findings of the Commission are reviewed as findings of a court of chancery (266 Mo. 333, 181 S. W. 61, P. U. R. 1916 B, 367), all evidence introduced before the Commission being subject to review on appeal (266 Mo. 333, 181 S. W. 61, P. U. R. 1916 B, 367), with the judgment of the courts resting solely on the preponderance of competent evidence adduced before the Commission, unaffected by conclusions of fact or law arrived at by the Commission (268 Mo. 109, 186 S. W. 703). Where the ultimate findings of the Commission upon the question of rates is favorable to the utility, it may not complain that some subordinate facts were found against it (Mo. - 195 S. W. 741). Failure to move for new trial or include a bill of exceptions in the record brings up for review only the record proper (266 Mo. 484, 181 S. W. 396). Sec. 115. Orders of commission in collateral proceedings conclusive. In all collateral actions or proceedings, the orders and decisions of the commission which have become final shall be conclusive. (Laws 1913, p. 645.) ARTICLE VII. ADDITIONAL POWERS OF THE COMMISSION: SAVING CLAUSE, AND STATUTES IN CONFLICT REPEALED. Section 116. Powers of commission to require equipment or performance of acts which the health or safety of its employees or the public may demand. 117. 118. 119. Orders and certificates to be recorded; to impart notice when recorded in office of recorder; all public utilities to have office in this state and to keep all records, books, et cetera, at office. Commission may act as arbitrators. Powers of commission may be exercised by others when authorized by commission. 120. Information furnished commission not to be divulged except in certain cases; penalty. 121. Commission may require production of books, et cetera, kept outside of this state or verified copies. 122. 123. Commission may confer with other commissions and attend conventions. All orders of commission prima facie lawful and reasonable. 124. In proceeding before commission burden of proof to be on ad verse party. 125. Immunity of witnesses; refusing to testify or produce evidence guilty of misdemeanor. 126. Commission to fix units of service. 127. Substantial compliance with requirements of this act sufficient. record or making false statements guilty of a felony; penal- 129. Penalties cumulative. 130. 131. 132. Penalty for violation of orders of commission, et cetera; act of employee declared act of public utility. Employee of public utility guilty of misdemeanor, when. Powers and duties of board of railroad and warehouse commissioners to be exercised and performed by commission. 133. Transfer of records. Section 136. 137. 138. Construction. Constitutionality of act. Act not to apply to interstate commerce. Emergency. Sec. 116. Powers of commission to require equipment or performance of acts which the health or safety of its employees or the public may demand. The commission shall have power, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise, to require every person, corporation and public utility, to maintain and operate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public, and to this end to prescribe, among other things, the installation, use, maintenance and operation of appropriate safety and other devices or appliances, including interlocking and other protective devices at grade crossings or junctions and block and other systems of signaling, to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, passengers, customers or the public may demand. (Laws 1913, p. 645.) For matters relating to: Common carriers in general, see Secs. 42-7, 49. Intersections of highways, railroads and street railroads, including interlocking plants, etc., see Sec. 50. Block and other signals, see Sec, 50. Electric, gas and water service in general, see Secs. 69-2, 69-3. Commission has jurisdiction hereunder over erection of high voltage transmission lines imperiling life and interfering with telephone service (4 Mo. P. S. C. 490, P. U. R. 1917 A, 351). Sec. 117. Orders and certificates to be recorded; to impart notice when recorded in office of recorder; all public utilities to have office in this state and to keep all records, books, et cetera, at office.-Every order, authorization or certificate issued or approved by the commission under any provision of this act shall be in writing and entered on the records of the commission. Any such order, authorization or certificate, or any part thereof, or a copy of the record of any such order, authorization or certificate, certified by a commissioner or by the secretary under the seal of the commission to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county or city, in which is located the principal office and place of business of any corporation, person or public utility affected thereby, or in which is situated any property of any such corporation, person or public utility, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with the same effect. Every public utility shall have an office in this state, in which all accounts, records, memoranda, books and papers carried in pursuance of the requirements of law shall be kept. No such accounts, records, memoranda, books or papers shall at any time be removed from the state except upon such conditions as may be prescribed by the commission. (Laws 1913, p. 646.) Sec. 118. Commission may act as arbitrators.-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. 646.) Commission has acted as arbitrators of the sale price of a water system (2 Mo. P. S. C. 31), and of disputed meter bills (2 Mo. P. S. C. 38; 2 Mo. P. S. C. 204). Adjustments of controversies arising from disputed meter bills have been made on the basis of average daily readings for corresponding period of other years (2 Mo. P. S. C. 38), but where no undue variation is shown with bills rendered for service covering a five year period the disputed account was considered correct (2 Mo. P. S. C. 204). Sec. 119. Powers of commission may be exercised by others when authorized by commission.