ILLINOIS
PUBLIC UTILITIES COMMISSION
LAW

ACT OF 1913
Amended 1915 and 1917

[Printed by authority of the State of Illinois.]

ILLINOIS
PUBLIC UTILITIES COMMISSION
LAW

ACT OF 1913
Amended 1915 and 1917

[Printed by authority of the State of Illinois.]

SPRINGFIELD,
ILLINOIS

STATE JOURNAL

ILL.

CO.,

1919
27520—1500

STATE

PRINTERS.

380.2
Ib6
1917
cop.3
CONTENTS.
ARTICLE I.
GENERAL PROVISIONS.

Section.
1.
2.
3.
4.
5.
6.
7.
8.

Public Utilities Commission—Appointment—Term—Quorum.
Secretary and Counsel.
Additional officers and employees.
Oath of office—Qualifications—Bond, etc.
Salaries and expenses.
Office of the Commission—Meetings—Seal, etc.
Fees to be charged by Commission.
Supervision of utilities—Rules and regulations—Records—
Report of Commission.
9. Utilities to comply with requests and obey orders of Commission.
10. Definitions.
AETICLE II.
REPORTS AND ACCOUNTS.

11. Accounts—Uniform System of.
12. Other than public utility business.
13. Forms of accounts.
14. Depreciation accounts.
15. Audit and inspection.
16. Accounts to be kept within State.
17. Falsification or destruction of accounts.
18. Penalty for divulging information.
19. Reports by public utilities—Penalties for failure to report or
false report.
AETICLE III.
STOCKS

20.
21.
22.
23.
24.
25.
26.
27.

AND

BONDS—CAPITALIZATION—INTERCORPORATE
FRANCHISES—VALUATION.

RELATIONS—

Eight to issue stocks, bonds, etc.
Approval of Securities Issues—Application of proceeds—Indebtedness for a year or less—Franchises not to be capitalized.
Consolidations and reorganizations—Capitalization.
Securities unlawfully issued.
Penalty for unlawfully issuing securities.
Penalty for false statement, etc.
No guarantee of utilities securities by State.
Intercorporate relations—Approval of Contracts and Leases.

Section.
28. Transfer of Franchise or License—Foreign Corporations—
Application of law to.
29. Transfer of franchises—Approval of.
30. Valuation of Utility Property.
31. Fees for issuance of stocks and bonds.
ARTICLE IV.
RATES AND S E R V I C E — A C C I D E N T S .

32. General duties of public utilities.
33. Filing schedules of rates.
34. Publication and posting of schedules.
35. No service to be rendered until schedules filed.
36. Changes of rates—Hearings.
37. Charging more or less than published rate.
38. Discrimination forbidden.
39. Discrimination—Rebates—Free transportation—Exchange of
transportation for advertising—Prior transfer of real estate.
40. Long and short haul, etc.—Common carriers, telephones, telegraph, etc.
41. Commission to fix rates and regulations.
42. Control over joint rates—Hearings.
43. Interstate rates.
44. Interchange of traffic or service—Joint rates.
45. Sidetrack connections—Jurisdiction over.
46. Tracks—Physical connections.
47. Telephone and telegraph—Physical connections.
48. Joint use of facilities.
49. Facilities, etc.—Power of Commission to require adequate
facilities.
50. Additions and new structures—Joint construction.
51. Adequacy of railroad service—Hearings.
52. Distribution of cars-Expediting traffic—Demurrage—Storage
—Switching—Delivery of express—Weights.
53. Conditions in contracts for service—Forms of express receipts.
54. Standards of service.
55. Certificate of convenience and necessity.
56. Report and investigation of accidents.
57. Safety of plant, appliances, etc.—Railroad track, etc.
58. Grade crossings—Construction—Reconstruction—Protection,
etc.
59. Eminent domain.
ARTICLE V.
PROCEEDINGS BEFORE T H E COMMISSION AND I N T H E COURTS.

60. Investigations and hearings.
61. Testimony—Immunity of witnesses.
62. Attendance of witnesses—Production of papers.

5
Section.
63. Right to inspect books and property and examine agents of
public utilities.
64. Complaints—Notice.
65. Hearings—Orders—Records—Copies of official documents and
orders.
66. Service of orders.
67. Modification of order or decision—Rehearing.
68. Action to set aside orders of Commission.
69. Appeals to Supreme Court from Circuit Court Judgments.
70. Expedition of cases.
71. Suspension of order of Commission pending judicial review. l
72. Reparation for overcharge—Investigation of claims against
utilities.
73. Civil damages.
74. Remedies cumulative.
75. Mandamus or injunction proceedings at instance of Commission.
76. Penalty for violation of Act or orders by public utility or
other corporation—Separate offenses.
77. Persons violating Act or order—Penalty.
78. Actions to recover penalties.
79. Duty of Commission to prosecute, and to enforce laws affecting
public utilities.
80. Cancellation of warehouse licenses.
ARTICLE VI.
REPEAL—SAVING

81.
82.
83.
84.
85.
86.

CLAUSE—CONSTRUCTION".

Acts repealed; transfer and continuation of powers of R. R.
Commission.
Actions and proceedings pending before R. R. Commission.
Constitutionality—Divisibility of Act.
Act not applicable to interstate commerce.
Technical omissions not to invalidate acts of Commission.
Effective date of Act.

7

PUBLIC UTILITIES COMMISSION LAW.
AN ACT to provide for the regulation of public utilities. Approved June 30; 1913
In force January 1, 1914. (L. 1913, p. 459. Hurd's Revised Statutes 1917, Ch.
I l l a., Secs. 1-86.)
ARTICLE I.
ORGANIZATION AND P O W E R S OF T H E COMMISSION.

1. Public Utilities Commission—Appointment—Term—Quorum.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That there is hereby created a
State Public Utilities Commission consisting of five members. Within
thirty days after this Act shall take effect, the Governor shall, with the
advice and consent of the Senate, appoint five persons to constitute such
Commission, two to serve until the first day of March, 1915, two until
the first day of March, 1916, and one until the first day of March, 1917,
On or before the first days of March, 1915, 1916 and 1917, respectively,
and thereafter as the term of any member expires, the Governor by and
with the advice and consent of the Senate, shall appoint one or twa
members of the Cpmmission, as the case may be to serve for the term
of six years from and after the expiration of the term of his predecessor^
Each Commissioner shall hold office until his successor shall have been.appointed and qualified. Not more than three members of said Commission shall be affiliated with the same political party. The Governor
shall from time to time designate the member of the Commission who
shall be its chairman.
Every vacancy in the Commission shall be filled for the unexpired
portion of the term by appointment by the Governor, by and with the
advice and consent of the Senate: Provided, that if any vacancy
occurs during the recess of the Senate, the Governor may make a temporary appointment until the next meeting of the Senate.
A majority of the Commission shall constitute a quorum to transact
business; but no vacancy shall impair the right of the remaining commissioners to exercise all of the powers of the Commission; and every
finding, order or decision made by a commissioner, when approved and
confirmed by the Commission shall be and be deemed to be the findings
order or decision of the Commission.

NOTE.—The "State Public Utilities Commission" was abolished by t h e
Civil Administrative Code of March 7, 1917, and the "Public Utilities Comaaission," a division of the Department of Trade and Commerce, was created
and invested with the powers and duties of the former Commission. The
provisions of the Code affecting this change are as follows:
Jr
§ 56. The Department of Trade and Commerce shall have power:

8
1. To exercise through the Public Utilities Commission created by this
Act all the rights powers and duties vested by law in the State Public
Utilities Commission, its officers and employees.
§ 57. The Public Utilities Commission created by this Act shall exercise and discharge the rights, powers and duties vested by law in the State
Public Utilities Commission under an Act entitled, "An Act to provide for
the regulation of public utilities," approved June 30, 1913, in force January
1, 1914, or any future amendments thereto or modifications thereof.
Said Act and all amendments thereto and modifications thereof, if any,
shall be administered by the Public Utilities Commission created by this
Act, and in its name, without any direction, supervision or control by the
Director of Trade and Commerce.
§ 32. Whenever rights, powers and duties, which have heretofore been
vested in or exercised by any officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof, are, by
this Act, transferred, either in whole or in part, to or vested in a department created by this Act, such rights, powers and duties shall be vested in,
and shall be exercised by, the department to which the same are hereby
transferred, and not otherwise, and every act done in the exercise of such
rights, powers and duties shall have the same legal effect as if done by the
former officer, board, commission, institution or department, or any deputy,
inspector or subordinate officer thereof. Every person and corporation shall
be subject to the same obligations and duties and shall have the same
rights arising from the exercise of such rights, powers and duties as if such
rights, powers and duties were exercised by the officer, board, commission,
department or institution, or deputy, inspector or subordinate thereof,
designated in the respective laws which are to be administered by departments created by this Act. Every person and corporation shall be subject
to the same penalty or penalties, civil or criminal, for failure to perform
any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of
such right, power or duty by the officer, board, commission, or institution,
or deputy, inspector or subordinate thereof, designated in the respective
laws which are to be administered by departments created by this Act.
Every officer and employee shall, for any offense, be subject to the same
penalty or penalties, civil or criminal, as are prescribed by existing law
for the same offense by any officer or employee whose powers or duties
devolved upon him under this Act. All books, records, papers, documents,
property, real and personal, unexpended appropriations, and pending business in any way pertaining to the rights, powers and duties so transferred
to or vested in a department created by this Act, shall be delivered and
transferred to the department succeeding to such rights, powers and duties.
§ 33. Wherever reports or notices are now required to be made or
given, or papers or documents furnished or served by any person to or upon
any officer, board, commission, or institution, or deputy, inspector or subordinate thereof, abolished by this Act, the same shall be made, given,
furnished, or served in the same manner to or upon the department upon
which are devolved by this Act the rights, powers and duties now exercised
or discharged by such officer, board, commission, or institution, or deputy,
inspector or subordinate thereof; and every penalty .for failure so to do
shall continue in effect.
§ 34. This Act shall not affect any act done, ratified or confirmed, or
any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause, before this Act takes effect; but such
actions or proceedings may be prosecuted and continued by the department
having jurisdiction, under this Act of the subject matter to which such liti
gation or proceeding pertains.
The term of office and manner of appointment of commissioners wa;;
fixed in the Civil Administrative Code as follows:
§ 12. Each officer whose office is created by this Act shall be appointed
by the Governor, by and with the advice and consent of the Senate. In

9
any case of vacancy in such offices during the recess of the Senate, the
Governor shall make a temporary appointment until the next meeting of
the Senate, when he shall nominate some person to fill such office; and any
person so nominated, who is confirmed by the Senate, shall hold his office
during the remainder of the term and until his successor shall be appointed
and qualified. If the Senate is not in session at the time this Act takes
effect, the Governor shall make a temporary appointment as in case of a
vacancy.
§ 13. Each officer whose office is created by this Act, except as otherwise
specially provided for in this Act, shall hold office for a term of four years
from the second Monday in January next after the election of a Governor,
and until his successor is appointed and qualified.
No provision is made in the Code for minority political representation
on the Commission.
This Act in many of its features is similar to the United States Statute creating the Interstate Commerce Commission. Farmers' Elevator Co. of Yorkville v.
Chicago B. I. & P. By. Co. 266 111. 567.
The Act not only confers on the State Public Utilities Commission all the
powers and duties previously exercised by the Railroad and Warehouse Commission,
but specifically names and includes every other kind of business of a public nature
which is subject to regulation as a public utility. State Public Utilities Commission
v. Monarch Befriff. Co., 267 111. 528.
2.

Secretary and Counsel.

§ 2. The Commission shall have a secretary., to be appointed by
the Commission, to hold office during its pleasure, who shall keep a
record of all proceedings, transactions, communications and official acts
of the Commission and perform such other duties as the Commission
may prescribe.
The Commission shall appoint as counsel to the Commission an
attorney-at-law of the State of Illinois, who shall hold office at the pleasure of the Commission. The counsel to the Commission shall have
power subject to the approval of the Commission to appoint and at
pleasure remove attorneys-at-law to assist him in the performance of his
duties.
NOTE.—The salary of the counsel of the Commission was increased to
$8,000 by an amendment of June 25, 1915. The case of Fergus et at. v.
Ru&sel et-al., 270 111. 304 decided by the Supreme Court November 6, 1915,
however, held that the Attorney General is the chief law officer of the State,
andl the sole official advisor of the executive officers and all boards, commissions and departments of the State government, and that it is his duty
to (conduct the law business of the State, both in and out of court. The
offi/ce of counsel for the Commission was thus wiped out.
,
The office of secretary of the Public Utilities Commission is created by
section 5 of the Civil Administrative Code.
3.

Additional Officers and Employees.

§ 3. The Commission shall have power upon consultation with and
the approval of the Governor, to appoint or employ such additional
officers and such accountants, engineers, experts, inspectors, clerks, and
employees as it may deem to be necessary to carry out the provisions
of this Act or to perform the duties and exercise the powers conferred
by law upon the Commission. Such appointments, others than those of
attorneys, chief engineer, chief accountant, one private secretary or
stenographer to each commissioner, experts temporarily employed and
other positions which may be exempted by the Civil Service Commission,
shall be included in the classifid civil service of the State, and shall
be made subject to the provisions of an Vet entitled, " A n Act to
—2 P U L

10'
regulate the civil service of the State of Illinois," approved May 11,
1905, in force July 1, 1905, and Acts amendatory thereto.
NOTE.—This section of the law is protected by the following provision
in the Civil Administrative Code:
§ 24. Nothing in this Act shall be contrued to amend, modify, or repeal
the State civil service law, or to excend the application thereof to any
position created by this Act where the duties to be performed under such
position do not now exist or are now performed by an officer or employee not
in the classified civil service of the State. Every officer and employee in the
classified civil service at the time this Act takes effect shall be assigned to a
position in the proper department created by this Act, having, so far as possible, duties equivalent to his former office or employment, and such officers and
employees shall be employees of the State in the classified civil service of the
State, of the same standing, grade and privileges which they respectively
had in the office, board, commission or institution from which they were
transferred, subject however, to existing and future civil service laws. This
section shall not be construed to require the retention of more employees
than are necessary to the proper performance of the functions of the departments.
4.

Oath of Office—-Qualifications—Bond, Etc.

§ 4. Each commissioner and each person appointed to office by
the Commission, shall before entering upon the duties of his office, take
and subscribe the constitutional oath of office.
Each commissioner shall devote his entire time to the duties of his
office, and shall hold no other office or position of profit, or engage in
any other business, employment or vocation.
ISFo person in the employ of or holding any official relation to any
corporation or person subject in whole or in part to regulation by the
Commission, and no person holding stocks or bonds in any such corporation, or who is in any other manner pecuniarily interested therein,
directly or indirectly, shall be appointed to or hold the office of commissioner or be appointed or employed by the Commission; and if any stich
person shall voluntarily become so interested his office or employment
shall ipso facto become vacant: Provided, that if any person become^ so
interested otherwise than voluntarily he shall within a reasonable tiime
divest himself of such interest, and if he fails to do so his office or eimployment shall become vacant.
ISTo commissioner nor person appointed or employed by the Coralmission shall solicit or accept any gift, gratuity, emolument or employment from any person or corporation subject to the supervision of the
Commission, or from any officer, agent, or employee thereof; nor solicit,
request from or recommend, directly or indirectly* to any such person
or corporation, or to any officer, agent or employee thereof the appointment of any person to any place or position. And every such corporation and person, and every officer, agent or employee thereof, is hereby
forbidden to offer to any commissioner or to any person appointed or
employed by the Commission any gift, gratuity, emolument or employment. If any commissioner or any person appointed or employed by
the Commission shall violate any provision of this paragraph he shall be
removed from the office or employment held by him. Every person
violating the provisions of this paragraph shall be guilty of a misdemeanor.

