DEFINITIONS. STATS. 1907, CH. 44, SEC. 2, AS AMENDED BY STATS. 1909, CH. 121, SEC. 2. Railroad shall mean and embrace all corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars, or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise. Railroad whenever used herein, shall mean and embrace express companies, telegraph and telephone companies, and all companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state, and all duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, in so far as the same are applicable, be required of and imposed upon express companies, telegraph and telephone companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies to the same extent as of railroads. STATS. 1911, CH. 162, SEC. 3. Public utility shall embrace every corporation, company, individual, association of individuals, their lessees, trustees, or receivers appointed by any court whatsoever, that now or hereafter may own, operate or control any plant or equipment, or any part of a plant or equipment within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service whether within the limits of municipalities, towns or villages, or elsewhere; and the commission is hereby invested with full power of supervision, regulation and control of all such utilities subject to the provisions of this act and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village. NEW HAMPSHIRE Commission has jurisdiction over railroads and public utilities. DEFINITIONS. LAWS, 1909, CH. 126, SEC. I. Carrier shall be construed to mean all common carriers of passengers including railroads. LAWS 1911, CH. 164, SEC. I. Public utility shall include every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, except municipal corporations, owning, operating or managing any plant or equipment or any part of the same for the conveyance of telephone or telegraph messages or for the manufacture or furnishing of light, heat, power or water for the public, or owning or operating any ferry or toll bridge. Railroad shall include every railroad and street railway by whatever power operated which is open to public use in the conveyance of persons or property, for a compensation, also all bridges, grade crossings, under passes, switches, spurs, tracks, equipment, stations and terminals and other facilities and property of every kind whatever, used, operated or owned by or in connection with any such railroad or railway. Railroad corporation shall include every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating or managing any railroad or street railway or any cars or equipment used thereon or in connection therewith, or engaged in carrying on a public express business over the line of any railroad. NEW JERSEY Commission has jurisdiction over all public utilities and over their property, property rights, equipment, facilities and franchises, so far as may be necessary for the purpose of carrying out the provisions of this act. Laws 1911, ch. 195, sec. 15. LAWS 1911, CH. 195, SEC. 15. Public utility is hereby defined to include every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter may own, operate, manage or control within the state of New Jersey any steam railroad, street railway, traction railway, canal, express, subway, pipe line, gas, electric light, heat, power, water, oil, sewer, telephone, telegraph system, plant or equipment for public use, under privileges granted or hereafter to be granted by the state of New Jersey or by any political subdivision thereof. NEW MEXICO Commission has jurisdiction over railway, express, telegraph, telephone, sleeping car and other transportation and transmission companies, and common carriers within the state. Const., art. XI, sec. 7. NEW YORK Commission has jurisdiction over transportation of passengers or property from one point to another within the state and over any common carrier performing such service, including any person or corporation who or which owns or operates any stage route in any city of 1,000,000 inhabitants; over the manufacture and furnishing of gas for light, heat or power and the furnishing of natural gas for light, heat or power; over the generation, furnishing and transmission of electricity for light, heat and power; over communication by telegraph or telephone between one point and another within the state; and over every telegraph and telephone corporation. Laws 1909, ch. 219, sec. 24; Laws 1910, ch. 480, secs. 25, 64, 90. Corporations formed to acquire property or to transact business which would be subject to the provisions of this chapter, and corporations possessing franchises for any of the purposes contemplated by this chapter, shall be deemed to be subject to the provisions of this chapter although no property may have been acquired, business transacted or franchises exercised. Laws 1910, ch. 480, sec. 5(7). DEFINITIONS. LAWS 1910, CH. 480, SEC. 2. Common carrier includes all railroad corporations, street railroad corporations, express companies, car companies, sleeping-car companies, freight companies, freight-line companies, and every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any such agency for public use in the conveyance of persons or property within this state; but the said term common carrier when used in this chapter shall not include an express company unless the same is operated wholly or in part upon, or in connection with, a railroad or street railroad. Corporation includes a corporation, company, association and joint-stock association. Electrical Corporation includes every corporation, company, association, jointstock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever (other than a railroad or street railroad corporation generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others) owning, operating or managing any electric plant, except where electricity is generated