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Jart, or the tvcrtcate of, auch rates. 1 ares, ana classifications, or the value or the service rendered to the Jiassenger, shipper or consignee. Sub-* ect to such rules and regulations as the commission may prescribe, such schedules shall be plainly printed in large type, and copy thereof shall bo kept by every such carrier readily ac cessible to and for Inspection by the public in every station or office of such carrier where passengers or property are respectively received for transpor tation when such station or office is In charge of an agent, and in every station or office of such carrier where £assenger tickets or tickets for sleep ig, parlor car or other train accom modations are sold or bills of lading or waybills or receipts for property are Issued. Any or all of such schedules kept as aforesaid shall be immediately frodueed by said carrier for informa lon' upon the demand of any person. A notice printed in bold type and stat ing that such schedules are on file with the agent and open to inspection by any person, and that the agent will assist any person to determine from such schedules any rates, fares, rules o,r reg ulations in force, shall be kept posted by the carrier in two public and con spicuous places in every station or of fice. The form of every siich schedule shall be prescribed by the commission and shall conform in the case of com mon carriers subject to the act of con gress entitled, "An Act to Regulate Commerce," approved February 4, 1887. and the acts amendatory thereot and supplementary thereto, as nearly as may be to the form of schedules pre scribed by the interstate commerce commission under said act. (b) Under such rules and regulations as the commission may prescribe, every public utility other than a common carrier shall file with the commission within such time and in such form as the commission may designate, and shall print and keep open to public Inspection schedules showing all rates, tolls, rentals, charges and classifica tions collected or enforced, or to be collected or enforced, together with all rules and regulations, which in any manner affect or relate to rates, tolls, rentals, classifications or service. Un less otherwise provided by the com mission, such schedule shall be filed not later than ninety days after this act becomes effective. Such public utility in said schedule shall fix the rates, tolls, rentals or charges to be collected or enforced by it, and there after the same may not be changed or modified by such utility, except in the manner in this act provided. The form of every such schedule shall be prescribed by the commission, and, as to telephone and telegraph companies shall conform to the act of congress entitled, "An Act to Regulate Com merce," approved February 4, 1887, and to the acts amendatory thereof and supplementary thereto, and such as may be hereafter enacted by the con gress of the United States, and as nearly as mav be, to the form of schedules prescribed by the interstate commerce commission under said act. Nothing in this section contained shall firevont the commission from approv ng rates, tolls, rentals or charges, from time to time in excess of or less than those shown by said schedules. (c) The commission shall have power, from time to time, in its dis cretion, to determine and prescribe by order such changes in the form of the schedules referred to in this section as it may find expedient within the pur view of the foregoing provisions, and to modify the requirements of any of Its orders, rules or regulations in re spect to any matter in this section re ferred to. Section 15. Unless the commission otherwise orders, no change shall be made by any public utility In any rate, fare, toll, rental, charge or classifica tion, or in any rule or regulation re lating to or affecting any rate, fare, toll, rental, charge, classification or service, except after thirty (3(f) days’ notice to the commission and to the public as herein provided. Such notice shall be given by filing with the com mission and keeping open for public Inspection new schedules stating plain ly 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. The commission, for good cause shown, may allow changes without requiring the thirty 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 pub lished. When any change Is proposed in any rate. fare, toll, rental, charge or classification, or in any rule or reg ulation relating to or affecting any rate fare, toll, rental, charge, class ification or service, attention shall be directed to such change on the sched ule filed with the commission, by some character to be designated by the com mission. Immediately preceding or fol lowing the Item. Section 16. The names of the sev eral public utilities which are parties to anv Joint tariff, rate, fare, toll, classification or charge shall be spe cified in the schedule or schedules showing the snme. Unless otherwise ordered by the commission, a schedule showing such joint tariff, rate. fare, toll, classification or charge need be filed with the commission by only one of the parties to it; provided, that there is also filed with the commission in such form as the commission may require a concurrence in such Joint tariff, rate, fare, toll, classification or charge by each of the other parties thereto. Section 17. (a) 1. No common carrier subject to the provisions of this act shall continue in the transportation of persons or property, between points within this state, longer than said ninety days allowed for filing its achedulo as aforesaid, unless its sched ules of rates, fares, charges and classi fications shall have been filed and pub lished In accordance with the provi sions of this act. 2. No common carrier shall charge, demand, collect or receive a greater or less or different compensatlou for the transportation of persons or property or for any service In connection there with. than the rates, fares and charges applicable to such transportation as specified in its schedules filed and In effect at the time; nor shnll any such carrier refund or remit in any manner or by any device any portion of the rates, fares or charges so specified, ex cept upon order of the commission as hereinafter provided, nor extend to any corporation or person any privilege or facility In the transportation of pas sengers or property except such as arc regularly and uniformly extended to all corporations and persons, provided, that common curriers may make spe cial shipment of perishable products and live stock, and handle the sutne accordingly; und, provided, further, that the commission may by rule or order permit such exceptions from the operation of this prohibition ns it may consider it Just and reasonable as to •ach public utility. 