-The commission may authorize any person employed by it to do or perform any act, matter or thing which the commission is authorized by this act to do or perform: Provided, that no order, rule or regulation of any person employed by the commission shall be binding on any public utility or any person unless expressly authorized or approved by the commission. (Laws 1913, p. 646.) For matters relating to: Authority of Commissioner, see Sec. 12. Quorum of Commission, see Sec. 12. Sec. 120. Information furnished commission not to be divulged except in certain cases; penalty. No information furnished to the commission by a corporation, person or public utility, except such matters as are specifically required to be open to public inspection by the provisions of this act, shall be open to public inspection or made public except on order of the commission, or by the commission or a commissioner in the course of a hearing or proceeding. Any officer or employee of the commission who, in violation of the provisions of this section, divulges any such information shall be guilty of a misdemeanor. (Laws 1913, p. 647.) For matters relating to: Common carriers, see Sec. 52. Electric, gas and water utilities, see Sec. 69-3. Telephone and telegraph utilities, see Sec. 91-2. Sec. 121. Commission may require production of books, et cetera, kept outside of this state or verified copies.-The commission may require, by order served upon any corporation, person or public utility in the manner provided herein for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said corporation, person or public utility in any office or place without this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction. (Laws 1913, p. 647.) For matters relating to: Attendance of witnesses, see Sec. 21. ? Penalty for refusal to produce books, etc., see Sec. 23. Electric, gas and water utility proceedings, see Sec. 69-10. Sec. 122. Commission may confer with other commissions and attend conventions.-The commission may confer in person, or by correspondence, by attending conventions, or in any other way, with the members of railroad or other public utility commissions of other states and with the interstate commerce commission, on any matters relating to public utilities. (Laws 1913, p. 647.) Sec. 123. All orders of commission prima facie lawful and reasonable. All rates, tolls, charges, schedules and joint rates fixed by the commission shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose pursuant to the provisions of this act. (Laws 1913, p. 647.) Sec. 124. In proceeding before court burden of proof to be on adverse party.—In all trials, actions, suits and proceedings arising under the provisions of this act or growing out of the exercise of the authority and powers granted herein to the commission, the burden of proof shall be upon the party adverse to such commission or seeking to set aside any determination, requirement, direction or order of said commission, to show by clear and satisfactory evidence that the determination, requirement, direction or order of the commission complained of is unreasonable or unlawful as the case may be. (Laws 1913, p.647.) For matters relating to: Burden of proof in rate proceedings before the Commission, see Secs. 48, 70, 94. Sec. 125. Immunity of witnesses; refusing to testify or produce evidence guilty of misdemeanor. No person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the commission or any commissioner, when ordered to do so by the commission, upon the ground that the testimony or evidence, books or documents required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall under oath have testified or produced documentary evidence: Provided however, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended to give, or shall be construed as in any manner giving unto any corporation immunity of any kind. (Laws 1913, p. 647.) For matters relating to: Attendance of witnesses, see Sec. 21. Penalty for refusal to produce books, etc., see Sec. 23. Electric, gas and water utility proceedings, see Sec. 69-10. The com Sec. 126. Commission to fix units of service. mission shall ascertain, determine and fix for each kind of public utility suitable and convenient standard commercial units of service, product or commodity, which units shall be lawful units for the purposes of this act. (Laws 1913, p. 648.) For matters relating to: Common carriers, see Sec. 47-1. Electric, gas and water utilities, see Secs. 69-3, 69-5, 82. Telegraph and telephone utilities, see Secs. 93-1, 93-3. Sec. 127. Substantial compliance with requirements of this act sufficient.—A substantial compliance with the requirements of this act shall be sufficient to give effect to all the rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. The provisions of this act shall be liberally construed with a view to the public welfare, efficient facilities and substantial justice between patrons and public utilities. (Laws 1913, p. 648.) For matters relating to: Rules, etc., governing hearings, see Sec. 24. Complaints, how made in general, see Secs. 107, 108. This law is to be liberally construed (259 Mo. 704, 168 S. W. 1156; 254 Mo. 515, 163 S. W. 854). Substantial compliance with requirements of act sufficient (1 Mo. P. S. C. 416). Sec. 128. Person making false entry, destroying, mutilating or altering record or making false statements guilty of a felony; penalties; records and papers to be preserved; orders to be in harmony with those of interstate commerce commission. Any person who shall willfully make any false entry in the accounts, books of account, records or memoranda kept by any corporation, person or public utility governed by the provisions of this act, or who shall willfully destroy, mutilate, alter or by any other means or device falsify the record of any such account, book of accounts, record or memoranda, or who shall willfully neglect or fail to make full, true and correct entries of such account, book of accounts, record or memoranda of all facts and transactions appertaining to the business of such corporations, persons or public utilities, or who shall falsely make any statement required to be made to the public service commission, in which a penalty has not heretofore been provided for, shall be deemed guilty of a felony, and |