utilities shall have such reasonable time as the Commission may grant within which to agree upon the portion or division of cost of such additions, extensions, repairs, improvements or changes or new structure or structures, which each shall bear. If at the expiration of such time such public utilities shall fail to file with the Commission a statement that an agreement has been made for a division or apportionment of the cost or expense of such additions, extensions, repairs, improvements or changes, or new structure or structures, the Commission shall have authority, after further hearing, to make an order fixing the proportion of such cost or expense to be borne by each public utility and the manner in which the same shall be paid or secured.

NOTE.-See Re Wabash Chester & Western R. Co. et al., III I. P. U. C. 49; Re Public Service Co. of Northern Illinois III I. P. U. C. 229; Re Momence Utilities Co., VI I. P. U. C. 257.

State Public Utilities Comm. ex rel. Wabash R. Co. v. Illinois Cent. R. Co., 274 Ill. 36 reverses an order of the Commission requiring the construction of a new interlocker and dividing the cost of operating it.

Chicago, B. & Q. R. Co. v. Cavanagh et al., 278 Ill. 609 holds that under sections 50 and 58 the Commission has power where the public safety requires it, to compel the abolition of a grade crossing and the relocation of a railroad track; also that the Commission may confer upon the railroad the power of eminent domain to acquire the necessary lands upon which to construct the new crossing.

51.

Adequacy of Railroad Service-Hearing.

§ 51. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that any railroad or street railroad company does not run a sufficient number of trains or cars, or possess or operate sufficient motive power, reasonably to accommodate the traffic, passenger, or freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop the same at proper places, or does not run any train or trains, car or cars, upon a reasonable time schedule for the run, the Commission shall have power to make an order directing any such railroad or street railroad company to increase the number of its trains or of its cars or its motive power or to change the time for starting its trains or cars or to change the time schedule for the run of any train or car, or to change the stopping place or places thereof, or to make any other order that the Commission may determine to be reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation. 52. Distribution of Cars-Expediting Traffic-Demurrage Storage-Switching-Delivery of Express-Weights.

§ 52. Every railroad company shall, when within its power to do so, and upon reasonable notice, furnish suitable cars to any and all persons who may apply therefor, for the transportation of any and all kinds of freight in carload lots, and shall use reasonable diligence in moving freight and making deliveries thereof. In case of insufficiency of cars at any time to meet all requirements, such cars as are available shall be distributed among the several applicants therefor in proportion to their respective immediate requirements without discrimination between shippers, localities or competitive or non-competitive places: Provided, however, that preference may be given to shipments of live stock and perishable property. The Commission, after a hearing upon its own motion or upon complaint, may issue orders concerning the distribution of cars.

The Commission shall have power to fix and establish reasonable rates, rules and regulations regarding demurrage, storage, icing and all other charges incident to the transportation of property, and to fix and establish reasonable switching rules and regulations, and to establish reasonable limits for said switching and reasonable rates therefor; and shall have power to provide proper rules and regulations the time within which all railroads shall furnish after demand therefor, all cars, equipment and facilities necessary for the handling of freight, in carload and less than carload lots, the time within which consignors and persons ordering cars shall load the same, and the time within which consignees and persons to whom freight may be consigned shall unload and discharge the same and receive freight from the freight rooms, and to provide penalties to be paid for failure on the part of the railroads, consignors and consignees to conform to such rules. The Commission shall also have the power to provide the time within which express packages shall be received, gathered, transported and delivered at destination, and the limits within which express packages shall be gathered and distributed and telegraph and telephone messages delivered without extra charge.

The Commission shall have power to enforce reasonable regulations for the weighing of cars, and of freight offered for shipment over any line of railroad, and to test the weights made by any railroad and scales used in weighing freight on cars.

NOTE.-Conference Rule No. 24; Illiopolis Farmers' Grain Co. v. Wabash Ry. Co., IV I. P. U. C. 30; State Public Utilities Comm. v. Atchison Topeka & St. Fe Ry. Co. et al., III I. P. U. C. 260; Dexter Baber v. Cleveland, C. C. & St. Louis Ry. Co., IV I. P. U. C. 97; State Public Utilities Comm. v. Alton & Southern R. Co., IV I. P. U. C. 87, IV I. P. U. C. 272.

