day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, he shall not be required to attend before the commission or commissioner, as directed in the subpoena. No witness furnished with free transportation shall receive mileage for the distance he may have. traveled on such free transportation. (Laws 1913, p. 568.) 3. It shall be the duty of every public officer, without exacting or receiving charge or fee of any kind, to furnish to the commission, upon application, a certified copy of any document or part thereof, on file in his office, and no public officer shall be entitled to receive from the commission any fee for entering, filing, docketing or recording any document required or authorized by law to be filed in his office. (Laws 1913, p. 568.) For matters relating to: Production of books, etc., of common carriers, see Sec. 43-2. Production of books, etc., of electric, gas or water utilities, see Sec. 69-10. Immunity of witnesses, see Sec. 125. Sec. 23. Witnesses refusing to attend or refusing to produce books or papers guilty of misdemeanor-penalty.—If a person subpoenaed to appear before the commission or a commissioner fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance upon the commission or a commissioner shall, without a reasonable cause, refuse to be sworn or to be examined, or answer a question, or to produce a book or paper when ordered to do so by the commission or a commissioner, or to subscribe or swear to his deposition after it has been correctly produced in writing, he shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdiction; 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. 569.) For matters relating to: Production of books, etc., kept outside the state, see Sec. 121. Sec. 24. Commission to adopt rules to govern hearings. All hearings before the commission or a commissioner shall be governed by rules to be adopted and prescribed by the commission. And in all investigations, inquiries or hearings the commission or a commissioner shall not be bound by the technical rules of evidence. No formality in any proceeding nor in the manner of taking testimony before the commission or any commissioner shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission. (Laws 1913, p. 569.) For matters relating to: Complaints, how made in general, see Secs. 107, 108. Rehearings before the Commission, see Sec. 110. Substantial compliance with requirements of act sufficient, see Sec. 127. Rules of practice and procedure and forms governing matters before the Commission have been adopted. Sec. 25. Service and effect of orders.-Every order of the commission shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby, or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the code of civil procedure. It shall be the duty of every person and corporation to notify the commission forthwith, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the commission every person and corporation upon whom it is served must if so required in the order notify the commission in like manner whether the terms of the order are accepted and will be obeyed. Every order or decision of the commission shall of its own force take effect and become operative thirty days after the service thereof, except as otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the commission, unless such order be unauthorized by this act or any other act or be in violation of a provision of the Constitution of the state or of the United States. (Laws 1913, p. 569.) For matters relating to: Effect of orders in collateral proceedings, see Sec. 115. Substantial compliance with requirements of act sufficient, see Sec. 127. ARTICLE II. PROVISIONS RELATING TO RAILROADS, STREET RAILROADS AND COMMON CARRIERS. Section 26. 27. 28. 29. 30. 31. 32. Application of article. Safe and adequate service; just and reasonable charges. Common carriers to furnish correct rates on written request; penalty and damage for failure. Changes in schedule; notice required. Concurrence in joint tariffs; contracts, agreements, or arrangements between any carriers. Section 38. Distribution of cars; collection and distribution of express pack ages. 39. Common carrier to furnish facilities for testing track scales. 40. 41. Liability for damage for property in transit. 42. Liability for loss or damage caused by violation of this act. Section 26. Application of article. The provisions of this article shall apply to the transportation of passengers or property from one point to another within this state, and to any common carrier performing such service. (Laws 1913, p. 570.) For matters relating to: Definitions, see Sec. 2. Jurisdiction, see Sec. 16. Similar provisions, see Secs. 67, 86. Sec. 27. Safe and adequate service; just and reasonable charges. Every corporation, person or common carrier performing a service designated in the preceding section shall furnish, with respect thereto, such service and facilities as shall be safe and adequate and in all respects just and reasonable. All charges made or demanded by any such corporation, person or common carrier for the transportation of passengers or property or for any service rendered or to be rendered in connection therewith, as defined in section two of this act, shall be just and reasonable and not more than allowed by law or by order or decision of the commission and made as authorized by this act. Every unjust or unreasonable charge made or demanded for any such service or transportation of passengers or property or in connection therewith or in excess of that allowed by law or by order or decision of the commission is prohibited. (Laws 1913, p. 570.) For matters relating to: General powers and duties of Commission, see Sec. 43. Similar provisions, see Secs. 68-1, 87-1. Consult 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). Sec. 28. Switch and side-track connection; powers of commission.-1. A railroad corporation, upon the application of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection or connections with a lateral line of railroad or private side-track owned, operated or controlled by such shipper, and shall, upon the application of any shipper, provide upon its own property a side-track and switch connection with its line of railroad, whenever such side-track and switch connection is reasonably practicable, can be put in with safety and the business therefor is sufficient to justify the same. (Laws 1913, p. 570.) Shippers may require railroads to construct and operate switch connections with private sidetrack facilities hereunder (1 Mo. P. S. C. 396), and such tracks are devoted to public use (3 Mo. P. S. C. 476). 