his widow and children, if any; if none, then for his parents; if none, then for his next of kin, for all damages which may result from the negligence of any such railroad company or from the negligence of any of its officers, agents or employes, or by reason of any defect or insufficiency due to the negligence of any such common carrier railroad company in its cars, engines, appliances, machinery, track, road bed, works, boats, wharves, coal docks or other equipment.

negligence

Pro- Proviso.

SEC. 2. In all actions hereafter brought against any such contributory common carrier railroad company under or by virtue of any ner a of the provisions of this act to recover damages for personal recovery. injury to an employe, or where such injuries have resulted in his death, the fact that the employe may have been guilty of contributory negligence shall not bar a recovery: rided, That the negligence of such employe was of a lesser degree than the negligence of such company, its officers, agents or employes: Provided further, That no such employe Further who may be injured or killed shall be held to have been proviso. guilty of contributory negligence in any case where the violation by such common carrier railroad company of any statute enacted for the safety of employes contributed to the injury of such employe, and such employe shall not be held to have assumed the risk of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employes contributed to the injury or death of such employe.

defined.

SEC. 3. The words "railroad company," as used in this Railroad act, shall be taken to embrace any company, association, cor- company poration, or person managing, maintaining, operating, or in possession of a common carrier railroad in whole or in part within this State, whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.

etc., contract

SEC. 4. No contract of employment, insurance, relief Employment, benefit, or indemnity for injury or death entered into by or of. on behalf of any employe, nor the acceptance of any such insurance, relief benefit or indemnity by the person entitled thereto, shall constitute any bar or defense to any action brought to recover damages for personal injuries to, or death of such employe: Provided, however, That upon the trial of Proviso. such action, the defendant may set off therein any sum it has contributed toward any such insurance, relief benefit or indemnity that may have been paid to the injured employe, er, in case of his death, to his personal representative.

SEC. 5. No action shall be maintained under this act un- Action, when less commenced within two years from the time the cause of to begin. action accrued.

SEC. 6. Nothing in this act shall be held to limit the duty Rights not of common carrier railroad companies, or impair the rights impaired. of their employes under existing laws of the State.

SEC. 7. The provisions of this act shall not apply to em- Not to apply ployes working in shops or offices.

Approved May 19, 1909.

to certain employes.

Amusements, etc., debarment from.

May recover

[No. 105.]

AN ACT making it unlawful for any common carrier, innkeeper or proprietor or lessee of any place of public amusement or entertainment, or any agent, servant or representative of any such common carrier, inn-keeper, proprietor or lessee as aforesaid, to debar from the full and equal enjoyment of the accommodations, advantages, facilities or privileges of any public conveyance on land or water, or any inn or place of public amusement or entertainment, any person in the military or naval service of the United States or of this State, and providing a remedy for such disbarment.

The People of the State of Michigan enact:

SECTION 1. It shall be unlawful for any common carrier, inn-keeper or proprietor or lessee of any place of public amusement or entertainment, or any agent, servant or representative of any such common carrier, inn-keeper, proprietor or lessee as aforesaid, to debar from the full and equal enjoyment of the accommodations, advantages, facilities, or privileges of any public conveyance on land or water, or any inn or of any place of public amusement or entertainment any person in the military or naval service of the United States or of this State, wearing the uniform prescribed for him at that time or place by law, regulation, or the service or custom, on account of his wearing such uniform, or of his being in such service.

SEC. 2. Any person who is debarred from such enjoyment damages, etc. contrary to the provisions of section one of this act, shall be entitled to recover in an action on the case from any corporation, association or person guilty of such violation, his actual damages and one hundred dollars in addition thereto; and evidence that said person debarred was at the time sober, orderly and able and willing to pay for said enjoyment in accordance with the rates fixed therefor for civilians, shall be prima facie evidence in said action that he was debarred on account of his wearing such uniform or of his being in such service.

Approved May 19, 1909.

[No. 106.]

AN ACT to regulate the transmission of electricity through the public highways, streets and places of this State where the source of supply and place of use are in the same or different counties; and to regulate the charges to be made for electricity so transmitted; and to vest the Michigan Railroad Commission with certain powers and duties in regard thereto.

The People of the State of Michigan enact:

transmission

SECTION 1. When electricity is generated or developed by Control of steam, water or other power within one county of this State, of electricity. and transmitted and delivered to the consumer in the same or some other county, then the transmission and distribution of same in or on the public highways, streets and places, and the rate of charge to be made to the consumer for the elec tricity so transmitted and distributed shall be subject to the regulation as in this act provided.

sion.

SEC. 2. The Michigan Railroad Commission, hereinafter Michigan Railreferred to as "the commission," shall have control and su- road Commispervision of the business of transmitting and supplying electricity as mentioned in the first section of this act.

