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/- V March 17, 1932 M E M O R A N D U M Regarding Right of Foreign Corporation to do Business as a Public Utility in the State of California. Section 26 of the Public Utilities Aot provides that no foreign corporation, other than those which % com** pliance with the laws of this state are entitled to transact a public utility business within the state, shall henceforth transact within this state any public utility business. This provision has been passed on by the RAilroad Commission of the state in the application of Harbor Tug etc., Application 11710, Decision 15612, reported in 27 C.R C. 372, and in application of Modoc Logging Railroad, Application 17639, Decision 2hl75, decided Hovember 2, 1931* found in advance sheets of the Commlfslon. In both of these decisions the Railroad Commission held that under Section 26 of the act a foreign corporation could not transact a public utility business in this state unless it had been conducting such a business Upbn the effective date of the section of the act. In discussing this matter with Mr. George, Attorney for the Railroad Commission, he states that they have construed the section to mean that unless a foreign corporation was actually engaged in a public utility business at the time of the incorporation of that section in the Public -1-