Section IX-18: Powers and duties - Notice before taking action - Process for witnesses - Authority of Legislature - Municipal powers.

    The Commission shall have the power and authority and be charged
with the duty of supervising, regulating and controlling all
transportation and transmission companies doing business in this
State, in all matters relating to the performance of their public
duties and their charges therefor, and of correcting abuses and
preventing unjust discrimination and extortion by such companies; and
to that end the Commission shall, from time to time, prescribe and
enforce against such companies, in the manner hereinafter authorized,
such rates, charges, classifications of traffic, and rules and
regulations, and shall require them to establish and maintain all
such public service, facilities, and conveniences as may be
reasonable and just, which said rates, charges, classifications,
rules, regulations, and requirements, the Commission may, from time
to time, alter or amend.  All rates, charges, classifications, rules
and regulations adopted, or acted upon, by any such company,
inconsistent with those prescribed by the commission, within the
scope of its authority, shall be unlawful and void.  The commission
shall also have the right, at all times, to inspect the books and
papers of all transportation and transmission companies doing
business in this State, and to require from such companies, from time
to time, special reports and statements, under oath, concerning their
business; it shall keep itself fully informed of the physical
condition of all the railroads of the State, as to the manner in
which they are operated, with reference to the security and
accommodation of the public, and shall, from time to time, make and
enforce such requirements, rules, and regulations as may be necessary
to prevent unjust or unreasonable discrimination and extortion by any
transportation or transmission company in favor of, or against any
person, locality, community, connecting line, or kind of traffic, in
the matter of car service, train or boat schedule, efficiency of
transportation, transmission, or otherwise, in connection with the
public duties of such company.  Before the Commission shall prescribe
or fix any rate, charge or classification of traffic, and before it
shall make any order, rule, regulation, or requirement directed
against any one or more companies by name, the company or companies
to be affected by such rate, charge, classification, order, rule,
regulation, or requirement, shall first be given, by the Commission,
at least ten days' notice of the time and place, when and where the
contemplated action in the premises will be considered and disposed
of, and shall be afforded a reasonable opportunity to introduce
evidence and to be heard thereon, to the end that justice may be
done, and shall have process to enforce the attendance of witnesses;
and before said Commission shall make or prescribe any general order,
rule, regulation, or requirement, not directed against any specific
company or companies by name, the contemplated general order, rule,
regulation, or requirement shall first be published one time in
substance in one or more of the newspapers of general circulation
published in the county in which the Capitol of this State may be
located, together with the notice of the time and place, when and
where the Commission will hear any objections which may be urged by
any person interested, against the proposed general order, rule,
regulation, or requirement; and every such general order, rule,
regulation, or requirement, made by the Commission, shall be
published at length, in the next annual report of the Commission.
The authority of the Commission (subject to review on appeal as
hereinafter provided) to prescribe rates, charges, and
classifications of traffic, for transportation and transmission
companies, shall, subject to regulation by law, be paramount; but its
authority to prescribe any other rules, regulations or requirements
for corporations or other persons shall be subject to the superior
authority of the Legislature to legislate thereon by general laws:
Provided, However, That nothing in this section shall impair the
rights which have heretofore been, or may hereafter be, conferred by
law upon the authorities of any city, town or county to prescribe
rules, regulations, or rates of charges to be observed by any public
service corporation in connection with any services performed by it
under a municipal or county franchise granted by such city, town, or
county, so far as such services may be wholly within the limits of
the city, town, or county granting the franchise.  Upon the request
of the parties interested, it shall be the duty of the Commission, as
far as possible, to effect, by mediation, the adjustment of claims,
and the settlement of controversies, between transportation or
transmission companies and their patrons or employees.