11
Before entering upon the duties of his office each commissioner
shall give bond, with security to be approved by the Governor, in the
sum of $20,000, conditioned for the faithful performance of his duty
as such commissioner. Every person appointed or employed by the
Commission, may, in the discretion of the Commission, before entering
upon the duties of his office, be required to give bond for the faithful
discharge of his duties, in such sum as the Commission may designate,
which bond shall be approved by the Commission.
NOTE.—This provision is restated in section 7 of the Civil Administrative
Code as follows:
No public utility commissioner or employee of the Public Utility Commission shall be in the employ of or hold any official relation to any corporation or person subject in whole or in part to regulation by the Commission nor shall he hold stocks or bonds in any such corporation or be in
any other manner pecuniarily interested therein, directly or indirectly,
and if any public utility commissioner or employee shall voluntarily become so interested, his office or employment shall ipso facto become vacant,
and if any public utility commissioner or employee becomes so interested
otherwise than voluntarily he shall, within a reasonable time, divest himself
of such interest.
The provision as to oath of office and bond is restated in section 15 of
the Code thus:
§ 14. Each officer whose office is created by this Act shall, before entering upon the duties of his office, take and subscribe the constitutional oath
of office, which shall be filed in the office of the Secretary of State.
§ 15. Each executive and administrative officer whose office is created
by this Act, shall, before entering upon the discharge of the duties of his
office, give bond, with security to be approved by the Governor, in such penal
sum as shall be fixed by the Governor, not less in any case than ten thousand dollars, conditioned for the faithful performance of his duties, which
bond shall be filed in the office of the Secretary of State.
The Civil Administrative Code further provides:
§ 11. Each executive and administrative officer, except the two food
standard officers, the members of the mining board, and the members of the
normal school board shall devote his entire time to the duties of his office
and shall hold no other office or position of profit.
5. Salaries and Expenses.
§ 5. The annual salary of each commissioner shall be ten thousand dollars. The annual salary of the secretary to the Commission
shall be five thousand dollars. The annual salary of the counsel to the
Commission shall be six thousand dollars. All officers, accountants,
engineers, cerks inspectors, experts and employees of the Commission
shall receive the compensation fixed by the Commission subject to the
approval of the Governor.
The commissioners and their officers, accountants, engineers, clerks,
inspectors, experts and other employees, shall have reimbursed to them
all actual and necessary traveling and other expenses and disbursements
necessarily incurred or made by them in the discharge of their official
duties. The Commission may also incur necessary expenses, for office
furniture, stationery, printing and other incidental expenses. Said
salaries and expenses shall be paid out of moneys appropriated for the
Commission, only upon the order of the chairman of the Commission,
approved by the Governor.

12
NOTE.—The Civil Administrative Code provides:
§ 9. The executive and administrative officers whose offices are created
by this Act shall receive annual salaries, payable in equal monthly installments as follows: * * *
Each public utility commissioner shall receive seven thousand dollars;
The Secretary of the Public Utilities Commission shall receive four thousand dollars.
Section 5 of the Act is not unconstitutional. State Public Utilities Com,'
mission ex rel. Mitchell et al v. Chicago & West Towns By. Co., 275 111. 555.
6. Office of the Commission—Meetings—Seal, Etc.
§ 6. T h e office of the Commission shall be in the State Capitol.
Such office shall be open for business between the hours of eight in the
morning and five in the evening throughout the year and one or more
responsible persons to be designated by the Commission or by the secretary under the direction of the Commission shall be on duty at all times
in immediate charge thereof.
The Commission shall hold stated meetings at least once a month
at its office and may hold such special meetings as it may deem necessary
at any place within the State.
The Commission may, for the authentication of its records, process
and proceedings, adopt, keep and use a common seal, of which seal
judicial notice shall be taken in all courts of this S t a t e ; and any process,
writ, notice or other paper which the said Commission may be authorized by law to issue shall be deemed sufficient if signed by the secretary
of said Commission and authenticated .by such seal; and all Acts, orders,
proceedings, rules entries, minutes, schedules and records of said
Commission, and all reports and documents filed with said Commission,
may be proved in any court of this State by a copy thereof, certified to
by the secretary of said Commission, with the seal of said Commission
attached.
NOTE.—The provisions of the Civil Administrative Code affecting this
section are as follows:
§ 16. The director of each department is empowered to prescribe regulations, not inconsistent with law, for the government of his department,
the conduct of its employees and clerks, the distribution and performance
of its business and the custody, use and preservation of the records, papers,
books, documents and property pertaining thereto.
§ 17. Each department shall maintain a central office in the capitol
building at Springfield, in rooms provided by the Secretary of State. The
director of each department may, in his discretion and with the approval of
the Governor, establish and maintain, at places other than the seat of
government, branch offices for the conduct of any one or more functions of
his department.
§ 18. Each department shall be open for the transaction of public
business at least from eight-thirty o'clock in the morning until five o'clock
in the evening of each day except Sundays and days declared by the negotiable instrument Act to be holidays.
§ 19. Each department shall adopt and keep an official seal.
§ 20, Each department is empowered to employ, subject to civil service
laws in force at the time the employment is made, necessary employees, and,
if the rate of compensation is not otherwise fixed by law, to fix their compensation.
§ 21. All employees in the several departments shall render not less
than seven and one-half hours of labor each day, Saturday afternoons, Sundays and days declared by the negotiable instrument Act to be holidays

13
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.
i
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. ISTo 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
S.

Supervision of
Commission.

v. State

Public

Utilities—Rules

Utilities
and

Commission,

286 111. 490.

Regulations—Records—Reports

of

§ 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. I t 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

14
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 oi
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 n(
jurisdiction to adjudicate controverted rights of parties growing out of contract
People ex rel. Bd. of Administration v. Peoria & Pekin Union Ry. Co., 273 111. 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 <
t
Western R. Co., 267 111. 93.
JURISDICTION I N 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 withir.
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 Staff
was passed in the exercise of the police powers of the State and all ordinance*
or contracts affecting rates or charges by public utilities, for commodities OJ
services to be rendered or performed by them, must be held to have been made ir
view of, and subject to the right of the State to exercise this police power ii
such a way as to disregard such contracts or ordinances if the interests and welfarv
of the public should so demand." Re Mississippi Valley Teleph. Co., I l l I. P. U. C
24, 26, P. U. R. 1917-B 368 ; see also Hite v. Cincinnati, Indianapolis & W. R. Co
284 111. 297; Re Polo Mutual Telephone Co., Ill I. P. U. C. 31, P. U. R. 1916-B 31S
The Public Utilities Commission is given no abritrary power by the statute
and the orders of the Commission must be lawful and reasonable. State Publv
Utilities Comm. ex rel. v. Chicago, Milwaukee & St. Paul Ry., 287 111. 412.
The Commissions' rate making power is not limited by the provisions of privatcontracts. Danvers Teleph. Co. v. Carlock Farmers' Teleph. Co., V I. P. U. C. 16
P. U. R. 1918-A 235 ; Re Rockfordl Elec. Co., V I. P. U. C. 35, P. U. R. 1918-A 54?
See however the amendment of 1919 to Sec. 39 of the Act.
The Commission's jurisdiction is not restricted by the terms of contracture
ordinances and franchises. Re Kewanee Home Teleph. Co., V I. P. U. C. 20, P. T
R. 1918-B 172 ; Re Bloomington & Normal Ry. & L. Co. et al, "V, I. P. U. C. 679

15
Be Galva Elec. L. Co.s V I. P. U. C. 747; Re Mariana Teleph. Co., V I. P. U. C.
783 ; Me Decatur By. L. Co., V I. P. U. C. 906; Stein v. Chicago Teleph. Co., V I. P.
U. C. 908 ; Be City Water Co. of Shelbyville V I. P. U. C. 992; Be Central III. 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 Befiining 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. Be Western
Illinois
Teleph. Co. et al.t 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. Be Illinois Northern Utilities Co., VI I. P. U. C. 136.
The Commission has jurisdiction over all intercorporate contracts between
utilities. Be 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 IIU.
Public Service Co., I l l 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. B. 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. B. Co.} II I. P. U. C.
84, P. U. R. 1915-A 1000 ; Be Quincy By. 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. By. Co., I l l I. P. U. C. 61, P. U. R. 1916-B 918. See also Golden
v. Chicago & Northwestern By. Co., V I. P. U. C. 317 ; Public Utilities Comm. v.
Springfield Consolidated By. 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. Be Kalb County Teleph. Co., II I. P. U.
C. 83.
The Commission has no jurisdiction over street lighting franchises. City of
Bushnell v. Central III. Public Service Co., I l l 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. C. 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., I l l 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. Be Wabash, Chester & Western R. et al., I l l I. P. U. C. 49 ;
Illinois Central B. Co. et al. v. Bloomington etc. B. Co., IV I. P. U. C. 105.
The Commission's jurisdiction relative to discontinuance of service is explained in the following cases. Be Central III. Public Service Co., I l l I. P. U. C. 93,
P. U.'R. 1916-B 920 ; City of Pana v. Central III. Public Service Co., I l l I. P. U. C.
95, P. IT. R. 1916-B 177; Be 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 By. & L. Co. et al., VI I. P. U. 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 B. 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
of the company's public utility business. Public Utilities Comm. v. Commonwealth
Edison Co., V. I. P. U. C. 1276, P. U. R. 1918-F 109.
9.

Utilities to Comply

with Requests and Obey Orders of Commission.

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

16
Any public utility receiving from the Commission any blanks with
directions to fill the same, shall cause the same to be properly filled out
so as to answer fully and ,&rreeiiy~ each' question -therein propounded,
and in case it is unable to answer any question, it shall give a good and
sufficient reason for such failure; and said answer shall be verified
under oath by the president, secretary, superintendent or general manager of such public utility and returned to the Commission at its office
"within the period fixed by the Commission. •
:
Whenever required by the Commission, every public utility shall
deliver to the Commission,- any or all maps, profiles, reports, documents,
books, accounts, papers and records in its possession, or in any way
relating to its property or affecting its business, and inventories of its
property, in such form as the Commission may direct, or verified copies
of any or all of the same.
Every public utility shall obey and comply with each and every re' quirement of every order, decision, direction, rule or regulation made
or prescribed by the Commission in the matters herein specified, or any
other matter in any way relating to or affecting its business as a public
utilit}^ and shall do everything necessary or proper in order, to secure
compliance with and observance of every such order, decision, direction,
rule or regulation by all of its officers, agents and employees.
10.

Definitions.

§ 10. Unless otherwise specified, the word "Commission," when
used in this Act, means the State Public Utilities Commission of Illinois,
which is created and established under the provisions of this Act.
The term "commissioner," when used in this Act means one of the
members of the Commission.
The term "public utility," when used in this Act, means and includes every corporation, company, association, joint stock company or
association, firm, partnership or individual, their lessees, trustees, or
receivers appointed by any court whatsoever (except, however, such
public utilities as are or may hereafter be owned or operated by any
municipality) that now or hereafter:
(a) May own, control, operate or manage, within the State,
directly or indirectly for public use, any plant, equipment or property
used or to be used for or in connection with the transportation of persons
or property or the transmission of telegraph or telephone messages between points within this State; or for the production, storage, transmission, sale, delivery or furnishing of heat, cold, light, power, electricity or water; or for the conveyance of oil or gas by pipe line; or for
the storage or warehousing of goods; or for the conduct of the business
of a wharfinger; or that
(b) May own or control any franchise, license, permit or right to
engage in any such business.
The term "common carrier," when used in this Act, includes all
railroads, street railroads, express companies, private car lines, sleeping
car companies, fast freight lines, steamboat lines and other common
carriers by water, and every corporation, companjr, association, joint
stock company or association, firm, partnership or individual, their
lessees, trustees, or receivers appointed by any court whatsoever; owning,

17
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, tiacks, 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, hold±^<\ 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.
- 3 P U L

18
The term "wharfinger," when used in this Act, includes every corporation, not municipal, or person, their lessees, trustees, or receivers
appointed by any court whatsoever, owning, controlling, operating or
managing any dock, wharf, or structure used by vessels or other water
craft in connection with or to facilitate the receipt or discharge of
freight or passengers within this State.
The term "service," when used in this Act, is used in its broadest
and most inclusive sense, and includes not only the use or accommodation afforded consumers or patrons, but also any product or commodity furnished by any public utility and the plant, equipment, appar.
atus, appliances, property and facilities employed by, or in connection
with, any public utility in performing any service or in furnishing any
product or commodity and devoted to the purposes in which such public
utility is engaged and to the use and accomodation of the public.
The term "rate," when used in this Act, includes every individual
or joint rate, fare, toll, charge, rental or other compensation of any
public utility or any two or more such individual or joint rates, fares,
tolls, charges, rentals or other compensations of any public utility or
any schedule or tariff thereof, and any rule, regulation, charge, practice
or contract relating thereto.
The term "city council," when used in this Act, includes the
mayor and commissioners of cities which have adopted the Commission
form of municipal government and the council of all other cities and
villages.
The term "city," when used in this Act includes all villages.
NOTE.— The Commission has jurisdiction over cold storage warehouses. State
Public Utilities Comm. v. Monarch Refrigerating Co., 267 111. 528.
A mutual telephone association is a public utility, even though it does not
operate for profit, if its service is open, so far as its business extends, to anyone
who is willing to become a member. State Public Utilities Comm. ex rel. Noble
Telegraph. Co. v. Noble Mutual Teleph. Co. et al. 268 111. 411 ; State Public Utilities
Comm. ex rel. Pike County Teleph. Co. v. Noble et al., 275 111. 121; Evansville
Teleph. Co. v. Okaw Valley Mut. Teleph. Ass'n. IV I. P. U. C. 128, P. U. R. 1917-D
730. revd. 282 111. 336 on the ground that since the charter of the association
limits its powers to the operation of the telephone system for its members only it
has no right to serve the public and no right to engage in a public utility business,
and the fact that the association actually does serve the public does not bring
it within the Act. (To this effect see also State Public Utilities Comm. ex rel.
Macon County Teleph. Co. v. Bethany Mutual Teleph. Ass'n., 270 111. 183.) ; Tillage
of La Prairie v. Shilo Teleph. Co. et al., IV I. P. U. C. 135 ; Public Utilities Comm.
v. Edwards Co. Independent Teleph. Ass'n., V I. P. U. C. 1160 ; See also Buncombe
Teleph. Co. v. McGinnis 268 111. 504.
"The question whether a person or corporation is operating a public utility
is determined not by what business it is authorized by its charter to transact, but
by the character of the business which it in fact and practice does transact." Re;
Whitehall Ry. Co., V I. P. TJ. C. 589 ; but see Okaw Valley and Bethany Mutual
cases (282 111. 336 and 170 111. 183) cited above.
J
An individual operating a rural telephone system open to public use is withiiri
the provisions of section 10 of the Act. 4-C Teleph. Cfb. v. Helmer, IV I. P. U. Q.
125, P. U. R. 1917-D 197.
A non-operating telegraph company may be a public utility within the meaning
of the Act. State Public Utilities Comm. v. Western Union Teleph. Co., I l l I. P.
TJ. C. 77. P. U. R. 1916-E 432.
Taxi-cabs have been held not to be within the provisions of the Act. Newcomb' v. Yellow Cab. Co., I l l I. P. TJ. C. 69, P. TJ. R. 1916-B 983; Hughes et al. v.
Atlas Co., I l l I. P. U. C. 71.
Jitney buses plying between regular termini over fixed routes have been held
public utilities. Tri City Ry. Co. v. Bietz, III I. P. TJ. C. 72 ; Quincy R. Co. v. Snyder et al., I'll I. P. TJ. C. 76 but see Re Auto Transportation Co., VI I. P. U. C. 38£
in which the Commission held that it has no jurisdiction over motor vehicles operating outside incorporated cities, villages or unincorporated towns.
"
,
The Commission has taken jurisdiction over motor buses. Re Chicago Stage
Co., V I. P. U. C. 166.
The Commission has jurisdiction over motor freight distributing companies'.
Re Chicago & Interurban Trac. Co., I l l I. P. TJ. C. 81, P. TJ. R. 1916-E 761; R[e
Interurban Motor Despatch, VI I. P. TJ. C. 216.