2. If any railroad corporation shall fail to install or operate any such switch connection with a lateral line of railroad or any such side-track and switch connection as aforesaid, after written application therefor has been made to it, any corporation or person interested may present the facts to the commission by written petition, and the commission shall investigate the matter stated in such petition, and give such hearing thereon as it may deem necessary or proper. If the commission be of opinion that it is safe and practicable to have a connection, substantially as prayed for, established or maintained, and that the business to be done thereon justifies the construction and maintenance thereof, it shall make an order directing the construction and establishment thereof, specifying the reasonable compensation to be paid for the construction, establishment and maintenance thereof, and may in like manner upon the application of the railroad corporation order the discontinuance of such switch connection. (Laws 1913, p. 571.) For matters relating to: Interchange tracks, see Sec. 47-4. Power of commission to order changes, see Sec. 49. Commission vested with jurisdiction over switch connections with private industry tracks, although such connection will be used for interstate as well as state traffic (1 Mo. P. S. C. 658), or contract provisions exist exempting one or both railroads from such statutory duty (Ibid.); but its jurisdiction is limited to the construction of connecting switches from the railroad's track to line of its right of way (Ibid. Mound City M. & E. Co. v. C., B. & Q. R. R., decided Aug 27, 1917), and apportionment of expenses therein incurred (Mound City M. & E. Co. v. Chicago, B. & Q. R. R., decided Aug. 27, 1917). Applications for switch connections with private industry tracks have been approved (1 Mo. P. S. C. 658; Mound City M. & E. Co. v. C., B. & Q. R. R., decided Aug. 27, 1917), but the construction of an outlying switch was denied on account of attending dangers and limited business (3 Mo. P. S. C. 578), as was permission to use an industrial side track maintained for the accommodation of another (2 Mo. P. S. C. 92). Annual carload freight charges, in addition to less than carload charges, of $5,159.74 to an individual shipper justifies an assignment of $1,648.95 of a total expense of $2,548.95 to the railroad in the construction of an industrial side track on its right of way (Mound City M. & E. Co. v. Chicago, B. & Q. R. R., decided Aug. 27, 1917). Existence of a monopoly of the business of a given city by a railroad does not justify a refusal to furnish private industrial side track facilities (Mound City M. & E. Co. v. Chicago, B. & Q. R. R., decided Aug. 27, 1917). Sec. 29. Tariff schedules publication.-Every common carrier shall file with the commission and shall print and keep open to public inspection schedules showing the rates, fares and charges for the transportation of passengers and property within this state between each point upon its route and all other points thereon; and between each point upon its route and all points upon every route leased, operated or controlled by it; and between each point on its route or upon any route leased, operated or controlled by it and all points upon the route of any other common carrier, whenever a through route and joint rate shall have been established or ordered between any two such points. If no joint rate over a through route has been established, the several carriers in such through route shall file, print and keep open to public inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation. The schedules printed as aforesaid shall plainly state the places between which property and passengers will be carried, and shall also contain the classification of passengers or property in force, and shall also state separately all terminal charges, storage charges, icing charges, and all other charges which the commission may require to be stated, all privileges or facilities granted or allowed, and any rules or regulations which may in any way change, affect or determine any part or the aggregate of such aforesaid rates, fares and charges, or the value of the service rendered to the passenger, shipper or consignee. Such schedules shall be plainly printed in large type, and a copy thereof shall be kept by every such carrier readily accessible to and for convenient inspection by the public in every station or office of such carrier where passengers or property are respectively received for transportation, when such station or office is in charge of an agent, and in every station or office of such carrier where passenger tickets for transportation or tickets covering sleeping or parlor car or other train accommodation are sold or bills of lading or receipts for property are issued. All or any of such schedules kept as aforesaid shall be immediately produced by such carrier for inspection upon the demand of any person. A notice printed in bold type and stating that such schedules are on file with the agent and open to inspection by any person and that the agent will assist any such person to determine from such schedules any transportation rates or fares or rules or regulations which are in force shall be kept posted by the carrier in two public and conspicuous places in every such station or office. The form of every such schedule shall be prescribed by the commission and shall conform in the case of railroad corporations as nearly as may be to the form of schedule required by the interstate commerce commission under the act of congress entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and the acts amendatory thereof and supplementary thereto. The commission shall have power, from time to time, in its discretion, to determine and prescribe by order such changes in the form of such schedules as may be found expedient, and to modify the requirements of this section in respect to publishing, posting and filing of schedules either in particular instances or by general order applicable to special or peculiar circumstances or conditions. (Laws 1913, p. 571.) For matters relating to: Duty to furnish rates upon request, see Sec. 30. Changes in schedules, notice required, see Sec. 31. Concurrence in joint tariffs, etc., see Sec. 32. Transportation prohibited until publication and filing of schedules, see Sec. 35. Power of Commission to prescribe just and reasonable rates, see Sec. 47. Power of Commission to stay increased rates, see Sec. 48. Similar provisions, see Secs. 69-12. 88. Regulations prescribing the form and governing the construction and filing of freight tariffs and classifications and passenger fare schedules of railroad corporations, street railroad corporations and steamboat companies (G. O. Nos. 2, 18 and 19, Circulars No. 4 and Supplements 1 and 2 thereto) have been adopted. Sec. 30. Common carriers to furnish correct rates on written request; penalty and damage for failure.-It shall be the duty of every common carrier doing an intrastate business within this state. upon written request therefor, by any person who is a bona fide prospective shipper or receiver of freight or who has a bona fide interest therein, made upon any general or local freight or station |