SEC. 77-9-11. Regulation and revision of tariffs of charges.
(1) It is the duty of every railroad or other common carrier to furnish to the public service commission its tariff of charges for transporting passengers and freight from point to point within, and from points without to points within, and from points within to points without the state, and including all joint tariffs with connecting lines. The commission shall revise such of said tariffs as are not subject to the exclusive regulation of congress, and determine whether or not, and in what particular, any of the charges are more than reasonable compensation for the services to be rendered, and whether or not discrimination be made improperly against any person, corporation, or locality. The commission shall require the proper corrections to be made, and, when the tariffs have been corrected, the commission shall append to each its certificate of approval. The commission shall fix and regulate tariffs of charges for all railroads or other common carriers which fail to furnish their tariffs as required. In revising, fixing and regulating charges for transportation, the commission shall take into consideration the character and nature of the service to be rendered and the entire business of the railroad or other common carrier and its earnings from all kinds of traffic, and shall so revise, fix and regulate the charges as to allow reasonable compensation for the services to be rendered. It shall exercise a watchful and careful supervision over the tariffs of charges of every railroad and other common carrier, and shall revise the same from time to time, as justice to the public and the railroad and other common carriers may require. The commission shall increase or reduce any of the rates as experience and business operations show to be just. In fixing joint tariffs of rates for connecting lines, the commission shall determine the proportion to be charged by each of the railroads or other common carriers. The commission shall regulate and fix the rates to be charged on short hauls in excess of what may be charged on long hauls, and it shall determine in all cases whether the circumstances and conditions be or be not substantially similar. All rates fixed or revised by the commission on the interstate traffic of interstate lines shall be advisory only as to them.
The commission may exercise the powers conferred by this subsection under proceedings instituted upon its own motion as well as by petition.
(2) The public service commission may fix the charges of and shall supervise and regulate all persons, natural or artificial, who may own or operate express, sleeping-car companies, car service associations, or other associations governing or controlling cars or rolling stock of railroads in this state in the same manner as railroads. It is the duty of each such person to have and maintain fixed rates for doing business, which shall, without discrimination between persons, corporations, or localities, be applicable, under similar circumstances to all persons alike; to submit its tariff of charges of its company to the commission for approval; and to comply with the orders and regulations of the commission made in supervising its company, in like manner and under like penalties against its company, its officers and employees, as is provided in the case of railroads. The persons, whether natural or artificial, owning or operating such companies, shall be liable civilly and criminally for extortion in the same manner as railroads.
SOURCES: Codes, 1892, Secs. 4290, 4291; 1906, Secs. 4842, 4843; Hemingway's 1917, Secs. 7627, 7628; 1930, Secs. 7095, 7096; 1942, Secs. 7871, 7872.
SOURCE: 1997 Laws, Chapter 460, Sec. 4, SB2997, Effective July 1, 1997.