[Substitute Proposition Number 113 as Amended by the Committee of the Whole]

Section 1. A Corporation Commission is hereby created to be composed of three persons, who shall be elected at the general election to be held under the provisions of the Enabling Act, and whose terms of office shall be co-terminous with that of the governor of the state elected at the same time, and who shall maintain their chief office, and reside at the state capital. At the first general state elections held under the Constitution of this state, at which a governor is voted for, three commissioners shall be elected who shall, from and after the first Monday in January next succeeding said election, hold office as follows:

The one receiving the highest number of votes shall serve six years, and the one receiving the second highest number of votes shall serve four years, and the one receiving the third highest number of votes shall serve two years. And one commissioner shall be elected every two years thereafter. In case of vacancy in said office, the governor shall fill such vacancy by appointment until a successor shall be elected at a general election as provided by law, and shall have qualified. The qualifications of commissioners may be prescribed by law.

Section 3. All corporations engaged in carrying persons or property for hire; or in furnishing gas, oil or electricity for light, fuel or power; or in furnishing water for irrigation, fire protection, or other public purposes; or in furnishing for profit, hot or cold air or steam for heating or cooling purposes; or in transmitting messages or furnishing public telegraph or telephone service; and all corporations operating as common carriers, or having or exercising the right of eminent domain, shall be deemed public service corporations.

Section 4. The Corporation Commission shall have full power to and shall prescribe just and reasonable classification to be used, and just and reasonable rates and charges to be made and collected by public service corporations with in the state for service rendered therein, and make reasonable rules, regulations and orders by which such corporations shall be governed in the transaction of business within the state, and may prescribe the forms of contracts, and the systems of keeping accounts to be used by such corporations in transacting such business, and make and enforce reasonable rules, regulations and order for the convenience, comfort and safety, and the preservations of the health of the employees and patrons of such corporations; Provided that the legislature may be law authorize incorporated cities and towns to exercise supervision over public service corporations doing business therein, including the regulations of rates and charges to be made and collected by such corporations.

Section 5. The Corporation Commission, and the several members thereof, shall have power to inspect and investigate the property, books, papers, business, methods and affairs of any public service corporation doing business within the state, and for the purpose of the Commission, and of the several members thereof shall have the power of a court of general jurisdiction to enforce the attendance of witnesses and the production of evidence by subpoena, attachment and punishment, and which said power shall extend throughout the state. The Commission shall have power to take testimony under commission or deposition either within or without the state.

Section 6. The legislature may enlarge the powers and extend the duties of the Corporation Commission, and may prescribe rules and regulations to govern proceedings instituted by and before it; but until such rules and regulations are provided by law the Commission may make rules and regulations for such purposes.

Section 7. Every public service corporation organized, or authorized, under the laws of the state, to do any transportation or transmission business within the state shall have the right to construct and operate lines connecting any points within the state, and to connect at the state boundaries with like lines; and every such corporation shall have the right with any of its lines to cross, intersect, or connect with, any lines of any other public service corporation.

Section 8. Every public service corporation doing a transportation business within the state shall receive and transport without delay or discrimination, cars loaded or empty, property, or passengers delivered to it by any other public service corporation doing a similar business, and deliver cars, loaded or empty, without delay or discrimination to other transportation corporations, under such regulations as shall be prescribed by the Corporation Commission, or by law.

Section 9. Every public service corporation engaged in the business of transmitting messages for profit shall receive and transmit without delay or discrimination any messages delivered to it by any other public service corporation engaged in the business of transmitting messages for profit, and shall, with its lines, make physical connections with the lines of any public service corporation engaged in the business of transmitting messages for profit, under such rules and regulations as shall be prescribed by the Corporation Commission, or by law; Provided that such public service corporations shall deliver messages to other such corporations without delay or discrimination under such rules and regulations as shall be prescribed by the Corporation Commission, or by law.

Section 10. Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and all railroad, car, express, electric, transmission, telegraph, telephone or pipe line corporations, for the transportation of persons, electricity, messages, water and other property for profit, are declared to be common carriers and subject to control by law.

Section 11. The rolling stock and all other movable property belonging to any public service corporation in this state, shall be considered personal property, and its real and personal property, or any part thereof, shall be liable to attachment, execution and sale in the same manner as the property of individuals; and the legislature shall pass no laws exempting any such property from attachment, execution or sale.

Section 12. All charges made for service rendered, or to be rendered by public service corporations, within this state shall be just and reasonable, and no discrimination in charges, services or facilities shall be made between persons or places for rendering a like and contemporaneous service, except that free or reduced rate transportation may be authorized by law, or by the Corporation Commission, under the conditions prescribed in the Act of Congress, of February 11, 1887, entitled An Act to Regulate Commerce, and the amendment thereto, permitting the granting of free or reduced rate transportation.

Section 13. All public service corporations shall make such reports, under oath, and provide such information, concerning their acts and operations as may be required by law, or by the Corporation Commission; and when the value so reported of the franchises, and the property of any such corporation exceeds the value reported by such corporation to the State Board of Equalization, or Assessor, the value reported for purposes of taxation may be used as the value in determining and fixing the rates and charges to be made and collected for services of such corporation.

Section 14. The Corporation Commission shall, to aid them in the proper discharge of their duties ascertain the fair value of the property within the state of every public service corporation doing business therein; and every public service corporation doing business within the state shall furnish to the commission all evidence in its possession, and all assistance in its power requested by the Commission in aid of the determination of the value of the property within the state of such public service corporation.

Section 15. No public service Corporation in existence at the time of the adoption of this Constitution shall have the benefit of any future legislation except on condition of complete acceptance of all provisions of this Constitution applicable to Public Service Corporations.

Section 16. If any public service corporation shall violate any of the rules, regulations, orders or decisions of the Commission, such corporation shall forfeit and pay to this state not less than $100; nor more than $5000 for each such violation, to be recovered before any court of competent jurisdiction.

Section 17. Nothing herein shall be construed as denying to public service corporations the right of appeal to the courts of the state from the rules, regulations, order or decrees fixed by the Corporation Commission, but the rules, regulations orders or decrees so fixed shall remain in force pending the decision of the courts.

Section 18. Until otherwise provided by law, each commissioner shall receive a salary of three thousand ($3000.00) dollars a year, together with his actual necessary expenses when away from home in the discharge of the duties of his office.

Section 19. The Corporation Commission shall have power and authority to enforce its rules, regulations and orders by the imposition of such fines as it may deem just, within the limitations prescribed in the Section 16 of this Article.

• Substitute Proposition Number 113 as Amended by the Committee of the Whole (introduced on 1910-11-23 19:30:00 - CREATE_FROM - e943006) [This document] [view current proposal at this moment]
  • Committee of the Whole Recommendation to Adopt Substitute Proposition Number 113 as Amended (introduced on 1910-11-23 19:30:00 - PROCEDURE - e943034) [view current proposal at this moment]
    • None (introduced on 1910-11-23 19:30:00 - ADOPT_PROPOSAL - e943042) [view current proposal at this moment]