\

19
The Commission has jurisdiction over a stock yards company operating a
railway. St. Louis National S. Y. v. Illinois R. Co. et al., IV I. P. U. C. 139.
An elevator operated in connection with the private business of buying and
selling grain, and not open for public use is not a public utility. Re Winchester
Farmers' Elevator & Mercantile Co., V I. P. U. C. 569, P. U. R. 1918-E 849.
Team tracks, terminals and spur tracks are within the terms of the Act.
Moline Sand Co. v. Chicago Burlington & Quincy R. Co., IV I. P. U. C. 100 ; Turns
Coal Co. v. Louisville & Nashville R. Co., IV I. P. U. C. 103 ; Paul Kuhn & Co: v.
Louisville & Co. v. Cleveland. Cincinnati, Chicago & St. Louis R. Co., V I. P. U. C.
251..
A switching railway is within the terms of the Public Utilities Act. Re Springfield Terminal Ry. Co., V I. P. U. C. 805 ; E. St. Louis, C. & W. R. Co, v. Pittsburgh, C. C. & St. Louis R. Co., V I. P. U. C. 420, P. U. R. 1918-E 654.
The Commission has exercised jurisdiction over an oil pipe line company. Re
Illinois Pipe Line Co., VI I. P. U. C. 232.
A corporation which renders water service to a municipality and a steam
railroad operating therein, but to no other consumers, is a public utility within the
meaning of the Act. Re Central Illinois Public Service Co., VI I. P. U. C. 288.
ARTICLE II.
EEPOETS AND ACCOUNTS.
11.

Accounts, U n i f o r m System of.

§ 11. The Commission shall have power to establish a uniform
system of accounts to be kept by public utilities or to classify public
utilities and to establish a uniform system of accounts for each class and
to prescribe the manner in which such accounts shall be kept. It may
also, in its discretion, prescribe the forms of accounts to be kept by
public utilities, including records of service, as well as accounts of earnings and expenses, and any other forms, records and memoranda which
in the judgment of the Commission may be necessary to carry out any
of the provisions of this Act. The system of accounts established by the
Commission and the forms of accounts prescribed by it shall not be inconsistent, in the case of corporations subject to the provisions of the
Act of Congress entitled, "An Act to regulate commerce," approved
February fourth, eighteen hundred and eighty-seven, and the Acts amenatory thereof and supplementary thereto, with the systems and forms
from time to time established for such corporations by the Interstate
Commerce Commission, but nothing herein contained shall effect the
power of the Commission to prescribe forms of accounts, for such corporations, with the approval of the Interstate Commerce Commission,
covering information in addition to that required by the Interstate
Commerce Commission. Where the Commission has prescribed the
forms of accounts to be kept by any public utility for any of its business,
it shall thereafter be unlawful for such public utility to keep any
accounts for such business other than those prescribed or approved by
the Commission, or those prescribed by or under the authority of any
other state or of the United States.
The Commission may,, from time to time, altar, amend or repeal, in
whole or in part, any uniform system of accounts, or the forms and
manner of keeping accounts.
NOTE.— Re Lena Electric Light & Power Co. V I. P. U. C. 237, P. U. R. 1918-C
986 ; Re Johnson County Mut. Teleph. Co., I l l I. P. U. C.s 297 ; See General Orders
Nos. 51-54, VI I. P. U. C. 291 and note, and General Orders Nos. 15 & 16.
12.

Other T h a n Public U t i l i t y Business.

§ 12. The Commission may require every public utility engaged
directly or indirectly in any other than a public utility business, as
defined by law, to keep separately in like manner and form the accounts

20

of all such other business, and the Commission may provide for the examination and inspection of the books, accounts, papers and records of
such other business, in so far as may be necessary to enforce any provision of this Act. The Commission shall have power to inquire as to
and prescribe the apportionment of capitalization, earnings, debts and
expenses fairly and justly to be awarded to or borne by the ownership,
operation, management or control of such public utility as distinguished
from such other business.
NOTE.—Each of the several general orders of the Commission prescribing uniform systems of acounts for the divers types of utilities contain the following provision :
"Every utility, or owner or operator of such utility, conducting a business
other than public utility business in connection with the operaton of the public
utility undertaking must keep records showing fully the details of such other
business. The records must be so kept that the records pertaining to the utility
business may be readily separated from those pertaining to other business, in
order that the cost of rendering the utility service, the revenue derived therefrom and the rate of return upon the capital invested in property used in rendering such utility service may be readily ascertained."
13.

Forms of Accounts.

§ 13. Such systems of accounts shall provide for forms showing
all sources of income, the amounts due and received from each source
and the amounts expended and due for each purpose, distinguishing
clearly all payments for operating expenses from those for new construction, extensions and additions; and for balance sheets showing
assets and liabilities and various forms of proprietary interest.
NOTE.—See General Orders Nos 51-54, VI I. P. U. C. 291 and note. General Order No. 54 provides t h a t :
"The accounts, rules, definitions and instructions herein set forth comprise
a system of accounts and records prescribed by the Commission for the use of
all public heating utilities within its jurisdiction. All such utilities are required
to keep their books of account and subsidiary records in conformity with this
system.
"The records of heating utilities shall be kept with sufficient detail to show
fully all facts pertaining to the entries made in the prescribed accounts. The
entries in the general books, when full information is not recorded, must contain
references which unmistakably identify the particular records in which the full
details of such entries are shown. All records must be filed so as to be readily
accessible for examination by representatives of the Commission.
"All records, financial papers, books, vouchers and documents pertaining to
any or all utility's property or its corporate or financial affairs (except certificates
representing retired and cancelled security issues or other papers the destruction
of which may be authorized by order of the Commission) must be permanently
preserved. All other original records must be preserved pending the issuance of
such further order as the Commission shall make in the premises.
"Every heating utility, or owner or operator of such utility, conducting a
business other than public utility business in connection with the operation of the
public utility undertaking must keep records showing fully the details of such other
business. The records must be so kept that the records pertaining to the utility
business may be readily separated from those pertaining to other business, in order
that the cost of rendering the heating utility service, the revenue derived therefrom
and the rate of return upon the capital invested in property used in rendering such
utility service may be readily ascertained."
Each'of the other general orders mentioned contains similar provisions.
14.

Depreciation Accounts.

§ 14. The Commission shall have power, after hearing, to require
any or all public utilities to keep such accounts as will adequately reflect
depreciation, obsolescence and the progress of the arts. The Commission may, from time to time, ascertain and determine and by order fix
the proper and adequate rate of depreciation of the several classes of
property for each public utility; and each public utility shall conform
its depreciation accounts to the rates so ascertained, determined and
fixed.
NOTE.—For Commission holdings on depreciation in general see: Gity of Springfield v. Springfield Gas £ Elec. Go., I l l I. P. U. C. 324, P. U. R. 1916-C 281; Gity

21
of Lincoln v. Lincoln Water & Light Co., IV I. P. U. C. 574, P. U. R. 1917-B 1;
Be Chicago North SJiore & M. R. Co., IV I. P. U. C. 717, P. U. R. 1918-A 388; etc.
Bach of the general orders prescribing uniform systems of accounts for the
several types of utilities contain provision substantially as follows:
"177.

DEPRECIATION RESERVE.

"To this account shall be credited all amounts charged to operating expense
account No. 692, "Depreciation," to provide for accruing depreciation in the utility
plant and equipment; also amounts charged to account No. 413, "Depreciation
Not Covered by Reserves," if any amounts have been charged thereto as provided
in that account. There shall also be credited hereto amounts chargeable to account
No. 411, "Surplus applied to sinking fund and other reserves," representing interest
and income from moneys and investments belonging to the depreciation fund.
"This acount should also be credited with any amount carried in reserve at
December 31, 1918, to cover depreciation on plant and equipment.
"Depreciation on property included in balance sheet account No. 104, "Miscellaneous Physical Property," may be included in this account under a subdivision showing clearly to what property it is applicable.
"When any property is destroyed, sold, or otherwise retired from service, the
cost of such property as carried on the books at the time of retirement should be
charged to this account, less insurance and salvage recovered thereon.
"If the charges to this account on account of property retired exceed the amount
provided herein (due to inadequate charges previously made for depreciation)
there should be charged to account No. 413, "Depreciation Not Covered by Reserves,"
and credited to this account an amount sufficient to provide an adequate reserve.
(See also text of account No. 413.)
"Read carefully the instructions relative to depreciation in the instructions
pertaining to operating expenses, page 99, and instructions pertaining to "Property
Retired," page 52, also the text of account 141, "Depreciation Fund."
"NOTE.—Companies operating more than one utility (electric, gas, heating, or
water) and keeping only one set of balance sheet accounts are required to open
and maintain a separate subaccount for the depreciation reserve of each utility."
15.

Audit and Inspection.

§ 15. The Commission may provide for the examination and
audit all accounts, and all items shall be allocated to the accounts in
the manner prescribed by the Commissioon. The officers and employees
of the Commission shall have authority under the direction of the Commission to inspect and examine any and all books, accounts, papers,
records and memoranda kept by such public utilities.
NOTE.—Each of the general orders prescribing uniform systems of accounts contains the following provision.
"In prescribing this system of accounts, the Commission does not bind itself
to approve any item set out in any account, either as to amount or character, for
rate fixing purposes or when authorizing the issuance of securities. The prescribed system of accounts is designed to set out the facts in connection with the
income, expenditures, etc., and therefrom the Commission will determine, when
engaged in fixing rates or approving isues of securities, just what consideration
shall be given to the various items in the several accounts."
16.

Accounts to be Kept in State.

§ 16. Each public utility shall have an office in one of the cities,
villages or incorporated towns in this State in which its property or
some part thereof is located, and shall keep in said office all such books,
accounts, papers, records and memoranda as shall be ordered by the
Commission to be kept within the State. The address of such office
shall be filed with the Commission. No books, accounts, papers, records,
or memoranda ordered by the Commission to be kept within the State
shall be at any time removed from the State, except upon such conditions as may be prescribed by the Commission.
NOTE.—The Commission granted two telephone companies permission to keep
their books, records, papers and accounts outside the State in consideration of
the resulting economy and efficiency, on condition that such books and papers
would be produced at any place within the State at any time requested by the
Commission and that the Commission would be permitted to inspect them at any
time. Kinlock-Bloomington
Teleph. Co. et al., II I. P. U. C. 109, P. U. R. 1915-B
348 amending conference Rule No. 1. See also Re Southern Bell Teleph. Co., I l l .1. P.
U. C. 238 ; Re City Water Co. of E. St. L. & Granite City et al, III I. P. U. C. 627?
Tfe Southern III L. rf P. Co. et al., IV I. P. U. C. 911; Re Streackfus
Steamboat
Line, IV I. P. U. C. 911.

22
17.

Falsification or Destruction of Accounts.

§ 17. Any person who shall wilfully make any false entry in the
accounts, or in any record or memorandum kept by a public utility, or
who shall wilfully destroy, mutilate, alter, or by any other means or
device falsify the record of any such account, record or memorandum,
or who shall wilfully neglect or fail to make full, true, and correct
entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the public utility, or shall keep
any accounts or record other than those prescribed or approved by the
Commission, shall be guilty of a misdemeanor, and upon conviction, be
subject to imprisonment in the county jail not exceeding one year, or
to a fine not exceeding one thousand dollars, or to both.
NOTE.—See General Order No. 17. Each of the general orders prescribing uniform systems of accounts contains the following provisions:
"All records, financial papers, books, vouchers and documents pertaining to
any or all of the utility's property or its corporate or financial affairs (except
certificates representing retired and cancelled security issues or other papers the
destruction of which may be authorized by order of the Commission) must be permanently preserved. All other original records must be preserved pending the
issuance of such further order as the Commission shall make in the premises.
"The records of (water) utilities shall be kept with sufficient detail to show fully
all facts pertaining to the entries made in the prescribed accounts. The entries
in the general books, when full information is not recorded, must contain references
which unmistakably identify the particular records in which the full details of
such entries are shown. All records must be filed so as to be readily accessible
lor examination by representatives of the Commission."
18.

Penalty for Divulging Information.

§ 18. Any officer or employee of the Commission who divulges
any fact or information coming to his knowledge during the course of an
inspection, examination or investigation of any account, record, memorandum, book or paper of a public utility, except in so far as he may be
authorized by the Commission or by a court of competent jurisdiction,
or a judge thereof,- shall be guilty of a misdemeanor, and upon conviction, be subject to imprisonment in the county jail not exceeding
one year, or to a fine not exceeding one thousand dollars, or to both.
19.

Reports by
Report.

Public

Utilities—Penalties

for

Failure

to

Report—False

§ 19. Each public utility in the State shall each year after the
year 1913 furnish to the Commission, in such form as the Commission
shall require, annual reports as to all the items mentioned in the preceding sections of this article, and in addition such other items, whether
of a nature similar to those therein enumerated or otherwise, as the
Commission may prescribe. Such annual reports shall contain all the
required information for the period of twelve months ending on the
thirtieth day of June in each year, or ending on the 31st day of December in each year, as the Commission may by order prescribe for each
class of public utilities, and shall be filed with the Commission at its
office in Springfield within three months after the close of the year for
which the report is made. The Commission shall have authority to require any public utility to file monthly reports of earnings and expenses
of such utility, and to file other periodical or special, or both periodical
and special reports concerning any matter about which the Commission
is authorized by law to keep itself informed. All reports shall be under
oath.

23

When any report is erroneous or defective or appears to the Commission to be erroneous or defective, the Commission may notify the
public utility to amend such report within thirty days, and before or
after the termination of such period the Commission may examine the
officers, agents, or employees, and books, records, accounts, vouchers,
plant, equipment and property of such public utility, and correct such
items in the report as upon such examination the Commission may find
defective or erroneous.
All reports made to the Commission by any public utility and the
contents thereof shall be open to public inspection, unless otherwise
ordered by the Commission. Such reports shall be preserved in the
office or [of] the Commission.
Any public utility which fails to make and file any report called for
by the Commission within the time specified; or to make specific answer
to any question propounded by the Commission within thirty days from
the time it is lawfully required to do so, or within such further time,
not to exceed ninety days, as may in its discretion be allowed by the
Commission, shall forfeit $100 for each and every day it may so be in
default.
Any person who wilfully makes any false return or report to the
Commission, or to any member, officer or employee thereof, and any
person who aids or abets such person shall, upon conviction, be subject
to imprisonment in the county jail not exceeding one year, or to a fine
not exceeding one thousand dollars, or both.
ARTICLE I I I .
STOCKS AND BONDS—CAPITALIZATION—INTERCORPORATE EELATIONS—
FRANCHISES—VALUATION.
20.

Right to Issue Stocks, Bonds, Etc.

