in its failure to obey, observe or comply with any such order, shall be guilty of a misdemeanor. (Laws 1913, p. 601.) 3. In construing and enforcing the provisions of this act relating to forfeitures and penalties the act of any director, officer or other person acting for or employed by any common carrier, railroad corporation or street railroad corporation, or corporation, acting within the scope of his official duties or employment, shall be in every case and be deemed to be the act of such common carrier, railroad corporation or street railroad corporation, or corporation. (Laws 1913, p. 601.) For matters relating to: Penalties imposed on utilities, see Sec. 63. Consult also specific sections. Sec. 66. Duties of commission as to interstate traffic. The commission may investigate interstate freight or passenger rates or interstate freight or passenger service on railroads within the state, and when such rates are, in the opinion of the commission, excessive or discriminatory or are levied or laid in violation. of 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, or in conflict with the rulings, orders or regulations of the interstate commerce commission, the commission may apply by petition to the interstate commerce commission for relief or may present to the interstate commerce commission all facts coming to its knowledge, as to violations of the rulings, orders or regulations of that commission or as to violations of the said act to regulate commerce or acts amendatory thereof or supplementary thereto. (Laws 1913, p. 601.) ARTICLE IV. PROVISIONS RELATING TO GAS CORPORATIONS, ELECTRICAL CORPORATIONS AND WATER CORPORATIONS; REGULATION OF PRICE OF GAS, ELECTRICITY AND WATER. 68. Safe and adequate service; just and reasonable charges. 69. 70. 71. General powers of commission in respect to gas, water and electricity. Power of commission to stay increased rate. Inspection of gas, water and electric meters. 72. Approval of incorporation and franchises; certificate. 73. Right to issue stocks, bonds and notes subject to regulation by state. 74. Approval of transfer of franchises. 75. Approval of issues of stocks, bonds and other forms of indebt 76. edness. Certificate of commission to be recorded; stock dividends pro hibited. 77. 78. 79. 80. 81. 82. 83. 84. 85. Power of commission to require account of disposition of sales of stocks, bonds, et cetera; if issued without authority, void; penalties and forfeitures; state not liable. Power of commission to ascertain valuation of property of gas, electrical and water corporations. Power of commission to require depreciation account of gas, electrical and water corporations. Reorganizations. Complaints as to quality and price of gas, water and electricity; investigation by commission; forms of complaints. Notice and hearing; order fixing price of gas, water or electricity, or requiring improvement. Forfeiture for non-compliance with order. Summary proceedings. Defense in case of excessive charges for gas, water or electricity. Sec. 67. Application of article. This article shall apply to the manufacture and furnishing of gas for light, heat or power and the furnishing of natural gas for light, heat or power, and the generation, furnishing and transmission of electricity for light, heat or power, and the supplying and distributing of water for any purpose whatsoever. (Laws 1913, p. 602.) For matters relating to: Definitions, see Sec. 2. Jurisdiction, see Sec. 16. Similar provisions, see Secs. 26, 86. Former repugnant statutes repealed (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576). All Sec. 68. Safe and adequate service; just and reasonable charges. 1. Every gas corporation, every electrical corporation, every water corporation and every municipality shall furnish and provide such service, instrumentalities and facilities as shall be safe and adequate and in all respects just and reasonable. charges made or demanded by any such gas corporation, electrical corporation, water corporation or municipality for gas, electricity, water or any service rendered or to be rendered, shall be just and reasonable and not more than allowed by law or by order or decision of the commission. Every unjust or unreasonable charge made or demanded for gas, electricity, water or any such service, 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. 602.) For matters relating to: Similar provisions, see Secs. 27, 87-1. Consult specific sections. 