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5. To the manufacture, sale or distribution of gas, natural and artificial, and electricity for light, heat and power, within the state, and to persons or corporations owning, leasing, operating or controlling the same; and to gas and electric plants, and to persons or corporations owning, leasing, operating or controlling the same.

(Laws 1913, p. 565.) Rates and service of municipal electric utilities are subject to the Commission's jurisdiction (2 Mo. P. S. C. 442, P. U. R. 1915 D, 974). (See cross-references Sec. 16-9.)

6. To all telephone lines, as above defined, and all telegraph lines, as above defined, and to every telephone company, and to every telegraph company, so far as said telephone and telegraph lines are and lie, and so far as said telephone companies and said telegraph companies conduct and operate such line or lines, respectively, within this state. (Laws 1913, p. 565.)

A telephone utility furnishing toll (1 Mo. P. S. C. 409; 3 Mo. P. S. C. 559, P. U. R. 1916 E, 296) or other service for hire, although rendering service to shareholders on the assessment basis (4 Mo. P. S. C. 611), is subject to the Commission's jurisdiction; but the Commission is without jurisdiction over purely mutual telephone companies (4 Mo. P. S. C. 308, P. U. R. 1917 A, 245; 2 Mo. P. S. C. 103; 2 Mo. P. S. C. 107; 2 Mo. P. S. C. 116). (See cross-references Sec. 16-9.)

7. To all water corporations, and to the land, property, dams, water supplies, or power stations thereof and the operation of same within this state; provided, that nothing contained in this act shall be construed as conferring jurisdiction upon the public service commission over the service or rates of any municipally owned water plant or system in any city of this state, except where such service or rates are for water to be furnished or used beyond the corporate limits of such municipality. (Laws 1913, p. 566, as amended by Laws 1917, p. 432.)

Commission is vested with jurisdiction over rates of municipally owned water utilities (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576; 2 Mo. P.S. C. 442, P. U. R. 1915 D, 974), and utilities rendering service to a limited community only (4 Mo, P. S. C. 28); but, while the filing of rate schedules has been considered to waive the question of jurisdiction (Ibid.), jurisdiction is not to be asserted where it does not exist, although such schedules have been filed (4 Mo. P. S. C. 412, P. U. R. 1917B, 576). (See cross-references Sec. 16-9.)

8. To all persons, corporations or partnerships engaged in the “transportation of property or freight,” as above defined, within this state. (Laws 1913, p. 566.)

The determination of interstate or intrastate character of shipments rests upon the law as expounded by the Supreme Court of the United States (268 Mo. 109, 186 s. w. 703). Federal jurisdiction over interstate commerce requiring a general system or uniformity of regulation is exclusive (268 Mo. 109, 186 S. W. 703; 2 Mo. P. S. C. 560, P. U. R. 1915 F, 489), over interstate commerce not requiring a general system or uniformity of regulation is not exclusive until exercised (Ibid.), and over commerce purely local does not exist (Ibid.). The jurisdiction of the Commission is limited to intrastate transportation (1 Mo. P. S. C. 624), and interstate shipments (1 Mo. P. S. C. 212), as shipments from and to points within the state, passing en route without the state (1 Mo, P. S. C. 600), or state shipments of ties to a hold yard of the shipper prior to shipment outside the state are interstate shipments (268 Mo. 109, 186 S. W. 703, reversing 1 Mo. P. S. C. 212), are not subject to the Commission's jurisdiction, but shipments from one point to another within the state are intrastate shipments, although later, under direction of another, such shipments move outside the state (269 Mo. 63, 189 S. W. 377, P. U. R. 1917 D, 215; 1 Mo. P. S. C. 600), or are held on hold tracks within another state for the convenience of the carrier (Ibid.). The mere carriage of interstate commerce by a train (1 Mo. P. S. C. 624) does not divest the Commission of jurisdiction, and that adequate local service may be had, the Commission is vested with jurisdiction over the routing (2 Mo. P. S. C. 430, P. U. R. 1915 D, 961), stoppage (4 Mo. P. S. C. 230, P. U. R. 1917 B, 417; 2 Mo. P. S. C. 525), or rearrangement of

schedules (4 Mo. P. S. C. 230, P. U. R. 1917 B, 417; 2 Mo, P. S. C. 510; 1 Mo, P. S. C. 278) of interstate trains. Knowledge or intention of shipper (268 Mo. 109, 186 S. W. 703; 1 Mo. P. 8. C. 212), stoppage in transit (Ibid.) or carriage by an independent water carrier (Ibid.) is given consideration in determining nature of shipments. This law does not apply to interstate commerce (Section 138). (See cross-references to Sec. 16-9.)

