Commission a concurrence in such schedule by each of the other parties thereto.

Every public utility shall file with the Commission copies of all contracts, agreements or arrangements with other public utilities, in relation to any service, product or commodity affected by the provisions of this Act, to which it may be a party, and copies of all other contracts, agreements or arrangements with any other person or corporation affecting in the judgment of the Commission the cost to such public utility of any service, product or commodity.

NOTE. Cook v. Public Service Co. of N. Illinois, IV I. P. U. C. 321, P. U. R. 1917-E 53; Village of Palestine v. Oblong Gas Co., V I. P. U. C. 10.

State

This section authorizes the Commission to determine and fix rates and charges for all services performed by public utilities in Illinois subject to the Act. Public Utilities Comm. v. Monarch Refrig. Co., 267 Ill. 528.

§ 34. Subject to such rules and regulations as the Commission may prescribe, the schedules referred to in section 33 shall be plainly printed, mimeographed or typewritten in large type, and a copy thereof shall be posted or kept on file in every station or office of a public utility where the public transacts business with such public utility. Any or all of such schedules kept as aforesaid shall be immediately produced by such public utility for inspection upon the demand of any person. A notice printed in bold type, in size prescribed by the Commission, stating that such schedules are on file with the agent and open to inspection by any person, and that the agent will assist any person to determine from such schedules any rates or other charges, classification, rules or regulations in force, shall be kept posted by the public utility in two public and conspicuous places in every such station or office. The form of every such schedule shall be prescribed by the Commission and shall conform in the case of common carriers subject to the Act of Congress entitled, "An Act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and the Acts amendatory thereof and supplementary thereto, as nearly as may be, to the form of schedules and manner of posting prescribed by the Interstate Commerce Commission under said Act: Provided, that in lieu of filing its entire schedule in each station or office, any public utility may, subject to the regulations of the Commission, file or keep posted at such station or office, schedules of such rates or other charges, classifications, rules and regulations relating thereto, as are applicable at, to and from the place where such office is located.

The Commission may determine and prescribe the form in which the schedules required by this Act to be filed with the Commission and to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time if it shall be found expedient; Provided, however, that the Commission shall endeavor to have such form or forms prescribed by it conform so far as practicable to any similar form or forms prescribed by the Interstate Commerce Commission.

NOTE. See Conference Rule No. 23. III I. P. U. C. 11.

35. No Service to be Rendered Until Schedules Filed.

§ 35. No public utility shall undertake to perform any service or to furnish any product or commodity unless or until the rates and other charges and classifications, rules and regulations relating thereto, applicable to such service, product or commodity, have been filed and published in accordance with the provisions of this Act: Provided, that in cases of emergency, a service, product or commodity not specially covered by the schedules filed, may be performed or furnished at a reasonable rate, which rate shall forthwith be filed and shall be subject to review in accordance with the provisions of this Act.

NOTE.-Cook v. Public Service Co. of N. Illinois, IV I. P. U. C. 321, P. U. R. 1917-E 53; Conference Rule No. 23, III I. P. U. C. 11; Danvers Teleph. Co. v. Carlock Farmers' Teleph. Co., V I. P. U. C. 16.

36. Changes of Rates-Hearings.

$36. Unless the Commission otherwise orders, no change shall be made by any public utility in any rate or other charge or classification, or in any rule, regulation, practice or contract relating to or affecting any rate or other charge, classification or service, or in any privilege or facility, except after thirty days' notice to the Commission and to the public as herein provided. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules or supplements stating plainly the change or changes to be made in the schedule or schedules then in force, and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes without requiring the thirty days' notice herein provided for, by an order specifying the changes so to be made and the time when they shall take effect, and the manner in which they shall be filed and published. When any change is proposed in any rate or other charge, or classification, or in any rule, regulation, practice, or contract relating to or affecting any rate or other charge, classification or service, or in any privilege or facility, such proposed changes shall be plainly indicated on the new schedule filed with the Commission, by some character to be designated by the Commission, immediately preceding or following the item.

No public utility shall increase any rate or other charge, or so alter any classification, contract, practice, rule or regulation as to result in any increase in any rate or other charge, under any circumstances whatsoever, except upon a showing before the Commission and a finding by the Commission that such increase is justified.

