the administrative board. The state highway commissioner shall be the agent of the state for the purpose of complying with the federal navigation laws. who to fix. SEC. 4. The charges and tolls for such service shall be Tolls, etc.. fixed by the said commissioner on the basis of cost including interest on investment and proper allowances for depreciation. SEC. 5. All revenues derived from such service shall be Revenues. placed in the state treasury in a special fund and all operating and other expenses shall be paid therefrom in accordance with the accounting laws of this state. fund. SEC. 6. The state administrative board shall create a re- Revolving volving fund of not to exceed one hundred fifty thousand dollars from moneys now available in the fund and not otherwise appropriated to make effective the provisions of this act. Approved May 2, 1923. [No. 107.] AN ACT to make appropriations for the superintendent of the capitol for the fiscal years ending June thirty, nineteen hundred twenty-four, and June thirty, nineteen hundred twenty-five, for maintenance, operation and other purposes. The People of the State of Michigan enact: purposes. SECTION 1. There is hereby appropriated from the general Amounts and fund for the superintendent of the capitol for the fiscal year ending June thirty, nineteen hundred twenty-four, the sum of one hundred ninety-seven thousand four hundred dollars, and for the fiscal year ending June thirty, nineteen hundred twenty-five, the sum of one hundred seventy-nine thousand nine hundred fifty dollars for the purposes and in the specific amounts as follows: How paid out. Fees, where deposited. Each of said amounts shall be used solely for the specific purposes herein stated, subject to the general supervisory control of the state administrative board. SEC. 2. The amounts hereby appropriated shall be paid out of the state treasury at such times and in such manner as is or may be provided by law. SEC. 3. All fees or other moneys received by said superintendent of the capitol shall be forwarded to the state treasurer each month and shall be by said treasurer deposited in the state treasury to be disbursed in such manner and for such purposes as may be provided by law. This act is ordered to take immediate effect. Section amended. Complaint, investigation, etc. [No. 108.] AN ACT to amend section seven of act number one hundred six of the public acts of nineteen hundred nine, entitled "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; 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 same being compiler's section four thousand eight hundred forty-eight of the compiled laws of nineteen hundred fifteen, as amended by act two hundred seventyfour of public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section seven of act number one hundred six of the public acts of nineteen hundred nine, entitled "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; 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 same being compiler's section four thousand eight hundred fortyeight of the compiled laws of nineteen hundred fifteen, as amended by act two hundred seventy-four of public acts of nineteen hundred twenty-one, is hereby amended to read as follows: SEC. 7. Upon complaint in writing by any consumer or 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, or with reference to the service rendered or any other matter of complaint, the commission shall investigate such complaint and may by its agents, examiners, inspectors, engineers and accountants 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 Notice, of such complaint with a copy thereof to be served on the how served. person, firm or corporation complained of or affected thereby which 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 notice. After such investigation and hearing, the com- May fix mission within lawful limits may by order fix the price of price. electricity to be charged by such person, firm or corporation, and the price so fixed, of which such person, firm or corporation shall have notice, shall be the price to be charged until the commission shall again fix the price to be charged therefor. Said commission may also by order establish such rules and conditions of service as shall be just and reasonable. In How determining the proper price, the commission shall consider determined. and give due weight to all lawful elements properly to be considered to enable it to determine the just and reasonable price to be fixed for supplying electricity, including cost, reasonable return on the fair 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: Pro- Proviso. vided, however, That the commission shall in no case have power to change or alter the price fixed in or regulated by or under any franchise heretofore or hereafter granted by any city, village or township: Provided further, Where identical Further or substantially identical rates prevail or are established, or shall hereafter be established in two or more contiguous municipalities or communities served or whose inhabitants are served by the same person, firm or corporation, the territory so served and to be served shall be treated as a unit' for the purpose of fixing rates and no such rate or rates shall be changed with respect to one or more of such municipalities or communities so as to establish any difference of rate within the territory so served, unless and until it shall be shown that the continuance of such identical or substantially identical rate or rates will work substantial hardship to some municipality or person, firm or corporation affected thereby. The prices, rates and charges of every electric utility shall be just and reasonable and no consumer shall at any time be charged more or less than other consumers are charged for like contemporaneous service rendered under similar circumstances and conditions, and if any electric utility doing business within this state shall directly or indirectly by any special rate, rebate, draw-back or