is taken of rate schedules on file (2 Mo. P. S. C. 531). Failure to file a rate schedule continues in force the rate effective on effective date of the Public Service Commission law (2 Mo.. P. S. C. 445, P. U. R. 1915 D, 1044). Complaint for failure to file rate schedule dismissed upon showing as to ignorance of the law (2 Mo. P. S. C. 445, P. U. R. 1915 D, 1044). 2. Unless the commission otherwise orders no change shall be made in any rate, charge or rental, or joint rate, charge or rental which shall have been filed by a telegraph corporation or telephone corporation in compliance with the requirements of this act, except after thirty days' notice to the commission, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rate, charge or rental shall go into effect; and all proposed changes shall be shown by filing new schedules or shall be plainly indicated upon the schedules filed and in force at the time and kept open to public inspection. The commission for good cause shown may allow changes in rates, charges or rentals without requiring the thirty days' notice, under such conditions as it may prescribe; all such changes shall be immediately indicated upon its schedules by such telegraph corporation or telephone corporation. No telegraph corporation or telephone corporation shall charge, demand, collect or receive a different compensation for any service rendered or to be rendered than the charge applicable to such service as specified in its schedule on file and in effect at that time. Nor shall any telegraph corporation or telephone corporation refund or remit directly or indirectly any portion of the rate or charge so specified, nor extend to any person or corporation any form of contract or agreement, or any rule or regulation, or any privilege or facility, except such as are specified in its schedule filed and in effect at the time and regularly and uniformly extended to all persons and corporations under like circumstances for a like or substantially similar service. (Laws 1913, p. 622.) For matters relating to: Discrimination, see Sec. 87-2. Publication and filing of schedules, see Sec. 88-1. Free or reduced rate service, see Sec. 88-3. Power of Commission to determine just and reasonable rates, see Sec. 93-1. Records showing compliance with rate schedules on file should be kept (2 Mo. P. S. C. 445, P. U. R. 1915 D, 1044). 3. No telegraph corporation or telephone corporation subject to the provisions of this act shall, directly or indirectly, give any free or reduced service, or any free pass or frank for the transmission of messages by either telephone or telegraph between points within this state, except to its officers, employees, agents, surgeons, physicians, attorneys-at-law and their families; to persons or corporations exclusively engaged in charitable and eleemosynary work and ministers of religions; to officers and employees of other telegraph corporations and telephone corporations, railroad corporations and street railroad corporations. But this subdivision shall not apply to state, municipal or federal contracts. (Laws 1913, p. 623.) For matters relating to: Discrimination, see Sec. 87-2. Effect of prior contracts, see Sec. 87-4. Free delivery zones, see Sec. 87-6. Power of Commission to determine just and reasonable rates, see Sec. 93-1. Power of Commission to determine just and reasonable joint rates, see Sec. 93-3. Officers or employees of railroads may, as a class, receive free or reduced telephone or telegraph service, but not for the corporate business of the company within the state (C. R. No. 12, July 31, 1914). Statutory requirements for 'phones in stations do not authorize free service (C. R. No. 12, July 31, 1914), and furnishing service at a railroad station by a telephone utility free of charge is prohibited (C. R. No. 2, May 21, 1913). Free telephone service with all lines in a county pursuant to an ordinance passed under Secs. 9568-9570 R. S. 1909, is unenforceable (1 Mo. P. S. C. 632). Sec. 89. Liability for loss or damage caused by violation of this act. In case any telegraph corporation or telephone corporation shall do or cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or other thing required to be done by this act or by any order or decision of the commission, such telegraph corporation or telephone corporation shall be liable to the person or corporation affected thereby for all loss, damage or injury caused thereby or resulting therefrom and in case of recovery if the court shall find that such an act or omission was willful it may in its discretion fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as a part of the costs in the action. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation. (Laws 1913, p. 623.) For matters relating to: Similar provisions, see Sec. 42. Sec. 90. General powers and duties of commission in respect to telegraph corporations and telephone corporations.