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THE PUBLIC SERVICE COMMISSION LAW OF WEST

VIRGINIA.

EXPLANATORY NOTE.

The annotations are intended to set forth a concise statement or a digest of the important points ruled upon or decided by the Public Service Commission in formal cases coming before it for adjudication, and in which written opinions were rendered; likewise of cases originating before the Commission, and, upon appeal from its orders, decided by the Supreme Court of Appeals of West Virginia, the Federal Court, and the United States Supreme Court, together with the cases cited by the Commission and Courts in substantiation of findings made by them, or in support of points of law upon which such findings are based.

The annotations embrace all opinions of the Commission from the time of its creation and organization up to and including Bulletin No. 44, published July 17, 1918, and the decisions of the Courts to date.

Charleston, W. Va., October 1, 1918.

Synopsis of the Law by Sections

5, 6
The Law

7-42

Annotations to Law

7-42

Explanatory note-Amendments Sec. 1, note 1

7

Scope of the Law, Sec. 1, note 2

7, 8

Common Carriers, Sec. 3, note 14

9

Railroads as common carriers

9

Jitneys as common carriers

9

Public Utilities, Sec. 3, notes 5 and 6

10

Gas Companies as public utilities

10

Electric plant as public utilities

10

Service, Sec. 4, notes 7 and 10, Sec. 7, note 15.... 10-12, 15-17, 25, 26

Jurisdiction of Com. over facilities for

10

Extension of service

10

Lines and connections

10, 11

Facilities for service

11

Safety of construction

11

Water service

11, 12

Fire protection

11, 12

Purity of water.

12

Sprinkling purposes

12

Rules and Character of service

12

Non-Compensatory service

16

Extension and abandonment of service

15

Additional service

16

Abandonment of service

16, 17

Passenger service

12

Station facilities

17

Discrimination in service

17

Rates, Sec. 4, note 8

12-14

Reasonableness of elements to be considered

12-14

Reasonableness of particular schedules

14

Jurisdiction of Commission, Sec. 4, notes 7-10, Sec. 5, note 12,

.10, 14, 15, 19-21

Over facilities for service

10

Over switch connections

14

Over facilities and equipment

15

Over extension and abandonment

15

Over rates

19-21

Constitutional Limitations

19-21

Delegation of power

19

Due process of Law

19, 20

Impairment of contracts

20, 21

Burden on Interstate Commerce

21

Original jurisdiction of Commission

21, 22

Power of Commission, Sec. 5, note 11, Sec. 9, note 17

18, 27

Constitutional limitations

18

Limited by Court decisions

18
To enforce lawful orders

18

Return, Sec. 5, note 13 ....

22-24

Factors to be considered

22

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Annotations to Law-Continued.

Expenses chargeable to operation or capital
Cost of commodity
Salaries, office and legal expenses
Interest as operating expenses
Payment to parent or holding company
Hazards of business
Loss of commodity
Common ownership
Return on fair value

Specific amounts
Discrimination, Secs. 6 and 7, notes 14 and 15
In rates

As between localities
As between classes of consumers

As affected by competition
In service

As between localities ...

As between patrons of carriers
Payment to industrial or tap lies, Sec. 9, note 16
Tariffs-when effective, Sec. 9, note 18
Evidence, Sec. 9, note 19

Burden of proof ..
Best and secondary evidence

Absence of evidence
Franchise, Sec. 10, note 20
Appeal and Review, Sec. 16, note 21
Reports required of utilities, Sec. 21, note 22
Rate making, Sec. 22, note 23
Apportionment

As effected by court decisions
Between intrastate and interstate service
Between freight and passenger service
Unprofitable lines
Joint enterprise

Different branches of same service
Depreciation-consideration of
Valuation

Methods of ascertaining value
Non-physical elements affecting value
Additions and betterments
Incomplete construction
Property not used or useful
Property paid for out of earnings
Lands and leaseholds
Excess holdings
Natural gas wells
Value of commodity
Working capital
Going value

Pages.

22

22 22, 23

23 23 23 23 24 24

24 24, 26 24, 25 24, 25

25

25 25, 26

26 26 26

27 28, 29

28 28 29

29 31, 33

34 34-42 34-36

35

35

35 35, 36

36 36, 37 37-42

37 38

39

39 39, 40

40 40 41 41 41 41 42 42

SYNOPSIS BY SECTIONS.

SEC. 1. Public service commission created; to

consist of three members, appointed by the governor, and confirmed by the

senate; when appointed and length of term of each member; qualifications; vacancies, how filled; oath of office; governor may remove members for cause; if removed statement of charges to be filed; chairman designated by governor; concurrent judgment of two to be action of commission; members prohibited from holding relations to any public service corporations or holding stocks or bonds thereof; not to hold other public office or be a member of political committee, nor to receive any pass or other thing of value; office vacated under certain conditions; to appoint secretary; salary and duties; other employees appointed to hold at pleasure of commission; secretary may

administer oaths; salary of commissioners and how paid; general offices at capitol and office hours; hearings may be had at other places; duty of attorney general; commission may employ counsel in its

discretion; terms of public service commissioners now in office to expire May 31, 1915.

