offense, and in case of a continuing violation each day shall be deemed a separate and distinct offense. (Laws 1913, p. 619.) For matters relating to: Summary proceedings, see Sec. 84. Similar provisions, see Secs. 63, 104. Sec. 84. Summary proceedings. Whenever the commission shall be of the opinion that a gas corporation, electrical corporation or water corporation or municipality is failing or omitting or about to fail or omit to do anything required of it by law or by order or decision of the commission or is doing or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order or decision of the commission, it shall direct the general counsel to the commission to commence an action or proceeding in any circuit court of the state of Missouri in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction. The general counsel to the commission shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction. It shall thereupon be the duty of the court to specify the time not exceeding thirty days after service of a copy of the petition within which the gas corporation, electrical corporation, water corporation or municipality complained of must answer the petition. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement. Such other persons or corporations, as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment or writs effective, may be joined as parties upon application of the general counsel to the commission. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction or both issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief. (Laws 1913, p. 619.) For matters relating to: Service in general, see Sec. 69-5. Equipment and appliances, see Secs. 69-2, 69-3, 69-5, 82, 116. Except to initiate injunction proceedings, this Commission may not provide injunctive relief (2 Mo. P. S. C. 1). The Commission may enforce compliance with franchise provisions hereunder (1 Mo. P. S. C. 130). Sec. 85. Defense in case of excessive charges for gas, water or electricity. If it be alleged and established in an action. brought in any court for the collection of any charge for gas, electricity or water that a price has been demanded in excess of that fixed by the commission or by statute, in the municipality wherein the action arose, no recovery shall be had therein, but the fact that such excessive charges have been made shall be a complete defense to such action. (Laws 1913, p. 620.) ARTICLE V. PROVISIONS RELATING TO TELEGRAPH AND TELEPHONE LINES AND TO TELEPHONE AND CORPORATIONS. Section 86. 87. 88. 89. Application of article. TELEGRAPH Adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; delivery of telephone and telegraph messages. Rate schedules. Liability for loss or damage caused by violation of this act. 90. General powers and duties of commission in respect to telegraph corporations and telephone corporations. 91. 92. 93. 94. 95. 96. 97. Reports of telegraph corporations and telephone corporations. Rates, rentals, service and physical connections. Charges for short and long distance service; power of commission to stay increased rate. Power of commission to order repairs or changes. Franchises and privileges. Right to issue stocks, bonds and notes is subject to regulation by state. 98. Transfer and ownership of stock. 98a. Approval of issues of stocks, bonds and other forms of indebted 99. 100. 101. ness. Certificate of commission to be recorded; stock dividends prohibited. Power of commission to require account of disposition of sales of stocks, bonds, et cetera; if issued without authority, void; penalties and forfeiture; state not liable. Power of commission to ascertain valuation of property of telegraph corporations and telephone corporations. 102. Power of commission to require depreciation account of telegraph corporations and telephone corporations. 105a. Powers of commission relating to other utilities made applicable to heating companies. Sec. 86. Application of article. The provisions of this article shall apply to communication by telegraph or telephone between one point and another within the state of Missouri and to every telegraph corporation and telephone corporation. (Laws 1913, p. 620.) For matters relating to: Definitions, see Sec. 2. Jurisdiction, see Sec. 16. Sec. 87. Adequate service; just and reasonable charges; unjust discrimination; unreasonable preference; delivery of telephone and telegraph messages.-1. Every telegraph corporation and every telephone corporation shall furnish and provide with respect to its business such instrumentalities and facilities as All shall be adequate and in all respects just and reasonable. charges made and demanded by any telegraph corporation or telephone corporation for any service rendered or to be rendered in connection therewith shall be just and reasonable and not more than allowed by law or by order or decision of the commission. Every unjust or unreasonable charge made or demanded for any such service or in connection therewith or in excess of that allowed by law or by order or decision of the commission is prohibited and declared to be unlawful. (Laws 1913, p. 621.) For matters relating to: Similar provisions, see Secs. 27, 68-1. 