-1. The commission shall have general supervision of all telegraph corporations or telephone corporations, and telegraph lines and telephone lines as herein before defined and shall have power to and shall examine the same and keep informed as to their general conditions, their capitalization, their franchises and the manner in which their lines and property are leased, operated or managed, conducted and operated with respect to the adequacy of and accommodation afforded by their service and also with respect to the safety and security of their lines and property, and with respect to their compliance with all provisions of law, orders and decisions of the commission, franchises and charter requirements. The commission shall have power, either through its members or inspectors or employees duly authorized by it to enter in and upon and to inspect the property, equipment, buildings, plants, factories, offices, apparatus, machines, devices and lines of any telegraph corporation or telephone corporation. (Laws 1913, p. 624.) For matters relating to: Jurisdiction in general, see Sec. 16. Consult specific sections. The proration of the expenses of maintaining and operating a jointly owned telephone exchange under contract terms is without the jurisdiction of this Commission (4 Mo. P. S. C. 281, P. U. R. 1917 A, 34), as is the granting of injunctive relief (1 Mo. P. S. C. 80). Municipal ordinances, passed pursuant to Secs. 9568-9570, R. S. 1909, are unenforceable outside corporate limits (1 Mo. P. S. C. 632), and amendments to such ordinances passed within two years of the enactment of the ordinance are invalid (Ibid.) A refund insignificant in amount is passed over (2 Mo. P. S. C. 81). 2. The commission and each commissioner shall have power to examine all books, contracts, records, documents and papers of any telegraph corporation or telephone corporation and by subpoena duces tecum to compel the production thereof, or of duly verified copies of the same or of any of them. (Laws 1913, p. 624.) For matters relating to: Similar provisions, see Secs. 43-2, 69-9, 69-10. Sec. 91. Reports of telegraph corporations and telephone corporations.—1. Every telegraph corporation and every telephone corporation shall file with the commission an annual report at a time and covering the yearly period fixed by the commission. Such annual report shall be verified by the oath of the president, treasurer, general manager or receiver, if any, of any of such corporations, or by the person required to file the same. Verification shall be made by the official holding office at the time of the filing of said report, and if not made upon the knowledge of the person verifying the same shall set forth in general terms the sources of his information and the grounds for his belief as to any matters not stated to be verified on his knowledge. The commission shall prescribe the form of such reports and the character of the information to be contained therein and may, from time to time, make such changes and additions in regard to form and contents thereof as it may deem proper, and shall furnish a blank form for such annual reports to every telegraph corporation and every telephone corporation required to make the same. The form of such reports shall follow, as nearly as may be, the form prescribed by the interstate commerce commission. When the report of any telegraph corporation or telephone corporation is defective or erroneous the commission shall notify the corporation to amend the same within a time prescribed by the commission. The said reports shall be preserved in the office of the commission. The commission may require of any telegraph corporation or telephone corporation specific answers to questions upon which the commission may desire information. If any telegraph corporation or telephone corporation shall fail to make and file its annual report as and when required or within such extended time as the commission may allow or shall fail to make specific answers to any question within the period specified by the commission for the making and filing of such answers, such corporation shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such report or answer. Such forfeiture shall be recovered in an action brought by the commission in the name of the state of Missouri. The amount recovered in any such action shall be paid to the public school fund of the state. The commission may, when it deems it advisable, exempt any telegraph corporation or telephone corporation from the necessity of filing annual reports until the further order of the commission. (Laws 1913, p. 624.) For matters relating to: Publication and filing of schedules, see Sec. 88-1. Changes in schedules, see Sec. 88-2. Uniform system of accounts, see Sec. 91-2. Similar provisions, see Secs. 44, 69-6, 69-7. The Interstate Commerce Commission's form of annual reports for class A, B and C telephone companies and an annual report for class D telephone companies have been used by this Commission. Special telephone report, Form No. 96 (G. O. No. 17, Cir. No. 31) adopted. 