GIFT OF 
 
-<o 
 
 Ohio State Library 
 
 Legislative Reference Department 
 
 REGULATION OF 
 PUBLIC UTILITIES 
 
 A Comparison of the New York and 
 the Wisconsin Public Utilities Bills 
 
REGULATION 
 
 OF 
 
 PUBLIC UTILITIES 
 
 A COMPARISON OF THE NEW 
 YORK AND THE WISCONSIN 
 PUBLIC UTILITIES BILLS 
 
 BY 
 
 ALLEN RIPLEY FOOTE 
 
 Published by the 
 
 LEGISLATIVE REFERENCE DEPARTMENT OV 
 
 THE OHIO STATE LIBRARY. 
 
 
 Columbus, O. : 
 
 The F. J. Heer Printing Co. 
 
 1911 
 
4"^^ 
 
 \\^^n 
 
 This comparison was originally published by the Legislative Ref- 
 erence Department of Wisconsin. The appendix to this reprint was 
 prepared by the Legislative Reference Department of the Ohio Sta*-* 
 Library. 
 
REGULATION OF PUBLIC UTILITIES. 
 
 NEW YORK PUBLIC UTILITIES BILL. 
 WISCONSIN PUBLIC UTILITIES BILL. 
 
 COMPARISON OF PROVISIONS. 
 
 Note: This comparison was made in 1907. before either the New 
 York or the Wisconsin bill was enacted into law. Each bill was subse-- 
 quently amended before passage, and the laws have also been amended. 
 
 MOTIF. 
 
 The motif of the Nezv York hill is arbitrary power — a club. It 
 is destructive. It abolishes the state board of railroad commissioners; 
 the state commission of gas and electricity; the state or city office of 
 inspector of gas meters, and the New York board of rapid transit rail- 
 road commissioners. It gives all the powers of these boards, officers 
 and commissions to two new commissions, one for New York City and 
 one for all other counties of the state. The members of these com- 
 missions are appointed by the governor, with the consent of the senate, 
 for a term of five years, after the initial term, and removable by the 
 governor for cause. 
 
 The motif of the Wisconsin bill is the establishment of the prin- 
 ciples of reciprocal justice between public utilities and the users of the 
 services they render. It gives additional powers to the existing board 
 of railroad commissioners, a board composed of three commissioners, 
 appointed by the governor with the consent of the senate, for a term of 
 six years, after the initial term, and removable by the governor for 
 cause. 
 
 JURISDICTION. 
 
 The Nezv York bill places under the jurisdiction of its commissioners 
 all railroads; street railroads; common carriers; the manufacture and 
 distribution of gas and electricity for light, heat and power; underground 
 conduits or ducts for electrical conductors (section 66 — i) ; all trans- 
 portation of persons or property ; and all persons, corporations and 
 
 2^33^69 
 
4 LEGISLATIVE RLFEKFNC;-: OEPARTMFVT, OHIO STATE LIBRARY. 
 
 municipaiitieG ( scelion 66 — 4, 5, 6, 7. 8, & 9) owning, leasing, operating 
 and controlling the same. Street railroads are included in the provisions 
 
 for railroads and common carriers. Telephone and water utilities are 
 omitted. 
 
 The iyisco)isiii bill places under the jurisdiction of the state board 
 of railroad commissioners the manufacture and distribution of gas and 
 electricity for light, heat and power ; telephone and water services ; 
 and all persons, corporations and municipalities owning, leasing, oper- 
 ating and controlling the same. The commission has complete juris- 
 diction of railway companies (chapter 362, laws of 1905) and is given 
 complete jurisdiction of street railways by a bill now pending. 
 
 ORGANIZATION' AND EQUIPMENT OF COMMISSIONS. 
 
 Provisions in both bills are ample for the organization and equip- 
 ment of commissions to enal)le them to do effective work; and for all 
 purposes of investigation and examinations to obtain information by 
 which to guide their actions and formulate their decisions, their powers 
 are sufficient ; and the means provided for the exercise of such powers 
 are ample. 
 
 PURPOSK OF THE COMMISSIONS. 
 
 The purpose of the commissions in both states, is declared in both 
 bills to be the securing of adequate service and reasonable rates. To 
 this end all rebates, discriminations, special privileges and favors to any 
 officer, agent or employe of the commission, or to any person, firm, 
 corporation or association arc declared to be unlawful and are strictly 
 prohibited. All equii)nient and methods of manufacturing, distributing, 
 measuring and charging for services are placed under supervision and 
 examination, and the quality, purity and pressure of the product sold 
 are made the subject of continuous tests and observation. The publica- 
 tion of schedules for inspection by consumers or users is required, and it 
 is made unlawful to charge greater or less rates than those shown on 
 published schedules. 
 
 COMPETITION AS A MEANS OF SECURING ADEQUATE SERVICE AND REASOX- 
 
 ARl.E RATES. 
 
 The New }'<>rh' bill jirohibits the exercise of any right or privilege 
 under any francliise hereafter granted, or under any franchise heretofore 
 granted but not actually exercised, without authority of a commission. 
 (Section 68.) This gives the New York commission full power to pro- 
 hibit competition. 
 
 'I'lir JVisconsin hill gives power to the commission to require, for 
 a reasonable compensation, the joint use by any public utility of any con- 
 
REGULATION OF PUBLIC UTILITIES. 5 
 
 duits, subways, poles or other equipment on, over or under any street 
 or highway. (Section 4 — i.) It also provides that "no license or 
 franchise shall be granted where there is in operation, under an inde- 
 terminate permit, a public utility engaged in a similar service without 
 first securing from the commission a declaration, after hearing, of rea- 
 sonable necessity," and that "any existing franchise which shall contain 
 any terms interfering with the existence of such second public utility is 
 hereby amended to permit municipality to grant license or permit for 
 operation of second public utility." (Section 74.) Telephone companies 
 are not included in these provisions since they are by law permitted to 
 operate without franchise. 
 
 This gives the Wisconsin commission full power to prohibit compe- 
 tition, subject to review by the courts. 
 
 MUNICIPAL OWNERSHIP. 
 
 TJie Nezv York bill provides (section 68) that no municipality shall 
 build, maintain and operate for other than municipal purposes any 
 works or system for the manufacture and supplying of gas or electricity 
 for lighting purposes without a certificate of authority granted by the 
 commission. 
 
 This gives the New York commission full power to prohibit munici- 
 pal ownership. 
 
 The JVisconsin bill provides (section 76) that "every license, permit 
 or franchise hereafter granted to any public utility shall be subject to the 
 provision that the municipality in which it is situate may purchase the 
 property of such utility within said municipality actually used and useful 
 for the convenience of the public, at any time as provided herein, paying 
 therefor the then value of such property as determined by the commis- 
 sion. Any such municipality is authorised to purchase such propert)', 
 and every public utility operating under such indeterminate franchise is 
 required to sell such property at the value and according to the terms and 
 conditions determined by the commission, subject to appeal as herein 
 provided." 
 
 Section yy provides that a public utility operating under an existing 
 franchise may by filing a written surrender thereof, receive by operation 
 of law an indeterminate permit, and that the filing of such surrender 
 constitutes a waiver of the right to insist upon the fulfillment of any 
 contract relating to i:ate, charge or service regulated by the act. 
 
 Section 78 provides that the acceptance of an indeterminate fran- 
 chise shall be deemed a consent to a future purchase of the property 
 by the municipality in which the major part of it is situated at the value 
 and under the terms and conditions fixed by the commission and shall be 
 deemed a waiver of the constitutional right arising under a provision 
 
(; i.i-(;i<i, A ri\i: ki-.i-i;ki- \< i' m- 1- \immi.nt. oiini stati-: i.ibrarv. 
 
 of the stale cnnstitutiDii re(|uiriii^ ilic iKcc>>iiy i>t' the taking to be estab- 
 lislied by the verdict of a jury. 
 
 Section 79 gives the municipality power: (i) to construct and 
 operate a plant; (2) to purchase by agreement with any public utility 
 any part of any plant on terms approved by the commission after hear- 
 ing; (3) to acquire by condemnation any plant operated under a fran- 
 chise existing at the time the act takes effect; (4) to acquire property 
 of a public utility operating under an indeterminate permit. 
 
 Section 80 provides for an action to condemn the property of the 
 public utility operating under a franchise granted prior to the tiine this 
 act takes eflfect. 
 
 Section 81 provides that if the municipality shall have determined 
 to acquire a plant and the public utility has consented to the taking over 
 of such plant by the acceptance of an indeterminate permit, or iri case 
 the public utility shall not have consented to such taking by such accept- 
 ance, if a jury shall have finmd that a necessity exists for the taking 
 of such plant, then the municipality shall give notice of such determina- 
 tion and of such consent or such verdict to the public utility and t<» the 
 commission. 
 
 Section 82 provides that llic coni'iiission shall thereupon, after public 
 hearing and within three months. Fix and determine the then value of 
 the property and all terms and conditions of sale and purchase. This 
 value and thie terms and conditions shall ci»nstitiUe the comiiensation 
 and terms and conditions of sale. 
 
 Section 83 provides that the public utility of the municipality may 
 prosecute an action to alter or amend the determination of the com- 
 mission. 
 
 VALUATION or UTILITIF..^;. 
 
 The New York bill contains no provision for the valuation of 
 utilities. 
 
 The Wisconsin 1)111 provides in sections 3 to 7 inclusive, for the 
 valuation of the property of public utilities, i)ublic hearings on the 
 subject of valuation, final deterniination of value and re-valuations. 
 Section 19 provides for full publication of values. Section 86 provides 
 for a re-hearing and re-valuation if the value for the purposes of mimici- 
 pal purchase fixed by the prc\ious order ni the commission be adjudged 
 t(j be unlawful. 
 
 CONTROL f)F C Al'lTALIZATION. 
 
 The A^'cTC York hill in sections 54. -^^^ 69 & 70 gives power to the 
 commission to control the issue and transfer of stocks, bonds and other 
 evidences of indebtedness as a uuans of controlling the capitalization 
 of public utilities. 
 
ki-:(;l'I-.\ii()\ (if I'lntuc utilities. 7 
 
 The IVisconsin bill has no ])rovision to prevent stock-wateringl 
 Under its provisions rates are to be computed on true value and it was 
 regarded better to permit capitalization to be regulated by other measures 
 now pending before the legislature. 
 
 UXIFORM SYSTEM OF ACCOUNTING. 
 
 The Nczv York bill prtjvidcs in section 52 that "each commission 
 tnay, whenever it deems advisable, establish a uniform system of accounts 
 to be used by railroad and street railroad corporations or other common 
 carriers, and may prescrilie the manner in which such accounts shall be 
 kept." 
 
