excepted in cases in which, in the judgment of the director, the public service will not thereby be impaired.

§ 22. Each employee in the several departments shall be entitled during each calendar year to fourteen days' leave of absence with full pay. In special and meritorious cases where to limit the annual leave to fourteen days in any one calendar year would work peculiar hardship, it may, in the discretion of the director of the department, be extended.

§ 23. No employee in the several departments, employed at a fixed compensation, shall be paid for any extra services, unless expressly authorized by law.

7. Fees to be Charged by Commission.

§ 7. The Commission shall charge and collect the following fees: For copies of papers and records not required to be certified or otherwise authenticated by the Commission, ten cents for each folio; for certified copies of evidence and proceedings before the Commission or of official documents and orders filed in its office fifteen cents for each folio, and one dollar for every certificate under seal affixed thereto; for certifying a copy of any report made by a public utility to the Commission, for each certified copy of the annual report of the Commission, one dollar. No fees shall be charged or collected for copies of papers, records, or official documents furnished to any city or public officers for use in their official capacity, or for the annual reports of the Commission in the ordinary course of distribution, but the Commission may fix reasonable charges for publications issued under its authority. All fees charged and collected by the Commission shall belong to the people of the State, and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the State to the credit of the general fund.

NOTE.-See Kennedy v. State Public Utilities Commission, 286 Ill. 490.

8. Supervision of Utilities-Rules and Regulations-Records-Reports of Commission.

§ 8. The Commission shall have general supervision of all public utilities, shall inquire into the management of the business thereof and shall keep itself informed as to the manner and method in which the business is conducted. It shall examine such public utilities and keep informed as to their general condition, their franchises, capitalization,, rates and other charges, and the manner in which their plants, equipments and other property owned, leased, controlled or operated are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service but also with respect to their compliance with the provisions of this Act and any other law, with the orders of the Commission and with the charter and franchise requirements.

In case any public utility is engaged in carrying on any business other than that of a public utility, which other business is not otherwise subject to the jurisdiction of the Commission, such public utility in respect of such other business shall be subject to inquiry, examination and inspection by the Commission in the same manner as the public utility business in so far as such inquiry, examination and inspection may be necessary to enforce any provision of this Act. The determination of the Commission that a necessity for any regulation of non-public.

business of a public utility exists shall be prima facie evidence of the fact in any action in a court of this State to enforce or set aside an order or ruling of the Commission.

The Commission may confer in person, or by correspondence, by attending conventions, or in any other way, with the members of railroad or other public utility Commissions of other states and with the Interstate Commerce Commission on any matters relating to public utilities.

The Commission shall have power to adopt reasonable and proper rules and regulations relative to the exercise of its powers, and proper rules to govern its proceedings, and to regulate the mode and manner of all investigations and hearings, and to alter and amend the same.

All proceedings of the Commission and all documents and records in its possession shall be public records, except as in this Act otherwise provided. The Commission shall make an annual report to the Governor on or before the first day of December in each year, after the year 1913, which shall contain copies of all orders issued by it, and any information in the possession of the Commission which it shall deem of value to the people of the State.

The Commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within its jurisdiction, if requested to do so by the General Assembly or by either branch thereof, or by a standing committee of either branch thereof, and shall report its conclusions to the General Assembly. The Commission may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest. The Commission shall, at such times as the Governor shall direct, examine any particular subject connected with the condition and management of public utilities, and report to him in writing its opinion thereon with its reasons therefor.

NOTE. The Commission is an administrative body, not a court, and has no jurisdiction to adjudicate controverted rights of parties growing out of contract. People ex rel. Bd. of Administration v. Peoria & Pekin Union Ry. Co., 273 Ill. 440. The Commission has no arbitrary power permitting it to enter a confiscatory order. State Public Utilities Commission ex rel. Beck v. Toledo, St. Louis & Western R. Co., 267 Ill. 93.

