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NOTE OF CORRECTION.

The annotations from decisions in twelfth Interstate Commerce Reports were made from the advance sheets of that volume. When the bound volume appeared the paging had been changed, with the result that the references to pages of that volume given in the annotations are generally incorrect. In order to ascertain the correct page, reference should be made to the Table of Cases Decided, which appears at the beginning of that volume.— ED. [lxxix]

The Public Service Commissions Law

OF THE

STATE OF NEW YORK.

(Annotated with the Decisions of American and English Tribunals.)

Being Chapter 429 of the Laws of 1907.

AN ACT to establish the public service commissions and prescribing their powers and duties, and to provide for the regulation and control of certain public service corporations and making an appropriation therefor.

Became a law, June 6, 1907, with the approval of the Governor. Passed, three-fifths being present.

Passed without the acceptance of the city of New York.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

THE PUBLIC SERVICE COMMISSIONS LAW. ARTICLE I. Public service commissions; general provisions (§§ 1-23).

II. Provisions relating to railroads, street railroads and common carriers (§§ 25-40).

III. Provisions relating to the powers of the commissions in respect to railroads, street railroads and common carriers (§§ 45-60). IV. Provisions relating to gas and electric corporations; regulation of price of gas and electricity (§§ 65-77).

V. Commissions and offices abolished; saving clause; repeal

(§§ 80-89).

In several instances it has been found that the titles of the Articles and the headnotes of sections as given in the beginning of the Act or of the Articles thereof do not precisely correspond with such titles and headnotes as repeated later in the act. The variances are usually slight but such as they are they are shown in each instance. It is noted therefore that in this title for Article III, as repeated after § 40, post, the words "common carriers" precede the word "railroads" instead of following the words "street railroads and.”

ARTICLE I.

Public Service Commissions; General Provisions.

SECTION 1. Short title.

2. Definitions.

3. Public service districts.

4. Commissions established; appointment; removal; terms of office. 5. Jurisdiction of commissions..

6. Counsel to the commissions.

7. Secretary to the commissions.

8. Additional officers and employees.

9. Oath of office; eligibility of commissioners and officers.

10. Offices of commissions; meetings; official seal; stationery."
11. Quorum; powers of a commissioner.

12. Counsel to the commissions; duties.

13. Salaries and expenses.

14. Payment of salaries and expenses.

15. Certain acts prohibited.

16. Annual report of commissions.

17. Certified copies of papers filed to be evidence.

18. Fees to be charged and collected by the commissions.

19. Attendance of witnesses and their fees.

20. Practice before the commissions; immunity of witnesses.

21. Court proceedings; preference.

22. Rehearing before commission.

23. Service and effect of orders.

Section 1. Short title.-This chapter shall be known as the public service commissions law, and shall apply to the public services herein described, and to the commissions hereby created.

[The notes to this section contain many matters of a general nature which have been placed here arbitrarily, it being deemed more advisable that they appear together than that they be scattered throughout the work. The

scope of the notes is therefore much broader than the scope of the section, and in order that the user may be apprised of the matter contained in the notes, an outline of the headings precedes the notes to this section.-ED.]

Conflict of state and federal statutes,- see post, § 25, note [19].

*Headnote of section as enacted (post, § 10), has added the abbreviation, "etc."

[1] General power to regulate property devoted to public use. [2] Scope of regulative power.

[3] Railroads considered as highways.

[4] Status of railroads.

[5] Compensation of carrier a payment in the nature of a tax.

[6] What constitutes a regulation.

[7] Charter as a contract.

[8] Franchises as property.

[9] Rights of corporations incident to rights granted. [10] Reservation of power to alter or amend charters.

-Need not be expressed in charter.

[11] Power to amend is continuous.

[12] - Effect of reservation.

[13], [14] Power to regulate not dependent on reservation of

power to alter or amend charters.

[15] Regulative acts not violative of charter or contract rights. [16] Exemption from public control.

- Power of legislature.

[17] Necessity for consideration for such grant.

[18] - When exemption exists.

[19] - Such grants not favored.

[20] - Transferability.

[21] — Effect of reorganization or consolidation.

[22] Source and extent of state legislative power.

[23] Presumption of validity of statutes.

[24] Burden of proving invalidity of statutes.

[25] Construction of statutes susceptible of two interpretations. [26] When courts will pass on question of constitutionality. [27] Expediency and wisdom of enactments not matters for judicial determination.

[28] Interpretation governed by legislative intent.

[29] Weight given to legislature's interpretation of its Own powers.

[30] Legislative grants construed favorably to the public right. [31] Matters which may be considered in construing statutes. [31a] Construction of statutes declaratory of common law.

[32] Purpose of acts regulating railroads.

[33] Effect of previous holdings and constructions.

[34] Reasonable and practical construction.

[35] Statutes construed as penal.

[36] Strict or liberal construction of statutes containing penal provisions.

[37] Doubts to be resolved in favor of party of whom penalty is claimed.

[38] Effect of subsequent statutes covering same subject matter. [39] Construction of specific provisions.

[40] Divisibility of statutes.

[41] Classification by a state for purpose of regulation.

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