§ 20. The power of public utilities to issue stocks, stock certificates, bonds, notes and other evidences of indebtedness and to create
liens on their property is a special privilege, the right of supervision,
regulation, restriction and control of which is and shall continue to be
vested in the State, and such power shall be exercised by the Commission hereby created according to the provisions of this Act and under
such rules and regulations as the Commission may prescribe.
The Commission shall provide, by serial number or other device to
be placed on the face thereof, for the proper and easy identification of
riuch stocks, stock certificates, bonds, notes and other evidences of indebtedness as may be issued by public utilities under the provisions of
this article.
NOTE.—One utility, may be authorized to issue bonds to purchase property from
another at a price in excess of its value, where better service will result; but the
excess must not be charged to operating expenses or capital and with the expense
of the bond issue must be amortized or charged to profit and loss. Re Tyrone
Electric Co., I l l I. P. U. C. 140, P. U. R. 1916-E 708.
A gas company, upon organization, was permitted to use "$473,700 proceeds
from the sale of stock and bonds for -acquisition of property and construction of
facilities ; $67,928 for engineering, superintendence, omissions, interest during construction, and legal expenses; $50,000 for working capital and development expenses; and $38,372 for organization, promotional, financing and general expenses ; and salaries until operation is begun. Re Southern III. Gas Co.,, Ill I P. U.
C. 192, 574, P. U. R. 1916-C 704.

84
21.

Approval of Securities Issues—Application of Proceeds—Indebtedness for
a Y e a r or Less—Franchises Not to be Capitalized.

§ 21. Subject to the provisions of this Act and of the order of the
Commission issued as provided in this Act, a public utility may issue
stocks and stock certificates, and bonds, notes and other evidences of indebtedness payable at periods of more than twelve months after the date
thereof, for the following purposes and no others, namely: For the acquisition of property, or for the construction, extension or improvement
of or addition to its facilities, or for the discharge or lawful refunding
of its obligations; or for the reimbursement of moneys actually expended
from income or from any other moneys in the treasury of the public
utility not directly or indirectly secured by or obtained from the issue
of stocks or stock certificates, or bonds, notes or other evidences of indebtedness of such public utility, within five years next prior to the filing
of an application with the Commission for the required authorization,
for any of the aforesaid purposes except maintenance of service, replacements and substitutions in cases where the applicant shall have
kept its accounts and vouchers for such expenditures in such manner
BS to enable the Commission to ascertain the amount of moneys so expended and the purposes for which such expenditures were made, and
the sources of the funds in the treasury of the public utility applied
to such expenditures: Provided, that such public utility, in addition
to the other requirements of law, shall first have secured from the Commission an order authorizing such issue and stating the amount thereof
Bnd the purpose or purposes to which the issue or the proceeds thereof
are to be applied, and that, in the opinion of the Commission, the money,
property or labor to be procured or paid for by such issue is reasonably
required for the purpose or purposes specified in the order, and that, except as otherwise permitted in the order in the case of notes or other
evidences of indebtedness, such purpose or purposes are not, in whole
or in part, reasonably chargeable to operating expenses or to income.
To enable it to determine whether it will issue such order, the Commission shall hold a hearing and may make such additional inquiry or
investigation, and examine such witnesses, books, papers, accounts,
documents and contracts and require the filing of such data as it may
deem of assistance. The public utility may be required by the Commission to disclose every interest of the directors of such public utility
in any transaction under investigation. The Commission shall have
power to investigate all such transactions and to inquire into the
good faith thereof, to examine books, papers, accounts, documents and
contracts of public utilities, construction or other companies or of firms
or individuals with whom the public utility shall have had financial
transactions, for the purpose of enabling it to verify any statements
furnished, and to examine into the actual value of property acquired bv,
or services rendered to such public utility. Before issuing its order the
Commission, when it is deemed necessary by the Commission, shall
make an adequate physical valuation of all property of the public utility,
but a valuation already made under proper public supervision may be
adopted, either in whole or in part, at the discretion of the Commission;
and shall also examine all previously authorized or outstanding securi-

25
ties of the public utility, and fixed charges attached thereto. A statement of the results of such physical valuation, and a statement of the
character of all outstanding securities, together with the conditions
under which they are held, shall be included in the order. The Commission may require that such information or such part thereof as it
thinks proper, shall appear upon the stock, stock certificate, bond, note
or other evidence of indebtedness authorized by its order. The Commission may by its order grant permission for the issue of such stock
certificates, or bonds, notes or other evidences of indebtedness in the
amount applied for, or in a lesser amount, or not at all, and may attach
to the exercise of its permission such condition or conditions as it may
deem reasonable and necessary. The Commission may also require the
public utility to compile for the information of its shareholders such
facts in regard to its financial transactions, in such form as the Commission may direct.
No public utility shall, without the consent of the Commission,
apply the issue of any stock or stock certificate, or bond, note or other
evidence of indebtedness, or any part thereof, or any proceeds thereof,
to any purpose not specified in the Commission's order or to any purpose
specified in the Commission's order in excess of the amount authorized
for such purpose, or issue, or dispose of the same on any terms less
favorable than those specified in such order, or a modification thereof.
The Commission shall have the power to require public utilities to
account for the disposition of the proceeds of all stocks and stock certificates, and bonds, notes and other evidences of indebtedness, in such
form and detail as it may deem advisable, and to establish such rules
and regulations as it may deem reasonable and necessary to insure the
disposition of such proceeds for the purpose or purposes specified in its
order.
A public utility may issue notes, for proper purposes and not in
violation of any provision of this Act or any other Act, payable at
periods of not more than twelve months after the date of issuance of the
same, without the consent of the Commission; but no such note shall, in
whole or in part, be renewed from time to time without the consent of
the Commission for an aggregate period of longer than two years, or be
refunded by any issue of stocks and stock certificates, or of bonds, notes
of any term or character or any other evidence of indebtedness, without
the consent of the Commission.
The Commission shall have no power to authorize the capitalization
of the right to be a corporation, or to authorize the capitalization of any
franchise, license, or permit whatsoever or the right to own, operate or
enjoy any such franchise, license, or permit, in excess of the amount
(exclusive of any tax or annual charge) actually paid to the State or
to a political subdivision thereof as the consideration for the grant of
such franchise, license, permit or right; nor shall any contract for consolidation or lease be capitalized, nor shall any public utility hereafter
issue any bonds, notes or other evidences of indebtedness against or as
a lien upon any contract for consolidation or merger.
NOTE.—See Re Illinois
R. 1917-A 816.
—4 P U

Northern

Utilities Co. et at, III I. P. U. C. 107, P. U.

26
SECURITIES ISSUES I N GENERAL.

Re Illinois. Central R. Co., II I. P. U. C. 148, P. U. R. 1915-D 1032 ; Re New
York Central R. Co., II I. P. U. C. 607 abstracted, P. U. R. 1915-D 1024; Re Tyrone
Elec. Co., I l l I. P. U. C. 140, P. U. R. 1916-E 708 ; Re Southern Illinois Gas Co.,
I l l I. P. U. C. 579 abstracted, P. U. R. 1916-C 704; Re Illinois Northern Utilities
Co., I l l I. P. U. C. 107, P. U. R. 1917-A 816.
22.

Consolidation and Reorganization—Capitalization.

§ 22. The capitalization of a public utilities formed by a merger
or consolidation of two or more corporations shall be subject to the
approval of the Commission, but in no event shall the Commission
approve a capitalization exceeding the sum of the capital stock of the
corporations so consolidated, at the par value thereof, and any additional sum actually paid in cash for improvements; nor shall any contract for consolidation or lease be capitalized in the stock of any corporation whatever; nor shall any corporation hereafter issue any bonds
against or as a lien upon any contract for consolidation or merger. In
any reorganization of a public utility, resulting from forced sale, or in
any other manner, the amount of capitalization, including therein all
stocks and stock certificates and bonds, notes, and other evidences of
indebtedness, shall be such as is authorized by the Commission, which
in making its determination, shall not exceed the fair value of the
property involved. Issuance of stocks and stock certificates, and bonds,
notes or other evidences of indebtedness in connection with any consolidation, merger, or reorganization shall be subject to all the terms
of sections 20 and 21 of this Act.
NOTE.—See Re Illinois Northern Utilities Co. et al., I l l I. P. U. C. 107, 1917-A
816, holding that the Commission need not determine the value of the property
of constituent companies in order to authorize a stock issue by the consolidated
companies for the purpose of effecting the consolidation, provided the proposed
issue of securities does not exceed the sum of the par value of the outstanding
securities of the constituent companies; but the Commission may require that the
securities recite that the authorization shall not be taken as a finding of value.
23.

Securities Unlawfully Issued.

§ 23. All stock and every stock certificate, and every bond, note
or other evidence of indebtedness, of a public utility, not payable within
twelve months issued without an order of the Commission authorizing
the same then in effect shall be void, unless issued upon the authority
of any articles of incorporation or amendments thereto, and of a vote of
the stockholders or directors, filed and taken before this Act becomes a
law, and likewise all stock and every stock certificate, and every bond,
note or other evidence of indebtedness of a public utility not payable
within twelve months, issued with the authorization of the Commission,
but not conforming in its provisions to the provisions, if any, which
it is required by the order of authorization of the Commission to contain, shall be void; but no failure in any other respect to comply with
the terms or conditions of the order of authorization of the Commission
shall render void any stock or stock certificate, or any bond, note or
other evidence of indebtedness, except as to a corporation or person taking the same with notice of the failure to comply with the order of the
Commission.
NOTE.—See Conference Rule No. 23, III I. P. U. C. 11.

27
24.

Penalty for U n l a w f u l l y Issuing Securities.

§ 24. Every public utility which, directly or indirectly, issues or
causes to be issued, any stock, stock certificate, bond, note or other
evidence of indebtedness, in non-conformity with the order of the Commission authorizing the same, or contrary to the provisions of this Act,
or which applies the proceeds from the sale thereof, or any part thereof,
to any purpose other than the purpose or purposes specified in the Commission's order, as herein provided, or to any purpose specified in the
Commission's order in excess of the amount authorized for such purpose,
shall upon conviction, be subject to a penalty of not less than five hundred dollars ($500) nor more than twenty thousand dollars ($20,000)
for each offense.
25.

Penalty for False Statement, Etc.

§ 25. Every officer, agent or employee of a public utility, and
every other person who knowingly, authorizes, directs, issues or executes,
causes to be issued or executed, or aids in the issue or execution of any
stock, stock certificate, bond, note or other evidence of indebtedness, in
non-conformity with the order of the Commission authorizing the same,
or contrary to the provisions of this Act; or who, in any proceeding
before the Commission, knowingly makes any false statement or representation, or with the knowledge of its falsity files or causes to be filed
with the Commission any false statement or representation, which said
statement or representation so made, filed or caused to be filed may tend
in any way to influence the Commission to make an order authorizing
the issue of any stock or stock certificate, or any bond, note or other
evidence of indebtedness, or which results in procuring from the Commission the making of any such order, or who, with knowledge that any
false statement or representation was made to the Commission, in any
proceeding, tending in any way to influence the Commission to make
such order, issues or executes or negotiates, or causes to be issued, executed, or negotiated any such stock or stock certificate, or bond, note
or other evidence of indebtedness, or who, directly or indirectly, knowingly applies, or causes or assists to be applied the proceeds or any part
thereof, from the sale of any stock or stock certificate, or bond, note or
other evidence of indebtedness, to any purpose not specified in the Commission's order or to any purpose specified in the Commission's order
in excess of the amount authorized for such purpose, or who, with knowledge that any stock certificate, or bond, note or other evidence, of indebtedness, has been issued or executed in violation of any of the provisions of
this Act, negotiates, or causes the same ta be negotiated, shall, on conviction thereof, be imprisoned in the State penitentiary for a term of not
less than two years and not more than ten years.
26.

No Guaranty of U t i l i t y Securities by State.

§ 26. No provision of this Act, and no deed or act done or performed under or in connection therewith, shall be held or construed to
obligate the State of Illinois to pay or guarantee, in any manner whatsoever, any stock or stock certificate, or bond, note or other evidence of
indebtedness, authorized, issued or executed under the provisions of this

28

Act; nor shall it be held or construed to imply any validation or approval
by the State of past issues, nor that past or future or past and future
issues represent actual value of property owned or to be owned by a
public utility or the value of such property owned or to be owned by
a public utility or the value of such property for rate-making purposes.
NOTE.—Re Illinois Northern Utilities Go. et <il., I l l I. P. U. C. 107, P. U. R.
1917-A 816 where the Commission required a consolidated utility issuing securities
not in excess of the total par value of those of the constituent companies to recite
in such securities that the authorization did not amount to a finding of value.
27.

Intercorporate Relations—Approval of Contracts and* Leases.

§ 27. Unless the consent and approval of the Commission is first
obtained:
(a) No two or more public utilities may enter into contracts with
each other that will enable such public utilities to operate their lines
or plants in connection with each other;
(b) No public utility may purchase, lease, or in any other manner
acquire, control, direct or indirect, over the franchises, licenses, permits
plants, equipment,, business, or other property of any other public
utility;
(c) No public utility may assign, transfer, lease,,mortgage, sell,
or otherwise dispose of or encumber the whole or any part of its franchises, licenses, permits, plant equipment, business, or other property;
but this shall not be construed to prevent the sale, lease, assignment or
transfer by any public utility of any tangible personal property which
is not necessary or useful in the performance of its duties to the public;
(d) No public utility may by any means, direct or indirect, merge
or consolidate its franchises, licenses, permits, plants, equipment, business, or other property, with that of any other public utility;
(e) No public utility may purchase,, acquire take or receive any
stock, stock certificates, bonds, notes or other evidences of indebtedness
of any other public utility. But with the consent and approval of the
Commission, a public utility may purchase, acquire, take, or hold stock,
stock certificates, bonds, notes or other evidences of indebtedness of another public utility.
The proceedings for obtaining the authorization of the Commission
provided for in this section shall be as follows: There shall be filed with
the Commission a petition, joint or otherwise, as the case may be,
signed and verified by the president and secretary of the respective companies, or by the person or company, as the case may be, clearly setting
forth the object and purposes desired, and setting forth the full and complete terms of the proposed assignment, transfer, lease, mortgage purchase, sale, merger, consolidation, contract or other transaction, as the
case may be. Upon the filing of such petition, the Commission shall,
if it deems necessary, fix a time and place for the hearing thereon.
After such hearing, or in case no hearing is required, if the Commission
is satisfied that such petition should reasonably be granted, and that
the public will be conyenienced thereby, the Commission shall make such
order in the premises as it may deem proper and as the circumstances
may require, attaching such conditions as it may deem proper, and
thereupon it shall be lawful to do the things provided for in such order.

29
The Commission shall impose such conditions as will protect the interests of minority and preferred stockholders.
Every assignment, transfer, lease, mortgage, sale, or other disposition or encumbrance of the whole or any part of the franchises,
licenses, permits, plant, equipment, business or other property of any
public utility, or any merger or consolidation thereof, and every contract,
purchase or stock, or other transaction referred to in this section, made
otherwise than in accordance with an order of the Commission authorizing the same, except as provided in this section shall be void.
NOTE.—The Commission has jurisdiction over all intercorporate contracts between utilities. Re Quincy Gas, Elec. & H. Go. et al., III I. P. U. C. 98.
See also Western Illinois Teleph. Go. et al., V I. P. U. C. 1; Stark County
Power Go. et al, V. I. P. U. C. 63, P. U. R. 1918-A 224; Public Utilities Gomm. v.
Xenia Elec. L. Go., V I. P. U. C. 547.
Section 27 of the Act is not in violation of section 22 of Act IV of the State
constitution. State Public Utilities Gomm. ex rel. Klaw et al. v. Romberg 275 111.
432.
As to the exercise of the Commission's jurisdiction over leases see Re Chicago
Telegh. Go., II I. P. U. C. 676 abstracted, P. U. R. 1915-A 596 ; Re Sidel & Olney
R. Go., I l l I. P. U. C, 625 abstracted; etc.
As to the exercise of the Commission's jurisdiction over the purchase and sale
of utilities see Re Public Service Go. of N. Illinois et al., II I. P. U. C. 120, P. U. R.
1915-B 353; Re Receivers Central Union Teleph. Co. et al., I l l I. P. U. C. 127; Re
Tyrone Elec. Co. et al., I l l I. P. U. C. 140, P. U. R. 1916-E 708 ; Re Coon Bros
Teleph. Co. et al., V I. P. U. C. 302; etc.
A telephone company, under this section of the Act, has no right, unless the
consent of the Commission is first obtained, to disconnect the lines of another
company from the lines of a third company and connect them with its own, even
though the second had never merged with the third company but had in fact, maintained a separate and distinct organization of its own and had never parted with
the ownership of its lines and equipment. Thompson v. Pearl City Ind. Teleph. Co.,
II I. P. U. C. 85, P. U. R. 1915-B 950.
28.