JURISDICTION IN GENERAL:

The Public Utilities Act "expressly authorizes this Commission to determine and fix the just, reasonable and sufficient rates or other charges, classifications, rules, regulations, contracts or practices of any public utility doing business within the State. No limitation of such powers of the Commission is to be found in the Act." Re Mississippi Valley Teleph. Co., III. I. P. U. C. 24, P. U. R. 1917-B 368; Citizens of Aledo v. Peoples' Tel. Co. et al., III. I. P. U. C. 43.

"The statute providing for the regulation of public utilities within the State was passed in the exercise of the police powers of the State and all ordinances or contracts affecting rates or charges by public utilities, for commodities or services to be rendered or performed by them, must be held to have been made in view of, and subject to the right of the State to exercise this police power in such a way as to disregard such contracts or ordinances if the interests and welfare of the public should so demand." Re Mississippi Valley Teleph. Co., III I. P. U. C. 24, 26, P. U. R. 1917-B 368; see also Hite v. Cincinnati, Indianapolis & W. R. Co., 284 Ill. 297; Re Polo Mutual Telephone Co., Ill I. P. U. C. 31, P. U. R. 1916-B 318ice The Public Utilities Commission is given no abritrary power by the statut

and the orders of the Commission must be lawful and reasonable. State Publicnd,

Utilities Comm. ex rel. v. Chicago, Milwaukee & St. Paul Ry., 287 Ill. 412.

The Commissions' rate making power is not limited by the provisions of private contracts. Danvers Teleph. Co. v. Carlock Farmers' Teleph. Co., V I. P. U. C. 16, P. U. R. 1918-A 235; Re Rockford Elec. Co., V I. P. U. C. 35, P. U. R. 1918-A 541. See however the amendment of 1919 to Sec. 39 of the Act.

The Commission's jurisdiction is not restricted by the terms of contractural ordinances and franchises. Re Kewanee Home Teleph. Co., V I. P. U. C. 20, P. U. R. 1918-B 172; Re Bloomington & Normal Ry. & L. Co. et al., V I. P. U. C. 679;

m

S

Re Galva Elec. L. Co., V I. P. U. C. 747; Re Mariana Teleph. Co., V I. P. U. C. 783; Re Decatur Ry. L. Co., V I. P. U. C. 906; Stein v. Chicago Teleph. Co., V I. P. U. C. 908; Re City Water Co. of Shelbyville V I. P. U. C. 992; Re Central Ill. Public Service Co., V I. P. U. C. 1023, P. U. R. 1918-F 820.

The Commission has no power to compel performance of a private contract. Danvers Telph. Co. v. Carlock Farmers' Teleph. Co., V I. P. U. C. 16, P. U. R. 1918-A 235; North American Car Co. v. Indiahoma Refining Co., V I. P. U. C. 160; Boone County Co-op. Teleph. Co. v. Belvidere Teleph. Co., V I. P. U. C. 940, P. U. R. 1918-F 97.

The Commission has power to consider the construction of private contracts made by a utility when such consideration is necessary to determine the interests of persons seeking to be made parties to the proceeding. Re Western Illinois Teleph. Co. et al., V I. P. U. C. 1.

The Commission has no jurisdiction to override an injunctional order issued by a Circuit Court requiring a utility to serve a consumer at rates fixed by contract. Re Illinois Northern Utilities Co., VI I. P. U. C. 136.

The Commission has jurisdiction over all intercorporate contracts between utilities. Re Quincy Gas. Elec. & H. Co. et al., III I. P. U. C. 98.

The Commission has no jurisdiction over disputes between a utility and a municipality relative to franchise provisions. City of Bushnell v. Central Illi. Public Service Co., III I. P. U. C. 57.

The Commission has no jurisdiction to enforce a local assessment for paving against an electric railroad company. Orvis v. Chicago & M. Elec. R. Co., II I. P. U. C. 84, P. U. R. 1915-A 1000.

