without discrimination where nonsubscribers are called for by patrons of the telephone company and the latter are willing to pay for such service.

[June 3, 1915.]

COMPLAINT by physician as to rates charged for telephone, and as to discrimination in the furnishing of messenger service. Complaint as to rates dismissed, and the telephone company ordered to furnish messenger service without discrimination to all nonsubscribers called for by patrons of the company who offer to pay for such service.

The appearances are set out in the opinion.

By the Commission: The complaint in this case sets forth that the complainant, J. P. Kavanagh, is a physician and surgeon at Hettic, Illinois; that the respondent telephone company is a public utility, and is subject to the jurisdiction of this Com

mission.

The complainant charges that the respondent company is guilty of certain discriminations in its rates and service; that at the present time the complainant has no telephone; that he has made an application to the respondent for a telephone, and has been told that the rate would be $1.50 per month, whereas the regular rate for a residence telephone at Hettic, Illinois, is $1 per month. The complainant further says that he is being charged 30 cents for a toll message from Hettic to Springfield, Illinois, and that the rate on a toll message from Springfield to Hettic is 25 cents. The complainant further charges that the telephone company insists it is under no obligation to send a messenger for him to answer calls that may come for him, and that the respondent makes no effort to deliver telephone messages to him. Several specific instances of alleged defective service and discriminations are mentioned, dating back to May, 1912.

A hearing was held before the Commission at Springfield on January 20, 1915. The complainant appeared in person, and Ben. B. Boynton, attorney, appeared for the respondent.

At the close of the hearing an informal conference was held, at which a representative of the Commission was present. At the conference it appeared that the principal matters of complaint could probably be adjusted amicably by the parties. Therefore, a decision of the Commission was held in abeyance

as requested by the interested parties. Later on the Commission was notified by the complainant that no adjustment had been made, thus making an order of the Commission necessary.

It appears from the evidence in this case that in August, 1914, the complainant ceased to be a subscriber of the telephone service of the respondent company, and the telephone instrument was removed from his premises. During the time complainant was a subscriber he paid the regular residence rate of $1 per month. Later on, he made application to the telephone company to have a telephone reinstalled in his residence, and was then informed that inasmuch as his place of business was also located in his residence, he would be required to pay the regular business rate of $1.50 per month. This the complainant refused to do, and he now insists that he is entitled to telephone service at the residence rate.

Conference Ruling No. 13, adopted by this Commission, and which became effective October 1, 1914, provides in part as follows:

"e. Where the place of business and the residence of a subscriber are in the same premises, and no telephone is installed in the place of business, the business rate should be charged for the telephone installed in the residence."

The evidence shows that the complainant's office and only place of business is located in his residence, and therefore, under the above conference ruling, it is proper that he should be charged the business rate if he desires telephone service.

As to the portion of the complaint regarding the toll rate from Hettic to Springfield, the evidence shows that that rate is one fixed by the Macoupin County Telephone Company, and that the respondent company had no voice in fixing this rate. Inasmuch as the Macoupin Company is not a party to this proceeding, and as the reasonableness of said rate is not attacked, that portion of the complaint will be dismissed.

In regard to messenger service, the complainant testified that there were times when subscribers of the telephone company called the central office of the respondent and requested that a messenger be sent for complainant; that the party calling was willing to assume the charge for messenger service, but that the operator did not send for complainant. It appears, however,

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that no report of such occurrence was ever made by either the party calling or by Dr. Kavanagh to the manager of the telephone company. Said manager testified that he had no knowledge of any such occurrence; that it has been the custom of his company, and it now stands ready and willing to furnish messenger service where the party calling is willing to pay the charge for such messenger.

In view of the fact that the respondent holds itself out as ready and willing to furnish messenger service where nonsubscribers are called for by patrons of the company, and the latter are willing to assume and pay the messenger service charge, the company should treat all alike, and there should be no discrimination in the matter of messenger service.

Several other matters are mentioned in the complaint, but in view of the fact that no evidence was offered in support thereof, it will not be necessary to enter into a discussion thereof.

