Evening journal., 1913-01-31
DRAFT new
UTILITIES LAW
Revised Act Gives Commission
Greater Power Than
Original Bib
WILL URGE PASSAGE
BY PRESENT LEGISLATURE

The Board of Public Utilities Com
missioners met yesterday afternoon
and approved a bill drawn for the
consideration of the Legislature
which provides for the creation OF
public utilities board TO take the
place of the act passed two years
ago. The new bill embraces many
features not incorporated in the orig
inal measure. Last night a copy Of
the new bill was received by the City
Council for approval On motion of
Councilman w. S. Stover the bill was
referred to the members of the law
committee to consider on Monday
night
The new bill follows:
An Act to Create a Board of Public
Utility Commissioners for the City
of Wilmington and Prescribe It's
Duties.
BE it enacted by the Senate and
House of Representatives of the
State of Delaware in General Assem-
bly, met with the concurrence of two
thirds of all the members elected to
each house):
Section 1. There shall be a Board
of Public Utility Commissioners for
the powers and duties hereinafter
specified, which shall consist of five
persons, citizens of the state of Della
ware and residents of the city of VIII
mington. and no more than three OF
whom shall be of the same political
faith, and no two of such persons shall
be a resident of the same representa-
tive district of the city of Wilmington.
The members OF the Board Of Public
Utility Commissioners for the city of
Wilmington as now constituted shall
be the members of the Board of Pub
lie Utility Commissioners for the city
of Wilmington under this act until
the expiration of their respective
terms Of Office, and at the expirat on
of their respective terms a successor
shall be appointed by the mayor OF
the city of Wilmington, subject TO
confirmation by the Council of the
said city, for the full term Of five
years. All vacancies occurring by
death, resignation or removal shall be
filled for the uneNpired term by ap-
pointment by the mayor subject It.
confirmation by the Council. No mem
Der OF said board shall have any Off
cial or professional relation or con-
nection with, or hold stock or securi-
ties in any public utility as herein
defined, operating withing the city
of Wilmington. nor shall hold any
Office Of profit or trust under the city
government of the city of Wilmington
Subject TO the confirmation by a
two-third vote of City Council, the
mayor may remove any commissioner
for neglect of duty or misconduct in
Office, giving TO him a copy of the
charges against him and an oppor-
tuuity Of being publicly heard in per-
son by counsel in his own defense
upon not less than ten days notice.
Section . The members Of the said
board shall each receive the sum of
five dollars per day for each days
attendance at meetings OF said board.
which sums, as well as all other
necessary expenses of the said board
in the performance of the duties un-
der this act will be paid out OF the
moneys in the treasury Of the city of
Wilmington upon orders Of the board
drawn upon the city treasurer and
signed by the president of the board,
or the president pro tempore, and the
Council of said city is hereby author
ized and directed TO provide for the
payment of such sums.
Section 3 The board shall organize
annually by the election Of a presi-
dent The secretary Of the mayor Of
the city of Wilmington shall act as
secretary of the board, and the board
may employ such persons rs It may
deem necessary and shall fix' their
duties, compensation and terms Of
service. The board may engage the
services Of experts 20 assist them in
arriving at the proper determination
of any question that may be brought
before them, and may employ counsel
iu any matter whatsoever If in the
Judgment of the board, the circum-
stances warrant such employment
board may fix the compensation Of
such experts and counsel by agree
ment or otherwise.
The board shall have an Office in
the City Hall in the city of Whining
ton. and shall meet at such times and
al such places as IL may by rule pro-
vide, or otherwise, and shall be pro-
yided with all stationery, furniture,
maps office appliances, materials, in
struments and supplies as th> said
board may deem necessary by the
NOuuAlA vi int Hdlu city
The board shall have power to
make all needful rules and regula-
lions for its government and pro-
ceedings and shall have and adopt a
seal.
The board shall make a report an
nually to the mayor Of the city of
Wilmington. which report shall cover
the period from the first day of
August to the thirty-frst day Of July.
Section 4. The said board shall
have general supervision and regula-
ton Of, jurisdiction and control over,
all public utilities, and also over
their property, property rights, equip
ment. facilities and franchises so far
as may be necessary for the purpose
of carrying out the provisions of this
act. The term public utilities is
hereby defined TO include every in
dividual, co-partnership, association,
corporation or joint stock company
their lessees, trustees or receivers
appointed by any court whatsoever,
that now or hereafter may own, oper-
ate. manage or control within the
city of Wilmington, any street rail-
way. traction railway, express. pipe
line, gas, electric light, heat. power
water, oil, telephone. telegraph sys-
TEN. plant or equipment for public
use under privileges granted or here
after to be granted by the state OF
Delaware or by the city of Whining.
ton or any department thereof; and
the power and authority of the board
shall apply with like force and effect
..~o,, .nt prbIfc utility oe I,o~~t., 4.