 It provides in section C^C^ — 4 that each commission shall "have power, 
 in its discretion, to prcscrilje uniform methods of/ keeping accounts, 
 records and books, to be observed by the persons, corporations and- 
 municipajities engaged in the manufacture, sale and distribution of gas 
 and electricity for light and power." 
 
 It will be observed that these provisions are permissive, not manda- 
 tory. 
 
 The Wisconsin bill provides: 
 
 Section 8. i. "Every public utility shall keep and render to the 
 commission in the manner and form prescribed by the commission uni- 
 form accounts of all business transacted." 
 
 2. Every public utility engaged directly or indirectly in any other 
 business than that of the production, transmission or furnishing of 
 heat, light, water or power or the conveyance of telephone messages 
 shall, if required by the commission, keep and render separately to the 
 commission in like manner and form the accounts of all such other 
 business, in which case all the provisions of this act shall apply with like 
 force and efifect to the books, accounts, papers and records of such other 
 business. 
 
 Section 9. "The commission shall prescribe the form of all books, 
 accounts, papers and records to be kept for this purpose, and every 
 public utility is required to keep and render its books, accounts, papers 
 and records accurately and faithfully in the manner and form pre- 
 scribed by the commission and to comply with all directions of the com- 
 mission relating to such books, accounts, papers and records. 
 
 Section 10. The commission shall cause to be prepared suitable 
 blanks for carrying out the purposes of this act, and shall when neces- 
 sary, furnish such blanks to each public utility. 
 
 Section 11. No public utility shall keep any other books, accounts, 
 papers or records of the business transacted than those prescribed or 
 approved by the commission. 
 
 It will be observed that all of these sections are mandatory. Their 
 enforcement will make intelligent regulation possible. 
 
8 LEGISLATIVF. REFF.RENCE DEPARTMENT. OHIO STATE LIBRARY. 
 
 PUBLIC UTILITY REPORTS. 
 
 The A'cic York bill i)rovi(les in section 46, that "each commission 
 shall prescribe the form of annual reports rcciuirerl to be made by com- 
 mon carriers, railroad and street railroad corporations ; may require such 
 reports to contain information in relation to rates or regulations concern- 
 ing fares or freight, agreements or contracts affecting the same, so far as 
 such rates or regulations pertain to transportation within the state. The 
 commission may also require such corporations to file monthly reports 
 of earnings and expenses within a specified p^iod." 
 
 In respect to gas and electricity, section 66 — 6 "requires every 
 person and corporation under its supervision to submit to it an annual 
 report showing in detail : 
 
 1. Amount of authorized, issued and outstanding capital stock. 
 
 2. Amount authorized bonded indebtedness, and amount of bonds 
 and other forms of indebtedness issued and outstanding. 
 
 3. Receipts and expenditures during preceding year. 
 
 4. Amount paid as dividends on stock, and interest on bonds. 
 
 5. Name of. and amount paid as salary to, each officer, and the 
 amount paid as wages to its employes. 
 
 6. Location of plants and systems, description of property and 
 franchises, and how each franchise was acquired. 
 
 7. Any other facts as may be required by the commission. 
 
 The Wisconsin bill provides in section 18 that "each public utility 
 shall furnish to the commission in such form and at such times as the 
 commission shall require, such accounts, reports and information as 
 shall show in itemized detail : 
 
 1. The depreciation per unit; 
 
 2. Salaries and wages separately per unit ; 
 
 3. Legal expenses per unit ; 
 
 4. Taxes and rentals separately per unit ; 
 
 5. Quantity and value of material used per unit; 
 
 6. Receipts from residuals, by-products, service or other sales 
 separately per unit ; 
 
 7. Total and net cost per unit ; 
 X. Gross and net ])rofit per unit; 
 
 i). Dividends and interests per luiil ; 
 
 H). Surj)lus or reserve per unit ; 
 
 11. Price jier unit paid by customers; and in addition such other 
 items, whetluT of a nature similar to those hereinbefore emnnerated or 
 otherwise, as the couiinissinn may prescribe in order to show completely 
 and in detail tlie entire operation of the pMbbe nlilitv in furnishini: the 
 unit of jtN prDiIuct nr service to the public 
 
 1 
 
RF.(;il..\-n()\ OF Pl'liLIC UTIl.ITIKS. . 9 
 
 vSection 42 provides that : 
 
 1. Every piiulic utility shall furnish to the cor.inii.^sioii all infor- 
 mation re(|uire(l. 
 
 2. Any public utility receiving from the commission any blanks 
 with directions to fill the same, shall cause the same to be properly tilled 
 out so as to answer full}- and correctly each question therein propounded, 
 etc. 
 
 3. Whenever rec|uired Ijy the commission, every public utility shall 
 deliver to tlie commission, any or all maps, profiles, contracts, re]j(jrts 
 of engineers and all documents, books, accounts, pa])ers and records 
 or copies of any or all of the same, with a com])lete inventory of all its 
 property, in such form as the commission may direct. 
 
 rI':.\.sonai;le rates of ciiarcfs. ' 
 
 The A'czc York bill i)rovides in section 26, that "all charges made or 
 demanded by any person, corporation or common carrier shall be just 
 and reasonable and not more than allowed by law or by order of a 
 commission." 
 
 Section 28. "Kvery common carrier shall file with a commission 
 and shall print and keep open to ])ublic ins])ection schedides showing 
 the rates of fare and charges, and separately all terminals, storage, icing 
 and other charges." 
 
 Section 29. "Unless a commission otherwise orders no change shall 
 be made in any rate, fare or charge which shall have been filed and 
 published by a common carrier except after thirty days' notice to the 
 commission and publication for thirty days. The ccMumission, for good 
 cause shown, may allow the changes in rates without recpiiring thirty 
 days' notice." 
 
 Section 30 requires filing with a commission "the name of the 
 several carriers which are parties to a joint tariff and copies of every 
 contract, agreement or arrangement with any other carrier or carriers 
 relating in any way to the transportation of pas.sengers, property or 
 freight." 
 
 Section 49 provi<les that "whenever a commission shall be of opinii)n, 
 after hearing upon a com])laint, that the rates, fares or charges demanded, 
 exacted, charged or collected, or that the regulations or practices, are 
 unjust, unreasonable, imjustl)' discriminatory or unduly preferential, or 
 in any wise in violation of any provision of law. the commission shall 
 determine the just and rea.sonable rates to be thereafter observed and 
 in force as the maximum, and shall fix the same by orders to be served 
 upon the common carriers." 
 
 Section 71 provides that com])laints as to (|uality and price of gas 
 and electricity may be made in writing by the mayor of a city, the 
 trustees of a village, or the board of a town, or by not less than one 
 
10 LliGISLATIVE REFERENCE DEPARTMENT. OHIO STATE I.II'.RARY. 
 
 Inindrecl consinncrs in cities of the first and second class, not less than 
 fifty in cities of the third class, or' not less than twenty-five elsewhere, 
 and the commission shall investigate the coni]ilaint. 
 
 Section 72 provides that the commission shall cause notice to be 
 served upon any person or corporation affected by the complaint and 
 give them opportunity to be heard. The same procedure when an in- 
 vestigation is instituted on motion of the commission. After hearing 
 and investigation, the commission within lawful limits may, by order, 
 fix the maximum price of gas or electricity or may order improvements 
 in the service. The price so fixed shall be the maximum price to be 
 charged until the commission upon complaint, or u])on an investigation 
 conducted by its own motion, again fix the maximum price. 
 
 In determining the price the commission may consider all facts 
 which in its judgment have any bearing ui)on a pnjpcr determination 
 of the question, altliough not set forth in the com])laint and not within 
 the allegations contained therein. 
 
 Section 75 provides "if it be alleged and cslablisled in an action 
 brought in any court for the collection of any charge for gas or elec- 
 tricity, thai a ]:rice has been demanded in excess of that fixed by a 
 ccmniission or ly statute, no recovery shall Ijc had therein, but the 
 fact that such excessive charges have l)een made sliall ho a complete 
 ('efense to such action. 
 
 7//(' IVisconsin bill provides: 
 
 Section 27, for the filing of schedules showing all rates, tolls and 
 charges in force at the time for every service performed, which shall 
 not exceed the rates in force April i, 1907. 
 
 Section 28, for the filing of rules and regulations afTecting charges. 
 
 Section 29, for copies of schedules for inspection by coiishhuts. 
 
 Section 30, for schedules of joint rates or charges. 
 
 Section 31, no change to l)e made excc])t on ten (lay>" notice to 
 commission. 
 
 Section 32, for new schedules to be filed for inspection by consumers. 
 
 Section 33, declares it to ])c unlawful to charge a greater or less rate 
 than shown on schedules. 
 
 Section 34, that commission may i)rescril)e changes in form of 
 schedules. 
 
 Section 35, that commission sliall proviik- comprehensive classifica- 
 tions of service that shall be uniform throughout the state. 
 
 Section 46, that substitute rates and regulations may be ordered 
 after investigation. 
 
 Section 47, that if, after hearing, the public utility has been found 
 at fault as to any rate or service it shall i)ay the expenses incurred 
 bv the coiuniission upon the investigation. 
 
REGULATION OF PUBLIC UTILITIES. 11 
 
 Section 48, that separate hearings may be had on each rate. 
 
 Section 60, that orders fixing rates and regulations, certified to 
 Litihty, take efifect in twenty days, unless otherwise specified. 
 
 Section 62, commission may rescind, alter or amend orders. 
 
 Section 63, rates and regulations fixed by commission remain in 
 force until otherwise ordered. 
 
 Section 99 provides that the commission shall have emergency 
 power to temporarily alter, amend, or, with the consent of the utility 
 concerned, suspend any existing rate and to apply the change to one 
 or more utilities in any portion of the state. 
 
 Section 100 gives commission full power to regulate unreasonable, 
 unjust or discriminatory rates in case not specifically mentioned. 
 
 Section 105. i. Unless the commission shall order otherwise, it 
 shall be unlawful for any public utility to demand, collect or receive 
 a greater compensation for any service than the charge fixed in the 
 lowest schedules of rates for the same service on the first day of April, 
 1907. 
 
 2. Every public utility shall file copies of all schedules of rates 
 and charges, including joint rates, in force on the first day of April, 
 1907 and all in force at any time subsequent to said date. 
 
 3. Every public utility desiring to advance or discontinue any 
 rate may make application to the commission. 
 
 4. If the commission find the change applied for reasonable, it 
 shall grant the application, either in whole or in part. 
 