2. No gas corporation, electrical corporation, water corporation or municipality shall directly or indirectly by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less compensation for gas, electricity, water or for any service rendered or to be rendered or in connection therewith, except as authorized in this act, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service with respect thereto under the same or sub stantially similar circumstances or conditions. (Laws 1913, p. 602.) For matters relating to: Power of Commission over discriminatory rates, see Sec. 69-5. Deviation from schedule rates, see Sec. 69-12. Power of Commission to stay increased rates, see Sec. 70. Similar provisions, see Secs. 33, 87-2. Rates lower than the cost of service to one class of consumers result in discrimination (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576), but classification of rates, based upon a reasonable relation of the difference in service, is permissible (Ibid.; 3 Mo. P. S. C. 434, P. U. R. 1916 E, 308). The furnishing of service free to shoe factories, churches and public schools (4 Mo. P. S. C. 631, P. U. R. 1917 D, 224), or at different rates for manufacturing purposes than for general use (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576), or to stockholders than to non-stockholders (1 Mo. P. S. C. 564) has been found discriminatory. Low rates for long-hour or daytime use of electricity justified only in reduction of cost to all consumers and that no discrimination results (1 Mo. P. S. C. 564). Rates containing inequalities, unjust discriminations, undue preferences or advantages are not justified by municipal action, the desire of municipal authorities, the encouragement of business, or usage or custom (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576). Minimum charges based on flat-rate charges and resulting in different charges to consumers served at the same time under like conditions are discriminatory (2 Mo. P. S. C. 235, P. U. R. 1915 C, 125), as are minimum charges for electric service varying from nothing to $25.00 per month (2 Mo. P. S. C. 122, P. U. R. 1915 A, 956). Test for determination of reasonableness of classification of rates for water service (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576) set forth. Contracts giving rates different from those prescribed violate this section (1 Mo. P. S. C. 564), but insufficiency of evidence precludes a finding (2 Mo. P. S. C. 177, P. U. R. 1915 B, 908). A higher rate in one locality than another has been considered discriminatory (1 Mo. P. S. C. 355; 3 Mo. P. S. C. 403), as rates for water service (1 Mo. P. S. C. 355) and charges of a natural gas supply company (3 Mo. P. S. C. 403); but the mere fact of lower rates in one locality than in another (4 Mo. P. S. C. 162, P. U. R. 1917 B, 679), or that service is sold in bulk to certain municipalities at lower rates than to other consumers (Ibid.) does not disclose discrimination, and different charges for electric service have been considered justified on account of loss of energy and increased cost of service (1 Mo. P. S. C. 355). However, unjust discriminations within and without the municipality granting the franchise are prohibited (1 Mo. P. S. C. 355). Franchise rates should not be held discriminatory without a complete valuation (1 Mo. P. S. C. 664). Supreme Court decisions based upon "exceptional discrimination" not binding upon this Commission (4 Mo. P. S. C. 412, P. U. R. 1917 B, 576). Discriminations due to error and overcharges ordered ceased (1 Mo. P. S. C. 130). That discrimination be eliminated it has been suggested that the utility purchase the distribution system in a municipal subdivision and furnish service at rates charged in the city (4 Mo. P. S. C. 162, P. U. R. 1917 B, 679). Exercising a discretion as to whether or not to exact a cash deposit or personal guaranty, at the option of the consumer, is not unjust discrimination (1 Mo. P. S. C. 130). Original and periodic inspections to determine connected load or measurement of demand should be had that discrimination be eliminated and consumers afforded service at lowest cost (2 Mo. P. S. C. 656, P. U. R. 1916 B, 645). 3. No gas corporation, electrical corporation, water corporation or municipality shall make or grant any undue or unreasonable preference or advantage to any person, corporation or locality, or to any particular description of service in any respect whatsoever, or subject any particular person, corporation or locality or any particular description of service to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. p. 603.) For matters relating to: Power of Commission over discriminatory service, see Sec. 69-5. Determination of just and reasonable service, see Sec. 82. (Laws 1913, Dis Utilities are obliged to serve all alike, without discrimination (2 Mo. P. S. C. 12). continuance of electric service to some of a class of consumers is discriminatory (4 Mo. P. S. C. 650, P. U. R. 1917 C, 144). Water utilities should treat all plumbers with fairness and impartiality (1 Mo. P. S. C. 664). 