The Commission has no jurisdiction to compel an electric railroad company to maintain the streets on which its tracks are laid in such manner as not to interfere with the public use. Orvis v. Chicago & M. Elec. R. Co., II I. P. U. C. 84, P. U. R. 1915-A 1000; Re Quincy Ry. Co., VI I. P. U. C. 435.

The Commission has no authority to compel a street railway company to carry mail carriers free in accordance with the provisions of a city ordinance. Ericson v. Evanston St. Ry. Co., III I. P. U. C. 61, P. U. R. 1916-B 918. See also Golden v. Chicago & Northwestern Ry. Co., V I. P. U. C. 317; Public Utilities Comm. v. Springfield Consolidated Ry. Co., VI I. P. U. C. 271.

The Commission has no jurisdiction to order the removal of old decayed telephone poles when their removal is primarily a question of compliance with a franchise ordinance. City of Genoa v. De Kalb County Teleph. Co., II I. P. U. C. 83.

The Commission has no jurisdiction over street lighting franchises. City of Bushnell v. Central Ill. Public Service Co., III I. P. U. C. 57; Hubbard v. Public Service Co. of N. Illinois et al., V I. P. U. C. 44.

The Commission has no jurisdiction over a dispute between a telephone company and a subscriber as to the number of messages sent from the subscriber's phone. Fulton v. Chicago Teleph. Co., IV I. P. U. Č. 153, P. U. R. 1917-A 527.

The Commission has no power to compel an electric consumer to repair his service line connecting with the company's transmission line, or to require him to keep it in a safe condition. Abbott L. & P. Co. v. Parks III I. P. U. C. 96, P. U. R. 1916-D 1093.

It was the intention of the legislature, as manifested by the language of the Act to give the Commission a very large and comprehensive jurisdiction over the affairs and operation of public utilities, but it is not the intention that the Commission should be allowed to substitute its management for the management of the companies. Citizens of Aledo v. Peoples' Teleph. Co. et al., III I. P. U. C. 43.

The Commission has jurisdiction over the sale of a public utility plant to the municipality. Public Utilities Comm. v. Citizens W. W. Co., V I. P. U. C. 550.

The Commission has jurisdiction over prior orders of the Railroad & Warehouse Commission. Re Wabash, Chester & Western R. et al., III I. P. U. C. 49; Illinois Central R. Co. et al. v. Bloomington etc. R. Co., IV I. P. U. C. 105.

The Commission's jurisdiction relative to discontinuance of service is explained in the following cases. Re Central Ill. Public Service Co., III I. P. U. C. 93, P. U. R. 1916-B 920; City of Pana v. Central Ill. Public Service Co., III I. P. U. C. 95, P. U. R. 1916-B 177; Re Fairview Transp. Co., IV I. P. U. C. 159, P. U. R. 1917-E 44; Village of Palestine v. Oblong Gas Co., V I. P. U. C. 10.

The Commission has power to require an electric railway to permit another utility to use its tracks, wires and poles where the public convenience so requires. Weathersby v. Decatur Ry. & L. Co. et al., VI I. P. Ù. C. 360.

The Commission has no jurisdiction to award damages to a shipper for an alleged loss caused by giving the wrong number of a car in a bill of lading. Mundhenk Fuel Co. v. Chicago & E. Ill. R. Co., II. I. P. U. C. 89

Charges of an electric utility for making minor repairs upon the consumer's own equipment, covering the cost of delivery of lamps on renewal and of the calling for or delivery by the company of heating appliances in need of repair are not within the jurisdiction of the Commission because such services are not a part the company's public utility business. Public Utilities Comm. v. Commonwealth on Co., V. I. P. U. C. 1276, P. U. R. 1918-F 109.

Utilities to Comply with Requests and Obey Orders of Commission.

§ 9. Every public utility shall furnish to the Commission all inmation required by it to carry into effect the provisions of this Act, ad shall make specific answers to all questions submitted by the Comission.

