same. 
 
 See also par. 4g8. 
 
 PENNSYLVANIA Commission may administer oaths in all mat- 
 
 3566 ters in relation to its duties so far as necessary to enable it to 
 discharge such duties. Laws igoy, no. 2 jo, sec. 7. 
 
 In all proceedings before commission, under a complaint 
 
 3667 duly filed, commission may require, by subpoena, the attendance 
 and the testimony of the witnesses, and the production of all 
 books, papers, tariffs, contracts, agreements and doctmients re- 
 lating to any matter embraced within said complaint. Same, 
 sec. 10. 
 
 In case of disobedience to a subpoena, commission, or any 
 party to a proceeding before commission, may invoke the aid of 
 
 3668 a court of common pleas, within whose jurisdiction the com- 
 plaint is carried on, in requiring the attendance and testimony of 
 witnesses, and the production of books, papers and documents, 
 imder the provisions of this section. Same. 
 
 See also pars. 175; 3772. 
 
 RHODE ISLAND Commission and each of the commissioners 
 may administer oaths, svimmon and examine witnesses and order 
 
 952 
 
i 
 
 the production and examination of books, accounts, papers, 
 records and documents in any proceeding within the jurisdic- 
 tion of commission. All subpoenas, and orders for the pro- 
 duction of books, accounts, papers, records and documents shall 
 be signed and issued by a commissioner and served as sub- 
 poenas in civil cases in the superior court are now served, and 
 witnesses so subpoenaed shall be entitled to the same fees for 
 attendance and travel as now provided for witnesses in civil 
 cases in the superior court. If the person subpoenaed to at- 
 tend before commission or before a commissioner fails to obey 
 the command of such subpoena without reasonable cause, or if 
 a person in attendance before commission or a commissioner 
 shall, without reasonable cause, refuse to be sworn, or to be 
 examined, or to answer a legal and pertinent question, or if 
 any person shall refuse to produce the books, accounts, papers, 
 3569 records and documents material to the issue, set forth in an order 
 duly served on him, commission or commissioner may apply to 
 any justice of the superior court for any county, upon proof by 
 affidavit of the fact, for a rule or order returnable in not less than 
 two nor more than five days, directing such person to show cause 
 before the justice who made the order or any other justice afore- 
 said, why he should not be adjudged in contempt. Upon the 
 return of such order the justice before whom the matter is 
 brought on for a hearing shall examine under oath such person, 
 and such person shall be given an opporttmity to be heard, and 
 if the justice shall determine that such person has refused without 
 reasonable cause or legal excuse to be examined or to answer a 
 legal and pertinent question, or to produce books, accotmts, 
 papers, records and documents, material to the issue, which he 
 was ordered to bring or produce he may forthwith commit the 
 offender to jail, there to remain imtil he submits to do the act 
 which he was so required to do, or is discharged according to 
 law. Acts IQI2, ch. yg^, sec. ij. 
 See also pars. 775, 102^. 
 
 JOUTH CAROLINA Commissioners in making any examination 
 for the purpose of obtaining information may issue subpoenas for 
 the attendance of witnesses by such rules as they may prescribe. 
 In case any person shall wilfully fail or refuse to obey such sub- 
 poena, it shall be the duty of any circuit judge of the court of 
 ro common pleas and general sessions of any county, upon appli- 
 cation of commissioners, to issue an attachment for such witness 
 and compel him to attend before commissioners and give his 
 
 953 
 
testimony upon such matters as shall be lawfully required by 
 commissioners; and said circuit judge shall have power to punish 
 for contempt as in other cases of refusal to obey the process or 
 order of the court. Gen. Stats. igo2, sec. 2077. 
 See also par. 848. 
 
 SOUTH DAKOTA Commission and each of its members may issue 
 subpoenas and require the attendance and testimony of witnesses 
 and the production of all books, papers, tariffs, schedules, con- 
 tracts, agreements and documents relating to any matter under 
 investigation, and to that end may invoke the aid of any court 
 of this state in requiring the attendance and testimony of wit- 
 nesses and the production of books, papers and documents under 
 the provisions of this section. Such attendance of witnesses 
 and the production of such doctiments, books, and papers may 
 be required from any place in the state at any designated place 
 
 3571 of hearing. And any court of this state within the jurisdiction 
 of which such inquiry is carried on shall, in case of contumacy or 
 refusal to obey a subpoena or either process issued by commission 
 or any member thereof to any common carrier or person subject 
 to the provisions of this article, or other person, issue an order re- 
 quiring such common carrier or other person to appear before 
 commission and produce all books, and papers, if so ordered, and 
 give evidence touching or in relation to the matter in question; 
 and any failure to obey such order of the court shall be punished^ 
 by such court as a contempt thereof. Sess. Laws igii, ch. 2oy, sec\ 
 
 15- 
 
 Commission or any member thereof may subpoena witnt 
 administer oaths, take testimony and require the production anc 
 3672 examination of all books, papers, contracts and agreements 
 any telephone company or other person relating in any manne 
 to the business or property of any telephone company. Ses^ 
 Laws iQiiy ch. 218, sec. 7. 
 
 See also pars. 2jo, 401, 447. 
 
 TENNESSEE Commission may examine imder oath, any pc 
 
 son, or the directors, officers, agents and employes of any railro£ 
 corporation concerning the management of its affairs and obtai 
 information pursuant to this law; and may issue subpoenas for 
 attendance of witnesses, compel the production of books anc 
 papers, and administer oaths, and any person who shall negk 
 
 8673 or refuse to obey the process of subpoenas issued by coi 
 sioners, or who, being in attendance, shall refuse to testify, 
 
 954 
 
be deemed guilty of a misdemeanor, and upon conviction thereof, 
 shall be pimished for each offense by a fine of not less than $50 
 nor more than $100 or by imprisonment not less than 10 days 
 nor more than 50 days, or both, in the discretion of the jury 
 trying the case. Each refusal to obey the subpoenas or to testify 
 shall constitute a separate offense. Acts iSgy, ch. 10, sec. g. 
 
 Commission in making any examination or investigation 
 
 3574 provided for in this act, may issue subpoenas for the attendance 
 
 of witnesses by such rules as they may prescribe. Same, sec. 10. 
 
 In case any witness shall fail or refuse to obey such sub- 
 poena, commission may issue an attachment for said witness, 
 directed to any sheriff or constable of the state, and compel him 
 to attend before commission and give his testimony upon such 
 matters as shall be lawfully required by them. If a witness, 
 after being duly simimoned, shall fail or refuse to attend, or to 
 answer any question propounded to him, and which he would be 
 required to answer if in court, commission shall have power to 
 fine and imprison such witness for contempt in the same manner 
 that the judge of any court of competent jurisdiction might do 
 under similar circumstances. Same. 
 
 The sheriff or constable executing any process issued under 
 the provisions of this section, or under any other provisions of 
 176 this bill, shall receive such compensation as may be allowed by 
 commission, not to exceed fees as now prescribed by law for simi- 
 lar services. Same. 
 
 TEXAS The chairman and each commissioner may 
 
 administer all oaths, certify to all official acts, and compel the 
 
 3577 attendance of witnesses and the production of papers, way bills, 
 books, accounts, documents and testimony, and punish for con- 
 tempt as fully as is provided by law for the district or county 
 court. Sayles^ Civ. Slats. iSgy, art. 4^63(2). 
 
 Commission, in making any examination or investigation, 
 may issue subpoenas for the attendance of witnesses by such 
 rules as it may prescribe. In case any witness shall fail or refuse 
 to obey such subpoena, commission may issue an attachment for 
 said witness, directed to any sheriff or any constable of the 
 state, and compel him to attend before commission and give his 
 testimony upon such matters as shall be lawfully required by it. 
 If a witness, after being duly summoned, shall fail or refuse to 
 attend or to answer any question propounded to him, and which 
 he would be required to answer if in court, commission may fine 
 and imprison such witness for contempt, in the same manner 
 
 955 
 
m 
 
 3578 that a judge of the district court might do under similar cir- 
 cumstances. The claim that any such testimony may tend to 
 criminate the person giving it shall not excuse such witness from 
 testifying, but such evidence or testimony shall not be used 
 against such person on the trial of any criminal proceeding; pro- 
 vided, commission may in all cases in its discretion issue proper 
 process and take depositions instead of compelling personal 
 attendance of witnesses. The sheriff or constable executing 
 any process issued under the provisions of this article, or under 
 any other provisions of this chapter, shall receive such compen- 
 sation as may be allowed by commission, not to exceed fees as 
 now prescribed by law for similar services. Same, art. 4572. 
 
 See also par. 82Q. 
 
 VERMONT Commission may, so far as is necessary for the 
 
 performance of its duties, examine the books, accounts and 
 papers of any person or corporation operating a railroad within 
 this state, subpoena witnesses, administer oaths to them, examine 
 them on all matters of which commission has jurisdiction, and 
 compel, by proceedings for contempt, such witnesses to attend 
 the sessions of commission and to answer any proper questions, 
 
 3579 to produce and exhibit to commission the books, accounts or 
 papers of any person or corporation operating a railroad within 
 this state, or of any other person, when their examination is 
 pertinent to the matters under consideration. Witnesses duly 
 subpoenaed who refuse or neglect to appear, or who refuse to 
 testify, shall be subject to the provisions and penalties of the 
 statute applicable to witnesses who neglect or refuse to obey 
 subpoenas to appear and testify before courts at law and in 
 equity. Pub. Stats. igo6, sec. 460J. 
 
