51 whom the same shall be furnished, and in his presence if he so 52 desires.

53 If any person, firm or corporation to or by whom a meter has 54 been furnished shall request the commission in writing to inspect 55 such meter, the commission shall have the same inspected and 56 tested. If the same on being tested shall be found to be two per 57 cent. from being correct, or to the prejudice of the user, the 58 inspector shall order the owner of such meter forthwith to remove 59 the same and to place instead thereof a correct meter, and the 60 expense of such inspecting and testing shall be borne by the 61 owner. If the meter, on being so tested, shall be found to be 62 correct, or within two per cent of being correct, as above provided, 63 the expense of such inspection and testing shall be borne by the 64 user. A uniform charge and rule shall be fixed by the commission 65 for this service.

66 Provided, that nothing in this act shall prevent the commission 67 from changing and modifying the method of inspecting meters 68 and adopting such rules and regulations therefor as to the com69 mission may seem just and proper.

Sec. 14. The commission shall collect annually full and com2 plete information of the value of all property owned and con3 trolled by any person or public service corporation subject to the 4 provisions of this act, and tabulate in statistical form and 5 furnish the same to the board of public works on or before the 6 first day of June in each year, which information shall be used by 7 the said board of public works in fixing the value of the property 8 of such person or public service corporation for assessment for 9 the purpose of taxation as provided by law.

Sec. 15. There shall be paid by all public service corporations 2 subject to the provisions of this act a special license fee in addi3 tion to those now required by law. Such fee shall be fixed by the 4 auditor upon each of such public service corporations, according 5 to the value of its property, as ascertained by the last preceding 6 assessment, and shall be apportioned among such public service 7 corporations upon the basis of such valuation, so as to produce 8 a revenue of sixty thousand dollars per annum, or so much thereof 9 as may be necessary, which shall be paid on or before the 20th day 10 of January in each year. Such sum of sixty thousand dollars, or 11 so much thereof as may be necessary, is hereby appropriated and 12 set aside for the purpose of paying the salaries, compensations,

13 cost and expenses of the commission, its members and employees. Sec. 22. The commission shall have the power to enforce, orig2 inate, establish, modify, change, adjust and promulgate tariffs, 3 rates, joint rates, tolls and schedules for all public service cor4 porations, including municipalities supplying gas, electricity or 5 water; and whenever the commission shall, after hearing, find any 6 existing rates, tolls, tariffs, joint rates or schedules unjust, unrea7 sonable, insufficient or unjustly discriminatory or otherwise in vio8 lation of any of the provisions of this act, the commission shall by 9 an order fix reasonable rates, joint rates, tariffs, tolls, charges or 10 schedules to be followed in the future in lieu of those found to be 11 unjust, unreasonable, insufficient or unjustly discriminatory or 12 otherwise in violation of any provisions of law, and the said com13 mission, in fixing the rate of any railroad company may fix a fair, 14 reasonable and just rate to be charged on any branch line thereof, 15 independent of the rate charged on the main line of said railroad. Sec. 23. Whenever, under the provisions of this act, the com2 mission shall find any regulations, measurements, practices, acts 3 or service to be unjust, unreasonable, insufficient or unjustly dis4 criminatory, or otherwise in violation of any provisions of this 5 act, or shall find that any service is inadequate, or that any service 6 which can be reasonably demanded cannot be obtained, the com7 mission shall determine and declare, and by order fix, reasonable 8 measurements, regulations, acts, practices or service, to be fur9 nished, imposed, observed and followed in the state in lieu of 10 those found to be unjust, unreasonable, insufficient or unjustly dis11 criminatory, inadequate or otherwise in violation of this act; and 12 shall make such other order respecting the same as shall be just 13 and reasonable.

14 If any public service corporation, or other person, shall fail or 15 refuse to comply with the order of the commission under the 16 provisions of the last two sections, such public service corpora17 tion or other person in addition to the other penalties provided 18 for in this act, shall be subject to a fine not to exceed five thousand 19 dollars.

Sec. 24. Whenever, after hearing, upon notice, the public 2 service commission shall determine that public convenience or 3 necessity requires that conduits, subways, poles or other equipment 4 on, over or under any street or highway belonging to or used by

5 any public service corporation, should be used in part by another 6 public service corporation for the operation of its property in any 7 locality not reached by the lines or connections of one of said 8 corporations, or a municipality, the said public service commis9 sion may, by order, fix the just and reasonable terms and condi10 tions of such use, and prescribe the compensation to be paid 11 therefor.