It is therefore ordered that under the circumstances of this case respondent company shall furnish messenger service without discrimination, where nonsubscribers are called for by patrons of the telephone company, and the latter are willing to pay for such service.

It is further ordered that the complaint in this case in all other particulars be, and the same is hereby, dismissed.

By order of the Commission this 3d day of June, 1915. Dated at Springfield, Illinois.

A certificate of public convenience and necessity was granted to an electric utility to construct a transmission line to a city for the purpose of furnishing electricity for power, although the city was maintaining and operating an electric plant, where such plant was not sufficient to furnish electricity for the prospective power consumers.

[June 3, 1915.]

P.U.R.1915D.

APPLICATION by an electric utility for a certificate of public convenience and necessity to construct a transmission line to a city; granted.

Commissioner Shaw: The petitioner herein, the Illinois. Northern Utilities Company, on December 21, 1914, filed with this Commission an application for a certificate of convenience and necessity authorizing it to construct a 2,300 volt transmission line from Sterling across the bridge over the Rock river to Rock Falls, both of these cities being located in Whiteside county. The answer of the city of Rock Falls to the petition was filed with the Commission on December 30, and its purport was that the prayer of the petitioner should not be granted. At the request of the petitioner, the matter was not immediately set for a hearing, as the petitioner felt that the points of difference with the respondent could be amicably adjusted if time were given for discussion of them. Such adjustment could not be effected, and the matter was heard in Chicago on May 11, 1915. At this hearing Mr. Ralph D. Stevenson, counsel, appeared on behalf of the petitioner, and Mr. Jacob Cantlin, city attorney, appeared on behalf of the respondent. The petition, answer of the respondent, and hearing in this matter, brought out the following facts regarding the nature and advisability of the proposed undertaking.

The petitioner owns a distribution system in Rock Falls, having purchased the same, together with a franchise, from the Northwestern Barb Wire Company. This purchase was approved by the Commission. The Barb Wire Company's franchise permitted it to furnish electric service to power customers only in Rock Falls, and it gave such service from a plant on the Sterling side of the Rock river. The petitioner furnishes electric service in Sterling, and in acquiring the distribution system and franchise rights in Rock Falls it had in mind the connection of this distribution system to that maintained by it in Sterling; such connection to be made by a 2,300 volt line across the bridge over the Rock river. Of the required transmission line the portion across the bridge to the limits of Rock Falls has now been constructed, leaving only a short section to be built.

When the petitioner tried to secure the consent of the respondent to the making of the connection between the distribution

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systems in Sterling and Rock Falls, it met with opposition on the grounds that the proposed connection was neither a convenience nor a necessity. Because of this opposition, the petitioner has been forced up to this time to buy energy from the Northwestern Barb Wire Company in order to give service from its distribution system.

The respondent contended, in its answer to the petition and at the hearing, that since the distribution system was alive, there was no necessity for the desired connection; that there was no demand for power which could not be supplied by the present distribution system of the petitioner; and that the proposed construction would increase the hazard to traffic on the streets of Rock Falls, thereby causing the respondent to incur an extra liability for which the respondent would be in no way indemnified. As to this question of liability arising from the occupancy of streets by the petitioner, it may be noted that in the franchise of the Northwestern Barb Wire Company acquired by the peti tioner, there is a provision that the utility shall "hold and keep said city harmless from all damages arising by reason of any abuse or negligence in such occupancy."

A municipal plant in Rock Falls is now furnishing lighting and some power service there. This plant has a generator capacity of 185 kilowatts, which is quite inadequate to handle the power load which might be obtained.

When the petitioner first projected the connection between the distribution systems of Sterling and Rock Falls, it had in view at least one power contract involving an amount of power which neither the municipal plant nor that of the Northwestern Barb Wire Company could furnish. In default of making the connection, the securing of power contracts by petitioner has not been possible.

In consideration of the evidence, the Commission finds that the petitioner could, by the proposed connection between its distribution systems in Sterling and Rock Falls, render available to power users in Rock Falls an abundant and continuous supply of energy not now available to them; that public convenience and necessity require the construction of the proposed transmission line, and that therefore the prayer of the petitioner should be granted: