Commission Regulation of Public Utilities

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2; MASSACHUSETTS (Railroad Commission)-clerk shall be appointed by governor. Acts 1906, ch. 463. pl. i, sec. 1; MISSISSIPPI-secretary shall be appointed by commission by and with consent of senate for same term as commissioners. Code 1906, sec. 4828; NORTH CAROLINA clerk shall be appointed for two years. Pell's Revisal 1908, sec. 1063; PENNSYLVANIA-secretary shall be appointed by commission subject to approval of governor. Laws 1907, no. 250, sec. 2.

IOWA, MICHIGAN and MONTANA-secretary shall possess same qualifications as are required of commissioners. Ia.-Code 1897, sec. 2111; Mich.-Pub. Acts 1909, no. 300, sec. 2(h); Mont.-Rev. Codes 1907, sec. 4367; MINNESOTA-secretary shall not be a member of commission. Rev. Laws 1905, sec. 1957, as amended by Laws 1911, ch. 140; MISSISSIPPI-secretary shall have same qualifications as commissioners and shall be subject to same disqualifications and to like penalties but shall not be liable to impeachment. Code 1906, sec. 4828; KANSAS, MARYLAND, NEBRASKA, NEVADA, OHIO, OREGON, RHODE ISLAND and WISCONSIN-any person ineligible to office of commissioner shall be ineligible to office of secretary. Kan.-Laws 1911, ch. 238, sec. 8; Md.--Laws 1910, ch. 180, sec. 7; Neb.-Cobbey's Annot. Stats. 1909, sec. 10650; Nev.-Stats. 1907, ch. 44, sec. 1(i), as amended by Stats. 1911, ch. 193; Ohio-Code 1910, sec. 495; Ore.— Gen. Laws 1907, ch. 53, sec. 6; R. I.-Acts 1912, ch. 795, sec. 4; Wis.-Laws 1905, ch. 362, sec. 1797-1(1); NEVADA-secretary shall be an expert rate man. Stats. 1907, ch. 44, sec. 1 (h), as amended by Stats. 1911, ch. 193; NORTH CAROLINA clerk shall be an expert accountant experienced in railroad statistics and transportation rates. Pell's Revisal 1908, sec. 1063.

Ariz.-Sess.

ARIZONA, CALIFORNIA-secretary shall take usual oath of office. Laws 1912, ch. 90, sec. 7; Cal.-Stats. 1911, 1st ex. sess., ch. 14, sec. 7; CONNECTICUTsecretary shall give bond in sum determined by commission. Pub. Acts 1911, ch. 128, sec. 7; INDIANA-secretary shall furnish bond of $5,000 and shall take usual oath of office. Acts 1907, ch. 241, sec. 2(a); IOWA, KANSAS, MARYLAND, MICHIGAN, NEBRASKA, NEVADA, NORTH CAROLINA, OHIO, OREGON, PENNSYLVANIA and WISCONSIN-secretary or clerk shall take same oath as required of commissioners. Ia.Code 1897, sec. 2111; Kan-Laws 1911, ch. 238, sec. 8; Md.-Laws 1910, ch. 180, sec. 2; Mich.-Pub. Acts 1909, no. 300, sec. 2(h); Neb.-Cobbey's Annot. Stats. 1909, sec. 10650; Nev.-Stats. 1907, ch. 44, sec. 1(i), as amended by Stats. 1911, ch. 193; N. C.-Pell's Revisal 1908, sec. 1063; Ohio-Code 1910, sec. 495; Ore.-Gen. Laws 1907, ch. 53, sec. 6; Pa.Laws 1907, no. 250, sec. 4; Wis.-Laws 1905, ch. 362, sec. 1797-1(i); MASSACHUSETTS (Gas and Electric Commission)-clerk shall be sworn before entering upon duty. Rev. Laws 1902, ch. 121, sec. 2; MINNESOTA-secretary shall furnish bond of $10,000 and take same oath as required of commissioners. Rev. Laws 1905, sec. 1957, as amended by Laws 1911, ch. 140; MISSISSIPPI-secretary shall take required oath. Code 1906, sec. 4828; MONTANA-secretary shall furnish bond of $25,000. Rev. Codes 1907, sec. 4364; RHODE ISLAND—secretary shall be sworn to faithful performance of his duties and may be removed for violating any provisions of law. Acts 1912, ch. 795, secs. 5, 11; VERMONT-clerk shall furnish bond of $1,000 and shall be sworn to faithful performance of his duties. Pub. Stats. 1906, secs. 4594, 4595; WASHINGTON-secretary shall take oath faithfully and impartially to discharge duties of his office. Laws 1911, ch. 117, sec. 6.