 Commission may subpoena witnesses, administer oaths to 
 them and examine them on all matters of which commission has 
 jurisdiction, and compel, by proceedings for contempt, such 
 witnesses to attend the sessions of commission, and to answer 
 any proper questions, to produce and exhibit to commission the 
 books, accounts or papers of any company, receiver, trustee or 
 lessee, owning or operating any plant or line so subject to super- 
 vision, which in any way relate to or contain entries, data or 
 
 3580 memoranda, concerning any transaction within this state or with 
 any person residing or having a place of business within this 
 state or of any other person when their examination is pertinent 
 to the matters under consideration. Witnesses duly subpoenaed 
 who refuse or neglect to appear or who refuse to testify, shall be 
 
 956 
 
subject to the provisions and penalties of the statutes applicable 
 to witnesses who neglect or refuse to obey subpoenas to appear 
 and testify before courts at law and in equity. Laws iqo8, no. 
 ii6, sec. J. 
 
 See also pars. 17 51, 3702. 
 
 VIRGINIA In all matters pertaining to the public visi- 
 
 tation, regulation or control of corporations, and within the 
 jurisdiction of commission, it shall have the powers and authority 
 of a court of record, to administer oaths, to compel the attend- 
 ance of witnesses and the production of papers, to punish for 
 contempt any person guilty of disrespectful or disorderly con- 
 duct in the presence of commission while in session, and to en- 
 force compliance with any of its lawful orders or requirements by 
 
 3581 adjudging, and enforcing by its own appropriate process, against 
 the delinquent or offending company (after it shall have been 
 first duly cited, proceeded against by due process of law before 
 commission sitting as a court, and afforded opportunity to in- 
 troduce evidence and to be heard, as well against the validity, 
 justness or reasonableness of the order or requirement alleged to 
 have been violated, as against the liability of the company for 
 the alleged violation), such fines or other penalties as may be 
 prescribed or authorized by this constitution or by law. Const., 
 sec. i56{c). 
 
 See also par. 88 j. 
 
 WASHINGTON Each commissioner may administer oaths, 
 
 certify to all official acts, and issue subpoenas for the attendance 
 
 3582 of witnesses and the production of papers, way bills, books, 
 accoimts, documents and testimony in any inquiry, investiga- 
 tion, hearing or proceeding in any part of the state. Laws 191 1, 
 ch. 117, sec. 75. 
 
 The superior court of the coimty in which any such inquiry, 
 investigation, hearing or proceeding may be had, may compel the 
 attendance of witnesses, and the production of papers, way bills, 
 books, accounts, documents and testimony as required by such 
 subpoena. Commission or the commissioner before which the 
 testimony is to be given or produced, in case of the refusal of any 
 witness to attend or testify or produce any papers required by 
 the subpoena, shall report to the superior court in and for the 
 coimty in which the proceeding is pending by petition, setting 
 forth that due notice has been given of the time and place of 
 attendance of said witnesses, or the production of said papers, 
 
 957 
 
and that the witness has been summoned in the manner pre- 
 scribed in this act, and that the fees and mileage of the witnei 
 have been paid or tendered to the witness for his attendance an 
 testimony, and that the witness has failed and refused to a 
 tend or produce the papers required by the subpoena, before 
 3583 commission, in the cause or proceedings named in the notice and 
 subpoena, or has refused to answer questions propounded to him 
 in the course of such proceeding, and ask an order of said court, 
 compelling the witness to attend and testify before commission. 
 The court, upon the petition of commission, shall enter an order 
 directing the witness to appear before said court at a time and 
 place to be fixed by the coiut in such order, and then and there 
 show cause why he has not responded to said subpoena. A copy 
 of said order shall be served upon said witness. If it shall appear 
 to the court that said subpoena was regularly issued by commis- 
 sion, the court shall thereupon enter an order that said witness 
 appear before commission at said time and place as fixed in said 
 order, and testify or produce the required papers, and upon 
 failing to obey said order, said witness shall be dealt with as for 
 contempt of court. In all proceedings before commission, com- 
 mission may, in their discretion, limit the number of witnesses 
 testif3ang upon any subject or proceeding to be inquired of be- 
 fore commission. Same. 
 
 The commissioner shall have power to compel the attend- 
 
 3684 ance of witnesses at any place within the state. Same, sec. yd. 
 
 Process issued under the provisions of this act shall be served 
 
 3685 as in civil cases. Same. 
 
 In case any public service company shall refuse to exhibit 
 at its principal office in the United States any book, record or 
 document to commission or to any member thereof, or to any 
 agent or employe thereof properly authorized, or to furnish a 
 
 3686 sworn copy of such book, record or document on demand, com- 
 mission may require from any such company the production 
 within the state, at such time and place as it may designate, of 
 any books, records or documents kept by such company without 
 the state. Same, sec. yg. 
 
 Commission may require from any public service company 
 the production of any books, records, or documents kept by such 
 company in any office or place without the state. Such demand 
 8687 shall be served upon the public service company in the manner 
 provided for the service of orders herein. Such public service 
 company may appear before commission and show cause, if any 
 
 9S8 
 
 i 
 
there be, why such order should not be complied with and such 
 order shall be made after such hearing as commission may deem 
 proper. Same. 
 
 See also pars. 2^4, 26jg, 2774, syS"/. 
 
 WISCONSIN Each of the commissioners may administer 
 
 oaths, certify to official acts, issue subpoenas, compel the attend- 
 ance of witnesses, and the production of papers, way bills, books, 
 accotmts, documents and testimony. In case of disobedience on 
 the part of any person or persons to comply with any order of 
 commission or any commissioner or any subpoena, or on the re- 
 
 8588 fusal of any witness to testify to any matter regarding which he 
 may be lawfully interrogated, it shall be the duty of the circuit 
 court of any coimty, or the judge thereof, on application of a 
 commissioner, to compel obedience by attacliment proceedings 
 for contempt, as in the case of disobedience of the requirements 
 of a subpoena issued from such court, or a refusal to testify 
 therein. Laws 1905, ch. J62, sec. lyg^-ij. 
 
 ■ Also provisions identical with par. 3563 (including footnote 
 
 8589 thereto). Laws 1905, ch. J62, sec. i'/9'/-i8{c). Laws 190'j, ch. 
 499, sees. iy9ym-39{i), i79'/m-39{2). 
 
 Each of the commissioners and every agent provided for in 
 section i797m-4i of this act may administer oaths, certify to 
 
 8690 official acts, issue subpoenas, compel the attendance of witnesses 
 and the production of books, accounts, papers, records, docu- 
 ments and testimony. Laws 1907, ch. 499, sec. lygym-jj^i). 
 
 In case of disobedience on the part of any person or persons 
 to comply with any order of commission or any commissioner 
 or any subpoena or, on the refusal of any witness to testify to any 
 matter regarding which he may be lawfully interrogated before 
 
 8591 commission or its agent authorized as provided in section 1797m- 
 41, it shall be the duty of the circuit court of any county or the 
 judge thereof, on application of a commissioner to compel 
 obedience by attachment proceedings for contempt as in the case 
 of disobedience of the requirements of a subpoena issued from 
 such court or a refusal to testify therein. Same, sec. i797m~jj{2) . 
 See also pars. 3140, 3301, 3302. 
 
 2. Compensation of Witnesses. 
 UNITED STATES Witnesses summoned before commission shall 
 be paid same fees and mileage that are paid witnesses in 
 ^«692 courts of the United States. Act to Regulate Commerce, 
 
 sec. 18. 
 
 959 
 
Witnesses whose depositions are taken pursuant to this act, 
 3693 and the magistrate or other officer taking the same, shall sever- 
 ally be entitled to the same fees as are paid for like services in the 
 courts of the United States. Same, sec. 12. 
 
 ALABAMA Each witness who shall appear before com- 
 
 mission by its order shall receive for his attendance the fees 
 and mileage provided for witnesses in civil cases in courts of 
 record, which shall be audited and paid by the state in the same 
 manner as other expenses are audited and paid, upon the pres- 
 entation of proper vouchers, sworn to by such witness and ap- 
 
 3594 proved by the president of the commission, provided that no 
 witness subpoenaed at the instance of parties other than com- 
 missioners shall be entitled to compensation f^om the state for 
 attendance or travel, unless commission shall certify that his 
 testimony was material to the matter investigated, and witnesses 
 summoned on behalf of the transportation company shall be 
 paid by the same company. Code 1907, sec. jdyj. 
 
 ARIZONA Each witness who shall appear by order of 
 
 commission or a commissioner shall receive for his attendance 
 the same fees allowed by law to a witness in civil cases, which 
 amount shall be paid by the party at whose request such witness 
 is subpoenaed. When any witness who has not been required to 
 attend at the request of any party shall be subpoenaed by com- 
 mission, his fees shall be paid from the fund appropriated for the 
 use of commission in the same manner as other expenses of com- 
 mission are paid. Any witnesss subpoenaed except one whose 
 fees may be paid from the funds of commission, may, at the 
 
 3696 time of service, demand the fee to which he is ^entitled for travel 
 to and from the place at which he is required to appear, and one 
 day's attendance. If such witness demands such fees at the, 
 time of service, and they are not at that time paid or tendered, he ; 
 shall not be required to attend before commission or commis-- 
 sioner, as directed in the subpoena. All fees to which any wit- 
 ness is entitled under the provisions of this section may be col- 
 lected by action therefor instituted by the person to whom such^ 
 fees are payable. No witness furnished with free transportation 
 shall receive mileage for the distance he may have traveled on 
 such free transportation. Sess. Laws 1912, ch. go, sec. 55{a). 
 
