Section 1. Short title.-This act shall be known as the "public service commission act,” and shall apply to the public services herein described and the commission herein created, and to the public service corporations, persons and public utilities mentioned and referred to in this act. (Laws 1913, p. 557.) This law, based upon the state's police power (254 Mo. 515, 163 S. W. 854), provides an elaborate system, intended to cover the entire field (259 Mo. 704, 168 S. W. 1156), for the regulation of public utilities and should be liberally construed to further its life, but with caution to decide only necessary questions raised (254 Mo. 515, 163 S. W. 854; 259 Mo. 704, 168 S. W. 1156). A public service corporation is an entity separate and distinct from its members or stockholders (2 Mo. P. S. C. 531). Sec. 2. Definitions.-1. The term "commission," when used in this act, means the public service commission hereby created. (Laws 1913, p. 557.) 2. The term "commissioner," when used in this act, means one of the members of the commission. (Laws 1913, p. 557.) 3. The term "corporation," when used in this act, includes a corporation, company, association and joint stock association or company. (Laws 1913, p. 557.) 4. The term "person," when used in this act, includes an individual, and a firm or copartnership. (Laws 1913, p. 557.) 5. The term "street railroad," when used in this act, includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for compensation, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place in any city, village or town, and including all equipment, switches, spurs, tracks, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind, together with all real estate, used, operated, controlled or owned by or in connection with any such street railroad; but the said term "street railroad," when used in this act, shall not include a railroad constituting or used as part of a trunk line railroad system. (Laws 1913, p. 557.) 6. The term "railroad," when used in this act, includes every railroad and railway, other than a street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad. (Laws 1913, p. 557.) Railroads three miles or over in length are operated for public use (1 Mo. P. S. C. 416). 7. The term "street railroad corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any street railroad or any cars or other equipment used thereon or in connection therewith. (Laws 1913, p. 558.) 8. The term "railroad corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any railroad or railway or any cars or other equipment used thereon or in connection therewith. (Laws 1913, p. 558.) Receivers of railroad corporations appointed by Federal courts (1 Mo. P. S. C. 334; 4 Mo. P. S. C. 296, P. U. R. 1917 B, 425) and foreign refrigerator transit companies doing business in the state (1 Mo. P. S. C. 29) are within the term "railroad corporation." 9. The term "common carrier," when used in this act, includes all railroad corporations, street railroad corporations, express companies, car companies, sleeping car companies, freight companies, freight-line companies, steamboat, power boat, vesselboat and ferry companies, and every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling, or managing any such agency for public use in the conveyance of persons, or property within this state. (Laws 1913, p. 558.) Railroads three miles or over in length (1 Mo. P. S. C. 416) and foreign refrigerator transit companies doing business in the state (1 Mo. P. S. C. 29) åre within the term "common carriers." Test of whether a carrier is public or private is the real possibility of use by all within the sphere of service (1 Mo. P. S. C. 416). 10. The term "gas plant," when used in this act, includes all real estate, fixtures and personal property owned, operated, controlled, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale or furnishing of gas (natural or manufactured) for light, heat or power. (Laws 1913, p. 558.) 11. The term “gas corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any gas plant operating for public use under privilege, license or franchise now or hereafter granted by the state or any political sub-division, county, or municipality thereof. (Laws 1913, p. 558.) 12. The term "electric plant," when used in this act, includes all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power. (Laws 1913, p. 558.) 13. The term "electrical corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever (other than a railroad or street railroad corporation generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others) owning, operating, controlling or managing any electric plant except where electricity is generated or distributed by the producer solely on or through private property for railroad or street railroad purposes or for its own use or the use of its tenants and not for sale to others. (Laws 1913, p. 559.) What constitutes an electric utility (4 Mo. P. S. C. 650, P. U. R. 1917 C, 144). 14. The term “transportation of property," when used in this act, includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported. (Laws 1913, p. 559.) A grain elevator falls within this subdivision (3 Mo. P. S. C. 529), as does a foreign refrigerator transit company doing business within the state (1 Mo. P. S. C. 29). 15. The term "line," when used in this act, includes "route.” (Laws 1913, p. 559.) 16. The term "municipality," when used in this act, includes a city, village or town. (Laws 1913, p. 559.) 17. The term "telephone corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any telephone line or part of telephone line used in the conduct of the business of affording telephonic communication for hire. (Laws 1913, p. 559.) What does not constitute service "for hire" (4 Mo. P. S. C. 677, P. U. R. 1917 C, 881; 2 Mo. P. S. C. 103; 2 Mo. P. S. C. 107; 2 Mo. P. S. C. 116). A different charge to nonmembers than to members by a mutual telephone utility constitutes service "for hire" (2 Mo. P. S. C. 116), but participation in toll service, without charging therefor, does not (Ibid.; 2 Mo. P. S. C. 103; 2 Mo. P. S. C. 107; 2 Mo. P. S. C. 116). Questionable whether a mutual telephone company operates a telephone exchange within the meaning of Laws 1911, p. 154, requiring installation of 'phone service in railway stations (3 Mo. P. S. C. 549). Persons operating telephone lines (2 Mo. P. S. C. 84; 2 Mo. P. S. C. 112) and mutual telephone utilities furnishing toll service for hire (1 Mo. P. S. C. 409; 3 Mo. P. S. C. 559, P. U. R. 1916 E, 296) are within this subsection. 