owning, controlling, operating or managing any railroad for compensation within this state."

§ 94. "Express Corporation."-The term "express corporation," when used in this act, 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."

§ 95. "Common Carrier."-The term "common carrier," when used in this act, includes every railroad corporation; street railroad corporation; 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, receivers or trustees appointed by any court whatsoever, operating for compensation within this

the law, it is to be construed as having been intended to be included in the original description. San Francisco & S. M. El. Co. v. Scott, 142 Cal. 222, 75 Pac. 575.

"Facilities," as applied to railroads, means everything necessary for the convenience of passengers and patrons and the safety and prompt transportation of passengers and freight. See Chicago R. I. & P. R. Co. v. State, 23 Okl. 94, 99 Pac. 901; 19 Cyc. 109.

"Public" has two proper meanings: a thing may be said to be public when owned by the public, and also when its uses are public. County of Hennepin v. Brotherhood of Gethsemane, 27 Minn. 460, 8 N. W. 595. "Public facility" or "public convenience," as to, see 32 Cyc. 748. 10 Section 2 (j), p. 19.

11 Section 2 (k), p. 19.

Carriage of express matter from one point within the state to another point within the state does not constitute interstate commerce. See State v. United States Express Co. (Minn.), 131 N. W. 489. See, also, ante, c. 3, § 70.

When expressage crosses the state line and again re-enters the state in traveling between points located within the state, the rule is otherwise. See c. 3, § 79 et seq.

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.1

§ 96. "Pipe-line."-The term "pipe-line," when used in this act, includes all real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the transmission, storage, distribution or delivery of crude oil or other fluid substances except water through pipelines.13

§ 97. "Pipe-line Corporation."-The term "pipeline corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any pipe-line for compensation within this state."

§ 98. "Gas Plant."-The term "gas plant," when used in this act, includes all real estate, fixtures and personal property, owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of gas (natural or manufactured) for light, heat or power.1

15

§ 99. "Gas Corporation."-The term "gas corporation, "when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, 12 Section 2 (1), p. 19. 13 Section 2 (m), p. 20. 14 Section 2 (n), p. 20. 15 Section 2 (o), p. 20.

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.16

§ 100. "Electric Plant." -The term "electric plant," when used in this act, includes all real estate, fixtures and personal property owned, controlled, operated or managed in connection with or to facilitate the production, 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 the transmission of electricity for light, heat or power."

§ 101. "Electrical Corporation."-The term "electrical corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, 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.18

§ 102. "Telephone Line."-The term "telephone line," when used in this act, 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 con16 Section 2 (p), p. 20. 17 Section 2 (q), p. 20. 18 Section 2 (r), p. 20.

nection with or to facilitate communication by telephone, whether such communication is had with or without the use of transmission wires.19

§ 103. "Telephone Corporation."-The term "telephone corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any telephone line for compensation within this state.20

§ 104. "Telegraph Line."-The term "telegraph line," when used in this act, 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 communication by telegraph, whether such communication is had with or without the use of transmission wires.21

§ 105. "Telegraph Corporation."-The term "telegraph corporation," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any telegraph line for compensation within this state.22

§ 106. "Water System."-The term "water system," when used in this act, 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,

19 Section 2 (s), p. 21. 20 Section 2 (t), p. 21. 21 Section 2 (u), p. 21. 22 Section 2 (v), p. 21.

distribution, sale, furnishing, carriage, apportionment or measurement of water for power, irrigation, reclamation or manufacturing, or for municipal, domestic or other beneficial use."

§ 107. "Water Corporation."-The term "water corporation," when used in this act, 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."

§ 108. "Vessel."-The term "vessel," when used in this act, includes every species of water-craft, by whatsoever power operated, which is owned, controlled, operated or managed for public use in the transportation of persons or property."

§ 109. "Wharfinger."-The term "wharfinger," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees, appointed by any court whatsoever, owning, controlling, operating 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 compensation within this state.26

§ 110. "Warehouseman."-The term "warehouseman," when used in this act, includes every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever owning, controlling, operating or managing any building or structure in which property is regularly stored for compensation within this state, in connection with or

23 Section 2 (w), p. 21. 24 Section 2 (x), p. 21. 25 Section 2 (y), p. 21. 26 Section 2 (z), p. 21.