 ARKANSAS Every witness who shall appear by order of 
 
 commission at a place outside of the county of his residence shall 
 
 960 
 
receive for his attendance $1.50 per day, and five cents per mile, 
 traveled by the nearest practicable route, in going to and re- 
 turning from the place of meeting of commission, but witnesses 
 who reside within the county in which commission meets shall 
 receive $1.50 per day for each day's attendance, but no mileage, 
 which shall be paid upon the warrant of the auditor, upon the 
 presentation of the proper vouchers, sworn to by such witness 
 3696 and approved by the chairman of commission; provided, that no 
 witness shall be entitled to any witness fees or mileage who is 
 directly or indirectly interested in any railroad in this state, or 
 out of it, or who is in anywise interested in any stock, bond, 
 mortgage, security or earnings of any such road, or who shall be 
 the agent or employe of such road, or any officer thereof, when 
 simimoned at the instance of such railroad, and no witness fur- 
 nished with free transportation shall receive pay for the distance 
 he may have traveled on such free transportation. Kirhy^s 
 Digest 1904, sec. 6825. 
 
 CALIFORNIA Identical with par. 3595, except that "fees" 
 
 3597 reads ''fees and mileage." Stats, igii, ist. ex. sess., ch. 14, sec. 
 
 COLORADO Witnesses summoned before commission shall 
 
 3698 be paid same fees and mileage that are paid witnesses in the dis- 
 trict courts of this state. Laws 19 10, sp. sess., ch. 5, sec. 18. 
 
 CONNECTICUT The fees of witnesses summoned by com- 
 
 mission, or by any member thereof, to appear before it or him, 
 under the provisions of this section, and the fees for summoning 
 witnesses, shall be the same as in the superior court. All such 
 
 8699 fees, together with any other expenses authorized by this act the 
 method of payment of which is not herein otherwise provided, 
 shall, when taxed by commission, be paid by the state through 
 secretary of commission in the same manner as court expenses. 
 Pub. Acts 1911, ch. 128, sec. g. 
 
 FLORIDA Witnesses shall receive for attendance same 
 
 fees and mileage as now allowed witnesses by law in the circuit 
 court, to be ordered paid by the governor upon presentation of 
 
 3600 subpoena, accompanied by affidavit of the witness as to the num- 
 ber of days served and miles traveled, made before the clerk of 
 commission, who is hereby authorized to administer oaths, Gm, 
 Stats. igo6, sec. 2gi6. 
 
 961 
 
GEORGIA Witnesses shall receive for attendance $2 per 
 
 day, and five cents per mile, traveled by the nearest practicable 
 route in going to and returning from the place of meeting of 
 
 3601 commission, to be ordered paid by the governor upon presenta- 
 tion of subpoenas, sworn to by the witnesses, as to number of days 
 served and miles traveled, before the clerk of said commission, 
 who is hereby authorized to administer oaths. Code igii, sec. 
 2653. 
 
 KANSAS ' Each witness who shall appear before com- 
 
 mission, or any member thereof, in answer to a subpoena shall 
 receive for his attendance one dollar and a half per day and 
 five cents per mile, traveled by the nearest practicable route in 
 going to and rettiming from the place where the witness is 
 
 3602 directed to appear, which shall be ordered paid by the auditor 
 of state, when the state is liable therefor, who shall draw and 
 deliver his warrant upon the state treasurer to such witness for 
 such amount, upon the presentation of proper vouchers, sworn 
 to by such witness and approved by the chairman of commis- 
 sion. Gen. Stats, igog, sec. 7175. 
 
 MAINE See par. 2634. 
 
 MARYLAND The fees of witnesses required to attend before 
 
 commission or a commissioner shall, where hearing is in Baltimore 
 City, be the same as allowed by the courts of Baltimore City for 
 the attendance of witnesses in cases before them, and where the 
 hearing is in any of the counties, shall be the same as allowed by 
 
 3603 the circuit court of the coimty in which hearing takes place, for 
 attendance of witnesses before it, and the disbursements made in 
 the pa5anent of such fees shall be duly audited in accordance 
 with a due and satisfactory method of auditing and bookkeeping, 
 and shall be included in and paid in the same manner as is pro- 
 vided for the payment of other expenses of commission. Laws 
 jgio, ch. 180, sec. g. 
 
 MASSACHUSETTS The fees of witnesses for attendance and travel 
 shall be the same as for witnesses before the superior court, and 
 
 8604 shall be paid by the commonwealth. Acts igo6, ch. 433, sec. 13; 
 ch. 463, pt. i, sec. ig. 
 See also par. 2637. 
 
 MICHIGAN Each witness who shall appear before com- 
 
 mission by its order shall receive for his attendance the fees and 
 jnileage now provided for witnesses in civil cases in circuit court; 
 
 962 
 
8605 provided, that no witnesses subpoenaed at the instance of parties 
 other than commission shall be entitled to compensation from 
 the state for attendance and travel, imless commission shall 
 certify that his testimony was material and necessary to the mat- 
 ter iavestigated. Puh. Acts igog, no. 300, sec. 2j{b). 
 
 MINNESOTA Witnesses shall receive the same fees and mile- 
 
 3606 age as in civil actions. Rev. Laws 1905, sec. 1968. 
 
 MISSISSIPPI Where witnesses are simimoned to appear be- 
 
 fore commission, they shall be entitled to the same per diem and 
 mileage as witnesses attending the circuit court; and witnesses 
 
 3607 simimoned by commission on its behalf shall be paid as other ex- 
 penditures of commission, upon certificate of commission showing 
 the amoimt to which such witnesses may be entitled, and wit- 
 nesses summoned for any railroad, or other carrier, shall be paid 
 by it. Laws 1908, ch. 85, sec. i. 
 
 MISSOURI See par. 963. 
 
 MONTANA Each witness shall receive the simi of $3 per 
 
 day, together with the simi of five cents per mile traveled by the 
 nearest practicable route in going to and returning from the place 
 
 3608 of meeting of commission. And no witness furnished with free 
 transportation shall receive mileage for the distance he may have 
 traveled on such free transportation. Rev. Codes 1907, sec. 
 4381. 
 
 NEBRASKA Witness fees shall be paid as provided by law 
 
 in attendance at any district cotirt in this state. Cobbey^s 
 
 3609 Annot. Stats. 1909, sec. io6jo{k). 
 
 NEVADA Each witness who shall appear before com- 
 
 mission by its order shall receive for his attendance the fees and 
 mileage now provided for witnesses in civil cases in courts of 
 record, which shall be audited and paid by the state in the same 
 manner as other expenses are audited and paid, upon the presen- 
 
 3610 tation of proper vouchers, sworn to by such witnesses and ap- 
 proved by the chairman of commission; provided, that no wit- 
 ness subpoenaed at the instance of parties other than commission 
 shaU be entitled to compensation from state for attendance or 
 travel unless commission shall certify that his testimony was 
 material to the matter investigated. Stats. 1907, ch. 44, sec. 
 ij(a), as amended, by Stats. 1909, ch. 121, sec. 6. 
 
 963 
 
NEW HAMPSHIRE Witnesses summoned before commission shall 
 be paid the same fees as witnesses stimmoned to appear before 
 
 3611 the superior court and such simimons issued by any justice of 
 the peace shall have the same effect as though issued for ap- 
 pearance before the superior court. Laws igii, ch. 164, sec. 2{l). 
 
 NEW JERSEY The fees of witnesses required to attend before 
 
 commission shall be $1 for each day's attendance and three cents 
 for every mile of travel, by the nearest generally traveled route, 
 in going to and from the place where the attendance of the wit- 
 ness is required, such fees to be paid when the witness is excused 
 from further attendance, and the disbursements made in pay-. 
 
 3612 ment of such fees shall be audited and paid in the same manner 
 provided for the payment of expenses of commission; provided, 
 however, that no witness subpoenaed at the instance of parties 
 other than commission shall be entitled to compensation from 
 the state for attendance or travel, unless commission shall certify 
 that his testimony was material to the matter investigated. 
 Laws 1911, ch. ig5, sec. 27. 
 
 NEW MEXICO Witness fees and mileage of witnesses appear- 
 
 ing before commission or an examiner shall be paid at the same 
 rates as provided by law for witnesses before the district court 
 and shall be paid by the party at whose instance they are sum- 
 
 3613 moned. When any party requests commission to summon a 
 witness he shall, before subpoena issue, deposit with the clerk a 
 sufficient sum of money to pay the fees and mileage of such wit- 
 ness. Witnesses summoned by commission of its own motion 
 shall be paid out of the contingent expense fund of commission. 
 Laws 19 12, ch. 75, sec. 7. 
 
 NEW YORK The fees of witnesses required to attend before 
 
 a commission, or a commissioner, shall be $2 for each day's at- 
 tendance, and five cents for every mile of travel by the nearest 
 generally traveled route is going to and from the place where at- 
 tendance of the witness is required, such fees to be paid when the 
 witness is excused from further attendance; and the disburse- 
 ments made in the payment of such fees shall be audited and paid 
 
 3614 in the first district in the same manner provided for the payment 
 of expenses of commission. Whenever a subpoena is issued at 
 the instance of a complainant, respondent, or other party to any 
 proceeding before commission, the cost of service thereof and the 
 fee of the witness shall be borne by the party at whose instance 
 
 964 
 
the witness is siimmoned. A subpoena issued as aforesaid shall 
 be served in the same manner as a subpoena issued out of a court 
 of record. Laws igio, ch. 480, sec. ig{i). 
 