T r a n s f e r of Franchise or License—Foreign
L a w to.

Corporations—Application

of

§ 28. J T franchise, license, permit or right to own, operate,
So
manage or control any public utility, except common carriers engaged
in interstate commerce and except telegraph or telephone companies engaged in interstate commerce, shall be hereafter granted or transferred
to any grantee or transferee other than a corporation duly incorporated
under the laws of this State.
No public utility shall be in any manner exempt from the provisions of this Act because or by virtue of the fact that it may be or may
have been incorporated or organized under the laws of another state,
or of the United States, or of a foreign country. (As amended June
26, 1917.)
432.
29.

NOTE.— State Public Utilities Gomm. ex rel. Klaw et al. v. Romberg
Transfer of Franchises—Approval

275' 111.

of.

§ 29. No franchise, license, permit or right to own, operate,
manage or control any public utility shall be assigned, transferred or
leased nor shall any contract or agreement with reference to or affecting
any such franchise, license, permit or right be valid or of any force
or effect whatsoever, unless such assignment, lease, contract or agreement shall have been approved by the Commission. Such permission
shall not be construed to revive or validate any lapsed or invalid franchise, license, permit or right, or to enlarge or add to the powers and
privileges contained in the grant of any franchise, license, permit or
right, or to waive any forfeiture.
NOTE.—The alignment of a franchise by one telephone company to another
without the consent and approval of the Commission as provided by this session

30
does not carry with it any right to install, operate or maintain a telephone exchange by the assignee. Pitcher Teleph. CO. v. Steele Teleph. Co., II I. P. U. C.
112, P. U. R. 1915-B 654.
30.

Valuation of U t i l i t y Property.

§ 30. The Commission shall have power to ascertain the value of
the property of every public utility in this State and every fact which
in its judgment may or does have any bearing on such value. In making such valuation the Commission may avail itself of any information,
books, documents, or records in the possession of any officer, department
or board of the State or any subdivision thereof. The Commission
shall have power to make revaluation from time to time and also to
ascertain the value of all new construction, extensions, and additions
to the property of every public utility.
VALUATION I N

GENERAL.

Lake Forest v. Lake Forest Water Co., II I. P. U. C. 570, P. U. R. 1915-D
1008; City of Belleville v. St. Clair County Gas & Elec. Co., II I. P. U. C. 346,
P. U. R. 1915-P 235, P. U. R. 1915-P 783, P. U. R. 1916-B 24; City of Springfield
v. Springfield Gas & Flee. Co., I l l I. P. U. C. 324, P. U. R. 1916-C 281; Re De
Kalb County Teleph. Co., I l l I. P. U. C. 432 ; Be Bucher, III I. P. U. C. 449, P. U.
R. 1916-F 501; Woll v. Hullinger, III I. P. U. C. 463, P. U. R. 1916-D 380; City
of Lincoln v. Lincoln Water & Light Co., IV I. P. U. C. 574, P. U. R. 1917-B 1;
Re Chicago North Shore & M. R. Co., IV I. P. U. C. 717, P. U. R. 1918-A 388 ; City
of Pekin v. Pekin Water Wor\ks Co., IV I. P. U. C. 784, P. U. R. 1917-C 838 ; Piercy
v. Citizens' Gas, Flee, & H. Co., V I. P. U. C. 340 ; City of Peoria v. Central Union
Teleph. Co., V I. P. U. C. 505, P. U. R. 1918-E 74; etc.
The Commission may give a higher value to the property of a utility than that
fixed by the utility company itself. Re Oblong Gas Co., I l l I. P. U. C. 401, P. U.
R. 1915-A 598.
31.

Fees for Issuance of Stocks and Bonds.

§ 31. The Commission shall charge every public utility receiving
permission under this Act for the issue of bonds, notes and other evidences of indebtedness an amount equal to ten cents for every hundred
dollars of such securities authorized by the Commission, and the same
shall be paid into the State treasury before any such securities shall be
issued. Provided that no public utility shall be required to pay any fee
for permission granted to it by any such commission in any of the following cases:
(1) To guarantee bonds or other securities.
(2) To issue bonds, notes or other evidences of indebtedness
issued for the purpose of converting, exchanging, taking over, refunding,
discharging or retiring any bonds, notes or other evidences of indebtedness except:
(a) When issued for an aggregate period of longer than two years
for the purpose of converting, exchanging, taking over, refunding, discharging or retiring any note, or renewals thereof, issued without the
consent of such State Public Utilities Commission of Illinois or such
Public Utilities Commission.
(b) When issued for the purpose of converting, exchanging, taking over, refunding, discharging or retiring bonds, notes or other evidences of indebtedness issued prior to January 1, 1914, and upon which
no fee has been previously paid. (As amended June 29, 1917.)
NOTE.—Provisions of this section applied in Re Chicago Great Western
R.
Co., II I. P. U. C. 598, P. U. R. 1915-A 800; Re Peoria Ry., II I. P. U. C. 604,
P. U. R. 1915-A 804; etc.

31
ARTICLE IV.
BATES AND SERVICE—ACCIDENTS.
32.

General Duties of Public Utilities.

§ 32. All rates or other charges made, demanded or received by
any public utility, or by any two or more public utilities, for any product
or commodity furnished or to be furnished or for any service rendered
or to bo rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded or received for such product or commodity or service is hereby prohibited and declared unlawful.
Every public utility shall furnish, provide and maintain such
service, instrumentalities, equipment and facilities as shall promote the
safety, health, comfo'rt and convenience of its patrons, employees, and
the public and as shall be in all respects adequate, efficient, just and
reasonable.
All rules and regulations made by a public utility affecting or pertaining to its charges or service to the public shall he just and reasonable.
NOTE.—See General Order No. 30, IV I. P. U. C. 10 ; Western Union Teleg. Co.
v. Chicago Teleph. Co. et al., IV I. P. U. C. 92 ; 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. Conference Rule No. 13.
New York Central R. Co. v. Stevenson 277 111. 474 holds that this section re 1
peals by implication so far as public utility corporations are concerned, the former
statutory provisions for the payment of fees for issuance of or for increasing th©
capital stock of corporations; that under the provisions of the Public Utilities Act
the fees for issuing* capital stock of public utilities should be paid to the Commission and not to the Secretary of State.
See also State Public Utilities Comm. v. Chicago, M. & St. P. Ry. Co., 287 111.
412, 417.
RATES, I N GENERAL.

The Commission by issuing- an order requiring a utility to file a rate schedule
does not in any way fix the rates to be charged by the company even though such
order is preliminary to an order fixing rates. State Public Utilities Comm. v.
Monarch Refrigerating Co., 267 111. 528.
The Commission has power to regulate rates for transportation between two
points within the State which is purely local in character, although the carrier may
perform similar services with respect to interstate transportation. Chicago M. <&
St. P. R. Co. v. State Public Utilities Comm., 268 111. 49.
It is not the general policy of the Commission to inquire, on its own initiative,
into the reasonableness of a contract for service between municipalities and utilities entered into prior to the taking effect of the Public Utilities Act. Re Tampico
Farmers' Mut. Teleph. Co., II I. P. U. C. 740, P. U. R. 1915-A 24.
Upon the application of a telephone company for permission to change its rates
to eliminate discrimination in favor of stockholders, and to increase its revenue, the
Commission will not consider the effect of the proposed charge upon the revenues
of a competing company. Re Calhoun Farmers' Co-op. Teleph. Co. II I. P. U. C
508, P. U. R. 1915-C 93.
A retroactive reduction in rates cannot be made without an order of the
Commission. Re Central Illinois Public Service Co., I l l I. P. U. C. 295, P. U. R.
1916-B 922.
Electric rates cannot be shown to be excessive merely by comparison with
rates in another village having three times the population and nine times the consumption and revenue. McClanahan v. TW-County L. & P. Co., I l l I. P. U. C. 477,
P. U. R. 1916-D 187.
The Commission ordered a reduction in electric rates although the company
was not making a fair return, where it appeared that increased consumption would
follow such a reduction. Woll v. Hullinger III I. P. U. C. 463, P. U. R. 1916-D 380.
Rates increased before the effective date of the Public Utilities Act may be
filed after that date without the consent of the Commission. State Public Utilities
Comm. ex rel. Mitchell v. Chicago & W. T. R. Co., 275 111. 555.
A rate fixed by the Commission after a hearing must be based upon the evidence presented to the Commission. State Public Utilities Comm. v. Atchison T.
& S. Fe. R. Co., 279 111. 194.
On a complaint against the reasonableness of rates increased before but filed
after the effective date of the Public Utilities Act the Commission is without power
to order a return to the old fares pending a determination of the reasonableness
of the new. State Public Utilities Comm. ex rel Mitchell v. Chicago & W. T. R.
Co., 275 111. 555
The Commission has no power to suspend rates before the hearing and taking
of evidence where they had been duly filed with the Railroad and "Warehouse Com-

32
mission and were lower than the maximum prescribed by law State Public Utilities Gdmm. v. Atchison T. & St. Fe. R. Co., 279 111. 194.
The Commission may require the establishment of joint freight rates between
any two points in the State although the services rendered by the intermediate and
delivering carriers are wholly within the switching district of a city, where it
appears that the movement in some instances may be nearly as great as that
covered by a line haul. State Public Utilities Gomm. ex rel. Am. Sand Go. v.
Chicago & Northwestern Ry. Go., 279 111. 110.
The Maximum Fare Law does not prevent the Commission from fixing a rate
less than two cents a mile for a company organized under the Railroad Act. State
Public Utilities Gomm. ex rel. Mitchell v. Chicago & W. T. Ry, Go.3 275 111. 555.
The Public Utilities Act is not unconstitutional in granting the Commission
power to fix street railway fares. State Public Utilities Gomm. ex rel. Mitchell v.
Chicago & W. T. Ry. Co., 275 111. 555.
The provisions of the Public Utilities Act requiring a hearing before rates can
be increased are not applicable to the first rate schedule filed by a utility. Danvers
Teleph. Co. v. Garlock Farmers' Teleph. Go. V I. P. U. C. 16, P. U. R. 1918-A 235.
SERVICE, I N GENERAL.

The Commission has power to require a railroad to construct and maintain a
depot in any town or village of 200 or more inhabitants. State Public Utilities
Gomm. ex rel. Beck v. Toledo. St. L. & W. R. Co., 267 111. 93.
The Commission has authority to permit a utility to discontinue service. Re
Central III. Public Service Co., I l l I. P. U. C. 93, P. U. R. 1916-B 920; etc.
The Commission has no power to require an electric consumer to repair or
maintain his service line connecting with a transmission line. Abbott L. & P. Co,
v. Parks, III I P. U. C. 96, P. U. R. 1916-D 1093.
The Public! Utilities Act is not unconsitiutional in that it grants the Commission power to regulate street car service within a municipality. Chicago V.
O'Connell et al. 278 111* 591.
The Commission has no power to regulate the practice of passengers boarding
street cars in dirty working clothing and without washing their hands or faces.
State Public Utilities Gomm. v. Centralia Trac. Co., IV I. P. U. C. 154, P. U. R.
1917-F 806.
ACCIDENTS., I N GENERAL.

State Public Utilities Comm. v. Chicago M. Flee. R. Co., I l l I. P. U. C. 254 ;
State Public Utilities Comm. v. Illinois Midland Ry. Co., I l l I. P. U. C. 253 ; etc.
33.

Filing Schedule of Rates.

§ 33. Every public utility shall file with the Commission* and shall
print and keep open to public inspection schedules showing all rates and
other charges, and classifications, which are in force at the time for any
product or commodity furnished or to be furnished by it, or for any
service performed by it, or for any service in connection therewith, or
performed by any public utility controlled or operated by it. Every
public utility shall file with and as a part of such schedule and shall
state separately all rules, regulations, terminal, icing, storage or other
charges, privileges and contracts that in any manner affect the rates
charged or to be charged for any service. Such schedule shall be filed
for all services performed wholly or partly within this State, and the
rates and other charges and classifications shall not, without the consent
of the Commission, exceed those in effect on July 1, 1913. But nothing
in this section shall prevent the Commission from approving or fixing
rates or other charges or classifications from time to time, in excess of or
less than those shown by said schedules.
Where a schedule of joint rates or other charges, or classifications
is or may be in force between two or more public utilities such schedules
shall in like manner be printed and filed with the Commission, and so
much thereof as the Commission shall deem necessary for the use of the
public shall be filed in every station or office of such public utility in
accordance with the terms of section 34 of' this Act. TJnless otherwise
ordered by the Commission a schedule showing such joint rates or other
charges, or classification need not be filed with the Commission by more
than one of the parties to it: Provided, that there is also filed with the

33

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 tlfe 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. Illlinois, IV I. P. U. C. 321, P. U. R.
1917-B 53 ; Village of Palestine v. Oblong Gas Co., V I. P. U. C. 10.
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. State
Public Utilities Comm. v. Monarch Be frig. Co., 267 111. 528.,
34.

Publication and Posting of

Schedules.

§ 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 casa 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. I l l I. P. U. C. 11.

34
35.

No Service to be Rendered U n t i l 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.—Gooh v. Public Service Go. of N. Illinois, IV I. P. U. C. 321, P. U. R.
1917-E 53 ; Conference Rule No. 23, III I. P. U. C. 1 1 ; Danvers Teleph. Go. v. Garlock Farmers' Teleph. Go., 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.
JSTo 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 go 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 rcgu-

35
lation shall not go into effect: Provided, that the period of suspension
of such rate or other charge, classification, contract practice, rale 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.s 275 111. 555.
See Re Rock ford Flee. 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 I. 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.,
II I. P. TJ. 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 III. Grain Dealers Assn.
et al. v. Atchison, Topeka & St. Fe. Ry. Co. et at. 278 111. 58 ; State Public Utiliities Comm. ex rel. Turnbull v. Chicago, Peoria & St. Louis R. Co., 282 111. 158.
37.

Charging More or Less T h a n 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

36

any facility or privilege .except such as are regularly and uniformly extended to all corporations and persons.
NOTE.—See Be Tampieo Farmer's Mutual Teleph. Co., II I. P. U. C, 740, P. U.
R. 1915-A 24; Be Citizen's Mutual Teleph. Co., II I. P. U. C. 510, P. U. R. 1915-C
99; etc
See also Hite v. Cincinnati, Indianapolis d W. B. Co. 284 111. 297.
38.

Discrimination Forbidden.

§ 38. ISTo 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 or
person to any prejudice or disadvantage. J T public utility shall esNo
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.
NOTH.—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. Termnial
B. Ass'n. of St. Louis et al., 281 111. 181.
39.

