24

ever to such reasonable restrictions as the Commission may impose.2 $166.

Free and Reduced Rates by Express Companies.-Nothing in this act contained shall be construed to prohibit the issue by express corporations of free or reduced rate transportation for express matter to their officers, agents, employees, attorneys, physicians and surgeons, and members of their families, or the interchange of free or reduced rate transportation for passengers or express matter between common carriers, their officers, agents, employees, attorneys, physicians and surgeons, and members of their families; provided, that such express matter be for the personal use of the person to or for whom such free or reduced rate transportation is granted, or of his family.25

§ 167. Passes and Franks by Telegraph and Telephone Company.-Nor to prohibit the issue of passes or franks by telegraph or telephone corporations to their officers, agents, employees, attorneys, physicians and surgeons, and members of their families, or the exchange of passes or franks between such telegraph and telephone corporations or between such corporations and such common carriers, for their officers, agents, employees, attorneys, physicians and surgeons, and members of their families.20

§ 168. Prior Contract for Free or Reduced Rate Passenger Transportation not Affected.—Nor to prevent the carrying out of contracts for free or reduced rate passenger transportation heretofore made, founded upon adequate consideration and lawful when made; nor to prevent a common carrier from trans

24 Section 17 (a) 3, p. 29.

25 Ib., p. 29.

porting, storing or handling, free or at reduced rates, the household goods and personal effects of its employees, of persons entering or leaving its service, and of persons killed or dying while in its service.27

§ 169. Exceptions as to United States, etc.Epidemics, Pestilences, etc.-Every common carrier subject to the provisions of this act may transport, free or at reduced rates, persons or property for the United States, state, county or municipal governments, or for charitable purposes, or to provide relief in cases of general epidemic, pestilence or other calamitous visitation, and property to or from fairs or expositions for exhibit thereat; also contractors and their employees, material or supplies for use or engaged in carrying out their contracts with said carriers, for construction, operation or maintenance work or work incidental thereto on the line of the issuing carrier, to the extent only that such free or reduced rate transportation is provided for in the specifications upon which the contract is based and in the contract itself.28 § 170. Contract for Exchange of Service.Common carriers may also enter into contracts with telegraph and telephone corporations for an exchange of service.29

§ 171. Greater or Less Charge Shall not be Demanded or Collected-Rebating, etc., Prohibited. Except as in this section 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 rendered or to be rendered, than the rates, tolls, rentals and charges applicable to such

27 Ib.

28 Section 17 (a) 4, p. 29.

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, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals and charges so specified, nor extend to any corporation or person any form of contract or agreement or any rule or regulation or any facility or privilege except such as are regularly and uniformly extended to all corporations and persons."

8 172. Exceptions may be Established by Commission. Provided, that the Commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility."1

§ 173. Interstate Traffic- Filing Schedule of.Every common carrier and every telegraph and telephone corporation shall print and file or cause to be filed with the Commission schedules showing all the rates, fares, tolls, rentals, charges and classifications for the transportation of persons or property or the transmission of messages or conversations between all points within this state and all points without the state upon its route, and between all points within this state and all points without the state upon every route leased, operated or controlled by it, and between all points on its route or upon any route, leased, operated or controlled by it within this state and all points without the state upon the route of any other common carrier or telegraph or telephone corporation, whenever a through route and joint rate shall have been established between any two such points."2

30 Section 17 (b), p. 29.

81 Ib., p. 30.

82 Section 18, p. 30.

§ 174. Preferences Prohibited. No public utility shall, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage."

§ 175. Unreasonable Difference of Rates, etc. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities or in any other respect, either as between localities or as between classes of service."

§ 176. Power of Commission as to.-The Commission shall have the power to determine any question of fact arising under this section.35

§ 177. Profiting from Economics, etc.-Dividends. Nothing in this act shall be taken to prohibit any public utility from itself profiting, to the extent permitted by the Commission, from any economics, efficiencies or improvements which it may make, and from distributing by way of dividends, or otherwise disposing of, the profits to which it may be so entitled, and the Commission is authorized to make or permit such arrangement or arrangements with any public utility as it may deem wise for the purpose of encouraging economics, efficiencies or improvements and securing to the public utility making the same such portion, if any, of the profits thereof as the Commission may determine."

§ 178. Sliding Scale of Charges-Schedule.-Nothing in this act shall be taken to prohibit a corporation

83 Section 19, p. 30.

84 Ib.

85 Ib.

See footnote, supra, § 154.

36 Section 20, p. 30.

or person engaged in the production, generation, transmission or furnishing of heat, light, water or power, or telegraph or telephone service, from establishing 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.37

§ 179. Profit Sharing-Scale of Charges.-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; provided, that a schedule 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."

§ 180. Commission may Revoke Schedule and Fix Other Charge.-Nothing in this section shall prevent the Commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service, as authorized by this act."

§ 181. Discrimination Between Utilities Inter Se Prohibited. Every common carrier shall afford all reasonable, proper and equal facilities for the prompt and efficient interchange and transfer of passengers, tonnage and cars, loaded or empty, between the lines owned, operated, controlled or leased by it and the lines of every other common carrier, and shall make such interchange and transfer promptly without dis87 Section 21, p. 30.

88 Ib., p. 31.