266 CORPORATIONS. [ART. 23

which he may have under existing law: Any common carrier issuing
such receipt shall be entitled to recover from the person, firm or cor-
poration who may be responsible for such loss, damage or injury, such
amount as it may be required to pay to the owners of such containers,
as may be evidenced by any receipt or judgment therefor: No com-
mon carrier shall charge a greater rate where such receipts are issued
than they would otherwise be entitled to charge for the services per-
formed.

See section 336, et seq,

1014, ch. 445, sec. 26 1/2.

438A. The provisions of the next preceding section forbidding the
construction by any common carrier, railroad corporation, or street
3'ailroad corporation, of a railroad or street railroad or any extension
thereof, or the exercise by any such common carrier, railroad corpora-
tion, or street railroad corporation of any franchise or right under any
provision of the railroad law or of any other law not lawfully exercised
before the passage of this act, without the permission and approval
of the Commission first obtained, and empowering the Commission to
grant such permission and approval whenever it shall after due hear-
ing determine that such construction or such exercise of the franchise
or privilege is necessary or convenient for the public service, shall like-
wise apply to the abandonment or discontinuance in whole or in part
by any common carrier, railroad corporation, or street railroad cor-
poration of the exercise of any such franchise or right, in so far as it
is then actually being exercised for the public service; but every com-
mon carrier, railroad corporation, or street railroad corporation shall
have the right to discontinue the operation of any portion or all of
any of its existing lines whenever any franchise under which any line
or any portion of same is operated, shall have been repealed by -Act
of the Legislature or any municipal corporation or other governing,
body; provided said common carrier, railroad corporation, or street
railroad corporation can show that they are not earning, at the time
of such repeal, their operating expenses and other fixed charges upon
the whole of such line, or upon such part thereof where any existing
franchise shall have been repealed.

439.

The control of the Public Service Commission over a railroad is limited
to the latter's operations within this state. The commission may require
statements of the facts relating to issues of stocks, bonds, etc., so that it
may be determined whether such issue is bona fide and for value; where
the enterprise is one to be conducted wholly within the state, the commis-
sion may sanction or disapprove the proposition. While an interstate car-
rier may be made subject to the control of each state as to matters affect-
ing the operations of the company in such state, beyond that, state legisla-
tion is powerless. The commission has no supervisory powers over the
expenditures of money in other states, nor the apportionment of the ex-
penditures of a railroad's monies as between different states, nor can it
pass upon the wisdom of construction work to be performed in other