"Corporations formed to acquire property or to transact business which would be subject to the provisions of this chapter, and corporations possessing franchises for any of the purposes contemplated by this chapter, shall be deemed to be subject to the provisions of this chapter although no property may have been acquired, business transacted or franchises exercised." Same, subd. 7.

Baggage and transfer companies. Laws 1913, c. 344. Steam heating corporations in first district. Laws 1913, c. 505, am'd'g Pub. Ser. Com. Law, § 5. Stock yards. Laws 1913, c. 506, am'd'g Pub. Ser. Com. Law, § 5.

(N. Y.)

North

Railroad, street railway, steamboat, canal, express and sleeping car companies, and all other common carriers; also telegraph and telephone companies, Carolina. banks, loan and trust companies, and building and loan associations. Rev. 1905, § 1066, as am'd P. L. 1907, c. 469, § 2. Extended to include individuals operating telephone and telegraph lines. P. L. 1907, c. 966.

Railroad corporations, express companies, car companies, freight and freight- North Dakota. line companies and any common carrier. "Common carrier " is defined to include telephone and telegraph companies and associations engaged in the receiving, transmitting and delivering of messages. Rev. Codes 1905, § 4324, as am'd Laws 1911, c. 255. See, also, Rev. Codes 1905, § 369. Warehouses, including elevators and grist mills. Same, §§ 2241, 2244. Commission merchants. Laws 1913, c. 240.

Railroads, including companies operating, managing or controlling bridges, Ohio. terminals, union depots, sidetracks, docks, wharves, storage elevators, express companies, water transportation companies, and interurban railroad companies. Gen. Code 1910, § 501, as am'd Laws 1911, p. 549, § 1. See, also, 1913, p. 804, § 20 [499-7].

Sleeping car companies, equipment companies, freight and freight-line companies. Gen. Code 1910, § 502, as am'd Laws 1911, p. 549, § 1. See, also, 1913, p. 804, § 20 [499-7].

Telegraph companies, telephone companies, electric light companies, gas companies, natural gas companies, pipe line companies, water works companies, heating or cooling companies, messenger companies, signalling companies, street railroads, suburban railroads. Laws 1911, p. 549, § 3 [614-2]. See, also, 1913, p. 804, § 20 [499-7].

A provision similar to that in New York (§ 5, subd. 7) is found in Same, § 77 [614-74].

All transportation and transmission companies doing business in the state. Oklahoma. Const., Art. 9, § 18. Gas, electric light, heat and power companies, and all persons and corporations having the right of eminent domain, or to use public highways in a manner not permitted the general public. Same, § 34.

By a provision of the anti-trust law any business which, "by reason of its nature, extent, or the existence of a virtual monopoly therein, is such that the public must use the same," is a public business subject to be controlled by the corporation commission as to prices, rates and charges. Rev. Laws 1910, § 8235.

See, also, Laws 1913, c. 93, extending jurisdiction over "public utilities " which term does not include telephone and telegraph companies.

Oregon.

Pennsylvania.

Rhode Island.

South
Carolina.

South Dakota.

Tennessee.

Vermont.

Telegraph and telephone companies (wire or wireless), street railroads, heat, light, water or power companies, not including any plants owned or operated by a municipality. Laws 1911, c. 279, §§ 1, 6. Railroad companies, union depot companies, terminal companies, car companies, oil companies, tank line companies, sleeping car companies, freight and freight line companies, express companies. Lord's Ore. Laws, 1910, § 6886. Commission merchants. Laws 1913, c. 88.

Public service companies, including railroad, canal, street railway, stage line, express, baggage transfer, pipe line, and ferry corporations, common carriers, Pullman car, dining car, tunnel, turnpike, bridge, wharf, incline plane, grain elevator, telegraph, telephone, natural gas, artificial gas, electric, water, water power, heat, refrigerating, and sewage, corporations doing business in state, and all persons engaged for profit in same kind of business. Municipally owned property is expressly excepted. (But see Art. II, § 1, Art. V, § 15, giving authority over accounting of municipal utilities.) Laws 1913, No. 854,' Art. I, § 1.

