1719 company is a party, and also with the rates for transporting freight and passengers upon its railroad or railway and other railroads or railways with which its business is connected. 1906, ch. 463, pt. i, sec. 13. See also par. 3411. MICHIGAN Every common carrier whenever required by commission shall within a time to be fixed by commission, deliver to commission for its use, copies of all contracts which 1720 relate to the transportation of persons or property or any service in connection therewith made or entered into by it with any other common carrier or any shipper or shippers, producers or consumers or other person or persons doing business with it. Pub. Acts 1909, no. 300, sec. 29(a). MINNESOTA Every company shall file with commission 1721 copies of all its traffic agreements or arrangements with other carriers. Rev. Laws 1905, sec. 2014. MISSISSIPPI Railroads, express, telegraph, telephone and sleeping car companies shall furnish commission with copies of all 1722 leases, contracts and agreements for transportation with each other. Code 1906, sec. 4848. See also par. 3013. MISSOURI NEVADA See par. 1477. Every railroad, whenever required by commission, shall, within a time to be fixed by commission, deliver to commission for its use copies of all contracts which relate to the transportation of persons or property, or any service in connec1723 tion therewith made or entered into by it with any other railroad company, terminal company, depot company, equipment company, car company, express or other transportation company, bridge company, or any shipper or shippers, producers or consumers, or other persons doing business with it. Stats. 1907, ch. 44, sec. 19, as amended by Stats. 1909, ch. 121, sec. 8(b). NEW YORK A provision substantially identical with par. 1724 1718. Laws 1910, ch. 480, sec. 30(2). Every telegraph and telephone corporation shall file with commission as and when required by it a copy of any contract, agreement or arrangement in writing with any other telegraph or 1725 telephone corporation or with any other corporation, association or person relating in any way to the construction, maintenance or use of a telegraph or telephone line or service by or rates and charges over or upon any such telegraph or telephone line. Same, sec. 92(1). NORTH DAKOTA A provision for railroads, railroad corporations 1726 or common carriers identical with par. 1712. Rev. Codes 1905, sec. 4342. OHIO When required by commission and within a time fixed by it, each railroad shall deliver to commission for its use copies of all contracts which relate to the transportation of persons or property or any service in connection therewith, made 1727 or entered into by such railroad with any other railroad, terminal, depot, car or equipment company, express or other transportation company, or any shipper or shippers, producers or consumers or other person or persons doing business with it. Code 1910, sec. 561. On demand of commission, each railroad shall furnish it copies of all leases, contracts and agreements with express, 1728 sleeping car, freight or rolling stock companies, or other companies doing business upon or in connection with such road. Same, sec. 603. Every public utility shall file with commission when and as required by it, a copy of any contract, agreement or arrangement, 1729 in writing, with any other public utility relating in any way to the construction, maintenance or use of its plant or property, or any service, rate or charge. Laws 1911, no. 325, sec. 11. OREGON Every railroad, whenever required by commission, shall, within a time to be fixed by commission, deliver to commission for its use copies of all contracts which relate to the 1730 transportation of persons or property, or any service in connection therewith, made or entered into by it with any other railroad, car company, equipment company, express or other transportation company, or any shipper or shippers, or other person or persons doing business with it. Gen. Laws 1907, ch. 53, sec. 44. PENNSYLVANIA Every common carrier shall, on request, furnish to commission copies of all contracts and agreements, leases, 1731 or other engagements entered into by it with any person or corporation. Laws 1907, no. 250, sec. 19. Commission shall not give publicity to such information, contracts, agreements, leases, or other engagements, if, in their 1732 judgment, the public interests do not require it, or the welfare and prosperity of the common carriers of the state might be thereby affected. Same. SOUTH DAKOTA 1733 ch. 207, sec. 10. Identical with par. 1712. Sess. Laws 1911, See also pars. 1611, 1652, 3129. VIRGINIA Every person or corporation now operating, or that may hereafter operate a railroad in this state under a con1734 tract of lease, shall have the same filed in the office of commission, within 30 days after the contract or lease is executed; or, if heretofore made, within 30 days after this law goes into effect. lard's Code 1904, sec. 1294d(56). Pol WASHINGTON Every common carrier shall file with commis sion copies of every contract, agreement or arrangement with any 1735 other common carrier or common carriers relating in any way to the transportation of persons or property. Laws 1911, ch. 117, sec. 16. 1736 Also a provision substantially identical with par. 1725. Same, sec. 39. WISCONSIN Identical with par. 1730. Laws 1905, ch. 362, 1737 sec. 1797-19, as amended by Laws 1907, ch. 582. See also par. 3788. CHAPTER VI Discrimination in Rates and Service SCOPE NOTE This chapter includes provisions regulating the making of rates and the furnishing of service in practice. These provisions define and prohibit unjust discrimination in rates and service and indicate the kinds of special treatment which constitute justifiable discrimination. The chapter includes also grants of power authorizing commissions to determine under what conditions such circumstances exist as make discrimination justifiable. Provisions involving a refusal to serve because of race, business or profession have been excluded. For general requirement that utilities serve all applicants, see ch. vii, on service. For provisions indicating the principles to be observed in determining reasonable rates, see ch. iii, on basis of rate making. For provisions authorizing commissions to regulate or prescribe rates, see ch. iv, on establishment and change of rates. For provisions requiring publicity in the establishment and change of rates, see ch. v, on publicity of rates. For provisions regulating service, see ch. vii, on service. For provisions prescribing general procedure to be followed in the exercise of commission authority, see ch. xiv, on commission procedure and practice. For provisions prescribing general rules of enforcement and judicial review, see ch. xv, on enforcement. For general statement of scope and method, see introduction. ANALYSIS I. Unjust Discrimination Defined and Prohibited PAGES 431 A. Charging a greater or less compensation to one person than to another for a like and contemporaneous service..... B. Charging rates other than those prescribed by law or specified in published schedules; refunding, remitting or rebating any portion of such rates; or extending privileges and facilities not uniformly open to all. 446 C. Charging a less compensation in consideration of the furnishing by utilities of any part of the facilities incident to the service...... D. Charging a less compensation in consideration of the size of the shipment or the extent of the service..... E. Charging a greater compensation for a shorter than for a longer distance service..... E Granting to any person, corporation, locality or particular description of service any undue or unreasonable preference or advantage, or subjecting the same to any undue or unreasonable prejudice or disadvantage... G. Assisting or permitting patrons to secure special favors or advantages, or rates other than those lawfully established...... 463 465 466 482 492 H. Soliciting, accepting or receiving special favors or advantages, or rates other than those lawfully established.. 494 I. General duty of utilities not to discriminate as to charges or facilities... 503 II. Free or Reduced Rate or Special Service J. General prohibitions against offering, granting, soliciting or accepting free or reduced rate or special service, with exceptions thereto....... 512 K. Special prohibitions against offering, granting, soliciting or accepting free or reduced rate or special service applicable to public officials or members of political organizations, with exceptions thereto......... 565 L. Publishing and filing of lists of persons to whom free or reduced rate or special service has been granted.... 574 |