265 Pa. 274 | Pa. | 1919
Opinion by
The Perry County Telephone & Telegraph Company was incorporated under the general Corporation Act of April 29,1874, P. L. 73, with authority to locate its lines over certain designated routes in Perry County. In 1915, desiring to extend its lines, application was made for amendment to its charter, specifying a number of additional routes and connections. The application was approved by the secretary of the Commonwealth, whereupon the Public Service Commission was petitioned for its consent and for a certificate of public convenience, as required by Section 18 of the Public Service Company Act of July 26, 1913, P. L. 1374. Objection to several routes named in the amended charter was made by the Cumberland Yalley Telephone Company, alleging
Appellant contends the conclusion reached by the Public Service Commission and the Superior Court is inconsistent with the general policy indicated in Article XVI, Section 12, and Article XVII, Section 4, of the Constitution, prohibiting the consolidation of telegraph, railroad and canal companies, thus indicating an intent to maintain open and free competition in rates and facilities. The latter article relates to “railroads and canals” only and section 4 provides, in substance, that no railroad, canal or other corporation shall consolidate with or in any way control a parallel or competing line and must, therefore, be limited in its application to companies mentioned. This section has been construed not to include street railway companies: Gyger v. Phila. City Pass. Ry. Co., 136 Pa. 96. While the section is relied upon by appellant merely for the purpose of indicating a general policy established for the control of means of public transportation or communication, the two facilities are so entirely distinct that little help can be derived from a further reference to this provision, especially when we find in another section of the Constitution express provision governing telegraph companies.
While the language quoted was applied in cases where the question was one of construction of corporate franchises under statutory provision, the general principles governing the construction of statutes apply also to the interpretation of constitutions: 12 Corpus Juris 699; Booth & Flinn, Ltd., v. Miller, 237 Pa. 297, 306.
The provision in question, it will be .observed, while not self-executing, is subject to “reasonable regulations” to be fixed by the legislature. Although it would be the duty of this court to declare invalid as unreasonable a regulation clearly violating rights expressly granted, yet the express power thus given the legislature to impose conditions upon the granting and use of a public
In passing the Public Service Company Law of 1913, the legislature apparently had in mind the fact that with respect to certain public service facilities the construction of competing lines must, at times, tend to impose additional burdens on the public without proportionate benefits and, accordingly, placed on telephone companies the duty of transmitting messages without unreasonable interruption or delay and also the further duty of making connection with the lines of other companies for the interchange of conversation at such times and places as it could be done conveniently, without injury to the other company, and when necessity existed for such union. Article V, section 9, of the act contains a similar provision investing the Public Service Commission with power to require connection of systems and facilities. By another section the commission is authorized to inquire into and regulate rates charged by public service companies. We thus have express legislative provisions
The judgment of the Superior Court is affirmed, and the appeal is dismissed at the cost of appellant.