"Public utilities " defined to include railroads, street railroads, common cartiers, and telegraph, telephone, gas, electric, water, light, heat or power companies, excepting municipal waterworks. "Common carrier," by definition, includes express, freight, freight line, dining car, steamboat, power boat and ferry companies. Laws 1912, c. 795, § 2.

*

*** over all transporting and transmitting corporations, ** Const. 1895, Art. IX, § 14.

“*** railroads and railways, express and telegraph lines in this State operated by steam, *** Code 1912, § 3142. Extended to include telephone companies. Same, § 3161.

Interurban railroads, electric or other. Laws 1913, No. 119.

Railroads, corporations and railway companies, express companies, car companies, sleeping car companies, freight or freight line companies, telephone companies, and to any common carrier or carriers engaged in this state in the transportation of passengers, property or messages by telephone. Laws 1911, c. 207, § 1. Warehouses. Laws 1909, c. 232.

Express, telephone and telegraph companies, including telegraph lines and telephone lines and exchanges in all counties having a population of less than 190,000, excepting counties having a population of between 85,000 and 90,000. This operates to exempt the counties of Shelby and Hamilton, in which are located Memphis and Chattanooga, respectively. Acts 1913, c. 32, § 1.

Railroads, common carriers, by land and water, transportation companies. Acts 1897, c. 10.

Gas and electric lighting or heating companies, express companies, telegraph and telephone companies, and power companies. Laws 1908, No. 116, § 3. Railroads, steam and electric. Pub. Stats. 1906, § 4602.

The commission also has certain powers with reference to the incorporation of villages and the amendment of charters of cities and villages. Laws 1910, No. 115. [Held unconstitutional. 86 Atl. 307.]

1 Effective January 1, 1914.

All corporations, and particularly all public service, transportation and trans- Virginia. mission companies. Const., § 156; Code 1904, § 1313a (1).

"The term 'public service company,' when used in this act, includes every common carrier, gas company, electrical company, water compa y, telephone ompany, telegraph company, wharfinger and warehouseman as such terms are defined in this section."

Common carrier " is defined to include railroads, street railroads, steamboat companies, express companies, car companies, sleeping car companies, freight and freight-line companies. Laws 1911, c. 117, § 8.

Grain elevators and hay warehouses, etc. Laws 1911, c. 9.
Bridges. Laws 1913, c. 56, § 12.

Rates for harbor facilities. Laws 1913, c. 62, § 4.

"The jurisdiction of the commission shall extend to and include:

"(a) Common carriers, railroads, street railroads, express companies, sleeping car companies, freight lines, car companies, toll bridges and ferries; and

"(b) Telegraph and telephone companies and pipe line companies for the transportation of oil, gas or water; and

"(c) Gas companies, electric lighting companies and municipalities furnishing gas or electricity for lighting, heating or power purposes; and

(d) Hydro-electric companies for the generation and transmission of light, heat or power, and water companies; and

(e) All persons, associations, corporations and agencies employed or engaged in any of the businesses hereinbefore enumerated.

"The words public service corporation' used in this act shall include all persons, association of persons, firms, corporations, municipalities and agencies engaged or employed in any business herein enumerated, or in any other public service business whether above enumerated or not, whether incorporated or not. The commission shall also perform such duties as may be imposed upon it by law in connection with any workmen's compensation law or fund which may be passed or established." Acts 1913, c. 9, § 3.

"The commission shall have general supervision of all persons, firms or corporations having authority under any charter, or franchise of any city, town or municipality, county court, or tribunal in lieu thereof, to lay down and maintain wires, pipes, conduits, ducts or other fixtures in, over or under streets, highways or public places for the purpose of furnishing and distributing gas, or for furnishing and transmitting electricity for light, heat or power, or maintaining underground conduits, or ducts for electrical conductors, or for telegraph or telephone purposes, and for the purpose of furnishing water either for domestic or power purposes and of oil and gas pipe lines." Same, § 10.

Hydro-electric companies. Acts 1913, c. 11, § 24.

1 Acts 1913, c. 10, created a workmen's compensation fund, which is to be administered by the commission.

Washington.

West
Virginia.

Wisconsin.

Water power. Stats. 1911, § 1596.

Dams. Same, § 1604m.

Railroads, defined to include street and interurban railway companies, express, telegraph, and district telegraph messenger companies. Same, § 1797-2, as am'd 1913, c. 211.

