upon conviction shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or by imprisonment for not less than two years nor more than five years, or by both such fine and imprisonment: Provided that the commission may, in its discretion, issue orders specifying such operating, accounting or financial papers, records, books, blanks, tickets, stubs or documents, of carriers which may after a reasonable time be destroyed, and prescribing the length of time such books, papers or documents shall be preserved; and provided further, that such orders shall be in harmony with those of the interstate commerce commission. (Laws 1913, p. 648.) Sec. 129. Penalties cumulative. All penalties accruing under this act shall be cumulative of each other, and the suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any original prosecution against any corporation, person or public utility, or any officer, director, agent or employee thereof. (Laws 1913, p. 649.) Sec. 130. Penalty for violation of orders of commission, et cetera; act of employee declared act of public utility.-1. Any corporation, person or public utility which violates or fails to comply with any provision of the Constitution of this state or of this or any other act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the commission in a case in which a penalty has not herein before been provided for such corporation, person or public utility, is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense. (Laws 1913, p. 649.) 2. Every violation of the provisions of this or any other act or of any order, decision, decree, rule, direction, demand or requirement of the commission, or any part or portion thereof, by any corporation or person or public utility is a separate and distinct offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense: (Laws 1913, p. 649.) 3. In construing and enforcing the provisions of this act relating to penalties, the act, omission or failure of any officer, agent or employee of any corporation, person or public utility, acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such corporation, person or public utility. (Laws 1913, p. 649.) Construed (1 Mo. P. S. C. 130). Sec. 131. Employee of public utility guilty of misdemeanor, when. Every officer, agent or employee of any corporation or public utility, who violates or fails to comply with, or who procures, aids or abets any violation by any corporation, person or public utility of any provision of the Constitution of this state or of this or any other act, or who fails to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the commission, or who procures, aids or abets any corporation, person or public utility in their or its failure to obey, observe and comply with any such order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not herein before been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. (Laws 1913, p. 649.) Sec. 132. Powers and duties of board of railroad and warehouse commissioners to be exercised and performed by commission. On and after the date of the taking effect of this act all the powers and duties of the board of railroad commissioners or the board of railroad and warehouse commissioners imposed by any statute of this state, in relation to the corporations, persons and public utilities coming within the provisions of this act, shall thereupon be imposed, conferred, and be exercised and performed by the public service commission hereby created. (Laws 1913, p. 650.) Sec. 133. Transfer of records.-The board of railroad and warehouse commissioners shall transfer and deliver to the public service commission all books, maps, papers and records of whatever description in any manner relating to the corporations, persons and public utilities coming within the provisions of this act, in their possession on the date of the taking effect of this act; and the said commission is authorized to take possession of all such books, maps, papers and records. (Laws 1913, p. 650.) Sec. 134. Pending actions and proceedings.—This act shall not affect pending actions or proceedings, civil or criminal, brought by or against the board of railroad and warehouse commissioners in any manner pertaining to the corporations, persons and public utilities coming within the provisions of this act. Nor shall the provisions of sections 29, 30 and 35 of this act, in so far as they require any act to be performed not now required by law to be performed, and so far as they may prohibit the doing of any act which now may be lawfully done, become effective until July 31, 1913. (Laws 1913, p. 650.) Sec. 135. Orders and decisions to continue in force. -All orders, decisions, rules or regulations heretofore made, issued or promulgated by the board of railroad commissioners or the board of railroad and warehouse commissioners, relating in any manner to the corporations, persons and public utilities coming within the provisions of this act, shall continue in force and have the same effect as though they had been lawfully made, issued or promulgated under the provisions of this act. (Laws 1913, p. 650.) Sec. 136. Construction.