repugnant to the constitution and laws of this State, and to alter, amend, modify and repeal such ordinances. (Laws 1907, ch. 114, sec. 27; May 27.) * * * * * * * * SEC. 1519. Grant right for pipe lines, conduits-Right to mine coal, etc. SEC. 487. To grant to any person or corporation the use of the streets, alleys, or public grounds for the purpose of laying water, steam, or gas pipes, or other use, to be used in furnishing or supplying such city and its inhabitants with water, light, heat, power, or service, and grant permits or make contracts with persons or corporations to mine coal, oil or gas within the limits of said city, under such restrictions as shall protect public and private property and insure proper remuneration for such grants: Provided, That no franchise, right of way, or privilege of any character whatever shall be granted for a longer period than twenty years. (Laws 1907, ch. 114, sec. 60; May 27.) AN ACT relating to the transportation of oil by means of pipe lines. SEC. 5035. Pipe lines declared common carriers; conveyance of oil to be made under restrictions of this act. SEC. 67. All pipe lines laid, built or maintained for the conveyance of crude oil within the State of Kansas are hereby declared to be common carriers, and said conveyance of said oil shall be in the manner and under the restrictions in this act provided. (Laws 1905, ch. 315, sec. 1; February 28.) SEC. 5036. Receptacles to be provided for receiving oil for transportation and for storing same until delivery; duty to receive and transport oil; certificate to be issued showing quantity and specific gravity; application valid only for amount ready for delivery. SEC. 68. It shall be the duty of every person, firm, association or corporation operating under such pipe line to provide suitable and necessary receptacles for receiving such oil for transportation and for storage at the place of delivery until the same can be reasonably removed by the consignee, and shall be liable therefore from the time the same is delivered for transportation until a reasonable time after the same has been transported to the place of consignment and ready for delivery to the consignee. It shall be the duty of every such person, firm, association or corporation to receive and forward such oil as shall be offered for shipment in the order of application therefor, upon the applicant's complying with the rules herein provided for as to delivery and payment for such transportation. Such common carrier shall issue to the shipper a certificate showing the actual quantity and specific gravity thereof; but no application for such transportation shall be valid beyond or for a greater quantity than the applicant has ready for delivery at the time of making such application. (Laws 1905, ch. 315, sec. 2; February 28.) SEC. 5037. Charges for transportation of oil through pipe line. SEC. 69. It shall be unlawful for any such person, firm, association or corporation to charge for the transportation of such crude oil through its line in excess of the following rates for each barrel of forty-two gallons transported: Six miles and less, five cents; over six miles and not more than fifteen miles, six cents; over fifteen miles and not more than forty miles, seven cents; over forty miles and not more than eighty miles, eight cents; over eighty miles and not more than one hundred miles, ten cents; over one hundred miles and not more than one hundred and fifty miles, fifteen cents; over one hundred and fifty miles and not more than two hundred miles, twenty cents; over two hundred miles and not more than two hundred and fifty miles, twenty-three cents; over two hundred and fifty miles and not more than three hundred miles, twenty-five cents. (Laws 1905, ch. 315, sec. 3; February 28.) SEC. 5038. Control by board of railroad commissioners; rules and regulations; fixing of rates; procedure for testing such rates in the courts; rates fixed by such board supersede rates prescribed by preceding section. SEC. 70. The State board of railroad commissioners shall have the general supervision and control over all such persons, firms, associations or corporations in the performance of said business, and shall prescribe reasonable rules for the conduct thereof, which rules, when prescribed and delivered in writing to any such person, firm, association or corporation, shall be printed and posted up in a convenient, accessible and conspicuous place at each office, station or place of business where such oil is received or delivered. The State board of railroad commissioners is hereby authorized to prescribe reasonable maximum rates, not exceeding the rates set forth in section 3 hereof, which shall be charged for the transportation of such oil, which rate shall be binding on every such person, firm, association or corporation after its publication in the official State paper: Provided, The reasonableness of such rules may be tested by proceedings therefor in any court of competent jurisdiction in this State, and such court shall, upon hearing the same, make such order as shall be proper, and such order may be reviewed by the supreme court as other civil proceedings, regardless of sum or value involved: Provided, Before beginning such proceedings in court to test such matters, such person, firm, association or corporation shall execute a bond to the State of Kansas in such reasonable sum as the judge of the court in which such matter is brought shall order, conditioned that the person, firm, association or corporation making such application will promptly pay to any shipper the difference between the rate received for transporting oil and the rate finally ordered by such court. When such maximum rates shall be fixed by the State board of railroad commissioners, the rates prescribed in section 3 of this act shall cease to be of force, and the rates so fixed by the State board of railroad commissioners shall govern, as in this section