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venient location in the public hallway, outside of sleeping rooms, at or near the head of stairs, and shall always be in condition for use.

Sec. 15. All hotels in this state shall be provided with a public wash room convenient and of easy access to guests, and in each bed room and public wash room there shall be furnished for each registered guest clean, individual towels, of cotton or linen, so that no two or more registered guests will be required to use the same towel, unless it has been first washed. Such individual towel shall not be less than twelve inches wide and eighteen inches long after being washed; provided, however, roller towels may be placed in main wash rooms for the use of persons other than registered guests of the hotel.

Sec. 16. In every hotel or restaurant a list of its charges for rooms and meals shall be posted in a conspicuous place in its office or main room. Provided, however, that the hotels operated on the European, or a la carte plan, shall not be required to quote their charges for meals so served.

Sec. 17. No person, firm or corporation engaged in conducting a hotel or a restaurant, shall knowingly have in their employ any person who has an infectious, contagious or communicable disease.

Sec. 18. Every person keeping or conducting a hotel shall see that every room or bed which has been occupied by any person known to have an infectious, contagious or communicable disease at the time of such occupancy, is thoroughly disinfected by methods to be prescribed by the state board of health before said room shall be occupied by any other person. Any person violating the provisions of this section shall be subject to a fine not exceeding three hundred dollars, and to confinement in jail not exceeding six months, or both, at the discretion of the court.

Sec. 19. Every hotel shall after July first, one thousand nine hundred and fourteen, provide each bed, bunk, cot or other sleeping place for the use of guests with pillow slips and under and top sheets, the under sheet to be of sufficient size to completely cover the mattress and springs and the top sheet to be of like width and at least ninety-nine inches long and not to be less than ninety inches in length after having been laundried. Such sheets and pillow slips shall be made of white cotton or linen, and all such sheets and pillow slips after being used by one guest must be washed and ironed before being used by another guest, a clean set being furnished each succeeding guest. All bedding, including mattresses, quilts, blankets, pillows, and all carpets and floor

covering used in any hotel in this state, must be thoroughly aired, disinfected and kept clean.

Sec. 20. In every hotel, any room infected with vermin or bed bugs shall be fumigated, disinfected and renovated until said vermin or bed bugs are extirpated.

Sec. 21. All notices to be given by the hotel inspector shall be in writing and shall be delivered either in person or sent by registered mail.

Sec. 22. Any person, firm or corporation who shall operate a hotel or a restaurant in this state, or who shall let a building to be used for such purposes, without first having complied with the provisions of this act, shall be guilty of a misdemeanor and shall be fined the sum of five dollars for each day such failure to comply shall continue.

Sec 23. The prosecuting attorney of each county in this state is hereby authorized and required, upon complaint on oath of the hotel inspector, or other person or persons, to prosecute to termination before any court of competent jurisdiction, in the name of the state, a proper action or proceeding against any person, or persons, violating the provisions of this act.

Sec. 24. The provisions of this act shall not apply to any hotel or boarding house wherein there are fewer than ten bed chambers, nor to any hotel or boarding house known as a "summer hotel" which is not open for guests from November fifteenth to May fifteenth, nor to any hotel where the transient rate is one dollar and fifty cents per day or less.

Sec. 25. To carry into effect the provisions of this act, the following appropriations of money out of the state treasury are hereby made, namely: for the fiscal year beginning July first, one thousand nine hundred and thirteen, for contingent expenses and traveling expenses, six hundred and twenty-five dollars; and for the fiscal year beginning July first, one thousand nine hundred and fourteen, for the same purposes, one thousand five hundred dollars. For salary of inspector for the year one thousand nine hundred and thirteen, seven hundred and fifty dollars; for salary of inspector for the year one thousand nine hundred and fourteen, one thousand five hundred dollars.

(Senate Bill No. 31.)

CHAPTER 9.

AN ACT to create a public service commission and to prescribe its powers and duties, and to prescribe penalties for the violation of the provisions of this act.

(Passed February 21, 1913. In effect ninety days from passage. Approved by the Governor February 22, 1913.)

SEC.

1. Commission created; to be ap. pointed by the Governor: term; vacancy, how filled; may be removed; record to be kept by; qualification; organization legal services; members prohibited from; may employ secretary and other employes; compensation and how paid; general office at capitol; office hours; hearings.

SEC.

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May prescribe rules of procedure.
Jurisdiction; shall include.

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gate and to change rates; or-
der in force.

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Common carriers shall afford fa

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Public service corporation shall file schedules open to public inspection.

Hearings by commission; aid of circuit court may be invoked; shall not excuse witness from testifying.

Commission shall collect information of value.

