New-York tribune., 1907-05-23


tion OF passengers and property Which may ieaS0N
ably be anticipated unless relieved by order OF
the commission If at any time a common car
rier has sufficient cars to meet all require
ments the cars available to 1t shall be distrib-
uted among the several applicants without dis-
crim,nation between shippers, localities or COM
pettive non-competitive points, but preference
may always be given In the supply OF cars LOT
the shipment of livestock or perishaole property
receipt bill OF lading is required to De slVen
and the corporations are prohibited from stipuat
ing therein that they shall be exempt from any
liability for loss or damage to freight or property
from the time OF it's delivery until It has reached
its destination and a reasonable time has elapsed
after notice to consignee Every common carrier
and railroad and street railroad corporation is
cfcally made liable for loss, damage or INJURY ior
deIav in transit due to negligence and the burden
of proof to prove that the delay was not due TO
negligence shall be upon the company.
Railroad corporations are required to furnish
switch and sidetrack connections to shippers when
ever they are reasonably practicable and can be
nut in with safety, and the business therefor Is
sufficient to Justify 1t. Common carriers are re-
nuired TO file with the commission. and to keep
omen 70 the public schedules showing rates fares
and charges and the form in which the schedules
are to made up are to be prescribed by the COM
mission. to conform as closely as possible
70 those required by the interstate commerce act
No change is to be made in the schedule until after
notice for a certain length of time. and no common
carrier after November l. 1907. may engage In the
transportation of passengers freight or property
until it's schedules filed and published OBJ
tanning of greater less or different compensa-
ton or for any service in connection therewtn'
than provided In the schedules Is prohibited as IS
the refunding in any manner OF any portion OF
rates or charges, except such as are regularly anu
uniformly extended to all persons or corporations
under like circumstances. The giving or free trans
portation is also prohibited except as 10 various
specified classes Of persons
CORPORATIONS under the supervision OF the commits
sons may issue stocks bonds or other evidence Oh
Indebtedness running for more than twelve months
when necessary for the acquisition or property
the construction. completion extension or improve
ment OF its facilities or for the improvement or
maintenance OF its service or for the discharge OF
lawful refunding OF its obligations. provided there
shall have been obtained order from the proper
commission authorizing such issue and the amount
thereof and that Is reasonably required but this
provision is to apply to any stock or bonds duE
approved by the present Board of Railroad Coti-
missloners For the purpose Of determining whetheF
IT shall authorize such issue of obligations the
commission may make proper Investigations ana
hear and examine witnesses documents etc. Obl-
cations for less than twelve months may De ISSUED
by corporations without the consent or the COM
mission for proper corporate purposes but no such
notes shall be refunded by obligations for more
than twelve months without the consent OF the
commission The commission is prohibited from
authorizing the capitalization of franchises IN eA
cess of the paid as consideration tor 'he
of the FRANCHISE. Limitations are FiNSN va
the amount of capital stock. OF a merger or con
solidation.
No railroad or street railroad corporation shall
purchase or hold stock In another such corporation
or common carrier unless so authorized ny the
commission. No other stock corporation shall pur-
chase or hold more than 10 per cent OF tho stock
of railroad stree: railroad corporations or com com
mon carriers. but this shall not apply where stock
shall transferred held as collateral security
with the consent of the commission
Without the approve al OF the commission no fal-
rier shall begin construction nor exercise any iran,
chise or rigHt under any provision 1l tne Eaf1nI
exercised. No franchise or right thereunder 10 OWN
operate railroad or street railroad shall be as
signed. transferred leased any contract or
agreement made with reference thereto without
and approval Of the commission however will not
he construed To revive or validate any lapsed or
invalid franchise or 70 enaree OF add 10 the powers
and privileges contained In the grant or any fran
chise to waive any forfeiture.
Similar provisions 10 stocks and franchises
imposed and electric companies.
corporation which violates the acts or falls, omIs
or negectg to oeey or o comply win any order shall
and each violation shall be a separate offence and.
tInuance shall he deemed a separate offence. Every
officer and agent of such common carrier or cor
poraton who violates aids in violating the act
shall be guilty Of misdemeanor.
Any corporation other than common carrier
railroad or street railroad corporation for such
violations shall be subjected 10 forfeiture OF 1900
to fcrfeitures and penalties any director
officer or other person acting for and within the
deemed to be the act Of the corporation for
the recovery OF penalties shall be brought by the
counsel 70 the commission, but II the defendant in
the time for which II s sought TO recover the pen NJ
altlcs II actually and good faith prosecuting
a suit 70 set aside the order of the commission the
court shall remit the penalties forfeituTes III
Cured during the pendency OF the action.
The commissions are To have general supervision
over the common carriers. street and railroad
porations, with power 10 examine their general
condition capitalization, franchises and the
ner In which they conducted. only with
spect 10 the adequacy security and accommodation.
but also with respect To their compliance with all
ploVlslodS ot law, orders OF the COmtnIssi1 m ard
charter requirements. Witnesses may be subppnaed
and hearings given The form OF annual reports
to he prescribed By the commission, and I'll tcC-
dents are 10 be reported Immediately and to be In
Vestigs ted.
Each commission may its motion invest-
gate any act of such corporation. may entertain
complaints and give hearings thereon. II Il deter
mines that the order of the commission
has been violated that the regulations practices
equipment appliances service unjust unrea-
sOnable. unsafe. improper inadequate th@ COM
mission shall order the proper reform of the same
The commission may order repairs changes in
service and may order changes in time schedules
and the running OF additional and trains and
may require the keeping of uniform system OF
accounts
II the commission is OF the opinion that the COM
is remiss as to order OF the commission OF
the act is about be. II shall direct its counsel
to begin summary proceedings for relief by man
damus or injunction
Similar duties imposed upon gas and electric
companies and similar powers given to the commits
sionS with respect thereto.
The act ahollShcs the present State Board Of Rail
road Commissioners. the State Commission of Gas
and Electricity. the inspector OF gas meters and
the Rapid Transit Commission of New York City
BY the abohshment of the latter board the
tremely important and duties under the
present rapid transit act are imposed on the COM
mission for the 1st District.