SEC. 3. Any person, firm or corporation engaged or or Right to use of highways. ganized to engage in any such business of transmitting and supplying electricity in one or more counties of this State, shall, with the consent of the duly constituted city, village and township authorities of the cities, villages and townships in or through which it operates or may hereafter propose to operate, have the right to use the highways, streets, alleys and other public places of such cities, villages and townships: Provided, That in all cases each transmission line Proviso, used shall have insulation and conductivity in accordance insulation. with its voltage. In case it has or procures a franchise from Local any city, village or township, it may transact a local busi- business. ness therein. Nothing herein contained shall be construed Impairment of rights. to impair any right possessed by any village or township to the reasonable control of their streets, alleys and public places in all matters of more local concern.

show

SEC. 4. Before any person, firm or corporation shall erect Map, where any lines for the transmission of electricity in or through filed, what to the highways, streets or public places of one or more counties of this State, such corporation shall file with the commission a map drawn to such scale as the commission may require, showing the route or routes it proposes to traverse with its lines, the height from the ground, which at highway crossings shall not be less than thirty feet, and at railroad crossings shall be in accordance with the regulations of the

Consent, certified copies of.

Franchises.

Proposed extensions.

Power and duty of commission.

Idem.

Annual report.

Complaints, investigation

of.

Notice of hearing.

commission made under authority of law; and such other information as the commission may reasonably require, together with certified copies of each consent of such cities, villages and townships as it has procured applicable to such proposed line; and a certified copy of any and all franchises under which it proposes to transact local business in the several municipalities. Whenever any such person, firm or corporation proposes to extend its line, a similar map and copies of such consent and franchise as it has secured applicable to such proposed extension shall be filed.

SEC. 5. The commission shall have power to inspect and examine all such electrical apparatus already installed in any public highways, streets or places, and all such apparatus hereafter installed, and to investigate from time to time the method employed by persons, firms or corporations transmitting and supplying electricity, and shall have power to order such improvements in such method as it shall be necessary to secure good service and the safety of the public and of those employed in the business of transmitting and distributing such electricity, and of any persons liable to be injured by the erection, maintenance and use of such apparatus.

SEC. 6. The commission shall have power in its discretion to order electric current for distribution to be delivered at a suitable primary voltage, to any city, village or township through which a transmission line or lines may pass; prescribe uniform methods of keeping accounts to be observed by all corporations engaged in such business of transmitting and supplying electricity, and to keep informed as to the methods employed by them in the transaction of their business; and to see that their property is maintained and operated for the security and accommodation of the public and in compliance with the provisions of law. It shall have power to require of such persons, firms or corporations annually a verified report upon such form and giving such information as will enable the commission to better discharge the duties imposed upon it hereby.

SEC. 7. Upon complaint in writing by any city, village or township, by its duly constituted common or village council or township board, or other duly constituted authority of such city, village or township, relative to the price of the electricity sold and delivered in such municipality, the commission shall investigate such complaint and may by its agents, examiners and inspectors, inspect the system and method used in transmitting and supplying electricity, and examine or cause to be examined the books and papers of such person, firm or corporation pertaining thereto. The commission shall cause notices of such complaint with a copy thereof to be served on the corporation affected thereby who shall have a right to be heard in respect to the matter complained of at a convenient time and place to be fixed in such

maximum

considered in

notice. After such investigation and hearing, the commis- Order fixing sion within lawful limits may by order fix the maximum price. price of electricity to be charged by such corporation, and the price so fixed, of which such corporation shall have notice, shall be the maximum price in such municipality until the commission shall upon like complaint or upon the complaint of the person, firm or corporation engaged in furnishing such electricity, again fix the maximum price to be charged therefor. In determining such maximum price, the Elements commission shall consider and give due weight to all lawful determination. elements proper to be considered to enable it to determine the just and reasonable price to be fixed for supplying elec tricity in such municipality, including cost, reasonable return on actual value of all property used in the service, depreciation, obsolescence, risks of business, value of service to the consumer, the connected load, the hours of the day when used and the quantity used each month: Provided, Proviso, price however, That the commission shall in no case have power to fixed under change or alter the price for electricity fixed in or regulated by or under any franchise heretofore or hereafter granted by any city, village or township: Provided further, That the Further maximum rate so fixed shall not limit the right of such per rate. son, firm or corporation to supply electricity for a less rate if it charges all customers at the same rate for electricity simultaneously used under like conditions. No corporation or person engaged in the business of supplying electricity shall be entitled to have, receive, or recover a greater charge for electricity supplied to any consumer than that fixed by the commission after the same has been fixed as provided herein. The provisions of the act governing hearings before Act said commission as to rates for transportation of freight by hearings." railroads shall so far as applicable govern the hearings before said commission herein provided for.

franchise.

proviso, less

governing

with orders.

SEC. 8. Every corporation, its officers, agents and em- Compliance ployes, and all persons and firms engaged in the business of furnishing electricity as aforesaid shall obey and comply with every lawful order made by the commission under the authority of this act so long as the same shall remain in force. Any corporation or person engaged in such busi- Penalty. ness, or officer, agent, or employe thereof, who wilfully or knowingly fails or neglects to obey or comply with such order or any provision of this act shall forfeit to the State of Michigan not to exceed the sum of three hundred dollars for each offense. Every distinct violation of any such order or of this Separate act, shall be a separate offense, and in case of a continued violation each day shall be deemed a separate offense. An Action of action to recover such forfeiture may be brought in any court recovery. of competent jurisdiction in this State in the name of the people of the State of Michigan, and all moneys recovered for any such action, together with the costs thereof, shall be paid into the State treasury to the credit of the general fund.

offenses.