"Rate " as used in Article 9 of the constitution includes joint rates. Const., Oklahoma.

Art. 9, § 34.

Schedules of joint rates must be filed with the commission and published, Oregon. as prescribed. Laws 1911, c. 279, § 28.

No change to be made in schedules of joint rates except upon ten days' notice

to commission. Same, § 29.

It is unlawful to charge greater or less joint rates than are specified in schedules. Same, § 31.

The commission shall, after investigation, correct unjust, unreasonable, etc., joint rates. Same, §§ 43, 51.

"It shall be the duty of every public service company-

"(e). Where any public service company jointly acts or participates or connects with any other public service company in the performance of any service, to make and file with the commission, when so required by it, and post and publish as hereinbefore provided, the tariffs or schedules of the joint rates, prices, charges, fares, or tolls adopted or in force between them (including, when directed, the rules and regulations, contracts and practices, affecting or relating to the same), which must be just and reasonable, and not more in the aggregate, nor in the apportionment thereof between said companies, than may be prescribed by any order of the commission

"Provided, however, That the tariffs or schedules of such joint rates, prices, charges, fare, or tolls need only be filed by one of the said public service companies; and the other company or companies, with the consent and approval of the commission, need only file such evidence of concurrence therein or acceptance thereof as may be required by the commission: Provided, That whenever any public service company shall file any tariffs or schedules under the provisions of this act, or shall participate in any such tariff or schedule so filed, the rates, fares, and charges, and the rules, regulations and practices, therein contained, as against such public service company, its officers, agents, and employees, shall be deemed to be the legal rate, fare, or charge, and the rules, regulations, and practices; otherwise, the published rate, rules, regulations, and practices, if any, shall be the legal rate, fare or charge, rules, regulations and practices."

(v) Where telephone companies are ordered to make physical connection, the companies involved,

"shall operate and conduct a joint through traffic over the
several lines so connected, and shall make the proper rules and regu-
lations governing the same, and shall establish just and reasonable
rates and charges for the joint through service thereby rendered,
and shall make among themselves an equitable apportionment of the
costs and revenues appertaining to the joint facilities and service."
Laws 1913, No. 854,1 Art. II, § 1.

"It shall be lawful for every public service company-
"(a). To demand, collect, and receive fair, just, and reasonable
prices, rates, fares, tolls, charges, or other compensation for each
and every service rendered or to be rendered by it ***
to any
other public service company with whom it interchanges facilities
and services." Same, Art. III, § 1.

Effective January 1, 1914.

Pennsylvania.

(Pa.)

Rhode Island.

South
Carolina.

South
Dakota.

The commission is authorized to inquire into and regulate joint rates. Same, Art. V, § 1.

"*** The power to fix maximum rates or charges shall include the power to fix joint rates or charges where joint service is rendered by two or more public service companies, or where other public service companies may be interested in the rate or charge." Same, § 3.

"Whenever the commission *** shall find that any two or more telephone companies have failed to establish just and reasonable joint rates or charges for through service, by or over their several lines so connected, and that such joint rates or charges ought to be established, in order to supply a through traffic and communication between different localities not otherwise provided for, or proffered by the companies in question, or either of them,— the commission *** may prescribe the through line and joint rates and charges to be made and to be used and in force in the future; and shall appoint or approve necessary and proper conditions, rules, and regulations for the joint through traffic, and an equitable apportionment between the several companies of the costs and revenues in connection therewith, and the commission may fix the same by its order, to be duly served upon the company or companies affected." Same, § 9.

"Where the public service companies entitled to share in any joint rate or charge shall be unable to agree upon the division thereof, or shall make any unjust, unreasonable, or unduly discriminatory or preferential division or apportionment thereof, the commission may, after hearing, upon its own motion or upon complaint, fix the proportion to which every such public service company shall be entitled." Same, § 10.

Joint rates shall be investigated and fixed on complaint. Laws 1912, c. 795, §§ 18, 21.

