(Neb.)

Nevada.

New
Hampshire.

New Jersey.

New York.

and take such action with reference thereto as may be provided
herein, or under the laws of this state ***." Stats. 1911, §
10650 (c).

When commission has reason to believe that any company or officer thereof has been guilty of a misdemeanor under the railway commission act it shall cause an action to be commenced in the name of the state for the penalty provided. Same, § 10663. In Western Union Tel. Co. v. State, 124 N. W. 937, it was held that a criminal action is the proper procedure under this section.

The commission shall inquire into violations of all laws of the state by companies under its jurisdiction, and report to the attorney-general. Rev. Laws 1912, § 4579.

Provision similar to that in New York (§ 96). Laws 1911, c. 164, § 10 (b), as am'd 1913, c. 145, § 9.

Whenever the commission shall be of opinion that a railroad corporation or public utility is failing or omitting, or about to fail or omit, to do anything required of it by law, or by order of the commission, or is doing anything, or about to do anything, or permitting anything or about to permit anything to be done contrary to or in violation of law or of any order of the commission it shall have authority to lay the facts before the attorney-general, and to direct him immediately to begin an action in the name of the State of New Hampshire praying for appropriate relief by mandamus or injunction or otherwise." (Procedure prescribed.) Same, § 16a.

The board shall have power, after hearing, upon notice, by order in writing, to require every public utility as herein defined:

"(a) To comply with the laws of this State and any municipal ordinance relating thereto and to conform to the duties imposed upon it thereby or by the provisions of its own charter, whether obtained. under any general or special law of this state." Laws 1911, c. 195, § 17.

must

"The commission *** of its own motion
make *** inquiry in regard to any act done or omitted to
be done by any telegraph corporation or telephone corporation in
violation of any provisions of law or in violation of any order of the
commission." Laws 1910, c. 673, Pub. Ser. Com. Law, § 96.

Whenever the commission shall be of the opinion that a telegraph corporation or telephone corporation subject to its supervision is failing or omitting or about to fail or omit to do anything required of it by law or by order, direction or requirement of the commission, authorized by this chapter, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law, or of any order, direction or requirement of the commission authorized by this chapter, it shall direct counsel to the commission to commence an action or proceeding in the supreme court of the state of New York in the name of the people of the state of New York on the relation of the commission for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. *** (Procedure prescribed.) Same, § 103.

"The commission, whenever in its judgment any corporation has violated any law, shall give notice thereof in writing to such corporation, and, if the violation or neglect is continued after such notice shall forthwith present the facts to the attorney general, who shall take such proceedings thereon as he may deem expedient." Rev. 1905, § 1113.

Commission shall inquire into violations of law. Rev. Codes 1905, § 369.

Violations of law must be reported to the governor. Same, § 4328.

Any person, firm, corporation or association, or any mercan-
tile, agricultural or manufacturing society, or any body politic or
municipal organization, complaining of anything done, or omitted to
be done, by any *** common carrier subject to the provisions
of this article, in contravention of the provisions thereof, may apply
to said commissioners by petition which shall briefly state the facts,
whereupon a statement of the complaint thus made with the dam-
ages, if any are alleged, shall be forwarded by the said commis-
sioners to such * * * common carrier, who shall be called upon
to satisfy the complaint, or to answer the same in writing within a
reasonable time to be specified by the commissioners. If such
*** common carrier within the time specified shall make
reparation for the injury alleged to have been done or shall correct
the wrong complained of, it shall be relieved of liability to the com-
plainant only for the particular violation of law thus complained of.
If it 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 the said commissioners to investigate
the matters complained of in such manner and by such means as said
commissioners shall deem proper, and said commissioners whenever
they may have sufficient reason to believe that any
mon carrier is violating any of the provisions of this article shall at
once institute an inquiry in the same manner, and to the same effect,
as though complaint had been made. ***

***

Same, § 4355.

com

If in any investigation it shall appear that a common carrier has done or omitted to do anything in violation of any law the commission shall order such common carrier to cease such violation. Same, § 4357.