3. No public utility, subject to the f 'revisions of this act shall, directly or ndirectly, issue or give or grant any free ticket, free puss or free transpor tation for passengers or property, be tween points within this state, or free pusses or franks or service by tele graph or telephone companies, except to Its officers, employees, agents, at torneys, surgeons, phyxiciuns und members of their families; to the of ficers, agents, employees, uttorney, surgeons und physlcluns of other com mon curriers, and telephone and tele graph companies, unu members of their families; to rullwny mull service omployes, post office Inspectors, news boys on trains, buggugc agents, per sons Injured in accidents or wrecks, and physicluns attending such per sons, and to the currluge, free or at reduced rates, of property or persons, or messages for the United States or state governments, or for charitable purposes, or to provide relief In cases of general epidemic, pestilence or other calamitous visitation, and property to and from fairs or expositions for ex hibit thereat; also contractors nnd their employes, Tnuterlal or supplies for use or engaged in carrying out their contracts with said carriers, for construction, operation or muintenunce work or work incidental thereto on the line of the Issuing currier, to the ex tent ot’ly that such free or reduced rate transportation is provided for in the specifications upon which tin contract Is based and in the contract itsolf; provided, that nothing in this act contained shall be construed to prohibit the Issue of passes or franks, or to give free service by telegraph or telephone corporntJons to their of ficers, agents, employes, attorneys. physicians and surgeons, and members of their families, or the exchange of passes or franks or free service be tween such telegraph and telephone corporations and common carriers, for their officers, agents, employes, attor neys, physicians and surgeons, and members of their families, nor to pre vent common carriers to make excur sion rates, and telephone and telegrapn companies to make reduced rates tem porarily, If extended to all corporations and persons alike. (b) Except as in this act otherwise provided, no public utility shall charge, demand, collect or receive a greater or less or different compensation for any product or commodity furnished or to be furnished, or for any service ren dered or to be rendered, than the rates, tolls, rentals and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit di rectly or indirectly, in any manner or by any service, any portion of the rates, tolls, rentals and charges so spe cified, nor extend to any corporation or person any form of contract or agreement as to rates, tolls, rentals and charges or any rule or regulation except such as are regularly and uni formly extended to all corporations and persons; provided, that messages by telegraph, telephone or cable, subject to the provisions .of this act, may be classified by the utility into di*y, night, repeated, unrepeated, letter, commer cial. press, government and such other classes as are just and reasonable, and different rates may be charged for the different classes of messages: and, pro vided, further, that nothing In this act shall be construed to prevent telegraph, telephone and cable companies from entering into contracts with common carriers for the exchange of services at rates common to all common car riers of like class. Section 18. Every telegraph and telephone corporation shall print and file or cause to be filed with the'eom mission schedules showing all the rates, fares, tolls, rentals, cnarges and classifications for the transmission of messages or conversations between all points within this state upon its lines and between all points within this state upon every line leased, operated or controlled by it, and between all points on its line or upon any lines leased, operated or controlled by it within this state and upon the line of any other telegraph or telephone cor poration whenever a through line and joint rate shall have been established between any two such points. Section 19. Except as in tills act pro vided, no public utility shall, as to rates, charges, service, or in any other respect, make or grant any preference or advantage to any corporation or per son or subject any corporation or per son to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges or service, either as between localities or as between classes of service: provided, that as to telegraph, telephone, heat, water, power, electric light and gas com panies, uniformity of rates as to ex changes and plants in different local ities, and toll charges for telephone service between different localities, need' not be observed, und geographical location of exchanges, toll stations and plants may be considered in fixing rates by telegraph, telephone, heat, wa ter. power, electric light and gas com panies. Section 20. Nothing in this act shall be taken to prohibit any public utility from Itself profiting, to the extent per mitted by the commission, from any economies, efficiencies or improvements which it may make, and from distribut ing byway of dividends, or otherwise disposing of, the profits to which it may be so entitled. Section 21. Nothing in this act shall be taken to prohibit a corporation or person engaged in the production, gen eration. transmission or furnishing of heat, light, water