The Washington times., 1911-06-02
Has Made Rigid Investiga-
tions of Operations In
Other Cities.
OPINION is WORTHY
OF CONSIDERATION
Favors Drastic Prohibition of
Free Passes;;" Would In
crease Authority.

facilities, or for the Improvement or
maintenance of its service or for the
discharge or lawful refuuding OF its
obligations, the question OF fact, In
each instance being left to be deter
mined by the commission, as to wheth-
er, upon the evidence submitted, the
proposed issue Is actually needed for
any Of the purposes enumerated.
Tne commission is an administra-
1--WE body charged with the duty Of find
Ing facts and passing orders based upon
lacts, and IT is not, in my judgment,
consistent with the theory of a public
service commission to authorize It in
its Judgment and discretion without any
specification Of conditions, to allow ali
Increase of securities on such terms as
u may deem proper. That Is more IN
an administrative function, and 1t may
be doubted whether II is comfortable
upon a commission.
Too Much proper Conduct"
The same considerations apply to the
expressions IN section 70 of the bill, page
40 at line 5, the objection being to the
rndefned nature of the expression
necessary to the proper conduct Of the
business ETC., which leaves it to the
commission to say what is the proper
conduct of the business, etc.
Il suggest an addition to the bill. by
way of a new section, to follow section
79, on page II. Such a new section
should, think, specifically make pro-
vision for the terms upon which public
service corporations may consolidate or
transfer their franchises or stocks as be-
tween themselves. Provisions of this
character. following the New York
statute. are TO be found in the Mary
land Public Service Commission law.
Another suggestion which / venture
to make is this: While the language
Of sections "a. s., s6. etc.. is broad
enough under some of the decisions to
prohibit the giving of free passes, l
think there should be a distinct pro-
hibition subject to enumerated eXcep-
tions of the giving of any free passes.
Il have had occasion officially to con-
slider this subject, and l think the ex-
press provisions in the New York and
Maryland laws, prohibiting in so many
words the issuing of free passes, would
be a substantial and desirable addition
to the bill of Senator La Toilette. on
this subject I gave an official opinion,
which may be of interest, as dealing
with the decisions of the courts upon
the point, to the States attorney OF
Baltimore city, Albert S. ]. Owens. The
free pass evil is a serious one, being
double discrimination which operates in
favor Of those who are best able to pay
and against the great mass of the peo-
pie who are least able to pay for trans
portation or other public service.
"In the latter sections of the bill,
prescribing penalties for the viola
ton of its provisions. the penalty ap-
pears in nearly every instance to be
denounced against the corporation
and not against its offending officers
or agents. I think this is weakness
in the measure Guilt is always per-
sonal, and I think the Maryland and
New York and other statutes pursue
the right course in applying the pen
atty to the officers of the corporation
as we'll as to the corporation itself.
Such provisions, l suggest, may with
advantage be introduced into the bill
under consideration.
As to Accidents.
"In respect to section 96, requiring
the commission to cause an investiga-
ton to be made into accidents at
tended with loss of life or personal
injury, I suggest that at the end of
the section, after the word forthwith
page 51. line 10. there be added the
words and the commission shall en-
ter upon its records the nature and
results of all such Investigations
Ct suggest two additions, of a gen.
eral character and taken from the
Maryland act, which it may be useful ,
to add to Senator La Follete's meas
ure as follows:
"'Section 1o2-A. That the public utili-
ties commission hereby created shall
have, in addition to the powers herein
specified, all additional implied and in
cidental powers which may be proper
or necessary to effectually carry out,
perform, and execute all of said powers
herein specified.
Section 102-B. That each section OF
this act and every part of each section
are hereby declared to be Independent
sections, and the holding of any sec
ton or sections, or part or parts there
of, to be void. ineffective, or unconsti-
tutional for any cause shall not be
deemed to affect any other section or
part thereof
During the years 1909 and 1910 pub
lie service commission laws were intro
duced in the Legislatures of Illinois,
Maine. Missouri, Ohio, South Carolina,
Connecticut, and Utah, but failed of
passage in every instance.
'The public service commission states
are New York, Wisconsin, Maryland.
Massachusetts,, Michigan. New Jersey,
and Vermont. In a number Of other
States there are laws vesting in vari-
Gus officials or commissions partial con-
troll of public utilities"