New-York tribune., 1907-06-29
DETAILS OF NEW LAW.
SCr1icc Commissioners
Duties Defined.
Public

Under the terms OF the public utilities commits
sions law the state is divided into two districts
the first comprising the counties embraced in New
York city and the second taking in all the other
counties, with n board of five commissioners for
each district. Commissioners serve for five years
excepting in the of those first appointed
whose terms are SO arranged that one member Of
each board shall retire each year. The salary of
commissioner IS Sl5.DN0 year.
Each board is entitled to counsel at $4,000
year and to "a secretary $500 a year and has
annual appropriation of $4,000 for it's expenses
and TO provide for the salaries OF clerks inspectors
experts and other assistants.
Commissioners must he residents oc thoir dis
trrrs and must not he IN any way associated with
may have Jurisdiction. even 60 IN" extent al own
Ing their securities Commissioners are removable
by the Governor for ncfiCiency. neglect Of duty or
misconduct iu office. written charges and after
a public hearing AZ least ten days notice
The salaries OF tho commissioners Of the hrst
district their counsel and secretary. are paid by
the state all the other expenses OF that board
are borne by the city.
Each board must make an annual report with
recommendations of desired legislation. together
with abstracts Of the reports II has received from
the corporations under its supervision.
Common carriers ARE required 10 furnish safe
adequate and reasonable service, and at such
charges as are allowed by law may he filed
by tie commissioners. Rebates and all other forms
or discrimination in charges prohibited Charges
49,
and distance. save in such special cases as the
commissioners may permit.
Common carriers transporting freight must fur
nish SUFFICIENT and suitable cars 10 shippers. and
when there Is shortage of cars thore must he an
equitable assignment 81 those available the only
preference allowed being in the cases or livestock
and pershahie articles. All common carriers must
have sufficient cars and motive power 70 meet all
reasonable demands, unless relieved by order OF
the commissioners.
Conlmon carrying corporations arc prohibited
from stipulatlng on bills Of Iading that they shall
linhfi v.iltl n
portatiou or until Il reasonable time has elapsed
after their arrival at their destination. and they
are specifically made liable for all loss. damage
or injury from delay IN transit due 10 negligence
The burden of proof that the delay was not due 10
negligence shall he the corporations. They
also required 10 furnish all reasonable switch and
sidetruck accommodations required by shippers.
Common carriers required To file with the
board and to keep open :" the public their rate
schedules. which must conform 10 a model pre-
scribed by the hoard. which must, in turn. con
form closely possible t. that required by the
interstate commerce act
NI issues of stocks, bonds and other evidences Of
Indebtedness running for more than one year are
CARDS any issues already authorized by inc present
board Of Railroad Commissioners. And to de-
termine the question Of approval tho commits
sion"rs ar" empowered to make Investigations ana
examine witnesses and documents
Obligations for less than twelve months may be
issued by the public service corporations without
the consent of the hoard. but these may not be
funded by obligations running for more than
twelve months. save above provided. The
missioncrs are prohibited from authorizing the cap
itaIization OF franchises I'm excess of the amounts
paid consideration for the OF the franchise.
Limitations also placed on the amount of cap
ltal stock of n merger or consolidation.
Purchase OF the stock of one common carrying
corporation by another is subject to the approval
of the board. and corporation may hold more
than 70 per cent Of the stock of railroad
street railroad corporation. excepting where stock
is held or transferred collateral security with
the boards approval
Every violation of tho provisions Of the law Is
punishable with fine of 5000 and i'm the or
continuing violations each days continuance shall
be deemed n separate offence. Every officer and
agent who aids In violating the law shall be guilty
of a misdemeanor. In the case of corporations
other than common carriers the fine shall be $1,000.
The act of any director other person acting
within the scope of his official duties shall be
garded the act OF the corporation.
Actions for the recovery of penalties shall he
brought by the counsel to tho commission, but If
the defendant in such an action shall prove that
during any portion of the time for which 1t is
sought recover the penalties II actually
and In good faith prosecuting n suit aside
the order Of the commission the court shall remit
the penalties fOrfetuTes incurred during the
pendency of the action.
The board may, it's own motion, investigate
any act of n corporation under it's supervision,
and may entertain complaints and give hearings
them and may order necessary reforms. It
may also order repairs changes In a service
and may order changes In time schedules and the
quire the keeping of a uniform system of ac-
counts.
In case of rcmissness in obeyng its orders the
board shall direct its counsel to begin summary
proceedings by mandamus injunction.
Similar duties imposed gas and electric
corporations. and similar powers given to the
commissioners.