or power, or tele graph or telephone service, from es tablishing a sliding scale of charges; provided, that a schedule showing such scale of charges shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Nothing in this act shall be taken to prohibit any such corporation or person from entering into an arrangement for a fixed period for the automatic adjustment of charges for heat, light, water or power, or telegraph or telephone service, in relation to the dividends to be paid to stockholders of such corporation, or the profit to be realized by such person or corporation; provided, that a sched ule showing the scale of charges under such arrangement shall first have been filed with the commission and such schedule and each rate set out therein approved by it. Section 22. Every common carrier shall afford all reasonable, proper and equal facilities for the prompt and ef ficient Interchange and transfer of pas; sengers, tonnage and cars, loaded or empty, between the lines owned, oper ated. controlled or leased by it and the lines of every other common carrier, und shall make such Interchange and transfer promptly without discrimina tion between shippers, passengers or carriers either as to compensation charged, service rendered or facilities afforded. Every railroad corporation shall receive from every other railroad coriwKratlon. at any point of connection, freight cars of proper standard and in proper condition, and shall haul the same either to destination, if the desti nation be upon u line owned, operated or controlled by such railroad corpora tion. or to point of transfer according to route billed, if the destination be upon the line of some other railroad corporation, but this act shall not be construed as requiring any common carrier to give the use of its tracks or terminal facilities to another com mon carrier engaged In like business. Nothing in this section contained shall be construed as in any wise lim iting or modifying the duty of a com mon carrier to establish Joint rates, fares and charges for the transporta tion of passengers and property over the lines owned, operated, controlled or leased by it and the lines of other common carriers, nor as in any man ner limiting or modifying the power of the commission to require the estab lishment of such Joint rates, fares and charges. Section 23. (a) 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 re port of weight, or by any other device or means assist, suffer or permit any corporation or person to obtain trans portation for any person or property between points within this state at less than the rates and fares then estab lished and In force as shown by the schedules filed and In effect at the time. No person, corporation, or any officer, agent or employee of a cor poration shall, by means of false bill ing. false or incorrect classification, false weight or weighing, false repre sentation as to contents or substance of a package, or falso report.or state ment of weight, or by any other de vice or means, whether with or with out the consent or connivance of a common carrier or any of its officers, agents or employees, seek to obtain or obtain such transportation for such property at less than the rates then established and in force therefor. (b) No person or corporation, or any officer, ugent or employee of a cor poration. 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 tiie use of any false billing, bill of lading, receipt, Toucher, roll, account, cluim, certificate, affidavit or deposi tion, or upon any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate or payment for damage, in con nection with or growing out of the transportation of persons or property or an agreement to transport such per sons or property, whether with or without the consent or connivance of a common carrier or any of Its officers, agents or employees, nor shull any common barrier, <>r any offloar, agent or employee thereof, knowingly pay or offer to pay any such allowance, rebate or claim for damage. Section 24. All common carriers ac cepting live stork anil perishable fruit under the provisions of tills act, must move from point of origin to destina tion within the state at an average speed of not lens thnn ten miles per hour* including all stoppages except where prevented by an unavoidable ac cident or unusual storm. Section 25. After delivery of the car or curs to the applicant by the com mon carrier, forty-eight hour* shall ba allowed to the applicant to load said cars, computing from seven a. m. the day following the delivery of the cars, and upon failure ao to d'o the common carrier shall be entitled to collect from said uppllcant the sum of one dollar per day for each car not returned loaded to the common carrier within the time thus allowed, and if the ap plicant shall not use the cars applied for the common carrier shall be en titled to collect the sum of one dollar per car per day and a reasonable switching charge for each car so deliv ered and not used, provided, that se vere storms, or causes which make de livery of product or stock at the load ing point practically impossible to the applicant for cars, shall, while such conditions prevail, exempt such appli cant for cars, from the penalty above named. Section 26. A consignee or other in terested party shall be allowed forty eight hours of free time to unload cars of thirty tons capacity or tonnage, or less, and an additional twenty-four hours of free time shall be allowed on cars of greater tonnage or capacity, taking each track delivery computed from seven a. m. of the day following the day notice of arrival of the cars and of the placing at an accessible point for unloading is given to the con signee or other Interested party, and thereafter the common carrier may col lect a charge of one dollar per day or fraction of u day during which cars are not unloaded or returned to the common carrier. Cars of live stock shall be placed for unloading within two hours after reaching destination. In the event that cars are bunched and , delivered, through any negligence of the carrier, to the consignee, or