752 CORPORATIONS. [ART. 23

for in the petition, or in such modified or other form as the court may
determine will afford the appropriate relief.

If it be alleged and established in an action brought in any court for
the collection of any charge for gas or electricity, that a price has been
demanded in excess of that fixed by the commission, or by law in the
municipality or county wherein the action arose, no recovery shall be
had therein, but the fact that such excessive charges have been made
shall be a complete defense to such action.

1910, ch. 180. sec. 39 (p. 384).

453. This sub-title shall apply to telegraph companies, telephone
companies, telephone lines and telegraph lines within this State, and to
persons and corporations engaged in the transmission of intelligence
within this State by telephone or telegraph.

The commission shall have within its discretion (1) general super-
vision of all persons having authority under any general or special law
or under any charter or franchise to law down or erect or maintain
poles, wires, pipes, conduits or other fixtures in, over or under the
streets, highways and public places for the purpose of furnishing
facilities for the transmission of intelligence by electricity. (2) Shall
investigate and ascertain from time to time, the service supplied by
such persons and corporations; shall examine all the methods employed
by such persons and corporations supplying facilities for the transmis-
sion of intelligence by electricity, and shall have power to order such
improvements as will best promote the public interest and protect those
using telephones and those employed in the business thereof or in the
maintenance and operation of the works, wires, poles, lines and conduits
maintained therein. (3) Shall have power, in its discretion, to pre-
scribe and require items, methods of keeping accounts, records and books
to be furnished by the persons and corporations engaged in the furnish-
ing of facilities for the transmission of intelligence by electricity. (4)
Shall examine all persons and corporations under its supervision as to
the methods employed by them in the transaction of their business, see
that their property is maintained and operated for the reasonably
adequate accommodation of the public and in compliance with the
provisions of law and of their franchise and charters. (5) Shall require
every person or corporation under its supervision to submit to it an
actual report, verified by the oath of the president, treasurer or general
manager, showing in detail (a) the amount of its authorized capital stock
and the amount thereof issued and outstanding; (b) the amount of its
authorized bonded indebtedness and the amount of its bonds and other
forms of evidence of indebtedness issued and outstanding; (c) its
receipts and expenditures during the preceding year; (d) the amount
paid as dividends upon its, stock and as interest upon its bonds; (e) the
name of and the amount paid as salary to each officer, and the amount
paid as wages to its employees; (f) the situation of its plant or plants
and system, with a full description of its property and franchises, stating
in detail how each franchise stated to be owned was acquired, and (g)