 5. Any public utility being dissatisfied with any order of the 
 commission made under the provisions of this section, rnay commence 
 an action against the commission in the circuit court in the manner pro- 
 vided in sections 64 to y-^ inclusive, of this act. 
 
 EXTENSIONS, IMPROVEMENTS AND REPAIRS. 
 
 The New York bill gives the commission power, in section 27, to 
 order the construction of switches and sidetracks for the accommodation 
 of shippers and to specify the reasonable compensation for the con- 
 struction, establishment and maintenance of the same. 
 
 Section 37 requires sufficient cars and motive power, and that 
 "the commission shall have power to make, and by order shall make, 
 reasonable regulations for the furnishing and distribution of freight cars 
 to shippers, for the switching of the same, for the loading and unload- 
 ing thereof, for demurrage charges in respect thereto, and for the weigh- 
 ing of cars and freight offered for shipment. 
 
 Section 39 requires continuous carriage from place of shipment 
 to place of destination. 
 
12 i.i-:r.isLATivi-: ki:i"i:ki:.\( i-. di i-nkimi- .\ i . >>\\\n mmi. i.ii-.k\K\. 
 
 Section 50. to order repairs, improvements, changes or additions 
 to promote the security or convenience of the pubHc or emplo\'-. '^r 
 in order to secure adequate service or facilities. 
 
 .Section 51. to order changes in time schechiles. the running oi train.-.. 
 adcHtional cars and trains. 
 
 Section 66 : 
 
 1. General sui)ervision of all i)crs()ns and corporations having 
 authority for the purpose of furnishing gas or electricity, or maintaining 
 underground conduits or ducts for electrical conductors. 
 
 2. Investigate quality, methods employed in manufacturing and 
 su]i])lving. and order improvements. 
 
 3. Power to ti.x standards of illuminating power and purity of gas; 
 methods of regulation of the electric supply .system; require gas to equal 
 standard ; regulations as to pressure, and of its own motion, examine 
 and investigate methods employed in manufacturing, delivering and 
 supplying gas. 
 
 5. See tliat jjroperty is ])r()])crly maintained and operated. 
 
 8. To enter in or upon and to inspect the proi)erty, buildings, 
 plants, factories, power houses and offices. 
 
 Section 67. to appoint inspectors and ])n)hil)it the use of gas and 
 electric meters not inspected, approved, stamped or marked by an in- 
 spector of the commission ; every gas and electric corporation shall pro- 
 vide and keep suitable ai)paratus to be approved, stamped or marked 
 by the commission to be used in testing, etc., and shall make tests in 
 presence of consumer if desired. 
 
 Section 71. investigate com])laints as to quality or price of gas 
 and electricity. 
 
 Section J2, after investigation may. by order, order such imprt>ve- 
 menls in the manufacture. supi)ly or transmission or in methoc'.> em- 
 ployed, as will in its judgment improve the service. 
 
 Tlu- iriscoiislii hill provides in section 4. that the commission may 
 order joint use of conduits, subways, poles or other equipment, and by 
 order prescribe reasonable conditions and compensation therefor. 
 
 Section 16. keej) informed of all new constructions, extensions and 
 additicMis to property. 
 
 Section 22. ])rescribe for each kind of utility a convenient standar<l 
 unit of product or service. 
 
 Section 23. fix ade(|uate and serviceable standards of mea>>uremeni-<. 
 (juality. pressure, initial voltage and prescribe regulations for examina- 
 tions and testing: iiiles. regulations, specifications and standards tovse- 
 cine accuracy in meters an<l appliances. Nothing contained in this sec- 
 tion shall limit in any manner any powers or authority vested in nnmicipal 
 corporations as provi<led in section i^J. 
 
 Section 24. ex.iniine and test all measurin;; devices and test the same 
 
RI'X.ULATJON OK PUI'.LU: UTILITIES. 13 
 
 upon request of consumer ; any consumer may liave tests made on pay- 
 ment of fees fixed by commission. — fee to he paid by utility if the 
 appliance is found to be defective. 
 
 Section 25, commission ma\' purchase a])i)aratus and measuring in- 
 struments. 
 
 Section 26, may eiUer premises for the ])urposc of making examina- 
 tions and tests, and to set u]i a])paratus needed for tests. 
 
 Section 36. adopt rules to govern all inspections, tests, audits, in- 
 vestigations and hearings. 
 
 Section 37, inquire into management of business and kec]:) informed 
 as to manner and methods. 
 
 Section 46. if any rates, tolls, charges or schedules, or regulations, 
 measurement, practice, act or service complained of shall be found to 
 be unjust, unreasonable, insufficient or preferential, the commission shall 
 have power to substitute therefor such other regulation, measurement, 
 practice, service or act and to make such order respecting the same as 
 shall be just and reasonable. 
 
 Section 60: 
 
 4. Orders fixing regulations to take effect in twenty days unless, 
 otherwise specified. 
 
 Section 63, regulations fixed by commission to remain in force until 
 otherwise ordered by court. 
 
 Section 87. every municipal council shall have power, 
 
 1. To determine by contract, ordinance or otherwise, the quality 
 and character of each kind of jjroduct or service to be furnished or ren- 
 dered by any public utility furnishing any product or service within said 
 municipality and all other terms and conditions not inconsistent with 
 this act upon which such ])ublic utility may be yermitted to occupy the 
 streets, highways or other public property within such municipality and 
 such contract, ordinance or other determination of such municipality 
 shall be in force and prima facie reasonable. Upon complaint made by 
 such ])ublic utility or by any qualified complainant as provided in sec- 
 tion 1797m — 43, the commission shall set a hearing as provided in sec- 
 tions 1797m — 45 and 1797m — 46, and if it shall find such contract, or- 
 dinance or other determination to be unreasonal)lc, such contract, or- 
 dinance or other determination shall be void. 
 
 2. To require of any public utility by ordinance or otherwise such 
 additions and extensions to its physical plant within said municipality 
 as shall be reasonable and necessary in the interest of the public, and to 
 designate the location and nature of all such additions and extensions, the 
 time within which they must be completed and all conditions under which 
 they must be constructed subject to review by the commission as pro- 
 vided in subdivision i of this section. 
 
14 LK(..I>I..\ I 1\ I Kl.l I KI-..\( I IH-.l' \KIMI..\ I , iillln S lATI-. I.ll'.UNKV. 
 
 3. To provide for a 1 enaity for non-compliance with the provisions 
 of any ordinance or resohition adopted pursuant to the ])rovisions hereof. 
 
 4. The power and authority granted in this section shall exist and 
 be vested in said municipalities, anything in this act to the contrary not- 
 withstanding. 
 
 Section 97, fine or imprisonment for destroying, interfering with or 
 injuring apparatus belonging to commission. 
 
 I.WESTIGATIOX OF ACCIDENTS. 
 
 The Nezv York bill provides in section 47, that "each commission shall 
 investigate the cause of all accidents on any railroad or street railroad 
 within its district which result in loss of life or injury to persons or 
 property, and which in its judgment shall require investigation. Every 
 common carrier, railroad corporation and street railroad corporation is 
 hereby required to give immediate notice to the commission of every 
 accident happening upon any line of railroad or street railroad owned, 
 operated, controlled or leased by it, within the territory over which such 
 commission has jurisdiction, in such manner as the commission may di- 
 rect. Such notice shall not be admitted as evidence or used for any pur- 
 pose against such common carrier, railroad corporation or street railroad 
 corporation giving such notice in any suit or action for damages growing 
 out of any matter mentioned in said notice. 
 
 The IViscoiisiii bill provides in section loi, that: 
 
 1. Every public utility shall, whenever an accident attended with 
 loss of human life occurs witliin this state upon its premises or directly 
 or indirectly arising from or connected with its maintenance or opera- 
 tion, give immediate notice thereof to the commission. 
 
 2. In the event of any such accident the commission, if it deem the 
 public interest require it,«shall cause an investigation to be made forth- 
 with ; which investigation shall be held in the locality of the accideni. 
 unless for greater convenience of those concerned it shall order such 
 investigation to be held at some other place ; and said investigation may 
 be adjourned from place to jilace as may be found necessary and con- 
 venient. The commission shall seasonably notify the ])ublio utility (^f the 
 time and place of the investigation. 
 
 LIAIill.lTV FOR LOSS OK DA.MACI". HV VIOLATION OK ACT. 
 
 The New Yorh hill in section 38 fixes liability for damage to property 
 while in transit, and gives provisions to be incorporated in bills of lading. 
 
 Section 40 fixed liability for loss or damage caiLsed by violation of 
 this act, the laws of the state or the orders of the commissioiL 
 
 The IViscoiisi)! In'tl ])r(^vidcs in section 03, that "if any public utility 
 shall flo or cause to be done or permit to be d<Mic any matter, act or thing 
 
RKOri.ATlOX OF PUBLIC UTILITIES. 15 
 
 in tliis act i)rohibite(l or declared to be unlawful, or shall omit to do any 
 act, matter or thing re(|uired to be done liy it, such ])ublic utility shall he 
 liable to the person, firm or corporation injurel thereby in treble ihi; 
 amount of damages sustained in consec|ucnce of such violation ; pro- 
 vided that any recovery as in this section provided shall in no manner 
 affect a recovery by the state of the ];cnalty prescribed for such violation." 
 
 SERVICE AND EFFECT OF ORDERS. 
 
 The Nczv York bill in section 23, provides that, "Every order of 
 a commission shall be served upon every person or corporation to be 
 affected thereby, either by personal delivery of a certified copy thereof, 
 or by mailing a certified copy thereof in a sealed package with postage 
 prepaid, to the person to be affected thereby, or, in the case of a cor- 
 poration, to any officer or agent thereof upon whom a summons may be 
 served in accordance with the provisions of the code of civil procedure. 
 It shall be the duty of every person and corporation to notify the com- 
 mission forthwith, in writing, of the receipt of the certified copy of 
 every order so served, and in the case of a corporation such notification 
 must be signed and acknowledged by a person or officer duly authorized 
 by the corporation to admit such service. Within a time specified in 
 the order of the commission every person and corporation upon whom 
 it is served must, if so required in the order, notify the commission 
 in like manner whether the terms of the orrlcr are accepted and will be 
 obeyed. 
 
 "Every order of a commission shall take effect at a time therein 
 specified and shall continue in force for a period therein designated 
 unless earlier modified pr abrogated by the commission, or unless such 
 order be unauthorized by this or any other act or be in violation of a 
 provision of the constitution of the state or of the United States." 
 