or distributed by the producer solely on or through private property for railroad or street railroad purposes or for its own use or the use of its tenants and not for sale to others. Electric plant includes all real estate, fixtures and personal property operated, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power; and any 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. Gas corporation includes every corporation, company, association, jointstock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any gas plant except where gas is made or produced and distributed by the maker on or through private property solely for its own use or the use of its tenants and not for sale to others. Gas plant includes all real estate, fixtures and personal property operated, owned, used or to be used for or in connection with or to facilitate the manufac ture, distribution, sale or furnishing of gas (natural or manufactured) for light, heat or power. Municipality includes a city, village, town or lighting district, organized as provided by a general or special act. Person includes an individual, and a firm or copartnership. Railroad includes every railroad, other than a street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations and terminal facilities of every kind used, operated or owned by or in connection with any such railroad. Railroad corporation includes every corporation, company, association, jointstock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any railroad or any cars or other equipment used thereon or in connection therewith. Street railroad includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for compensation, being mainly upon, along, or below any street, avenue, road, highway, bridge or public place in any city, village or town, and including all equipment, switches, spurs, tracks, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind used, operated or owned by or in connection with any such street railroad; but the said term street railroad, when used in this chapter, shall not include a railroad constituting or used as part of a trunk line railroad system. Street railroad corporation includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever owning, operating or managing any street railroad or any cars or other equipment used thereon or in connection therewith. Telegraph corporation includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating or managing any telegraph line or part of telegraph line used in the conduct of the business of affording for hire communication by telegraph. Telegraph line includes conduits, ducts, poles, wires, cables, cross-arms, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated or owned by any telegraph corporation to facilitate the business of affording communication by telegraph. Telephone corporation includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any telephone line or part of telephone line used in the conduct of the business of affording telephonic communication for hire; excepting, however, any corporation, company association, joint-stock association, partnership or person, their lessees, trustees or receivers, having property actually used in the public service within the state of a value not exceeding $10,000, or which do not operate the business of affording telephonic communication for profit. Telephone line includes conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated or owned by any telephone corporation to facilitate the business of affording telephonic communication. Transportation of property includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported. NORTH CAROLINA Commission has jurisdiction over railroad, street railway, steamboat, canal, express and sleeping car companies and all other common carriers and over telephone and telegraph companies. Pell's Revisal 1908, sec. 1066. Every person or individual owning and operating any telephone or telegraph line, who rents poles or wires to persons generally shall be subject to the same control and supervision by the commission as are corporations owning and operating telephone and telegraph lines. Acts 1907, ch. 966, sec. 1. NORTH DAKOTA All railroad, sleeping car, telegraph, telephone and transportation companies of passengers, intelligence and freight are declared to be common carriers and subject to legislative control. Cont., art. VII, sec. 142. The provisions of this article' shall apply to the transportation of passengers, property and the transmission of messages between points within this state and to the receiving, switching, delivering, storing and hauling of such property and receiving and delivering and carrying all messages and of all charges connected therewith, including icing and mileage charges, and shall apply to all railroad corporations, express companies, car companies, freight and freight line companies and to all associations of persons, whether incorporated or otherwise, that shall do business within this state and to any common carrier within the state that shall do business upon or from any line or railroad within the state and to any common carrier engaged in the transportation of persons or property wholly by rail or partly by rail or water. Rev. Codes 1905, sec. 4324. The term common carrier whenever used in this article shall be construed to include telephone and telegraph companies and associations engaged in the receiving, transmitting and delivering of messages. Same. The provisions of this article shall apply to all persons, firms and companies and to all associations of persons whether incorporated or otherwise that shall do business as common carriers upon any of the lines of railway operated by steam in this state the same as to railroad corporations herein mentioned. Same, sec. 4325. 1 Comprising secs. 4324-4397 of Revised Codes 1905. |