 NORTH DAKOTA Witnesses summoned before commission shall 
 3616 be paid the same fees and mileage as are paid witnesses in the 
 district court. Rev. Codes 1905, sec. 4379. 
 
 OHIO. A provision identical with par. 3610. Code 
 
 3616 1910, sec. 532. 
 
 OREGON Each witness who shall appear before com- 
 
 mission by its order shall receive for his attendance the fees and 
 mileage now provided for witnesses in civil cases in courts of 
 record; provided, that no witness subpoenaed at the instance of 
 •parties other than commission shall be entitled to compensation 
 from state for attendance or travel unless commission shall certify 
 
 3617 that his testimony was material to the matter investigated; and 
 provided, that no witness shall be entitled to any witness fee or 
 mileage who is an officer, agent, or employe of any railroad, when 
 siunmoned at the instance of such railroad; and no witness fur- 
 nished with free transportation shall receive pay for the distance 
 he may have traveled upon such free transportation. Gen. 
 Laws 1907, ch. 5j, sec. 29. 
 
 Each witness who shall appear before commission or its 
 agent by its order, shall receive for his attendance the fees and 
 mileage now provided for witnesses in civil cases in courts of 
 
 8618 record, which shall be audited and paid by the state in the 
 same manner as other expenses are audited and paid, upon the 
 presentation of proper vouchers sworn to by such witnesses and 
 approved by commission; provided, no witnesses shall be en- 
 titled to receive double mileage fees. Gen. Laws 191 1, ch. 279. 
 
 No witness subpoenaed at the instance of parties other than 
 commission shall be entitled to compensation from the state for 
 
 8619 attendance or travel unless commission shall certify that his 
 testimony was material to the matter investigated. Same. 
 
 See also par. 498, 
 
 PENNSYLVANIA Fees of witnesses before commission shall be 
 $2 for each day's attendance, and five cents for every mile of 
 
 8620 travel, by the nearest generally traveled route, in going to and 
 returning from the place where the attendance of the witness is 
 required. Laws 1907, no. 2^0^ sec. 20. 
 
 965 
 
SOUTH CAROLINA Witnesses shall receive from the state treas- 
 ury for attendance $i per day and five cents per mile traveled by 
 the nearest practical route in going to and rettuning from the 
 
 3621 place of meeting of commission to be ordered paid by the comp- 
 troller general upon presentation of subpoenas sworn to by the 
 witnesses as to the number of days served and miles traveled, 
 before the clerk of commission who is hereby authorized to ad- 
 minister oaths. Gen. Stats. igo2, sec. 2077. 
 
 TENNESSEE Each witness who shall appear before commis- 
 
 sion by order of commission, shall receive for his attendance the 
 compensation now provided by law, which shall be paid by the 
 state treasurer on warrant of the comptroller, upon the presenta- 
 tion of proper voucher sworn to by such witness, and approved by 
 the chairman of commission. Provided, that no witness shall 
 
 3622 be entitled to any witness fees or mileage who is directly or in- 
 directly interested in any railroad in this state or out of it, or who 
 is in any way interested in any stock, bond, mortgage, security 
 or earnings of any such road, or who shall be the agent or em- 
 ploye of such road, or an officer thereof when summoned at the 
 instance of such railroad; and no witness furnished with free 
 transportation shall receive pay for the distance he may have trav- 
 eled on such free transportation. Acts i8gy, ch. 10, sec. 10. 
 
 TEXAS Each witness who shall appear before commis- 
 
 sion by order of commission, at a place outside of the county of 
 his residence, shall receive for his attendance $1 per day and three 
 cents per mile traveled by the nearest practicable route, in going 
 to and returning from the place of meeting of commission, which 
 shall be ordered paid by the comptroller of public accounts upon 
 the presentation of proper vouchers, sworn to by such witness 
 and approved by the chairman of commission; provided, that no 
 
 3623 witness shall be entitled to any witness fees or mileage who is 
 indirectly interested in any railroad in this state or out of it, or 
 who is in any wise interested in any stock, bond, mortgage, se- 
 curity, or earnings of any such road, or who shall be the agent or 
 employe of such road, or an officer thereof, when summoned at the 
 instance of such railroad; and no witness furnished with free 
 transportation shall receive pay for the distance he may have trav- 
 eled on such free transportation. Sayles* Civ. Stats. i8gy, art. 
 4572' 
 
 VERMONT Fees of witnesses for attendance before com- 
 
 8624 mission shall be the same as in the county court; and, in all causes 
 
 966 
 
in behalf of, or for the convenience^ or" safety of the public, the 
 witnesses with the expense of obtaining their attendance, shall 
 be paid by the state. Puh. Stats. igo6, sec. 4604. 
 
 WASHINGTON Each witness who shall appear before com- 
 
 mission under subpoena shall receive for his attendance $3 per 
 day and five cents per mile traveled by the nearest practicable 
 
 3625 route in going and returning from the place of hearing; provided, 
 that no witness shall be entitled to fees or mileage from the state 
 when summoned at the instance of the public service corporations 
 affected. Laws igii, ch. iiy, sec. 76. 
 
 WISCONSIN A provision identical with par. 3610. Laws 
 
 3626 190J, ch. J62, sec. ijgy-i^{a). 
 
 . Each witness who shall appear before commission or its 
 agent by its order shall receive for his attendance the fees and 
 mileage now provided for witnesses in civil cases in courts of rec- 
 
 3627 ord which shall be audited and paid by the state in the same 
 manner as other expenses are audited and paid, upon the presen- 
 tation of proper vouchers sworn to by such witnesses and ap- 
 proved by the chairman of commission. Laws igoy, ch. 4gg, 
 sec. I7g7m-54{i). 
 
 No witness subpoenaed at the instance of parties other than 
 commission shall be entitled to compensation from the state for 
 
 3628 attendance or travel unless commission shall certify that his 
 testimony was material to the matter investigated. Same, sec. 
 i7grm-54{2). 
 
 See also par. 3140. 
 
 J. Immunity of witnesses. 
 
 UNITED STATES No person shall be excused from attending 
 and testifying or from producing books, papers, tariffs, contracts, 
 agreements and documents before interstate commerce commis- 
 sion, or in obedience to the subpoena of commission, whether 
 such subpoena be signed or issued by one or more commissioners, 
 or in any cause or proceeding, criminal or otherwise, based upon 
 or growing out of any alleged violation of the act of congress, 
 entitled "An act to regulate commerce," approved February 4, 
 1 887, or of any amendment thereof on the groimd or for the reason 
 
 3629 that the testimony or evidence, documentary or otherwise, re- 
 quired of him, may tend to criminate him or subject him to a pen- 
 alty or forfeiture. But no person shall be prosecuted or subjected 
 to any penalty or forfeiture for or on account of any transaction, 
 
 967 
 
matter or thing, concerning which he may testify, or produce 
 evidence, docimientary or otherwise, before said commission, or 
 in obedience to its subpoena, or the subpoena of either of them, 
 or in any such case or proceeding; provided, that no person so 
 testifying shall be exempt from prosecution and punishment for 
 perjury committed in so testifying. Immunity of Witnesses Act, 
 
 Immunity shall extend only to a natural person who, in 
 
 3630 obedience to a subpoena, gives testimony under oath or produces 
 evidence, docimientary or otherwise, under oath. Immunity of 
 Witnesses Act, igo6. 
 
 See also par. 348'/. 
 
 ALABAMA No person shall be excused from attending 
 
 and testifying or from producing books, papers, tariffs, con- 
 tracts, agreements and other documents before commission, or 
 in obedience of subpoena of commission, whether such subpoena 
 be signed or issued by one or more of the members of commis- 
 sion in any investigation held by or before commission, or in 
 any cause or proceeding in any court by or against commission 
 provided for in this section, on the ground or for the reason that 
 
 3631 the testimony or evidence, documentary or otherwise, required 
 of him, may tend to criminate him or subject him to a penalty 
 or forfeiture. But no person shall be prosecuted or subjected 
 to any penalty or forfeiture for or on account of any transaction, 
 matter, or thing concerning which he may be required to tes- 
 tify or produce evidence, documentary or otherwise before com- 
 mission, or in obedience to its subpoena, or in any such cause 
 or proceeding, provided that no person so testifying shall be 
 exempted from prosecution and punishment for perjury com- 
 mitted in so testifying. Code igoy, sec. 5674. 
 
 ARIZONA, CALIFORNIA 
 
 No person shall be excused from testif5mig or 
 from producing any book, way bill, document, paper or account 
 in any investigation or inquiry by or hearing before commission 
 or any commissioner, when ordered to do so, upon the ground 
 that the testimony or evidence, book, way bill, document, paper 
 or accoimt required of him may tend to incriminate him or sub- 
 ject him to penalty or forfeiture, but no person shall be prosecuted. 
 8332 punished or subjected to any penalty or forfeiture for or on ac- 
 count of any act, transaction, matter or thing concerning which 
 he shall, under oath have testified or produced documentary evi- 
 
 968 
 
dence; provided, that no person so testifying shall be exempt from 
 prosecution or punishment for any perjury committed by him 
 in his testimony. Nothing herein contained shall be construed 
 as in any manner giving to any public service corporation^ im- 
 munity of any kind. Ariz. — Sess. Laws 1912, ch. go, sec. 55{d); 
 Cat. — Stats, igii, ist. ex. sess., ch. 14, sec. 55{d). 
 See also par. 3500. 
 