SEC. 7. Undue or unreasonable preferences or

advantages prohibited. 8. Common carriers shall afford all reason

able, etc. facilities for interchange of traffic between their lines, and for receiving, forwarding and delivering passengers and property to and from their lines and connecting lines; and shall not discriminate in rates, charges, methods or manner of service between connecting lines, but not required to give use of tracks or terminals to

another like carrier. Trunk lines in distribution of cars and

of other facilities shall treat industries and shippers on tributary lines as if located on their tracks, and shall not discriminate between such industries and those on their own tracks. Trunk lines shall pay to lateral lines reasonable arbitrary for originating and assembling freight; but no allowance to shipper

or owner for “plant facilities." 9. Rates, joint rate, fares, classifications,

charges or rental not to be changed except after thirty days' notice to commission and the public; how made; other method in lieu of written notice; changes permitted under certain conditions; hearing on changes in sched

ules; proceedings. 10. Commission to have general supervision

of persons, firms or corporations having franchises from cities, towns, county courts or other tribunals for certain purposes; authority to inspect quality of water, quantity of gas or electricity, and property, plants, fixtures, power houses and offices, and to subpoena witnesses; to appoint inspectors of gas, electric and water meters and stamp same; use of meters not inspected prohibited; except under certain conditions; provision to inspection of meter on request; action in case of inspection; commission may change or modify method of inspection.

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4. Public service corporations required to

provide safety appliances; charges,
tolls, fares and rates to be reasonable,
and no change made except as herein-
after provided; provision as to switch
connections for intra-state business;
requirement of railroads as to public
service facilities; connection of trains
and stop of passenger trains at junctions
or intersections; to prescribe number
of men to constitute safe crews;
regular passenger train to be discon-
tinued without authority of
mission.

11. Complaints-how made to the

commission; action of commission thereon. 12. Public service corporations shall file

with commission and keep open to public inspection schedules of all rates, fares, charges and tolls.

no

com

5. Power of commission to investigate

methods and practices of public service corporations or other persons subject to provisions of this act; other powers to compel obedience of lawful orders; may change intra-state rate, charge or toll and prescribe other rate, fare, charge or toll, and change or prohibit practice, device or method to prevent discrimination, etc.; limitations; order to be in force until revoked or modified,

or suspended or modified by court. 6. Rebating, etc., prohibited.

13. Hearings and proceedings before com

mission; oral and documentary evidence may be required; procedure in case of disobedience to process of the commission; how such disobedience punished. Claim of witnesses that evidence required of him will tend to

criminate him, will not excuse. 14. Commission shall collect information

annually of value of all property owned or controlled by any person or public service corporation, tabulate same on or before June first for use of board of public works for assessment for taxation.

SEC. 15. Special license fee required of all public

service corporations; fee to be fixed by auditor according to property value on last preceding assessment, to produce $60,000; when to be paid; amount appropriated for use of public service commission and employes. Salaries

of members of commission, how paid. 16. Appeals may be taken to supreme court;

proceedure; hearing shall have prece

dence. 17. Penalty for violation of the provisions

of this act.

SEC.

the public; how compensation shall be fixed and paid. Commission may require physical connection of telegraph and telephone companies for conveyance of messages between different localities; powers of commission in such cases;

but no order of commission shall operate to prevent such public service corporations from performing their public duties, nor that

would result in serious injury thereto. 25. Such use and connections ordered by

commission shall be permitted and made upon the terms, conditions and for the compensation named by the commission.

26, Commission may prescribe system of

accounts, etc., and prescribe the forms therefor, but such system and forms shall not be inconsistent with those prescribed by interstate commerce commission for corporations subject to the "act to regulate commerce, approved Feb. 4th, 1887; but nothing herein shall affect power of commission to prescribe forms, etc., other than those required by interstate commerce commission.

18. Claims for damages by violation of this

act by any public service commission;

procedure thereon. 19. Secretary shall keep record; seal shall

be adopted; schedule of fees to be

charged; fees, where paid. 20. To whom common carriers may give free

transportation and reduced rates, telephone, telegraph, sleeping car and express companies may make contracts with one another and with common carriers respecting exchange of service

and privileges of passes or franks. 21. The commission may require public

service corporations to furnish certain information, and their books, etc., for inspection. Form of reports required

by law. Annual reports of commission. 22. Power of commission to enforce, establish,

modify, change, adjust and promulgate tariffs, rates, joint rates, tolls and schedules for all public service corpora

tions, including municipalities. 23. Power of commission to fix other rates

in lieu of regulations, measurements, practices, acts or service found to be unjust, unreasonable, insufficient unjustly discriminatory; penalty for failure of public service corporations

to comply with order. 24. Provision as to use of conduits, subways,

poles, etc., of one public service corporation by another for convenience of

Making false entries in accounts, books

of account, records or memorandum of a public service corporation, or wilful destruction, mutilation or falsification thereof, or failure or neglect to make true entries therein of facts and transactions of such corporation, or the falsification of any statement required to be made to the commission,

a misdemeanor; penalty. 27. Violation of order or finding of com

missions, contempt; power of com

mission in such cases. 28. General penalty for failure to comply

with requirements of commission; further criminal proceedings authorized, and penalty on conviction; what constitutes a separate offense; intermediate and concurrent jurisdiction of all offenses and violations of this act.

ог

Conflicting acts repealed.

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