the commission shall determine the just and reasonable rates, charges, *** "The commission shall have power, and it is hereby made its Complaint as to rates must be signed by mayor or council of city or twentyfive customers. "*** 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, nondiscriminatory, 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." Same, $80, as am'd, 1913, c. 145. "Whenever any public service company shall file with the commission any schedule, classification, rule or regulation, the effect of which is to increase any rate, fare, charge, rental or toll theretofore charged, the commission shall have power, either upon its own motion or upon complaint, upon notice, to enter upon a hearing concerning such proposed increase and the reasonableness and justness thereof, and pending such hearing and the decision thereon the commission may suspend the operation of such rate, fare, charge, rental or toll for a period of ninety (90) days from the time the same would otherwise go into effect, and after a full hearing the commission may make such order in reference thereto as would be provided in a hearing in (Wash.) (Wash.) West itiated after the same had become effective: Provided, That if any "Whenever the commission shall find, after hearing had upon its own motion or upon complaint as herein provided, that any rate, toll, rental or charge with [which?] has been the subject of complaint and inquiry is sufficiently remunerative to the public service company affected thereby, it may order that such rate, toll, rental or charge shall not be changed, altered, abrogated or discontinued, nor shall there be any change in the classification which will change or alter such rate, toll, rental or charge without first obtaining the consent of the commission authorizing such change to be made." Same, § 84. "When complaint has been made to the commission concerning the reasonableness of any rate, fare, toll, rental or charge for any service performed by any public service company, and the same has been investigated by the commission, and the commission shall determine that the public service company has charged an excessive or exorbitant amount for such service, the commission may order that the public service company pay to the complainant the amount of the overcharge so found, with interest from the date of collection." If reparation is not made, suit may be instituted for its collection. If complainant prevail, he shall be allowed a reasonable attorney's fee. Complaints concerning overcharges shall be filed within two years from the time the cause of action accrued, and suit for collection within one year from date of order of commission. Same, § 91. The commission has no authority as to rates over telephone lines owned and operated by any city or town. Same, § 105. * All charges, tolls, fares and rates shall be just and reasonable. ***” Acts 1913, c. 9, § 4. ***The commission may change any intrastate rate, charge or toll which is unjust or unreasonable and may prescribe such rate, charge or toll as would be just and reasonable, and change or prohibit any practice, device or method of service in order to prevent undue discrimination or favoritism as between persons, localities or classes of freight; provided, that the commission shall not reduce any rate, toll or charge within ten years after the completion of the railroad or plant to be used in the public service below a point which would prevent such public service corporation, person, persons or firm from making a net earning of eight per cent per annum on the cost of the construction and equipment of said railroad or plant. But in no case shall the rate, toll or charge be more than the service is reasonably worth, considering the cost thereof. ***" Orders shall remain in force during time named, unless modified by commission (W. Va.) or court. Same, § 5. "No change shall be made in the rates, fares or charges or joint A provision similar to that in Oregon (§ 7) is found in Stats. 1911, § 1797m-3. Wisconsin. "1. Nothing in this act shall be taken to prohibit a public "2. The commission shall ascertain, determine and order such rates, charges and regulations as may be necessary to give effect to such arrangement, but the right and power to make such other and further changes in rates, charges and regulations as the commission may ascertain and determine to be necessary and reasonable and the right to revoke its approval and amend or rescind all orders relative thereto is reserved and vested in the commission notwithstanding any such arrangement and mutual agreement." Same, § 1797m-17. Rates shown on schedules originally filed shall not exceed rates in force April 1, 1907. Same, § 1797m-27. No change shall be made in rates, except upon ten days' notice to the commission, provided "that the commission, upon application of any public utility, may prescribe a less time within which a reduction may be A provision similar to that in Oregon (§ 31) is found in Same, § 1797m-33. A provision similar to that in Oregon (§ 33) is found in Same, § 1797m-35. A provision similar to that in Oregon (§ 41), except that twenty-five individuals must join in complaint, is found in Same, § 1797m-43. (Wis.) United District of Arizona. A provision similar to that in Oregon (§ 43) is found in Same, § 1797m-46. 