the party whose Interest therein may ap pear. in numbers beyond his reasonable ability to unload within the free time herein allowed, he shall be granted by the carrier such additional time as may be necessary to unload cars in the or der of their shipment. Section 27. No street or interurban railroad corporation shall charge, de mand, collect or receive more than five cents for one continuous ride in the same general direction within the cor porate limits of any municipality known as a city and county, or city or town, except upon a showing before the commission that such greater charge is justified; provided, that until the decision of the commission upon such showing, a street or interurban railroad corporation may continue to demand, collect and receive the fare in effect as shown by the schedule filed with the commission. Every street or Interurban railroad corporation shall upon such terms as the commission shall find to be just and reasonable furnish to its passengers transfers en titling them to one continuous trip in the same general direction over and upon the port-ions of its lines within the same municipality known as a city and county, or city or town, not reached by the originating car. Section 28. (a) Every public utility shall furnish to the commission in such form and such detail as the commis sion shall prescribe, all 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 the commission. (b) Every public utility receiving from the 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 propounded therein; in case it is unable to answer any question, it shall give a good and sufficient reason for such failure. (c) Whenever required by the com mission, every public utility shall de liver to the commission copies of any or all maps, profiles, contracts, agree ments. franchises, reports, books, ac counts, papers and records in its pos session or in any way relating to its property or affecting its business, and ulso a complete inventory of all its property in such form as the commis sion may direct. . . (d) No information furnished to the commission by a public utility, except such matters as are specifically re quired to be open to public inspection by the provisions of this act, shall be open to public inspection or made pub lic except on order of the commission, or by the commission or a commis sioner in the course of a hearing or proceeding. Any officer or empire of the commission who, in violation of the provisions of this subsection, divulges any such information shall be guilty of a misdemeanor. Section 29. Every public utility shall annuallv furnish to the commission at such time and in such form as the commission may require, a report in which the utility shall specifically answer all questions propounded by the commission upon or concerning which the commission may desire informa tion. Section 30. The Public Service Com mission Is hereby vested with, power and jurisdiction to supervise an* regu late. but In no manner to manage or operate, every public utility in the state and to do all things, whether herein specifically designated or in ad dition thereto; which are necessary and convenient In the exercise of such power and Jurisdiction. No commis sion or other governmental agency of anv city, town or municipality, shall possess' or have any jurisdiction or power over any public utility, subject to the provisions of this act. in or about any matter or thing within the purview of this act. Section 31. Whenever the commis sion. 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, demanded, observed, charged or collected by any public utility for any service or preduct or commodity, or in connection therewith, including the rates or fores for excursion or com mutation tickets, or that the rules or regulations, or any of them, affecting such rates. fares, tolls, rentals, charges or classifications, or -any of them, ure unjust, unreasonable, dis criminatory or preferential, or in any wise in violation of any provision of law, or that such rates, fares, tolls, rentals, charges or classifications are Insufficient, the commission shall de termine tiie Just, reasonable or suffi cient rates, fares, tolls, rentals, charges, classifications, rules or regu lations to be thereafter observed and In force, and shall fix tiie same by or der as hereinafter provided; provided, that In tiie matter of fixing tiie rates of a telephone, telegraph, heat, water, power, electric light or gas company, under any provision of this act. due consideration shall be given to the earning*. Investment and expenditures of said company, as a whole, within this state, and as to rates Iri local ex changes or offices or plants of any telephone. telegraph, heat, water, power, electric light or gas company, the geographical location thereof shall as well be considered. Section 32. • Whenever tiie commis sion. after u hearing had upon its own motion or upon complaint, shall find that tiie rates, fares or charges in force over two or more common car riers, between any two points in this state, are unjust, unreasonable or ex cessive. or that no satisfactory through route or Joint rute. fare or charge ex ists between such points, ami that tiie public convenience and necessity de mand tiie establishment of a through route and Joint rate, fare or charge between swell points, the commission may order such common carriers to establish sucii through route and may establish ami fix a Joint rate, rate or charge which will bo fair, Just, reason aide und sufficient, to be followed, churged. enforced, demanded und col lected in tiie future, und tiie terms and conditions under which such through route shnll be operated. The commis sion may order that freight moving between such points shall lie carried by tiie different common carriers, par ties to such through route and Joint rnte, without being transferred from the originating curs. In ease the com mon carriers do not agree upon, the division between them of the Joint rates, fares or charges established bv the commission over such through route, the commission shall, after hear ing, by supnlemental