"In the case of a telegraph corporation, or person engaged in the public telegraph business, the commission may also, whenever it may determine it to be necessary or proper for the accommodation or convenience of the public so to do, after hearing had upon its own motion or upon complaint, require any such telegraph corporation or person to permit any other such telegraph corporation, or person engaged in the public telegraph business, to connect its or his lines of telegraph with the lines of telegraph of such first-named telegraph corporation or person; and interchangeably to receive dispatches from and for each other, and from and for any individual or individuals; and, on payment of its or his usual charges to individuals for transmitting dispatches, as established by the rates and regulations of such telegraph corporation or person, or by the commission as hereinafter provided, to transmit such dispatches with impartiality and good faith." Same, Art. V, § 8. 'Whenever the commission shall find that there are any two or more telephone companies whose lines form a continuous line of communication, or could be made to do so by the construction and maintenance of suitable connections between the several lines at common points, for the transmission of conversations between different localities which are not reached by the lines of either company alone, and that such connections and facilities for the through transmission of conversations, jointly, over the several lines, can reasonably be made, and an efficient service can be obtained without injustice to either company, and without substantial impairment or detriment to the service to be rendered by either company, and that a public necessity exists therefor; or 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 by its order require that such connection be made and facilities supplied, and that through conversations be transmitted thereby; and 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. “*** when application shall be made to the commission by any telegraph corporation, or person or persons engaged in the public telegraph business, for the approval by the commission of the connection of its or his lines of telegraph with the lines of any other such telegraph corporation, or person engaged in the public telegraph business; or when application shall be made to the commission by any telephone corporation, or person engaged in the public telephone business, to connect, use, and interchange its or his lines, facilities, and service with the lines, facilities, and service of any other such telephone corporation, or person engaged in the public telephone business; and for the determination by the commission of the just compensation, terms, and conditions of such connection, use, and interchange; *** such approval, in each and every such case, or kind of application, shall be given only if and when the said commission shall find or determine that the granting or approval of such (Penn.) (Penn.) South South application is necessary or proper for the service, accommodation, "*** said commission shall especially have the right and power Detailed provisions as to railroad connections, which may apply to telephone and telegraph companies by virtue of § 3162 of the above act, appear in § 3197 et seq. "*** All common carriers subject to the provisions of this article shall, according to their respective powers, afford all reasonable, proper and equal facilities for the interchange of traffic between their respective lines, and for *** the receiving, forwarding and delivering of *** messages by telephone, to and from their several lines and to and from other lines and places connected therewith, and shall not discriminate in their accommodations, rates and charges between such connecting lines." Laws 1911, c. 207, § 7. "It shall be unlawful for any common carrier * * * to enter into any combination, contract or agreement, express or implied, to prevent by change of time, schedules, *** or by other means or devices, the carriage of *** messages by telephone, from being continuous from the place of shipment to the place of destination in this state; ***." Same, § 11. See, also, § 50, as am'd 1913, c. 308. Terminal fees shall not exceed five cents per message unless otherwise ordered by the board. Laws 1909, c. 289, § 6, as am'd Laws 1911, c. 218, § 4. "The board of railroad commissioners shall have jurisdiction to compel the connection of different telephone lines in the state of South Dakota. Any telephone company desiring its lines to connect with any other company's line or exchange shall, whenever such connection shall be refused, make application to the board of railroad commissioners. Provided, however, that when any telephone line shall be constructed to the corporate limits of any city, town or village and shall be denied the privilege to construct its telephone line within such corporate limits the board of railway commissioners may, in its discretion, compel the construction of such connections by such company or companies interested therein and the expense of such construction and connection shall be borne by the companies interested; in such manner as the board of railroad commissioners shall determine. Upon receipt of such application the board of railroad commissioners shall ascertain the facts in the case and if in their judgment the public service demands said connection and the lines of the applicant are in proper condition, said railroad commissioners shall order such connections to be made, and shall apportion the expense thereof. Provided, however, that no wire shall be compelled to connect except at exchanges or station points. Nothing in this Act shall be construed to prevent any telephone company from connecting its line or lines with any other telephone company's line "Every telephone company shall connect its lines with the lines. (S. D.) The right to compel connections is reserved to the general assembly. Code Virginia. 1904, § 1294 b (4). "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." Laws 1911, c. 117, § 45. "Whenever the commission shall find that any two or more telephone companies, whose lines form a continuous line of communication, or could be made to do so by the construction and maintenance of suitable connections for the transfer of messages or conversations at common points between different localities which are not reached by the line of either company alone, and that such connections or facilities for the transfer of messages or conversations at common points can reasonably be made, an efficient service obtained and that a necessity exists therefor, * * * the commission may, by its order, require such connection to be made, and that conversations be transmitted and messages transferred, and 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 has authority to apportion the costs and receipts involved in such joint service. Same, § 83. (Quoted on p. 475). Washington. § 1797m-4 contains provisions practically identical with those quoted above Wisconsin. from § 8 of the Indiana law. Stats. 1911, § 1797m-4. Any public utility operating any telephone exchange in any city or village, shall, on demand, extend its lines to the limits of such city or village for the purposes mentioned and subject to the conditions and requirements prescribed in section 1797m-4 and 1797m-30." Same, 1797m-74, as am'd 1913, c. 610. 