 The Wisconsin bill in section 60, provides that, 
 
 "i. Whenever, upon an investigation made under the provisions 
 of this act. the commission shall find any existing rates, tolls, charges, 
 schedules or joint rate or rates to be unjust, unreasonable, insufficient 
 or unjustly discriminatory or to be preferential or otherwise in violation 
 of any of the provisions of this act, the commission shall determine and 
 by order fix reasonable rates, tolls, charges, schedules or joint rates to 
 be imposed, observed and followed in the future in lieu of those found 
 lO be unjust, unreasonable, insufficient or unjustly discriminatory or 
 preferential or otherwise in violation of any of the provisions of this 
 act. 
 
 "2. Whenever, upon an investigation made under the provisions 
 of this act, the commission shall find any regulations, measurements, prac- 
 tices, acts or service to be unjust, unreasonable, insufficient, preferential. 
 
\C} I.KC.rSLATIVK KKKKKKNi i: ,Di:i'ARrMi;N'l (lUlO STATK MltKAKV. 
 
 uiiju>tly (liscriniinatorx or otherwise in violation of any of the ])rovisions 
 of this act : or shall find thai any service is inadequate or that any service 
 which can he reasonahly demanded cannot be obtained, the commission 
 shall determine and declare and by order fix reasonable measurements. 
 regidatii>ns. acts, practices or service to be furnished, imposed, observed 
 and followed in the fiUure in lieu of those found to be imjust. unreason- 
 able, insufficient, preferential, unjustly discriminatory. ina<le(|uate or 
 otherwise in violation of this act. as the case may be. and shall make 
 such other order respecting such measurement, regulation, act. ])ractice 
 or service as shall be just and reasonable. 
 
 ■■3. Whenever, upon an investigation made under the provisions of 
 this act. the commission shall find that any rale. toll, charge, schedule 
 or joint rate or rates is imjust. unreascmable. insutificient. or unjustly 
 discriminatory or ])referential or otherwise in violation of any of the 
 ])ro\isions of this act. or that an}- measurement, regulation, practice, act 
 or service complained of is unjust, mu'easonable. insufficient. ])referenlial 
 or otherwise in violation of any of the provisions of this act, or it shall 
 lind that any service is inadequate or that any service which can rea- 
 sonably be demanded cannot be obtained, the commission shall ascertain 
 and declare and by orrler fix the expenses incurred by the commission 
 upon such investigation and shall b\' such (jrder direct such pul)lic utility 
 to pay to the state treasurer within twenty days thereafter such ex- 
 l^enses so ir^gurred. 
 
 "4. The commission shall cause a certified copy of all such orders 
 to be delivered to an officer or agent of the public utility afifected thereb.y. 
 and all such orders shall of their own force take etYect and become 
 operative twenty days after service thereof, unless a difTerent time be 
 provided by said order." 
 
 FKAXcii ISI-: i'Ki\ii.i:(;i-:.s. 
 
 'flic .VrTi' ]'('rlc hill in section 5_^ ])ro\i(le^ that. "Xo railroatl cor- 
 jjoration. street railroad corporation or common carrier shall begin the 
 cfinstruction of a railroad, or any extension thereof, nor shall it exercise 
 anv franchise or right imder any ])rovision of the railroad law, or of 
 an\- other law, not heretofore law full\- exercised, without lirst having 
 obtained the ])ermission and a])proval of the ])roper commission. The 
 commission within whose district such construction is to be made 
 or within whose district suili tranchise or rij^ht is to be exer- 
 cised, shall have power to graiu the permission and approval herein 
 specified whejiever it shall, after <hie hearing, determine that such con- 
 struction or such exercise of the francluNe or privilege is necessary 
 or convenient for the public service. And if such construction is to be 
 made, or such franchise to be exercised in both districts, the approv.al 
 of both commissions shall be secured." 
 
REGULATION OF PUHLIC UTILITIES. 17 
 
 Section 54 provides that. "Xo franchise nor any right to or nnder 
 any franchise, to own or operate a raih'oad or street railroad shall be 
 assigned, transferred or leased, nor shall any contract, or agreement 
 with reference to or afifecting any such franchise or right be valid or 
 of any force or etTect whatsoever, unless the assignment, transfer, lease, 
 contract or agreement shall have been approved by the proper com- 
 mission." 
 
 Section 68 provides that, "No gas or electrical corporation shall be- 
 gin construction or exercise any right or privilege under any franchise 
 hereafter granted, or under any franchise heretofore granted but not 
 heretofore actually exercised without first having obtained the permission 
 and approval of the proper commission." 
 
 Section 70 provides that, "No gas or electric corporation shall 
 transfer or lease its franchise, works or system or any part of such 
 franchise, or works or system to any other person or corporation, or 
 contract for the operation of its works and system, without the written 
 consent of the proper commission." 
 
 The Wisconsin hill provides in section 74: 
 
 "i. No license, permit or franchise shall be granted to any person, 
 co-partnership or corporation to own, operate, manage or control any 
 plant or equipment for the production, transmission, delivery or furnish- 
 ing of heat, light, water or power in any municipality where there 
 is in operation under an indeterminate permit as provided in this act, 
 a public utility engaged in similar service, without first securing from 
 the commission a declaration, after a public hearing of all parties inter- 
 ested, that there is reasonable necessity therefor. 
 
 "2. Any existing permit, license or franchise which shall contain 
 any term whatsoever interfering with the existence of such second public 
 utility is hereby amended in such a manner as to permit such munici- 
 pality to grant an indeterminate permit for the operation of such 
 second public utility pursuant to the provisions of this act. 
 
 "3. No municipality shall hereafter construct any such plant or 
 equipment where there is in operation under an indeterminate permit as 
 provided in this act. in such municipality a public utility engaged in 
 similar service, without first securing from the commission a declaration, 
 after a public hearing of all parties interested, that there is reasonable 
 necessity therefor. But nothing in this section shall be construed as 
 preventing a municipality acquiring any existing plant by purchase or 
 by condemnation as hereinafter provided. 
 
 "4. Nothing in this section shall be construed so as to prevent 
 the granting of an indeterminate permit or the construction of a 
 mimicipal plant where the existing public utility is operating without an 
 indeterminate permit as provided in this act." 
 
 2 p. r. 
 
18 LEGISLATIVF. REFERENCE DEPARTMENT. OHIO STATE LIRRARV. 
 
 Section 75 jjiovides that, "Xo license, permit or franchise to own. 
 operate, manage, or control any plant or equipment for the production, 
 transmissi(jn, delivery or furnishing of heat, light, water or power 
 shall be hereafter granted or transferred, except to a corporation dulv 
 organized under the laws of the state of Wisconsin." 
 
 Section 76 provides that. "Every license, permit or franchise here- 
 after granted to any public utility shall have the effect of an indeterminate 
 permit subject to the provisions of this act, and subject to the provision 
 that the municipality in which the major part of its property is situate 
 may purchase the property of such public utility actually used and 
 useful for the convenience of the public at any time as provided herein, 
 paying therefor the then value of such property as determined by the 
 commission and according to the terms and conditions fixed by said 
 commission. Any such municipality is authorized to purchase such prop- 
 erty and every such public utility is required to sell such property at 
 the value and according to the terms and conditions determined by 
 the commission as herein provided." 
 
 Section yj provides that, "Any public utility operating under an ex- 
 isting license, permit or franchise shall, upon filing at any time prior to 
 the expiration of such license, permit or franchise and ])rior to January 
 I, 1908. with the clerk of the municipality which granted such franchise 
 and with the commission, a written declaration legally executed, that it 
 surrenders such license, ])crmit or franchise, receive \^\ oi)eration of law 
 in lieu thereof, an indeterminate jicrmit as provided in this act ; and such 
 ])ul)lic utility shall hold sucli jjcrmit under all the terms, conditions and 
 limitritions of this act. The filing of such declaration sh:dl be deemed a 
 waiver by such public utility of the right to insist upon the fulfillment of 
 any contract theretofore entcre<l into relating to anv rate, ch.iroe or ser- 
 vice regulated by this act. 
 
 PRACTICE nKFORl-: COMMISSION'S: IMMTXriN' o|.- wnM-ssi-^. 
 
 The N CIV York bill provides : 
 
 Section 17. Certified copies of papers filed to be evidence. 
 
 Section 18. Fees to be charged and collected by the commission. 
 
 Section 19. Attendance of witnesses and their fees. 
 
 Section 20. Prescribes methods of practice before the commission 
 and of granting immunity to witnesses, and that tlu' coinmissioii shall not 
 be bound by the technical rules of evidence. 
 
 Section 22. Re-hearing before the commission. 
 
 Section 45. I'owcr to administer oaths in all parts of the slate to 
 witnesses smnmoned to testify in anv in(|uirv ; conduct hearings and take 
 testimony. 
 
 Section ^S. (lives each commission power, of its own motion, to 
 in\-estig:ilc or make in(|uiry, in a maiuu-r to be determined bv it. as to 
 
REGULATION OF PUBLIC UTILITIES. 19 
 
 any act or thing done or omitted to be done by any common carrier, rail- 
 road or street railroad corporation, and the commission must make such 
 inquiry of any act or thing done or omitted to be done in violation of any 
 provision of law or in violation of any order of the commission. 
 
 Section 66 — lo. Power to subpoena witnesses, take testimony and 
 administer oaths. 
 
 The Wisconsin hill provides in section 6, that before final determina- 
 tion of the value of a utility, the commission shall, after notice to the 
 public utility, hold a public hearing as to such valuation in the manner 
 prescribed. 
 
 The commission shall have power : 
 
 Section 36. To adopt rules as to practice and procedure. 
 
 Section 37. To inquire into the management of the business of all 
 public utiHties. 
 
 Section 38. To inspect books, etc., of the utility. 
 
 Section 39. To compel utility to produce books and records from 
 without the state. 
 
 Section 41. The commission shall have power to appoint, by an 
 order in waiting, an agent for the purpose of making any investigation 
 with regard to any public utility, whose duties shall be prescribed in said 
 order. Such agent shall have every inquisitorial pow€r granted to the 
 railroad commission or granted by law to a court commission. Any num- 
 ber of investigations may be conducted contemporaneously through dif- 
 ferent agents. The decisions of the commission shall be based upon its 
 examination of all testimony and records. The commission may take 
 further testimony, order further investigation and hear further argument. 
 
 Section 43. Any one of certain public and quasi public organiza- 
 tions or any twenty-five persons may complain as to rates, etc. 
 
 Section 49. Commission may upon its own motion initiate an in- 
 vestigation. 
 
 Section 51 provides for notice of hearing to all parties in interest 
 and the conducting of hearings. 
 
