964 ARTICLE 23

to be used by railroad and street railroad corporations, or other common
carriers which are subject to its supervision, or may classify the said cor-
porations and other carriers and prescribe a system of accounts for each
class, and may prescribe the manner in which such accounts shall be kept.
It may also, in its discretion, prescribe the form of accounts, records and
memoranda to be kept by common carriers, including the accounts, records
and memoranda of the movement of traffic, as well as the receipts and expen-
ditures of moneys. The system of accounts established by the commission
and the form of accounts, records and memoranda prescribed by it as
provided shall conform, as nearly as possible, to those from time to time
established and prescribed by the interstate commerce commission under
the provisions of the act of congress entitled "An Act to Regulate Com-
merce," approved February fourth, one thousand eight hundred and
eighty-seven, as amended by the act approved June twenty-ninth, one
thousand nine hundred and six, and amendments thereto. The commission
shall at all times have access to all accounts, records and memoranda kept
by common carriers and other corporations subject to the provisions of
this sub-title, and may prescribe the accounts in which particular outlays
and receipts shall be entered, and may designate any of its officers or
employees, who shall thereupon have authority under the order of the
commission to inspect and examine any and all accounts, records and memo-
randa kept by such corporations. When the commission has prescribed the
forms of accounts, records and memoranda to be kept by such corpora-
tions, it shall be unlawful for them to keep any other accounts, records or
memoranda than those so prescribed, or those prescribed under the author-
ity of the United States. Any employee or agent of the commission who
divulges any fact or information which may come to his knowledge during
the course of any such inspection or examination, except in so far as he
may be directed by the commission, or by a court or judge thereof, or
authorized by law, shall be guilty of a misdemeanor.
See notes to sec. 346.

An. Code, 1924, sec. 379. 1912, sec. 438. 1910, ch. 180, sec. 26 (p. 368). 1929, ch. 448.

388. No common carrier, railroad corporation, or street railroad cor-
poration, shall begin the construction of a railroad or street railroad, or
any extension thereof, or exercise any franchise or right under any pro-
vision of the railroad law, or of any other law not heretofore lawfully exer-
cised, without first having obtained the permission and approval of the
commission. The commission shall have power to grant the permission
and approval herein specified whenever it. shall, after due hearing, deter-
mine that such construction or such exercise of the franchise or privilege
is necessary or convenient for the public service.

No franchise, nor any right to or under any franchise to own or operate
a railroad or street railroad, shall be assigned, transferred or leased, nor
shall any contract or agreement with reference to or affecting any such
franchise or right be valid or of any force or effect whatsoever, unless the
assignment, transfer, lease, contract or agreement shall have been approved
by the commission. The permission and approval of the commission to the
exercise of a franchise under this section, or to the assignment, transfer
or lease of a franchise under this section, shall not be construed to revive
or validate any lapsed or invalid franchise, or to enlarge or add to the
powers and privileges contained in the grant of any franchise or to waive
any forfeiture.