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 utilities 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."

(U. S.)

District of

Columbia.

And further,

"That this provision shall not be construed to prohibit the privilege of passes or franks, or the exchange thereof with each other, for the officers, agents, employees, and their families of such telegraph, telephone and cable lines, and the officers, agents, employees and their families of other common carriers subject to the provision of this act." § 1, Act to Regulate Commerce, as am'd.

"That it shall be unlawful for any common carrier1 subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever, or to subject any particular person, company, firm, corporation, or locality, or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever." Same, § 3.

See, also, § 22, containing further exceptions, some of which may apply to telephone, telegraph and cable companies.

The commission may investigate discriminations in rates or service upon its own initiative or upon reasonable complaint. District Appropriation Act, March 4, 1913, § 8, par. 38.

Preferential or discriminatory rates or service shall be corrected by the commission. Same, par. 41. See, also, par. 88.

***

"That if any public utility or any agent or officer thereof shall,
directly or indirectly, by any device whatsoever, or otherwise,
charge, demand, collect, or receive from any person, firm, or corpora-
tion a greater or less compensation for any service rendered or to be
rendered by it in or affecting or relating to the conduct of a
telephone line, telephone corporation, telegraph line, or telegraph
corporation, * * *
*** or the conveyance of telephone or telegraph
messages, or for any service in connection therewith than that pre-
scribed in the public schedules or tariffs then in force or established
as provided herein, or than it charges, demands, collects, or receives
from any other person, firm, or corporation other than one conducting
a like business for a like and contemporaneous service, such public
utility shall be deemed guilty of unjust discrimination, which is here-
by prohibited and declared to be a misdemeanor and unlawful, and
upon conviction thereof shall forfeit and pay to the District of Co-
lumbia no tless than $100 nor more than $1,000 for each offense; and
such agent or officer so offending shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punished by a fine of not
less than $50 nor more than $100 for each offense." Same, par. 81.

"That it shall be unlawful for any public utility to demand,
charge, collect, or receive from any person, firm, or corporation less
compensation for any service rendered or to be rendered by said pub-
lic utility in consideration of the furnishing by said person, firm, or
corporation of any part of the facilities incident thereto: Provided,
That nothing herein shall be construed as prohibiting any public
utility from renting any facilities incident to *** the conveyance
of telegraph or telephone messages, and paying a reasonable rental

1Defined to include telephone, telegraph and cable companies,

therefor; or as requiring any public utility to furnish any part of
such appliances which are situated in and upon the premises of any
consumer or user, except telephone station equipment upon the
subscriber's premises, and, unless otherwise ordered by the commis-
sion, meters, and appliances for measurements of any product or
service." Same, par. 82.

**

That it shall be unlawful for any person, firm, or corporation to solicit, accept, or receive any rebate, concession, or discrimination in respect to any service in or affecting or relating to any public utility or the conveying of telegraph or telephone messages within the District of Columbia, or for any service in connection therewith whereby any such service shall, by any device whatsoever or otherwise, be rendered free or at a less rate than that named in the schedules and tariffs in force as provided in this section, or whereby any service or advantage is received other than is in this section specified. Any person, firm, or corporation violating the provisions of this paragraph shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $200 nor more than $1,000 for each offense." Same, par. 83.

(D. C.)

If, upon investigation, rates, charges, regulations or services shall be found Alabama. unjustly discriminatory, the commission shall order substituted proper rates, etc. Code 1907, § 5669.

Transmission companies shall receive and transmit messages delivered to Arizona. them by other such companies, and deliver messages to other such companies, without discrimination or delay. Const., Art. XV, § 9.

no discrimination in charges, service, or facilities shall be made between persons or places for rendering a like and contemporaneous service, except that the granting of free or reduced rate transportation may be authorized by law, or by the Corporation Commission, to the classes of persons described in the Act of Congress, approved February 11, 1887, entitled An Act to Regulate Commerce, and the amendments thereto, as those to whom free or reduced rate transportation may be granted." Same, § 12.

Common carriers may give free or reduced rate transportation to linemen
of telegraph and telephone corporations, when authorized by the commission.
Passes or franks may be interchanged by all common carriers, for their officers,
agents, employees and their families.
agreement for interchange of service.
telephone and telegraph corporations.

Common carriers may also enter into an
"Common carrier " by definition includes
Laws 1912, c. 90, § 17 (a) (3).