9. To all public utility corporations and persons whatsoever subject to the provisions of this act as herein defined. And to such other and further extent, and to all such other and additional matters and things, and in such further respects as may herein appear, either expressly or impliedly. (Laws 1913, p. 566.) For matters relating to (including preceding subsections):

.

Definitions, see Sec. 2.
Necessary powers of Commission, see Sec. 3.
Certain sections more specifically, consult specific sections and see Secs. 43-1, 69-1,

90-1.
Interstate commerce, see Secs. 66, 138.

Repeal of former statutes, see Sec. 139, and consult specific sections. The Commission has no power of legislation (Mo. 192 S. W. 460, P. U. R. 1917 C, 1005; 2 Mo. P. S. C. 84) and may not repeal a statute (259 Mo. 704, 168 S. W. 1156;

Mo. 192 S. W. 460, P. U. R. 1917 C, 1005; 2 Mo. P.S. C. 560, P. U. R. 1915 F, 489); nor is it a part of the judicial system of the state (268 Mo. 109, 186 S. W. 703; Mo. 192 S. W. 460, P. U. R. 1917 C, 1005; 259 Mo. 704, 168 S. W. 1156; 1 Mo. P.S. C. 416; 1 Mo. P. S. C. 80; 2 Mo. P. S. C. 1), being a representative agency established by the Legislature (268 Mo. 109, 186 S. W. 703) for the performance of delegated quasi-legislative and administrative functions (1 Mo. P. S. C. 416). The Commission may make findings of fact and orders - Mo. - 192 S. W. 460, P. U. R. 1917 C, 1005); and while it is without power to expound authoratively any principle of law or equity (268 Mo. 109, 186 S. W. 703), the discharge of its duty at times necessitates a determination as to whether it may legally act under a given law (2 Mo. P. S. C. 15; 2 Mo. P. S. C. 560, P. U. R. 1915 F, 489), as it seeks to observe and not disregard the law in its determinations (4 Mo, P. S. C. 116), and, accordingly, it has been considered that Laws 1911, p. 161-2, declaring railroads three miles or more in length common carriers, is constitutional (1 Mo. P. S. C. 416); that the Public Service Commission law does not deprive utilities of property without due process of law (Ibid.); or repeal Sec. 2981, R. S. 1909, limiting bonded indebtedness to capital stock (4 Mo. P. S. C. 660, P. U. R. 1917 C, 17), but does relieve railroads from the former statutory (1 Mo. P.S. C. 640) and ordinance (2 Mo. P.S. C. 295) obligations with respect to highway and track intersections (but see Sec. 139), and takes from certain cities the former exclusive control over municipal streets (4 Mo. P. S. C. 499; 2.Mo. P. S. C. 471, P. U. R. 1915 F, 149), and supersedes Sec. 3241, R. S. 1909, the continuous mileage law (1 Mo. P: S. C. 600); that trial by jury was not "heretofore enjoyed" in proceedings had under this law , Mo. P. S. C. 416); that prior statutory regulations establishing fixed railroad rates (3 Mo. P. S. C. 75) and legislation relative to headlights on switch engines (2 Mo, P. S. C. 560) have been superseded; that sections 27, 33, 34, 35, 37 and 139 are cumulative and supplemental to sections 3173, 3184 and 3185, R. S. 1909, treating of railroad discriminations (4 Mo. P.S. C. 620, P. U. R. 1917 D, 109), whereas the constitutionality of section 3173, R. S. 1909, the long and short haul provision, is left for the courts (4 Mo. P. S. C. 7); that ordinances not passed in accordance with statutory provisions (1 Mo. P. S. C. 632; 2 Mo. P. S. C. 235) or passed under statutes superseded by the Public Service Commission law (4 Mo. P. S. C. 412; 4 Mo. P. S. C. 499; 2 Mo. P. S. C. 471, P. U. R. 1915 F, 149) are inoperative; and that the state's police power, as evidenced in Laws 1913, p. 187, yields to Congressional action, exclusive in its nature (U. S. Comp. Stats., Sup. 1911, p. 1321), regulating hours of labor of towermen (2 Mo. P. S. C. 15), or headlights on switch engines (1 Mo. P. S. C. 600). The Commission is without authority to grant relief by injunction (4 Mo. P. S. C. 490, P. U. R. 1917 A, 351; 1 Mo. P. S. C. 80; 2 Mo. P. S. C. 1), except to initiate injunctive proceedings under statutory authority conferred (1 Mo. P. S. C. 80; 2 Mo. P. S. C. 1), or mandamus (1 Mo. P. S. C. 80; 2 Mo. P. S. C. 690, P. U. R. 1916 B, 1004); to decide the constitutionality of legislative enactments (2 Mo. P. S. C. 15; 2 Mo. P. S. C. 531; 4 Mo. P. S. C. 7; 259 Mo. 704, 168 S. W. 1156); to pass on the franchise right of a utility to sell natural or artificial gas (3 Mo. P. S. C. 403), the right of a mutual telephone utility to use public roads and streets (2 Mo. P. S. C. 103; 2 Mo. P. S. C. 107), or pass on the construction of ordinances (2 Mo. P. S. C. 508, P. U. R. 1915 F, 1), such as require the payment of a license tax (Ibid.); or decide objections to the vacation of a street and effect of occupancy by a station upon the flow of water (2 Mo. P. S. C. 289, P. U. R. 1915 C, 865), or the title to a station site (2 Mo. P. S. C, 289, P. U. R. 1915 C, 865); nor can it enforce private contract obligations (2 Mo. P. S. C. 690, P. U. R. 1916 B, 1004), except insofar as they relate to rates and service (4 Mo. P. S. C. 116); set aside mortgages as void (4 Mo. P. S. C. 238, P. U. R. 1917 A, 247); grant relief because of