 Section 53 provides that the commissioners shall have power to ad- 
 minister oaths, certify to official acts, issue subpoenas, compel attendance 
 of witnesses, the production of books, accounts, papers, records, docu- 
 ments, and take testimony, and that it shall be the duty of the circuit court 
 of any county or the judge thereof, on application by the commission 
 to compel obedience to its orders. 
 
 Section 54 provides for witness fees and when to be paid. 
 
 Section 55 provides for the taking of depositions of witnesses. 
 
 Section 56. "A full and complete record shall be kept of all pro- 
 ceedings had before the commission or its agent on any formal investiga- 
 tion had and all testimony shall be taken down by the stenographer ap- 
 pointed by the commission." 
 
20 LEGISLATIVE REFERENCE DEPARTMENT. OHIO STATE LIBRARY. 
 
 Section 58 provides that a certified transcribed copy of evidence shall 
 have same effect as original evidence. 
 
 Section 59 provides for furnishing free of cost to all parties to an 
 investigation of a copy of evidence. 
 
 Section 71. "In all actions and proceedings in court, arising under 
 this act all processes shall be served and the practice and rules of evi- 
 dence shall be the same as in civil actions, except as otherwise herein 
 provided. Every sheriff or other officer empowered to execute civil pro- 
 cesses shall execute any process issued under the provisions of this act 
 and shall receive such compensation therefor as may be prescribed by 
 law for similar services." 
 
 Section 72. "No person shall be excused from testifying or from 
 producing books, accounts, and papers in any proceeding based upon or 
 growing out of any violation of the provision of this act on the ground 
 or for the reason that the testimony or evidence, documentary or other- 
 wise, required of him may tend to incriminate him or subject him to 
 penalty or forfeiture ; but no person having so testified shall be prose- 
 cuted or subjected to any penalty or forfeiture for or on account of any 
 transaction, matter or thing concerning which he may have testified or 
 produced any documentary evidence ; provided, that no person so testify- 
 ing shall be exempted from prosecution or punishment for perjury in so 
 testifying." 
 
 Section 73. "Upon application of any person the commission shall 
 furnish certified copies under the seal of the commission, of any order 
 made by it, which shall be prima facie evidence of the facts stated therein." 
 
 Section 86 provides for a re-hearing for the determination of value. 
 
 Section 102. "i. The commission shall inquire into any neglect or 
 violation of the laws of this state by any public utility doing business 
 therein, or by the oflficers. agents or employes thereof or by anv person 
 operating the plant of any public utility, and shall have the power and it 
 shall be its duty to enforce the provisions of this act as well as all other 
 laws relating to pubic utilities, and to report all violations thereof to the 
 attorney general. 
 
 "2. Upon the request of the commission it ^hall be the duty of the 
 attorney general or the district attorney of the i)ropcr county to aid in 
 any investigation, hearing or trial had luider the provisions of this act, 
 and to institute and prosecute all necessary actions or proceedings for 
 the enforcement of this act and of all other laws of this state relating 
 to public utilities and for the punishment of all violations thereof. 
 
 "4. The commission shall have authority to employ counsel in any 
 proceeding, investigation, hearing or trial." 
 
 Section 104. "This act shall not have the effect to release or waive 
 any right of action by the state or by any person for any right, penalty 
 or forfeiture which may have arisen or which may hereafter arise, under 
 anv law of this state; etc." 
 
REGULATION OF PUBLIC UTILITILS. 21 
 
 FiNr,s. F()Rri:iTUKi':s and I'1-;\.\li"ii".s. 
 
 The New York bill: 
 
 Section 56. i. Every common carrier, railroad corporation and 
 street railroad corporation and all (jfficers and agents of any common 
 carrier, railroad corporation or street railroad corporation shall obey, 
 observe and com])ly with every order made by the commission, under 
 authority of this act, so long" as the same shall be and remain in force. 
 Any common carrier, railroad corporation or street railroad corporation 
 which shall violate any provision of this act, ov which fails, omits or 
 neglects to obey, observe or comply with any order or any direction or 
 requirement of the commission, shall forfeit to the ])eople of the state 
 of New ^^ork not to exceed the sum of five thousand dijllars for each 
 and every offense ; every violation of any such order or direction or re- 
 quirement, or of this act, shall be a separate and distinct offense, and. 
 in case of a continuing violation, every day's continuance thereof shall 
 be and be deemed to be a separate and distinct offense. 
 
 2. Every officer and agent of any such common carrier or cor- 
 poration who shall violate, or who procures, aid or abets any violation 
 by any such common carrier or corporation of any provision of this 
 act, or who shall fail to obey, observe and comply with any order of 
 the commission or any provision of an order of the commission, or who 
 procures, aids or abets any such common carrier or corporation in its 
 failure to obey, observe and comply with any such order or provision, 
 shall be guilty of a misdemeanor. 
 
 Section 58. i. Any cor])oration, other than a common carrier, 
 raih-oad corporation or street railroad corporation, which shall violate 
 any provision of this act, or shall fail to obey, observe and comply with 
 every order made by the commission under authority of this act, so 
 long as the same shall be and remain in force, shall forfeit to the people 
 of the state of New York a sum not exceeding one thousand dollars 
 for each and every oft'ense ; every such violation shall be a separate and 
 distinct oft'ense, and the ])enalty or forfeiture thereof shall be recovered 
 in an action as provided in section 59 of this act. 
 
 2. Everv person who. either individually or acting as an officer 
 or agent of a corporation other than a C(~»mmon carrier, railroad corpora- 
 tion or street railroad corporation, shall violate any provision of this act 
 or fail to obey, observe or compl\- with any order ma<le by the commis- 
 sion under this act. so long as the same shall be or remain in force, or 
 who shall procure, aid or abet any such corporation in its violation of 
 this act or in its failure to obey, observe or comply with any such order, 
 shall be guilty of a misdemeanor. 
 
 3. In construing and enforcing the i)rovisi(jns of this act relating 
 to forfeitures and penalties the act of any director, officer or other 
 
22 LI-J.I.SLAI 1\ K Kl'.l-i;i<l-..\CE DI-:P.\U1M1-..N I . iMIlU S I A 1 1-. I.IHKAKV. 
 
 person acting for or employed by any common carrier, railroad corpora- 
 lion, street railroad corporation or corporation, acting within the scope 
 of his official duties or employment, shall be in every case and be deemed 
 to be the act of such common carrier, railroad corporation, street rail- 
 road corporation or corporation. 
 
 Section 59. An action to recover for a penalty or a forfeiture 
 under this act may be brought in any court of competent jurisdiction 
 in this state in the name of the people of the state of New York, and 
 shall be commenced and prosecuted to final judgment by counsel to the 
 commission. In any such action all penalties and forfeitures incurred 
 up to the time of commencing tlie same may be sued for and recovered 
 therein, and the commencement of an action to recover a penalty or 
 forfeiture shall not be. or be held to be. a waiver of the right to recover 
 any other penalty or forfeiture; if the defendant in such action shall 
 prove that during any portion of the time for which it is sought to re- 
 cover penalties or forfeitures for a violation of an order of the commis- 
 sion the defendant was actually anfl in good faith prosecuting a suit, ac- 
 tion proceeding in the courts to set aside such order, the court shall re- 
 mit the penalties or forfeitures incurred during the pendency of such 
 suit, action or proceeding. All moneys recovered in ainy such action, 
 together with the costs thereof, shall b.e paid into the state treasury to 
 the credit of the general fund. 
 
 Section 73. Same as 58, applies to gas and electric corporations. 
 
 Section 75. If it be alleged and established in an action brought in 
 any court for the collection of any charge for gas or electricity, that a 
 price has been demanded in excess of that fixed by the commission or by 
 statute in the municipality wherein the action arose, no recovery shall 
 be had therein, but the fact that such excessive charges have been (nade 
 shall be a complete defense to such action. 
 
 The Wisconsin bill: 
 
 Section 93. If any public utility shall do or cause to be done or 
 permit to be done any matter, act or thing in this act prohibited or 
 declared to be imlawful, or shall omi^ to do any act, matter or thing 
 required to be done by it, such public utility shall be liable to the person, 
 firm or corporation injured thereby in treble the amount of damages sus- 
 tained in consequence of such violation ; provided that any recovery as 
 in this section ])rovi(lcd. shall in no manner affect a recovery by 
 the state of the penalty prescribed for such violation. 
 
 Sectioh 94 provides fines for any utility officer, agent or employe 
 who fails to obey the orders of the commission. 
 
 Section 95 provides fines for any utility violating the provisions of 
 this act or refusal to obey the orders of the commission. 
 
 Section (/> i)ro\i;k's I'lncs for any oflicer of town, village or city 
 who fails to ob'c\- orders of i-onimissii>n. 
 
REGULATION OF PUBLIC UTILITIES. 23 
 
 Section 97 provides fine or imprisonment for destroying, interfering 
 with or injuring apparatus belonging to the commission. 
 
 Section 98 provides that every day's failure to comply with an order 
 of the commission shall be a distinct offense. 
 
 Section 102. 3. Any forfeiture or penalty herein provided shall 
 be recovered and suit therein shall be brought in the name of the state 
 of Wisconsin in the circuit court for Dane county. Complaint for 
 the collection of any such forfeiture may be made by the commission 
 or any member thereof, and when so made the action so commenced 
 shall be prosecuted by the attorney general. 
 
 Section 104. All penalties and forfeitures accruing under this act 
 shall be cumulative and a suit for any recovery of one shall not be a 
 bar to the recovery of any other penalty. 
 
 COMPLAINT AGAINST UTILITIES. 
 
 The New York bill section 27 provides that, "If any railroad cor- 
 poration shall fail to install or operate any switch connection with a 
 lateral line of railroad or any side track and switch connection after 
 written application thereof had been made to it, any corporation or per- 
 son interested may present the facts to a commission by written peti- 
 tion, and the commission shall investigate the matters stated in such 
 petition, and give .<^uch hearing thereon as it may deem necessary and 
 proper. If the commission be of opinion that it is safe and practicable 
 to have a connection, substantially as prayed for, established or main- 
 tained, and that the business to be done thereon justifies the construction 
 and maintenance thereof, it shall make an order directing the construc- 
 tion and establishment thereof, specifying the reasonable compensation 
 to be paid for the construction, establishment and maintenance thereof." 
 