4. Nothing in this act shall be taken to prohibit a gas corporation, electrical corporation or water corporation from establishing a sliding scale for a fixed period for the automatic adjustment of charges for gas, electricity, water, or any service rendered or to be rendered and the dividends to be paid stockholders of such gas corporation, electrical corporation or water corporation: Provided, that the sliding scale shall first have been filed with and approved by the commission; but nothing in this subdivision shall operate to prevent the commission after the expiration of such fixed period from fixing proper, just and reasonable rates and charges to be made for service as authorized in this article. (Laws 1913, p. 603.) For matters relating to: Power of Commission over rates, see Sec. 69-5. Power of Commission to stay increased rates, see Sec. 70. Power of Commission over security issues, see Secs. 73-77. Sec. 69. General powers of commission in respect to gas, water and electricity. The commission shall: 1. Have general supervision of all gas corporations, electrical corporations and water corporations having authority under any special or general law or under any charter or franchise to lay down, erect or maintain wires, pipes, conduits, ducts or other fixtures in, over or under the streets, highways and public places of any municipality, for the purpose of furnishing or distributing water or gas or of furnishing or transmitting electricity for light, heat or power, or maintaining underground conduits or ducts for electrical conductors, and all gas plants, electric plants and water systems owned, leased or operated by any gas corporation, electrical corporation or water corporation. (Laws 1913, p. 603.) For matter relating to: Jurisdiction in general, see Sec. 16. Similar provisions, see Secs. 43-1, 90-1. Commission's jurisdiction exists without regard to charter, franchise or statutory authority of the public utility (4 Mo. P. S. C. 650, P. U. R. 1917 C, 144), and the use of streets is of little importance in determining the character of the undertaking (Ibid.) The power of the board of aldermen of the city of St. Louis to fix license taxes for gas utilities is not impaired by the Public Service Commission law (Mo. App. 191 S. W. 1109, Mo. 195 S. W. 710). This Commission has authority to enforce franchise provisions (1 Mo. P. S. C. 130; 1 Mo. P. S. C. 664), but a resolution extending time for compliance with franchise provisions not ratified by vote of people (1 Mo. P. S. C. 664) is of no effect. Three members of the board of directors of corporations are to be residents of this state (1 Mo. P. S. C. 468). 2. Investigate and ascertain, from time to time, the quality of gas or water supplied by persons, corporations and municipalities; examine or investigate the methods employed by such persons, corporations and municipalities in manufacturing, distributing and supplying gas or electricity for light, heat or power and in transmitting the same, and in supplying and distributing water for any purpose whatsoever, and have power to order such reasonable improvements as will best promote the public interest, preserve the public health and protect those using such gas, electricity or water, and those employed in the manufacture and distribution thereof, and have power to order reasonable improvements and extensions of the works, wires, poles, pipes, lines, conduits, ducts and other reasonable devices, apparatus and property of gas corporations, electrical corporations, water corporations and municipalities. (Laws 1913, p. 603.) For matters relating to: Standards of service, see Sec. 69-3. Service in general, see Secs. 69-5, 82. Equipment and facilities, see Secs. 69-5, 116. 3. Have power by order to fix from time to time standards for the measurement of the purity or illuminating power of gas to be manufactured, distributed or sold by persons, corporations or municipalities for lighting, heating or power purposes, to prescribe from time to time the efficiency of the electric supply system, of the current supplied and of the lamps furnished by the persons, corporations or municipalities generating and selling electric current, and to fix from time to time standards for the measurement of the purity or pressure of water to be distributed or sold by persons, corporations or municipalities for any purpose whatsoever, and by order to require gas so manufactured, distributed or sold to equal the standards so fixed by it, and to prescribe from time to time the reasonable minimum and maximum pressure at which gas shall be delivered by said persons, corporations or municipalities. For the purpose of determining whether the gas manufactured, distributed or sold by such persons, corporations or municipalities for lighting, heating or power purposes conforms to the standards of illuminating power, purity and pressure, and for the purpose of determining whether the efficiency of the electric supply system, of the current supplied and of the lamps furnished, and for the purpose of determining whether the water furnished or sold conforms to the standard of purity and pressure, and conforms to the orders issued by the commission, the commission shall have power, of its own motion, to examine and investigate the plants and methods employed in manufacturing, delivering and supplying gas, electricity or water, and shall have access, through its members or persons employed and authorized by it, to make such examinations and investigations, to all parts of the manufacturing plants owned, used or operated for the manufacture, transmission or distribution of gas or electricity by any such person, corporation or municipality, and to all parts of the systems owned, used or operated for the supplying and distribution of water by any such person, corporation or municipality. 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. (Laws 1913, p.604.) |