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CHAPTER 31.

SENATE BILL No. 802.

(By Mr. Fisher.)

AN ACT to fix the liability of sureties on the bonds of public offiIcials in this State.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That sureties on the bonds of public officials in this State shall be liable for the principal sum in default and covered by said bond and for interest thereon at the rate of one per cent (1%) per month for the period of delinquency, and not otherwise.

SEC. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed.

SEC. 3. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed March 28, 1913.

NEWTON H. WHITE, Speaker of the Senate.

Speaker of the House

Approved April 3, 1913.

W. M. STANTON, of Representatives.

BEN W. HOOPER,
Governor.

CHAPTER 32.

SENATE BILL No. 100.

(By Mr. Pope.)

AN ACT to confer upon the Railroad Commission created by Chapter 10, Acts of 1895, the power and authority to regulate and control express, telephone, and telegraph companies in all counties of the State having a population of less than 190,000 and excepting all counties having a population of between 85,000 and 90,000 by the Federal census of 1910 or any future Federal census.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Railroad Commission created by Chapter 10, Acts of 1897, be, and it is, hereby given authority, and it shall have and exercise, jurisdiction and supervisory powers and control over and concerning the business of all express, telephone, and telegraph companies, including telegraph lines and telephone lines and exchanges in all counties of the State of Tennessee having a population of less than 190,000, excepting counties having a population of between 85,000 and 90,000 by the Federal census of 1910 or any future Federal census, and is given authority and power to make and enforce rules and regulations by which persons, firms, or corporations owning and conducting an express business, or operating telegraph or telephone lines, stations, or exchanges, in this State, for the transmission of intelligence, for hire, shall be governed in the conduct of such business.

Failure to

furnish

service.

SEC. 2. Be it further enacted, That if any express, telephone, or telegraph company shall unreasonably fail or refuse to furnish adequate service at reasonable rates to any person or persons within the terri- adequate torial limits within which such company purports to furnish such service, such person may bring his or its written petition before the Commission alleging such failure or refusal. Thereupon the Commission shall fix a time and place for a hearing upon such petition, and shall mail notice thereof to the

Commission to

charges.

parties in interest at least one week prior to such hearing. Upon said hearing the Commission may, if it finds that such company has unreasonably failed or refused to furnish such person or persons with adequate service at reasonable rates, prescribe the service to be furnished by such company to such person or persons and the conditions under which, and maximum rates or charges at which such service shall be furnished. Such company shall thereafter furnish such service to such person or persons in accordance with the conditions so prescribed, and shall not thereafter demand or collect any rate or charge for such service in excess of the maximum rate or charge so fixed and prescribed.

SEC. 3. Be it further enacted, That it shall be the duty of the Commission, either upon complaint or investigate upon its own initiative, to investigate all rates, joint rates, fares, tolls, charges, and exactions, classifications, or schedules of rates, or joint rates and rules and regulations; and if, after full hearing and investigation the Commission shall find that such rates, joint rates, fares, tolls, charges, or exactions, classifications or schedules of rates, or joint rates, or rules and regulations are unjust, unreasonable, unjustly discriminatory, or unduly preferential, the Commission shall have power to fix and order substituted therefor such rate or rates, fares, tolls, charges, exactions, classifications, or schedules of rates or joint rates, and such rules and regulations as shall be just and reasonable. Whenever, in the judgment of the Commission, public necessity and convenience require, the Commission shall have power to establish just and reasonable special rates, charges, or privileges, but all such rates, charges, and privileges shall be open to all users of a like kind of service under similar circumstances and conditions.

Power to fix rates,

charges, etc.

SEC. 4. Be it further enacted, That if upon such hearing and investigation the rates, joint rates, fares, tolls, charges, rules, regulations, or classifications of such express, telephone, or telegraph company are found to be unjust, unreasonable, unfair, unjustly discriminatory, or unduly preferential, or in any wise in violation of the provisions of this Act, the Commission shall have the power to fix and estab

lish, and to order substituted therefor, such rates, joint rates, fares, tolls, charges, rules, regulations, or classifications as it shall find, determine, or decree to be just, reasonable, and necessary.

SEC. 5. Be it further enacted, That whenever the Commission shall find, after a hearing had upon its own motion, or upon complaint, that the rates, charges, tolls, or rentals, demanded, exacted, charged, or collected by any telegraph company or telephone company for the transmission of messages by telegraph or telephone, or for the rental or use of any telegraph line, telephone line, or any telegraph instrument, wire, appliance, apparatus, or device, or any telephone receiver, transmitter, instrument, wire, cable, apparatus, conduit, appliance, or device, or any telephone extension or extension system, or that the rules, regulations, or practices of any express, telegraph, or telephone company affecting rates, charges, tolls, rentals, or service are unjust, unreasonable, unjustly discriminatory, or unduly preferential, or in any wise in violation of law, or that such rates, charges, tolls, or rentals are insufficient to yield reasonable compensation for the service rendered, the Commission shall determine the just and reasonable rates, charges, tolls, or rentals to be thereafter observed and in force, and fix the same by order as herein provided.

Uniform rates,

SEC. 6. Be it further enacted, That if any express, telephone, or telegraph company doing business within this State shall, directly or indirectly, by any charges, etc. special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons, firms or corporation a greater or less compensation for any service rendered, furnished, or performed than it charges, demands, collects, or receives from any other person or persons, firm or corporation for rendering, furnishing, or performing for him or them a like contemporaneous service, such company shall be guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. It shall further be unlawful for any person, firm, or corporation, directly or indirectly, to ask, demand, or accept, any rebate, drawback, or other device whereby he shall obtain any such serv

ice for any less rate than that charged others in like circumstances.

SEC. 7. Be it further enacted, That any express, telephone, or telegraph company receiving from the Commission any blanks with directions to fill same, shall cause the same to be properly filled out so as to answer fully and correctly 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 company, and returned to the Commission at its office within the period fixed by the Commission.

SEC. 8. Be it further enacted, That the Commission shall have full power and authority to examine all officers, agents, and employees of such companies, individuals, firms, or corporations, and all other persons under oath or otherwise, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for carrying into effect and otherwise enforcing the provisions of this Act.

SEC. 9. Be it further enacted, That the Commission, or any member thereof, in the performance of its duties, or in connection with any hearing, may direct the production of such books, records, vouchers, memoranda, documents, letters, contracts, or other papers in relation to the affairs of any express, telephone, or telegraph company as it may find proper, and shall have the same powers in reference thereto as are now vested in the courts of record in this State.

SEC. 10. Be it further enacted, That whenever the Commission shall be of opinion that an express, telephone, or telegraph company is failing or omitting. to do anything required of it by law, or by order of the Commission, 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 of any order of the Commission, it shall have authority to lay the facts before the Attorney-General and to direct him immediately to begin an action in the name of the State of Tennes