Any public utility receiving from the Commission any blanks wit directions to fill the same, shall cause the same to be properly filled ov so as to answer fully and correctly each question therein propounde and in case it is unable to answer any question, it shall give a good an sufficient reason for such failure; and said answer shall be verifi under oath by the president, secretary, superintendent or general ma ager of such public utility and returned to the Commission at its offi within the period fixed by the Commission.

Whenever required by the Commission, every public utility sha deliver to the Commission, any or all maps, profiles, reports, document books, accounts, papers and records in its possession, or in any w relating to its property or affecting its business, and inventories of property, in such form as the Commission may direct, or verified copi of any or all of the same.

Every public utility shall obey and comply with each and every r quirement of every order, decision, direction, rule or regulation ma or prescribed by the Commission in the matters herein specified, or an other matter in any way relating to or affecting its business as a publi utility, and shall do everything necessary or proper in order to secu compliance with and observance of every such order, decision, directio rule or regulation by all of its officers, agents and employees.

10. Definitions.

§ 10. Unless otherwise specified, the word "Commission," whe used in this Act, means the State Public Utilities Commission of Illino which is created and established under the provisions of this Act.

The term "commissioner," when used in this Act means one of t members of the Commission.

The term "public utility," when used in this Act, means and i cludes every corporation, company, association, joint stock company association, firm, partnership or individual, their lessees, trustees, receivers appointed by any court whatsoever (except, however, su public utilities as are or may hereafter be owned or operated by a municipality) that now or hereafter:

(a) May own, control, operate or manage, within the Sta directly or indirectly for public use, any plant, equipment or proper used or to be used for or in connection with the transportation of person or property or the transmission of telegraph or telephone messages b tween points within this State; or for the production, storage, tran mission, sale, delivery or furnishing of heat, cold, light, power, ele tricity or water; or for the conveyance of oil or gas by pipe line; or f the storage or warehousing of goods; or for the conduct of the busine of a wharfinger; or that

(b) May own or control any franchise, license, permit or right engage in any such business.

The term "common carrier," when used in this Act, includes railroads, street railroads, express companies, private car lines, sleepi car companies, fast freight lines, steamboat lines and other comm carriers by water, and every corporation, company, association, jo stock company or association, firm, partnership or individual, th lessees, trustees, or receivers appointed by any court whatsoever, owni

operating or managing any such agency for public use in the transportation of persons or property within the State.

The term "railroad," when used in this Act, includes every railroad other than a street railroad, by whatsoever power operated for public use in the transportation of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, poles, wires, stations, real estate and terminal facilities of every kind, used, operated, controlled or owned by or in connection with any railroad.

The term "street railroad," when used in this Act, includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the transportation of persons or property for compensation, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place in any city, village or incorporated town, and including all equipment, switches, spurs, tracks, poles, wires, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind, together with all real estate used, operated, controlled or owned by or in connection with any such street railroad; but the said term "street railroad," when used in this Act, shall not include a railroad constituting or used as part of a trunk line railroad system.

The term "transportation of persons," when used in this Act, includes any service in connection with the receipt, carriage and delivery of the person transported and his baggage, and all facilities, used or necessary to be used in connection with the safety, comfort and convenience of the person transported.

The term "transportation of property," when used in this Act, includes any service in connection with the receipt, carriage, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported.

The term "express company," when used in this Act, includes every corporation, company, association, joint stock company or association, firm partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever, engaged in the transportation of freight, merchandise or other property for compensation on the route or line of any other common carrier.

The term "company," when used in this Act in connection with a public utility, includes any corporation, company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing such a public utility, but not municipal corporations.

The term "corporation," when used in this Act, includes any corporation, company, association, joint stock company or association, but not municipal corporations.

The term "person," when used in this Act, includes an individual, firm or co-partnership.

The term "warehouse," when used in this Act, includes all elevators or storehouses where grain is stored for a compensation, whether the property stored be kept separate or not.