Amusements, etc., debarment from.

May recover

[No. 105.]

AN ACT making it unlawful for any common carrier, innkeeper or proprietor or lessee of any place of public amusement or entertainment, or any agent, servant or representative of any such common carrier, inn-keeper, proprietor or lessee as aforesaid, to debar from the full and equal enjoyment of the accommodations, advantages, facilities or privileges of any public conveyance on land or water, or any inn or place of public amusement or entertainment, any person in the military or naval service of the United States or of this State, and providing a remedy for such disbarment.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful for any common carrier, inn-keeper or proprietor or lessee of any place of public amusement or entertainment, or any agent, servant or representative of any such common carrier, inn-keeper, proprietor or lessee as aforesaid, to debar from the full and equal enjoyment of the accommodations, advantages, facilities, or privileges of any public conveyance, on land or water, or any inn or of any place of public amusement or entertainment any person in the military or naval service of the United States or of this State, wearing the uniform prescribed for him at that time or place by law, regulation, or the service or custom, on account of his wearing such uniform, or of his being in such service.

SEC. 2. Any person who is debarred from such enjoyment damages, etc. contrary to the provisions of section one of this act, shall be entitled to recover in an action on the case from any corporation, association or person guilty of such violation, his actual damages and one hundred dollars in addition thereto; and evidence that said person debarred was at the time sober, orderly and able and willing to pay for said enjoyment in accordance with the rates fixed therefor for civilians, shall be prima facie evidence in said action that he was debarred on account of his wearing such uniform or of his being in such service.

Approved May 19, 1909.

[No. 106.]

AN ACT to regulate the transmission of electricity through the public highways, streets and places of this State where the source of supply and place of use are in the same or different counties; and to regulate the charges to be made for electricity so transmitted; and to vest the Michigan Railroad Commission with certain powers and duties in regard thereto.

The People of the State of Michigan enact:

transmission

SECTION 1. When electricity is generated or developed by Control of steam, water or other power within one county of this State, of electricity. and transmitted and delivered to the consumer in the same or some other county, then the transmission and distribution of same in or on the public highways, streets and places, and the rate of charge to be made to the consumer for the electricity so transmitted and distributed shall be subject to the regulation as in this act provided.

sion.

SEC. 2. The Michigan Railroad Commission, hereinafter Michigan Railreferred to as "the commission," shall have control and su- road Commispervision of the business of transmitting and supplying electricity as mentioned in the first section of this act.

SEC. 3. Any person, firm or corporation engaged or or Right to use of highways. ganized to engage in any such business of transmitting and supplying electricity in one or more counties of this State, shall, with the consent of the duly constituted city, village and township authorities of the cities, villages and townships in or through which it operates or may hereafter propose to operate, have the right to use the highways, streets, alleys and other public places of such cities, villages and townships: Provided, That in all cases each transmission line Proviso, used shall have insulation and conductivity in accordance with its voltage. In case it has or procures a franchise from Local any city, village or township, it may transact a local busi. business. ness therein. Nothing herein contained shall be construed Impairment to impair any right possessed by any village or township to of rights. the reasonable control of their streets, alleys and public places in all matters of more local concern.

insulation.

show

SEC. 4. Before any person, firm or corporation shall erect Map, where any lines for the transmission of electricity in or through filed, what to the highways, streets or public places of one or more counties of this State, such corporation shall file with the commission a map drawn to such scale as the commission may require, showing the route or routes it proposes to traverse with its lines, the height from the ground, which at highway crossings shall not be less than thirty feet, and at railroad crossings shall be in accordance with the regulations of the

Consent, certified copies of.

Franchises.

Proposed

extensions.

Power and duty of commission.

Idem.

Annual report.

Complaints, investigation

of.

Notice of hearing.

commission made under authority of law; and such other information as the commission may reasonably require, together with certified copies of each consent of such cities, villages and townships as it has procured applicable to such proposed line; and a certified copy of any and all franchises under which it proposes to transact local business in the several municipalities. Whenever any such person, firm or corporation proposes to extend its line, a similar map and copies of such consent and franchise as it has secured applicable to such proposed extension shall be filed.

SEC. 5. The commission shall have power to inspect and examine all such electrical apparatus already installed in any public highways, streets or places, and all such apparatus hereafter installed, and to investigate from time to time the method employed by persons, firms or corporations transmitting and supplying electricity, and shall have power to order such improvements in such method as it shall be necessary to secure good service and the safety of the public and of those employed in the business of transmitting and distributing such electricity, and of any persons liable to be injured by the erection, maintenance and use of such apparatus.

SEC. 6. The commission shall have power in its discretion to order electric current for distribution to be delivered at a suitable primary voltage, to any city, village or township through which a transmission line or lines may pass; prescribe uniform methods of keeping accounts to be observed by all corporations engaged in such business of transmitting and supplying electricity, and to keep informed as to the methods employed by them in the transaction of their business; and to see that their property is maintained and operated for the security and accommodation of the public and in compliance with the provisions of law. It shall have power to require of such persons, firms or corporations annually a verified report upon such form and giving such information as will enable the commission to better discharge the duties imposed upon it hereby.