2. No telegraph corporation or telephone corporation shall directly or indirectly or by any special rate, rebate, drawback or other device or method charge, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be rendered with respect to communication by telegraph or telephone or in connection therewith, except as authorized in this act, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service with respect to communication by telegraph or telephone under the same or substantially the same circumstances and conditions. (Laws 1913, p. 621.) For matters relating to: Effect of existing contracts, see Sec. 87-3. Deviation from schedule prohibited, see Sec. 88-2. Free or reduced rate service, see Sec. 88-3. Power of Commission to determine just and reasonable rates see Sec. 93-1. Similar provisions, see Secs. 33, 68-2. The acceptance of a franchise by a public utility carries the duty of furnishing service without discrimination (2 Mo. P. S. C. 531). All unjust discriminations in rates are unlawful (3 Mo. P. S. C. 451, P. U. R. 1916 E, 525), as equality of rates should be undeviatingly maintained (2 Mo. P. S. C. 531); but a reasonable classification of telephone subscribers (2 Mo. P. S. C. 531), with the application of different rates to the different classes, provided the classification is proper and adequate service rendered (1 Mo. P. S. C. 253), as a classification of rural subscribers into those desiring local service and those desiring local and long distance service (3 Mo. P. S. C. 336), is lawful. Power of the state under Art. XII, Sec. 5, to prevent discriminations infringing on equal rights of individuals or militating against wellbeing of the state is paramount to individual contract rights (2 Mo. P. S. C. 531). The doctrine of estoppel cannot be invoked to permit unjust discrimination (2 Mo. P. S. C. 531). Except as otherwise indicated, contracts granting lower than regular telephone rates (3 Mo. P. S. C. 451, P. U. R. 1916 E, 525), free telephone service to the city and public schools in return for use of streets and alleys, in the absence of franchise requirement (2 Mo. P. S. C. 256, P. U. R. 1915 C, 366), reduced telephone rates to officers of the company (3 Mo. P. S. C. 451, P. U. R. 1916 E, 525), lower rates to professional men, although prescribed by ordinance (2 Mo. P. S. C. 81). combination telephone rates for business and residence service (4 Mo. P. S. C. 588), different charges to stockholders (3 Mo. P. S. C. 426; 1 Mo. P. S. C. 127), including furnishing service free to some stockholders (2 Mo. P. S. C. 531), and lower rates to subscribers furnishing equipment, as boxes (1 Mo. P. S. C. 405) or wiring, etc. (3. Mo. P. S. C. 451, P. U. R. 1916 E, 525), but not when open to all (2 Mo. P. S. C. 81), have been considered unlawful discriminations. Unknowingly permitting a nonsubscriber to make a call does not constitute discrimination (2 Mo. P. S. C. 445, P. U. R. 1915 D, 1044), nor does the exacting of boarding and rooming house rates from private residences having two or more student boarders or roomers Mo. 195 S. W. 741, reversing 2 Mo. P. S. C. 256, P. U. R. 1915 C, 366). Alleged discrimination in toll rates fails where defendant has naught to do with the toll charges (2 Mo. P. S. C. 445, P. U. R. 1915 D, 1044). -- 3. No telegraph corporation or telephone corporation shall make or give any undue or unreasonable preference or advantage to any person, corporation or locality, or subject any particular person, corporation or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever: Provided, that messages by telegraph or telephone may be classified into day, night, repeated, unrepeated, commercial, press, government and such other classes as are just and reasonable and different rates may be charged for the different classes of messages. 1913, p. 621.) For matters relating to: Connecting lines, see Sec. 87-5. (Laws Power of Commission to determine just and reasonable service, see Sec. 93-2. Similar provisions, see Secs. 34, 68-3. The Commission is vested with jurisdiction to require adequate service without discrimination by telegraph utilities (4 Mo. P. S. C. 557, P. U. R. 1917 B, 932), and similar toll service is to be furnished rural subscribers of telephone utilities as is furnished subscribers within the initial rate area (4 Mo. P. S. C. 525), as equality of service should be undeviatingly maintained (2 Mo. P. S. C. 531). 