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2. The offices of each commission shall be open for business between the hours of eight o'clock in the morning and eleven o'clock at night every day in the year, and one or more responsible persons, to be designated by the commission or by the secretary under the direction of the commission, shall be on duty at all times in immediate charge thereof.

Parallel provisions as to Interstate Commerce Commission,- see Inters. Com. Act, §§ 18, 19, post, Appendix B.

When a certified copy of a record or other paper must, in order to be evidence, be attested by a seal,—see N. Y. Code of Civil Procedure, §§ 957, 958.

Parallel provisions as to former Commission of Gas and Electricity,see N. Y. Gas & El. Com. Act, § 55.

The trustees of public buildings are the governor, lieutenant governor and speaker of the Assembly,—see N. Y. Public Buildings Law (L. 1893, ch. 227), § 2.

For description of official seal of state officers, see N. Y. Public Officers Law (L. 1892, ch. 681), § 40.

Parallel provisions as to former Board of Railroad Commissioners,see N. Y. R. R. L., § 155.

Provisions as to seal and records of former Board of Rapid Transit Railroad Commissioners,- see N. Y. Rap. Tr. Act, § 3, post, Appendix A.

Provisions as to offices of former Board of Rapid Transit Railroad Commissioners,- see N. Y. Rap. Tr. Act, § 9, post, Appendix A. Payment of the expenses of the Commissions,see post, §§ 13, 14. Leases of premises occupied by former Board of Rapid Transit Railroad Commissioners to be transferred to Public Service Commission,— see post, § 84, note.

§ 11. Quorum; powers of a commissioner.-A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission, and may hold meetings of the commission at any time or place within the state. Any investigation, inquiry or hearing which either commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, hearings and decisions of a commissioner shall be and be deemed to be the investigations, inquiries, hearings and decisions of the commission and every order

made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission.

What constitutes a quorum for transaction of business by Interstate Commerce Commission,- see Inters. Com. Act, § 17, post, Appendix B.

Power of one or more Interstate Commerce Commissioners to prosecute
inquiries, see Inters. Com. Act, § 19, post, Appendix B.
For parallel provisions relating to former Commission of Gas and
Electricity, see N. Y. Gas & El. Com. Act, § 6.

Parallel provisions as to former Board of Railroad Commissioners,— see N. Y. R. R. L., § 156.

What constituted a quorum for transaction of business by former Board of Rapid Transit Railroad Commissioners,- see N. Y. Rap. Tr. Act, § 3, post, Appendix A.

Powers of Commission to conduct investigations,- see also, post, § 45. Procedure upon investigation by Commission,- see also post, §§ 20, 48.

In the exercise of public authority, whether ministerial or judicial, all the persons to whom it is committed must confer and act together, as to a matter involving judgment or discretion, unless there be a provision that a less number may proceed.— Powell v. Tuttle, 3 N. Y. 396.

§ 12. Counsel to the commissions; duties.- It shall be the duty of counsel to a commission to represent and appear for the people of the state of New York and the commission, in all actions and proceedings involving any question under this act, or under or in reference to any act or order of the commission, and, if directed to do so by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence and prosecute all actions and proceedings directed or authorized by the commission, and to expedite in every way possible final determination of all such actions and proceedings; to advise the commission and each commissioner when so requested in regard to all matters in connection with the powers and duties of the commission and of the members thereof, and generally to perform all duties and services as attorney and counsel to the commission which the commission may reasonably require of him.

Appearance of Corporation Counsel for former Board of Rapid Transit Railroad Commissioners,- see N. Y. Rap. Tr. Act, $$ 41, 62, post, Appendix A.

Corporation Counsel required to approve as to form, contracts made by former Board of Rapid Transit Railroad Commissioners,— see L. 1894, ch. 752, § 13, post, Appendix A.

Counsel may obtain preference on court calendar for any action or proceeding in which he appears or is allowed to intervene,- see post, § 21.

Summary proceedings by counsel to enforce orders of the Commission,- see post, §§ 57, 74.

Laws of 1894, ch, 752, § 13, required that corporation counsel should approve as to form contracts made by the Board of Rapid Transit Railroad Commissioners. It has been decided by the Counsel to the Public Service Commission of the First District that the Corporation Counsel of New York City must approve contracts made by the Public Service Commission of that district in the exercise of powers transferred to it from the former Board of Rapid Transit Railroad Commissioners.-[Ed.] The rule that a board exercising judicial functions conferred by statute has no interest in maintaining its decision, and hence has no right to appear by counsel on appeal therefrom, applies to review of the decision of the N. Y. Board of Railroad Commissioners granting a certificate of public convenience and necessity.- People ex rel. Steward v. Board of R. R. Comrs., 160 N. Y. 202, 54 N. E. 697, affg. s. c. 40 App. Div. (N. Y.) 559, 58 N. Y. Supp. 94.

