Evening journal., 1911-03-03

recover for the right or affect or bar
any Indictment against any public
utility, or person or persons, operat- !
ing such public utility, their officers,
directors. agents or employees.
Section a. Each section of this
Act, and every part Of each section,
are hereby declared to be Independent
sections and parts Of sections, and the
holding of any sections or parts there
Of to be void. ineffective and uncon-
stitutional for any cause shall not be
deemed to affect any other section or
part thereof
Section i5 All acts and acts in
consistent herewith are hereby re-
pealed.
Section 1e. This act shall take Of
feet Immediately"
! SENATOR MONAGHAN'S BILL.
Senator Monaghans bill differs from
Mr.. Moore's essentially in that it APP
plies TO Wilmington only. The general
powers proposed to be given to the
Commissions in the Moore aud Monag-
han bills are nearly the same
Senator Monaghan's bill provides
that the Mayor Of Wilmington shall ap-
point five persons, one from each Rep
rcsentative district and not more than
three of whom shall be Of the same
political party. to be known as the
Board Of Public Utility Commissioners
for the city Of Wilmington. It prohibits
any lawyer or any person employed by
or financially interested In any trans
portation, lighting, telegraph OF tele-
phone company operating in the city
Of Wilmington from being member
of the Commission. Il provides that tho
commissioners terms shall start in
May Of this year. one to be appointed
. for one year, one for two years. one
for three years. one for four and one
for five years. aud their successors
? shall be appointed for five years each
, The Mayor shall hll all vacancies. and
b all appointments shall be subject to
, confirmation by Council Members
shall receive fyc dollars per day for
each day Of actual service, 70 be paid
: by the city The Board shall organize
, by eecting a president and the
, Mayors. secretary shall be secretary
o of the Board The Board shall meet in
J the City Hall, and shall be provided
with stationery and supplies by Coun-
3 Gil Section four provides:
o THE said Board shall have super
e vision over all public utilities operated
] within tho limits Of the said city Of
Wilmington; and the term public utli-
!. ties is defined to include all railroads,
! railways, express. traction, gas, cleo
r trio light heat and power, water. tele-
r phone, telegraph, and other corpora
. tions, associations or joint stock COM
z panies operating within the limits Of
: the city for public use Powers of the
+, Board set forth are:
a To require all public utilities to
comply with the laws of the State or OF
;, tho city of Wilmington. or with the
b terms Of their franchises.
- To require every public utility TO
4 furnish safe and adequate service.
y To keep its books, records and docu-
70 ments so as TO afford an intelligent un-
: derstanding of its business.
y To direct any such public utility
found to be granting unjust, unfair,
y unreasonable determinations, TO inn
S medlately cease from so doing.
T To investigate any accident happen
L ing in the city IN connection with any
+ such public utility.
n To hear and examine complaints
!. concerning rates charged and to make
J. such recommendations and orders as
b It may deem proper concerning sucn
u rates.
l. To make such recommendations as
- ~ may see III 70 touttlnllb huCu pun
e. lie utilities and to see that the law.
81 OF the State and city are complied
le with. and II shall cause action to b.
II brouht against any such public utilit,
violating any such law or ordinance
u through the Attorney-General.
Ie The Board shall have power to com.
d pei the attendance of witnesses. the
production OF books, papers, accounts
l. and documents, TO swear witnesses
G and TO issue subpoenas. The fees OF
|, witness shall be one dollar for each
y day Of attendance, and three cents for
d each mile travelled to be paid by the
e city
e II person subpoenaed fails TO at
r tend without reasonable cause for moi
appearing or II a person in attendance
IS refuses without reasonable cause to be
a examined or TO answer a legal OF
n pertinent question, or to produce a
]. book or paper when ordered TO do so
v. the Board may apply TO Superior Cour
= or 10 any Judge thereof who shall have
In the power of the court for that pur
M pose. for an order directing such per
I'M son 10 show cause why he should no
~ testify. No franchise or privilege grant
,, ed TO a public utility by any municipal
!, government or department shall b
n valid until approved by said board.
- Power of appeal to the Board Is give
y TO any public utility from the decision
y, or order of any municipal department
~ or body. and the Board shall hear am
ln determine the apeal
~ The city solicitor shall be the ad
Us visor Of the board.