Imágenes de páginas
PDF
EPUB

or classifications, or any of them, demanded, observed, charged or collected by any public utility for any service or product or commodity, or in connection therewith, including the rates or fares for excursion or commutation tickets, or that the rules, regulations, contracts, or practices, or any of them, affecting such rates or other charges, or classifications, or any of them, are unjust, unreasonable, discriminatory or preferential, or in any wise in violation of any provision of law, or that such rates or other charges or classifications are insufficient, the Commission shall determine the just, reasonable or sufficient rates or other charges, classifications, rules, regulations, contracts or practices to be thereafter observed and in force, and shall fix the same by order as hereinafter provided.

The Commission shall have power, upon a hearing, had upon its own motion or upon complaint, to investigate a single rate or other charge, classification, rule, regulation, contract or practice, or any number thereof, or the entire schedule or schedules of rates or other charges, classifications, rules, regulations, contracts and practices, or any thereof of any public utility, and to establish new rates or other charges, classifications, rules, regulations, contracts or practices or schedule or schedules, in lieu thereof: Provided, that nothing in this section or Act shall be construed to repeal "An Act to establish and regulate the maximum rate of charges for the transportation of passengers by corporations or companies operating or controlling railroads in part or in whole in this State, and to provide penalties for the violation of the provisions thereof, and repealing all Acts and parts of Acts in conflict therewith," approved May 27, 1907, in force July 1, 1907.

NOTE. Re Public Service Co. of N. Illinois, V I. P. U. C. 435, P. U. R. 1918-D 240; Rockford Elec. Co., IV I. P. U. C. 371, P. U. R. 1917-F 196. See State Public Utilities Comm. ex rel. Mitchell et al. v. Chicago & West Towns Ry. Co., 275 Ill. 555.

42. Control Over Joint Rates-Hearings.

§ 42. Whenever the Commission after a hearing had upon its own motion or upon complaint, shall find that the rates or other charges, or classifications in force over two or more common carriers, between any two points in this State, are unjust, unreasonable or excessive, or that no satisfactory through route or joint rate or other charge, or classification exists between such points, and that the public convenience and necessity demand the establishment of a through route and joint rate or other charge, or classification between such points, the Commission may order such common carriers to establish such through route and may establish and fix a joint rate or other charge, or classification which will be just and reasonable, to be followed, charged, enforced, demanded and collected in the future, and the terms and conditions under which such through route shall be operated. The Commission may order that freight moving between such points shall be carried by the different common carriers, parties to such through route and joint rate, without being transferred from the originating cars. In case the common carriers do not agree upon the division between them of the joint rates or other charges established by the Commission over such through routes, the Commission shall, after hearing, by supplemental order, establish such

division. Provided, that where any railroad which is made a party to a through route has itself over its own line and equally satisfactory through route between the termini of the through route established, such railroad shall have the right to require as its division of the joint rate or other charge its local rate or other charge over the portion of its lines comprised in such through route, and the Commission may, in its discretion, allow to such railroad more than its local rate or other charge whenever it will be equitable so to do: And, provided, that the shipper shall have the right to route his freight whenever through rates shall. have been established either by the Commission or by the common carrier.

The Commission shall also have power, after a hearing had upon its own motion or upon complaint, to order any other public utilities to establish and fix reasonable and sufficient joint rates or other charges, or classifications. In case such public utilities do not agree upon the division between them of such joint rates or other charges the Commission shall, after hearing, establish such division by supplemental order.

NOTE.-Moline Sand Co. v. Chicago B. & Q. R. Co., IV I. P. U. C. 100; State Public Utilities Comm. v. Lebanon Tel. Exchange, IV I. P. U. C. 329.

State Public Utilities Comm. ex rel. Am. Sand & Gravel Co. et al. v. Chicago & N. W. Ry. Co., 279 Ill. 110 affirmed an order of the Commission requiring railway companies involved to establish joint rates on sand and gravel from points of origin to points within the Chicago switching district.

43. Interstate Rates.

§ 43. The Commission shall have the power to investigate all existing or proposed interstate rates or other charges, and classifications, and all rules and practices in relation thereto, of any public utility, where any Act in relation thereto shall take place within this State; and when the same are, in the opinion of the Commission, excessive or discriminatory or in violation of 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, or of any other Act of Congress, or in conflict with the rulings, orders or regulations of the Interstate Commerce Commission, the Commission may apply by petition or otherwise to the Interstate Commerce Commission or to any court of competent jurisdiction for relief. 44. Interchange of Traffic or Service—Joint Rates.