Joint rates shall be reasonable and just. Same, § 38.

"*** The powers herein conferred upon the Commissioners to fix passenger and freight rates, joint and several, are hereby delegated to them by the General Assembly, as fully as the General Assembly itself could exercise them; * * * ." Code 1912, § 3160. See, also, §§ 3174, 3175.

May apply to telephone and telegraph companies. Same, §§ 3162, 3327.

Joint rates are included in the provisions for filing, publishing and changing rates. Laws 1911, c. 207, § 10, as am'd 1913, c. 304.

Joint rates may be less than the sum of the separate rates, but must not result in unjust discrimination between localities. Same, § 34.

Joint through rates must be made upon demand of any person interested, and messages must be transmitted as routed by sender. Same, § 35.

If carriers fail to establish joint rates, the commission is authorized to do so. Same, $ 36.

After hearing and determination of joint rates, carriers shall agree as to (S. D.) division, and if unable so to do, the commission shall make an apportionment. Same, §§ 37, 40.

Joint rates must be reasonable. Same, § 41.

Joint rates are included in rate fixing power. Laws 1909, c. 289, § 2, as am'd Laws 1911, c. 218, § 1.

Joint rates are expressly included in the provisions relating to regulation of Tennessee. rates. Acts 1913, c. 32, §§ 3, 4.

Schedules of joint rates must be filed, and such joint rates may not be changed Vermont. without ten days' notice to the commission. Laws 1908, No. 116, § 18.

Joint rates must be

Washington.

"fair, just, reasonable and sufficient." Laws 1911,

c. 117, § 35. Joint rates must be filed and published. Same, § 36.

Schedules of joint rates need be filed by only one of the several companies parties thereto, but the other parties thereto must

"file with the commis

sion such evidence of concurrence therein or acceptance thereof as
may be required or approved by the commission;

38.

***

Same,

Whenever the commission shall find * * * that any two or more telegraph or telephone companies, have failed to establish joint rates or charges for service by or over their said lines, and that joint rates or charges ought to be established, the commission may, by its order, * * * prescribe through lines and joint rates and charges to be made, and to be used, observed and in force in the future, and fix the same by order to be served upon the company or companies affected." Same, § 73.

The commission is authorized to apportion joint rates in case the companies interested are not able to agree on such apportionment. Same, § 83. (Quoted on p. 475.)

No change shall be made in joint rates, except in manner provided. Acts West 1913, c. 9, § 9. (Quoted on p. 97.)

(1) Where a schedule of joint rates or charge is or may be in force between two or more public utilities, such schedules shall in like manner be printed and filed with the commission, and so much thereof as the commission shall deem necessary for the use of the public, shall be filed in every such station or office as provided in section 1797m-29.

(2) Whenever two or more public utilities for the conveyance of telephone messages are engaged in furnishing joint telephone service to the public, or shall be required to furnish such service as provided in section 1797m-4, and shall refuse or neglect to establish joint toll

Virginia.

Wisconsin.

(Wis.)

or tolls, the commission may after notice and a public hearing, as
provided in sections 1797m-44 and 1797m-45, fix and establish, by
order, such joint toll or tolls, and if the public utilities party thereto
shall fail to agree upon the apportionment thereof within twenty
days after the service of such order, the commission may, upon a
like hearing, issue a supplemental order declaring the apportionment
of such joint toll or tolls, and the same shall take effect of its own
force as part of the original order." Stats. 1911, § 1797m-30.

Provisions similar to those in Oregon (§§ 29, 31, 43, 51) are found in Same, §§ 1797m-31,-33,-46,-60.

The above provisions apply to telephone companies. For similar provision as to telegraph companies, see Same, § 1797-4.

Illinois.

Indiana.

Kansas.

[Maine.

Maryland.

5.

EMERGENCY OR TEMPORARY RATES.

