SEC. 13. No injunction shall issue suspending or staying Injunctions. any order of the commission, except upon application to the circuit court in chancery or to the judge thereof, notice to the commission having been given and hearing having been had thereon.

trial.

SEC. 14. If upon the trial of said action evidence shall Evidence at be introduced by the complainant which is found by the court to be different from that offered upon the hearing before the commission or additional thereto, the court, before proceeding to render judgment, unless the parties in such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further proceedings in said action for fifteen days from the date of such transmission. Upon receipt of such evidence the Modification commission shall consider the same, and may alter, modify, amend or rescind its order relating to such rate or rates, charges, joint rate or rates, regulations, practice or service complained of in said action, and shall report its action thereon to said court within ten days from the receipt of such evidence. If the commission shall rescind its order when action complained of the action shall be dismissed; if it shall alter, dismissed. modify or amend the same such altered, modified or amended · order shall take the place of the original order complained

of rates, etc.

of, and judgment shall be rendered thereon as though made Judgment. by the commission in the first instance. If the original or

der shall not be rescinded or changed by the commission

judgment shall be rendered upon such original order.

SEC. 15. Either party to said action within sixty days Appeal to after service of a copy of the order or judgment of the court, supreme court. may appeal to the supreme court, which appeal shall be governed by the statutes and rules of court governing chancery

appeals. When the appeal is taken the case shall, on the Precedence, return of the papers to the supreme court, be immediately placed on the calendar of the then pending term, and shall be brought to a hearing in the same manner as other cases on the calendar, or if no term is then pending shall take precedence of cases of a different nature, except criminal cases, at the next term of the supreme court.

railroad

SEC. 16. In all actions under this section the burden of Burden of proof. proof shall be upon the complainant to show by clear and satisfactory evidence that the order of the commission complained of is unlawful or unreasonable, as the case may be. SEC. 17. Each telephone company within the State is Annual statehereby required to make, on or before the first day of De- ment to cember of each year upon blanks to be furnished by the commission. Michigan Railroad Commission, a statement of its income and expense for the preceding fiscal year, amount of stock and other securities issued, investment in exchanges, toll lines, real estate and such other information as said commission may require, said statement to be made under the oath of the president and secretary of the company.

Manner and form of

accounts, etc.

Proviso.

Schedule of rates filed with railroad commission.

SEC. 18. The Michigan Railroad Commission shall have the power and authority and it is hereby made its duty to prescribe the manner and the form of accounts, records and memoranda and of keeping of same, and it shall be the duty of all telephone companies within the State to keep accounts, books of accounts, records and memoranda in the manner and form prescribed by the said commission, and in no other manner and form: Provided, however, That no such regulations shall be in duplication of or in addition to any regulations covering the same subject matter made by the government of the United States or any municipality of this State.

SEC. 19. Each telephone company within the State shall have on file and accessible to the public in its principal place of doing business, a schedule of the rates, charges and tolls made, charged or collected by said company for service rendered, furnished or performed, and for joint service rendered, furnished or performed and at its exchange or toll station a schedule of the rates, charges and tolls made, charged or collected by said company for service rendered, furnished or performed, and for joint service rendered, furnished or performed in connection with said exchange or toll station, and it shall be the duty of each telephone company within the State to file with the Michigan Railroad Commission a copy Failure to file. of each such schedule. It shall be unlawful for any telephone company within the State to neglect or refuse to have such schedule on file, or to neglect or refuse to file a copy of same with the said commission; and it shall be unlawful for any telephone company within the State to make any other or different charge for service than that shown in said schedule.

Railroad commission to furnish rates.

Penalty.

SEC. 20. It shall be the duty of the Michigan Railroad Commission to furnish all telephone companies within the State a copy of all rates, charges or tolls fixed or established by the said commission.

SEC. 21. If any telephone company within the State shall violate any of the provisions of the act, or shall, thirty days after the establishing or fixing thereof, have failed, neglected or refused to observe any rate, charge, toll or order fixed or established by the Michigan Railroad Commission, unless the enforcement of same shall have been enjoined by a court of competent jurisdiction or shall do or commit any other thing or act in this act declared to be unlawful, or shall omit to do or perform any act or thing, the omission to do which is in this act declared to be unlawful, such telephone company shall forfeit and pay to the State of Michigan for the first offense not less than fifty dollars nor more than one thousand dollars, and for each subsequent offense shall pay not less than one hundred dollars nor more How collected. than two thousand dollars. Any penalty herein provided for shall be collected under the direction of the Attorney General in an action of assumpsit.

act.

SEC. 22. Every provision of this act, every section and Validity of every part of every section is hereby declared to be independent insofar as this relation shall be necessary to the validity of this act, and the fact that any provision, section, or part of any section is void shall not be held to invalidate any other portion of this act. Approved April 24, 1911.

[No. 139.]

AN ACT to amend sections seven, ten, fourteen and twentyfive of act number three hundred of the public acts of nineteen hundred nine, entitled "An act to define and regulate common carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violations hereof," and to add a new section thereto to stand as section two.

The People of the State of Michigan enact:

of traffic.