4. Nothing in this act shall be construed to prevent any telegraph corporation or telephone corporation from continuing to furnish the use of its lines, equipment or service under any contract or contracts in force at the date this article takes effect or upon the taking effect of any schedule or schedules of rates subsequently filed with the commission, as hereinafter provided, at the rate or rates fixed in such contract or contracts: Provided, however, that when any such contract or contracts are or become terminable by notice, the commission shall have power, in its discretion, to direct by order that such contract or contracts shall be terminated by the telegraph corporation or telephone corporation party thereto, and thereupon such contract or contracts shall be terminated by such telegraph corporation or telephone corporation as and when directed by such order. (Laws 1913, p. 621.) Telephone and telegraph utilities may lawfully furnish railroads free or reduced service for corporate use, under prior existing contracts (C. R. No. 12, July 31, 1914). This subsection protects only previously valid and enforceable contracts (2 Mo. P. S. C. 531), the validity of contracts made prior to effective date of public service commission law being tested by common law principles (3 Mo. P. S. C. 451, P. U. R. 1916 E, 525), and telephone utility contracts establishing unreasonable rates, permitting unjust discrimination or inimicable to the public interest (2 Mo. P. S. C. 531; 3 Mo. P. S. C. 451, P. U. R. 1916 E, 525), such as sale contract terms providing for free service to stockholders of the vendor company (2 Mo. P. S. C. 531) or contracts covering long-term-low-rate telephone service to certain stockholders, directors and officers (3 Mo. P. S. C. 451, P. U. R. 1916 E, 525), being void, are not a subject of impairment by subsequent repugnant legislation. Power of the state under Art. XII, Sec. 5, to prevent discrimination infringing on equal rights of individuals or militating against well-being of the state is paramount to individual contract rights (2 Mo. P. S. C. 531). 5. Every telegraph corporation and telephone corporation operating in this state shall receive, transmit and deliver, without discrimination or delay, the conversations and messages of every other telegraph or telephone corporation with whose line a physical connection may have been made. (Laws 1913, p. 622.) For matters relating to: 6. Discrimination in general, see Sec. 87-3. Physical connections, see Sec. 93-3. Similar provisions, see Sec. 37. The commission shall have power to provide the limits · within which telegraph and telephone messages shall be delivered without extra charge. (Laws 1913, p. 622.) For matters relating to: Power of Commission to prescribe just and reasonable rates, see Sec. 93-1. Power of Commission to prescribe just and reasonable joint rates, see Sec. 93-3. Sec. 88. Rate schedules.-1. Every telegraph corporation and every telephone corporation shall print and file with the commission schedules showing the rates, rentals and charges for service of each and every kind by or over its line between points in this state and between each point upon its line and all points upon every line leased or operated by it and between each point upon its line or upon any line leased or operated by it and all points upon the line of any other telegraph or telephone corporation whenever a through service or joint rate shall have been established between any two points. If no joint rate over a through line has been established the several corporations in such through line shall file with the commission the separately established rates and charges applicable where through service is afforded. Such schedule shall plainly state the places between which telephone or telegraph service, or both, will be rendered and shall also state separately all charges and all privileges or facilities granted or allowed and any rules or regulations or forms of contract which may in anywise change, affect or determine any or the aggregate of the rates, rentals or charges for the service rendered. Such schedule shall be plainly printed and kept open to public inspection. The commission shall have the power to prescribe the form of every such schedule and may from time to time prescribe, by order, changes in the form thereof. The commission shall also have power to establish rules and regulations for keeping such schedules open to public inspection and may from time to time modify the same. Every telegraph corporation and telephone corporation shall file with the commission as and when required by it a copy of any contract, agreement or arrangement in writing with any other telegraph corporation or telephone corporation or with any other corporation, association or person relating in any way to the construction, maintenance or use of a telegraph line or telephone line or service by or rates and charges over or upon. any such telegraph line or telephone line. (Laws 1913, p. 622.) For matters relating to: Changes in rates, see Sec. 88-2. Free or reduced rate service, see Sec. 88-3. Power of Commission to determine just and reasonable rates, see Sec. 93-1. Similar provisions, see Secs. 29, 69-12. Regulations prescribing the form and governing the filing and publication of rate schedules of telephone corporations (G. O. No. 1, Cir. No. 3) have been adopted. Judicial notice |