order, establish such division: provided, that where any railroad which Is made n party to a through route bus itself over its own line an equally satisfactory through route between tin* termini of the through route established, such rnil road ahull 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 line comprised In auch through route, and the com mission may, ,ln its discretion, allow to such railroad mop-' than its local rate, fare, or charge ‘vhenever It will lie equitable so to ao, Vhe commission shall have the powe;. n establish and fix through routes ail'd Joint rates, fares or charges over common car riers and stage or auto stage lines and to fix the division of such Joint rates, fares or charges. Section 33. The commission shall nave power, after a hearing hud upon Its own motion or upon complaint, by general or special orders, rules or reg ulations, or otherwise, to require every common carrier to maintain and oper ate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passenger'!, customers, and the public, and to this end to prescribe, among other things, the Installation, use, maintenance and operation of appro priate safety or other devices or ap pliances, Including interlocking and other protective devices at grade crossings or junctions and block or other systems of signalling, to estab lish uniform, or other standards of equipment, and to require tiie perform ance of any other act which the health or safety of its employees, passengers, customers or the public may demand. Section 34. Tiie commission shall in vestigate the cause of all accidents oc curring within this state upon the property of any public utility or di rectly or Indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and re quiring, in the judgment of the com mission, investigation by I it, and shall have the power to make Auch order or recommendation with respect thereto as in its Judgment may seem Just and reasonable; provided, that neither the order nor recommendation of the com mission, nor any accident report filed with the commission, shall be admitted as evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in tills section referred to. Every pub lic utility is hereby required to file with the commission, under such rules and regulations as the commission may prescribe, a report of each acci dent so occurring of such kinds or classes as the commission may from time to time designate. Section 35. (a) The commission, sub ject to the provisions of this act, shall have power to provide by proper rules and regulations the time within which all railroad corporations shall furnish, after demand therefor, all ears, equip ment and facilities necessary for tiie handling of freight in carload and less thnn carload lots, the time within which consignors or persons ordering cars shall loud tiie same, and the time within which consignees or persons to whom freight may be consigned shall unload and discharge the same and re ceive freight from the freight rooms, and to provide penalties to be paid for failure on the part <»f tiie railroad cor porations. consignors and consignees to conform to such rules. Charges for de murrage shall be unitorm so that the same penalty shall be paid by both shipper or consignee and railroad cor poration for an equal number of cars for each day for which demurrage is charged. (b) The commission shall also have the power to provide the time within which express packages shall be re ceived. gathered, transported and de livered at destination, and the limits within which express packages shull be gathered and distributed. Section 36. (a) The commission shall have power, after hearing had upon its own motion or upon complaint, to as certain and fix just and reasonable standards, classifications, regulations, practices, measurements, or service to be furnished, imposed, observed and .followed by all electric light, gas and water corporations; to ascertain and fix adequate and serviceable standards for the measurement of quality, quan tity. pressure. Initial voltage or other condition pertaining to the supply of the product, commodity or service fur nished or rendered by any such public utility: to prescribe reasonable regula tions for the examination and testing of such product, commodity or service and for tiie measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appli ances for measurements; and to pro vide for the examination and testing of any and all appliances used for the measurement of any product, commod ity or service of any such public util ity. (b) The commissioners and their of ficers and employees shall have power to enter upon any premises occupied by any such public utility, for the pur pose of making the examinations and tests and exercising any of the other powers provided for In tills act. and to set up and use on such premises any apparatus and appliances necessary therefor. - The agents and employees of such ppbllc utility shall have the right to be present at the making of such examinations and tests. Section 37. Tiie commission shall have power to ascertain tiie value of the property of every public utility in this state and every fu< t which in its judgment may or docs have any bear ing on auch value. The commission shall have power to make re-valuations from time to time and to ascertain all new construction, extensions and ad ditions to tiie property of every public utility. Section 38. Tiie commission shall have power to establish a system of accounts to be kept by the public util ities subject to its jurisdiction, or to classify said public utilities and to es tablish a system of account for each class, and to prescribe tiie manner in which such accounts shall be kept. The system of accounts established by the commission und the forms of accounts, records and memoranda prescribed by it shall not be inconsistent In the cuse of corporations subject to tiie provi sions of tiie act of congress entitled, "An act to regulute commerce," ap proved February fourth, eighteen hun dred und eighty-seven and tiie acts amendatory thereof and supplementary thereto, with tiie systems and forms