Discrimination—Rebates—Free Transportation—Exchange
tation for Advertising-—Prior T r a n s f e r of Real Estate.

of

Transpor-

§ 39. E~o public utility, or any officer or agent thereof, or any
person acting for or'employed by it, shall directly or indirectly, by any
device or means whatsoever, suffer or permit any corporation or person
to obtain any service, commodity, or product at less than the rate or
other charge then established and in force as shown by the- schedules
filed and in effect at the time. No person or corporation shall, directly
or indirectly, by any device or means whatsoever, whether with or without the consent or connivance of a public utility or any of its officers,
or employees, seek to obtain or obtain any service, commodity, or product at less than the rate or other charge then established and in force
therefor: Provided, however, that nothing in this Act contained shall
be construed to prevent any railroad or transportation company from
selling or granting transportation or transportation privileges to the
owner or owners of any newspaper or magazine of general circulation
in payment of or in exchange for advertising space in such newspaper
or magazine, at the full value thereof. And, provided, further, that
nothing in this Act contained shall be construed to prevent the issuance
of free or reduced transportation by any street railroad corporation to
mail carriers, policemen and members of fire departments: And, provided, further, that if prior to June 30, 1913, any real estate or other
tangible property shall have been sold or transferred to any public
utility or public service corporation, or, if before that date, any obligation
of any public utility or public service corporation created in consideration of the transfer to it of any real estate or other tangible property,
. shall have been released or cancelled, upon consideration in whole
or in part of an agreement by such public utility or public service corporation expressed in writing to render any service, or furnish any
commodity or product in the future to the party or parties making such

37

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 I I P. U. C.
241.
40.

Long and Short H a u l — C o m m o n

Carriers, Telephones, Telegraph, Etc.

§ 40. JSTo 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
eases, 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 Act 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.—Be Elgin Merchants' Light Co., I l l I. P. U. C. 509 ; Re Central III.
Public Service Co., I l l I. P. U. C. 548 ; Re Central III. Public Service Co., I l l I. P.
U. C. 553 ; Moline Sand Co v. Chicago B. & Q. R. Co., IV I. P. U. C. 100.
41.

Commission to F i x 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,

38

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
iwhole 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.
N O T E . — R e Public Service Co. of N. Illinois, V I. P . U. C. 435, P . U . R. 1918-D
2 4 0 ; RocJcford Elec. Co., I V 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., 275 111. 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

39
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 Go. v. Chicago B. & Q. B. 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. By. Co., 279 111. 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-

40

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., I l l 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. em rel. Alton Bd. of Trade v. Cleveland,
C. C. & St. Louis Ry. Co. 285 111. 184 ; State Public Utilities Comm. ex rel. Am.
Sand & Gravel Co. et al. v. Chicago & N. W. Ry. Co., 279 111. 110.
45.

Side T r a c k Connections—Jurisdiction Over.

§ 45. Every railroad company, upon the application of any corporation or person, being a shipper or receiver or contemplated snipper
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

41
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., I l l I. P. U. C. 304;
Turns Coal Co. v. Louisville & Nashville R. Co.t IV I. P. U. C. 103.
Farmers' Eelevator Co. of Yotkville et al v. Chicago R. I. & Pac. Ry. Co., 226
111. 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., 277 111. 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 Telepfo. Exchange IV I. P. U.
C. 329 ; Citizens of Aledo v. People's Teleph. Co. and Home Mutual Teleph. Co.,
I l l I. P. U. C. 43 ; Galesburg Union Teleph. Co. v. Farmington. Co., I l l 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,

42
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., Ill 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., V" I. P. U. C. 10 ; Dexter Baber
V.Cleveland, C. C. d 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

43
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
111. 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., 278 111. 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 S e r v i c e — H e a r i n g .

§ 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 ear, 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 T r a f f i c — D e m u r r a g e — S t o r a g e — S w i t c h ing—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, lioivever, 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.

44

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., I l l I. P. U. C. 260 ; Dexter Baber v. Cleveland, C. G. & 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., 281 111. 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 rales 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

45
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 YI 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. ISTo 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

46

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.—^-a Teleph. Co. v. Helmer IV I. P. U. C. 125, P. U. P . 1917-D 197;
Chicago Teleph. Co. v. Postal Teleg.-Cable Go. 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. U. C. 191, P. U. R. 1917-B 464 ;^Re Schradermeyer V I. P. U. C. 134.
See State Public Utilities Comm. ex rel Chicago Teleph. Co. v. Postal Telegraph-Cable Co., 285 111. 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.
275 111. 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., 282 111. 33^.
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. 7 1 ; General Order No. 44,
IV I. P. U. C. 73 ; State Public Utilities Comm. v. Chicago & M. Flee. R. Co., I l l I.
P. U. C. 254; etc.

47
57.

Safety of Plant, Appliances, Railroad Track, Etc.

§ 5 7 . The Commission shall have power, after a hearing and upon
its own motion or upon complaint, by general or special orders, rules or
regulations, 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
things, 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
Trac. Co. et al., IV I. P. U. C. 110.
58.

Central

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

48
installation, operation, maintenance, use and protection of each such
grade crossing.
The Commission shall also have power, after a hearing, to alter or
abolish any grade crossing, heretofore or hereafter established, when in
its opinion the public safety requires such alteration or abolition; or to
require a separation of grades at such crossing; or to require a separation of grades at any proposed crossing where a proposed public highway
may cross the tracks of any railroad or railroads; and to prescribe, after
a hearing of the parties, the terms upon which such separation shall be
made and the proportions in which the expense of the alteration or
abolition of such crossings or the separation of such grades shall be
divided between the railroad or street railroad companies affected, or
between such companies and the State, county, municipality or other
public authority in interest: Provided, that nothing in this Act shall be
construed to repeal an Act in relation to the crossing of one railroad by
another, approved May 25, 1907, and in force July 1, 1907.
The Commission shall also have power by its order to require the
construction, alteration, relocation or improvement of any crossing
(including the necessary highway approaches thereto) of any railroad
across any highway or public road, whether such crossing be at grade or
by overhead structure or by subway, whenever the Commission finds
after a hearing that such reconstruction, alteration, relocation or improvement is necessary to preserve or promote the safety of the public
or of the employees or passengers of such railroad. By its original order
or supplemental orders in such case, the Commission may direct such
reconstruction, alteration, relocation or improvement to be made in
such manner and upon such terms and conditions as may be reasonable
and necessary, and may apportion the cost of such reconstruction, alteration, relocation or improvement between the railroad company or companies and other public utilities affected, or between such company or
companies and other public utilities and the State, county, municipality,
or other public authority in interest. The cost to be so apportioned
shall include the cost of changes or alteration in the equipment of other
public utilities affected as well as the cost of the relocation, diversion or
establishment of any public highway, made necessary by such reconstruction, alteration, relocation or improvement of said crossing.
Whenever the Commission, after a hearing, shall find it necessary
for the reconstruction, alteration, relocation or improvement of any
such crossing or its necessary approaches as aforesaid, or for the abolishment of any such crossing, to relocate, divert or establish any highway or
public road, or to acquire additional property for any such purpose, it
may direct the railroad company or companies to acquire, and the railroad company or companies shall acquire, the necessary additional
property for'such purposes by purchase or, when the price to be paid can
not be agreed upon with the owner thereof, in the manner provided by
the law of eminent domain; or the Commission may certify such finding
to the highway commissioners of the town or road district concerned.
Every railroad company operating in the State of Illinois shall construct
and maintain every highway grade crossing over its tracks within the
State so that the roadway at the intersection shall be flush with the

49
rails, and, unless otherwise ordered by the Commission, shall construct
and maintain the approaches thereto at a grade of not more than five
(5) per cent within the right of way for a distance of not less than
twenty-five (25) feet on each side of such tracks; provided that the
grades at the approaches may be maintained in excess of five (5) per
cent only when authorized by the Commission.
Every railroad operating Avithin the State of Illinois shall remove
from its rights of way at all grade crossings within the State, all brush,
shrubbery and trees for a distance of not less than five hundred feet
(500) in either direction from each grade crossing.
On or before December 1, 1918, every railroad operating within
the State of Illinois shall furnish, erect and thereafter maintain in a
conspicuous place at every grade crossing on its lines in this State outside of incorporated cities and villages, on both sides of the tracks
except when otherwise ordered and at such points as directed by the
Public Utilities Commission, within the right of way of such railroad,
at grade crossings not designated as extra hazardous by the Commission
such standard signs as the Public Utilities Commission shall determine.
At all such grade crossings in the State as may be designated by
the Commission as extra hazardous, but at no others, every railroad
operating within the State of Illinois shall, within thirty days after the
issuance of an order by the Public Utilities Commission directing it so
to do, erect and thereafter maintain such standard stop signs as said
Commission shall determine are necessary, provided that no such stop
shall be ordered or permitted by the Commission where there is a clear
view from the highway of approaching trains on such railroad trucks
(tracks) for at least five hundred feet (500) in each direction from the
crossing at all points on the highway within a distance of two hundred
(200) feet of such crossing. The Commission shall have power to
require such signs to be lighted at night or to be accompanied by red
warning lights whenever in the opinion of the Commission such additional precautions are reasonably necessary for the public safety.
Any person who unlawfully removes, throws down, injures or defaces any sign required in this section, shall be liable to a fine of not less
than ten dollars ($10.00) nor more than one hundred dollars ($100.00)
for each offense.
(As amended June 29, 1917.)
NOTE.—General Order No. 55, "VI I. P. U. C. 293; Re Wabash Chester &
Western R. Go. et al., I l l I. P. U. C. 49 ; Illinois Gent. R. Go. v. Gity of Decatur
III I. P. U. C. 241, P. TJ. R. 1916-A 987; State Public Utilities Comm. v. Illinois
Central R. Go., IV I. P. U. C. 249 ; Re Missouri Pacific R. Cory., V I. P. U. C. 456.
Chicago, Burlington <& Quincy R. Co. v. Gavanagh et al.s 278 111. 609 holds that
under section 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 emiment domain to acquire the necessary lands upon which to construct the
new crossing.
59.

E m i n e n t Domain.

§ 59. When necessary for the construction of any alterations, additions, extensions or improvements ordered or authorized under sections
50 or 58 or subdivision two (2) of section 81 of this Act, any public
utility may enter upon, take or damage private property in the manner
provided for by the law of eminent domain.
NOTE.—Re Public Service Co. of Northern Illinois III I. P. U. C. 229 ;
ville Water Co. v. Madison County L. & P. Co., VI I. P. U. C. 113.

—4 P U L

Edwards-

50
ARTICLE V.
PROCEEDINGS BEFORE THE COMMISSION AND IN THE COURTS.
60. Investigations and Hearings.

§ 60. The Commission, or any commissioner, or officer of the*
Commission designated by the Commission, shall have power to hold
investigations, inquiries and hearings concerning any matters covered by
the provisions of this Act, or by any other Acts relating to public utilities, subject to such rules and regulations as the Commission may establish. In the conduct of any investigation, inquiry or hearing neither
the Commission nor any commissioner or officer of the Commission shall
be bound by the technical rules of evidence, and no informality in any
proceeding or in the manner of taking testimony before the Commission,
any commissioner or an officer of the Commission shall invalidate any
order, decision, rule or regulation made, approved, or confirmed by the
Commission. All hearings conducted by the Commission shall be open
to the public.
Each commissioner, the secretary of the Commission, and every
officer of the Commission designated by it to hold any inquiry, investigation or hearing, shall have power to administer oaths and affirmations,
certify to all official acts, issue subpoenas, compel the attendance and
testimony of witnesses, and the production of papers, books, accounts
and documents.
The words "public hearing" mean the right to appear, give evidence and to
hear and examine witnesses whose testimony is presented. Farmers' Elevator Go.
of Yorkville v. Chicago, R. I. & Pacific By. 266 111. 567.
61.

Testimony—Immunity of Witnesses.

§ 61. No person shall be excused from testifying or from producing any papers, books, accounts or documents in any investigation or
inquiry or upon any hearing ordered by the Commission, when ordered
to do so by the Commission or any commissioner, or officer of the Commission, upon the ground that the testimony or evidence, documentary
or otherwise, may tend to incriminate him or subject him to a penalty
or forfeiture. But no person shall be prosecuted or subjected to any
penalty or forfeiture for or on account of any transaction, matter or
thing concerning which he may testify or produce evidence, documentary
or otherwise, before the Commission or a commissioner or an officer of
the Commission: Provided, that such immunity shall extend only to a
natural person, who in obedience to a subpoena, gives testimony under
oath or produces evidence, documentary or otherwise under oath. No
person so testifying shall be exempt from prosecution and punishment
for perjury committed in so testifying.
62-

Attendance of Witnesses—Production of Papers.

§ 62. All subpoenas issued under the terms of this Act may be
served by any person of full age. The fees of witnesses for attendance
and travel shall be the same as fees of witnesses before the Circuit
Courts of, this State, such fees to be paid when the witness is excused
from further attendance, when the witness is subpoenad at the instance
of the Commission or any commissioner; and the disbursements made in
the payment of such fees shall be audited and paid in the same manner

61
as are other expenses of the Commission. Whenever a subpoena is issued
at the instance of a complainant, respondent, or other party to any proceeding before the Commission, the Commission may require that the
cost of service thereof and the fee of the witness shall be borne by the
party at whose instance the witness is summoned, and the Commission
shall have power, in its discretion, to require a deposit to cover the cost
of such service and witness fees and the payment of the legal witness
fee and mileage to the witness when served with subpoena. A subpoena
issued as aforesaid shall be served in the same manner as a subpoena
issued out of a court of record.
Any person who shall be served with a subpoena to appear and
testify, or to produce books, papers, accounts or documents, issued by the
Commission or by any commissioner or officer of the Commission, in
the course of an inquiry, investigation or hearing conducted under any
of the provisions of this Act, and who shall refuse or neglect to appear,
or to testify, or to produce books, papers, accounts and documents relevant to said inquiry, investigation or hearing as commanded in such
subpoena, shall be guilty of a misdemeanor.
Any Circuit Court of this State, or any judge thereof, either in
term time or vacation, upon application of the Commission, or a commissioner or officer of the Commission, may, in his discretion, compel the
attendance of witnesses, the production of books, papers, accounts and
documents, and the giving of testimony before the Commission, or before
any such commissioner or officer, by an attachment for contempt or
otherwise, in the same manner as production of evidence may be compelled before said court.
The Commission or a commissioner or any officer of the Commission
or any party may in any investigation or hearing before the Commission,
cause the deposition of witnesses residing within or without the State
to be taken in the manner prescribed by law for like depositions in civil
actions in the courts of this State and to that end may compel the
attendance of witnesses and the production of papers, books, accounts,
and documents.
The Commission may require, by order served on any public utility
in the manner provided herein for the service of orders, the production
within this State at such time and place as it may designate, of any
books, accounts, papers or documents kept by any public utility operating
within this State in any office or place without this State, or, at its
option, verified copies in lieu thereof, so that an examination thereof
may be made by the Commission or under its direction.
63.

Right to Inspect Books and Property and Examine Agents of
Utilities.

Public

§ 63. The Commission, each commissioner and each officer and
person employed by the Commission shall have the right, at any and all
times, to inspect the papers, books, accounts and dqcuments, plant,
equipment or other property of any public utility, and the Commission,
each commissioner and any officer of the Commission authorized to
administer oaths shall have power to examine under oath any officer,
agent or employee of such public utility in relation to any matter within
the jurisdiction of the Commission: Provided, that any person other

52
than a commissioner demanding such inspection shall produce under the
seal of the Commission his authority to make such inspection: And,
provided, further, that a written record of the testimony or statement so
given under oath shall be made and filed with the Commission. Information so obtained shall not be admitted in evidence or used in any
proceeding except in proceedings provided for in this Act.
64.