§ 13. Salaries and expenses.— The annual salary of each commissioner shall be fifteen thousand dollars ($15,000). The annual salary of counsel to a commission shall be ten thousand dollars ($10,000). The annual salary of a secretary to a commission shall be six thousand dollars ($6,000). All officers, clerks, inspectors, experts and employees of a commission, and all persons appointed by the counsel to a commission, shall receive the compensation fixed by the commission.

The commissioners, counsel to the commission and the secretary, and their officers, clerks, inspectors, experts and other employees, shall have reimbursed to them all actual and necessary traveling and other expenses and disbursements incurred or made by them in the discharge of their official duties.

Parallel provisions of Interstate Commerce Act,- see Inters. Com. Act, § 18, post, Appendix B.

As to salaries and expenses of former Commissioners of Gas and Electricity and their employees,- see N. Y. Gas & El. Com. Act, § 8. As to salaries and expenses of members of former Board of Railroad Commissioners and their employees,- see N. Y. R. R. L., § 169.

Provisions as to salary of Rapid Transit Railroad Commissioners and their subordinate officers,— see N. Y. Rap. Tr. Act, §§ 10, 62, post, Appendix A.

An assignment by a public officer of his unearned salary or fee is contrary to public policy and void.- Bowery N. Bank v. Wilson, 122 N. Y. 478, 25 N. E. 855, 9 L. R. A. 706, revg. s. c. 1 N. Y. Supp. 473.

§ 14. Payment of salaries and expenses.-1. The salaries of the commissioners, the counsel to the commission, and the secretary to the commission in the first district shall be audited and allowed by the state comptroller, and paid monthly by the state treasurer upon the order of the comptroller out of the funds provided therefor. All other salaries and expenses of the commission of the first district shall be audited and paid as follows: The board of estimate and apportionment of the city of New York, or other board or public body on which is imposed the duty and in which is vested the power of making appropriations of public moneys for the purposes of the city government shall, from time to time, on requisition duly made by the public service commission of the first district, appropriate such sum or sums of money as may be requisite and necessary to enable it to do and perform, or cause to be done and performed, the duties in this or in any other act prescribed, and to provide for the expenses and the compensation of the employees of such commission, and such appropriation shall be made forthwith upon presentation of a requisition from the said commission, which shall state the purposes for which such moneys are required by it. In case the said board of estimate and apportionment, or such other board or public body, fail to appropriate such amount as the said commission deems requisite and necessary, the said commission may apply to the appellate division of the supreme court in the first department, on notice to the board of estimate and apportionment or such other board or public body aforesaid, to determine what amount shall be appropriated for the purposes so required and the decision of said appellate division shall be final and conclusive; and the city shall not be liable for any indebtedness incurred by the said commission in excess of such appropriation or appropriations. It shall be the duty of the auditor and comptroller of said city, after such appropriation shall have been duly made, to audit and pay the proper expenses and compensation of the employees of said commission other than its counsel and secretary, upon vouchers therefor, to

be furnished by the said commission, which payments shall be made in like manner as payments are now made by the auditor, comptroller or other public officers of claims against and demands upon such city; and for the purpose of providing funds with which to pay the said sums, the comptroller or other chief financial officer of said city, is hereby authorized and directed to issue and sell revenue bonds of such city in anticipation of receipt of taxes and out of the proceeds of such bonds to make the payments in this section required to be made. The amount necessary to pay the principal and interest of such bonds shall be included in the estimates of moneys necessary to be raised by taxation to carry on the business of said city, and shall be made a part of the tax levy for the year next following the year in which such appropriations are made. The commission may provide that all or any portion of the expenses so incurred and paid by said city as in this section provided, and for which said city shall be liable, shall be repaid, with interest, by the bidder or bidders at the public sale of the rights, privileges and franchises, as provided in chapter four of the laws of eighteen hundred and ninety-one, entitled "An act to provide for rapid transit railways in cities of over one million inhabitants," and the acts amendatory thereto. The said comptroller shall pay the proper salaries and the expenses of the said commission upon its requisition, for the remainder of the fiscal year after this act shall take effect, from any funds that may have been heretofore appropriated for the board of rapid transit railroad commissioners, which appropriaton is hereby transferred to the credit of the public service commission of the first district. In case the said appropriation shall not be sufficient to meet such salaries and expenses, the comptroller of said city is hereby authorized and directed to issue and sell revenue bonds of said city, in anticipation of receipt of taxes, as herein before provided.

2. All salaries and expenses of the commission in the second district shall be audited and allowed by the state comptroller and paid monthly by the state treasurer upon the order of the comptroller, out of the funds provided therefor.

Parallel provisions as to former Board of Railroad Commissioners,see N. Y. R. R. L., •§§ 169, 170.

For practically identical provisions with reference to the payment of
salaries and expenses of the former Board of Rapid Transit Rail-
road Commissioners,- see N. Y. Rap. Tr. Act, §§ 10, 62, post,
Appendix A.

Appropriation for payment of expenses of Commissions,- see post, § 88.
General rules of statutory construction,— see ante, § 1, notes [23]-[40].

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