from time to time established for such corporations hy tiie Interstate com merce commission, but nothing herein contained shull affect the power of the commission to prescribe forms of ac counts. records and memoranda cover ing information in addition to that re quired by the interstate commerce commission. Section 39. The commission shall, after hearing, require any or all pub lic utilities to carry a proper and ade quate depreciation account In accord ance with such rules, regulations and forms of account as the commission may prescribe. Tiie commission may. from time to time, ascertain und de termine and by order fix the proper and adequate rates of depreciation of the several classes of property of each public utility, where those fixed by the utility are not sufficiently large. Eucli public utility shall conform Its depreciation accounts to the rutes so ascertained, determined and fixed, and shull set uslde the moneys provided for out of earnings und carry the same In a depreciation fund and expend such fund only for such purposes and under such rules and rtfUlttloill. both as to original expenditure and subsequent re placement, us the commission may pre scribe. Tiie Income from Investments of moneys In such fund shall likewise be curried in such fund. Section 40. (n) No street railroad corporation, gun corporation, electrical corporation, telephone corporation or water corporation shall henceforth be gin construction of a street railroad, or of a line, plant or system, or of any extension of such street railroad, or line, plant, or system, without having first obtained from the commission a certificate that the present or future public convenience and necessity re quire or will require such’ construc tion; provided, that this section shall not he construed to require any such corporation to secure such certificate for an extension within any city und county or cltv or town within which It shnll have theretofore lawfully corn • menced operations, or for an exten sion into territory, either within or without a city and county or city or town, contiguous to Its street railroad, or line, plant or system, und not there tofore served by a public utility of like character, or for uu extension within or to territory already served by it, necessary In the ordinary course of Its business; and provided further, that if any public utility. In constructing or extending its line, plant or system •h«U interfere or be about to Interfere 1 with the physical property or operation of the line, plant or system of any other public utility already construct ed, the commission, on complaint of the public utility claiming to be injurious ly 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; and provided further, that neither said certificate, nor a franchise, license or other consent shall be given or granted to an applying public utility for the right to construct or operate a tele phone, electric light, gas or street railway plant of system or business In any city, town, village or locality then occupied by another such utility, giv ing like service, which is able, willing and capable of serving said city, town* village or locality under Its then exist ing plant or system, or as the same may be extended or constructed. (b) No public utility of a class spe cified in subsection (a) hereof shall henceforth exercise any right or priv ilege under any franchise or permit hereafter granted, or under any fran chise or permit heretofore granted but. not heretofore actually exercised, or the exercise of which has been sus pended for more than one year, with out first having obtained from the com mission a certificate that public con venience and necessity require the ex* erclse of such right or privilege; pro vided, that when the commission shall find, after hearing, that a public util ity has heretofore begun actual con struction work and is prosecuting such work, in good faith, uninterruptedly and with reasonable diligence in pro portion to the magnitude of the under taking, under any franchise or permit heretofore granted but not heretofore actually exercised, such public utility may proceed to tho completion of such work, and may. after such completion, exercise such right or privilege; pro vided. that nothing in this act con tained shall prevent any utility frotp exercising any right or privilege given or granted by the constitution or gen eral laws of the state of Colorado. (c) Before any certificate mav issue, under this section, a certified copy of Its articles of incorporation or char ter, if the applicant be a corporation, shall be filed in the office of the com mission. The commission shall have power, after hearing, to issue said cer tificate, as prayed for, or to refuse to issue tho same, or to Issue it for the construction 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 tho exercise of the right granted by said certificate such terms and conditions as in its Judgment the public convenience and necessity may require. 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 mav apply to the commission for an order prelim inary to the issue of the certificate. The commission may thereupon make an order declaring that it will there after, unon application, under such rules and regulations as it mav pre scribe. Issue the desired certificate, upon such terms and conditions as It may designate, after the public utility has' obtained the contemplated fran chise or permit. Upon the presenta tion to the commission of evidence sat isfactorv to it that such franchise or permit has been secured by such public utility, the commission shall thereupon issue such certificate. Section 41. Every public utility cor poration shall have the right to pur chase or otherwise acquire, and to take, hold, own and control, any part or all of the capital stock of any other public utility engaged In the same general business, organized or existing under or by virtue of the laws of this state or anv other state, and doing business in this state, or any other state or territory, occupied or about to be oc cupied by such purchasing utility; pro