 Section 48. 2. Complaints may be made to the proper commission 
 by any person or corporation aggrieved, by petition or complaint in 
 writing setting forth any thing or act done or omitted to be done by 
 any common carrier, railroad corporat'on or street railroad corporatioi'. 
 in violation, or claimed to be in violation of any provision of law or of 
 the terms and conditions of its franchise or charter or of any order 
 of the commission. Upon the presentation of such a complaint the com- 
 mission shall cause a copy thereof to be forwarded to the person or cor- 
 poration complained of. accompanied by an order, directed to such 
 person or corporation, requiring that the matters complained of be 
 satisfied, or that the charges be answered in writing within a time to 
 be specified by the commission. If the person or corporation com 
 plained of shall make reparation for any injury alleged and shall cea-e 
 to commit, or to permit, the violation of law, franchise or order charged 
 in the complaint, and shall notify the commission of that fact before the 
 time allowed for answer, the commission need take no further action 
 
24 IJ-.<.I>I..\ I 1\ I-. Kl.l I Kl .\( I-. Dl.l- ARTMKNT. (»lll(» SI. Ml-; l.ll'.NAKV. 
 
 upon tlie charges. If. however, the charges contained in such petition 
 he not tlius satislied. and it shall appear to the commission that there 
 are reasonable grounds therefor, it shall investigate such charges in 
 such manner and by such means as it shall deem proper, and take such 
 action within its powers as the facts justify. 
 
 3r Whenever either commission shall investigate an\ matter com- 
 plained of by any person or corporation aggrieved by any act or omission 
 of a common carrier, railroad corporation or street railroad corporation 
 under this section it shall be its duty to make and file an order either 
 dismissing the petition or complaint or directing the common carrier, 
 railroad corporation or street railroad corporation complained of to 
 satisfy the cause of complaint in whole or to the extent which the com- 
 mission may specify and rc(|uiro. 
 
 Section 49 provides for the hearing of complaints regarding rates, 
 fares or charges. 
 
 Section 51 provides for the hearing of complaints regarding time 
 schedules and the running of additional cars and trains. 
 
 Section 67. 2. Xo cor])oration or pers(Mi shall furnish or put in 
 use any gas meter which shall not have been ins]iected. proved and sealed, 
 or any electric meter which shall not have been inspected, approved, 
 stamped or marked by an insjjector of the commission. Every gas and 
 electrical corporation shall jirovide or keep in and ui)on its premises a 
 suitable and proper a])paratus, to be approved and stampefl or marked by 
 the commission for testing and proving the accuracy of gas and electric 
 meters furnished for use by it. and by which apparatus every meter may 
 and shall be tested, on the written request of the consumer to whom the 
 same shall be furnished, and in his presence if he desires it. 
 
 If any consumer to whom a meter has been furnished, shall recpiest 
 the commission in writing to inspect such meter, the commission shall 
 have the same inspected and tested; if the same on being so tested shall 
 be found tcj be. four ])er cent, if an electric meter, or two per cent, if a 
 gas meter, defective or incorrect to the ])reiudice of the consumer, the 
 inspector shall order the gas or electrical cor])oration forthwith to re- 
 move the same and to place instead thereof a correct meter, and the ex- 
 pense of such ins|;ection and test shall be borne by the c<M-poration ; if 
 the same on being so tested >liall be found to be correct the expense of 
 such ins])ection and test shall be l)ornc by the consumer. .\ uniform rea- 
 sonable charge shall be fixed by the commission for this service. 
 
 .Section 71. I'pon the complaint in writing of the mayor of a city, 
 the trustees of a village or the town board of a town, or upon the coui- 
 plaint in writing of not less than one Inmdred consiuners or purchasers 
 of gas ()!• electritity in cities o|' iIk- fust and second class, or of not les> 
 than fifty in cities of the third class, or not less than twenty-five else- 
 where either as to the illuminating j)ower, puritv. ]>ressure or price of 
 
REGULATION OF TURLIC UTILITIKS. 25 
 
 gas or the initial efficiency of the electric incandescent lam]) sup])ly, or 
 the regulation of the voltage of the sup])ly system used for incandescent 
 lighting, or the price of electricity sold and delivered in such munici])ality, 
 the commission shall investigate as to the cause for such complaint. 
 
 Section yi. IJefore proceeding under a complaint presented as pro- 
 vided in section 71. the commission shall cause notice of such coni])]ainl. 
 and the ])urpose thereof, to he served upon the person or corporation 
 affected therehy. Such person or corporation shall have an opportunity to 
 be heard in respect to the matters complained of at a time and place to 
 be specified in such notice. After a hearing and investigation, the com- 
 mission within lawful limits may. by order, fix the maximum i)rice of 
 gas or electricity to be charged by such corporation or person, or may 
 order such improvement in the manufacture or supplv of such gas, in 
 the manufacture, transmission or supply of such electricity, or in the 
 methods employed by such person or corporation, as will in its judgment 
 improve the service. 
 
 The Wisconsin bill: 
 
 Section 43. Upon a complaint made against any public utility by 
 any mercantile, agricultural or manufacturing society or by any body poli- 
 tic or muncipal organization or by any twenty-five persons, firms, corpora- 
 tions or associations, that any of the rates, tolls, charges or schedules or 
 any joint rate or rates are in any respect unreasonable or unjustly dis- 
 criminatory, or that any regulation, measurement, ])ractice or act what- 
 soever affecting or relating to the production, transmission, delivery or 
 furnishing of heat, light, water or power or any service in connection 
 therewith or the conveyance of any telejihone message or any service in 
 connection therewith is in any respect tinreasonable, insufficient or un- 
 justly discriminatory, or that any service is inadequate or cannot be ob- 
 tained, the commission shall proceed, with or without notice, to make 
 such investigation as it may deem necessary or convenient. Hut no 
 order affecting said rates, tolls, charges, schedules, regulations, measure- 
 ments, practice or act complained of shall be entered by the commission 
 without a formal public hearing. 
 
 Section 44. The commission shall, prior to such formal hearing, 
 notify the public utility com])lained of that a complaint has been made, 
 and ten days after such notice has been given the commission may ])ro- 
 ceed to set a time and place for a hearing and an investigation as herein- 
 after provided. 
 
 Section 45. The commission shall give the jiublic utilitv and the 
 complainant, if any, ten days' notice of the time and place when and 
 where such hearing and investigation will be held and such matters con- 
 sidered and determined. Doth the pul)lic utility and complainant shall 
 be entitled to be heard and shall have process to enforce the attendance 
 of witnesses. 
 
26 LEGISLATIVE REFERENCE DEPARTMENT, OHIO STATE LIBRARY. 
 
 Section 51 provides that in case of iiivestigations on the motion of the 
 commission "Notice of the time and place for such hearing shall be given 
 to the public utility and to such other interested persons as the commission 
 shall deem necessary as provided in section 45."" 
 
 CO.MPLAIXTS BY UTILITIES. 
 
 The A^eio York hill in section 27, provides that the commission may 
 upon the application of the railroad corporation in interest, order the 
 discontinuance of a switch connection. 
 
 The Wisconsin hill, section ^2. Any public utility may make com- 
 plaint with like effect as though made by any person, firm, corporation 
 or association, mercantile, agricultural or manufacturing society, body 
 politic or municipal organization. See section 43. 
 
 Section 105. 5. Any public utility being dissatisfied with any order 
 of the commission made under the provisions of this section, may com- 
 mence an action against it in the circuit court in the manner provided in 
 sections 64 to 72, inclusive of this act, which action shall be tried and de- 
 termined in the same manner as is provided in said sections. 
 
 COMPLAINT AGAINST COMMISSION. 
 
 The Nezv York hill, by implication, recognizes the right of a public 
 utility to complain against the orders of a commission, in the following 
 clause in section 59: 
 
 "If the defendant in such action f to recover penalties or forfeitures) 
 shall prove that during any portion of the time for which it is sought 
 to recover penalties or forfeitures for a violation of an order of the 
 commission that defendant was actually and in good faith prosecuting 
 a suit, action or proceeding in the courts to set aside such order, the court 
 shall remit the penalties or forfeitures inciirred during the pendency of 
 such suit, action or proceeding." 
 
 Tlie Wisconsin hill: 
 
 Section 64. The utility or any person in interest may have recourse 
 to the courts when dissatisfied with any order of the commission fixing 
 rate or regulation. 
 
 Section 83. The utility or the municii)ality may have recourse to 
 the courts when dissatisfied with determination of the commission relative 
 t(» price or terms for municipal purchase. 
 
 5;iMMARY PROCEEDINGS TO ENFORCE OBEDIENCE TO ORDERS OF COMMISSIONS. 
 
 The New York hill: 
 
 .Section 21. All actions and proceedings under this act, and all ac- 
 tions and proceedings commenced or prosecuted by order of cither com- 
 
REGULATION OF PUULIC UTILITIES. 27 
 
 mission, and all actions and proceedings to which either comrnission or 
 the people of the state of New York may be parties, and in which any 
 question arises under this act or under the railroad law, or under or con- 
 cerning any order or action of the commission, shall be preferred over all 
 other civil causes except election causes in all courts of the state of New 
 York and shall be heard and determined in preference to all other civil 
 business pending therein excepting election causes, irrespective of po- 
 sition on the calendar. The same preference shall be granted upon appli- 
 cation of counsel to the commission in any action or proceeding in which 
 he may be allowed to intervene. 
 
 Section 57. Whenever either commission shall be of opinion that a 
 common carrier, railroad corporation or street railroad corporation sub- 
 ject to its supervision is failing or omitting or about to fail or omit to 
 do anything required of it by law or l)y order of the commission, or is 
 doing anything or about to do anything or permitting anything or about 
 to permit anything to be done, contrary to or in violation of law or of 
 any order of the commissi(in, it shall direct counsel to the commission 
 to commence an action or proceeding in the supreme court of the state 
 of New York in the name of the commission for the purpose of having 
 such violations or threatened violations stopped and prevented either by 
 mandamus or injunction. Counsel to the commission shall thereupon 
 begin such action or proceeding by a petition to the supreme court alleging 
 the violation complained of and praying for appropriate relief by way of 
 mandamus or injunction. It shall thereupon be the duty of the court 
 to specify the time not exceeding twenty days after service of a copy 
 of the petition, within whic'i the common carrier, railroad corporation 
 or street railroad corporation complained of must answer the petition. 
 In ca.'^e of default iti answer or after answer, the court shall immediately 
 inquire into the facts and circumstances in such manner as the court shall 
 direct without other or formal pleadin.gs, and without respect to any 
 technical requirement. Such other persons or corporations as the court 
 shall deem necessary or proper to join as parties in order to make its 
 order, judgment or writs effective, may be joined as parties upon appli- 
 cation of counsel to the commission. The final judgment in any such 
 action or proceeding shall either dismiss the action or proceeding or 
 direct that a writ of mandamus or an injunction or both issue as prayed 
 for in the petition or in such modific<l or other form as the court may 
 determine will afiford appropriate relief. 
 