SECTION 1. Sections seven, ten, fourteen and twenty-five Sections of act number three hundred of the public acts of nineteen amended. hundred nine, entitled "An act to define and regulate com- . mon carriers and the receiving, transportation and delivery of persons and property, prevent the imposition of unreasonable rates, prevent unjust discrimination, insure adequate service, create the Michigan Railroad Commission, define the powers and duties thereof, and to prescribe penalties for violations hereof," are hereby amended to read as follows: SEC. 7. (a) All railroads, subject to the provisions of Interchange this act, shall afford all reasonable and proper facilities by the establishment of switch connections between one another and the establishment of depots and otherwise for the interchange of traffic between their respective lines and for the receiving, forwarding and delivering of passengers and property to and from their several lines and those connecting therewith, and shall transfer and deliver without unreasonable delay or discrimination any freight or cars or passengers destined to any point on its own line or on any connecting line, and shall not discriminate in their rates and charges between such connecting lines: Provided, Precedence may Proviso. be given to live stock and perishable property. Nothing in this act shall be construed as requiring any railroad to give the use of its tracks or terminal facilities to another railroad engaged in like business. Any person or any officer Routing.

Intrastate commerce.

Interchange cars, etc.

Proviso, through billing.

Merchandise, etc., of other corporations.

Proviso.

Further proviso.

or agent of any corporation or company who shall deliver property for transportation to any common carrier subject to the provisions of this act shall have the right and privilege of routing such shipments and of prescribing and directing over what connecting line property so shipped shall be transported, and it shall be the duty of the initial carrier to observe the direction of such person or such officer or agent of any corporation or company, and to cause such freight to be transported over such connecting line as may be directed and required by such shipper. When freight is shipped in intrastate commerce and any person or officer or agent of any corporation or company who shall deliver property for transportation does not prescribe over what connecting line such property shall be transported, it shall be the duty of the initial carrier to so route the freight as to give the property the benefit of the lowest rate published between points of origin and destination;

(b) Where it is practicable and the same may be accomplished without endangering the equipment, tracks or appliances of either party, the commission may, upon application, require steam railroads and interurban and suburban railroads to interchange cars, carload shipments, less than carload shipments and passenger traffic, and for that purpose may require the construction of physical connections upon such terms as it may determine: Provided, That nothing in this act shall be construed to require through billing of freight as between steam and electric, suburban or interurban railroads, but such suburban and interurban railroads may be used for the handling of freight in carload lots in steam railroad freight cars between shippers or consignees and the steam railroads, in the same manner and under the same general conditions, except as to motive power, as belt line railroads and terminal railroads are now or may hereafter be used for like purposes;

(c) Every corporation owning a railroad in use shall, at reasonable times and for a reasonable compensation, draw over the same the merchandise and cars of any other corporation or individual having connecting tracks: Provided, Such cars are of the proper gauge, are in good running order and equipped as required by law and otherwise safe for transportation and properly loaded: Provided further, If the corporations cannot agree upon the times at which the cars shall be drawn or the compensation to be paid, the said commission shall, upon petition of either party and notice to the other, after hearing the parties interested, determine the rate of compensation and fix such other periods, having reference to the convenience and interests of the corporation or corporations and the public to be accommodated thereby, and the award of the commission shall be binding upon the respective corporations interested therein until the same shall have been revised;

etc.

vate sidings.

(d) Every common carrier operating within this State Local traffic. shall receive and transport at reasonable rates any and all carload traffic offered for transportation under the usual conditions locally consigned between points in the same city or town and shall receive and transport at reasonable rates from any junction point or transfer point or intersection with another railroad in such city or town any and all such carload freight destined to team tracks or other sidings on any line operated by the delivering carrier, and shall de Team tracks, liver such car or cars upon such team tracks or sidings in the city or town where such car or cars are received from such connecting line when required so to do: Provided, That Proviso, priwhen delivery is requested which will involve the use of a private siding not owned or controlled by consignee, said consignee shall file with both receiving and delivering carriers written permission signed by the owner or lessee of such private siding authorizing the use of same. When the When delivery particular delivery desired cannot be accomplished owing to accomplished. the congestion of cars upon such siding or team tracks, it shall be the duty of the delivering carrier to notify consignee of such conditions and it shall be the duty of such consignee upon receipt of such notice to advise upon what other siding delivery will be accepted or whether or not it is desired that such car or cars shall be held awaiting the opportunity for delivery upon the siding originally designated as the destination.

cannot be

rates, etc.

SEC. 10. (a) Every common carrier subject to the pro- Schedule of visions of this act shall file with the commission created by this act and print and keep open to public inspection in each of its depots and offices, schedules showing all rates, fares and charges for transportation, both of passengers and property, between different points on its own route, and between points on its own route and on the route of any other carrier, when a through route and joint rate have been established. If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection as aforesaid the separately established rates, fares and charges applied to the through transportation. The schedules printed as What to aforesaid by any common carrier, shall plainly state the places between which property and passengers will be carried and shall contain the classification of freight in force and shall also state separately all terminal charges, storage charges, icing charges and all other charges which the commission may require, all privileges or facilities granted or allowed and any rules or regulations which in anywise change, affect or determine any part of or the aggregate of such aforesaid rates, fares and charges, or the value of the service rendered to the passengers, shipper or consignee: Pro- Proviso, local vided, That where local switching tariffs are in effect at a tariffs. competitive point, it shall be sufficient if the schedule state that the terminal charges shall be subject to the rules of such

state.

switching