A special license fee required of all public service corporations; appropriation to pay salaries, etc. Appeals may be taken to supreme court; proceedings; hearing shall have precedence.

Penalty for, the violation of the provisions of this act.

Complaint for damages may be made to commission.

Secretary shall keep record; seal shall be adopted; schedule of fees to be charged; fees, where paid.

Free transportation to whom; reduced rates may be granted; free service in exchange. Commission may require information, etc.

22. Conflicting acts repealed.

Be it enacted by the Legislature of West Virginia:

Sec. 1. A commission is hereby created by the name of public service commission, which shall be composed of four members, who shall be appointed by the governor, by and with the advice and consent of the senate. The first commissioners shall be appointed in the month of May, one thousand nine hundred and thirteen, and shall continue in office for the term of two, four, six and eight years, respectively, from the first day of May, one thousand nine hundred and thirteen, the term of each to be designated by the governor; but their successors shall be appointed for the term of eight years each, except that any person appointed to fill a vacancy shall serve only for the unexpired term of the commissioner whom he succeeds. Any commissioner may be removed by the governor for incompetency, neglect of duty, gross immorality or malfeasance in office, after giving

him notice and a copy of the charges and the right to be heard in an investigation of the truth thereof. A record of the proceedings, including the evidence, shall be kept. Not more than two shall belong to the same political party. One member shall be a lawyer of not less than ten years actual experience at the bar. The commission shall organize by electing one of its members chairman. The concurring judgment of three of the commissioners shall be deemed the action of the commission. The attorney general shall perform all legal services required by the commission under the provisions of this

act.

No person while in the employ of or holding any official relation to any public service corporation, subject to the provisions of this act, or holding any stock or bonds thereof, or who is pecuniarily interested therein, shall enter upon the duties of or hold said office. Nor shall any of said commissioners be a candidate for or hold any public office, or be a member of any political committee while acting as such commissioner; nor shall any commissioner or employe of said commission receive any pass, free transportation or other thing of value, either directly or indirectly, from any person, firm or corporation subject to the provisions of this act; and in case any of said commissioners shall become a candidate for any other public office, or shall become a member of any political committee, his office as commissioner shall be ipso facto vacated.

The commission is hereby empowered and directed to employ a secretary, who shall hold that position at the pleasure of the commission, and such other employes as may be necessary to carry out the purpose of this act. The secretary and all other employes shall perform such duties as may be prescribed by the commission, not inconsistent with law. The compensation of the secretary and all other employes shall be fixed by the commission at such sum as their services are reasonably worth. The actual expenses necessarily incurred by the commissioners and employes while absent from the general office of the commission and engaged about the business of the commission, shall be paid as other claims against the state are paid, out of any appropriation for such purpose, upon an itemized statement thereof rendered monthly by the secretary, under his oath, and approved by the commission.

Each of the commissioners shall receive a salary of six thousand dollars per annum, to be paid monthly. The general office shall be kept at the capitol of the state, and kept open each working day

between the hours of nine o'clock, A. M., and five o'clock, P. M., and in charge of the secretary or some other competent person. But hearings and the taking of evidence may be had at such times and places and in each particular case as the commission may designate.

Sec. 2. The commission shall prescribe the rules of procedure and for taking evidence in all matters that may come before it, and enter such final orders as may be just and lawful.

In the investigations, preparations and hearings of cases, the commission may not be bound by the strict technical rules of pleading and evidence, but in that behalf it may exercise such discretion as will facilitate their efforts to understand and learn all the facts bearing upon the right and justice of the matters before them.

Sec. 3. The jurisdiction of the commission shall extend to and include:

(a) Common carriers, railroads, street railroads, express companies, sleeping car companies, freight lines, car companies, toll bridges and ferries; and

(b) Telegraph and telephone companies and pipe line companies for the transportation of oil, gas or water; and

(c) Gas companies, electric lighting companies and municipalities furnishing gas or electricity for lighting, heating or power purposes; and

(d) Hydro-electric companies for the generation and transmission of light, heat or power, and water companies; and

(e) All persons, associations, corporations and agencies employed or engaged in any of the businesses hereinbefore enumerated.

The words "public service corporation" used in this act shall include all persons, association of persons, firms, corporations, municipalities and agencies engaged or employed in any business herein. enumerated, or in any other public service business whether above enumerated or not, whether incorporated or not. The commission shall also perform such duties as may be imposed upon it by law in connection with any workmen's compensation law or fund which may be passed or established.

Sec. 4. Every person, firm or corporation engaged in a public service business in this state shall establish and maintain adequate and suitable facilities and shall perform such service in respect thereto as shall be reasonable, safe and sufficient, and in all respects just and fair. All charges, tolls, fares and rates shall be just and reasonable. Every railroad company shall permit switch connections for

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