 ARKANSAS See par. 3496 
 
 CONNECTICUT See par. 3501 
 
 FLORIDA See par. 3503 
 
 GEORGIA See par. 4084 
 
 INDIANA See par. 3509. 
 
 IOWA See pars. 21 11, 351 1, 4284. 
 
 KANSAS No person shall be excused from testifying or 
 
 from producing any books, accounts, maps, papers or documents 
 in any action or proceeding, based upon or growing out of any 
 alleged violation of any of the provisions of this act, on the ground 
 or for the reason that the testimony or evidence, documentary 
 or oral, required from him, may tend to incriminate him or sub- 
 
 3633 ject him to penalty or forfeiture ; but no person having so testified 
 shall be prosecuted or subject to any penalty, punishment or for- 
 feiture on account of any transaction, matter or thing concerning 
 which he may have testified or produced any documentary evi- 
 dence, providing that no person so testifying shall be exempted 
 from prosecution or punishment for perjury committed in so 
 testifying. Laws 191 1, ch. 238, sec. 77. 
 
 MARYLAND A provision substantially identical with par. 
 
 3634 3632; also a provision substantially identical with par. 3633. 
 Laws 1910, ch. 180, sees. 10, 48. 
 
 MICHIGAN See par. 4343. 
 
 MONTANA No person shall be excused from attending or 
 
 testifying, or producing any books, papers, dociunents, or any 
 thing or things, before any court or magistrate, or commissioner 
 or commission, upon any investigation, proceeding or trial under 
 the provisions of this act or for any violation of any of them, 
 upon the ground or for the reason that the testimony or evi- 
 
 3635 dence docimientary or otherwise required of him, may tend to 
 
 * "Public utility," in California. 
 
 969 
 
convict him of a crime, or to subject him to a penalty or for- 
 feiture; but no person shall be prosecuted or subjected to any 
 penalty or forfeiture for or on accoimt of any transaction, matter 
 or thing concerning which he may so testify, or produce evidence; 
 and no testimony or evidence so given or produced shall be re- 
 ceived against him upon any civil or criminal proceeding, action 
 or investigation. Rev. Codes iQoy, sec. 4381. 
 
 NEBRASKA See par. 3534. 
 
 NEVADA Substantially identical with par. 3633. Stats. 
 
 3636 iQiiy ch. 162, sec. 22. 
 
 NEW HAMPSHIRE No person shall be excused from testifying in a 
 proceeding instituted against another person or a corporation 
 under the foregoing sections for the reason that he may thereby 
 
 3637 criminate himself; but no testimony so given by him shall be used, 
 directly or indirectly, as evidence against him in any prosecution, 
 nor shall he be prosecuted thereafter for any offense so disclosed 
 by him. Laws igog, ch. 126, sec. 7. 
 
 No person shall be excused from testifying or from producing 
 any book or paper in any investigation or inquiry by or upon any 
 hearing before commission when ordered to do so by commission, 
 upon the groimd that the testimony or evidence, book or docu- 
 ment required of him may tend to incriminate him or subject 
 him to penalty or forfeiture, but no person shall be prosecuted, 
 punished or subjected to any penalty or forfeiture for or on ac- 
 
 3638 coimt of any act, transaction, matter or thing concerning which 
 imder oath, after claiming his privilege, he shall by order of 
 commission have testified or produced documentary evidence; 
 provided, however, that no person so testifying shall be exempt 
 from prosecution or punishment for any perjury committed by 
 him in his testimony. Nothing herein contained is intended to 
 give, or shall be construed as in any manner giving to any cor- 
 poration immimity of any kind. Laws igii, ch. 164, sec. 2{m). 
 
 See also par. 2161. 
 
 NEW JERSEY A provision substantially identical with par. 
 
 8689 3632. Laws igiiy ch. igs, sec. 2g. 
 
 No member or employe of commission shall be required to 
 8640 give testimony in any civil suit to which commission is not a 
 party, with regard to information obtained by him in the dis- 
 charge of his official duty. Same. 
 
 970 
 
NEW MEXICO See par. 3542. 
 
 NEW YORK Substantially identical with par. 3632. Laws 
 
 3641 1910, ch. 480, sec. 20. 
 
 NORTH DAKOTA See par. 3554. 
 
 OHIO Provisions substantially identical with par. 
 
 3642 3633. Code igio, sec. 553. Laws 1911, no. 325, sec. 41. 
 
 OREGON Provisions substantially identical with par. 
 
 3643 3633; also provisions identical with par. 3630. Gen. Laws igoy, 
 ch. 5J, sec. 37. Gen. Laws igii, ch. 279, sec. 59. 
 
 RHODE ISLAND Substantially identical with par. 3632. Acts 
 
 3644 1912, ch. yg^y sec. 16. 
 
 SOUTH DAKOTA No person shall be privileged from testifying 
 in relation to anything herein contained, but no such person 
 shall thereafter be prosecuted for any offense concerning which 
 
 36*5 he may have been required to testify, and the testimony so given 
 shall not be used in the prosecution of any such person in any 
 criminal action whatever, except in actions for perjury in giving 
 such testimony. Sess. Laws igoy, ch. 221, sec. 7. 
 
 TENNESSEE No officer, agent, servant or employe of any 
 
 railroad company, who shall appear and testify before commis- 
 sion under the provisions of this act, or any civil or criminal 
 
 3646 proceedings instituted by them under the provisions of this act, 
 shall be Hable to indictment or presentment for any violation 
 of this act about which they so testify. Acts i8gy, ch. 10, sec. 10. 
 
 TEXAS See par. 3578, 
 
 WASHINGTON The claim by any witness that any testimony 
 
 sought to be eHcited may tend to incriminate him shall not excuse 
 such witness from testifying, but such evidence or testimony 
 
 3647 shall not be used against such person on the trial of any criminal 
 proceeding, excepting in a prosecution for perjury. Laws igii, ch. 
 iiy, sec. 76. 
 
 WISCONSIN Provisions substantially identical with par. 
 
 3648 3633. Laws igoSy ch. 362, sec. 1797-17(0). Laws igo7, ch. 4ggt 
 sec. i7g7m-72. 
 
 See also par, 4438, 
 
 971 
 
4' Depositions. 
 
 UNITED STATES The testimony of any witness may be taken, 
 at the instance of a party in any proceeding or investigation 
 pending before commission, by deposition, at any time after a 
 cause or proceeding is at issue on petition and answer. Commis- 
 sion may also order testimony to be taken by deposition in any 
 proceeding or investigation pending before it, at any stage of such 
 proceeding or investigation. Such depositions may be taken 
 before any judge of any court of the United States, or any com- 
 missioner of a circuit, or any clerk of a district or circuit court, or 
 any chancellor, justice or judge of a supreme or superior court, 
 mayor or chief magistrate of a city, judge of a county court, or 
 
 3649 court of common pleas of any of the United States, or any notary 
 public, not being of counsel or attorney to either of the parties, 
 nor interested in the event of the proceeding or investigation. 
 Reasonable notice must first be given in writing by the party, or 
 his attorney, proposing to take such deposition to the opposite 
 party or his attorney of record, as either may be nearest, which 
 notice shall state the name of the witness and the time and place 
 of the taking of his deposition. Any person may be compelled 
 to appear and depose, and to produce documentary evidence, in 
 the same manner as witnesses may be compelled to appear and 
 testify and produce documentary evidence before commission 
 as hereinbefore provided. Act to Regulate Commerce, sec. 12. 
 
 Every person deposing as herein provided shall be cautioned 
 and sworn (or affirm, if he so request) to testify the whole truth, 
 
 3660 and shall be carefully examined. His testimony shall be reduced 
 to writing by the magistrate taking the deposition, or under his 
 direction, and shall, after it has been reduced to writing, be sub- 
 scribed by the deponent. Same. 
 
 If a witness whose testimony may be desired to be taken by 
 deposition be in a foreign country, the deposition may be taken 
 
 8661 before an officer or person designated by commission, or agreed 
 upon by the parties by stipulation in writing to be filed with com- 
 mission. All depositions must be promptly filed with commis- 
 sion. Same. 
 
 ALABAMA Commission may, in investigation, cause the 
 
 depositions of witnesses residing within or without the state to 
 
 3662 be taken in the manner prescribed by law for depositions in civil 
 actions in circuit courts, said deposition to be taken on a com- 
 
 972 
 
mission to be issued by the clerk of commission made returnable 
 to commission. Code 1907, sec. 5676. 
 
 ARIZONA Commission or any commissioner or any paity 
 
 may, in any investigation or hearing before commission, cause 
 the deposition of witnesses residing within or without the state 
 
 3653 to be taken in the manner prescribed by law for like deposition 
 in civil actions in the superior courts of this state and to that end 
 may compel the attendance of witnesses and the production, of 
 books, way bills, documents, papers and accounts. Sess. Laws 
 IQ12, ch. go, sec. 55{c). 
 
 See also par. j68. 
 
 ARKANSAS Commission shall in all cases have the right 
 
 3654 to issue proper process and take depositions instead of compelling 
 personal attendance of witnesses. Kirby^s Digest 1Q04, sec. 
 6825. 
 
 CALIFORNIA Identical with par. 3653. Stats. 191 1, ist. ex. 
 
 3656 sess., ch. 14, sec. 55{c). 
 
 COLORADO The testimony of any witness may be taken, 
 
 at the instance of a party in any proceeding or investigation 
 
 3656 pending before commission, by deposition, at any time after a 
 cause or proceeding is at issue on complaint and answer; such 
 depositions shall be conducted as are depositions in the courts 
 of this state. Laws 1910, sp. sess., ch. 5, sec. 12. 
 