*** Provided, that in cases of emergency, a service, product or commodity not specifically covered by the schedules filed, may be performed or furnished at a reasonable rate, which rate shall forthwith be filed and shall be subject to review in accordance with the provisions of this Act." Laws 1913, p. 459,1 § 35.

"The commission shall have power, when deemed by it necessary, to prevent injury to the business or interests of the people, or any public utility of this state, in case of any emergency to be judged of by the commission, to temporarily alter, amend, or with the consent of the public utility concerned, suspend any existing rates, schedules and order relating to or affecting any public utility or part of any public utility in this state. Such rates so made by the commission shall apply to one (1) or more of the public utilities in this state or to any portion thereof as may be directed by the commission, and shall take effect at such time and remain in force for such length of time as may be prescribed by the commission." Acts 1913, c. 76, § 122.

Public utilities may vary from scheduled rates in cases of emergency. Laws 1911, c. 238, § 12.

It shall not be unlawful for any public utility to make special rates “in cases of emergency service." Laws 1913, c. 129, § 32.

Whenever the commission shall deem it necessary in order to prevent injury to the business of any public utility or to the interest of the people, or in case of any emergency which the commission may adjudge to exist, it shall have power, temporarily, to alter, amend or, with the consent of the public utility concerned, suspend any existing rates, schedules or orders relating to or affecting any public utility. Such rates so made by the commission shall apply to one or more of the public utilities in this state or to any portion thereof as may be directed by the commission, and shall take effect at such time and remain in force for such length of time as may be prescribed by the commission." Same, § 60.

(See note p. 3.)

Common carriers may carry passengers or property free to provide relief in cases of general epidemic, pestilence or other calamitous visitation. Ann. Code 1911, Effective January 1, 1914.

Art. 23, § 428. The above may apply to free service by telephone and telegraph (Md.) companies by virtue of § 455. (Quoted on p. 42 supra.)

Free or reduced rate service may be given "in cases of public emergency." MassaActs 1913, c. 784, § 18. chusetts.

For a provision authorizing emergency freight rates, by railroads and common Nebraska. carriers, see Stats. 1911, § 10654.

"Whenever the commission shall be of the opinion that an emergency exists it may authorize any railroad corporation or public utility temporarily to alter, amend or suspend any existing rate, fare, charge, price, classification, or rule or regulation relating thereto." Laws 1911, c. 164, § 11 (i), added by 1913, c. 145, § 12.

New
Hampshire.

The commission may authorize the disregarding of the provisions against New Mexico. discrimination"in cases of general epidemics, pestilence, calamitous visitations

and other exigencies." Const., Art. XI, § 10.

§ 34 of the Ohio law is practically identical with § 122 of the Indiana law, Ohio. quoted above. Laws 1911, p. 549, § 34 [614-32].

The above provision is continued in force in connection with the public utili

ties commission. Laws 1913, p. 804, § 20 [499-7].

A provision similar to that in Indiana (§ 122) is found in Laws 1911, c. 279, Oregon. § 71.

The commission shall have power, when deemed by it necessary to prevent injury to the business or interest of the people or any public utility of this state in case of any emergency to be judged of by the commission, to permit any public utility to temporarily alter, amend or suspend any existing rates, schedules and order relating to or affecting any public utility or part of any public utility in this state." Laws 1912, c. 795, § 44.

Rhode Island.

A provision applying to telephone, but not to telegraph companies, similar Wisconsin. to that in Indiana (§ 122) is found in Stats. 1911, § 1797m-99. A similar provision which may apply to telegraph companies appears in Same, § 1797-28.

§ 1 of the Act to Regulate Commerce, as amended by Act of June 18, 1910, United may forbid the giving of franks with certain exceptions. States.

It is expressly provided, however,

"That messages by telegraph, telephone, or cable, subject to the provisions of this act, may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as are just and reasonable, and different rates may be charged for the different classes of messages: And provided further, That nothing in this act shall be construed to prevent telephone, telegraph, and cable companies from entering into contracts with common carriers for the exchange of services."