Complaints—Notice.

§ 64. Complaint may be made hj the Commission, of its own
motion or by any person or corporation, chamber of commerce, board of
trade, or any industrial, commercial, mercantile, agricultural or manufacturing society, or any body politic or municipal corporation by petition or complaint in writing, setting forth any act or thing done or
omitted to be clone in violation, or claimed to be in violation, of any
provision of this Act, or of any order or rule of the Commission. All
matters upon which complaint may be founded may be joined in one
hearing, and no motion shall be entertained against a complaint for
misjoinder of complaints or grievances or misjoinder of parties; and in
any review by the courts of orders of the Commission the same rule shall
apply and pertain with regard to the joinder of complaints and -parties
as herein provided. No complaint shall be dismissed because of the
absence of direct damage to the complainant.
Upon the filing of a complaint the Commission shall cause a copy
thereof to be served upon the person or corporation complained of, which
shall be accompanied by a notice requiring that the complaint be satisfied and answered within a reasonable time to be specified by the Commission, or within the discretion of the Commission, by a notice fixing
a time when and place where a hearing will be had upon such complaint.
Notice of the time and place shall also be given to the complainant and
to such other persons as the Commission shall deem necessary. The
Commission shall have authority to hear and investigate any complaint,
not withstanding the fact that the person or corporation complained of
may have satisfied the complaint.
The time fixed for such hearing shall not be less than ten days after
the date of the service of such notice and complaint except as herein
provided. Service in all hearings, investigations, and proceedings before
the Commission may be made upon any person upon whom a summons
may be. served in accordance with the provisions of an Act entitled, "An
Act in relation to practice and procedure in courts of record," approved
June 3, 1907, in force July 1, 1907, and may be made personally or by
mailing same in the United States mail in a sealed envelope, registered,
with postage prepaid. The provisions of this section as to notice shall
apply to all hearings held by the Commission or under its authority.
Any public utility shall have a right to complain on any of the
grounds upon which complaints are allowed to be filed by other parties,
and the same procedure shall be adopted and followed as in other cases,
except that the complaint may be heard ex parte by the Commission or
may be served upon any parties designated by the Commission.
NOTE.—Re Western Ilinois Teleph. Co. et at., V I. P. tr. C. 1.

53
65.

Hearings—Orders—Records—Copies of Official Documents and Orders.

§ 65. At the time fixed for any hearing upon a complaint, the
complainant and the person or corporation complained of, and such
persons or corporations as the Commission may allow to intervene, shall
be entitled to be heard and to introduce evidence. The Commission shall
issue process to, enforce the attendance of all necessary witnesses. At the
conclusion of such hearing the Commission shall make and render findings concerning the subject-matter and facts inquired into and enter
its order based thereon. A copy of such order, certified under the seal
of the Commission, shall be served upon the person or corporation complained of, or his or its attorney, which order shall, of its own force, take
effect and become operative twenty days afte,r the service thereof, except
as otherwise provided, and shall continue in force either for a period
which may be designated therein or until changed or abrogated by the
Commission. Where an order cannot, in the judgment of the Commission, be complied with within twenty days, the Commission may prescribe
such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown,
extend the time^ for compliance fixed in its order. A full and complete
record shall be preserved of all proceedings had before the Commission,
or any member thereof, on any formal hearing had, and all testimony
shall be taken clown by a stenographer appointed by the Commission, and
the parties shall be entitled to be heard in person or by attorney.
In case of an appeal from any order or decision of the Commission,
under the terms of sections 68 and 69 of this Act, a transcript of such
testimon}^, together with all exhibits or copies thereof introduced and
all information secured by the Commission on its own initiative and
considered by it in rendering its order or decision, and of the pleadings,
records and proceedings in the case, shall constitute the record of the
Commission: Provided, that on appeal from an order or decision of the
Commission, the person or corporation taking the appeal and the Commission may stipulate that a certain question or certain questions alone
and a specified portion only of the evidence shall be certified to the court
for its judgment, "whereupon such stipulation and the question or questions and the evidence therein specified shall constitute the record on
appeal.
Copies .of all official documents and orders filed or deposited according to law in the office of the Commission, certified by a commissioner
or by the secretary of the Commission to be true copies of the originals,
under the official seal of the Commission, shall be evidence in like manner as the originals.
In any matter concerning which the Commission is authorized to
hold a hearing, upon complaint or application or upon its own motion,
notice shall be given to the public utility and to such other interested
persons as the Commission shall deem necessary in the manner provided
in the preceding section, and the hearing shall be conducted in like manner as if complaint had been made to or by the Commission. But
nothing in this Act shall be taken to limit or restrict the power of the
Commission, summarily, of its own motion, with or without notice, to
conduct any investigations or inquiries authorized by this Act, in such

54
manner and by such means as it may tiboni proper, and to take such
action as it may deem necessary in connection therewith. With respect
to any rules, regulations, decisions or orders, which the Commission is
authorized to issue without a hearing, and so issues, any public utility or
ether person or corporation affected thereby and deeming such rules,
regulations, decisions or orders, or any of them, improper, unreasonable
or contrary to law, may apply for a hearing thereon, setting forth
specifically in such application every ground of objection which the
applicant desires to urge against such rule, regulation, decision or order.
The Commission may, in its discretion, grant or deny the application,
and a hearing, if had, shall be subject to the provisions of this and the
preceding sections.
NOTE.—Re Western Illinois Teleph. Co. et al., V I. P. U. C. 1. See also State
Public Utilities Comm. ex rel. Alton Bd. of Trade v. Cleveland, C. C. <& St. Louis
Ry. Co., 285 111. 184.
Where the only effect of an order of the Railroad and Warehouse Commission
was to continue in effect a certain switching tariff until such tariff! should be
changed by agreement or- on a hearing, and no new rate is established or attempted to be established the order need not, to be valid, contain a finding that
the railroads interested had refused or neglected to voluntarily establish a new
rate or that such new rate is necessary. Chicago, M. & St. Paul Ry. Co. v. State
Public Utilities Comm. 267 111. 544.
66.

Service of Orders.

§ 66. Every order of the Commission shall be served upon every
person or corporation to be affected thereby, either by personal delivery
of a certified copy thereof, or by mailing in the United States mail a
certified copy thereof, in a sealed package with postage prepaid, to the
person to be affected thereby or in the case of a corporation, to any officer
or agent thereof upon whom a summons of a court of record may be
served in an action at law. It shall be the duty of every person and
corporation to notify the Commission forthwith, in writing, of the receipt
of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or
officer duly authorized by the corporation to admit such service. Within
a time specified in the order of the Commission every person and corporation upon whom it is served must, if so required in the order, notify
the Commission in like manner whether the terms of the order are
accepted and will be obeyed.
67.

Modification of Order or Decision—Rehearing.

§ 67. The Commission may at any time, upon notice to the public
utility affected, and after opportunity to be heard as provided in the case
of complaints, rescind, alter or amend any rule, regulation, order or
decision made by it. Any order rescinding, altering or amending a
prior rule, regulation, order or decision shall, when served upon the
public utility affected, have the same effect as is herein provided for
original rules, regulations, orders or decisions.
After any rule, regulation, order or decision has been made by the
Commission, any party to* the action or proceeding, or any stockholder or
bondholder or other party pecuniarily interested in the public utility
affected, may apply for a hearing in respect to any matters determined
in said action or proceeding and specified in the application for rehearing, and the Commission may grant and hold such rehearing on said
matters, if in its judgment sufficient reason therefor be made to appear.

55
An application for rehearing shall not excuse any corporation or person
from complying with and obeying any rule, regulation, order or decision
or any requirement of any rule, regulation, order or decision of the
Commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms
as the Commission may by order direct. If, after such rehearing and
consideration of all the facts, including those arising since the making
of the rule, regulation, order or decision, the Commission shall be of the
opinion that the original rule, regulation, order or decision or any part
thereof is in any respect unjust or unwarranted, or should be changed,
the Commission may rescind, alter or amend the same. A rule, regulation, order or decision made after such rehearing, rescinding, altering
or amending the original rule, regulation, order or decision shall have
the same force and effect as an original rule, regulation, order or decision, but shall not affect any right or the enforcement of any right
arising from or by virtue of the original rule, regulation, order or
-decision unless so ordered by the Commission. Only one rehearing shall
be granted by the Commission; but this shall not be construed to prevent any party from filing a petition setting up a new and different state
of facts after two years, and invoking the action of the Commission
thereon.
NOTE.—See Illinois Gent. R. Co. et al. v. Bloomington etc. R. Co., IV I. P. U.
C. 105 ; Re Chicago North Shore & M. R. Co., VI I. P. U. C. 374.
See also State Public Utilities Comm. ex rel. Wabash R. Co. v. Illinois Cent.
R. Co. 274 111. 36; Farmers' Elevator Co. of Yorksville et al. v. Chicago, Rock
Island & Pacific Ry. Co. 266 111. 567.
68.

Action to Set Aside Orders of Commission.

§ 68. Within thirty days after the service of any order or decision
of the Commission made after a final hearing or within thirty days after
a hearing or refusal of a hearing upon any rule, regulation, order or
decision which the Commission is ai^thorized to issue without a hearing
and has so issued, any person or corporation affected by such rule, regulation, order or decision may appeal to the Circuit Court of Sangamon
County, for the purpose of having the reasonableness or lawfulness of
the rule, regulation, order or decision inquired into and determined:
Provided, that no proceeding to contest any rule, regulation, decision or
order which the Commission is authorized to issue without a hearing and
has so issued, shall be brought in any court unless application shall have
been first made to the Commission for a hearing thereon and until after
such application has been acted upon by the Commission, nor shall any
person or corporation in any court urge or rely upon any grounds not set
forth in such application for a hearing before the Commission: And,
provided, the Commission shall decide the questions presented by said
application with all possible expedition consistent with the duties of the
Commission. The party taking such an appeal shall file with the secretary of the Commission, at its office in Springfield, Illinois, written
notice of said appeal. The Commission, upon the filing of such notice
of appeal, shall, within five clays thereafter, file with the clerk of said
Circuit Court of Sangamon County a certified copy of the order appealed
from and within ten days thereafter the record provided for in section

56
64. The party serving such notice of appeal shall, within five days after
the service of such notice upon the Commission, file a copy of said notice,
with proof of service, with the clerk of said court to which such appeal
is taken, and thereupon said Circuit Court shall have jurisdiction over
said appeal and the same shall be entered upon the records of said Circuit Court and shall be tried therein without formal pleadings, but
otherwise according to the rules relating to the trial of chancery suits,
so far as the same are applicable.
J T new or additional evidence may be introduced in any proceedSo
ing upon appeal from a rule, regulation, order or decision of the Commission, issued or confirmed after a hearing, but the appeal shall be
heard on the record of the Commission as certified to by it. The findings
and conclusions of the Commission on questions of fact shall be held
prima facie to be true and as found by the Commission; and a rule,,
regulation, order or decision of the Commission shall not be set aside
unless it clearly appears that the finding of the Commission was against
the manifest weight of the evidence presented to or before the Commission for and against such rule, regulation, order or decision, or that the
same was without the jurisdiction of the Commission. If it appears that
the Commission failed to receive evidence properly proffered, on a hearing or on a rehearing, or on application therefor, the court shall remand
the case to the Commission with instructions to receive the testimony
so proffered and rejected, and to enter a new order based upon the
evidence theretofore taken, and such new evidence as it is directed ta
receive. Bules, regulations, orders or decisions of the Commission shall
be held to be prima facie reasonable, and the burden of proof upon all
issues raised by the appeal shall be upon the person or corporation appealing from such rules, regulations, orders or decisions. Upon hearing
any such appeal the court shall enter judgment either affirming or
setting aside the rule, regulation, order or decision of the Commission.
When no appeal is taken from a rule, regulation, order or decision
of the Commission, as herein provided, parties affected by such rule,
regulation, order or decision, shall be deemed to have waived the right to
have the merits of said controversy reviewed by a court and there shall
be no trial of the merits of any controversy in which such rule, regulation, order or decision was made, by any court to which application may
be made for a writ to enforce the same, in any other judicial proceeding.
NOTE.—See, State Public Utilities Comm. v. Atchison, Topeka & St. Fe Ry.
Co., 279 111. 194; Stafie Public Utilities Comm. ex rel. B. St. Louis Stone Co. v.
Terminal R. Ass'n. of St. Louis et al., 281 111. 181; State Public Utilities Comm. ex rel.
Farmers' Illinois Grain Deleares Ass'n. et al. v. Atchison, Topeka & St. Fe Ry Co.
et al., 278 111. 58; State Public Utilities Comm. ex rel. Chicago Bel. of Trade v.
Toledo, St. Louis & W. R. Co., 286 111. 582; Kennedy v. State Public
Utilities
Comm. 286 111. 490.
Railroad & Warehouse Comm. v. Louisville c6 Nashville Ry. Co., 267 111. 337,
holds that a proceeding1 in the Circuit Court to determine the reasonableness of an
order entered by the Commission is not an appeal, because there can be no appeal
from an order of an administrative body. The court, in such case acts on evidence
submitted before it, though the Commissions finding" makes a prima facia case.
"The statute makes the Commission's findings of fact prima facie true, and its
orders and decisions are not to be set aside unless clearly against the manifest
weight of the evidence. It is not sufficient, to justify a reversal of a reasonable
order of the Commission made in the lawful exercise of its powers, that a court
of review should be of the opinion the order was unwise or inexpedient. To
reverse and set aside an order on the ground that it is unreasonable it must be an
arbitrary action, not resting* on a reasonable basis for the exercise of the discretionary powers of the Commission. The orders and decisions are subject to
review as to the reasonableness of the Commission's conclusions, and an unreasonable order is unlawful. Reviewing courts will examine the facts upon which

57
the order is based, and if there is substantial evidence to sustain the order—-not a
mere scintilla of proof—the order will be sustained." Chicago Bus Go. v. Ghicago
Stage Co. 287 111. 320, 329 citing" Inter-State Commerce Co7mn. v. Union Pac. R.
Co. 222 U. S. 54 ; State Public Utilities Gomm. v. Ghicago & West Towns Ry. Co.,
275 111. 555; State Public Utilities Comm. v. Terminal R. Ass'n. 281 111. 181; and
State Public Utilities Comm. v. Toledo, St. Louis & W. R. Co., 267 111. 93. See also
State Public Utilities Comm. v. Chicago M. & St. P. Ry. Co., 287 111. 412, 417.
The court on review will not consider the propriety of the decision but only
the constitutionality, i. e. whether the Commission acted within the scope of its
authority. Chicago, M. & St. P. Ry. Co. v. State Public Utilities Comm. 267 111.
544; Chicago M. & St. P. Ry. Co. v. State Public Utilities Comm. 268 111. 49.
69.

Appeals to Supreme Court f r o m Circuit Court Judgments.

§ 69. Appeals from all final orders and judgments entered by
the said Circuit Court, in review of rules, regulations, orders or decisions
of the Commission, may be taken directly to the Supreme Court by either
party to the action, within sixty days after service of a copy of the order
or judgment of said Circuit Court, and shall be governed by the rules
applying to chancery cases appealed to said Supreme Court, except that
formal pleadings shall not be required.
NOTE.—See Chicago, M. & St. P. Ry. Co. v. State Public Utilities Gomm., 267
111. 544 ; State Public Utilities Comm. ex rel. E. St. Louis Stone Co. v. Terminal R.
Ass'n. of St. Louis, 281 111. 181.
70.

