10 The commission shall have a seal bearing the following inscrip11 tion: "The Public Service Commission of West Virginia." The 12 seal shall be affixed to all writs and authentications of copies of 13 records, and to such other instruments as the commission shall 14 direct. All courts shall take judicial notice of said seal.

Sec. 3. The jurisdiction of the commission shall extend to 2 and include:

3 (a) Common carriers, railroads, street railroads, express com4 panies, sleeping car companies, freight lines, car companies, toll 5 bridges, ferries, and steam and other boats engaged in the trans6 portation of freight or passengers; and

7 (b) Telegraph and telephone companies and pipe line com8 panies for the transportation of oil, gas or water; and

9 (c) Gas companies, electric lighting companies and munici10 palities furnishing gas or electricity for lighting, heating or power 11 purposes; and

12 (d) Hydro-electric companies for the generation and trans13 mission of light, heat or power, and water companies, and munici14 palities furnishing water; and

15 (e) All other public service corporations, and all persons, 16 associations, corporations and agencies employed or engaged in 17 any of the businesses hereinbefore enumerated.

18 The words "Public Service Corporation" used in this act shall 19 include all persons, associations of persons, firms, corporations, 20 municipalities and agencies engaged or employed in any business. 21 herein enumerated, or in any other public service business whether 22 above enumerated or not, whether incorporated or not.

Sec. 4. Every person, firm or corporation engaged in a pub2 lic service business in this state shall establish and maintain ade3 quate and suitable facilities, safety appliances or other suitable 4 devices, and shall perform such service in respect thereto as shall 5 be reasonable, safe and sufficient for the security and convenience 6 of the public, and the safety and comfort of its employes, and in all respects just and fair, and without any unjust discrimination 8 or preference. All charges, tolls, fares and rates shall be just and 8-a reasonable, and no change shall be made in any tariffs, 8-b rates, joint rates, fares, tolls, schedules or classifications 8-c in force at the time this act takes effect, except as 9 hereinafter provided. Every railroad company shall permit 10 switch connections for intra-state business to be made with its

11 tracks at suitable and safe points, by other carriers or shippers, 12 upon such terms and conditions as the commission may prescribe, 13 whenever the business to be offered by the connecting company 14 or shipper, in the judgment of the commission, justifies it. 15 Every railroad and other transportation company may be required 16 by the commission to establish and maintain such suitable public 17 service facilities and conveniences as may be reasonable and just; 18 to make reasonable connection with trains on branch lines of such 19 railroads and with all connecting railroad lines; to require any 20 passenger trains to stop at junctions or intersections with other 21 railroads; and may prescribe the number of men required to 22 constitute safe crews for the handling of trains on any steam 23 railroad in this state or any division of any such railroad. No 24 steam railroad shall discontinue any regular passenger train, or 25 other public service facility, or change any regular passenger 26 train schedule or time table, without first obtaining authority 27 from the commission so to do.

Sec. 5. The commission is hereby given power to investigate 2 all methods and practices of public service corporations or other 3 persons subject to the provisions of this act; to require them to 4 conform to the laws of this state and to all rules, regulations and 5 orders of the commission not contrary to law; and to require 6 copies of all reports, rates, classifications, schedules and time. 7 tables in effect and used by such corporation or other person, 8 to be filed with the commission, and all other information desired 9 by the commission, relating to such investigation and requirements. 10 The commission may compel obedience to its lawful orders by 11 proceedings of mandamus or injunction or other proper pro12 ceedings in the name of the state in any circuit court having 13 jurisdiction of the parties or of the subject matter, or the supreme 14 court of appeals direct, and such proceedings shall have priority 15 over all pending cases. The commission may change any intra16 state rate, charge or toll which is unjust or unreasonable and 17 may prescribe such rate, fare, charge or toll as would be just and 18 reasonable, and change or prohibit any practice, device or method 19 of service in order to prevent undue discrimination or favoritism 20 as between persons, localities or classes of freight; provided, that 21 the commission shall not reduce any rate, toll or charge within 22 ten years after the completion of the railroad or plant to be 23 used in the public service below a point which would prevent

24 such public service corporation, person, persons or firm from 25 making a net earning of eight per centum per annum on the cost 26 of construction and equipment of said railroad or plant. But in 27 no case shall the rate, toll or charge be more than the service is 28 reasonably worth, considering the cost thereof.

29

Every order entered by the commission shall continue in 30 force until the expiration of the time, if any, named by the 31 commission in such order, or until revoked or modified by the 32 commission, unless the same be suspended, modified or revoked 33 by order or decree of a court of competent jurisdiction.

Sec. 9. No person, firm or corporation subject to the provisions 2 of this act shall modify, change, cancel or annul any rate, joint 3 rate, fares, classifications, charge or rental except after thirty days' 4 notice to the commission and the public, which shall plainly state 5 the changes proposed to be made in the schedule then in force and 6 the time when the changed rates, fares or charges shall go into ef7 fect, unless a writen protest is made by the public service com-a mission, in which case the proposed rate shall stand suspended 7-b until it is determined by the commission whether or not such 7-c proposed rate is just or reasonable. Provided, in lieu of the -d written protest, the commission may enter an order prohibiting 7-e such person, firm or corporation from putting such proposed new -f rate into effect pending the hearing and final decision of the mat8 ter and the proposed changes shall be shown by printing new sched9 ules, or shall be plainly indicated upon the schedules in force at the 10 time, and kept open to public inspection; provided, however, that 11 the commission may, in its discretion, and for good cause shown, 12 allow changes upon less time than the notice herein specified, or 13 may modify the requirements of this section in respect to publish14 ing, posting and filing of tariffs, either by particular instructions 15 or by general order.