"Every common carrier shall, on the first Monday in July of
each year, and at such other time as may be required by the Com-
mission file with the Commission a verified list of all ***
franks *** issued for other than actual bona fide money
consideration at full established rates during the preceding year,
together with the names of the recipients thereof, the amount re-
ceived therefor, and the reason for issuing the same." Same, § 17
(a) (4).

"Except as in this section otherwise provided, no public service corporation shall charge, demand, collect, or receive a greater or less or different compensation for any product or commodity furnished,

(Ariz.)

California.

or to be furnished, or for any service rendered, or to be rendered,
than the rates, tolls, rentals, and charges applicable to such product
or commodity or service as specified in its schedules on file and in
effect at the time, nor shall any such public service corporation
refund or remit, directly or indirectly, in any manner or by any
device, any portion of the rates, tolls, rentals and charges so speci-
fied, nor extend to any corporation or persons any form of contract
or agreement or any rule or regulation, or any facility or privilege
except such as are regularly and uniformly extended to all corpora-
tions and persons; provided, that the Commission may by rule or
order establish such exceptions from the operation of this prohibi-
tion as it may consider just and reasonable as to each public service
corporation." Same, § 17 (b).

§§ 19, 22 (b), 24 (b, c) of the Arizona law (Laws 1912, c. 90) differ only in unimportant details of phraseology from the similarly numbered sections of the California law, quoted or referred to below.

The commission is authorized, after hearing upon its own motion or upon complaint, to correct discriminations, etc., in rates. Same, § 32. Likewise discriminations in service. Same, § 35.

The commission may investigate interstate rates, and, if discriminatory seek relief from the interstate commerce commission or a court. Same, § 34.

The commission may award reparation when rates complained of are found discriminatory. Same, § 71.

Common carriers may give passes or reduced rates to employees of telephone and telegraph companies.

Nothing in this act contained shall be construed * * * to prohibit the issue of passes or franks by telegraph or telephone corporations to their officers, agents, employees, attorneys, physicians and surgeons, and members of their families, or the exchange of passes or franks between such telegraph and telephone corporations or between such corporations and such common carriers, for their officers, agents, employees, attorneys, physicians and surgeons and members of their families *** Stats. 1911, 1st ex. sess., c. 14,

§ 17 (a) 3, as am'd 1913, c. 553, § 3.

*** Common carriers may also enter into contracts with telegraph and telephone corporations for an exchange of service." Same, § 17 (a) 4, as am'd 1913, c. 553, § 3.

"Except as in this section otherwise provided, no public utility, shall charge, demand, collect or receive a greater or less or different compensation for any *** service rendered or to be rendered, than the rates, tolls, rentals and charges applicable to such *** service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals and charges so specified, nor extend to any corporation or person any form of contract or agreement or any rule or regulation or any facility or privilege except such as are regularly and uniformly extended to all corporations and persons; provided,

that the commission may by rule or order establish such exceptions
from the operation of this prohibition as it may consider just and
reasonable as to each public utility." Same, § 17 (b), as am'd 1913,
c. 553, § 3.

"No public utility shall, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No public utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities or in any other respect, either as between localities or as between classes of service. The commission shall have the power to determine any question of fact arising under this section." Same, § 19.

"(b) Every telephone corporation and telegraph corporation operating in this state shall receive, transmit and deliver, without discrimination or delay, the conversations and messages of every other telephone or telegraph corporation with whose line a physical connection may have been made." Same, § 22.

(b) No telephone or telegraph corporation subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction, within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to the provisions of this act; but this shall not be construed as authorizing any such telephone or telegraph corporation to charge and receive as great a compensation for a shorter as for a longer distance. Upon application to the commission, a telephone or telegraph corporation may, in special cases, after investigation, be authorized by the commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the commission may from time to time prescribe the extent to which such telephone or telegraph corporation may be relieved from the operation and requirements of this section." Same, § 24.

The commission is authorized, after hearing upon its own motion or upon complaint, to correct discriminations, etc., in rates. Same, § 32. Likewise discriminations in service. Same, § 35.

The commission may investigate interstate rates, and, if discriminatory, apply to the interstate commerce commission or a court for relief. Same, § 34. The commission may order reparation if rates complained of are found to be discriminatory. Same, § 71.

[

(a) No public utility subject to the provisions of this act shall, directly or indirectly, issue, give or tender any free service, ticket, frank, free pass, or other gratuity ***, except to the members of the commission and their agents and employees while in the discharge of their public duties, and except to its employees and their families, its officers, agents, surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and elee

(Cal.)

Colorado.