Indictment for failure to furnish cars without discrimination,— see

ante, § 37, note [24].

Suits by individuals to enforce penalties for failure to file reports,see ante, § 46, note.

The amount in controversy," which determines whether a suit to enforce an order of a state commission or for penalties can be removed to a federal court, is the total amount of the penalties which might be collected under such order or suit.- McNeill v. So. R. Co., 202 U. S. 543, 26 Sup. Ct. R. (U. S.) 722.

The power of the state to impose fines and penalties for a violation of its statutory requirements is coeval with government; and the mode in which they shall be enforced, whether at the suit of a private party, or at the suit of the public, and what disposition shall be made of the amounts collected, are merely matters of legislative discretion.- Missouri Pac. R. Co. v. Humes, 115 U. S. 512, 6 Sup. Ct. R. (U. S.) 110, affg. s. c. 82 Mo. 221.

A carrier who has since conformed with a ruling of the Interstate Commerce Commission should not be prosecuted for violations of the Interstate Commerce Act in that respect before such ruling was made, and pursuant to a construction of the Act, then approved by the carrier's counsel. Slater v. No. Pac. R. Co., 2 Inters. Com. R. 32, 243, 2 I. C. C. R. 359.

Where there is a reasonable doubt as to the construction of a statute prescribing a penalty for its violation, the party of whom the penalty is claimed is entitled to the benefit of it.- Goodspeed v. Ithaca St. R. Co., 184 N. Y. 351, 77 N. E. 392, affg. s. c. 88 App. Div. (N. Y.) 147, 84 N. Y. Supp. 383.

That other companies are violating a municipal ordinance as to speed of trains and are not prosecuted, is no defense to an action for a penalty against one railroad charged with violating such ordinance.- City of Buffalo v. N. Y. L. E. & W. R. Co., 152 N. Y. 276, 46 N. E. 496, affg. s. c. 6 Misc. (N. Y.) 630, 27 N. Y. Supp. 297.

More than one penalty may be recovered in a suit brought in behalf of the public.- Deyo v. Rood, 3 Hill (N. Y.), 527.

In prosecutions to recover for a violation of a statute of Iowa providing that railroads shall charge reasonable rates, the state is precluded from denying that rates fixed by the railroad commission are reasonable. Burlington, C. R. & N. R. Co. v. Dey, 82 Iowa, 312, 48 N. W. 98, 12 L. R. A. 436n.

A private relator cannot use the name of the state in an action to enforce the statutory penalties against a railroad for failing to file a report, as required by law. State ex rel. Hodge v. Marietta & N. G. R. Co., 108 N. C. 24, 12 S. E. 1041.

It is not improper to join several counts for distinct penalties, the total being the sum in controversy for the purpose of determining the jurisdiction of a court over the case.- Gibson v. Gault, 33 Pa. 44.

Under a statute regulating the speed of trains within the limits of a city and providing for the recovery of a penalty for each and every violation of the said act, cumulative penalties may be recovered.— State v. Wisconsin Cent. R. Co., 113 N. W. (Wis.) 952.

§ 60. Duties of commissions as to interstate traffic; * [commissions as complainants before interstate commerce commission].-Either commission may investigate freight rates on interstate traffic on railroads within the state, and when such rates are, in the opinion of either commission, excessive or discriminatory or are levied or laid in violation of the interstate commerce law, or in conflict with the rulings, orders or regulations of the interstate commerce commission, the commission may 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.

Power of Interstate Commerce Commission to conduct investigations upon complaint of state railroad commissions or commissioners,— see Interst. Com. Act, § 13, post, Appendix B.

Power of Commission to investigate of its own initiative,- see ante, § 48, subd. 1.

General rules of statutory construction,—see ante, § 1, notes [23][40].

Effect of vacancies on power of commission,-see ante, § 4, note [5]. When Interstate Commerce Commission will leave adjustment of rates to state commissions,- see also ante, § 25, note [20].

When a state commission has power directly or indirectly to remedy a situation which mainly concerns that state, the Interstate Commerce Commission will leave the matter to the action of the state authorities, even though an interstate rate is involved.- Dallas Freight Bureau v. Tex. & P. R. Co., 8 Inters. Com. R. 33.

Rates for interstate passenger traffic will not necessarily be reduced to the sum of the state rates now in force by operation of state law.— Savannah Bureau v. Charleston & S. R. Co., 7 Inters. Com. R. 601.

