(Wash.) West Virginia. "No telegraph company or telephone company shall make or give any undue or unreasonable preference or advantage to any person, corporation or locality, or subject any particular person, corporation or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever." Same, § 42. "Nothing in this act shall be construed to prevent any telegraph company or telephone company from continuing to furnish the use of its line, equipment or service under any contract or contracts in force at the date this act takes effect or upon the taking effect of any schedule or schedules of rates subsequently filed with the commission, as herein provided, at the rates fixed in such contract or contracts: Provided, however, That the commission shall have power, in its discretion, to direct by order that such contract or contracts shall be terminated by the telephone company or telegraph company party thereto, and thereupon such contract or contracts shall be terminated by such telephone company or telegraph company as and when directed by such order." Same, § 43. No telephone or telegraph company subject to the provisions of this act shall charge or receive any greater compensation in the aggregate for the transmission of any long distance conversation or message of like kind for a shorter than for a longer distance over the same line, 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 subject to the provision of this act, but this shall not be construed as authorizing any such telephone company or telegraph company to charge and receive as great a compensation for a shorter as for a longer distance. Upon application of any telephone company or telegraph company the commission may, by order, authorize it to charge less for longer than for a shorter distance service for the transmission of converation or messages in special cases after investigation, but the order must specify and prescribe the extent to which the telephone company or telegraph company making such application is relieved from the operation of this section, and only to the extent so specified and prescribed shall any telephone company or telegraph company be relieved from the requirements of this section." Same, § 44. 'Every telephone company or telegraph company operating in this state shall receive, transmit and deliver, without discrimination or delay, the messages of any other telephone or telegraph company." Same, § 45. For provision relating to complaints by competing companies as to discriminatory practices, see Same, § 80, as am'd 1913, c. 145. (Quoted on p. 95.) The commission may change or prohibit any practice, device or method of service. in order to prevent undue discrimination or favoritism as between person, localities or classes of freight; ***." Acts 1913, c. 9, § 5. "No public service corporation subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person, firm or corporation, a greater or less compensation for any service rendered or to be rendered, than it charges, demands, collects or receives from any other person, firm or corporation for "It shall be unlawful for any public service corporation 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 character of traffic or service, in any respect whatsoever, or to subject any particular person, firm, corporation, company or locality, or any particular character of traffic or service, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever." Same, § 7. "*** provided, further, that nothing in this act shall be construed to prevent telephone, telegraph, sleeping car and express companies from entering into contracts with one another, and with common carriers for the exchange of services, or from exchanging with one another and with common carriers, the privileges of passes or franks for the officers, agents, employes and their families, of such companies and common carriers." Same, § 20. (W. Va.) Provisions, similar to those in Oregon (§§ 43, 51, 62), are found in Stats. Wisconsin. 1911, §§ 1797m-46, 60, 88. The commission may investigate discrimination upon its own initiative. Same, § 1797m-49-51. "If any public utility or any agent or officer thereof, or any officer of any municipality constituting a public utility as defined in §§ 1797m-1 to 1797m-109, inclusive, shall, directly or indirectly, by any device whatsoever or otherwise, charge, demand, collect or receive from any person, firm or corporation a greater or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water or power or the conveyance of telephone messages or for any service in connection therewith than that prescribed in the published 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 for a like and contemporaneous service, such public utility shall be deemed guilty of unjust discrimination which is hereby prohibited and declared to be unlawful, and upon conviction thereof shall forfeit and pay into the state treasury not less than one hundred dollars nor more than one thousand dollars for each offense; and such agent or officer so offending shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offense." Same, § 1797m-89. A provision similar to that in Oregon (§ 64) is found in Same, § 1797m-90. "If any public utility make or give any undue or unreasonable preference or advantage to any particular person, firm or corporation or shall subject any particular person, firm or corporation to any undue or unreasonable prejudice or disadvantage in any respect whatsoever, such public utility shall be deemed guilty of unjust discrimination which is hereby prohibited and declared unlawful." (Wis.) "The furnishing by any public utility, of any product or service at the rates and upon the terms and conditions provided for in any existing contract executed prior to April 1, 1907, shall not constitute a discrimination within the meaning specified. Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars for each offense." Same, § 1797m-91. A provision similar to that in Oregon (§ 66) is found in Same, § 1797m-92. The above apply to telephone, not to telegraph, companies. For provisions forbidding discrimination by telegraph companies, see Same, §§ 1797–8,-14,-22–24. See, also, Same, § 1791a. District of 7. SERVICE INCLUDING MAINTENANCE OF EQUIPMENT. The term 'service' is used in this section in its broadest and most inclusive sense." "The term 'extension or extensions' when used in this section shall include the reasonable extension of the service and facilities of every street railroad, street railroad corporation, gas plant, gas corporation, electric plant, electrical corporation, telephone corporation, telephone line, telegraph line, and telegraph corporation as the same are defined in this section." District Appropriation Act, March 4, 1913, § 8, par. 1. That every public utility doing business within the District of Columbia is required to furnish service and facilities reasonably safe and adequate and in all respects just and reasonable. * * * Every public utility is hereby required to obey the lawful orders of the commission created by this section." Same, par. 2. "That the commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage, or other condition pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for examining and testing such product or service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurements, and every public utility is required to carry into effect all orders issued by the commission relative thereto." Same, par. 21. That the commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user." Same, par. 22. "That the commission may purchase such materials, apparatus, and standard measuring instruments for such examination and tests as it may deem necessary. The commission, its agents, experts, or examiners, shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided for in this section, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor." Same, par. 23. "That upon its own initiative or upon reasonable complaint made against any public utility that any *** *** services, or time and conditions of payment, or any joint *** services, are in any respect unreasonable or unjustly discriminatory, or that any time schedule, regulation, or act whatsoever affecting or relating to the *** conveyance of any telegraph or telephone message, or any service in connection therewith, is in any respect unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate or can not be obtained, the commission may, in its discretion, proceed, with or without notice, to make such investigation as it may deem necessary or convenient. But no order affecting said *** regulations, or act complained of shall be entered by the commission without a formal hearing." Same, par. 38. For further details as to procedure see "Procedure," infra. *** If upon such investigation it shall be found that any regulation, time schedule, act, or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise in violation of any of the provisions of this section, or if it be found that reasonable service is not supplied, the commission shall have power to determine and substitute therefor such other regulations, time schedules, service, or acts and to make such orders respecting and such changes in such regulations, time schedules, service, or acts as shall be just and reasonable. And upon any investigation for the purpose of determining upon and requiring any reasonable extension or extensions of lines or of service that shall promise to be compensatory within a reasonable time, the commission shall have power to fix, determine, and require every such extension or extensions to be made and the terms and conditions upon which the same shall be made: Provided, That no hearing shall be had and no order shall be made respecting such extension or extensions without notice to the public utility affected thereby, as provided in paragraph forty of this section." Same, par. 41. Whenever the commission shall be of opinion, after hearing had upon its own motion or upon complaint, that repairs, improvements, or changes in any *** telephone line, telegraph ought reasonably to be made, or that any addition of service or equipment ought reasonably to be made thereto, *** in order to promote the comfort or convenience of the public or employees, or in order to secure adequate service or facilities, the commission shall have power to make and serve an order directing that such repairs, improvements, changes, or additions to service or equipment be made within a reasonable time and in a manner to be specified therein, and every such public utility is hereby required and directed to obey every such order of the commission." Same, par. 96. (D. C.) Alabama. Arizona. California. 'Every transportation company adequate service and facilities, shall furnish reasonably "The railroad commission *** shall require them to establish and maintain all such public service, facilities, and conveniences as may be reasonable and just, ***." Same, § 5651. If, upon investigation, service is found to be inadequate, the commission may make such orders as it shall determine to be reasonable. Same, § 5669. Commission may investigate service upon its own motion. Same, § 5671. "The Corporation Commission shall have full power to, and Companies shall render joint service under rules and regulations prescribed by the commission or by law. Same, § 9. §§ 13, 15, 19, 35, 36, 45 (b), 46 (c) of the Arizona law (Laws 1912, c. 90) contain provisions identical with, or differing only in unimportant details of phraseology from, the provisions from the similarly numbered sections of the California law quoted or referred to below. A section similar to § 14 (b) of the California law does not seem to apply to telephone and telegraph companies. § 42 of the Arizona law differs from § 42 of the California law quoted below in the omission from the Arizona law of authority to require and regulate the construction of lines, etc. "(b) Every public utility shall furnish, provide and maintain such service, instrumentalities, equipment and facilities as shall promote the safety, health, comfort and convenience of its patrons, employees and the public, and as shall be in all respects adequate, efficient, just and reasonable. (c) All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall be just and reasonable." Stats. 1911, 1st ex. sess., c. 14, § 13. Rules, regulations, contracts, privileges and facilities which affect or relate to service must be filed and published with rate schedules. Same, § 14 (b). No change shall be made in any rule, regulation, or contract relating to service, or in any privilege or facility, except after thirty days' notice to the commission and the public, unless ordered by the commission. Same, § 15. (Quoted on p. 53.) 'Defined to include telephone and telegraph companies. § 5647. |