16

Whenever there shall be filed with the commission any schedule 17 stating a change in the rates, fares or charges, or joint rates, fares 18 or charges, or stating a new individual or joint rate, fare or charge 19 or joint classification or any new individual or joint regulation 20 or practice affecting any fare, rate or charge the commission shall 21 have, and it is hereby given authority, either upon complaint or 22 upon its own initiative without complaint, at once, and, if it so 23 orders, without answer or other form of pleading by the interested 24 parties, but upon reasonable notice to enter upon a hearing con

25 cerning the propriety of such rate, fare, charge, classification, 26 regulation or practice; and pending such hearing and the decision 27 thereon the commission, upon filing with such schedule and de28 livering to the carrier or carriers or public service corporation 29 affected thereby, a statement in writing of its reasons for such 30 suspension, may suspend the operation of such schedule and defer 31 the use of such rate, fare, charge, classification, regulation or 32 practice, but not for a longer period than one hundred and twenty 33 days beyond the time when such rate, fare, charge, classi34 fication, regulation or practice would otherwise go into effect; and 35 after full hearing, whether completed before or after the rate, 36 charge, fare, classification, regulation or practice goes into effect, 37 the commission may make such order in reference to such rate, 38 fare, charge, classification, regulation or practice as would be 39 proper in a proceeding initiated after the rate, fare, charge, 40 classification, regulation or practice had become effective; provided, 41 that if any such hearing cannot be conducted within the period 42 of suspension, as above stated, the commission may in its dis43 cretion extend the time of suspension for a further period, not 44 exceeding six months. At any hearing involving a rate sought 45 to be increased or involving the change of any fare, charge, 46 classification, regulation or practice, after the passage of this act, 47 the burden of proof to show that the increased rate or proposed 48 increased rate, or the proposed change of fare, charge, classifica49 tion, regulation or practice is just and reasonable shall be upon the 50 public service corporation making application for such change. 51 When in any case pending before the commission all evidence shall 52 have been taken, and the hearing completed, the commission shall, 53 within three months, render a decision in such case.

Sec. 10. The commission shall have general supervision of all 2 persons, firms or corporations having authority under any charter 3 or franchise of any city, town or municipality, county court, or 4 tribunal in lieu thereof, or otherwise, to lay down and maintain 5 wires, pipes, conduits, ducts or other fixtures in, over or under 6 streets, highways or public places for the purpose of furnishing and 7 distributing gas, or for furnishing and transmitting electricity for 8 light, heat or power, or maintaining underground conduits, or 9 ducts for electrical conductors, or for telegraph or telephone 10 purposes, and for the purpose of furnishing water, either for 11 domestic or power purposes and of oil and gas pipe lines.

12

The commission may ascertain the quantity, healthfulness and 13 quality of the water or quality and quantity of gas or electricity 14 supplied by such persons, firms or corporations, and examine the 15 methods employed, and shall have power to order such improve16 ments as will best promote the public interests and preserve the 17 public health.

18

The commission shall have power, through its members, in19 spectors, or employees to enter in, upon and to inspect the property, 20 buildings, plants, fixtures, power houses and offices of any such 21 persons, firms, corporations or municipalities, and shall have power 22 to examine the books and affairs to be investigated by it, and shall 23 have the power, either as a commission or by any of its members, 24 to subpoena witnesses and take testimony and administer oaths 25 to any witness in any proceeding or examination instituted 26 before it or conducted by it in reference to any matter within its 2 jurisdiction. The commission shall, when and as necessary, ap28 point inspectors of gas, electric and water meters, whose duty 29 shall be when required to inspect, examine, prove and ascertain 30 the accuracy of any gas, electric, or water meters used or in31 tended to be used for measuring or ascertaining the quantity of 32 gas, electricity or water furnished to, by or for the use of any 33 person, firm or corporation, and when found to be correct, or 34 made so, the inspector shall stamp or mark each of such meters 35 with some suitable device, which device shall be recorded in the 36 office of the commission. No person, firm or corporation shall 37 furnish or put in use any gas, electric or water meter which shall 38 not have been inspected, proved and stamped or marked by an 39 inspector of the commission. Provided, that in cases of emergency, 40 gas, electric or water meters may be installed and used before 41 being inspected, but notice thereof shall be immediately given to 42 the public service commission by the public service corporation 43 installing the same, and such meters shall be inspected, proved 44 and stamped or marked, as soon thereafter as practicable. Every 45 gas, electric and water company or corporation shall provide and 46 keep in and upon its premises suitable and proper apparatus, to 47 be approved and stamped or marked by the commission, for 48 testing and proving the accuracy of gas, electric and water meters 49 furnished for use by it and by which apparatus every meter may 50 and shall be tested on the written request of the consumer to