 INDIANA Instead of requiring the personal ^attendance 
 
 of any witness, his deposition may be taken at the instance of a 
 party in any proceeding or investigation pending before commis- 
 sion at any time after such investigation has been commenced, or 
 after any such complaint has been filed and notice thereof duly 
 served. Commission may also order testimony to be taken by 
 deposition in any proceeding or investigation pending before it at 
 any stage of such proceeding or investigation. Such deposition 
 
 3657 shall be taken, certified and published in the manner now pro- 
 vided by the laws of this state concerning the procedure in civil 
 cases, or in such other manner as the commission, in its order, 
 may direct. And any person whose deposition is being so taken 
 may be compelled to appear and depose and to produce docu- 
 mentary evidence in the same manner as witnesses may be com- 
 pelled to appear and testify and produce documentary evidence 
 before commission as hereinbefore provided. Acts igoy, ch. 241, 
 sec. II, as amended by Acts 1911, ch. 225, sec. 5. 
 
 973 
 
KANSAS Commission shall in all cases have the right, 
 
 in its discretion, to issue proper process and take depositions 
 
 3668 instead of compelling personal attendance of witnesses, as depo- 
 sitions are taken in civil cases. Gen. Stats, iqoq, sec. yiys- 
 
 LOUISIANA See par. 3514. 
 
 MAINE See par. iiii. 
 
 MICHIGAN Commission or any party may, in any inves- 
 
 tigation, cause depositions of witnesses residing within or without 
 
 3659 the state to be taken in the manner prescribed by law for like 
 depositions in civil actions in the circuit courts. Pub. Acts igop, 
 no. 300, sec. 23(c). 
 
 NEBRASKA Testimony may be taken by deposition as in 
 
 3660 suits at law. Cobbey^s Annot. Stats, igog, sec. 10650 (k). 
 
 NEVADA Commission or any party may, in the investi- 
 
 gation, cause the depositions of witnesses residing within or with- 
 
 8661 out the state to be taken in the manner prescribed by law for like 
 depositions in civil actions in district courts. Stats, ipoy, ch. 44, 
 sec. 2j(6), as amended by Stats, ipog, ch. 121, sec. 6. 
 
 Commission, or any party to any proceeding before it, may 
 
 8668 cause the depositions of witnesses to be taken in the manner pre- 
 scribed by law for like depositions in civil actions. Stats, igii, 
 ch, 162, sec. 20. 
 
 NEW JERSEY Commission may, in any investigation or 
 
 hearing, by its order in writing, cause the depositions of wit- 
 
 3663 nesses residing within or without the state to be taken in such 
 manner as it may, by rule, prescribe. Laws igii, ch. iqj, sec. 28, \ 
 
 NEW MEXICO The testimony of any witness may be taken by 
 
 deposition, at the instance of any party to the proceeding of com- 
 mission, in the manner as allowed by law in civil causes, but 
 notice of intention to apply for a commission to take the answers ] 
 of witnesses to interrogatories shall not be filed with the clerk of 
 
 8664 commission until the parties affected by the proceeding in which \ 
 such testimony is desired to be used shall have been served with \ 
 the notice of hearing of the proceeding. Costs of taking depo- • 
 sitions and witness fees shall be paid by the party applying there- 
 for at the same rate as prescribed by the laws providing for depo- 
 sitions in civil causes. Laws IQ12, ch. 78^ sec. 6, 
 
 974 
 
In said laws, commission, any commissioner and the clerk 
 
 3665 thereof, shall be substituted for the district court, the judge and 
 clerk of the district court, respectively, wherever such officers or 
 said court are mentioned in such laws. Same. 
 
 OHIO In an investigation, commission or any party 
 
 may cause the depositions of witnesses residing within or without 
 
 3666 the state to be taken in the manner prescribed by law for depo- 
 sitions in civil actions in the court of common pleas. Code igio, 
 sec. 533. 
 
 OKLAHOMA Commission is authorized at a time and place 
 
 fixed by commission to have depositions taken upon the appli- 
 cation of either party to any cause pending before it, or upon 
 
 3667 its own motion; and it is further authorized to designate a 
 person to take depositions under such rules and regulations as 
 may be prescribed by commission. Sess. Laws igo8, ch. 18 
 art. Hi, sec. g. 
 
 OREGON Commission or any party may in any investi- 
 
 gation cause the depositions of witnesses residing within or with- 
 
 3668 out the state to be taken in the manner prescribed by law for like 
 depositions in civil actions in circuit courts. Gen. Laws, igoy, 
 ch. 55, sec. 2g. Gen. Laws igii, ch. 2yg, sec. ^g. 
 
 PENNSYLVANIA Commission may issue commissions to take 
 
 3669 the testimony of absent, infirm, or waygoing witnesses, according 
 to the rtdes of the courts of equity. Laws igo/, no. 250, sec. 13. 
 
 TENNESSEE Commission may in its discretion take deposi- 
 
 3670 tions instead of compelling personal attendance of. witnesses. 
 Acts i8gy, ch. 10, sec. 10. 
 
 WASHINGTON Commission may take the testimony of any 
 
 witness by deposition, and for that purpose the attendance of 
 
 3671 witnesses and the production of books, way bills, documents, 
 papers and accounts may be enforced in the same manner as in 
 the case of hearings before commission, or any member thereof. 
 Laws igii, ch. iiy, sec. yd. 
 
 WISCONSIN Identical with par. 3668. Laws igo^, ch. 362, 
 
 3672 sec. I7g7-i3ih). Laws igoj, ch. 4gg, sec. lygytn-jj. 
 
 975 
 
C. PROCEDURE IN INVESTIGATIONS AND PRO- 
 CEEDINGS BEFORE COMMISSION. 
 
 I. Complaints. 
 
 UNITED STATES Any person, firm, corporation, company, or 
 association, or any mercantile, agricultural, or manufacturing 
 society or other organization, or any body politic or municipal 
 organization, or any common carrier, complaining of anything 
 done or omitted to be done by any common carrier, in contraven- 
 tion of the provisions of this act, may apply to commission by 
 petition, which shall briefly state the facts; whereupon a state- 
 ment of the complaint thus made shall be forwarded by commis- 
 sion to such common carrier, who shall be called upon to satisfy 
 the complaint, or to answer the same in writing, within a reason- 
 
 3673 able time, to be specified by commission. If such common carrier 
 within the time specified shall make reparation for the injury 
 alleged to have been done, the common carrier shall be relieved of 
 liability to the complainant only for the particular violation of 
 law thus complained of. If such carrier or carriers shall not 
 satisfy the complaint within the time specified, or there shall 
 appear to be any reasonable ground for investigating said com- 
 plaint, it shall be the duty of commission to investigate the mat- 
 ters complained of in such manner and by such means as it shall 
 deem proper. No complaint shall at any time be dismissed be- 
 cause of the absence of direct damage to the complainant. Act 
 to Regulate Commerce, sec. ij. 
 
 ARIZONA Complaint may be made by commission of its 
 
 own motion or by any corporation or persons, chamber of com- 
 merce, board of trade, or any civic, commercial, mercantile, 
 traffic, agricultural or manufacturing association or organization 
 or any body politic or municipal corporation, by petition or com- 
 plaint in writing, setting forth any act or thing done or omitted 
 to be done by any public service corporation including any rules, 
 regulation or charges heretofore established or fixed by or for any 
 public service corporation, in violation, or claimed to be in viola- 
 tion, of any provision of law or of any order or rule of commission; 
 provided, that no complaint shall be entertained by commission, 
 except upon its own motion, as to the reasonableness of any rates 
 or charges of any gas, electrical, water or telephone corporation, 
 unless the same be signed by the mayor or a majority of the coun- 
 cil, commission, or other legislative body of the city or town, if 
 
 976 
 
any, within which the alleged violation occurred, or not less than 
 25 consumers or ptirchasers or prospective constimers or pur- 
 chasers, of such gas, electricity, water or telephone service. All 
 matters upon which complaint may be founded may be joined in 
 one hearing, and no motion shall be entertained against a com- 
 plaint for misjoinder of causes of action or grievances or mis- 
 joinder or non-joinder of parties and in any review by the courts 
 
 3674 of orders or decisions of commission the same rule shall apply with 
 regard to the joinder of causes and parties as herein provided. 
 . Commission shall not be required to dismiss any complaint because 
 of the absence of direct damage to the complainant. Upon the 
 filing of a complaint, commission shall cause a copy thereof to be 
 served upon the corporation or person complained of. All public 
 servdce corporations, domestic or foreign, doing, transacting or so- 
 liciting any business in this state, shall appoint a bona fide resident 
 of this state, who has been a resident of this state for at least three 
 years, its agent, upon whom all notices, orders, decrees, charges 
 and processes, including service of summons, may be served, and 
 when so served, shall be taken and held to be lawful personal serv- 
 ice on such corporation. Such appointment of agent shall be 
 filed in the office of commission. Service may likewise be had in 
 accordance with the provisions of the general laws of this state, 
 and may be made personally or by maiHng in a sealed envelope, 
 registered, with postage prepaid. No irregularity regarding serv- 
 ice shall be used by any public service corporation as a groimd 
 of excuse or defense. Commission shall fiix the time when and the 
 place where a hearing will be had upon the complaint and shall 
 serve notice thereof, not less than ten days before the time set 
 for such hearing, imless commission shall find that the public 
 necessity requires that such hearing be held at an earlier date. 
 Sess. Laws igi2, ch. go, sec. 60. 
 