 Section 74. Applies section 57 to gas and electric corporations. 
 
 The Wisconsin bill depends upon actions for the recovery of pen- 
 alties and forfeitures to secure obedience to the orders of the commission 
 and it makes it the duty of the attorney general or the district attorney 
 of the proper county to aid the comnu'ssion. 
 
 Section T02. 2. Upon the request of the commission it shall be 
 the duty of the attorney general or the district attorney of the proper 
 
28 I.K(.I>I. \ I l\ I Kl I l.KI.NC I Dl- IV\!M MIX r. Ollld SIA IK I.IIIKAKV. 
 
 county to aid in any investigation, hearing or trial had under the pro- 
 visions of this act. and to institute and i)rosecute all necessary actions 
 or proceedings for the enforcement of this act and of all other laws 
 of this state relating to |)uhlic utilities and for the inmishment of all 
 violations thereof. 
 
 3. Any forfeiture or penalty licrcin ])rovi(k'd shall be recovered 
 and suit therein shall be brought in the name of the state of Wisconsin 
 in the circuit court for Dane county. Complaint for the collection of 
 any such forfeiture may be made by the commission or anv member 
 thereof, and when so made tlie action so commenced shall be ])rosecuted 
 by the attorney general. 
 
 4. The commission shall lia\e authority to em])loy counsel in any 
 ])rocee(ling. investigation, hearing or trial. 
 
 POWKR.S OF RKGUI. ATIO.X C'O.VFIKM KD TO M U.N' ICIP \LITIi:S. 
 
 The Nc2v York Bill: 
 
 Section yy. If in any city of the hrst or second class there now 
 exists or shall hereafter be created a board, body or officer having 
 juri-sdiction of matters pertaining to gas or electric service, such board, 
 body or officer shall have and may exercise such power, jurisdiction 
 and authority in enforcing the laws of the state and the orders, rules and 
 regulations of the commission as may be prescribed by statute or bv the 
 v'ommission. 
 
 The Wisconsi)! Bill: 
 
 Section 87. Every municipal council >liall have power : 
 
 (t) To determine, by contract, ordinance or otherwise the (luality 
 and character of each kind of j^roduct or service to be furnished or 
 rendered by any public utility furnishing any ])roduct or service within 
 said municipality and all other terms and conditions not inconsistent 
 with this act u])on which such public utility may be permitted to occupv 
 the streets, highways or other i)ublic property within such municipality 
 and such contract, ordinance or other determination of such municipality 
 shall be in force and prima facie reasonable. Upon complaint made 
 by such ])ublic utility or by any (|ualilied com|)lainant as provided in 
 sections 1797m — 43. the commi>>^ion >liall set a bearing as provided in 
 sections 1797m — 45 and 1797m — 4(» and if it shall lind such contract, 
 ordinance or other determinati<»n to be unn-asonable. such tniuract, 
 ordinance or other detenuination >hall be void. 
 
 (2) To i\<|iiire of any public utility by ordinance or otherwise 
 such additions and extensions to its physical plant within said munici- 
 pality as shall be reasonable and necessary in ilie intiiest of the i)nblic, 
 and to designate the location and natvue of all such additions and cx- 
 tensit)ns, the time within which they must be completed aiid all conditions 
 
REGULATION OF PUBLIC UTILITIES. 29 
 
 under which they must be constructed subject to review by the com- 
 mission as provided in subdivision i of this section. 
 
 (3) To provide for a penahy for non-comphance with the pro- 
 visions of any ordinance or resokition adopted pursuant to the provisions 
 hereof. 
 
 (4) The power and authority gi'anted in this section shall exist and 
 be vested in said mimicipalities. anything in this act to the contrary 
 notwithstanding. 
 
 COURT REVIEW. 
 
 The Nczv York hill is drawn on the assumption that the rights of 
 persons, corporations and bodies politic to resist the enforcement of 
 orders issued by the commission are ampl}^ protected by provisions in 
 existing laws. The only recognition of such a right to be found in this 
 bill is in the clause in section 50 above quoted. 
 
 The Wisconsin Bill: 
 
 Section 64. ( i ) An}' public utility and any person or coporation in ' 
 interest being dissatisfied with any order of the commission fixing any 
 rate or rates, tolls, charges, schedules, joint rate or rates or any order 
 fixing any regulations, practices, act or service may commence an action 
 in the circuit court for Dane county against the commission as defendant 
 to vacate and set aside any such order on the ground that the rate or 
 rates, tolls, charges, schedules, joint rate or rates, fixed in such order is 
 unlawful, or that any such regulation, practice, act or service fixed in 
 such order is unreasonable, in which action the complaint shall be served 
 with the summons. 
 
 2. The answer of the commission to the complaint shall be served 
 and filed within ten days after service of the complaint, whereupon said 
 action shall be at issue and stand ready for trial upon ten days' notice 
 to either party. 
 
 3. All such actions shall have precedence over any civil cause 
 of a different nature pending in such court, and the circuit court shall 
 always be deemed open for the trial thereof, and the same shall be 
 tried and determined as other civil actions. 
 
 Section 65. Every proceeding, action or suit to set aside, vacate or 
 amend any determination or order of the commission or to enjoin the 
 enforcement thereof or to prevent in any way such order or determina- 
 tion from becoming effective, shall be commenced, and every appeal to 
 the courts or right of recourse to the courts shall be taken or exercised 
 within ninety days after the entry or rendition of such order or de- 
 termination, and the right to commence any such action, proceeding or 
 suit or to take or exercise any such appeal or right of recourse to the 
 courts, shall terminate absolutely at the end of such ninety days after 
 such entry or rendition thereof. 
 
30 LEGISLATIVE REKEREXCK DEPAk I M i.N i . mi 10 STATE l.lnKAKV. 
 
 Section 66. No injunction shall issue suspending- or staying any 
 order of the commission, except upon application to the circuit court or 
 presiding judge thereof, notice to the commission, and hearing. 
 
 Section 67. i. If, upon the trial of such action, evidence shall be 
 introduced by the plaintiff which is found by the court to be different 
 from that offered upon the hearing before the conmiission or its an- , 
 thorized agent, or additional thereto, the court, before proceeding to 
 render judgment, unless the parties to such action stipulate in writing 
 to the contrary, shall transmit a copy of such evidence to the commission 
 and shall stay further proceedings in said action for fifteen davs from 
 the date of such transmission. 
 
 2. Upon the receipt of such evidence the commission shall consider 
 the same and may alter, modify, amend or rescind its order relating to 
 such rate or rates, tolls, charges, schedules, joint rate or rates, regula- 
 tions, practice, act or service complained of in said action, and shall re- 
 port its action thereon to said court within ten days from the receipt of 
 such evidence. 
 
 Section 68. i. If the commission shall rescind its order com- 
 plained of, the action shall be dismissed ; if it shall alter, modify or 
 amend the same, such altered, modified or amended order shall take the 
 place of the original order complained of, and judgment shall be rendered 
 thereon as though made by the commission in the first instance. 
 
 2. If the original order shall not be rescinded or changed by the 
 commission judgment shall be rendered upon such original order. 
 
 Section 69. Either party to said action within sixty days after 
 service of a copy of the order or judgment of the circuit court, may ap- 
 peal to the supreme court. Where an appeal is taken the cause shall, 
 on the return of the papers lo the su])reme court, be immediately placed 
 on the state calendar of the then ])en(liiig term and shall be assignetl and 
 brought to a hearing in the same manner as other causes on the state 
 calendar. 
 
 Section 70.' In all trials, actions and proceedings arising under the 
 provisions of this act or growing out of the exercise of the authority and 
 powers granted herein to the commission, the burden of proof shall be 
 upon the party adverse to such commission or seeking to set aside any 
 determination, requirement, direction or order of said commission, to 
 show by clear and satisfactory evidence that the determination, require- 
 ment, direction or order of the commission complained of is unreasonable 
 or unlawful as the case may be. 
 
 Section 83. Gives the right to the public utility to appeal i*> the 
 courts for review of value or terms fixed by the commission for pur- 
 chase by miuiicipality. 
 
REGULATION OF PUBLIC UTILITIES. 31 
 
 ANNUAL REPORTS OF COMMISSIONS. 
 
 The Nezv York bill : 
 
 Section i6. All proceedings of each commission and all documents 
 and records in its possession shall be public records, and each commission 
 shall make an annual report to the legislature on or .before the second 
 Monday of January in each year, which shall contain copies of all orders 
 issued by it, and any information in the possession of the commission 
 which it shall deem of value to the legislature and the people of the 
 state. Five hundred copies of each report, together with abstracts of 
 the reports to such commission of common carriers, railroad corporations 
 and street railroad corporations, and gas and electrical corporations, in ad- 
 dition to the regular number prescribed by law, shall be printed as a 
 public document of the state, bound in cloth, for the use of the com- 
 missioners and to be distributed by them in their discretion to railroad, 
 street railroad, gas and electrical corporations and other persons inter- 
 ested therein. 
 
 The Wisconsin bill: 
 
 Section 19. i. The commission shall publish annual reports show- 
 ing its proceedings and showing in tabular form the details per unit as 
 provided in section 1797m — 18 for all the public utilities of each kind in 
 the state,- and sucli monthly, or occasional reports as it may deem ad- 
 visable. 
 
 2. The commission shall also publish in its annual reports the value 
 of all the property actually used and useful for the convenience of the 
 public and the value of the physical property actually used and useful 
 for the convenience of the public, of every public utility as to whose 
 rates, charges, service or regulations any hearing has been held by the 
 commission under section 1797m — 45 and 1797m — 46 or the value of 
 whose property has been ascertained by it under section 1797m — 5. 
 
 Section 20. All facts and information in the possession of the com- 
 mission shall be public and all reports, records, files, books, accounts, 
 papers and memoranda of every nature whatsoever in their possession 
 shall be open to inspection by the public at all reasonable times except 
 as provided in section 21. 
 
 Section 21. i. Whenever the commission shall determine it to be 
 necessary in the interest of the public to withhold from the public any 
 facts or information in its possession, such facts may be withheld for 
 such period after the acquisition thereof not exceeding ninety days as 
 the commission may determine. 
 
 2. No facts or information shall be withheld by the commission 
 from the public for a longer period than ninety days nor be so with- 
 held for any reason whatsoever other than in the interest of the public. 
 