12

And, whenever, after hearing, upon notice, the public service 13 commission shall determine that public convenience and necessity 14 require a physical connection for the establishment of a continuous 15 line of communication between any two or more public service cor16 porations regularly engaged in the conveyance of telephone or tele17 graph messages, for the conveyance of such messages between 18 different localities, which are not reached by the lines or connection 19 of one of said companies, the said public service commission may, 20 by order, ascertain, determine and fix the just and reasonable terms 21 and conditions of such physical connection, including just and 22 reasonable rules and regulations and the just and rea23 sonable charge that shall be made to the public for the use of 24 such continuous line between such localities and the division of 25 the charge between such two or more public service corpora26 tions, and the apportionment of the cost of making such physical 27 connection between such public service corporations, and it shall 28 be the duty of such public service corporation thereafter to con29 form to such order of said public service commission. But no order 30 shall be made by the public service commission under this section 31 to apply where the said use or physical connection will prevent 32 those owning, operating, managing or controlling any part of such 33 conduits, subways, poles or other equipment, or such proposed 34 continuous lines of communication, from performing their public 35 duties, nor result in serious injury to those owning, operating, 36 managing or controlling any part of such conduits, subways, poles 37 or other equipment, or of the proposed continuous line of com38 munication.

Sec. 25. Such use so ordered shall be permitted and such 2 physical connection or connections so ordered shall be made; and 3 the terms, conditions and compensation so prescribed for such use 4 and such physical connections shall be the lawful conditions and 5 compensation for such use and physical connection, and the lawful 6 terms and conditions upon which such use and physical connections

7 shall be had and made. Any such order may be from time to 8 time revised by the commission upon application of any interested 9 party or upon its own motion.

Sec. 26. The commission may establish a system of accounts 2 to be kept by public service corporations or classify said public 3 service corporations and establish a system of accounts for each 4 class, and prescribe the manner in which such accounts shall be 5 kept. It may also in its discretion prescribe the forms of ac6 counts, records and memorandum to be kept by such public ser7 vice corporations, including the accounts, records and memoran8 dum of the movement of traffic as well as the receipt and expendi9 ture of moneys, and any other forms, records and memorandum 10 which in the judgment of the commission may be necessary to 11 carry out any of the provisions of this act.

12 The system of accounts established by the commission and the 13 form of accounts, records and memorandum prescribed by it shall 14 not be inconsistent in the case of corporations subject to the pro15 visions of the act of congress entitled "An act to regulate com16 merce," approved February 4th, 1887, and the acts amendatory 17 thereof and supplemental thereto, with the systems and forms. 18 from time to time established for such corporations by the Inter19 state Commerce Commission, but nothing herein contained shall 20 affect the power of the commission to prescribe forms of ac21 counts, records and memorandum covering information in addition 22 to that required by the Interstate Commerce Commission. The 23 commission may, after hearing had upon its own motion or upon 24-34 complaint, prescribe by order the accounts in which particular 35 outlays and receipts shall be entered, charged or credited.

36

Any person, officer, agent or employee of such public service 37 corporation who shall wilfully make any false entries in the ac38 counts, books of account, records or memorandum kept by any 39 public service corporation, or who shall wilfully destroy, mutilate, 40 alter or by any other means or device falsify the record of any 41 such account, book of accounts, record or memorandum, or who 42 shall wilfully neglect or fail to make full, true and correct entries 43 of or in such account, book of accounts, record or memorandum 44 of all the facts and transactions appertaining to such public ser45 vice corporation, or who shall falsely make any statement required 46 to be made to the commission, shall be deemed guilty of a mis

47 demeanor and, upon conviction thereof, shall be fined not more 48 than one thousand dollars or be confined in jail not more than 49 one year or both, in the discretion of the court.

Sec. 27. Any person or public service corporation, firm or asso2 ciation who shall violate any of the orders or findings of the com3 mission shall be guilty of contempt and the commission shall have 4 the same power to punish therefor as is now conferred on the circuit 5 court, with the right of appeal in all cases to the supreme court. Sec. 28. If any person, firm or corporation subject to the pro2 visions of this act shall fail or refuse to comply with any re3 quirement of the commission hereunder, for which a penalty has 4 not been herein before prescribed, such person, firm or corporation 5 shall be subject to a fine of not less than one hundred dollars nor 6 more than five hundred dollars for each offense; and such person 7 or firm and the officers of such corporation may be indicted for 8 their failure to comply with any requirement of the commission 9 under the provisions of this act, and upon conviction thereof, may 10 be fined not to exceed five hundred dollars, and, in the discretion 11 of the court, confined in jail not to exceed thirty days.

12

Every day during which any person, firm or corporation, or 13 any officer, agent or employee thereof shall fail to observe and 14 comply with any order or direction of the commission, or to per15 form any duty enjoined by this act, shall constitute a separate and 16 distinct violation of such order or direction of this act, as the case 17 may be.

18

The intermediate and circuit courts of Kanawha county shall 19 have concurrent jurisdiction of all offenses and violations of any of 20 the provisions of this act.

21 All acts and parts of acts in conflict with this act are hereby 22 repealed.

CHAPTER 9.

(House Bill No. 374.)

AN ACT to provide for the administration of a workmen's compensation fund by the West Virginia compensation commissioner, creating the office of compensation commissioner, and to define the powers, duties and liabilities of said commissioner, and to provide