Salaries: UNITED STATES—$5,000. Act to Regulate Commerce, sec. 18; ALABAMAnot exceeding $2,400. Code 1907, sec. 5640; ARIZONA-as fixed by law. Sess. Laws 1912, ch. 90, sec. 10; ARKANSAS-not exceeding $1,500. Kirby's Digest 1904, sec. 6793; CALIFORNIA-as fixed by law. Stats. 1911, 1st ex. sess., ch. 14, sec. 10(a); FLORIDAnot exceeding $1,500. Gen. Stats. 1906, sec. 2887, as amended 1907; GEORGIA-$2,000. Code 1911, sec. 2627; ILLINOIS $3,500. Revisal 1909, ch. 114, sec. 170; INDIANA— not more than $2,500. Acts 1907, ch. 241, sec. 2(a); IOWA-$1,500. Code 1897, sec. 2121; KANSAS $1,800. Gen. Stats. 1909, sec. 7185; KENTUCKY-$1,200. Carroll's Stats. 1909, sec. 822; LOUISIANA-$1,500. Const., art. 283; MAINE-$1,500. Rev. Stats. 1903, ch. 116, sec. 1; MARYLAND-$3,000. Laws 1910, ch. 180, sec. 2; MASSACHUSETTS 1 (Railroad Commission)-$3,000. Acts 1906, ch. 417, sec. 2; MICHIGAN$2,000. Pub. Acts 1909, no. 300, sec. 2(g); MISSISSIPPI-$1,800. Laws 1908, ch. 48, sec. 1; MISSOURI-$2,000. Rev. Stats. 1909, sec. 3262; MONTANA-$3,000. Rev. Codes 1907, sec. 4368; NEBRASKA-$2,500; provided that commission may pay in the aggregate to be apportioned as commission determines not more than $6,000 to its secretary and two clerks. Cobbey's Annot. Stats. 1909, sec. 10650; NEVADA--not more than $2,400. Stats. 1907, ch. 44, sec. 1(h), as amended by Stats. 1911, ch. 193; NEW YORK$6,000. Laws 1910, ch. 480, sec. 13; NORTH CAROLINA-$2,400 plus extra allowance 1 Clerk of gas commission and clerk of highway commission, salaries not stated.

not exceeding $300.

Pell's Revisal 1908, sec. 2754; NORTH DAKOTA-$2,000. Laws 1909, ch. 195, sec. 1; OHIO-not more than $2,500. Code 1910. sec. 494; OKLAHOMA$2,000. Sess. Laws 1908, ch. 18, art. 1, sec. 2; OREGON-not more than $2,000. Gen. Laws 1907, ch. 53, sec. 5; PENNSYLVANIA-$4,000. Laws 1907, no. 250, sec. 23; RHODE ISLAND-$3,000. Acts 1912, ch. 795, sec. 11; SOUTH DAKOTA-not more than $1,500. Rev. Pol. Code 1903, sec. 195, as amended by Sess. Laws 1907, ch. 208; TENNESSEE— $1,500 plus $500 in lieu of traveling expenses. Acts 1897, ch. 10, sec. 3, as amended by Acts 1907, ch. 390, sec. 1; TEXAS-not more than $2,000. Sayles' Civ. Stats. 1897, art. 4561(5); VERMONT-salary fixed by commission with approval of governor. Pub. Stats. 1906, sec. 6172, as amended by Laws 1908, no. 116, sec. 21; WASHINGTON-$2,000. Laws 1911, ch. 117, sec. 4; WISCONSIN-not more than $2,500. Laws 1907, ch. 582, sec. 1797-1(h).

2. General Duties and Powers.

ARKANSAS, ARIZONA, CALIFORNIA, ILLINOIS, INDIANA, MAINE, MARYLAND, MASSACHUSETTS,* MICHIGAN, MONTANA, NEBRASKA, NEVADA, NEW JERSEY, NEW MEXICO, NEW YORK, OHIO, OREGON, PENNSYLVANIA, RHODE ISLAND, TENNESSEE, TEXAS, VERMONT, WASHINGTON, WISCONSIN

