1.5 Comparison Limited to Particular Utilities.

The regulation of such public utilities as common carriers by railroad, interurban railroad, street railroad, and express, and telegraph companies, telephone companies, gas companies, electric companies, water companies, and heating companies, has been considered in this comparison, and provisions applicable to other public utilities, when particularly limited to the same, have been excluded. The public utilities named are those over which, as will be seen presently, the commission has been granted jurisdiction with considerable unanimity throughout the states.

1.6 Comparison Not a Complete Analysis.

The laws of all of the states of the union have been examined, and, except those of Delaware where there is no commission with state-wide jurisdiction, the laws of all of the states have been included in this comparison. It is, perhaps, unnecessary to say, in view of what has already been said, as well as what will be seen from the presentation itself, that the comparison does not constitute a complete compilation, or even a complete analysis, of the laws which have been included. In addition to the state laws a few provisions of the Interstate Commerce Act, which have served as models for similar statutory provisions in the states, have also been included.

1.7 "Precedents Followed in Enactments.

The provisions of the various laws have, of course, been almost universally adapted from the notable enactments of New York in 1907, and of Wisconsin, covering the regulation of railroads in 1905, and of other public utilities in 1907, these enactments, in turn, having been to a great extent adapted from provisions of the Interstate Commerce Act and earlier state enactments covering the regulation of railroads. The material will show, it is hoped, the extent to which, and the faithfulness with which, these models have been followed.

1.8 General Form of the Laws.

The New York law presents the provisions relating (1) to railroads, street railroads, and common carriers, (2) to telegraph and telephone companies, and (3) to gas and electric corporations, in separate provisions of the act. Maryland and Missouri have closely adopted this method of drafting. Massa

chusetts also presents the material in a substantially similar way. Wisconsin provides the regulation of railroads and express companies and telegraph companies in one division of the law, and in the other, the regulation of other public utilities. This method was followed rather closely in Indiana, Oregon, Montana, and Ohio. In 1911 California, after an unusually careful study of the work of the leading commissions in the country and the laws under which they were operating, adopted a statute covering the regulation of both common carriers and other public utilities without separating the provisions relating to the different classes of utilities. This law has been copied almost verbatim in Arizona, and has also served as a model for the laws of Idaho, Illinois, Colorado, and Utah, in which states most of the provisions have been copied very closely, and it has also served as a model for several other laws, in which its provisions have been enacted somewhat less literally.

1.9 California Law Used as Working Basis.

The question as to which is the most logical method of drafting is, perhaps, open to question, but for the purposes of this discussion, in most of its provisions, the California law has seemed best fitted for use as the basis of comparison for several reasons: first, it represents an adaptation of several of the different prior existing statutes, and therefore constitutes a medium between them; second, it has avoided unnecessary repetition by making such provisions as are not peculiarly applicable to one class of public utilities apply to all classes; and third, as has been pointed out, it has been in substance literally copied in several other states. For these reasons, we have used its provisions in many instances as a typical enactment, and in many others as the basis for a comparison of the various laws.

1.10 Terminology.

As will be presently noted, the term "public utility" has been variously used throughout the laws to indicate either local. public utilities such as gas, electric, and water companies, or has been used to include all public service companies, including common carriers and transmission companies. In our discussion we have, for the sake of brevity, as well as for the reason that it is so used in the California law, which is so often quoted in this discussion, used the term "public utility" in its more

comprehensive sense, and have terminated the various classes of public service companies by a more particular designation. In the quotation of statutes this term, as well as other terms, must be interpreted in accordance with the definition provided in the respective laws. In stating the jurisdiction of the various commissions, we have included so much of these definitions. as seemed necessary in order to permit a proper understanding of the entire comparison.

II

ORGANIZATION, CONSTITUTION AND JURISDICTION

OF COMMISSIONS

1. PARTICULAR COMMISSIONS

NOTE. There have here been presented a brief statement as to the designation of the regulatory bodies, the number of members thereof, and the manner of their selection, together with a statement as to the subjects included within their regulatory jurisdiction, and so much of the definitions as seem necessary to make the balance of the discussion properly intelligible upon reference to this material.

2.1 Alabama:

The Alabama Public Service Commission, consisting of three members elected for terms of four years, has jurisdiction over: (1) Railroads, express companies, car companies, sleeping car companies, freight and freight line companies, steamboat or packet companies, terminal companies and carriers partly by rail and partly by water;

(2) Street railway companies engaged in the transportation of passengers within the limits of one city;

(3) Telephone companies and telegraph companies;

(4) Electric companies, gas companies, water companies, hydro-electric or water power companies and heating companies; combination gas and electric companies, combination electric and water companies, combination electric and heating companies, combination electric, heating and gas companies, combination electric, heating, gas and water companies.

But not over logging or private railroads not doing business as common carriers, nor municipally owned utilities.

2.2 Arizona:

The Corporation Commission, consisting of three members, elected for terms of six years, has jurisdiction over all public service corporations, which are defined to include every : (1) Common carrier, in turn, defined to include every railroad, street railroad corporation, express corporation; dispatch, sleeping car, dining car, drawing room car, freight, freight line, refrigerator, oil, stock, fruit, car loaning, car renting, car loading, and every other car corporation, or person; electrical corporation; transmission corporation; telegraph corporation; telephone corporation; water corporation, or pipe line corporation;

(2) Gas corporation;

(3) Warehousemen.

Street railroads are defined as such railways as are "mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place within any city, county or town, but not if constituting or used as part of a commercial or interurban railway." Railroads are defined as all commercial, interurban, and other railways, other than a street railway.

2.3 Arkansas:

The Arkansas Railroad Commission, consisting of three members elected by districts at each general election, have jurisdiction over the regulation and operation of:

(1) Common carriers, railroads, express companies, car companies, freight lines, toll bridges, ferries, steamboats;

(5) Pipe line companies for the transportation of oil, gas and water;

(6) Gas companies, electric lighting companies and other companies furnishing gas or electricity for light, heat or power; (7) Hydro-electric companies;

(8) Water companies.

The jurisdiction of the commission does not extend to improvement districts or municipalities operating public utilities; nor does it extend, except to require such utilities to continue to furnish service, to the regulation of the rates or service within any municipality of any street railroad, telephone com