 Any public service corporation shall have a right to complain 
 on any of the grounds upon which complaints are allowed to be 
 
 3676 filed by other parties, and the same procediire shall be adopted 
 and followed as in other cases except that the complaint may be 
 heard, ex parte by commission, or may be served upon any parties 
 designated by commission. Same, sec. 62. 
 
 CALIFORNIA Complaint may be made by commission of its 
 
 own motion or by any corporation or person, chamber of com- 
 merce, board of trade, or any civic, commercial, mercantile, traf- 
 fic, agricultural or manufacturing association or organization or 
 any body politic or mimicipal corporation, by petition or com- 
 
 977 
 
plaint in writing, setting forth aiiy act ot thing done or omitted to 
 be done by any public utility including any rule, regulation or 
 charge heretofore established or fixed by or for any public utility, 
 in violation, or claimed to be in violation, of any provision of law 
 or of any order or rule of commission; provided, that no com- 
 plaint shall be entertained by commission, except upon its own 
 motion, as to the reasonableness of any rates of charges of any 
 gas, electrical, water or telephone corporation, tmless the same 
 be signed by the mayor or the president or chairman of the board 
 of trustees or a majority of the cotmcil, commission, or other 
 legislative body of the city and county, or city or town, if any, 
 within which the alleged violation occurred, or not less than 25 
 consumers or purchasers or prospective consumers or purchasers, 
 of such gas, electricity, water or telephone service. All matters 
 
 3676 upon which complaint may be founded may be joined in one hear- 
 ing, and no motion shall be entertained against a complaint for 
 misjoinder of causes of action or grievances or misjoinder or non- 
 joinder of parties; and in any review by the courts of orders or 
 decisions of commission the same rule shall apply with regard to 
 the joinder of causes and parties as herein provided. Commission 
 shall not be required to dismiss any complaint because of the 
 absence of direct damage to the complainant. Upon the filing of 
 a complaint, commission shall cause a copy thereof to be served 
 upon the corporation or person complained of. Service in all 
 hearings, investigations and proceedings pending before commis- 
 sion may be made upon any person upon whom a summons may 
 be served in accordance with the provisions of the code of civil 
 procedure of this state, and may be made personally or by mailing 
 in a sealed envelope, registered, with postage prepaid. Commis- 
 sion shall fix the time when and place where a hearing will be had 
 upon the complaint and shall serve notice thereof, not less than 
 ten days before the time set for such hearing, unless commission 
 shall find that public necessity requires that such hearing be held 
 at an earlier date. Stats, igii, ist. ex. sess., ch. 14, sec. 60. 
 
 »677 Also a provision identical with par. 3675, except that "pub- 
 
 lic service corporation" reads ''public utility." Same, sec. 62. 
 
 COLORADO Any person, firm, corporation or association, 
 
 or any mercantile, agricultural or manufactiuing society, or any 
 body politic or mimicipal organization or any common carrier, or 
 any shipper, consignee or applicant for cars, complaining of any- 
 thing done or omitted to be done by any common carrier, or in 
 contravention of any of the provisions of this act, may apply to 
 
 978 
 
commission by petition which shall briefly state the facts, where- 
 upon a statement of the charges thus made shall be immediately 
 forwarded by commission to such common carrier, who shall be 
 called upon to satisfy the complaint, or to answer the same in 
 3678 writing within a reasonable time to be specified by commission. 
 If such common carrier, within the time specified, shall make 
 reparation for the injury alleged to be done, such common carrier 
 shall be relieved of liability to the complainant, only for the par- 
 ticular violation of the law complained of. If such common 
 carrier shall not satisfy the complaint within the time specified, 
 or there shall appear to be any reasonable groimd for investigat- 
 ing such complaint, commission shall investigate the matters 
 complained of in such manner and by such means as it shall deem 
 proper, and arrive at a finding therein, and notify such common 
 carrier of such finding, together with the amoimt of damages, if 
 any, as provided in this act, decided as just by commission. 
 Laws 1 910, sp. sess.y ch. 5, sec. ij. 
 
 ILLINOIS Any shipper, or any shippers' or other com- 
 
 mercial organization or association, or any person, firm, copart- 
 nership, joint stock company or corporation may file complaint 
 with commission against any express company or carrier by 
 express, wherein it may be claimed an unjust charge has been 
 made for the transportation of property, merchandise, parcels, 
 packages, money or other commodity or things, in such manner 
 and form as commission may prescribe. And it shall be the 
 duty of commission to take cognizance of such complaints and 
 to proceed with a hearing, after due notification to the express 
 
 8679 company or carrier by express so complained of, in such manner 
 as it may prescribe by its rules of practice. At such hearing or 
 hearings before commission, copies of contracts, agreements, 
 tariffs, schedules of charges, rules and regtilations and classifi- 
 cations that may have been filed with commission by such 
 express company or carrier by express, shall be considered 
 prima facie evidence of what they purport to be. Any person 
 or party interested shall have the right of appeal from the 
 order or decision of commission to a court of competent juris- 
 diction but the order or decision of commission shall prevail 
 pending such appeal and the decision of the court unless en- 
 joined or set aside by the court. Revisal iqoq, sec, 3^2. 
 
 INDIANA The provisions of this section shall be con- 
 
 strued to mean that the power of commission extends to any case 
 
 979 
 
where any person, firm, corporation or association, or any mer- 
 cantile, agricultural or manufacturing society, or any body politic 
 or municipal organization, complain of anything done, or omitted 
 to be done, by any common carrier, and shall apply to commission 
 by petition, which shall briefly state the facts; whereupon a stat 
 ment of the charges thus made shall be forwarded by commissic 
 to such common carrier who shall be called upon to satisfy the 
 complaint, or to answer same in writing within a reasonable ti 
 to be specified by commission. If such carrier shall not satisf 
 368& the complaint within the time specified or there shall appear to be 
 any reasonable ground for investigating said complaint, commis- 
 sion shall investigate the matters complained of, and no complaint 
 shall at any time be dismissed because of the absence of direct 
 damage to the complainant. Commission may after such inves- 
 tigation make such corrections, alterations, changes or new rules 
 or regtdations or rates as may be necessary to prevent injustice 
 or discrimination to the party complaining or to any other person, 
 firm or corporation provided, that when any rate, charge, classifi- 
 cation, rule or regulation shall have been so made, changed, modi- 
 fied or added to by commission such order shall operate for the 
 benefit of all persons or corporations situated similarly with said 
 complaining party. Acts igoj, ch. 241, sec. j{h). 
 
 IOWA , Any person, firm, corporation or association, or 
 
 any mercantile, agricultural or manufacturing society, or any 
 body politic or municipal organization, complaining of anything 
 done or omitted to be done by any common carrier in contraven- 
 tion of the provisions of this act may appl}^ to commission by peti- 
 tion, briefly stating the facts; whereupon a copy of the complaii 
 with the damages, if any are claimed, shall be forwarded b] 
 commission to such carrier, who shall be requested to satisfy thi 
 complaint, or answer the same in writing vrithin a reasonable 
 time to be fixed by commission. If such carrier within the time 
 specified shall make reparation for the injury alleged to ha^ 
 
 3681 been done, or shall correct the wrong complained of, it sh^U 
 relieved of liability to the complainant for the particular violatioi 
 complained of. If it shall not satisfy the complaint within tl 
 time fixed, or there shall appear to be any reasonable ground f( 
 investigating the complaint, commission shall inquire into th( 
 matters complained of in such manner and by such means as il 
 shall think proper. Whenever it has vSufficient reason to belies 
 that any carrier is violating any of the provivsions of this chapt 
 it shall at once institute an inquiry, as though complaint had 
 
 980 
 
made. No complaint shall at any time be dismissed because of 
 the absence of direct damage to the complainant. Code i8g'/, 
 , sec. 2134. 
 
 KANSAS Commission shall, upon complaint of any per- 
 
 son, firm, association or corporation, or the mayor and council of 
 any city, or the attorney for commission, setting forth that the 
 freight or passenger tariffs put into effect by the railroad com- 
 pany, within the state, or any charges or classifications made by 
 such company, or any rules or regulations as to the handling of 
 cars, the running of trains, or other matter concerning such com- 
 pany in the operation of its road within this state, are unreason- 
 able, unjust, or discriminative, or violative of the laws of Kansas, 
 or the order of commission, and that the same shotild be altered, 
 amended, or changed, to investigate such tariffs, charges, classifi- 
 cations, rules and regulations or other matter concerning such 
 company in the operation of its road specified in such complaint, 
 and forthwith notify the company complained against of the filing 
 thereof, and dehver to the general manager, general attorney or 
 other chief officer of such company or common carrier within the 
 state a copy of such complaint, and shall notify such company or 
 common carrier that unless the matter complained of is rectified 
 within ten days from the date of service of such notice that com- 
 mission will consider such complaint at a time fixed by commis- 
 sion to be stated in such notice, not exceeding 20 days from the 
 
 3682 date of servdce of such notice, and such hearing may be adjourned 
 from time to time upon the order of commission. Such complaint 
 shall be heard and considered in an informal manner, without fur- 
 ther pleadings, except the answers of said defendants, and under 
 such rules and regulations as commission may from time to time 
 provide and order to secure a speedy hearing and an equitable 
 determination of the questions involved. Printed copies in vol- 
 imies or pamphlets of the reports, orders or decisions of the inter- 
 state commerce commission or of commissioners of any other 
 state, piuporting or proved to have been published by the author- 
 ity thereof, shall be admitted as competent evidence when other- 
 wise material in all hearings before commission or by the courts 
 of this state in all actions relating to the orders of commission. 
 The attorney for commission shall appear at such hearings on 
 behalf of the party or parties making such complaint, and said 
 parties may, if they desire, employ other coimsel to assist in the 
 preparation and hearing of any such complaint. Upon such hear- 
 ing commission shall give full hearing upon the matters set forth 
 
 981 
 
in such complaint, and thereupon find, determine, prescribe and 
 order what will be the just and reasonable rate or rates, charge or 
 charges, to be thereafter made and observed in such case, and 
 what regulation, classification or practice in respect to the matters 
 involved will be just, fair, and reasonable, and should thereafter 
 be made and followed. Gen. Stats, igog, sec. 7196. 
 