Secretary or clerk shall keep full and correct record of all transactions and proceedings of commission and shall perform such other duties as may be required. Ariz.-Sess. Laws 1912, ch. 90, sec. 5; Ark.-Kirby's Digest 1904, sec. 6793; Cal.-Stats. 1911, 1st ex. sess., ch. 14, sec. 5; Ill.-Revisal 1909, 174 ch. 114, sec. 170; Ind.-Acts 1907, ch. 241, sec. 2(a); Me.Rev. Stats. 1903, ch. 51, sec. 48, as amended by Pub. Laws 1909, ch. 141; Md.-Laws 1910, ch. 180, sec. 2; Mass.-Rev. Laws 1902, ch. 121, sec. 2. Acts 1906, ch. 463, pt. i, sec. 1; Mich.Pub. Acts 1909, no. 300, sec. 2(h); Mont-Rev. Codes 1907, sec. 4371; Neb.-Cobbey's Annot. Stats. 1909, sec. 10760; Nev.Stats. 1907, ch. 44, sec. 1(i), as amended by Stats. 1911, ch. 193; N. J.-Laws 1911, ch. 195, sec. 6; N. M.-Const., art. xi, sec. 4; N. Y.-Laws 1910, ch. 480, sec. 7; Ohio Code 1910, sec. 495; Ore. Gen. Laws 1907, ch. 53, sec. 6; Pa.-Laws 1907, no. 250, sec. 2; R. I.-Acts 1912, ch. 795, sec. 11; Tenn.-Acts 1897, ch. 10, sec. 6; Tex.-Sayles' Civ. Stats. 1897, art. 4561(5); Vt.Pub. Stats. 1906, sec. 4595; Wash.-Laws 1911, ch. 117, sec. 4; Wis.-Laws 1905, ch. 362, sec. 1797-1(i).

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Clerk of railroad commission keeps his records subject to the control of the commission in so far as is essential in the proper administration of justice in the proceedings before them. Inhabitants of Newton vs. Board of Railroad Commissioners, 205 Mass. 94.

3. Special Duties and Powers.

Special duties and powers of secretary or clerk follow:

ARIZONA-secretary shall also have all the powers conferred by law upon peace officers to carry weapons, make arrests and serve warrants and other process in any county, city or town of this state. Sess. Laws 1912, ch. 90, sec. 5; ARKANSAS-secretary shall administer all oaths and certify to all official acts done by commission. Kirby's Digest 1904, sec. 6796; CALIFORNIA-secretary shall issue all necessary processes, warrants, writs and notices. Stats. 1911, 1st ex. sess., ch. 14, sec. 5; INDIANA-secretary shall be the fiscal and disbursing agent of commission. Acts 1907, ch. 241, sec. 2(a); KANSASsecretary shall also be the rate clerk. Gen. Stats. 1909, sec. 7173; MARYLAND, New Gas and Electric Commission and Railroad Commission.

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YORK and PENNSYLVANIA-secretary shall keep full and correct records of all books, maps and documents ordered filed and shall be responsible to commission for safe custody of same at office of commission, under direction of commission shall have general charge of office and superintend the clerical business, shall have power to administer oaths in all parts of state so far as the exercise of such power is properly incidental to the performance of his duties or of commission, and shall designate from time to time one of the clerks appointed by commission to perform his duties during his absence, and during such time the clerk so designated shall at the office possess the powers of secretary of commission. Md.-Laws 1910, ch 180, sec. 2; N. Y.-Laws 1910, ch. 480, sec. 7; Pa.-Laws 1907. no. 250, sec. 2; MICHIGAN-secretary shall devote his entire time to his office. Pub. Acts 1909, no. 300, sec. 2(h); MINNESOTA-secretary shall also act as registrar. Rev. Laws 1905, sec. 1957, as amended by Laws 1911, ch. 140; MONTANA-secretary shall be custodian of records and shall file and preserve at office of commission all books, maps and documents entrusted to his care and be responsible to commission for same. Rev. Codes 1907, sec. 4371; NEVADA-secretary of railroad commission shall act as secretary of public service commission. Stats. 1911, ch. 162, sec. 2; NEW JERSEY-secretary shall be official reporter of proceedings of commission. Laws 1911, ch. 195, sec. 6; NORTH DAKOTA-secretary shall devote his entire time to work of commission. Laws 1909, ch. 195, sec. 1; PENNSYLVANIA-secretary shall be chief executive officer. Laws 1907, no. 250, sec. 2; RHODE ISLAND-secretary shall be responsible to commission for safe custody and preservation of all documents and seal which he shall affix to all documents and orders as required, shall have general charge of office and superintend business and shall have power to administer oaths at any hearing or investigation conducted by commission. Acts 1912, ch. 795, sec. 11; VERMONT clerk shall have custody of seal of commission, general charge of office, shall file and preserve in office all documents entrusted to his care, prepare such papers and notices as may be required, shall have all powers and discharge all duties incident to a clerk of court of record, shall have power under direction of commission to issue subpoenas for witnesses and to administer oaths in all cases before commission or pertaining to his duties, shall pay the debentures of witnesses in all cases before commission in behalf of or for the convenience or safety of public in the investigation of accidents and shall have office in state house. Pub. Stats. 1906, sec. 4595.