Public utilities, defined to include telephone, heat, light, water or power companies, and toll bridges. Same, § 1797m-1.

Warehouses. Same, § 1802a.

See, also, Same, $ 1494-57.

United States.

District of
Columbia.

Alabama.

2.

AUTHORITY GENERAL STATEMENT OF POWERS.

"That the commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the commission to perform the duties and carry out the objects for which it was created; and the commission is hereby authorized and required to execute and enforce the provisions of this act; *** § 12, Act to Regulate Commerce, as am'd.

"That the commission shall keep itself informed as to the manner and method in which the business of all public utilities is conducted, and shall have the right to obtain from any public utility all necessary information to enable the commission to perform its duties." District Appropriation Act, March 4, 1913, § 8, par. 33.

"That the provisions of this section shall be interpreted and construed liberally in order to accomplish the purposes thereof, and where any specific power or authority is given the commission by the provisions of this section the enumeration thereof shall not be held to exclude or impair any power or authority otherwise in this section conferred on said commission. The commission hereby created shall have, in addition to the powers in this section specified, mentioned, and indicated all additional, implied, and incidental power which may be proper and necessary to effect and carry out, perform, and execute all the said powers herein specified, mentioned, and indicated. Same, par. 92.

*** ""

For authority conferred upon the Commissioners of the District of Columbia, which are, ex officio, the Public Utilities Commission, see 20 U. S. Stats. at Large, p. 102, c. 180.

"The railroad commission of Alabama is charged with the duty of supervising, regulating, and controlling all transportation companies' doing business in this state in all matters relating to the performance of their public duties, and their charges therefor, and of correcting abuses therein by such companies

***

"And the commission shall enforce and require compliance with all the provisions of all laws now in force or hereafter enacted regulating railroads and other transportation companies' or prescribing the duties thereof." Code 1907, § 5651.

Defined to include telephone and telegraph companies. § 5647.

"The Corporation Commission shall have the sole power to issue certificates of incorporation to companies organizing under the laws of this state, and to issue licenses to foreign corporations to do business in this state, as may be prescribed by law." Const., Art. XIV, § 18.

§§ 30, 31 of the Arizona law (Laws 1912, c. 90) differ only in unimportant details of phraseology from §§ 30, 31 of the California law quoted below.

"The railroad commission shall have and exercise such power and jurisdiction to supervise and regulate public utilities, in the State of California, and to fix the rates to be charged for commodities furnished, or services rendered by public utilities as shall be conferred upon it by the legislature, and the right of the legislature to confer powers upon the railroad commission respecting public utilities is hereby declared to be plenary and to be unlimited by any provision of this constitution." Const., Art. XII, § 23, as am'd 1911. (See Stats. 1911, Pt. 2, p. 2164.) (For proposed amendment see Res. 1913, c. 93.)

"Every public utility shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the commission in the matters herein specified, or any other matter in any way relating to or affecting its business as a public utility, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation by all of its officers, agents and employees." Stats. 1911, 1st ex. sess., c. 14, § 30.

"The railroad commission is hereby vested with power and jurisdiction to supervise and regulate every public utility in the state and to do all things, whether herein specifically designated or in addition thereto, which are necessary and convenient in the exercise of such power and jurisdiction." Same, § 31.

"The power and authority is hereby vested in The Public Utilities Commission of the State of Colorado, and it is hereby made its duty *** to generally supervise and regulate every public utility in this State and to do all th ngs, whether herein specifically designated, or in addition thereto, which are necessary or convenient in the exercise of such power, and to enforce the same by the penalties provided in this act, through proper courts having jurisd ction." Laws 1913, c. 127, § 14. (See note p. 3.)

"The Railroad Commissioners of this State shall exercise over and in relation to telegraph companies and telephone companies the powers by this Act conferred." Laws 1913, c. 6525, § 1.

"The Commissioners shall have power to prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by law either in express terms or by implication. Same, § 20.

*** ""

The Commissioners shall, so far as the Constitution of this State permits, exercise all such judicial powers as may be necessary to enable them to do, enforce or perform any duty, power or function conferred on them by this Act." Same, § 26.

Arizona.

California.

Colorado.