other device, charge, demand, collect or receive from any person or persons, copartnership proviso. Rebate, etc., prohibited. Provisions governing hearings. Provisions governing appeals. or corporation, a greater or less compensation for any service rendered, furnished or performed, than it charges, demands, collects or receives from any other person, or persons, copartnership or corporation, for rendering, furnishing or performing for him or them a like contemporaneous service, such electric utility shall be guilty of unjust discrimination, which is hereby prohibited and declared to be unlawful. It shall further be unlawful for any person, copartnership or corporation, directly or indirectly to ask, demand or accept any rebate, draw-back or other device whereby he or they shall obtain electric service for any less rate than that charged others in like circumstances. The provisions of act number four hundred nineteen of the public acts of Michigan for the year nineteen hundred nineteen, shall, so far as applicable, govern the hearings before the said commission herein provided for, and the commission shall have power and authority to make, adopt and enforce rules and regulations for the conduct of its business and the proper discharge of its functions hereunder, and all persons dealing with the commission or interested in any matter or proceeding pending before it shall be bound by such rules and regulations. The provisions of act number three hundred of the public acts of nineteen hundred nine, as amended and now in force, shall apply as to appeals from any order of the commission to the circuit court and from the circuit court to the supreme court. Approved May 2, 1923. Section amended. [No. 109.] AN ACT to amend section two of act number two hundred thirty-six, public acts of nineteen hundred fifteen, entitled "An act to protect fish in the inland waters of this state and to regulate the manner of taking, possession, transportation, size and sale of fish when taken from said waters, to provide penalties for the violation of this act, and to repeal all acts and parts of acts conflicting therewith," being section seven thousand six hundred fifty-five of the compiled laws of nineteen hundred fifteen, as last amended by act number two hundred twenty of the public acts of nineteen hundred twenty-one. The People of the State of Michigan enact: SECTION 1. Section two of act number two hundred thirtysix, public acts of nineteen hundred fifteen, entitled "An act to protect fish in the inland waters of this state and to regulate the manner of taking, possession, transportation, size and sale of fish when taken from said waters, to provide penalties for the violation of this act, and to repeal all acts and parts of acts conflicting therewith," being section seven thousand six hundred fifty-five of the compiled laws of nineteen hundred fifteen, as last amended by act number two hundred twenty of the public acts of nineteen hundred twentyone, is hereby amended to read as follows: hook, etc., waters. inland waters SEC. 2. It shall be unlawful for any person or persons to Spear, grab take, catch or kill or attempt to take, catch or kill any fish unlawful to of any kind in any of the inland waters of this state with use in inland any kind of spear or grab hook, snag hook, or by the use of jack or artificial light of any kind or by the use of set or night lines, or any kind of a net, or of any kind of firearms, or any explosive substance or combination of substances which have a tendency to kill or stupefy fish, or any other device of whatsoever name or description, except the hook and line while held in the hand or under immediate control: Pro- Proviso, vided, however, That the spearing or catching by dip net of carp, etc. carp, mullet, red sides and suckers shall not be unlawful from March first to May fifteenth, both inclusive, in each year in the streams and rivers in the upper peninsula of this state, and during the months of March and April in each year in the streams and rivers in the lower peninsula of this state: Provided further, That for the purposes of this act, the in- Further land waters of this state shall be construed to be all the proviso, waters within the jurisdiction of the state of Michigan, except construed. Lakes Michigan, Superior, Huron and Erie, and the bays connected therewith: Provided further, That a hook and line Further proshall be construed to be a single line, or single rod and line, viso, hook with hook or hooks attached while being used for still fish- construed. ing, or single line, or single rod and line, with single hook or hooks or with a natural or artificial bait not to exceed six inches in length with one or more hooks or gangs of hooks attached, to be used for casting or trolling for fish which shall be by means of the fish taking the bait or hook in the mouth: Provided further, That any person or persons may Further prouse not to exceed five lines with single hooks attached for viso, ice lines. the purpose of taking any kinds of fish, except brook trout and bass, through the ice during the months of December, January, February and March in each year, said lines to be termed "ice lines", and that any person or persons may use two lines or rods and lines with hooks attached while fishing from a boat: Provided further, That any person or Further propersons may use minnow seines, not to exceed twenty feet viso, minnow in length in the inland streams and rivers in this state, and not to exceed thirty feet in length and not to exceed five feet in width in the inland lakes of this state, for the purpose of taking chubs, shiners, suckers, dace and stoneroller minDows from any of the inland waters of this state to be used for bait only in hook and line fishing: Provided further, That Further it shall hereafter be lawful in the months of January and proviso. February in each year to take, catch or kill through the ice by the use of a spear, any and all kinds of fish, except brook seines. |