-Whenever the terms board of railroad commissioners or board of railroad and warehouse commis sioners occur in any law, contract or document or whenever in any law, contract or document reference is made to said boards, such terms or reference shall be deemed to refer to and include the public service commission, as established by this act, so far as such law, contract or document pertains to matters which are within the jurisdiction of the said public service commission. (Laws 1913, p. 650.) Sec. 137. Constitutionality of act. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. (Laws 1913, p. 651.) For matters relating to: Constitutionality in general, see Sec. 16-9. Consult also specific sections. Sec. 138. Act not to apply to interstate commerce. Neither this act nor any provision thereof, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states of this union, except in so far as the same may be permitted under the provisions of the Constitution of the United States and the acts of congress. (Laws 1913, p. 651.) For matters relating to: Duty of Commission as to interstate traffic, see Sec. 66. Commission's jurisdiction over interstate carriers, see Sec. 16. Sec. 139. Repealing clause. That sections 9568, 9569 and 9570, article 8, chapter 84, Revised Statutes, 1909, and all other acts and parts of acts in conflict with this act are hereby repealed. The provisions of this act are not intended to repeal any law now in force, unless in direct conflict therewith, but is intended to be supplemental to such laws. (Laws 1913, p. 651.) For matters relating to: Commission's finding as to validity of statutes, see Sec. 16-9, and specific sections. Cumulative and supplemental to Secs. 3173, 3184 and 3185, R. S. 1909 (4 Mo. P. S. C. 620, P. U. R. 1917 D, 109). A former law is repealed by a latter repugnant act (1 Mo. P. S. C. 600). Municipal ordinance prescribing maximum electric rates, etc., enacted under authority of Secs. 9568, 9569 and 9570, R. S. 1909, nullified by enactment of the Public Service Commission law (253 Mo. 592, 161 S. W. 1166), and freeholders' charter provisions and ordinances, under Constitution, Art. 9, Sec. 16, conflicting in matters of state concern with the provisions of the Public Service Commission law are invalid (270 Mo. 429, 192 S. W. 958, P. U. R. 1917 D, 752). The obligation of a railroad to bear the expense of and construct a viaduct under a valid existing ordinance was not modified through the enactment of the Public Service Commission law (262 Mo. 720, 174 S. W. 73. But see 1 Mo. P. S. C. 644 and 2 Mo. P. S. C. 295 with reference to obligation incurred by municipality). Sec. 140. Emergency.-There being no adequate provisions of law for the regulation and control of the corporations, persons and public utilities coming within the provisions of this act, and this act being deemed of immediate importance, an emergency exists within the meaning of the Constitution; therefore this act shall take effect and be in force from and after the fifteenth day of April, 1913. (Laws 1913, p. 651.) Approved March 17, 1913. 46 51 57 Southwest Missouri Railroad Company, Re. Titus v. Kansas City, Clay County & St. Joseph Railway Company. 61 Duenweg Water Works Company, Re. 63 Duenweg Water Works Company, Re. 65 Pigg v. Missouri, Kansas & Texas Railway Company. 68 Enterprise Telephone Company, Re. 80 83 DeKalb County Telephone Company v. Redman. Allen & Haase v. Chicago, Burlington & Quincy Railroad Company. 88 Shelby Northwestern Railway Company, Re. 97 Missouri, Kansas & Texas Railway Company, Re. 109 Smith v. Chicago, Burlington & Quincy Railroad Company. 114 Manufacturers'. Railway Company, Re. 123 Parker v. Pleasant Hill. 127 130 191 201 Crane Telephone Company v. Barry County Mutual Telephone Company. Morris v. Ozark Bell Telephone Company. 205 Schroeder v. Kansas City, Clay County & St. Joseph Railway Company. 212 Johnson & Son v. St. Louis & San Francisco Railroad Company. 224 Lindensmith v. Kansas City, Clay County & St. Joseph Railway Company. 232 Gustin v. St. Louis & San Francisco Railroad Company. 236 Chicago, Rock Island & Pacific Railway Company, Re. 242 Sedalia v. City Water Company. 258 Laclede Gas Light Company, Re. 271 Peirce City Farmers Mutual Telephone Company, Re. 278 287 291 303 312 334 350 Retail Merchants' Association v. Chicago. Burlington & Quincy Railroad Company. West End Business Men's Association v. United Railways Company. St. Joseph Retail Coal etc. Association v. Atchison, Topeka & Santa Fe Railway Southwestern Missouri Millers' Club v. Missouri Pacific Railway Company. v. Lawrence County Water, Light and Cold Storage Company. (143) |