Whenever there shall be filed with the Commission any schedule stating an individual or joint rate or other charge, classification, contract, practice rule or regulation, the Commission shall have power, and it is hereby given authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleadings by the interested public utility or utilities, but upon reasonable notice, to enter upon a hearing concerning the propriety of such rate or other charge, classification, contract, practice, rule or regulation, and pending the hearing and the decision thereon, such rate or other charge, classification, contract, practice, rule or regu

lation shall not go into effect: Provided, that the period of suspension of such rate or other charge, classification, contract practice, rule or regulation shall not extend more than one hundred and twenty days beyond the time when such rate or other charge, classification, contract, practice, rule or regulation would otherwise go into effect unless the Commission, in its discretion, extends the period of suspension for a further period not exceeding six months. On such hearing the Commission shall establish the rates or other charges, classifications contracts, practices, rules or regulations proposed, in whole or in part, or others in lieu thereof, which it shall find to be just and reasonable. All such rates or other charges, classifications, contracts, practices, rules or regulations not so suspended shall, on the expiration of thirty days from the time of filing the same with the Commission, or of such lesser time as the Commission may grant, go into effect and be established and effective rates or other charges, classifications, contracts, practices, rules and regulations, subject to the power of the Commission, after a hearing had on its own motion or upon complaint, as herein provided, to alter or modify the same. Within thirty days after such changes have been authorized by the Commission, copies of the new or revised schedules shall be posted or filed in accordance with the terms of section 34 of this Act, in such a manner that all changes shall be plainly indicated.

NOTE. The provision of section 36 that no change in rates shall go into effect pending a hearing by the Commission as to the reasonableness of the new rates does not apply to changes made when the first schedule is filed by a company. State Public Utilities Comm. ex rel. v. Chicago & West Towns Ry. Co., 275 Ill. 555. See Re Rockford Elec. Co., IV I. P. U. C. 371, P. U. R. 1817-F 196; Re Danvers Teleph. Co. v. Carlock Farmers Teleph. Co., V I. P. U. C. 16; Re Public Service Co. of N. Illinois, V I. P. U. C. 435, P. U. R. 1918-D 240; Stein v. Chicago Teleph. Co., V I. P. U. C. 908; Cook v. Public Service Co. of N. Illinois, IV I. P. U. C. 321, P. U. R. 1917-E 53.

Rate changes were ordered to eliminate discrimination in favor of stock holders in Re Calhoun Farmer's Co-operative Teleph. Co., II I. P. U. C. 508, P. U. R. 1915-C 93; Re_Citizens Mutual Teleph. Co., II I. P. U. C. 510, P. U. R. 1915-C 99; Re St. Peter Teleph. Co., II I. P. U. C. 496, P. U. R. 1915-B 350; Re Montrose Mutual Teleph. Co., II I.. P. U. C. 737, P. U. R. 1915-A 33; Re Tampico Farmer's Mutual Teleph. Co., II I. P. U. C. 740, P. U. R. 1915-A 24; Re Tri-County Teleph. Co., II I. P. U. C. 738, P. U. R. 1915-A 129; etc.

Rate changes were ordered to eliminate discrimination in favor of the owners of equipment in Re Strawn Teleph. Co., II I. P. U. C. 740, P. U. R. 1915-C 97; Re Farmer's Mutual Exch. of Wapella, II Í. P. U. C. 740, P. U. R. 1915-B 214; Re St. Peter Teleph. Co., II I. P. U. C. 496, P. U. R. 1915-B 350; Re Tamaroa Teleph. Co., III. P. U. C. 740, P. U. R. 1915-B 662; Re Tampico Farmer's Mutual Teleph. Co., II I. P. U. C. 740, P. U. R. 1915-A 24; Re Tri-County Teleph. Co., II I. P. U. C. 738, P. U. R. 1915-A 129; etc.

See also State Public Utilities Comm. ex rel. Farmers Ill. Grain Dealers Assn. et al. v. Atchison, Topeka & St. Fe. Ry. Co. et al. 278 Ill. 58; State Public Utiliities Comm. ex rel. Turnbull v. Chicago, Peoria & St. Louis R. Co., 282 Ill. 158. 37. Charging More or Less Than Published Rate.

§ 37. Except as in this article otherwise provided, no public utility shall charge, demand, collect or receive a greater or less or different compensation for any product, or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates or other charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, except as provided in section 35, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates or other charges so specified, nor extend to any corporation or person any form of contract or agreement or any rule or regulation or.

any facility or privilege except such as are regularly and uniformly extended to all corporations and persons.

NOTE.-See Re Tampico Farmer's Mutual Teleph. Co., II I. P. U. C. 740, P. U R. 1915-A 24; Re Citizen's Mutual Teleph. Co., II I. P. U. C. 510, P. U. R. 1915-C 99; etc

See also Hite v. Cincinnati, Indianapolis & W. R. Co. 284 Ill. 297. 38. Discrimination Forbidden.

