Article XI.
Corporations Other Than Municipal

Section 7.

Select dates to read amendment and select a date from the dropdown to compare the changes.

The commission shall have power and be charged with the duty of fixing, determining, supervising, regulating and controlling all charges and rates of railway, express, telegraph, telephone, sleeping car and other transportation and transmission companies and common carriers within the state and of determining any matters of public convenience and necessity relating to such facilities as expressed herein in the manner which has been or shall be provided by law; to require railway companies to provide and maintain adequate depots, stockpens, station buildings, agents and facilities for the accommodation of passengers and for receiving and delivering freight and express; to provide and maintain necessary crossings, culverts and sidings upon and alongside their roadbeds, whenever in the judgment of the commission the public interests demand, and as may be reasonable and just. The commission shall also have power and be charged with the duty to make and enforce reasonable and just rules requiring the supplying of cars and equipment for the use of shippers and passengers, and to require all intrastate railways, transportation companies or common carriers, to provide such reasonable safety appliances in connection with all equipment, as may be necessary and proper for the safety of its employees and the public, and as are now or may be required by the federal laws, rules and regulations governing interstate commerce. The commission shall have power to change or alter such rates, to change, alter or amend its orders, rules, regulations or determinations, and to enforce the same in the manner prescribed herein; provided, that in the matter of fixing rates of telephone and telegraph companies, due consideration shall be given to the earnings, investment and expenditure as a whole within the state. The commission shall include in that consideration the earnings, investment and expenditures derived from or related to the sale of directory advertising and other directory listing services. No general change in a rate, fare or charge shall be collected by any telephone or telegraph company or common carrier until such proposed increase is approved by the commission or, in the event of removal, until such proposed increase is approved by the supreme court except as otherwise provided in this constitution. The commission shall have power to subpoena witnesses and enforce their attendance before the commission, through any district court or the supreme court of the state, and through such court to punish for contempt; and it shall have power, upon a hearing, to determine and decide any question given to it herein, and in case of failure or refusal of any person, company or corporation to comply with any order within the time limit therein, unless an order of removal shall have been taken from such order by the company or corporation to the supreme court of this state, it shall immediately become the duty of the commission to remove such order, with the evidence adduced upon the hearing, with the documents in the case to the supreme court of this state. Any company, corporation or common carrier which does not comply with the order of the commission within the time limited therefor, may file with the commission a petition to remove such cause to the supreme court, and in the event of such removal by the company, corporation or common carrier, or other party to such hearing, the supreme court may, upon application, in its discretion or of its own motion, require or authorize additional evidence to be taken in such cause; but in the event of removal by the commission, upon failure of the company, corporation or common carrier, no additional evidence shall be allowed. The supreme court, for the consideration of such causes arising hereunder, shall be in session at all times, and shall give precedence to such causes. Any party to such hearing before the commission, shall have the same right to remove the order entered therein to the supreme court of the state, as given under the provisions hereof to the company or corporation against which such order is directed.
In addition to the other powers vested in the supreme court by this constitution and the laws of the state, the said court shall have the power and it shall be its duty to decide such cases on their merits, and carry into effect its judgments, orders and decrees made in such cases, by fine, forfeiture, mandamus, injunction and contempt or other appropriate proceedings.