provided. (Laws 1905, ch. 315, sec. 4; February 28.) SEC. 5039. Liability for failure or refusal to accept and transport oil up to capacity of pipe line or to obey rules established by board of railway commissioners; revocation of charter of corporation so failing or refusing. SEC. 71. Any such person, firm, association or corporation which shall fail or refuse to accept, transport and deliver oil when offered, up to the full capacity of such pipe line, at rates not to exceed those provided for by this act, or shall fail, neglect or refuse to obey any rule so established by the State board of railroad commissioners, shall be liable to the person injured by such failure or refusal in the sum of five hundred dollars liquidated damage, together with reasonable attorney's fees, to be fixed by the court, in case suit shall be brought therefor; such liquidated damages and attorney's fees to be recovered in any court of competent jurisdiction; and in case of any corporation so refusing or failing, the charter board is hereby authorized to revoke the charter or permit to do business in this State of such corporation. (Laws 1905, ch. 315, sec. 5; February 28.) PUBLIC UTILITIES. OIL, GAS, AND PIPE LINE COMPANIES-REGULATIONS. GENERAL STATUTES 1915, P. 1646. CHAPTER 97. PUBLIC UTILITIES COMMISSION. AN ACT relating to public utilities and common carriers, being an act creating the public utilities commission for the State of Kansas, prescribing its powers and duties and providing for the regulation and control of public utilities and common carriers, and providing penalties for the violation of the provisions of this act, and repealing original sections 7063, 7064, 7065, and 7066 of the General Statutes of Kansas of 1909. NOTE. The sections relating directly to the duties of oil and gas and pipe line companies only are given. SEC. 8327. Board of railroad commissioners constituted and created public utilities commission; power, authority, and jurisdiction to supervise and control public utilities and common carriers. SEC. 1. The board of railroad commissioners of the State of Kansas is hereby constituted and created a public utilities commission for the State of Kansas, and such commission is given full power, authority and jurisdiction to supervise and control the public utilities and all common carriers, as hereinafter defined, doing business in the State of Kansas, and is empowered to do all things necessary and convenient for the exercise of such power, authority and jurisdiction. (Laws 1911, ch. 238, sec. 1; May 22.) SEC. 8328. Laws relating to railroad commissioners adopted; powers, duties, authority and jurisdiction of railroad commissioners imposed and conferred upon public utilities commission. SEC. 2. All laws relating to the powers, duties, authority and jurisdiction of the board of railroad commissioners of this State are hereby adopted, and all powers, duties, authority and jurisdiction by said laws imposed and conferred upon the said board of railroad commissioners, relating to common carriers, are hereby imposed and conferred upon the commission created under the provisions of this act. (Laws 1911, ch. 238, sec. 2; May 22.) SEC. 8329. "Public utility," definition; * * * control of utilities operated wholly or principally within any city. SEC. 3. The term "public utility," as used in this act, shall be construed to mean every corporation, company, individual, association of persons, their trustees, lessees or receivers, that now or hereafter may own, control, operate or manage, except for private use, any equipment, plant, generating machinery, or any part thereof, for the conveyance of oil and gas through pipe lines in or through any part of the state, except pipe lines less than 15 miles in length and not operated in connection with or for the general commercial supply of gas or oil. (Laws 1911, ch. 238, sec. 3; May 22.) * * * * * * * SEC. 8330. "Common carriers," definition. 66 SEC. 4. The term common carriers," as used in this act, shall include all * pipe line companies, and all persons and associations of persons, whether incorporated or not, operating such agencies for public use in the conveyance of property within this State. (Laws 1911, ch. 238, sec. 4; May 22.) * * * * * SEC. 8336. Commission may adopt rules and regulations to govern proceedings; confer with officers of other States or of the United States. SEC. 9. The commission shall have power to adopt reasonable and proper rules and regulations to govern its proceedings, including the assessment and taxation of costs on any complaint provided for in section 33 hereof, and to regulate the mode and manner of all investigations, tests, audits, inspections, and hearings not specifically provided for herein. The commission may confer with officers of other States and officers of the United States on any matter pertaining to their official duties. (Laws 1911, ch. 238, sec. 9; May 22.) SEC. 8337. Service required of common carriers and public utilities governed by this act; rates, joint rates, fares, tolls, charges; discriminatory or preferential rates declared void; establishment of joint rates, etc. SEC. 10. Every common carrier and public utility governed by the provisions of this act shall be required to furnish reasonably efficient and sufficient service, joint service and facilities for the use of any and all products or services rendered, furnished, supplied or produced by such public utility or common carrier and to establish just and reasonable rates, joint rates, fares, tolls, charges and exactions and to make just and reasonable rules, classifications, and regulations; and every unjust or unreasonable discriminatory or unduly preferential rule or regulation, classification, rate, joint rate, fare, toll or charge demanded, exacted or received is prohibited and hereby declared to be unlawful and void, and the public utilities commission shall have the power, after notice and hearing of the