refusal of an officer to render an accounting (Ibid.), grant relief against the exclusion of directors and shareholders in the management of a telephone utility (Ibid.), grant relief from the payment of a mill tax (2 Mo. P. S. C. 357, P. U. R. 1915 D, 482); or adjudicate a controversy growing out of a personal encounter (3 Mo. P. S. C. 326); or order a refund of overcharges for (2 Mo. P. S. C. 656, P. U. R. 1916 B, 645) or award damages for the discontinuance of (4 Mo. P. S. C. 650, P. U. R. 1917 C, 144) service, or refund payments by consumers for extensions of service. mains (3 Mo. P. S. C. 515, P. U. R. 1916 E, 204). The Commission is not disposed to consider the constitutionality of this act, it being a question for the courts (1 Mo. P. S. C. 699), as is the determination of an abandonment of streets (4 Mo. P. S. C. 522, P. U. R. 1917 C, 42). The Commission is not disposed to assume jurisdiction unless fully satisfied it exists (1 Mo. P. S. C. 29), as it may exercise only such powers as are expressly conferred (Mo.--, 192 S. W.958, P. U. R. 1917 D, 752); and it has been held without jurisdiction over stockyard companies (2 Mo. P. S. C. 406, P. U. R. 1915 D, 661), or the reasonableness of charges for ice manufactured by an electric utility (2 Mo. P. S. C. 311, P. U. R. 1915 C, 1017), or the number of grain elevators in a given locality (3 Mo. P. S. C. 529); but public utility officers, agents, servants and employees are subject to its authority (1 Mo. P. S. C. 130). Neither the doctrine of res judicata (1 Mo. P. S. C. 412) nor the pendency of court proceedings to restrain the erection of a station at other than the former site, with reference to the jurisdiction of the Commission over the erection of a station at some point other than the former site (1 Mo. P. S. C. 109), divests the Commission of its authority. The Commission's jurisdiction does not extend beyond the limits of the state (1 Mo. P. S. C. 278).

Sec. 17. Certain acts prohibited.—Every commissioner, the general counsel to the commission, the secretary of the commission, and every person employed or appointed to office, either by the commission, or by the general counsel to the commission, is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any corporation or person subject to the supervision of the commission, or to any officer, attorney, agent or employee thereof, the appointment of any person to any office, place, position or employment. And every such corporation and person, and every officer, attorney, agent and employee thereof, is hereby forbidden and prohibited to offer to any commissioner, the general counsel to the commission, to the secretary thereof, or to any person employed by the commission or by the general counsel to the commission, any office, place, appointment or position, or to offer or give to any commissioner, to the general counsel to the commission, to the secretary thereof, or to any officer employed or appointed to office by the commission or by the general counsel to the commission, any free pass or transportation or any reduction in fare to which the public generally are not entitled or free carriage for property or any present, gift or gratuity of any kind. If any commissioner, the general counsel to the commission, the secretary thereof or any person employed or appointed to office by the commission or by the general counsel to the commission, shall violate any provision of this section he shall be removed from the office held by him. Every commissioner, the general counsel to the commission, the secretary thereof and every person employed or appointed to office by the commission or by the general counsel to the commission, shall be and be deemed to be a public officer. (Laws 1913, p. 566.)