18. The term "telephone line," when used in this act, includes conduits, ducts, poles; wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by any telephone corporation to facilitate the business of affording telephonic communication. (Laws 1913, p. 559.) 19. The term “telegraph corporation,” when used in this act, includes any corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling or managing any telegraph line or part of telegraph line used in the conduct of the business of affording for hire communication by telegraph. (Laws 1913, p. 559.) 20. The term “telegraph line," when used in this act, includes conduits, ducts, poles, wires, cables, cross-arms, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated, controlled or owned by any telegraph corporation to facilitate the business of affording communication by telegraph. (Laws 1913, p. 559.) 21. The term "water corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, controlling or managing any plant or property, dam or water supply, canal, or power station, distributing or selling for distribution, or selling or supplying for gain any water. (Laws 1913, p. 559.) An individual owning a water utility is within the subsection (1 Mo. P. S. C. 61). 22. The term "water system," when used in this act, includes all reservoirs, tunnels, shafts, dams, dikes, head-gates, pipes, flumes, canals, structures, and appliances, and all other real estate, fixtures and personal property, owned, operated, controlled or managed in connection with or to facilitate the diversion, development, storage, supply, distribution, sale, furnishing or carriage of water for municipal, domestic or other beneficial use. (Laws 1913, p. 560.) 23. The term "express corporation," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier within this state. (Laws 1913, p. 560.) 24. The term "transportation of persons," when used in this act, includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and his baggage. (Laws 1913, p. 560.) 25. The term "public utility," when used in this act, includes every common carrier, pipe line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation and heat or refrigerating corporation, as these terms are defined in this section, and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act. (Laws 1913, p. 560.) 26. The term "service," when used in this act, is used in its broadest and most inclusive sense and includes not only the use and accommodation afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or public utility and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or public utility in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or public utility, and to the use and accommodation of consumers or patrons. (Laws 1913, p. 560.) 27. The term "rate," when used in this act, shall mean and include every individual or joint rate, fare, toll, charge, reconsigning charge, switching charge, rental or other compensation of any corporation, person or public utility, or any two or more such individual or joint rates, fares, tolls, charges, reconsigning charges, switching charges, rentals or other compensations of any corporation, person or public utility or any schedule or tariff thereof. (Laws 1913, p. 560.) 28. The term "heating company," when used in this act, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating, managing or controlling any plant or property for manufacturing and distributing and selling, for distribution, or distributing hot or cold water, steam, or currents of hot or cold air for motive power, heating, cooking, or for any public use or service, in any city, town or village in this state. (Laws 1913, p. 560.) Sec. 3. Commission established.-A public service commission is hereby created and established, which said public service commission shall be vested with and possessed of the powers and duties in this act specified, and also all powers necessary or proper to enable it to carry out fully and effectually all the purposes of this act. (Laws 1913, p. 561.) For matters relating to: Jurisdiction, see Sec. 16. Sec. 4. Commissioners, appointment; qualifications; terms of office. The commission shall consist of five members who shall be appointed by the governor, with the advice and consent of the senate, and one of whom shall be designated by the governor to be and, upon being so designated, shall be chairman of said commission. Each commissioner, at the time of his appointment and qualification, shall be a resident of the state of Missouri, and shall have resided in said state for a period of at least five years next preceding his appointment and qualification, and he shall also be a qualified voter therein and not less than twenty-five years of age. One of said commissioners shall hold office for two years from the beginning of his term of office and until his successor shall qualify; two of said commissioners shall hold office for a term of four years from the beginning of their terms of office and until their successors shall qualify, and two of said commissioners shall hold office for a term of six years from the beginning of their terms of office and until their successors shall qualify. The term of office of each commissioner shall begin on the date of the taking effect of this act, and the appointment of each of said commissioners shall be made and announced by the governor immediately after the taking effect of this act. The governor at the time of making and announcing the appointment of said commissioners, as well as in the commission issued by him to each of them, shall designate which of said commissioners shall serve |