§ 180. § 181. § 182. § 183. § 184. § 185. § 186. § 187. § 188. § 189. § 190. § 191. § 192. § 193. § 194. 195. § 196. § 197. § 198. § 199. § 200. § 201. § 202. § 203. Commission may Revoke Schedule and Fix Other Charge. Connecting Line, Duty to Receive and Haul Cars as Billed. Duty to Make Joint Rates, and Power of Commission is not Affected. Duty of Telegraph and Telephone Lines to Receive and Transmit. False Billing, etc., by Carrier or Shipper Prohibited. Less Rates by Means of Prohibited. False Claim for Damages, and Rebates, etc., by Means of Prohibited. Long and Short Hauls and Services. Change or Modification of Rates, etc., by Commission. Switch and Spur Connections. Duty to Construct, and to Receive and Deliver Freight. Foreign Public Utilities Excluded. Street and Interurban Railroad-Fares on. Transfers. Information and Details to be Furnished-Tabulation, etc. To be Kept Private. Misdemeanor to Divulge. Annual Report of Public Utilities. To be Made Under Oath. § 204. Compliance with Commission's Orders. § 142. Charges to be Just and Reasonable.-All charges made, demanded or received by any public utility, or by any two or more public utilities, for any product or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable.1 1 Extraordinary Session 1911, c. 14, § 13 (a), p. 25. At common law common carriers are obliged to receive and carry all goods offered for transportation upon receiving a reasonable hire therefor. Messenger v. Pennsylvania R. Co., 36 N. J. L. 407; Express Co. v. Maine Cent. R. Co., 57 Me. 188. In absence of any action by the Railroad Commission, a railroad may fix rates, but not abuse the maximum provided by the act. Minneapolis, St. P. & Ste. M. R. Co. v. Railroad Commission, 136 Wis. 146, 116 N. W. 915. Discretionary power of railroad company in operating passenger trains for the accommodation of the public is subject always to the condition § 143. Unjust Charge Unlawful.-Every unjust or unreasonable charge made, demanded or received for such product or commodity or service is hereby prohibited and declared unlawful." § 144. Services and Facilities.-Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable." that there is no statutory provision limiting and restricting such power, and that its exercise is in opposition to the terms of the charter. The discretion is further subject to the condition that it must be exercised in good faith and with a due regard to the necessities and convenience of the public. People v. St. L., A. & T. H. R. Co., 176 Ill. 512, 52 N. E. 292, 35 L. R. A. 656; State ex rel. Taylor v. Missouri Pac. R. Co., 76 Kan. 467, 495, 92 Pac. 606. See People ex rel. Hunt v. Chicago & A. R. Co., 130 Ill. 175, 22 N. E. 857; Missouri, O. & R. Co. v. People, 132 Ill. 559, 24 N. E. 643, 22 Am. St. Rep. 556; Railroad Connection Cases, 137 N. C. 1, 49 S. E. 191, 115 Am. St. Rep. 636. 2 Section 13 (a), p. 25. 8 Section 13 (b). Right of carrier to separate white and negro interstate passengers, in the absence of commission legislation. See Chiles v. Chesapeake & O. R. Co., 218 U. S. 71, 30 Sup. Ct. 667, 54 L. ed. 936; Bowie v. Birmingham R. & El. Co., 125 Ala. 397, 27 So. 1016, 82 Am. St Rep. 247, 50 L. R. A. 632; Bradford v. St. Louis, I. M. & S. R. Co., 93 Ark. 244, 124 S. W. 516; Ohio V. R. Co. v. Lander, 104 Ky. 431, 47 S. W. 344, 882; Chilton v. St. Louis & I. M. R. Co., 114 Mo. 88, 21 S. W. 457, 19 L. R. A. 269; Britton v. Atlantic Airline R. Co., 88 N. C. 536; West Chester & P. R. Co. v. Miles, 55 Pa. 209, 93 Am. Dec. 744; Smith v. Chamberlain, 38 S. C. 529, 17 S. E. 371, 19 L. R. A. 710; Chesapeake, O. & S. W. R. Co. v. Wells, 85 Tenn. 613, 4 S. W. 5. But rules regarding such separation must not subject negro passengers to unjust discrimination or require them to accept unequal accommodations. Chicago & N. W. R. Co. v. Williams, 55 Ill. 185, 8 Am. Rep. 641; Coger v. North West U. P. Co., 37 Iowa, 154. Carrier's duties discharged by running a mixed train, and an order of the state Commission compelling separate train service at a loss to the carrier, is so arbitrary and unreasonable as to amount to the taking of property without due process of law. Missouri Pac. R. Co. v. Kansas, 216 U. S. 262, 30 Sup. Ct. 33, 54 L. ed. 472. "A state may furnish such facilities or direct them to be furnished by persons or corporations within its limits without violating the federal § 145. Rules and Regulations.-All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable.* § 146. Tariff Schedule-Filing and Public Inspection of.-Every common carrier shall file with the Commission and shall print and keep open to the 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 upon its route to all other points thereon; 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 controlled by it to all points 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.5 § 147. Joint Rate Over Through Route.-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." § 148. Shall State What.-The schedules printed as aforesaid shall plainly state the places between which property and persons will be carried, and shall also contain the classification of passengers or property in force, and shall also state separately all terminal charges, storage charges, icing charges and constitution." Wisconsin, M. & P. R. Co. v. Jacobson, 197 U. S. 287, 21 Sup. Ct. 115, 45 L. ed. 194. Section 13 (c), p. 25. Section 14 (a). • Ib. all other charges which the Commission 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 service rendered to the passenger, shipper or consignee.' § 149. How Printed-Copies How Kept and Produced. Subject to such rules and regulations as the Commission may prescribe, such schedules shall be plainly printed in large type, and a copy thereof shall be kept by every such carrier readily accessible to and for 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 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 waybills 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.* § 150. Notice in Contents of Posting.A notice printed in bold type and stating 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 or regulations in force, shall be kept posted by the carrier in two public and conspicuous places in every such station or office." 7 Ib. • Ib. . Ib., p 26. § 151. Form of to be Prescribed by Commission. The form of every such schedule shall be prescribed by the Commission and shall conform in the case of common carriers subject to the act of Congress entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and the acts amendatory thereof and supplementary thereto, as nearly as may be to the form of schedules prescribed by the Interstate Commerce Commission under said act.1o 10 § 152. Who to File With Commission.-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 classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges and facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or service.11 $ 153. Limitation of Rates, Tolls, Rentals and Charges. The rates, tolls, rentals and charges shown on such schedules when filed by a public utility as to which the Commission by this act acquires the power to fix any rates, tolls, rentals or charges, shall not, within any portion of the territory as to which the Commission acquires as to such public utility such power, exceed the rates, tolls, rentals or charges in effect on the tenth day of October, nineteen hundred and eleven; the rates, tolls, rentals and charges shown on such schedules, when filed by any public utility as 11 Section 14 (b). |