A state railroad commission is a proper complainant before the Interstate Commerce Commission as to any matter of interstate charges into *Words in brackets not a part of section heading as enacted.-Ed.

its state which it has investigated and found unreasonable.- Railroad Commission of Ga. v. Clyde Ss. Co., 4 Inters. Com. R. 120, 5 I. C. C. R. 324.

The state commission may act as complainant before the Interstate Commerce Commission, and in such capacity is an instrument for the transmission of the complaint to the federal commission.— Railroad Commission of Florida v. Savannah, F. & W. R. Co., 3 Inters. Com. R. 414, 688, 5 I. C. C. R. 13.

ARTICLE IV.

Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity. SECTION 65. Application of article.

66. General powers of commissions in respect to gas and electricity. 67. Inspection of gas and electric meters.

68. Approval of incorporation and franchises; certificate.

69. Approval of issue of stock, bonds and other forms of indebted

ness.

70. Approval of transfer of franchise.

71. Complaints as to quality and price of gas and electricity; investigation by commission; forms of complaints.

72. Notice and hearing; order fixing price of gas or electricity, or requiring improvements.

73. Forfeiture for noncompliance with order.

74. Summary proceedings.

75. Defense in case of excessive charge for gas* and electricity. 76. Jurisdiction.

77. Powers of local officers.

§ 65. Application of article.- This article shall apply to the manufacture and furnishing 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.

General rules of statutory construction,- see ante, § 1, notes [23]-[40].

The words " any gas company " in an ordinance relating to charges, includes companies furnishing natural gas as well as those furnishing manufactured gas.- Cline v. Springfield, 10 Oh. Dec. 389.

Headnote of section as enacted (post, § 75) has the word "or" instead of the word "and."

§ 66. General powers of commissions in respect to gas and electricity.- Each commission shall within its jurisdiction:

1. [As to wires, conduits. etc.]* Have the general supervision of all persons and corporations having authority under any general or special law or under any charter or franchise to lay down, erect or maintain wires, pipes, conduits, ducts or other fixtures in, over or under the streets, highways and public places of any municipality, for the purpose of furnishing or distributing gas or of furnishing or transmitting electricity for light, heat or power, or maintaining underground conduits or ducts for electrical conductors.

2. [As to methods of manufacture and supply.]* Investigate and ascertain, from time to time, the quality of gas supplied by persons, corporations and municipalities; examine the methods employed by such persons, corporations and municipalities in manufacturing and supplying gas or electricity for light, heat or power and in transmitting the same, and have power to order such improvements as 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, or in the maintenance and operation of the works, wires, poles, lines, conduits, ducts and systems maintained in connection therewith.

3. [As to standards of purity and efficiency.]* Have power to fix the standard of illuminating power and purity of gas, not less than that prescribed by law, to be manufactured or sold by persons, corporations or municipalities for lighting, heating or power purposes, and to 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 or municipalities generating and selling electric current for lighting, and by order to require the gas so manufactured or sold to equal the standard so fixed by it, and to establish the regulations as to pressure at which gas shall be delivered. For the purpose of determining whether the gas sold by such persons, corporations or municipalities for lighting, heating or power purposes conforms to the standard of illuminating power and purity and, of its own motion, examine and investigate the methods employed in manufacturing, delivering and supplying the gas so sold, and shall have access through its members or persons employed and authorized by *Matter in brackets not a part of the section as enacted.

it to make such examinations and investigations to all parts of the manufacturing plants owned, used or operated for the manufacture or distribution of gas by any such person, corporation or municipality. Any employee or agent of the commission who divulges any fact or information 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 the commission, or by a court or judge thereof, or authorized by law, shall be guilty of a misdemeanor.

4. [As to uniform system of accounts.]* Have power, in its discretion, to prescribe uniform methods of keeping accounts, records and books, to be observed by the persons, corporations and municipalities engaged in the manufacture, sale and distribution of gas and electricity for light, heat or power.

5. [To inquire as to methods, etc.]* Examine all persons, corporations and municipalities under its supervision, keep informed as to the methods employed by them in the transaction of their business and see that their property is 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.

6. [As to annual reports.]* Require every person and corporation under its supervision to submit to it an annual report, verified by the oath of the president, treasurer, or general manager thereof, showing in detail (1) the amount of its authorized capital 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 and as interest upon its bonds; (5) the name of, and the amount paid as salary to each officer and the amount paid as wages to its employees; (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 operation and maintenance of the plant and system, and the affairs of such person or corporation as may be required by the commission. Such reports shall be in the form, cover the period and be submitted at the time prescribed by the commission. The commission may, from time to time, make changes *Matter in brackets not a part of the section as enacted.