See, also, Same, § 4373.

Common carrier," by definition, includes telephone and telegraph companies. Laws 1911, c. 255, amending § 4324.

North
Carolina.

North
Dakota.

When the commission is of opinion that a public utility has done, or is about Ohio. to do, anything in violation of law, it may request the attorney general to act. Laws 1911, p. 549, § 70 [614-67].

The above provision is continued in force in connection with the public utilities commission. Laws 1913, p. 804, § 20 [499-7].

"The Commission shall inquire into any neglect or violation of any law of this State or any law or ordinance of any municipality thereof by any public utility corporation doing business therein, or by the officers, agent, or employees thereof, or by any person operating a public utility, and shall have the power, and it shall be its duty to enforce the provisions of this Act, as well as all other laws relating to

Oregon.

(Ore.)

Pennsylvania.

Rhode

Island.

South
Carolina.

South
Dakota.

public utilities and report all violations thereof to the Attorney
General. Upon the request of the Commission it shall be the duty
of the Attorney General or the prosecuting attorney of the proper
county to aid in any investigation, hearing, or trial had under the pro-
visions of this Act, and to institute and to prosecute all necessary
suits, actions or proceedings for the enforcement of this Act or the
recovery of penalties payable to the State or the enforcement of any
law of this State or any law or ordinance of any municipality thereof
relating to public utilities, and for the punishment of all violations
thereof. *** Laws 1911, c. 279, § 74.

"Whenever the commission shall be of opinion that any public
service company is violating or is about to violate any provision of
this act; or has done or is about to do any act, matter, or thing herein
prohibited or declared to be unlawful; or has failed, omitted, neglected,
or refused, or is about to fail, omit, neglect or refuse, to perform, any
duty enjoined upon it by this act; or has failed, omitted, neglected, or
refused or is about to fail, omit, neglect, or refuse, to obey any lawful
requirement or final order made by the commission; or any final
judgment, order, or decree made by the Court of Common Pleas of
Dauphin County, or by the Supreme Court, then, and in every
such case, the commission may, by its counsel or assistant counsel,
institute in the name of the commission, in the Court of Common
Pleas of Dauphin County, injunction, mandamus, or other appro-
priate legal proceedings, to restrain such violations of the provisions
of this act, or of the orders of the commission, and to enforce obedi-
ence thereto; and the said court of common pleas is hereby clothed
with exclusive jurisdiction throughout the Commonwealth to hear
and determine all such actions." Laws 1913, No. 854,1 Art. VI, § 33.

"Whenever the commission shall be of the opinion that a public
utility, subject to its supervision is failing or omitting, or about to
fail or omit, to do anything required of it by law or by order of the
commission, or is doing anything, is about to do anything, or is per-
mitting anything, or is about to permit anything to be done con-
trary to or in violation of law or of any order of the commission,
it shall direct the attorney-general to commence an action or pro-
ceeding in the supreme court in the name of the commission for
the purpose of having such violations or threatened violations pre-
vented.
(Procedure prescribed.) Laws 1912, c. 795,
§ 31.

* * *

"Whenever, in the judgment of the Railroad Commissioners, it shall appear that any such corporation has violated any law, or neglected, in any respect or particular, to comply with the terms of its charter, or with the provisions of any of the laws of the State, ***they shall give notice thereof in writing to such corporation, and if the violation or neglect is continued after such notice, the Commissioners shall make application to a Circuit Judge, of a Judge thereof, in vacation, for an injunction to restrain the company complained cf from further continuing to violate the law or the terms of its charter, or for a writ of mandamus, ***." Code 1912, § 3146.

Applies to telephone companies, § 3162; and to telegraph companies, § 3327.
Whenever in the judgment of said board 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,
'Effective January 1, 1914.

* ** ""

the board shall inform such common carrier of the changes it (S. D.)

adjudges to be proper, by notice in writing. Laws 1911, c. 207, § 2.

