1904, art. 23, sec. 336. Requires every telephone company engaged in the general telephone business. to supply all applicants for telephone connections and facilities with such connections and facilities without discrimination; nor shall such companies discriminate against any individual or company engaged in the same business by requiring as a condition for furnishing such facilities that they shall not be used in the business of the applicant or otherwise for any lawful purpose.

Montana. Const. 1888, art. 25, sec. 14. Telephone companies have the right to connect their lines of telephone with other lines of telephone within the state and the legislature shall by law of uniform operation provide reasonable regulation to give full effect to this section.

Civil Code, 1895, sec. 1001. Telephone companies have the right to connect their respective lines with other lines and in case such corporations cannot agree as to the compensation to be paid for the privilege of connection, the acquiring of the right by the one to use the line of the other, may be had in proceedings under the Code of Civil Procedure and the damages assessed and the right of connection granted as proIvided in the Code of Civil Procedure.

Under the Montana constitution and statutes a telephone company is compelled to furnish physical connection and the use of its line to any other telephone company. If no agreement is reached the damages must be assessed as provided under Code of Civil Procedure, sec. 2220. Billings Mutual Tel. Co. v. Rocky Mountain Bell Tel. Co., (1907), 155 Fed. 207. Oklahoma. Const. 1907, art. 9, sec. 5. All telephone companies operated for hire shall transmit each other's

messages and make physical connections with each other's lines under such rules and regulations as may be prescribed by law or by any commission created by this constitution, or any act of the legislature for that purpose.

Since the adoption of the constitution the telephone companies are complying with this provision and the corporation commission which has the power to regulate telephone companies has not found it necessary to make any order prescribing rules and regulations regarding physical connection.

South Carolina. Laws of 1904, p. 496. The railroad commission has the power to require reasonable connections to be made and maintained when practicable between the lines, stations or exchanges of telephone companies and the lines or stations of private individuals, firms or corporations desiring such connections and fix and regulate tolls and charges therefor.

South Dakota. Laws of 1907, c. 239, sec. 8. The board of telephone commissioners have jurisdiction to compel the connection of different telephone lines in the state of South Dakota and any company so desiring is to make application to the board of telephone commissioners. If the commission after investigation determine public convenience demands such connection and the lines of the applicant are in proper condition, the commission shall order such connection to be made and shall apportion the expense thereof, provided no toll wire used exclusively for through business shall be compelled to connect except at its terminal points. Where the applicant is a competing company, no company shall be compelled to connect to

furnish service to points where its own lines run and where it can furnish the service itself.

sec. 9. Every telephone company whenever required by the board of telephone commissioners shall connect its lines with the lines of any other telephone company doing business in the same vicinity and shall furnish all reasonable and proper facilities for the exchange and switching of messages between such lines for a reasonable compensation and without discrimination and under such rules and regulations as the board of telephone commissioners may prescribe.

Texas. Laws of 1907, p. 462-3. Requires all telephone companies doing business in the state to make physical connections between their toll lines at common points for the transmission of messages or conversation from one line to another. Such connection to be made through the switchboard of such companies so that the persons so desiring may converse from points on one of such lines to points on anotheṛ.

sec. 4. The city council or commissioner's court of any city shall upon the application of 100 resident citizens, or upon its own motion, hear such evidence as they think necessary, and determine whether or not it would be necessary for public convenience and just to the telephone companies to make such connection, whereupon they shall enter on record their findings and shall set out in such order the conditions upon which such arangements shall be made and shall decide what proportion of the expense of such connection shall be paid by each company.

sec. 5. Any company failing to so connect forfeits

to the state $10 for each day they so neglect, the penalty not to be operative against a company which is prevented from making connections through the fault or omission of another company so long as such fault or omission shall cause such failure on its part to so connect. Right of appeal to the court having jurisdiction is provided.

Vermont. St. 1894, sec. 4255. Requires a telephone company receiving a message directed to any person off from such company's lines, if such person resides on the line of another telephone company, to transmit such message to such other company's line to be by it transmitted to the place of destination, if both companies have offices in the same village or city in this state. No extra charge shall be made for said transfer within the usual limits of delivering messages in said city or village and the company receiving the same shall make no extra charge for an additional date construed by them to be necessary because of the transfer.

sec. 4257. A person or corporation owning or operating a telephone exchange or service in this state is required on application of a telephone company to furnish such company with the use of a telephone or telephones and telephone service and connection with. the respective exchanges and the subscribers using them upon reasonable terms without discriminating between telegraph or telephone companies as to the connection, service or use of instruments furnished and charges made.

SALIENT FEATURES

The requirements for interchange of service by the transmission of each other's messages or by actual physical connection of the respective systems in most states are very general. Montana, South Dakota and Texas have enacted laws which enter more into detail. Jurisdiction

People. In Montana, Oklahoma, Idaho, Kentucky and Washington the people have retained jurisdiction by requiring interchange of service under constitutional provisions.

See Montana, Const. 1888, art. 25, sec. 14: Oklahoma, Const. 1907, art. 9, sec. 5; Idaho, Const. 1888, art. 11, sec. 12; Kentucky, Const. 1891, sec. 199; Washington, Const. 1888, art. 12, sec. 19.

Legislature. In states where there is no constitutional provision requiring interchange of service the legislature has exercised jurisdiction by direct requirement or by delegating the power to require such service to an administrative body, such as telephone commission, railroad commission, corporation commission or municipal authority.

Telephone commission.

sec. 8.

South Dakota, laws of 1907, c. 239

Railroad Commission. Louisiana, laws of 1904, p. 28; South Carolina, laws of 1904, p. 496.

Corporation commission. Oklahoma, Const. 1907, art. 9, sec. 5.

Municipal authority. Texas, laws of 1907, p. 462-3.

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