vided. however, that a utility may not purchase the stocks or bonds of an other utility engaged in a different class of business. Section 42. (a) A public utility may issue stocks and stock certificates, and bonds, notes and other evidences of indebtedness payable at periods of more than twelve' months after the date thereof, for the following pur poses, and no others, namely, for the ac quisition of property, or for the con struction, completion, extension or Im provement of its facilities, plant, sys tem and instrumentalities, 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 ex pended from income or from any other moneys In the treasurey of tiie 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 fil ing of an application with the com mission for the required authorization, for any of the aforesaid purposes ex cept maintenance of service and re placements. in cases where the appli cant shall have kept Its account and vouchers for such expenditures in such manner as to enable tho commission to ascertain the amount of moneys so ex pended and the purposes for which such expenditure was made; provided, that such public utility, in addition to tiie other requirements of law. shall first have secured from the commis sion an order authorizing such issue, and stating the amount thereof and the purpose or purposes to which the Is sue or tiie proceeds thereof are to be applied, and that, in the opinion of the commission, the money, property or la bor 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 In debtedness such purpose or purposes are not, In whole or In part, reasonably chargeable to operating expenses or to Income.* To enable it to determine whether it will Issue such order, the commission may hold a hearing, and mav make auch additional inquiry or investigation, and examine such wit nesses, books, papers, documents and contracts and require the filing of such data as it may deetn of assistance. The commission may by its order grant permission for the issue of such stocks or stock certificates, or bonds, notes or other evidences of Indebtedness in the amount applied for. or in a lesser amount, or not at all, and may attach to the exercise of its permission such condition or conditions as it may deem reasonable and necessary. The com mission may authorize Issues of bonds, notes or other evidences of indebted ness, less (ban, equivalent to or greater than the authorized or subscribed cap ital stock of a public utility corpora tion. No public utility shall, without tiie consent of the commission, apply tiie Issue of any stock or ctock cer tificate. or bond, note or ot. *r evi dence of indebtedness, or any part thereof, or any proceeds there.f, to unf purpose not specified In the :om mission's order, or to any purpose spe cified in the commission’s order in ex cess of the umount authorized for such purpose, or issue or dispose of the same on anv terms less favorable than those specified in such order, or a modification thereof. A public utility may Issue notes, for proper purposes und not In violation of any provision of tills act or any other act, payable at periods of not more thnn twelve months after the date of Issuance of the same, without tho consent <>r the commission, but no such note shall. In whole or In purt. be refunded by any issue of storks or stock certificates, or of bonds, notes of any term or character or- any cither evidence of Indebtedness, without the consent of tiie commission. The com mission shall have no power to author | Ize tho capitalization of the right to be u corporation. (bi The commission shall have the power to require public utilities to ac count for tiie disposition of tho pro ceeds of all sales of stocks and stock certificates, and bonds. notes and other evidences of Indebtedness, in such form nnd detail ns It may deem advisable, and to establish such rule* und regulations as it may deem rea sonable and necessary to Insure the disposition of such proceeds for tho purpose or purposes specified in its or der. ' (c) Except as in this act provided, all stock nnd 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 ahull be void, and likewise all stock and every stock certificate, and every bond, note or other evidence of In debtedness, of a public utility, issued with the authorization of the commis sion, but not conforming in Its pro visions to tho provisions, if any, which it Js required by the order of author ization of the commission to contain, shall bo void; but no fullure in any other respect to comply with the terms or conditions of tiie order of au thorization of the commission shall render void any stock or stock certifi cate, or any bond, note or other evi dence of indebtedness, except as to a corporation or person taking the same otherwise than in good faith and for value and without actual notice. (d) Every public utility which di rectly or indirectly, issues or causes to be Issued, any stock or stock cer tificate, or bond, note or other evi dence of indebtedness, except ns pro vided in this act, in non-conformity with the luwful order of the commis sion authorizing the same, and con trary to the provisions of this act, ana of the constitution or laws of this state, or which applies the proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose or purposes specified in the commission's order, as herein pro vided. or as allowed by law, or to any purpose specified in the commission’s order in excess of the amount in said order authorized for such purpose. Is subject to a penalty of not less than five hundred dollars nor more than twenty thousand dollars for each of fense. (e) Every officer, or employee ot a public utility and every other per son v/ho knowingly authorizes, directs, aids In, issues or executes or causes to bo issued or executed, any stock or stock certificate. or bond, note or other evidence of Indebtedness, except as provided in this act. In non-conformity with the lawful order of tho commis sion authorizing the same, and con trary to tiie provisions of tills act nnd of the constitution or laws of this state, or who, in any proceeding before the