§ 38. No public utility shall, as to rates or other charges, services facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation of person to any prejudice or disadvantage. No public utility shall es tablish or maintain any unreasonable difference as to rates or other charges, services, facilities, or in any other respect, either as between localities or as between classes of service.

Every public utility shall, upon reasonable notice, furnish to all persons who may apply therefor and be reasonably entitled thereto suitable facilities and service, without discrimination and without delay

NOTE.-Stein v. Chicago Teleph. Co., V I. P. U. C. 908; St. Clair County Gas & Elec. Co. v. City of Belleville, IV I P. U. C. 409, P. U. R. 1917-C 215.

See also State Public Utilities Comm. ex rel. E. St. Louis Stone Co. v. Termnia R. Ass'n. of St. Louis et al., 281 Ill. 181.

39. Discrimination-Rebates-Free Transportation-Exchange of Transpor tation for Advertising-Prior Transfer of Real Estate.

§ 39. No public utility, or any officer or agent thereof, or an person acting for or employed by it, shall directly or indirectly, by ar device or means whatsoever, suffer or permit any corporation or person to obtain any service, commodity, or product at less than the rate o other charge then established and in force as shown by the schedule: filed and in effect at the time. No person or corporation shall, direct or indirectly, by any device or means whatsoever, whether with or with out the consent or connivance of a public utility or any of its officers or employees, seek to obtain or obtain any service, commodity, or pre duct at less than the rate or other charge then established and in fore therefor: Provided, however, that nothing in this Act contained sha be construed to prevent any railroad or transportation company fro selling or granting transportation or transportation privileges to t owner or owners of any newspaper or magazine of general circulatio in payment of or in exchange for advertising space in such newspap or magazine, at the full value thereof. And, provided, further, the nothing in this Act contained shall be construed to prevent the issuanc of free or reduced transportation by any street railroad corporation mail carriers, policemen and members of fire departments: And, pr vided, further, that if prior to June 30, 1913, any real estate or oth tangible property shall have been sold or transferred to any pub utility or public service corporation, or, if before that date, any obligati of any public utility or public service corporation created in conside ation of the transfer to it of any real estate or other tangible proper shall have been released or cancelled, upon consideration in wh or in part of an agreement by such public utility or public service c poration expressed in writing to render any service, or furnish & commodity or product in the future to the party or parties making s

conveyance or transfer or owning such obligation, nothing in this Act contained shall be construed to in any wise affect such agreement or to prevent the performance or enforcement thereof according to its terms, or to authorize the Commission to interfere with such performance or enforcement. (As amended June 29, 1915 and 1919.)

NOTE.-St. Clair County Gas & Elec. Co. v. City of Belleville, V I. P. U. C. 409, P. U. R. 1917-C 215; Re Exchange of Advertising for Transportation II P. U. C.

241.

.40. Long and Short Haul-Common Carriers, Telephones, Telegraph, Etc. $ 40. No common carrier subject to the provisions of this Act shall charge or receive any greater compensation in the aggregate for the transportation of persons or of a like kind of property for a shorter than for a longer distance over the same line or route in the same direction within this State, the shorter being included within the longer distance, or charge any greater compensation as a through rate than the aggregate of the intermediate rates; but this shall not be construed as authorizing any such common carrier to charge or receive as great a compensation for a shorter as for a longer distance or haul. Upon application to the Commission, any common carrier may, in special cases, after investigation, be authorized by the Commission to charge less for a longer than for a shorter distance for the transportation of persons or property, and the Commission may from time to time prescribe the extent to which such carrier may be relieved from the operation and requirements of this section.

No telephone or telegraph company subject to the provisions of this Aet shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in same direction, within the State, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls; but this shall not be construed as authorizing any such telephone or telegraph company to charge and receive as great a compensation for a shorter as for a longer distance. Upon application to the Commission, a telephone or telegraph company may, in special cases, after investigation, be authorized by the Commission to charge less for a longer than for a shorter distance service for the transmission of messages or conversations, and the Commission may from time to time prescribe the extent to which such telephone or telegraph company may be relieved from the operation and requirements of this section.

No other public utility shall without the consent of the Commission, charge or receive any greater compensation in the aggregate for a lesser commodity, product, or service than for a greater commodity, product or service of like character.

NOTE.-Re Elgin Merchants' Light Co., III I. P. U. C. 509; Re Central Ill. Public Service Co., III I. P. U. C. 548; Re Central Ill. Public Service Co., III I. P. U. C. 553; Moline Sand Co v. Chicago B. & Q. R. Co., IV I. P. U. C. 100. 41. Commission to Fix Rates and Regulations.

§ 41. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that the rates or other charges,