New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-06
PUBLIC SERVICE BILL.


Continued from first page.
| trlcity within the district. and, in addition the
commission IS vested with an powers heretofore
conferred upon the Board OF Rapid Transit.
All Jurisdiction not given 10 the commission
Of the first district is vested in the commission
Of the second district, including the regulation
and control of all transportation on railroads
other than street railroads. from one district to
another
The commission is given power to subpoena
witnesses and administer Oaths. No person is
excused from :eStifying before the commission,
but having testified, is immune from prOsecU-
ton for any penalty or forfeiture concerning
any act as TO which ne testifies, but this inn
munity does not extend to any corporation.
DUTIES OF COMPANIES.
The bill prescribes the duties of transporta-
ton companies including railroads, street rail-
roads express companies, car companies, sleep
ing car companies. freight compaDies. freight
line companies and pipe line companies and of
gas and electric companies. and gives TO the
commissions power TO regulate the operations
of such companies 1t provides for adequate
side track and switch connections equitable dis
tTibutiOn of cars and requires the filing with the
commissions and publication OF all tariff sched-
uleS. Joint tariff rates and verified copies of all
contracts or agreements between common car
riers 1t prohibits all unjust Discrimination by
whatever device. all unreasonable preferences.
all false billing by carrier or by shipper, and all
discrimination or preferential treatment in any
respect whatever Free passes are prohibited
save I'm certain excepted cases The bill also
contains prohibition against greater charge
for a short haul than for long haul. but per-
mits the proper commission for good cause
shown to authorize such a charge in special
cases and TO a specified extent.
The bill further provides that the franchise
OF public service corporation shall not be as
signed transferred or leased without the APP
prevail of the commission having Jurisdiction
1t forbids railroad or street railroad corpora
tion. domestic foreign, to purchase or acquire
take hold any OF the capital stock Of any
other similar corporation, unless authorized by
the commission, and similar provision is made
fo md ia corr ions fbor
forbids the transfer to any stock corporation
except collateral security only, of more than
10 per cent of the total capital stock Of any rail-
road. street railroad, gas or electric corporation
but this does not prevent the holding Of stock
heretofore lawfully acquired. Tho commission
is also given authority TO approve disapprOVe
the issue OF stocks and bonds Of a public SER
vice corporation, but is forbidden to authorize
the capitalization of franchises except to the
extent that the corporation has actually paid
for such franchise 10 the state municipality,
not including annual tax or charge. IL Is also
forbidden 10 authorize the capitalization upon
tho merger or TWO pubic service corporations
beyond the amount of the capital stock of the
two so mergec or to capitalize any contract for
consolidation or lease.
Each commission within it's jurisdiction IS
given power TO fix the form of accounts and
ports of public service companies. to investigate
accidents, 10 fix just and reasonable rates. to
der ADEQUATE service as TO cars motive power.
time schedule safety devices. employees and
other instrumenta!lttes. Its orders to be
in force until modified or abrogated by the COM
mission or unless declared by a court OF com
petent jurisdiction To be unauthorized by this
or any ether act TO be I'm violation Of a pro-
vision OF the constitution OF the state or of the
United States
Any person injured by the failure of a public
service corporation 10 comply with an order Of
the commission may bring an action for dam
ages. and. If successful, is to be allowed a rea-
sonable attorneys fee, to be fixed by the court.
The commission may. by injunction or man
damus. apply 10 any court of competent turis-
diction for the enforcement Of it's orders.
PENALTIES CAN BE IMPOSED.
Penalties ranging from $1,000 TO $4,000 are i'm
posed upon public service corporations violating
the act or falling 10 obey any order of the COM
mission and their officers agents and employees
violating the act or any order of the commission.
or aiding or abetting the corporation in doing
sos are guilty OF "a misdemeanor. shippers vio-
latlnS any provisions OF the act also liable
to a penalty
The act is to take effect thirty days after It
becomes "A law.
The main features OF the Gas and Electricity
Commission law are reproduced In this act. The
articles dealing with railroads, street railroads
ana common carriers are new, and. In order TO
secure uniformity, have been made 70 conform
10 the Interstate Commerce act. where there
would be n similar duty imposed by each act
The articles dealing with tho powers Of the
commission has been drafted after a careful
consideration OF the laws in force I'm other juT-
isdictious, and L. believed To give TO this COM
mission powers adequate to prevent the repeti-
ton of many of the abuses of corporate man
asement OF public service companies and to
remedy most Of the evils of which public com
plant has been made
We believe that this act Is In the interest not
only or the public TO be served by these cor
porations, but also OF those who invest I'm their
securities. II recognizes that these cor
poratons created by the state for public ser
vice are under an obligation TO perform that
service fully, adequately and fairly. Without
unnecessarily interfering with the internal man
agement Of such corporations. this act has for
us purpose the enforcement Of this obligation.
IL viii not be the duty of the commission to
operate any public service corporation subject
10 its jurisdiction. hut to that these cor
fp y-ifb
law. II is to be hoped that the interests af-
fected by this legislation will accept il with an
open mind ana Will cooperate with the I.egis-
lature and with the commission i'm making n
effective in order that there may he no neces-
sity for legislative investigation looking to adj
dltiOnal legislation.