commission, knowingly makes any false statement or representation or with knowledge of Its falsity files or onuses to be filed with the commission anv false statement or representation, which said statement or representa tion so made, filed or caused to be filed may tend in uny way to Influence the commission to make an order authoriz ing the issue or any stock or stock cer tificate, or any bond, note or other evi dence of Indebtedness, or which re sults in procuring from tiie commission tiie making of uny such order, or who, with knowledge that any false state ment or representation was made to the commission, in uny proceeding, tending in any way to influence the cointnlssion 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, knowing ly applies or causes or assists to be applied tiie proceeds of any part there of from the sale of any stock or stock certificate, or bond, note or other evi dence of Indebtedness, to any purpose not specified in the commission s lawful order, or allowed hy law. or to any purpose* specified iti tiie commissions order, in excess of the amount author ized for such purpose, or who, with knowledge that any stock or stock cer tificate. or bond note or other evi dence of Indebtedness, has been Issued or executed in violation of any of the provisions of tills act, negotiates, or causes the same to lie negotiated, shall be guilty of a felony. (f) No provision of this act. and no deed or net done or performed under or in connection therewith shall be held or construed to obligate the state of Colorado to pay or guarantee in any manner whatsoever, any stock or stock certificate, or bond, note or other evi dence of indebtedness, authorized. Is sued or executed under the provisions of this act. ~ . , (g) Except as otherwise provided in this act. all stocks and stock certifi cates, and bonds, notes nnd other evi dences of indebtedness Issued by any public utility after this act takes ef fect. upon the authority of any articles of incorporation or amendments there to or vote of the stockholders or direc tors filed, taken or had, or other pro ceedings taken or had. previous to the taking effect of this act, shall be void, unless an order of tiie commission au thorizing the issue of such stocks or stock certificates or bonds, notes or other evidences of Indebtedness shall have been obtained from the commis sion prior to such issue; provided, that utility corporations now having au thorized capital stock unsold mav sell or otherwise dispose of same at not less than par when authorized bv ar ticles of incorporation or by-laws or laws of the state of Colorado, without the consent of tho commission. The commission may in all proper cases hereunder by Its order impose such condition or conditions as It may deem reasonable and necessary. Section 43. All hearings and Investi gations before the commission or any commissioner shall be governed by this act and by rules of practice and pro cedure to be adopted by the commis sion and in the conduct thereof neither the commission or any commissioner shnll he bound by the technical rules of evidence. No formality in any pro ceeding or in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the comtnis- Se'ctlon 44. The commission and each commissioner shall have power to issue writs of summons, subpu'tias and warrants of attachment In the like manner and to the same extent us courts of record. The process issued by the commission, or any commis sioner, shall extend to ull parts of the stnte and may bo served by any per son authorized to servo process of courts of record, or by any person des ignated for that purpose by tho com mission or a commissioner. The per son executing any such process, shall receive such compensation as may be allowed by the commission, not to ex ceed the fees now prescribed hy law for similar services, and such fees shall be puld In tiie same munner a* provided herein for payment of the fees of witnesses. Section 45. (a) Tiie commission and each commissioner shall fiave power to udmlnister oaths, certify to all official acts, and to issue subpoenas for the at tendance of witness**# and the produc tion of papers, way bills, books, ac counts, documents and testimony in any Inquiry, Investigation, hearing, or proceeding In any part of the state. Each witness who shall appear, by or der of the commission or a commis sioner, shall receive for his attendance the seine fees and mileago allowed by law to the witness In civil cases, which amount shall be paid by tho party at whose request such witness is sub poenaed, when any witness who has not been required to attend at the re quest of any party shall be subpoenaed bv the commission, his foe* and mile age shall be paid from tiie funds ap propriated for the use of the commis sion in tho same manner as other ex penses of the commission are paid. Any witness subpmnacd except one whose fees and mileage may be paid from the funds of the commission, may, at the time of service, demand the foe to which he is entitled for travel to and from the place at which he Is required to uppeur and one dny’s attendance If such witness demands such foes at’ the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commission or commissioner us direct ed In the suhpfunu. All foes or mile age to which any witness Is entitled under the provisions of this section tnny ho collected by action therefor Instituted by the person to whom such fees are payable. No witness furnlshnd with free transportation shall receive mileage for the distance he may have traveled on such free transportation (b) Tho district court in and for the county, or city and county, in which any Inquiry, investigation, hearing or proceeding may bo held by tho com mission or any commissioner shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers. Including way bills, books, accounts and docu" Kents, ns required by any aubpuena sued by tha commission or any com missioner. The commission or the commissioner before whom the testimony Is to he Klven nr produced, In esse of the rc fnsnl of any witness to attend or ten tlty or produce any papers requlrad by