State Public Utilities Comm. v. Baltimore & O. S. W. R. Co., 281 Ill. 405 reversed an order of the Commission prescribing a plan to be followed by carriers in the distribution of coal cars in time of car shortage. The court held that this was a matter exclusively within the jurisdiction of the Interstate Commerce Commission.

53. Conditions in Contracts for Service Forms of Express Receipts.

§ 53. The Commission is authorized to make rules and regulations concerning the conditions to be contained in and become a part of contracts for public utility services, and any and all services concerning the same, or connected therewith.

The Commission shall have authority to prescribe a form of receipt for each shipment by express, also a form of receipt for moneys paid for charges for the transportation by express of any article or thing, to be given upon receipt, or upon the payment of such charges.

Upon demand of a shipper each receiving or forwarding express company shall be required to furnish a receipt or other evidence in writing, in such form as may be prescribed by or approved of by said Commission, stating the quantity, character, weight, order and condition of goods or articles tendered for shipment, and said express companies shall in like manner execute and furnish upon demand a receipt for the charges paid on any shipment, which shall cover substantially the following items: Date of shipment; name of consignor; name of connecting line or express company; name or description of each article or package covered by or in such receipt; the graduate scale or rate employed in making the rate or charge on such article or package, separately; the amount of charge on each article or package; the amount

of advanced charges (if any); the sum total of charges to be paid by the consignee. And any such express company is hereby prohibited from including in any such receipt for shipments to be made any restriction or evasion of the common law liability of such carrier.

54. Standards of Service.

§ 54. The Commission shall have power to ascertain, determine and fix for each kind of public utility suitable and convenient standard commercial units of service, product or commodity, which units shall be lawful units for the purposes of this Act; to ascertain, determine and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage or other condition pertaining to the performing of its service or to the furnishing of its product or commodity by any public utility, and to prescribe reasonable regulations for examining, measuring and testing such service, product or commodity, and to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for examining, measuring, or testing such service, product or commodity. The Commission may purchase such materials, apparatus and standard measuring instruments as it deems necessary to carry out the provisions of this section.

The Commission shall provide for the inspection of the manner in which every public utility conforms to the reasonable regulations prescribed by the Commission for examining, measuring and testing its service, product or commodity, and the Commission may supplement such inspections by examining, measuring and testing the service, product or commodity of any public utility. Any consumer or user may have tested any appliance for examining, measuring or testing any such service, product or commodity upon payment of the fees fixed by the Commission. The Commission shall declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the measuring appliance be found unreasonably defective or incorrect to the disadvantage of the consumer or user.

The Commission, its officers, agents, experts or inspectors and employees shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this Act, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor.

Nothing contained in this section shall limit in any manner any powers or authority vested in cities by Article VI of this Act, when such cities have acted pursuant to such authority.

NOTE.-See Conference Rule No. 19, II I. P. U. C. 16.

55. Certificate of Convenience and Necessity.

§ 55. No public utility shall begin the construction of any new plant, equipment, property or facility which is not in substitution of any existing plant, equipment, property or faculties or in extension thereof or in addition thereto, unless and until it shall have obtained from the

Commission a certificate that public convenience and necessity require such construction.

No public utility not owning any city or village franchise nor engaged in performing any public service or in furnishing any product or commodity within this State at the time this Act goes into effect shall transact any business in this State until it shall have obtained a certificate from the Commission that public convenience and necessity require the transaction of such business.

Whenever after a hearing the Commission determines that any new construction or the transaction of any business by a public utility will promote the public convenience and is necessary thereto it shall have the power to issue certificates of public convenience and necessity.

Such certificates may be altered or modified by the Commission, upon its own motion or upon application by the person or corporation affected. Unless exercised within a period of two years from the grant thereof authority conferred by a certificate of convenience and necessity issued by the Commission shall be null and void.

NOTE.-4-C Teleph. Co. v. Helmer IV I. P. U. C. 125, P. U. R. 1917-D 197; Chicago Teleph. Co. v. Postal Teleg.-Cable Co. of Illinois IV I. P. U. C. 184, P. U. R. 1917-D 383; Boone County Rural Teleph. Co. v. Farmers' Union Teleph. Co., IV I. P. U. C. 188, P. U. R. 1917-D 194; Plymouth Mutual Teleph. Co. v. Plymouth Farmer's Switchboard Co., IV I. P. Ú. C. 191, P. U. R. 1917-E 464; Re Schradermeyer V I. P. U. C. 134.