The commission shall have power and be charged with the duty of fixing, determining, supervising, regulating and controlling all charges and rates of railway, express, telegraph, telephone, sleeping-car and other transportation and transmission companies and common carriers within the state and of determining any matters of public convenience and necessity relating to such facilities as expressed herein in the manner which has been or shall be provided by law; to require railway companies to provide and maintain adequate depots, stock-pens, station buildings, agents and facilities for the accommodation of passengers and for receiving and delivering freight and express; to provide and maintain necessary crossings, culverts and sidings upon and alongside their roadbeds, whenever in the judgment of the commission the public interests demand, and as may be reasonable and just. The commission shall also have power and be charged with the duty to make and enforce reasonable and just rules requiring the supplying of cars and equipment for the use of shippers and passengers, and to require all intrastate railways, transportation companies or common carriers, to provide such reasonable safety appliances in connection with all equipment, as may be necessary and proper for the safety of its employees and the public, and as are now or may be required by the federal laws, rules and regulations governing interstate commerce. The commission shall have power to change or alter such rates, to change, alter or amend its orders, rules, regulations or determinations, and to enforce the same in the manner prescribed herein; provided, that in the matter of fixing rates of telephone and telegraph companies, due consideration shall be given to the earnings, Investment and expenditure as a whole within the state. No general change in a rate, fare or charge shall be collected by any telephone or telegraph company or common carrier until such proposed increase is approved by the commission or, in the event of removal, until such proposed increase is approved by the supreme court except as otherwise provided in this constitution. The commission shall have power to subpoena witnesses and enforce their attendance before the commission, through any district court or the supreme court of the state, and through such court to punish for contempt; and it shall have power, upon a hearing, to determine and decide any question given to it herein, and in case of failure or refusal of any person, company or corporation to comply with any order within the time limit therein, unless an order of removal shall have been taken from such order by the company or corporation to the supreme court of this state, it shall immediately become the duty of the commission to remove such order, with the evidence adduced upon the hearing, with the documents in the case to the supreme court of this state. Any company, corporation or common carrier which does not comply with the order of the commission within the time limited therefor, may file with the commission a petition to remove such cause to the supreme court, and in the event of such removal by the company, corporation or common carrier, or other party to such hearing, the supreme court may, upon application, in its discretion or of its own motion, require or authorize additional evidence to be taken in such cause; but in the event of removal by the commission, upon failure of the company, corporation or common carrier, no additional evidence shall be allowed. The supreme court, for the consideration of such causes arising hereunder, shall be in session at all times, and shall give precedence to such causes. Any party to such hearing before the commission, shall have the same right to remove the order entered therein to the supreme court of the state, as given under the provisions hereof to the company or corporation against which such order is directed.
In addition to the other powers vested in the supreme court by this constitution and the laws of the state, the said court shall have the power and it shall be its duty to decide such cases on their merits, and carry into effect its judgments, orders and decrees made in such cases, by fine, forfeiture, mandamus, injunction and contempt or other appropriate proceedings.

The commission shall have power, and be charged with the duty of fixing, determining,
supervising, regulating, and controlling all charges and rates of railway, express, telegraph,
telephone, sleeping car, and other transportation and transmission companies and common
carriers within the State; to require railway companies to provide and maintain adequate depots,
stock pens, station buildings, agents, and facilities for the accommodation of passengers and for
receiving and delivering freight and express; and to provide and maintain necessary crossings,
culverts, and sidings upon and alongside of their roadbeds whenever in the judgment of the
commission the public interests demand, and as may be reasonable and just. The commission
shall also have power and be charged with the duty to make and enforce reasonable and just rules
requiring the supplying of cars and equipment for the use of shippers and passengers, and to
require all intrastate railways, transportation companies, or common carriers to provide such
reasonable safety appliances in connection with all equipment as may be necessary and proper
for the safety of its employees, and the public, and as are now and may be required by the
Federal laws, rules, and regulations governing interstate commerce. The commission shall have
power to change or alter such rates, to change, alter, or amend its orders, rules, regulations, or
determinations, and to enforce the same in the manner prescribed herein: Provided, That ill the
matter of fixing rates of telephone and telegraph companies due consideration shall be given to
the earnings, investment, and expenditure as a whole within the State.
The commission shall have power to subpoena witnesses and enforce. their attendance before the
commission through any district courts or the supreme court of the State, and through such court
to punish for contempt, and it shall have power, upon a. hearing, to determine and decide any
question given to it herein, arid in case of failure or refusal. of any person, company, or
corporation to comply with any order within the time limit therein, unless an order of removal
shall have been taken from such order by the company or corporation to the supreme court of
this State, it shall immediately become the duty of the commission to remove such order, with
the evidence adduced upon the hearing, with the documents in the case, to the supreme court of
this State. Any company, corporation, or common carrier which does not comply with the order
of the commission within the dine limited therefor may file with the commission a petition to
remove such cause to the supreme court, and in the event of such removal by the company,
corporation, of common carrier or other party to such hearing, the supreme court may, upon
application, in its discretion or of its own motion, require or authorize additional evidence to be
taken in such cause, but in the event of removal by the commission, upon failure of the company,
corporation, or common carrier,. no additional evidence shall be allowed. The supreme court, for
the consideration of such causes arising hereunder, shall be in session at all times and shall give
precedence to such causes. Any party to such hearing before the commission shall have the same
right to remove the order entered therein to the supreme court of the State as given under the
provisions hereof to the company or corporation against which such order is directed.
In addition to the other powers vested in. the supreme court by this constitution and tile laws of
the State, the sold court shall have the power, and it shall be its duty, to decide such cases on
their merits and carry into effect its judgments. Orders, and decrees made in such cases by fine,
forfeiture, mandamus, injunction, and contempt or any other appropriate proceedings.

Redlined Comparison between 1912 and 1982 Amendment (includes interim changes)

Removed from 1912 Added to 1982

Reset