Expedition of Cases.

§ 70. Any proceeding in any court in this State directly affecting
a rule, regulation, order or decision of the Commission, or to which the
Commission is a party, shall have priority in hearing and determination
over all other civil proceedings pending in such court, excepting election
contests.
71.

Suspension of Order of Commission Pending Judicial

Review.

§ 71. The pendency of an appeal shall not of itself stay or suspend
the operation of the rule, regulation order or decision of the Commission, but during the pendency of such appeal the Circuit Court of
Sangamon County, or the Supreme Court, as the case may be, in its
discretion may stay or suspend, in whole or in part, the operation of the
Commission's rule, regulation, order or decision.
No order so staying or suspending a rule, regulation, order or decision of the Commission shall be made by the court otherwise than upon
three days' notice to the Commission and after a hearing, and if the
rule, regulation, order or decision of the Commission is suspended, the
order suspending the same shall contain a specific finding based upon
evidence submitted to the court, and identified by reference thereto,
that great or irreparable damage would otherwise result to the petitioner,
and specifying the nature of the damage:
Provided, hotvever, that when any rate or other charge has been in
force for any length of time exceeding one year, and such rate or other
charge is advanced by the public utility, and the order of the Commission reinstates such prior rate or other charge, in whole or in part, no
suspending order shall be allowed in any case from such order pending
the final determination of the case in the Circuit Court, or if appealed
to the Supreme Court by such Supreme Court.
In case the rule, regulation, order or decision of the Commission is
stayed or suspended, the order of the court shall not become effective
until a suspending bond shall first have been executed and filed with,
and approved by the Commission (or approved, on review, by the court)

58
payable to the people of the State of Illinois, and sufficient in amount
and security to insure the prompt payment, by the party petitioning for
the review, of all damages caused by the delay in the enforcement of the
rule, regulation, order or decision of the Commission, and of all moneys
which any person or corporation may be compelled to pay, pending the
review proceedings, for transportation, transmission, product, commodity,
or service in excess of the charges fixed by the rule, regulation, order or
decision of the Commission, in case said rule, regulation, order or decision is sustained. The court, in case it stays or suspends the rule,
regulation, order or decision of the Commission in any matter affecting
rates or other charges or classifications, may, in its discretion, also by
order direct the public utility affected to pay into court, from time to
time, thereto to -be impounded until the final decision of the case, or into
some bank or trust company paying interest on deposits, under such
conditions as the court may prescribe, all sums of money which it may
collect from any corporation or person in excess of the sum such corporation or person would have been compelled to pay if the rule, regulation,
order or decision of the Commission had not been stayed or suspended.
72.

Reparation for Overcharge—Investigation of Claims Against Utilities.

§ 72. When complaint has been made to the Commission concerning any rate or other charge of any public utility and the Commission
has found, after a hearing, that the public utility has charged an
excessive or unjustly discriminatory amount for its product, commodity
or service, the Commission may order that the public utility make due
reparation to the complainant therefor, with interest at the legal rate
from the date of payment of such excessive or unjustly discriminatory
amount.
If the public utility does not comply with an order of the Commission for the payment of money within the time fixed in such order,
the complainant, or any person for whose benefit such order was made,
may file in any court of competent jurisdiction a petition setting forth
briefly the causes for which he claims damages and the order of the Commission in the premises. Such suit shall proceed in all respects like
other civil suits for damages, except that on the trial of such suit the
order of the Commission shall be prima facie evidence of the facts therein
stated. If the petitioner shall finally prevail he shall be allowed a reasonable attorney's fee to be taxed and colected as a part of the costs of
the action.
All complaints for the recovery of damages shall be filed with the
Commission within two years from the time the product, commodity or
service as to which complaint is made was furnished or performed, and a
petition for the enforcement of an order of the Commission for the payment of money shall- be filed in the proper court within one year from
the date of the order.
The remedy provided in this section shall be cumulative, and in
addition to any other remedy or remedies in this Act provided in case
of failure of a public utility to obey a rule, regulation, order or decision
of the Commission.
The Commission shall have power to receive complaints regarding
loss or damage occasioned by a public utility, and to make inquiry as to

59
the methods of adjusting such claims. All claims against any public
utility for loss of, or damage to, property, or for any other loss or
damage, in connection with a public utility service, not covered by the
preceding paragraphs of this section, if not acted upon within ninety
days from the date of the filing of the claim with the public utility, may
be investigated by the Commission, in its discretion, and the results of
such investigation shall be embodied in a special report which shall be
open to public inspection.
NOTE.—State Public Utilities Comm. ex rel. Harley
cago & West Towns By. Go.s 275 111. 555.
73.

B, Mitchell

et al. v. Chi-

Civil Damages.

§ 73. In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared
to be unlawful, or shall omit to do any act, matter.or thing required to
be done either by any - provisions of this Act or any rule, regulation,
order or decision of the Commission, issued under authority of this Act,
such public utility shall be liable to the persons or corporations affected
thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was wilful, the
court may in addition to the actual damages, award damages for the
sake of example and by the way of punishment. An action to recover
for such loss, damage or injury may be brought in any court of competent jurisdiction by any person or corporation.
In every case of a recovery of damages by any person or corporation
under the provision of this section, the plaintiff shall be entitled to a
reasonable counsel's or attorney's fee to be fixed by the court, which fee
shall be taxed and collected as part of the costs in the case.
No recovery as in this section provided shall in any manner affect a
recovery by the State of the penalties in this Act provided.
74.

Remedies Cumulative.

§ 74. This Act shall not have the effect to release or waive any
right of action by the State, the Commission, or by any body politic,
municipal corporation, person or corporation for any right or penalty
which may have arisen or accrued or may hereafter arise or accrue under
any law of this State.
All penalties accruing under this Act shall be cumulative of each
other, and suit for the recovery of one penalty shall not be a bar to or
affect the recovery of any penalty or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person.
75.

Mandamus or Injunction Proceedings at Instance of Commission.

§ 75. Whenever the Commission shall be of the opinion that any
public utility is failing or omitting or about to fail to omit, to do anything required of it by law, or by -any order, decision, rule, regulation,
direction or requirement of the Commission, issued or made under
authority of this Act, or is doing anything or about to do anything or
permitting anything or about to permit anything to be done, contrary
to or in violation of law or any order, decision, rule, regulation, direction
or requirement of the Commission, issued or made under authority of

60

this Act, it shall direct the counsel for the Commission to commence an
action or proceeding in the Circuit Court, or in any other court of concurrent jurisdiction, in and for the county in which the case or some part
thereof arose, or in which the person or corporations complained of, if
any, has its principal place of business, or in which the person complained of, if any, resides, in the name of the people of the State of
Illinois, for the purpose of having such violation or threatened violations
stopped and prevented, either by mandamus or injunction. Counsel for
the Commission shall thereupon begin such action or proceeding by
petition to such Circuit Court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of
mandamus or injunction. It shall thereupon be the duty of the court
to specify a time, not exceeding twenty days after the service of the copy
of the petition, within which the public utility complained of must
answer the petition, and in the meantime said public utility may be
restrained. In case of default in answer, or after answer, the court
shall immediately inquire into the facts and circumstances of the case.
Such corporations or persons as the court may deem necessary or proper
to be joined as parties, in order to make its judgment, order or writ
effective, may be joined as parties. The final judgment in any such
action or proceeding shall either dismiss the action or proceeding or
direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as
will afford appropriate relief. An appeal may be taken from such final
judgment in the same manner and with the same effect, subject to the
provisions of this Act, as appeals are taken from judgments of the
Circuit Court in other actions for mandamus or injunction.
76.

Penalty for Violation of Act or Orders by Public U t i l i t y or Other Corporation—Separate Offenses.

§ 76. Any public utility or any corporation other than a public
utility, which violates or fails to comply with any provisions of this Act,
or which fails to obey, observe or comply with any order, decision, rule,
regulation, direction or requirement or any part or provision thereof, of
the Commission, made or issued under authority of this Act, in a case
in which a penalty is not otherwise provided for in this Act, upon conviction, shall be punished by a fine of not less than five hundred dollars
nor more than two thousand dollars for each and every offense.
Every violation of the provisions of this Act or of any order, decision, rule, regulation, direction or requirement of the Commission, or
any part or portion thereof by any corporation or person is a separate
and distinct offense and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct
offense.
In construing and enforcing the provisions of this Act relating to
penalties, the act, omission, or failure of any officer, agent, or employee
of any public utility, acting within the scope of his official duties or
employment, shall in every case be and be deemed to be the act, omission,
or failure of such public utility.

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77.

Persons Violating Act or Order—Penalty.

§ 77. Every person, who, either individually, or acting as an officer,
agent or employee of a public utility or of a corporation other than a
public utility, violates or fails to comply with any provisions of this
Act, or fails to observe, obey or comply with any order, decision, rule,
regulation, direction or requirement, or any part or portion thereof, of
the Commission, made or issued under authority of this Act, or who
procures, aids or abets any public utility in its violation of this Act or in
its failure to obey, observe or comply with this Act or any such order,
decision, rule, regulation, direction or requirement, or any part or portion thereof, in a case in which a penalty is not otherwise provided for
in this Act, is guilty of a misdemeanor, and, upon conviction, shall be
punished by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and
imprisonment.
7S.

Actions to Recover Penalties.

§ 78. Except as otherwise provided in this Act, actions to recover
penalties under this Act shall be brought in the name of the People of
the State of Illinois in the Circuit Court in and for the county in which
the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the
person, if any, complained of, resides. Such action shall be commenced
and prosecuted to final judgment by the counsel for the Commission.
In any such action, all penalties incurred up to the time of commencing
the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil
actions, except as otherwise herein provided. All fines and penalties
recovered by the State in any such action shall be paid into the State
treasury to the credit of the general fund. Any such action may be
compromised or discontinued on application of the Commission upon
such terms as the court shall approve and order.
79.

D u t y of Commission to Prosecute and to Enforce Laws Affecting Public
Utilities.

§ 79. I t is hereby made the duty of the Commission to see that the
provisions of the Constitution and statutes of this State affecting public
utilities, the enforcement of which is not specifically vested in some
other officer or tribunal, are enforced and obeyed, and that violations
thereof are promptly prosecuted and penalties due the State therefor
recovered and collected, and to this end it may sue in the name of the
people of the State.
See State Public Utilities Comm. ex rel. Ed. Beck v. Toledo, St. Louis & W. B.
Co. 267 111. 93 holding that the Commission has power under this section to order
the erection and maintenance of depots as required in ch. 114 Hurds. Bev. Stat.
1913.
80.

Cancellation of Warehouses Licenses.

§ 80. The Commission is hereby authorized to hear and determine
all applications for the cancellation of warehouse licenses in this State
which may be issued in pursuance of any laws of this State, and for that
purpose to make and adopt such rules and regulations concerning such
hearing and determination as may, from time to time, by it be deemed
proper. And if, upon such hearing, it shall appear that any public ware-

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houseman has been guilty of violating any law of this State concerning
the business of public warehousemen, the Commission may cancel and
revoke the license of said public warehouseman, and immediately notify
the officer who issued such license of such revocation and cancellation;
and no person whose license as a public warehouseman shall be cancelled
or revoked shall be entitled to another license or to carry on the business
in this State of such public warehouseman until the expiration of six
months from the date of such revocation and cancellation, and until he
shall have again been licensed: Provided, that this section shall not be
construed so as to prevent any such warehouseman from delivering any
grain on hand at the time of such revocation or cancellation of his said
license. And all licenses issued in violation of the provisions of this
section shall be deemed null and void.
ARTICLE V I .
EEPEAL—SAVING CLAUSE—CONSTRUCTION.
81.

Acts Repealed—Transfer and Continuation of Power of R. R. Commission.

§ 81. An Act entitled, "An Act to establish a board of railroad
and warehouse commissioners, and prescribe their powers and duties,"
approved April 13, 1871, in force, July 1, 1871, together with the amendments thereto; and an Act entitled, "An Act denning and regulating
express companies and carriers by express operating within the State of
Illinois, declaring them to be common carriers and placing them under
the jurisdiction and control of the Illinois Eailroad and Warehouse
Commission," approved June 9, 1911, in force July 1, 1911, are hereby
repealed from and after the appointment of the State Public Utilities
Commission herein created. Nothing in this Act shall be construed to
repeal any other Act or part thereof conferring power on said Board of
Eailroad anil Warehouse Commissioners except such as are in direct
conflict herewith, but the rights, powers and duties conferred by law
upon the Board of Eailroad and Warehouse Commissioners shall be continued in full force and transferred to the State Public Utilities Commission, it being the intent of this Act to substitute the State Public
Utilities Commission for the said Board of Eailroad and Warehouse
Commissioners.
On or before November 1, 1913, the Board of Eailroad and Warehouse Commissioners shall transfer and deliver to the State Public
Utilities Commission, upon its demand in writing, all books, papers and
records; furniture, equipment and supplies of whatever description in
its possession; and the Public Utilities Commission shall take possession
of all such books, papers and records, furniture, equipment and supplies.
82. Actions and Proceedings Pending Before R. R. Commission.

§ 82. This Act shall not affect pending actions or proceedings,
civil or criminal, in any court, brought by or against the people of the
State of Illinois or the Board of Eailroad and Warehouse Commissioners
or by any other person, firm or corporation under the provisions of the
Acts establishing or conferring power on the Board of Eailroad and
Warehouse Commissioners, nor abate any causes of action arising thereunder, but the same may be instituted, prosecuted and defended with the

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same effect as though this Act had not been passed. Any investigation,
hearing or proceeding, instituted or conducted by the Board of Eailroad
and Warehouse Commissioners prior to the taking effect of this Act may
be conducted and continued to a final determination by the Public
Utilities Commission with the same effect as if this Act had not been
passed.
All findings, orders, decisions, rules and regulations issued or promulgated by the Board of Eailroad and Warehouse Commissioners under
the Acts established or conferring power on said board, shall continue in
force and have the same effect as though this Act had not been passed;
and the State Public Utilities Commission hereby created is empowered
to enforce said findings, orders, decisions, rules and regulations in the
same manner and under the same conditions as though said findings,
orders, decisions, rules and regulations had been made, issued or promulgated by the State Public Utilities Commission.
NOTE.—See Illinois Central R. Co. et al. v. Bloomington etc. R. Co., IV I. P. U.
C. 105 ; State Public Utilities Comm. ex rel Atwood-Davis Sand Co. v. Chicago, &
Northwestern Ry. Co. 286 111. 53 ; State Public Utilities Comm. ex rel. Farmer's
Illinois Grain Dealers Ass'n. et al. v. Atchison, T. & St. Fe Ry. Co., 278 111. 58.
83.

Constitutionality—Divisabiiity of Act.

§ 83. If any section, subdivision, sentence or clause of this Act is
for any reason held invalid or to be unconstitutional, such decision shall
not affect the validity of the remaining portion of this Act.
84.

Act Not Applicable to Interstate Commerce.

§ 84. Neither this Act nor any provision thereof shall apply or be
construed to apply to commerce with foreign nations or commerce among
the several states of this Union, except when specifically so stated, and
in so far as the same may be permitted under the provisions of the Constitution of the United States and Acts of Congress, and the decisions
of the Supreme Court of the United States.
85.

Technical Omissions Not to Invalidate Acts of Commission.

§ 85. A substantial compliance with the requirements of this Act
shall be sufficient to give effect to all the acts, orders, decisions, rules and
regulations of the Commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect
thereto.
86.

Effective Date of Act.

§ 86. This Act shall take effect and be in force on and after the
first day of January, 1914.
APPROVED June 30, 1913.