interested parties, to require any common carriers and all public utilities governed by the provisions of this act to establish and maintain just and reasonable joint rates wherever the same are reasonably necessary to be put in, in order to maintain reasonably sufficient and efficient service from such public utilities and common carriers. (Laws 1911, ch. 238, sec. 10; May 22.) SEC. 8338. Public utilities and common carriers to publish and file schedules, with commission; furnish commission with rules, regulations, contracts; commission to prescribe rules and regulations for printing and filing of schedules, tariffs. . SEC. 11. Every public utility and every common carrier doing business in Kansas, over which the public utilities commission have control, shall publish and file with the public utilities commission copies of all schedules of rates, joint rates, tolls, fares, charges, classifications and divisions of rates affecting Kansas traffic, either State or interstate, and shall furnish said commission with copies of all rules, regulations and contracts between common carriers or public utilities pertaining to any and all services to be rendered by such public utility or common carrier. The public utilities commission shall have power to prescribe reasonable rules and regulations regarding the printing and filing of all schedules, tariffs, and classifications of all rates, joint rates, tolls, fares, charges and all rules and regulations of such public utilities and common carriers. (Laws 1911, ch. 238, sec. 11; May 22.) SEC. 8339. Common carrier or public utility not to charge a greater or less compensation than specified in schedules; exceptions where different rate may be charged. SEC. 12. No common carrier or public utility governed by the provisions of this act shall, knowingly or wilfully, charge, demand, collect or receive a greater or less compensation for the same class of service performed by it within the State, or for any service in connection therewith, than is specified in the printed schedules or classifications, including schedules of joint rates; or demand, collect or recive any rate, joint rate, toll, fare or charge not specified * * * in such schedule or classification: Provided, That rates different from those specified in the printed schedule or classification of rates may be charged by any public utility, by agreement with the customer, in cases of charity, emergency, festivity or public entertainment: Provided, That any utility governed by the provisions of this act may grant to the officers, employees and agents of such utilities free or reduced rates or service upon like terms and in the same manner as is now provided by law relating to common carriers. (Laws 1911, ch. 238, sec. 12; May 22.) SEC. 8340. Duty of commission to investigate rates, joint rates, rules and regulations; substitution of reasonable for unreasonable preferential charges; commission may establish reasonable concentration, commodity, transit or other special rates. SEC. 13. It shall be the duty of the commission, either upon complaint or upon its own initiative, to investigate all rates, joint rates, fares, tolls, charges and exactions, classifications or schedules of rates, or joint rates and rules and regulations, and if after full hearing and investigation the commission shall find that such rates, joint rates, fares, tolls, charges or exactions, classifications or schedules of rates or joint rates, or rules and regulations, are unjust, unreasonable, unjustly discriminatory or unduly preferential, the commission shall have power to fix and order substituted therefor such rate or rates, fares, tolls, charges, exactions, classifications or schedules of rates or joint rates and such rules and regulations as shall be just and reasonable. If upon any investigation it shall be found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, unreasonably inefficient, insufficient, unduly preferential, unjustly discriminatory, or otherwise in violation of any of the provisions of this act or of the orders of this commission, or if it be found that any service is inadequate or that any reasonable service can not be obtained, the commission shall have power to substitute therefor such other regulations, measurements, practices, service or acts, and to make such order respecting any such charges in such regulations, measurements, practices, service or acts as shall be just and reasonable. Whenever, in the judgment of the public utilities commission, public necessity and convenience require, the commission shall have power to establish just and reasonable concentration, commodity, transit or other special rates, charges or privileges, but all such rates, charges and privileges shall be open to all uses of a like kind of service under similar circumstances and conditions. (Laws 1911, ch. 238, sec. 13; May 22.) * * * SEC. 8345. Time when order, regulations, practices, fixed by commission shall be in effect; expiration of thirty days prima facie reasonable, unless changed by commission or court proceedings. SEC. 18. All orders, regulations, practices, services, rates, fares, charges, classifications, tolls, and joint rates fixed by the commission shall be in force and effect on and after thirty days from the making thereof and expiration of thirty days after service aforesaid, shall be prima facie reasonable unless, or until, changed or modified by the commission or in pursuance of proceedings instituted in court as provided in this act. (Laws 1911, ch. 238, sec. 18; May 22.) SEC. 8346. Findings, rates, joint rates, fares, regulations, practices, fixed and established by commission to be in full force and effect unless stayed. SEC. 19. All findings, rates, joint rates, fares, tolls, charges, rules, regulations, classifications, and schedules fixed and established by the public utilities commission shall be in full force and effect, and all regulations, practices, services, |