named in any tariff of rates, established by said Commission, than the rates, fares and charges which are specified in such tariff. The Commission shall have the further power to examine books, records and papers of all railroad and other transportation companies; to hear and determine complaints against railroad and other transportation companies; to issue subpoenas and all necessary process and send for persons and papers; and the Commission and each of the commissioners shall have the power to administer oaths, take testimony and punish for contempt in the same manner and to the same extent as courts of record; the Commission may prescribe a uniform system of accounts to be kept by all railroad and other transportation companies. No provision of this constitution shall be construed as a limitation upon the authority of the legislature to confer upon the Railroad Commission additional powers of the same kind or different from those conferred herein which are not inconsistent with the powers conferred upon the Railroad Commission in this constitution, and the authority of the legislature to confer such additional powers is expressly declared to be plenary and unlimited by any provision of this constitution. The provisions of this section shall not be construed to repeal in whole or in part any existing law not inconsistent herewith, and the "Railroad Commission Act" of this state approved February 10, 1911, shall be construed with reference to this constitutional provision and any other constitutional provision becoming operative concurrently herewith. And the said act shall have the same force and effect as if the same had been passed after the adoption of this provision of the constitution and of all other provisions adopted concurrently herewith, except that the three commissioners referred to in said act shall be held and construed to be the five commissioners provided for herein [Amendment adopted October 10, 1911]. Sec. 23. Every private corporation, and every individual or association of individuals, owning, operating, managing, or controlling any commercial railroad, interurban railroad, street railroad, canal, pipeline, plant, or equipment, or any part of such railroad, canal, pipe-line, plant or equipment within this state, for the transportation or conveyance of passengers, or express matter, or freight of any kind, including crude oil, or for the transmission of telephone or telegraph messages, or for the production, generation, transmission, delivery or furnishing of heat, light, water or power or for the furnishing of storage or wharfage facilities, either directly or indirectly, to or for the public, and every common carrier, is hereby declared to be a public utility subject to such control and regulation by the Railroad Commission as may be provided by the legislature, and every class of private corporations, individuals, or associations of individuals hereafter declared by the legislature to be public utilities shall likewise be subject to such control and regulation. The Railroad Commission shall have and exercise such power and jurisdiction to supervise and regulate public utilities, in the state of California, and to fix the rates to be charged for commodities furnished, or services rendered by public utilities as shall be conferred upon it by the legislature, and the right of the legislature to confer powers upon the Railroad Commission respecting public utilities is hereby declared to be plenary and to be unlimited by any provision of this constitution. From and after the passage by the legislature of laws conferring powers upon the Railroad Commission respecting public utilities, all powers respecting such public utilities vested in boards of supervisors, or municipal councils, or other governing bodies of the several counties, cities and counties, cities and towns, in this state, or in any Commission created by law and existing at the time of the passage of such laws, shall cease so far as such powers shall conflict with the powers so conferred upon the Railroad Commission; provided, however, that this section shall not affect such powers of control over any public utility vested in any city and county, or incorporated city or town as, at an election to be held pursuant to laws to be passed hereafter by the legislature, a majority of the qualified electors voting thereon of such city and county, or incorporated city or town, shall vote to retain, and until such election such powers shall continue unimpaired; but if the vote so taken shall not favor the continuation of such powers they shall there after vest in the Railroad Commission as provided by. law; and provided, further, that where any such city and county or incorporated city or town shall have elected to continue any powers respecting public utilities, it may, by vote of a majority of its qualified electors voting thereon, thereafter surrender such powers to the Railroad Commission in the manner to be prescribed by the legislature; or if such municipal corporation shall have surrendered any powers to the Railroad Commission, it may, by like vote, thereafter reinvest itself with such power. Nothing in this section shall be construed as a limitation upon any power conferred upon the Railroad Commission by any provision of this constitution now existing or adopted concurrently herewith [Amendment adopted October 10, 1911]. Sec. 24. The legislature shall pass all laws necessary for the enforcement of the provisions of this article." § 11. Georgia Constitution-(a) Distribution of Powers of Government.-Par. XXIII. The legislative, judicial and executive powers shall forever remain separate and distinct, and no person discharging the duty of one, shall, at the same time, exercise the functions of either of the others, except as herein provided. § 12. (b) Corporation Control.-Par. I. The powers and authority of regulating railroad freights and passenger traffic, [to] prevent unjust discrimination, and require reasonable and just rates of freight and passenger tariff, are hereby conferred upon the General Assembly whose duty it shall be to pass laws from time to time, to regulate freight and passenger tariffs, to prohibit unjust discrimination on [in] the fares of this state, and to prohibit said road from charg Cal. Const. 1879, as amended 1911. "Plenary power" is given to the Railroad Commission by Constitution, § 23. But this power given by the constitution is limited by the act of the legislature known as the Public Utilities Act, in that all acts of the Railroad Commission are made reviewable by the courts. See post, c. 9. The plenary power given to the Railroad Commission does not enable it to deal with interstate commerce. Congress has plenary power over interstate commerce, and incidentally thereto it may regulate the persons, companies, and corporations engaged in interstate business, and may prescribe the number of consecutive hours an employee of a carrier engaged in interstate business may be required to remain on duty, and where Congress does so legislate, its act supersedes and displaces any and all state legislation and all regulations by the Railroad Commission on the subject. See State ex rel. Atkinson v. Northern Pac. R. Co., 53 Wash. 673, 102 Pac. 876. The state Railroad Commission cannot make any regulations or do any act that interferes with interstate commerce. See post, c. 3, § 65. 8 Ga. Const. 1877, art. I, § 1. ing other than just and reasonable rates, and enforce the same by adequate penalties." § 13. Illinois Constitution-(a) Distribution of Powers of Government.-The powers of the government of this state are divided into three distinct departments-the legislative, executive and judicial; and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as herein expressly directed and permitted.1o § 14. (b) Corporation Control.-§ 15. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passengers on the different railroads of this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchise.11 Constitution § 15. Iowa (a) Distribution of Powers of Government.-§ 1. The powers of the government of Iowa shall be divided into three separate departments: the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in cases hereinafter expressly directed and permitted.12 §. 16. (b) Corporation Control.-There is no provision in the constitution relative to the control of railroads and other public utilities. 9 Ga. Const., art. IV, § 2. |