SEC. 7. Upon complaint in writing by any city, village or township, by its duly constituted common or village council or township board, or other duly constituted authority of such city, village or township, relative to the price of the electricity sold and delivered in such municipality, the commission shall investigate such complaint and may by its agents, examiners and inspectors, inspect the system and method used in transmitting and supplying electricity, and examine or cause to be examined the books and papers of such person, firm or corporation pertaining thereto. The commission shall cause notices of such complaint with a copy thereof to be served on the corporation affected thereby who shall have a right to be heard in respect to the matter complained of at a convenient time and place to be fixed in such

maximum

price.

considered in

notice. After such investigation and hearing, the commis- Order fixing sion within lawful limits may by order fix the maximum price of electricity to be charged by such corporation, and the price so fixed, of which such corporation shall have notice, shall be the maximum price in such municipality until the commission shall upon like complaint or upon the complaint of the person, firm or corporation engaged in furnishing such electricity, again fix the maximum price to be charged therefor. In determining such maximum price, the Elements commission shall consider and give due weight to all lawful determination. elements proper to be considered to enable it to determine the just and reasonable price to be fixed for supplying electricity in such municipality, including cost, reasonable return on actual value of all property used in the service, depreciation, obsolescence, risks of business, value of service. to the consumer, the connected load, the hours of the day when used and the quantity, used each month: Provided, Proviso, price however, That the commission shall in no case have power to fixed under change or alter the price for electricity fixed in or regulated by or under any franchise heretofore or hereafter granted by any city, village or township: Provided further, That the Further proviso, less maximum rate so fixed shall not limit the right of such per rate. son, firm or corporation to supply electricity for a less rate if it charges all customers at the same rate for electricity simultaneously used under like conditions. No corporation or person engaged in the business of supplying electricity shall be entitled to have, receive, or recover a greater charge for electricity supplied to any consumer than that fixed by the commission after the same has been fixed as provided herein. The provisions of the act governing hearings before Act said commission as to rates for transportation of freight by hearings." governing railroads shall so far as applicable govern the hearings before said commission herein provided for.

franchise.

with orders.

SEC. 8. Every corporation, its officers, agents and em- Compliance ployes, and all persons and firms engaged in the business of furnishing electricity as aforesaid shall obey and comply with every lawful order made by the commission under the authority of this act so long as the same shall remain in force. Any corporation or person engaged in such busi- Penalty. ness, or officer, agent, or employe thereof, who wilfully or knowingly fails or neglects to obey or comply with such order or any provision of this act shall forfeit to the State of Michigan not to exceed the sum of three hundred dollars for each offense. Every distinct violation of any such order or of this Separate act, shall be a separate offense, and in case of a continued violation each day shall be deemed a separate offense. An Action of action to recover such forfeiture may be brought in any court recovery. of competent jurisdiction in this State in the name of the people of the State of Michigan, and all moneys recovered for any such action, together with the costs thereof, shall be paid into the State treasury to the credit of the general fund.

offenses.

Act not to apply to telegraph, etc.

SEC. 9. This act shall not apply to the transmission or use of electricity for the purpose of conveying intelligence by telegraph, telephone or other methods now or hereafter adopted therefor.

Approved May 19, 1909.

Sections emended

and added.

or

[No. 107.]

AN ACT to amend sections one, sixteen and twenty-five of act number two hundred seven of the public acts of eighteen hundred eighty-nine, approved June twenty-nine, eighteen hundred eighty-nine, entitled "An act to prohibit the manufacture, sale, keeping for sale, giving away, or furnishing of vinous, malt, brewed, fermented, spirituous intoxicating liquors, or any mixed liquor or beverage, any part of which is intoxicating, and to prohibit the keeping of any saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of such liquors or beverages, and to suspend the general laws of the State relative to the taxation and regulation of the manufacture and sale of such liquors in the several counties of this State under certain circumstances; to authorize the qualified electors of the several counties of this State to express their will in regard to such prohibition by an election, and to authorize and empower the boards of supervisors of the several counties, after such election, if they shall determine the result to be in favor of such prohibition, to prohibit the manufacture, sale, keeping for sale giving away or furnishing of any such liquors, or the keeping of a saloon or any other place for the manufacture, sale, storing for sale, giving away or furnishing of the same in their respective counties, and to provide for penalties and rights of action in case of its violation," as amended and added to by act number one hundred eighty-three of the public acts of eighteen hundred ninety-nine, approved April eighteen, eighteen hundred ninety-nine, and by act number one hundred seventy of the public acts of nineteen hundred three, approved June three, nineteen hundred three, and to add fourteen new sections to stand as sections twentysix, twenty-seven, twenty-eight, twenty-nine, thirty, thirtyone, thirty-two, thirty-three, thirty-four, thirty-five, thirtysix, thirty-seven, thirty-eight and thirty-nine.

The People of the State of Michigan enact:

SECTION 1. Sections one, sixteen and twenty-five of act number two hundred seven of the public acts of eighteen