(Pa.) South Vermont. "Provided, however, That nothing herein contained shall interfere with or affect the right or power of a municipal corporation to continue the operation of its municipal plant, or to extend the same, within the territory of such municipal corporation, or any part thereof, which is not then being supplied by a public service company rendering or furnishing service of a like kind or character: And provided further, That any municipal corporation which, at the time this act becomes effective, has, by authority of law, in process of construction any such plant for the rendering or furnishing to the public of any such service, may proceed with and complete the said construction, and begin to operate the same, without the aforesaid approval of the commission first had and obtained." Same, § 3. "When application shall be made to the commission by any proposed public service company for the approval by said commission of its incorporation, or organization, or creation; or by any public service company for the approval by the commission of the renewal of its charter, or the obtaining of any additional rights, powers, franchises, or privileges by any amendment or supplement to its charter, or otherwise; or for permission from the commission to begin the exercise of any right power, franchise, or privilege; ***, or when application shall be made to the commission by any municipal corporation for the approval required by the provisions of article three, section three (d), of this act, 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 application is necessary or proper for the service, accommodation, convenience, or safety of the public." Same, Art. V, § 18. "For the purpose of enabling the commission to make such finding or determination it shall hold such hearings, which shall be public, and subpoena and examine such witnesses, and compel the production of and examine such books, papers, contracts, or other documents, and make such inquiries, physical examinations, valuations, and investigations as it may deem necessary or proper, in enabling it to reach a determination. Due notice of every such hearing shall be given, and in every case the commission shall make a finding or determination in writing, stating whether or not its approval is given and, if given, shall issue its certificate, to be known as its Certificate of Public Convenience, under its seal, and file among its records a duplicate of every such certificate." Same, § 19. In determining whether a certificate of public convenience shall be issued the commission may enter premises, examine books, etc., Same, § 23. "It shall be unlawful for any common carrier, subject to the Nothing in this act or previous statutes shall be construed as giving the public service commission power to prevent or restrict competition or limit the number of persons or companies who may engage in *** any *** business subject to supervision under the provisions of this act in any town." Laws 1908, No. 116, § 23. "*** Provided, further, That when two or more public service corporations, (meaning to exclude municipal and other public corporations) are engaged in competition in any locality or localities. in the state, either may make complaint against the other or others that the rates, charges, rules, regulations or practices of such other or others with or in respect to which the complainant is in competition, are unreasonable, unremunerative, discriminatory, illegal, unfair or intending or tending to oppress the complainant, to stifle competition, or to create or encourage the creation of monopoly, and upon such complaint or upon complaint of the commission upon its own motion, the commission shall have power, after notice and hearing as in other cases, to, by its order, subject to appeal as in other cases, correct the abuse complained of by establishing such uniform rates, charges, rules, regulations or practices in lieu of those complained of, to be observed by all of such competing public service corporations in the locality or localities specified as shall be found reasonable, remunerative, non-discriminatory, legal, and fair or tending to prevent oppression or monopoly or to encourage competition, and upon any such hearing it shall be proper for the commission to take into consideration the rates, charges, rules, regulations and practices of the public service corporation or corporations complained of in any other locality or localities in the state. Laws 1911, c. 117, § 80, as am'd 1913, c. 145. ** "1. No license, permit or franchise shall be granted to any person, copartnership or corporation, to own, operate, manage or control any plant or equipment for the conveyance of telephone messages, or for the production, transmission, delivery or furnishing of heat, light, water or power in any municipality, where there is in operation under an indeterminate permit, as provided in sections 1797m-1 to 1797m-109, inclusive, a public utility engaged in similar service, without first securing from the commission a declaration, after a public hearing of all parties interested, that public convenience and necessity require such second public utility. This subsection shall not prevent or impose any condition upon the extension of any telephone toll line from any municipality into or through any municipality for the purpose of connecting with any telephone exchange in such municipality or connecting with any other telephone line or system. "No public utility already engaged in furnishing telephone service shall install or extend any telephone exchange for furnishing local service to subscribers in any municipality where there is in operation a public utility engaged in similar service, without first having served notice in writing upon the commission and any other public utility already engaged in furnishing local service to subscribers in such municipality of the installation or extension of such exchange which it proposes to make, or make such installation or extensions if the commission, within twenty days after the service of such notice, shall, upon investigation, find and declare that public convenience and necessity do not require the installation or extensions of such exchange, except that any public utility already engaged in furnishing local service to subscribers within any city or village may extend its exchange within such city or village without the authority of the commission. "Any public utility operating any telephone exchange in any city or village, shall, on demand, extend its lines to the limits of such Washington. Wisconsin. (Wis.) city or village for the purposes mentioned and subject to the con- A municipality cannot construct a plant where there is already a similar utility without obtaining a certificate of public convenience and necessity. But the above provisions shall not apply where the existing utility is operating without an indeterminate permit. Stats. 1911, § 1797m-74, as am'd 1913, c. 610. Missouri. New Mexico. North Oklahoma. Virginia. 