nection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense.20

§ 225. Interchange Switching to Industrial Track. The Commission shall likewise have the power to require one railroad corporation to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad corporation and to prescribe the terms and compensation for such service."1

§ 226. Telephone and Telegraph Line-Physical Connection. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that a physical connection can reasonably be made between the lines of two or more telephone corporations or two or more telegraph corporations whose lines can be made to form a continuous line of communication, by the construction and maintenance of suitable connections for the transfer of messages or conversations, and that public convenience and necessity will be subserved thereby, or shall find that two or more telegraph or telephone corporations have failed to establish joint rates, tolls or charges for service by or over their said lines, and that joint rates, tolls or charges ought to be established, the Commission may, by its order, require that such connection be made, except where the purpose of such connection is primarily to secure the transmission of local messages or conversations between points within the same city and county, or city or town, and that conversations be transmitted and messages transferred over such connection under such rules and regulations as the Commission may establish, and prescribe through

20 Ib.

21 Section 39 (b), p. 38.

lines and joint rates, tolls and charges to be made, and to be used, observed and in force in the future.2

22

§ 227. Apportionment of Expense and Division of Joint Rates. If such telephone or telegraph corporations do not agree upon the division between them of the cost of such physical connection or connections or the division of the joint rates, tolls or charges established by the Commission over such through lines, the Commission shall have authority, after further hearing, to establish such division by supplemental order.23

§ 228. Use of Joint Facilities.-Whenever the Commission, after a hearing had upon its own motion or upon complaint of a public utility affected, shall find that public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes or other equipment, or any part thereof, on, over, or under any street or highway, and belonging to another public utility, and that such use will not result in irreparable injury to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipinent or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms and conditions or compensation for the same, the Commission may by order direct that such use be permitted, and prescribe a reasonable compensation and reasonable terms and conditions for the joint use.**

§ 229. Liability for Damages from Use.-If such use be directed, the public utility to whom the use is permitted shall be liable to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other equipment for such damage as may result

22 Section 40, p. 38.

23 Ib., p. 39.

24 Section 41, p. 39.

therefrom to the property of such owner or other users thereof.25

§ 230. Health and Safety Safety Devices.—The Commission shall have power, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise, to require every public utility to maintain and operate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and to this end to prescribe, among other things, the installation, use, maintenance and operation of appropriate safety or other devices or appliances, including interlocking and other protective devices at grade crossings or junctions and block or other systems of signaling, to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, passengers, customers or the public may demand.20

25 Ib.

Safety appliance required on car by state regulation does not require such appliance on car engaged in interstate commerce on connection of such car and a car subject to state regulation. See Louisville & N. R. Co. v. W. U. S., 186 Fed. 280.

State regulation regarding the heating of steam passenger cars and requiring guards and guard-posts on railway bridges and trestles was held to be valid in New York. N. H. R. Co. v. New York, 165 U. S. 628, 17 Sup. Ct. 418, 41 L. ed. 853.

State regulation requiring engineers on trains operating within the state to first undergo an examination before obtaining a license from the state board appointed for that purpose, the object of the act being to protect the traveling public from injury and loss by reason of color blindness in such engineer, is a constitutional and valid exercise of its police power by the state. Smith v. Alabama, 124 U. S. 461, 8 Sup. Ct. 564, 31 L. ed. 508, 1 Int. Com. Rep. 804; Nashville, C. & St. L. R. Co. v. Alabama, 128 U. S. 96, 9 Sup. Ct. 28, 32 L. ed. 352, 2 Int. Com. Rep. 238.

26 Section 42, p. 39.

§ 231. Grade Crossings-Prohibition of Future.No public road, highway or street shall hereafter be constructed across the track of any railroad corporation at grade, nor shall the track of any railroad corporation be constructed across a public road, highway or street at grade, nor shall the track of any railroad corporation be constructed across the track of any other railroad or street railroad corporation at grade, nor shall the track of a street railroad corporation be constructed across the track of a railroad corporation at grade, without having first secured the permission of the Commission; provided, that this subsection shall not apply to the replacement of lawfully existing tracks. The Commission shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe."

§ 232. Determining Manner of - Abolishing Established.-The Commission shall have the exclusive power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use and protection of each crossing of one railroad by another railroad or street railroad, and of a street railroad by a railroad, and of each crossing of a public road or highway by a railroad or street railroad and of a street by a railroad or vice versa, subject to the provisions of section 2694 of the Political Code, so far as applicable, and to alter or abolish any such crossing, and to require where, in its judgment, it would be practicable, a separation of grades at any such crossing heretofore or hereafter established and to prescribe the terms upon which such separation shall be made and the proportions in which the expense of the alteration or abolition of such crossings or the separation of such grades shall be divided between the railroad or street 27 Section 43 (a), p. 40.

railroad corporations affected or between such corporations and the state, county, municipality or other public authority in interest.2

28

§ 233. Investigation of Accidents-Orders and Recommendations.-The Commission shall investigate the cause of all accidents occurring within this state upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the Commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable.29

§ 234.

Orders, etc., nor Report Filed With, to be Admitted in Evidence.-Provided, that neither the order or recommendation of the Commission nor any accident report filed with the Commission shall be admitted as evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in this section referred to."0 30

§ 235. Report to be Filed With Commission. Every public utility is hereby required to file with the Commission, under such rules and regulations as the Commission may prescribe, a report of each accident so occurring of such kinds or classes as the Commission may from time to time designate."1

§ 236. Rules to Expedite Traffic-Power of Commission to Provide.-The Commission shall have power to provide by proper rules and regulations the time

28 Section 43 (b), p. 40.

29 Section 44, p. 40.

80 Ib.