Sec. 18. Reports of commission.—1. All proceedings of the commission and all documents and records in its possession shall be public records. The commission shall make and submit to the governor on or before the second Monday in January in each year a report containing a full and complete account of its transactions and proceedings for the preceding fiscal year, together with such other facts, suggestions and recommendations as it may deem of value to the people of the state, which report shall be laid before the next succeeding legislature. (Laws 1913, p. 566.)

2. The commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within the jurisdiction of the commission, if requested to do so by the legislature or by either branch thereof or by the governor, and shall report its conclusions to the legislature, or to the governor if the request was made by him. The commission may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest. (Laws 1913, p. 567.)

Sec. 19. Decisions to be published.—The commission shall furnish its secretary all of its findings, orders and decisions and the secretary shall compile the same for the purpose of publication in a series of volumes to be designated “Reports of the public service commission of the state of Missouri," which shall be published in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the findings, orders and decisions of the commission therein contained without any further proof or authentication thereof. (Laws 1913, p. 567.)

Sec. 20. Certified copies of papers filed to be evidence.Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary of the commission to be true copies of the originals, under the official seal of the commission, shall be evidence in like manner as the originals. (Laws 1913, p. 567.) For matters relating to:

Record upon review, see Secs. 111, 114.

Sec. 21. Fees to be charged and collected by the commission.—The commission shall charge and collect the following fees: For copies of papers and records not required to be certified nor otherwise authenticated by the commission, ten cents for each one hundred words and figures; for certified copies of official documents and orders filed in its office, fifteen cents for each one hundred words and figures and one dollar for every certificate under seal affixed thereto; for each certified copy of the annual report of the commission, one dollar and fifty cents; for certified copies of evidence and proceedings taken before the commission, fifteen cents for each one hundred words and figures; for certificate authorizing an issue of bonds, notes or other evidences of indebtedness, one dollar for each thousand dollars of the face value of the authorized issue, or fraction thereof, up to one million dollars, and fifty cents for each one thousand dollars over one million dollars and up to ten million dollars, and twenty-five cents for each one thousand dollars over ten million dollars, with a minimum fee in any case of two hundred and fifty dollars: Provided, that no fee shall be charged when such issue is made for the purpose of guaranteeing, taking over, refunding, discharging or retiring any bond, note or other evidence of indebtedness up to the amount of the issue guaranteed, taken over, refunded, discharged or retired. No fees shall be charged or collected for copies of papers, records or official documents furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution, but the commission may fix reasonable charges for publications issued under its authority. All fees charged and collected under this section shall be paid, at least once each month, accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general revenue fund. (Laws 1913, p. 567.) For matters relating to:

Fees for testing track scales, see Sec. 39. The warrant for taxing costs and fees must be found in the express words of the statute, otherwise it does not exist (1 Mo. P. S. C. 97). This section is a reasonable and proper exercise of legislative discretion (268 Mo. 641, 187 S. W. 827), affording the only rule for guidance of the Commission in fixing the amount of the fees (Ibid.), which fees are in no sense a tax but are primarily to reimburse the state for the maintenance of the Commission (Ibid.), and when assessed in accordance herewith must stand, even though the amount of securities far exceeds the value of the property in this state (Ibid.), or payment is made under written protest (Ibid.). Fees for refunding bonds are not exacted (1 Mo. P. S. C. 236), whether or not the original issue was approved (1 Mo. P. S. C. 97), but for bonds not refunding are assessed (1 Mo. P. S. C. 236).

Sec. 22. Attendance of witnesses and their fees.-1. All subpoenas shall be signed and issued by a commissioner or by the secretary of the commission, and shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record or by any person of full age designated for that purpose by the commission or by a commissioner. The person executing any such process shall receive the fees now prescribed by law for similar services in civil cases in the circuit courts in this state, and shall be paid in the same manner as provided herein for the payment of the fees of the witnesses. Each witness who shall appear before the commission or a commissioner by its or his order, shall receive for his attendance the fees and mileage now provided for witnesses in civil cases in the circuit courts of this state, which shall be audited and paid by the state in the same manner as other expenses of the commission are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the commission. (Laws 1913, p. 568.)

2. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the commission, the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the commission, may, at the time of service, demand the fee to which he is entitled for travel to and from the place at which he is required to appear, and one

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