2. The commission may establish a system of accounts to be used by telegraph corporations and telephone corporations, which are required to make annual reports to it, or classify the said corporations, and prescribe a system of accounts for each class and may prescribe the manner in which such accounts shall be kept. The system of accounts required shall follow, as nearly as may be, the system prescribed by the interstate commerce commission. It may also, in its discretion, prescribe the form of records to be kept by such corporations. Notice of alterations by the commission in the required method or form of keeping accounts shall be given to such corporations by the commission at least six months before the same are to take effect. The commission shall at all times have access to all accounts, records and memoranda kept by telegraph corporations and telephone corporations, and may designate any of its officers or employees who shall thereupon be authorized under the order of the commission. to inspect and examine any and all accounts, records and memoranda kept by any such corporation; and the commission may, after hearing, prescribe by order, the accounts in which particular outlays and receipts shall be entered, charged or credited. Any employee or agent of the commission who divulges any fact or information which may come to his knowledge during the course of any such inspection or examination except in so far as he may be directed by the commission or by a court or judge thereof, or authorized by law, shall be guilty of a misdemeanor. Any provision of law prohibiting the disclosure of the contents of telegraph messages or the contents or substance of telephone communications shall not be deemed to prohibit the disclosure of any matter in accordance with the provisions of this act. (Laws 1913, p. 625.) For matters relating to: Annual reports, see Sec. 91-1. Depreciation account, see Sec. 102. A uniform system of accounts for class A, B and C telephone corporations (G. O. No. 21, Cir. No. 38) and a uniform system for class D telephone corporations (G. O. No. 22, Cir. No. 39) have been adopted. Separate accounts showing all income and expenses of all departments of a telephone utility should be kept (2 Mo. P. S. C. 256, P. U. R. 1915 C, 366). Expenses of advertising and soliciting new subscribers are chargeable to operation and not investment (2 Mo. P. S. C. 256, P. U. R. 1915 C, 366). Sec. 92. Investigations by commission.-1. The commission may of its own motion investigate or make inquiry in a manner to be determined by it as to any act done or omitted to be done by any telegraph corporation or telephone corporation and the commission shall make such inquiry in regard to any act done or omitted to be done by any telegraph corporation or telephone corporation in violation of any provisons of law or in violation of any order or decision of the commission. (Laws 1913, p. 626.) For matters relating to: Similar provisions, see Secs. 46-1, 81. 2. Complaints may be made to the commission by any person or corporation aggrieved, by petition or complaint in writing, setting forth any act done or omitted to be done by any telegraph corporation or telephone corporation alleged to be in violation of the terms or conditions of its franchise or charter or of any order or decision of the commission. Upon presentation of such a complaint the commission shall cause a copy thereof to be forwarded to the person or corporation complained of which may be accompanied by an order directed to such person or corporation requiring that the matters complained of be satisfied or that the charges be answered in writing within a time to be specified by the commission. If the person or corporation complained of shall make reparation for any injury alleged and shall cease to commit or permit the violation of law, franchise, charter or order or decision of the commission charged in the complaint, if any there be, and shall notify the commission of that fact before the time allowed for answer, the commission need take no further action upon the charges. If, however, the charges contained in such petition be not thus satisfied and it shall appear to the commission that there are reasonable grounds therefor, it shall investigate such charges in such manner and by such means as it shall deem proper and take such action within its powers as the facts in its judgment justify. (Laws 1913, p. 626.) For matters relating to: Complaints, how made, see Secs. 107, 108. Rehearing before the Commission, see Sec. 110. 3. Whenever the commission shall investigate any matter complained of by any person or corporation aggrieved by any act or omission of a telegraph corporation or telephone corporation under this section, it shall be its duty within sixty days after final submission to make and file an order either dismissing the petition or complaint or directing the telegraph corporation or telephone corporation complained of to satisfy the cause of complaint in whole or to the extent which the commission may specify and require. (Laws 1913, p. 626.) For matters relating to: Similar provision, see Sec. 46-3. |