32. ARBITRATION. "Whenever any public utility has a controversy with another public utility or person and all the parties to such controversy agree in writing to submit such controversy to the commission as arbitrators, the commission shall act as such arbitrators, and after due notice to all parties interested shall proceed to hear such controversy, and their award shall be final. Parties may appear in person or by attorney before such arbitrators." Laws 1913, p. 556, § 118. In case of complaint as to rates the commission shall attempt to effect a settlement by mediation. Laws 1912, c. 78, § 2. A provision practically identical with that in § 118 of the Missouri law, quoted above, is found in Rev. 1905, § 1073. "**** Upon request of the parties interested, it shall be the duty of the Commission, as far as possible, to effect, by mediation, the adjustment of claims, and the settlement of controversies, between transportation or transmission companies and their patrons or employees.' Const., Art. 9, § 18. Every license issued or charter granted to a mining or public service corporation, foreign or domestic, shall contain a stipulation that such corporation will submit any difference it may have with employces in reference to labor, to arbitration, as shall be provided by law." Same, § 42. A provision identical with that quoted under Oklahoma (§ 18), except that employees" are not included, is found in Const., § 156 (b). District of Arizona. 33. ACCIDENTS. "That every public utility shall, whenever an accident attended with loss of human life or personal injury without loss of human life occurs within the District of Columbia, upon its premises, or directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the commission. In the event of any such accident, the commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith." District Appropriation Act, March 4, 1913, § 8, par. 89. § 44 of the Arizona law (Laws 1912, c. 90) differs only in unimportant details of phraseology from § 44 of the California law, quoted below. "The commission shall investigate the cause of all accidents occurring within this state upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable; provided, that neither the order or recommendation of the commission nor any accident report filed with the commission shall be admitted as evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in this section referred to. Every public utility is hereby required to file with the commission, under such rules and regulations as the commission may prescribe, a report of each accident so occurring of such kinds or classes as the commission may from time to time designate." Stats. 1911, 1st ex. sess., c. 14, § 44. "Every public service company shall, in the event of any accident, attended with personal injury or involving public safety, which was or may have been connected with or due to the operation of its plant or equipment, or caused by contact with its wires, notify the commission thereof, by telephone or otherwise, as soon as may be reasonably possible after the occurrence of such accident. If said notice be given otherwise than in writing it shall be confirmed in writing within five days after the occurrence of such accident. Any company failing to comply with the provisions of this section shall be fined not more than five hundred dollars for each offense." P. A. 1911, c. 128, § 17. "The commission shall examine into the causes of, and the circumstances connected with, all fatal accidents occurring in the operation of the plant or equipment of any public service company, and such other accidents, whether resulting in personal injury or not, as, in its judgment, shall require investigation. The commission shall make a record of the causes, facts, and circumstances of each accident, within one month thereafter, and as a part of said record shall suggest means, if possible, whereby similar accidents may be avoided in the future. Such record shall be open to public inspection at the office of the commission and a copy thereof shall be mailed to the company affected thereby." Same, § 18. The annual report to the commissioners shall show in detail "the accidents to employees and other persons and the cost thereof." See, also, Gen. Stats. 1906, § 2905, as am'd 1913, c. 6527, relating to accidents on railroads. California. Connecticut. Florida. § 42 of the Idaho law is practically identical with § 44 of the California law, Idaho. quoted above. Laws 1913, c. 61, § 42. "Every public utility shall file with the commission, under such rules and regulations as the commission may prescribe, a report of every accident occurring, or that may occur, to or on its plant, equipment, or other property of such a nature as to endanger the safety, health or property of any person: Provided, that whenever any accident occasions the loss of life or limb to any person, such public utility shall immediately give notice to the commission of the fact by the speediest means of communication, whether telephone, telegraph or post. Illinois. (III.) Indiana. Kansas. [Maine. The commission shall investigate all accidents occurring within this State upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable: Provided, that neither the order or recommendation of the commission nor any accident report filed with the commission shall be admitted in evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in this section referred to." Laws 1913, p. 459,1 § 56. 66 Every public utility shall, whenever an accident attended with loss of human life occurs within this state upon its premises, or directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the commission. In the event of any such accident, the commission if it deem the public interest require it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident unless, for greater convenience of those concerned, it shall order such investigation to be held at some other place; and said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall give due notice to the public utility of the time and place of the investigation." Acts 1913, c. 76, § 123. The annual reports of utilities shall show "the accidents to passengers, employees and other persons, and the causes thereof." Laws 1911, c. 238, § 24. "Every common carrier and every public utility governed by the provisions of this act shall, whenever an accident attended with the loss of human life or serious personal injury occurs upon its premises within this state, give immediate notice thereof by telegraph to the commission. In the event of any such accident, the commission, if it deem the public interest requires it, shall cause an investigation to be made forthwith, in connection with the labor commission, as now provided by law, which investigation shall be held in the locality of the accident, unless for greater convenience of those concerned it shall order such investigation to be held at some other place. Said investigation may be adjourned from place to place as may be found necessary and convenient. The commission shall seasonably notify an officer or agent of the public utility or common carrier of the time and place of the investigation." Same, $ 32. "In the event of an accident resulting in the loss of human life occurring upon the premises of any public utility, or directly or indirectly arising from or connected with its maintenance or operation, the commission shall cause an investigation thereof to be made forthwith, and in the event of any such accident resulting in personal injury or damage to property the commission may make such investigation if in its judgment the public interest requires it, which investigation shall be held in the locality of the accident, unless for the greater convenience of those concerned it shall order such investigation to be held at some other place; such investigation may adjourn from place to place as may be found necessary and convenient. The commission shall seasonably notify the public utility of the time and place of the investigation, and such public utility 'Effective January 1, 1914. |