See State Public Utilities Comm. ex rel Chicago Teleph. Co. v. Postal Telegraph-Cable Co., 285 Ill. 411 holding that a telegraph company may install telephone service over its wires without an additional certificate of convenience and necessity.

State Public Utilities Comm. ex rel. Pike County Teleph. Co. v. Noble et al. 275 Ill. 121 holding that "the test whether the new construction is entirely new or is an extension of an existing plant is the determination as to whether or not it is a construction to further the same kind of business or to install a new service.'

See also State Public Utilities Comm. ex rel. Evansville Teleph. Co. v. Okaw Valley Mutual Teleph. Ass'n., 282 Ill. 336.

56. Report and Investigation of Accidents.

56. Every public utility shall file with the Commission, under such rules and regulations as the Commission may prescribe, a report of every accident occurring, or that may occur, to or on its plant, equipment, or other property of such a nature as to endanger the safety, health or property of any person: Provided, that whenever any accident occasions the loss of life or limb to any person, such public utility shall immediately give notice to the Commission of the fact by the speediest means of communication, whether telephone, telegraph or post.

The Commission shall investigate all accidents occurring within this State upon the property of any public utility or directly or indirectly arising from or connected with its maintenance or operation, resulting in loss of life or injury to person or property and requiring, in the judgment of the Commission, investigation by it, and shall have the power to make such order or recommendation with respect thereto as in its judgment may seem just and reasonable: Provided, that neither the order or recommendation of the Commission nor any accident report filed with the Commission shall be admitted in evidence in any action for damages based on or arising out of the loss of life, or injury to person or property, in this section referred to.

NOTE. See General Order No. 43, IV I. P. U. C. 71; General Order No. 44, IV I. P. U. C. 73; State Public Utilities Comm. v. Chicago & M. Elec. R. Co., III I. P. U. C. 254; etc.

7. Safety of Plant, Appliances, Railroad Track, Etc.

§ 57. The Commission shall have power, after a hearing and upon ts own motion or upon complaint, by general or special orders, rules or egulations, or otherwise, to require every public utility to maintain and operate its plant, equipment or other property in such manner as to promote, and safeguard the health and safety of its employees, passengers, customers, and the public, and to this end to prescribe, among other hings, the installation, use, maintenance and operation of appropriate safety or other devices or appliances, including interlocking and other protective devices at grade crossings or junctions and block or other systems of signalling, to establish uniform or other standards of equipment, and to require the performance of any other act which the health or safety of its employees, passengers, customers or the public may demand.

Whenever it shall come to the knowledge of the Commission that the equipment or appliances, or the apparatus, track, bridges, trestles or other structures of any common carrier are out of repair or in an unsafe condition, it shall, after an investigation, give notice in writing to the common carrier of the improvements and changes deemed necessary to place the same in a safe condition, and shall recommend to the common carrier that it make such repairs, changes, improvements or new constructions as the Commission shall deem necessary to the safety of persons and property being transported thereon. The Commission shall give such common carrier an opportunity for a full hearing, and unless the common carrier shall satisfy the Commission that no action is required to be taken with respect to any or all of such matters the Commission shall fix a time within which repairs, changes, improvements or new constructions deemed by it necessary shall be made. The Commission may also prescribe the rate of speed for trains or cars passing over defective tracks, bridges, trestles or other structures until repairs or new constructions required are made; and may, if, in its opinion, it is needful or proper, forbid the running of trains or cars over any defective track, bridge, trestle or other structure until the same be repaired and placed in a safe condition.

NOTE-Re Chicago & E. Illinois R. Co., IV I. P. U. C. 153; Re Ilinois Central Trac. Co. et al., IV I. P. U. C. 110.

58. Grade Crossings-Construction-Reconstruction-Protection, Etc.

§ 58. No public road, highway or street shall hereafter be constructed across the track of any railroad company at grade, nor shall the track of any railroad company be constructed across a public road, highway or street at grade, nor shall the track of any railroad company be constructed across the track of any other railroad or street railroad company at grade, nor shall the track of a street railroad company be constructed across the track of a railroad company at grade, without having first secured the permission of the Commission: Provided, that this section shall not apply to the replacement of lawfully existing roads, highways and tracks. The Commission shall have the right to refuse its permission or to grant it upon such terms and conditions as it may prescribe. The Commission shall have power to determine and prescribe the manner, including the particular point of crossing, and the terms of