Whenever the board has good reason to believe that any carrier is guilty of extortion or unjust discrimination it shall be its duty to immediately cause suits to be brought against such carrier. Same, § 31.

*** it is the duty of said board to inquire into any *** neglect or violation of the laws of the state governing telephone companies, by their owner or owners, or by any of their officers, agents or employes." Laws 1909, c. 289, § 2, as am'd Laws 1911, c. 218, § 1.

"That whenever the Commission shall be of opinion that an express, telephone or telegraph Company is failing or omitting to do anything required of it by law, *** or is doing anything, or about to do anything or permitting anything or about to permit anything to be done contrary to, or in violation of law *** it shall have authority to lay the facts before the Attorney General, and to direct him immediately to begin an action in the name of the State of Tennessee parrying for appropriate relief by mandamus or injunction or otherwise." Acts 1913, c. 32, § 10.

"The public service 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 respecting:

Laws

"VI. To restrain any company subject to supervision
under this act from violations of law, ***
1908, No. 116, § 9.

In case any transmission company has violated any law, or failed to comply with its charter, after notice, the commission

Tennessee.

Vermont.

Virginia.

A provision similar, except in details as to procedure, to that in New York Washington. (§ 103) is found in Laws 1911, c. 117, § 93.

"It shall be the duty of the commission to enforce the provisions of this act and all other acts of this state affecting public service companies, the enforcement of which is not specifically vested in some other officer or tribunal." Same, § 101.

"The commission is hereby given the power to investigate all
methods and practices of public service corporations, and to require
them to conform to the laws of the state.
Acts 1913, c.
9, 5.

*** ""

"The commission shall inquire into any neglect or violation of the laws of this state by any public utility doing business therein, or

West

Virginia.

Wisconsin.

(Wis.)

by the officers, agents or employes thereof or by any person oper-
ating the plant of any public utility, and shall have the power and it
shall be its duty to enforce the provisions of sections 1797m-1 to
1797m-109, inclusive, as well as all other laws relating to public
utilities, and to report all violations thereof to the attorney-general.

"Upon the request of the commission it shall be the duty of the attorney-general or the district attorney of the proper county to aid in any investigation, hearing or trial had under the provisions of sections 1797m-1 to 1797m-109, inclusive, and to institute and prosecute all necessary actions or proceedings for the enforcement of sections 1797m-1 to 1797m-109, inclusive, and of all other laws of this state relating to public utilities and for the punishment of all violations thereof." Stats. 1911, § 1797m-102.

The above applies to telephone companies. For similar provision applying to telegraph companies see Same, § 1797-31.

31.

RESTRICTION OF COMPETITION

CERTIFICATE OF PUBLIC

CONVENIENCE.

Arizona.

California.

$50 of the Arizona law (Laws 1912, c. 90) differs only in unimportant details of phraseology from § 50 of the California law, quoted below.

corporation
shall
** of a line, plant or
line, plant, or sys-

*

* *

henceforth begin the construction
system, or of any extension of such
tem, without having first obtained from the commission a certificate
that the present or future public convenience and necessity require
or will require such construction; provided, that this section shall not
be construed to require any such corporation to secure such certifi-
cate for an extension within any city and county or city or town
within which it shall have theretofore lawfully commenced opera-
tions, or for an extension into territory either within or without a
city and county or city or town, contiguous to its
* line,
plant or system, and not theretofore served by a public utility of like
character, or for an extension within territory already served by it,
necessary in the ordinary course of its business; and provided, fur-
ther, that 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,
already constructed, the 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.

"(b) No public utility of a class specified in sub-section (a) hereof shall henceforth exercise any right or privilege under any franchise or permit hereafter granted, or under any franchise or permit heretofore granted but not heretofore actually exercised, or the exercise of which has been suspended for more than one year, without first having obtained from the commission a certificate that public convenience and necessity require the exercise of such right or privilege; provided, that when the commission shall find, after hearing, that a public utility has heretofore begun actual construction