32 LEGISLATIVE REFERENCE DEPARTMENT, OHIO STATE LIBRARY. 
 
 PAYMENT OF THE EXPENSES OF COMMISSION. 
 
 The New York bill: 
 
 Section. 13 fixes the salaries of the commissioners; counsel to the 
 commission; secretary to the commission, and provides that all officers, 
 clerks, inspectors, experts and employes of a commission, and all persons 
 appointed by the counsel of a commission shall receive the compensation 
 fixed by the commission. 
 
 The commissioners, counsel to a commission and the secretary to 
 a commission, shall have reimbur.sed to them all actual and necessary 
 traveling and other expenses and disbursements incurred or made by 
 them, their officers, clerks, inspectors, experts and other employes, in the 
 discharge of their official duties. 
 
 Section 14. i. 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 funds pro- 
 vided therefor. 
 
 "All other salaries and expenses of the commission of the first dis- 
 trict shall be audited and paid by the city of New York." 
 
 2. All salaries and expenses of the commission in the second dis- 
 trict shall be audited and allowed by the state comptroller and paid 
 monthly by the state treasurer tipon the order of the comptroller, out of 
 funds provided therefor. 
 
 Section 88. There shall be appropriated for the use of the com- 
 mission, and for the payment of salaries and disbursements under this 
 act, from money not otherwise appropriated, the sum of three hundred 
 thousand dollars, or so much thereof as may be necessary. 
 
 The Wisconsin bill: 
 
 Section 14. i. The commission shall provide for the examination 
 and audit of all accounts, and all items shall be allocated to the accounts 
 in the manner prescribed by the commission. 
 
 2. The agents, accountants or examiners employed by the com- 
 mission shall have authority under the direction of the commission to 
 inspect and examine any and all books, accounts, papers, records and 
 memoranda kept by such public utilities. 
 
 Section 107. A sum sufficient to carry out the provisions of this 
 act is appropriated out of any money in the state treasury not otherwise 
 appropriated. 
 
REGULATION OF PUBLIC UTILITIES. 33 
 
 EXPENSES OF COMMISSIONS. 
 (From official sources.) 
 
 Wisconsin. 
 
 The expenses of the \\ isconsin commission last year were, in 
 round numbers, $100,000. 
 
 New York. 
 
 As will be seen by reference to Mr. Lapp's analysis of the law, 
 New York has two public service commissions ; the commission of the 
 first district, with jurisdiction limited to New York city, and the com- 
 mission of the second district, with jurisdiction over the remainder of 
 the state. The expenditures are here given separately. 
 
 FIRST DISTRICT. 
 
 The expenditures for this district in 1908 were $983,000, of which 
 $747,000 was paid in salaries. Following is the latest statement from 
 the commission : '"The emplo)'es of the commission number more than 
 600 and the total pay-roll is about $70,000 per month. The annual ex- 
 penditures of the commission amount to about $1,000,000 of which 
 amount $91,000 is paid by the state and the balance by the city of New- 
 York. Fully 60% of the expenditures of the commission go to the 
 maintenance of a large engineering force engaged in the preparation of 
 plans and supervision of construction of subways." - 
 
 SECOND DISTRICT. 
 
 The expenditures for this district are reported as follows: For 
 1908, $307,734.05 ; for 1909, $276,575.41 ; for 1910, $295,443.08. Ap- 
 propriation for 1911, $372,830. These sums do not include the state's 
 portion for grade crossing elimination. There was appropriated for this 
 purpose in 191 1, $350,000. 
 
 RESULTS. 
 
 The New York Public Service Commission of the first district claims 
 in two years to have saved the railway companies and the people of New 
 York city $3,000,000 in the prevention of accidents alone. The general 
 opinion seems to be that the commission has more than paid its way. 
 Periodical literature on the subject, almost without exception, is favor- 
 able to the commission. There are a few dissenting voices, however. 
 Charles H. Young, of New York city, is quoted in Colliers IVcckly. 
 October 22, 1910, as saying: "We need more economy in state manage- 
 ment and the abolition of useless and extravagant frills. For example, 
 the Public Service Commission costs the tax payers more than $1,000,000 
 a vear and does nothing." 
 
34 LIXISLATIVI-: REFERENCE DEPARTMENT, OHIO STATE LIIJRARY. 
 
 PUBLIC UTILITIES COMMISSIONS. 
 
 SELECT LIST OF REFERENCES. 
 
 Bruere, Henry. Public utilities regulation in New York. (Annals of 
 American Academy of Political and Social Science. 1908. v. 31, 
 
 P- 535-5I-) 
 
 An impartial discussion of the New York Law by the director of 
 the New York Bureau of Municipal Research. 
 
 Commons, John R. How Wisconsin regulates her public utilities. (Re- 
 view of Reviews. 19 10. v. 42, p. 215-22.) 
 Describes and Approves the work of the Wisconsin Commission. 
 
 , . Physical valuation of public utilities. (Independent. 
 
 1908. V. 65, p. 582-5.) 
 
 , . The Wisconsin pubHc utilities law. (Review of Re- 
 
 views.* 1907. V. 36, p. 221-4.) 
 
 Foote, a. R. Address delivered before the Wisconsin Legislature, June 
 
 5. 19070 
 
 A pamphlet of 21 pages in which a comparison is made of the public 
 utility bills of New York and Wisconsin. 
 
 GoNGVVER, C. S. How New York, Massachusetts and Wisconsin regu- 
 late and control public utilities. (Ohio Journal of Commerce. Dec. 
 10, 1910 — Jan. 21, 1911.) 
 
 A series of articles based on an investigation of the utilities laws of 
 the three .states. The purpose is "to present concisely and impartially 
 what other states have done and arc doing." 
 
 Gray, J. H. Public service commissions. (Proceedings of American 
 Political Science Association. 1907. v. 4, p. 324-35.) 
 
 Hatton, W. H. Public service commissions. (Proceedings of .Amer- 
 ican Political Science Association. 1907. v. 4, p. 305-15.) 
 
 Hudnall, G. H. Public service commission law of Wisconsin. (Pro- 
 ceedings of American Political Science Association. 1907. v. 4, 
 p. 316-23.) 
 
 Kennedy. J. S. New York public service. (World To-day. 1910. v. 
 
 19. p. 1081-4.) 
 
 An interesting descri])lion of the work of the "up state" or second 
 district Public Service Commission of New York, by the secretary of 
 the commission. 
 
 Lapp, T. A. Public utilities. (American Political Science Review. 1907. 
 
 V. I. p. 626-38.) 
 
 A careful comparison of the laws of New York and Wisconsin 
 creating i^iblic service commissions. 
 
REGULATION' OF PUULIC UT1L1TI'}£S. 'j^)' 
 
 — , • Public Utilities. (American Political Science Review. 
 
 1908. V. 2, p. 592-5.) 
 Public service commission laws. A comparison of the 
 
 laws of New York, Wisconsin, Massachusetts, New Jersey and 
 Maryland. 191 1. 
 
 A pamphlet of 18 pages. A concise and impartial comparison, pub- 
 lished by the Legislative Reference Department of the Ohio State Li- 
 brary. 
 
 Marcosson, L F. Curb on corporation abuses : how New York is solv- 
 ing a national problem in her new commission. (Saturday Evening 
 Post. 1908. v. 180, p. 3-5.) 
 
 • — '■ ," . Tribunal for all the people. (Munsey's Magazine. 
 
 1910. V. 43, p. 731-43.) 
 
 Sets forth appreciatively "how the public service commissions oT 
 New York have put an efifective curb on corporate abuses." 
 
 Malthie, Milo R. Public utility commission of New York City. (City 
 Club Bulletin. 1909. v. 2, p. 235-50.) 
 
 An address, delivered before the City Club of Chicago, January 16, 
 1909, by Dr. Milo R. Maltbie, a member of the New York Public Ser- 
 vice Commission, first district. A straightforward and popular presen- 
 tation of the work of the commission. 
 
 New York Public Service Commission-, first district. Jurisdiction and 
 work. (1909.) 
 
 A pamphlet of 15 pages setting forth clearly what the commission 
 has done for the city of New- York. 
 
 New York utilities bill. (Outlook. 1907. v. 86, p. 221-24.) 
 
 A brief editorial discussion of the principles of the New York law. 
 
 New Y.ORK utilities commission. (Review of Reviews. 1907. v. 
 36, p. 521-4.) 
 
 An editorial review o^ the work of the commission for the first 
 district. 
 
 OsBORN, T. M. Public service commission law of New York. (Atlantic. 
 1908. V. loi, p. 545-54.) 
 
 , . The ])ublic service commission law of New York 
 
 State. (Proceedings of American Political Science Association. 
 
 1907. V. 4, p. 287-304.) ' 
 
 A discussion by a member of the New York commission, second 
 district. 
 
 Pollock, H. M. Public service commissions of the state of New York. 
 (Annals of the American Academy of Political and Social Science. 
 
 1908. V. 31, p. 649-58. 
 
S6* LEGISLATIVE REFERENCE DEPARTMENT, OHIO STATE LIBRARY. 
 
 PoMERENE, Atlee. Plca for the enactment of a public utilities commis- 
 sion law. (In his address on the occasion of his election to the 
 United States Senate, January ii, 191 1.) 
 
 Public utilities: two methods of control. (Outlook. 1907. v. 86, 
 P- 532-3-) 
 A brief editorial comparison of the Xew York and Wisconsin laws. 
 
 Solving a great city's transportation problem : New York's mil- 
 lion-dollar-a-year attempt to regulate its street railways by the public 
 utilities commission. (World's Work. 1907. v. 15. p. 9594-9.) 
 
 Stowe, L. B. How New Y'ork deals with her public service companies. 
 (Review of Reviews. 1910. v. 42, p. 21 1-5.) 
 
 An interesting account of the good work accomplished by the Public 
 Service Commission of the first district. (New York City.) 
 
 , . Public ser\'ice companies and the people. (Outlook. 
 
 1910. V. 95, p. 515-21.) 
 Van Norman, L. E. New transportation era for New York. (Review 
 
 of Reviews. 1910. v. 42, p. 433-44.) 
 
 Whitney, T. H. Public service commission act of New York. (Green 
 Bag. 1907. V. 19, p. 412-24.) 
 A detailed analysis of the New York law. 
 
 Laws and Bills. 
 
 Copies of public service commission laws of the different states and 
 of bills introduced in the General Assembly of Ohio and of other states 
 are kept on file in the Legislative Reference Department of the Ohio 
 State Library. Reports of the New York and Wisconsin commissions 
 may also be consulted there. 
 
29:^VHi9 
 
 UNIVERSITY OF CAIvIFORNIA LIBRARY