49-51. A provision similar to that in Oregon (§ 51) is found in Same, § 1797m-60. Rates fixed after investigation by commission cannot be changed without approval of the commission. Same, § 1797m-61. A provision similar to that in Oregon (§ 72) is found in Same, § 1797m-100. Unless otherwise ordered by commission, it shall be unlawful to charge rates greater than those in force April 1, 1907. Provision is made for obtaining permission of commission to advance or discontinue any such rates. Same, § 1797m105. The above provisions apply to telephone companies. Authority to fix telegraph rates is granted in Same, §§ 1797-4,-12,-14,-29,-35. 2. FILING RATES. The provision in § 6 of the Act to Regulate Commerce, requiring rates to be filed, was probably not made applicable to telephone and telegraph companies by the amendment of 1910. "That every public utility shall file with the commission, within a time to be fixed by the commission, schedules, which shall be open to public inspection, showing all rates, tolls, and charges which it has established and which are in force at the time for any service performed by it within the District of Columbia, or for any service in connection therewith or performed by any public utility controlled or operated by it. The rates, tolls, and charges shown on such schedules shall not exceed the rates, tolls, and charges now allowed by law, and shall be the lawful rates, tolls, and charges within the District of Columbia, and shall remain and be in force until set aside by the commission." District Appropriation Act, March 4, 1913, § 8, par. 24. "That every public utility shall file with and as a part of such schedule all rules and regulations that in any manner affect the rates charged or to be charged for any service." Same, par. 25. Schedules of joint rates must be filed. Same, par. 27. Changes in schedules shall be indicated or new schedules filed ten days prior to time of taking effect, but the commission may prescribe a less time within which a reduction may be made. Same, par. 28. The commission may prescribe changes in form of schedules. Same, par. 31. Every common carrier, including by definition telephone and telegraph corporations, is required to file rates, etc., "for the transportation between termini, within this State, of persons and property." Another subdivision provides for the filing of rates by "every public service corporation other than a common carrier." Laws 1912, c. 90, § 14. The above, although practically identical with § 14 of the California law, quoted below, does not seem to apply to telephone and telegraph companies, as telephone and telegraph corporations are by definition both "common carriers and "public service corporations." But see § 31, which grants the commission very broad general powers. §§ 15, 16 of the Arizona law (Laws 1912, c. 90) differ only in unimportant details of phraseology from §§ 15, 16 of the California law, referred to below. All interstate and joint interstate rates must be filed. Same, § 18. 66 (b) Under such rules and regulations as the commission may prescribe, every public utility other than a common carrier shall file with the commission within such time and in such form as the commission may designate, *** schedules showing all rates, tolls, rentals, charges and classifications collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges and facilities which in any manner affect or relate to rates, tolls, rentals, classifications, or service. *** Rates originally filed shall not exceed rates in force October 10, 1911, except in territory not brought under the power of commission by this act. In such territory rates filed shall not exceed rates at date territory comes under supervision of commission. The commission has power to change form, etc., of schedules. Stats. 1911, 1st ex. sess., c. 14, § 14. Changes must be filed thirty days before taking effect. Same, § 15. (Quoted on p. 53.) For provision relating to filing of schedules of joint rates, see Same, § 16, quoted on p. 115. (Ariz.) California. All interstate and joint interstate rates must be filed. Same, § 18. [§ 15 of the Colorado law is practically identical with § 14 (b) of the California law referred to above, except that the Colorado law reads October 10, 1912, instead of 1911, as in California. Laws 1913, c. 127, § 15. Changes must be filed thirty days before taking effect. Same, § 16. (See note p. 3.) "Upon order of the Commissioners, every telephone company and every telegraph company shall file with the Commissioners and shall print and keep open to public inspection at such points as the commissioners may designate, schedulės showing the rates, tolls, rentals, contracts and charges of such companies for messages, conversations and services rendered and equipment and facilities supplied for messages and service to be performed within the State between each point upon its line and all other points thereon, and between each point upon its line and all points upon every other similar line operated or controlled by it, and between each point on its line or upon any line leased, operated or controlled by it and all points Colorado. |