The evening star and Newark advertiser., 1907-10-02
R. R. BOARDS POWER
ATTORNEY GENERAL GIVES
OPINION ON SUBJECT.
Especial to tho Evening star.l

I TRENTON Oct. 2.-In accordance with
a resolution adopted at a recent meeting
of the Board of State Railroad Commits
sioners, by which that body requested At
torney- General McCarter to direct it as 10
its duties and powers Mr.. Mccarter to-
day sent his opinion as follows:
In my opinion to you of the 10th in
stant, / quite fully reviewed the act Great
ing your board, and referred at length 10
a number of its provisions You are, of
course. thoroughly familiar with these pro
Visions and l will not again quote them,
but in endeaYoring to reply 10 your m
quiry will treat the subject first with re-
gard to your powers of Internal control or
organization, and secondly with regard to
your powers of external control over rail-
road corporations.
In regard to the first of these, you
must organize as board, and have the
right to make all needful rules for your
government. Yol should adopt a seal,
elect a secretary, and, in word prepare
yourselves to adequately and effectively
perform the duties imposed upon you by
the act.
Turning to the subject of your external
control or power, the act gives you a gem
eral supervision over all railroads operat-
ing within the State, without distinction
as to the character or source of their
charter or however they may be operated
This supervision extends to the equipment
bridges. terminals, tunnels tracks. docks
and wharves of such railroads.
supervisory power you are required to keep
informed of the condition and operation of
all such railroads; to Investigate accidents;
to hear and examine complaints touching
railroad service, rates determinations car
service. terminal facilities and applications
tor switch connections with private sid
ing, changes Of stations, crossings aboli-
tlon OF grade crossings and all other mat
tiers of railroad operation.
Iouching these matters you are author
ized 10 make recommendations, both to
the railroads and to the. Legislature, and
are required before the first day of Jan
uary in each year to make a report to the
Governor. which report shall include such
recommendation as your board may deem
proper Upon these matters your powers
seem 10 be limited to recommendation
only. although. as incidental to your right
10 INQUIRE into the cause of ratlroad acci-
gents. each company is required 70 give
immediate notice thereof to your board
and in the event that yoc asem public in
terest requires it, your board Is authorized
10 make an Investigation into the canse Of
such accident.
Your board is also given the right to
hear complaints and examine the safety
or trackage, roadbeds. tunnels, bridges and
equipment of any such railroad, and 10
make orders concerning the same as well
as recurring any railroad to furnish proper
and adequate transportation facilities ana
stations for the proper transportation of
mentioned subjects eyour powers are NOT
confined to mere recon- mendation but In
clude the right to direct the railroads to
ADOPT your views thereon, and, in the event
Of their refusal so to do. to appeal to the
courts to enforce the performance of such
orders. Incidental 10 this line Of duty
you are further given the right and power
to see to it that the statutes of the State
governing the conduct of railroad com
pantes are obeyed and In the event of the
failure Of the railroads to obey these Jaws.
TO take appropriate action to enforce anv
specified penalties for the violation thereof
In order the more effectuaily 10 per-
to compel the attendance of witnesses and
the production Of tariffs. contrncts. papers.
books. accounts and all other Documents
and to. administer oaths to all witnesses
and to apply to the judiciary for assista nea
n enforcing your subpoenas or orders in
this connection =
The foregoing seems to be a fair r.
snme sumo OF the somewhat confusing legisla-
tion creating your board"