 MARYLAND Complaints may be made to commission by 
 
 any person or corporation aggrieved, by petition or complaint in 
 writing setting forth any thing or act done or omitted to be done 
 by any common carrier or corporation in violation, or claimed to 
 be in violation, of any provision or law or the terms and condi- 
 tions of its franchise or charter, or of any order of commission, or 
 as being imfair, imreasonable, unjustly discriminating or imduly 
 preferential. Upon the presentation of such complaint commis- 
 sion shall cause a copy thereof to be forwarded to the person or 
 corporation complained of, accompanied by an order, directed to 
 such person or corporation, requiring that the matter complained 
 
 8683 of be satisfied, or that the charge be answered in writing within a 
 time to be specified by commission. If the person or corporation 
 complained of shall make reparation for any injury alleged and 
 shall cease to commit or to permit the violation of law, franchise 
 or order charged in the complaint, and shall notify commission of 
 that before the time allowed for answer, commission need take 
 no further action upon the charge. If, however, the charges con- 
 tained in such petition be not thus satisfied, and it shall appear to 
 commission that there are reasonable grounds therefor, it shall 
 investigate such charges in such manner and by such means as 
 it shall deem proper, and take such action within its power as the 
 facts justify. Laws 1910, ch. 180, sec. 22. 
 
 Whenever commission shall investigate any matter com- 
 plained of by any person or corporation aggrieved by any act or 
 omission of a common carrier or other corporation subject to the 
 
 8684 provisions of this act imder this section, it shall be its duty to 
 make and file an order either dismissing the petition or complaint 
 or directing the common carrier complained of to satisfy the cause 
 of complaint in whole or to the extent which commission may 
 specify and require. Same. 
 
 MINNESOTA Proceedings before commission against any 
 
 carrier or public warehouseman shall be instituted by complaint 
 
 8685 verified as a pleading in a civil action, stating in ordinary language 
 the facts constituting the alleged omission or offense. The par- 
 
 982 
 
ties to such proceeding shall be termed, respectively "com- 
 plainant" and "respondent." Rev. Laws 1905, sec. 1963. 
 
 Upon filing such complaint, if there appear reasonable 
 grounds for investigating such matter, commission shall issue 
 an ord^r directed to such carrier or warehouseman, requiring him 
 
 3686 to grant the relief demanded, or show cause by answer within 20 
 days from the service of such notice why such relief should not 
 be granted. Such order together with a copy of the complaint, 
 shall forthwith be served upon the respondent. Same, sec. 
 1964. 
 
 The respondent may file and serve by mail upon the com- 
 plainant, within 20 days after service of the order, an answer 
 alleging that it has already granted the relief demanded, or set- 
 
 3687 ting up any matter of defense. If the answer allege the granting 
 of the relief, the complainant shall within 20 days reply admitting 
 or denying such allegation. If he fails to reply or admits the 
 allegation, the proceeding shall be dismissed. Same, sec. 1965. 
 
 MISSISSIPPI Commission shall keep a docket of petitions 
 
 and complaints, which shall be entered in regular order; the 
 
 3688 docket shall be called at each regvilar meeting of commission and 
 the cases thereon disposed of, or if necessary, continued until the 
 next meeting. Code 1906, sec. 4832. 
 
 In all cases of complaint other than a revision of its tariffs of 
 charges or complaints concerning the same against a railroad or 
 other common carrier, commission shall give the party complained 
 of such reasonable notice as it may adjudge proper, but not less 
 
 3689 than five days. In other cases, where notice is given or reqtiired 
 to be, or is proper to be given to any railroad or other common 
 carrier, five days' notice shall be sufficient; but where anything 
 is required to be done, such reasonable time must be allowed 
 therefor as commission shaU deem proper. Same, sec. 48 jj. 
 
 NEBRASKA Any person, firm, corporation, or association, 
 
 or any mercantile, agricultural, or mantifacturing society, or any 
 body politic or mimicipal organization, complaining of anything 
 done or omitted to be done by any railway company or common 
 carrier, relative to the control and regulation of railway companies 
 or common carriers under which commission has authority to act, 
 may apply to commission by petition, briefly stating the fact, ex- 
 cept as to the fixing, establishing and regulating of rates and 
 charges for the transportation of freight otherwise provided for 
 
 983 
 
in this act; whereupon a copy of the complaint shall be served 
 upon such railway company or common carrier in the same man- 
 ner as process in civil cases is served, who shall be required to 
 satisfy the complaint or file a written answer thereto within a 
 reasonable time to be fixed b}^ commission. If said railway com- 
 pany or common carrier shall not satisfy the complaint within the 
 time fixed, and there shall appear to be a reasonable groimd for 
 investigation of the complaint upon its merits, commission shall 
 
 8690 proceed to an inquiry and hearing into the matters complained of 
 in such manner and by such means as it shall think proper, and 
 shall give the parties thereto written notice of the time and place 
 for such hearing, and upon such hearing commission shall make 
 such order or orders with respect to said complaint as may be 
 deemed just and reasonable. Whenever commission has reason 
 to believe that any railway company or common carrier is violat- 
 ing any provisions .of this act, or any laws of this state relative to 
 the control and regulation of railway companies or common car- 
 riers, it shall at once institute an inquiry and fix a time and place 
 for hearing thereon, upon their own motion, and shall make any 
 order or orders as may upon said hearing be deemed just and 
 reasonable. Provided,fthat nothing herein shall prevent any person, 
 firm, corporation or association, or any mercantile, agricultural 
 or manufacturing society, or body politic, or mimicipal organiza- 
 tion, or persons proceeding against said railway company or com- 
 mon carrier under the laws of this state for such cases made and 
 provided. Cobbey^s Annot. Stats, iqoq, sec. 10658. 
 
 NEW HAMPSHIRE Any person may make complaint to commis- 
 sion by petition setting forth in writing any thing or act claimed 
 to be done or omitted to be done by any railroad corporation in 
 violation of any provision of law or of the terms and conditions of 
 its franchises or charter or of any order of commission. There- 
 upon commission shall cause a copy of said complaint to be for- 
 warded to the railroad corporation complained of which may be 
 accompanied by an order, requiring that the matters complained 
 of be satisfied, or that the charges be answered in writing within a 
 time to be specified by commission. If the railroad corporation 
 
 8691 complained of shall make reparation for any injury alleged and 
 shall cease to commit or to permit the violation of law, franchise 
 or order charged in the complaint, and shall notify commission 
 of that fact before the time allowed for answer, commission shall 
 not be required to take any further action upon the charges. If, 
 however, said charges be not thus satisfied, and it shall appear to 
 
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 I 
 
commission that there are reasonable grotinds therefor, it shall 
 investigate such charges in such manner and by such means as it 
 shall deem proper, and after notice and hearing take such action 
 within its powers as the facts justify. Laws igii, ch. 164, sec. 
 10(a). 
 
 NEW MEXICO Any person, firm, corporation, association, 
 
 chamber of commerce, board of trade or any commercial, mer- 
 cantile, agricultural, mining, manufacturing or other organiza- 
 tion or common carrier complaining of any charge or rate of any 
 railway, express, telegraph, telephone, sleeping car, transporta- 
 tion or transmission company or common carrier within this 
 
 3692 state or having any grievance against any railway company, 
 transportation company or common carrier as to any matter, 
 may initiate a proceeding before commission by petition or letter 
 to obtain such relief as is within the powers of commission to 
 grant. Such letter shall also be known as a petition, and a com- 
 plaint of any charge or rate shall be known as a grievance. Com- 
 mission may also, of its own motion, initiate a proceeding as to 
 any such matters. Laws igi2, ch. yS, sec. 2. 
 
 The petition shall set forth the facts constituting the griev- 
 ance and shall contain a prayer for the relief demanded. Any 
 
 3693 party, other than commission, initiating such proceeding shall be 
 known as the petitioner, and the party or parties complained of 
 and any party concerned therein other than commission or the 
 petitioner, shall be known as the defendant. Same. 
 
 Any person, firm, corporation, association, chamber of com- 
 merce, board of trade or any commercial, mercantile, agricul- 
 tural, mining, manufacturing, or other organization or common 
 carrier not parties may apply for leave to intervene in any pro- 
 
 3694 ceeding and shall be heard therein and shall be known as an inter- 
 venor. Such intervention shall set forth the intervenor's interest 
 in the proceeding. Leave granted in such application shall en- 
 title the intervenor to appear and be treated in all respects as a 
 party to the proceeding. Same. 
 
 NEW YORK Complaints may be made to the proper com- 
 
 mission by any person or corporation aggrieved, by petition or 
 complaint in writing setting forth any thing or act done or omitted 
 to be done by any common carrier, railroad corporatoin or street 
 railroad corporation in violation, or claimed to be in violation, of 
 any provision of law or of the terms and conditions of its franchise 
 
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