9. VALUATION OF PROPERTY. 'That the commission shall, as hereinafter provided, investigate, ascertain, and report the value of all the property owned or used by every common carrier1 subject to the provisions of this Act. To enable the commission to make such investigation and report, it 'Common carrier is defined to include telephone and telegraph companies. United (U.S.) is authorized to employ such experts and other assistants as may be necessary. The commission may appoint examiners who shall have power to administer oaths, examine witnesses, and take testimony. The commission shall make an inventory which shall list the property of every common carrier subject to the provisions of this Act in detail, and show the value thereof as hereinafter provided, and shall classify the physical property, as nearly as practicable, in conformity with the classification of expenditures for road and equipment, as prescribed by the Interstate Commerce Commission. "First. In such investigation said commission shall ascertain and report in detail as to each piece of property owned or used by said common carrier for its purposes as a common carrier, the original cost to date, the cost of reproduction new, the cost of reproduction less depreciation, and an analysis of the methods by which these several costs are obtained, and the reason for their differences, if any. The commission shall in like manner ascertain and report separately other values, and elements of value, if any, of the property of such common carrier, and an analysis of the methods of valuation employed, and of the reasons for any differences between any such value, and each of the foregoing cost values. "Second. Such investigation and report shall state in detail and separately from improvements the original cost of all lands, rights of way, and terminals owned or used for the purposes of a common carrier, and ascertained as of the time of dedication to public use, and the present value of the same, and separately the original and present cost of condemnation and damages or of purchase in excess of such original cost or present value. "Third. Such investigation and report shall show separately the property held for purposes other than those of a common carrier, and the original cost and present value of the same, together with an analysis of the methods of valuation employed. Fourth. In ascertaining the original cost to date of the property of such common carrier the commission, in addition to such other elements as it may deem necessary, shall investigate and report upon the history and organization of the present and of any previous corporation operating such property; upon any increases or decreases of stocks, bonds, or other securities, in any reorganization; upon moneys received by any such corporation by reason of any issues of stocks, bonds, or other securities; upon the syndicating, banking, and other financial arrangements under which such issues were made and the expense thereof; and upon the net and gross earnings of such corporations; and shall also ascertain and report in such detail as may be determined by the commission upon the expenditure of all moneys and the purposes for which the same were expended. "Fifth. The commission shall ascertain and report the amount and value of any aid, gift, grant of right of way, or donation, made to any such common carrier, or to any previous corporation operating such property, by the Government of the United States or by any State, county, or municipal government, or by individuals, associations, or corporations; and it shall also ascertain and report the grants of land to any such common carrier, or any previous corporation operating such property, by the Government of the United States, or by any State, county, or municipal government, and the amount of money derived from the sale of any portion of such grants and the value of the unsold portion thereof at the time acquired and at the present time, also, the amount and value of any concession and allowance made by such common carrier to the Government of the United States, or to any State, county, or municipal government in consideration of such aid, gift, grant, or donation. "Except as herein otherwise provided, the commission shall have power to prescribe the method of procedure to be followed in the conduct of the investigation, the form in which the results of the valuation shall be submitted, and the classification of the elements that constitute the ascertained value, and such investigation shall show the value of the property of every common carrier as a whole and separately the value of its property in each of the several States and Territories and the District of Columbia, classified and in detail as herein required. Such investigation shall be commenced within sixty days after the approval of this Act and shall be prosecuted with diligence and thoroughness, and the result thereof reported to Congress at the begining of each regular session thereafter until completed. "Every common carrier subject to the provisions of this Act shall furnish to the commission or its agents from time to time and as the commission may require maps, profiles, contracts, reports of engineers, and any other documents, records, and papers, or copies of any or all of the same, in aid of such investigation and determination. of the value of the property of said common carrier, and shall grant to all agents of the commission free access to its right of way, its property, and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent, and every common carrier is hereby directed and required to co-operate with and aid the commission in the work of the valuation of its property in such further particulars and to such extent as the commission may require and direct, and all rules and regulations made by the commission for the purpose of administering the provisions of this section and section twenty of this Act shall have the full force and effect of the law. Unless otherwise ordered by the commission, with the reasons therefor, the records and data of the commission shall be open to the inspection and examination of the public. Upon the completion of the valuation herein provided for the commission shall thereafter in like manner keep itself informed of all extensions and improvements or other changes in the condition and value of the property of all common carriers, and shall ascertain the value thereof, and shall from time to time, revise and correct its valuations, showing such revision and correction classified and as a whole and separately in each of the several States and Territories and the District of Columbia, which valuations, both original and corrected, shall be tentative valuations and shall be reported to Congress at the beginning of each regular session. "To enable the commission to make such changes and corrections in its valuations of each class of property, every common carrier subject to the provisions of this Act shall make such reports and furnish such information as the commission may require. Whenever the commission shall have completed the tentative valuation of the property of any common carrier, as herein directed, and before such valuation shall become final, the commission shall (U.S.) |