§ 44. Every common carrier shall afford all reasonable, proper and equal facilities for the prompt and efficient intercharge and transfer of passengers, tonnage and cars, loaded or empty, between the lines owned, operated, controlled or leased by it and the lines of every other common carrier, and shall make such interchange and transfer promptly without discrimination between shippers, passengers or carriers either as to compensation charged, service rendered or facilities afforded. Every railroad company shall receive from every other railroad company having the same gauge track, at any point of connection, freight cars of proper standard and in proper condition, and shall haul the same either to destination, if the destination be upon a line owned, operated or controlled by such railroad company, or to point of transfer accord

ing to route billed, if the destination be upon the line of some other railroad company. But nothing in this Act shall be construed as requiring any common carrier to give the use of its terminal facilities to another common carrier engaged in like business.

Every telephone company and telegraph company operating in this State shall receive, transmit and deliver, without discrimination or delay, the conversations and messages of every other telephone or telegraph company with which a joint rate has been established or with whose line a physical connection may have been made.

NOTE.-Alton Bd. of Trade v. Cleveland, C. C. & St. L. Ry. Co., III I. P. U. C. 282; Plymouth Mutual Teleph Co. v. Farmers Mutual Teleph, or Switchboard Co., IV I. P. U. C. 333, P. U. R. 1917-E 464; E. St. Louis, C. & Waterloo Ry. Co. v. Pittsburgh C. C. & St. L. Ry. Co., V I. P. U. C. 420, P. U. R. 1918-E 654.

See also State Public Utilities Comm. ex rel. Alton Bd. of Trade v. Cleveland, C. C. & St. Louis Ry. Co. 285 Ill. 184; State Public Utilities Comm. ex rel. Am. Sand & Gravel Co. et al. v. Chicago & N. W. Ry. Co., 279 Ill. 110.

45. Side Track Connections-Jurisdiction Over.

§ 45. Every railroad company, upon the application of any corporation or person, being a shipper or receiver or contemplated shipper or receiver of freight, or of any corporation, person or municipal corporation owning, operating or controlling any wharf or harbor facilities, for a connection between the railroad of such railroad company and any existing or contemplated track, tracks or railroad of such corporation, person or municipal corporation, shall make such connection and provide such switches and tracks as may be necessary for that purpose and deliver and receive cars thereover: Provided, that such connection is reasonably practicable and can be installed and used without materially increasing the hazard of the operation of the railroad with which such connection is sought, and that the business which may reasonably be expected to be received by such railroad company over such connection is sufficient to justify the expense of such connection to such railroad company.

Under the conditions specified in the above proviso every railroad company, upon the application of any corporation or person, being a shipper or receiver or contemplated shipper or receiver of freight, shall construct upon its right of way a spur or spurs for the purpose of receiving and delivering freight thereby, and shall receive and deliver freight thereby.

Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that application has been made by any corporation or person to a railroad company for a connection or spur as provided in this section, and that the railroad company has refused to provide such connection or spur and that the applicant is entitled to have the same provided for him, the Commission shall make an order requiring the providing of such connection or spur and the maintenance and use of the same upon reasonable terms which the Commission shall have the power to prescribe. Whenever any such connection or spur has been so provided, any corporation or person shall be entitled to connect with the track, tracks or railroad thereby connected with the railroad of the railroad company and to use the same or to use the spur so provided upon payment to the party or parties incurring the primary expense of such track, tracks or railroad, or the connection therewith or of such

spur, of a reasonable proportion of the cost thereof to be determined by. the Commission after notice to the interested parties and a hearing thereon: Provided, that such connection and use can be made without unreasonable interference with the rights of the party or parties incurring such primary expense. The Commission shall likewise have the power to require one railroad company to switch to private spurs and industrial tracks upon its own railroad the cars of a connecting railroad company and to prescribe the terms and compensation for such service.

NOTE. Haskins Coal Co. v. Chicago & E. Illinois R. Co., III I. P. U. C. 304; Turns Coal Co. v. Louisville & Nashville R. Co., IV I. P. U. C. 103.

Farmers' Eelevator Co. of Yorkville et al v. Chicago R. I. & Pac. Ry. Co., 226 Ill. 567 holds that the Commission must hold a public hearing and take evidence, giving all parties interested a chance to present their case before a physical connections between two railways can be compelled.

