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[1]
[2]
General power to regulate property devoted to public use.
Scope of regulative power
4
[5]
Compensation of carrier a payment in the nature of a tax.
9
[13] [14] Power to regulate not dependent on reservation of
power to alter or amend charters.....
11
[15] Regulative acts not violative of charter or contract rights.
[16] Exemption from public control.
12
[26]
[27]
When courts will pass on question of constitutionality.
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
[30] Legislative grants construed favorably to the public
right . .
23
21
PAGE.
Section
[32]
1. [31] Matters which may be considered in construing statutes.
[31a] Construction of statutes declaratory of common law...
Purpose of acts regulating railroads.....
24
[36]
Strict or liberal construction of statutes containing penal
provisions.
27
[37] Doubts to be resolved in favor of party of whom penalty
is claimed
28
Section 2.
[41] Classification by a state for purpose of regulation..
Definitions . .
31
32
[9]
Various public services within the scope of the act de-
fined
39
[12]
power of state to regulate
Effect of various forms of ownership and control upon
In general..
- Ownership of a railroad by a foreign corporation..
Public service districts
44
Power for the legislature to create new civil divisions for regu-
lative purposes. .
Section 4. Commissions established; appointment;
Territorial jurisdiction of commissions; powers of board of
rapid transit railroad commissioners vested in com-
mission of the first district
[1] Whether the New York Rapid Transit Act is a general
act ..
[2] New York rapid transit railroad
officers .
[3] Public Service Commissions Law not a local act.
[4]
What functions and officers are local.....
[5] Power of state to resume or transfer local functions...
Attitude of the courts toward the home rule doctrine..
Constitutionality of appointment of local officers by state
officers . .
[6]
[7]
[8] When a carrier is doing business within a district.
Counsel to the commissions; power to appoint assistants.
Secretary to the commissions
Additional officers and employees..
Oath of office; eligibility of commissioners and officers.
Offices of commissions; meetings; official seal; stationery.
Quorum; powers of a commissioner.
Section 9.
Section 10.
Section 11.
Section 12.
Counsel to the commissions; duties.
65
67
commissioners local
68
69
71
72
74
75
76
77
78
79
80
81
82
84
[3] Discretion of paying officer as to payments duly audited..
[4] Application to appellate division
Extent to which the city may be rendered liable.
Proposed expenditures must be at least approximately esti-
mated
[7] Transfer of present funds.
86
87
Certain acts prohibited and defined as grounds for removal;
employees of commissions declared to be public officers.
Fees to be charged and collected by the commissions...
Attendance of witnesses and their fees; procedure in punishing
for contempt .
92
[1] Where hearings will be held..
94
[2] Extent of visitorial powers
[3] Form of application to compel production of books and
papers
[4] When a subpoena duces tecum will be refused....
95
Relevancy as affecting compelling of testimony or produc-
tion of documents
[8]
[6] Production of books and papers by a corporation....
Remedy for refusal of witness to answer questions....
What bodies may be vested with power to punish for con-
tempt ..
96
97
98
Section 20. Practice before the commissions; immunity of witnesses.
[1] The commission not bound by technical rules of procedure.
Immunity of witnesses In general.....
What statutory provisions are sufficiently broad..
100
101
-
103
104
[3] When a prior decision will be modified or reversed.
[4] Right to rehearing..
114
Section 23.
Service and effect of order; grounds for their suspension or
abrogation...
115
25. [6]
· Other accessorial services...
153
What railroads are engaged in interstate commerce.
[8] When the interstate transportation begins..
155
When interstate transportation ends...
[10] Extent of state and federal regulative power.
157
[11] Effect of failure of Congress to exercise its regulative
powers.
162
[12] Extent of police power of states..
163
[13] What acts and orders constitute a regulation of interstate
commerce In general
State and federal statutes operating on same subject.
Matters left by Interstate Commerce Commission to state
regulation
172
[21]
Status of foreign corporations doing business within a
state...
Section 26.
Safe and adequate service; just and reasonable charges; ex-
cessive charges prohibited
[9] Duty to render switching services....
[10] Duty as to hauling of sleeping cars and private cars.
[11] Duty to receive and transport......
Regulation of rates on single lines and through routes.
[26] Meaning of term "rate".
192