See also State Public Utilities Comm. ex rel. Cameron v. Lake Erie & W. R. Co., 277 Ill. 574 sustaining Commn's. order directing the railroad to reconstruct a spur track.

46. Tracks-Physical Connections.

§ 46. Whenever the Commission shall find, after a hearing made upon complaint or upon its own motion, that the public convenience and necessity would be subserved by having track connections made, between any two or more railroads or between any two or more street railroads, the Commission shall order and such railroads or street railroads of the same or similar gauge to make physical connection at any and all crossings, and at all points where a railroad shall begin or terminate at or near any other railroad, and at all towns or cities where two or more railroads enter the limits of the same, so that the cars of any such railroad company may be speedily transferred from one railroad to another, and shall order whether the expense thereof shall be borne jointly or otherwise.

47. Telephone and Telegraph-Physical Connections.

§ 47. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall determine that public convenience and necessity require a physical connection for the establishment of a continuous line of communication between any two or more public utilities for the conveyance of messages or conversations, the Commission may, by order, require that such connection be made. If such public utilities do not agree upon the division between them of the cost of such physical connection or connections, the Commission shall have authority, after further hearing, to establish such division by supplemental order.

NOTE.-State Public Utilities Comm. v. Lebanon Teleph. Exchange IV I. P. U. C. 329; Citizens of Aledo v. People's Teleph. Co. and Home Mutual Teleph. Co., III I. P. U. C. 43; Galesburg Union Teleph. Co. v. Farmington. Co., III I. P. U. C. 293, P. U. R. 1916-E 460; etc

48. Joint Use of Facilities.

§ 48. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes or other property or equipment, or any part thereof, on, over or under any street or highway, belonging to another public utility, and that such use will not prevent the owner or other users thereof from performing their public duties nor result in irreparable injury to such owner or other users of such conduits, subways, tracks,

wires, poles, pipes or other property or equipment, or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms and conditions or compensation for the same, the Commission may, by order, direct that such use be permitted and prescribe a reasonable compensation and reasonable terms and conditions for such joint use. If such use be directed, the public utility to whom the use is permitted shall be liable to the owner or other users of such conduits, subways, tracks, wires, poles, pipes or other property or equipment, for such damage as may result therefrom to the property of such owner or other users thereof: Provided, that nothing in this section shall be construed to extend the jurisdiction of the Commission over the joint use of such facilities of public utilities mainly or primarily within a city and subject to the jurisdiction of such city.

NOTE. See General Order No .30, Sec. 6, P. U. R. 1917-A 872 for rules for electrical construction for jointly used pole lines. See also, Re Cumberland Teleph. & Teleg. Co., III I. P. U. C. 611; etc.

49. Facilities-Power of Commission to Require Adequate Facilities.

49. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that the rules, regulations, practices, equipment, appliances, facilities or service of any public utility, or the methods of manufacture, distribution, transmission, storage or supply employed by it, are unjust, unreasonable, unsafe, improper, inadequate or insufficient, the Commission shall determine the just, reasonable, safe, proper, adequate or sufficient rules, regulations, practices, equipment, appliances, facilities, service or methods to be observed, furnished, constructed, enforced or employed and shall fix the same by its order, decision, rule or regulation. The Commission shall prescribe rules and regulations for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility.

NOTE. Village of Palestine v. Oblong Gas Co., VI. P. U. C. 10; Dexter Baber v.Cleveland, C. C. & St. L. R. Co., IV I. P. U. C. 97; Re Public Service Co. of N. Illinois, V I. P. U. C. 435, P. U. R. 1918-D 240.

50. Additions and New Structures-Joint Construction.

§ 50. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that additions, extensions, repairs or improvements to, or changes in, the existing plant, equipment, apparatus, facilities or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, or that a new structure or structures should be erected, to promote the security or convenience of its employees or the public, or in any other way to secure adequate service or facilities, the Commission shall make and serve an order directing that such additions, extensions, repairs, improvements or changes to be made or such structure or structures, be erected in the manner and within the time specified in said order. If any additions. extensions, repairs, improvements or changes, or any new structure or structures which the Commission has ordered to be erected, require joint action by two or more public utilities, the Commission shall notify the said public utilities that such additions, extensions, repairs, improvements or changes or new structure or structures have been ordered and that the same shall be made at the joint cost whereupon the said public

« AnteriorContinuar »