O. ATTORNEY

COMMISSION.

Manner of Appointment, Term, Qualifications, Oath, Manner of Removal and of Filling Vacancy, Salary.

Manner of appointment, term of office, qualifications, oath required, manner of removal and of filling vacancy, and salary of attorney or counsel of commission are as follows:

UNITED STATES, CALIFORNIA, FLORIDA, KANSAS, LOUISIANA, MINNESOTA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, OREGON and WISCONSIN-attorney or counsel shall be appointed or employed by commission. U. S.-Act to Regulate Commerce, sec. 16; Cal.-Stats. 1911, 1st ex. sess., ch. 14, sec. 4; Fla.-Laws 1907, ch. 5620, sec. 1; Kan-Laws 1911, ch. 238, sec. 7; La.— Stats. 1910, no. 263, sec. 4; Minn.-Rev. Laws 1905, sec. 1960; N. H.-Laws 1911, ch. 164. sec. 16(c); N. J.-Laws 1911, ch. 195, sec. 5; N. Y.-Laws 1910, ch. 480, sec. 6; N. C.-Pell's Revisal 1908, sec. 1110; N. D.-Rev. Codes 1905, sec. 370; Ore. Gen. Laws 1907, ch. 53, sec. 57. Gen. Laws 1911, ch. 279, sec. 74; Wis.-Laws 1907, ch. 499, sec. 1797m-102(4); ALABAMA-special counsel may be employed by governor. Acts 1907. sp. sess., no. 21, sec. 5; GEORGIA-attorney to commission shall be appointed by goverCode 1911, sec. 2624; INDIANA-counsel appointed by commission, appointment to be in writing and approved by governor. Acts 1907, ch. 241, sec. 2(a); IOWA-commerce counsel shall be appointed by commission subject to approval of two-thirds of senate in executive session. Laws 1911, ch. 94, sec. 1; MARYLAND-general counsel shall be appointed by governor upon recommendation of commission and shall be eligible for reappointment by governor. Laws 1910, ch. 180, sec. 2; MONTANA-special counsel shall be appointed by commission with consent and approval of attorney-general. Rev. Codes 1907, sec. 4383; PENNSYLVANIA-attorney shall be appointed by commission subject to approval of governor. Laws 1907, no. 250, sec. 2.

nor.

CALIFORNIA and NEW YORK-attorney or counsel shall serve during pleasure of commission. Cal-Stats. 1911, 1st ex. sess., ch. 14, sec. 4; N. Y.-Laws 1910, ch. 480,

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sec. 6; GEORGIA, IOWA-term, four years and until successor is appointed and qualified. Ga. Code 1911, sec. 2624; la.-Laws 1911, ch. 94. sec. 1; KANSAS-term two years. Laws 1911, ch. 238, sec. 7; MARYLAND-term six years. Laws 1910, ch. 180, sec. 2. IOWA-Commerce counsel shall be an attorney of Iowa, shall not be in employ of, own stock, bonds or property in any utility or have any pecuniary interest in any utility or business subject to jurisdiction of commission or interstate commerce commission, shall not after entering upon duties acquire any stock or other interest in any utility or business, shall not engage in any other business, vocation or employment, be a member of any political committee, contribute to or take part in any political campaign. Code 1907, sec. 2111. Laws 1911, ch. 94, sec. 1; KANSAS-attorney shall have same qualifications as are required of commissioners and shall be subject to same disqualifications, and shall be sworn to perform faithfully the duties of his office. Laws 1911, ch. 238, sec. 7; MARYLAND—general counsel shall be subject to same disqualifications as commissioners. Laws 1910, ch. 180, sec. 2. GEORGIA-attorney may be removed by governor at any time. Code 1911, sec. 2624; IOWA-commerce counsel may be removed by commission by and with consent of senate during a session of general assembly for malfeasance or nonfeasance in office or for any cause that renders him ineligible for appointment or incapable or unfit to discharge the duties of his office and removal when so made shall be final. Vacancy occurring in office of commerce counsel while general assembly is in session shall be filled by appointment by commission with approval of two-thirds of senate in executive session; if general assembly is not in session vacancy shall be filled by appointment by commission which appointment shall expire thirty days from time the next general assembly convenes. Laws 1911, ch. 94, sec. 1; MARYLAND general counsel may be removed by governor for inefficiency, neglect of duty or misconduct in office. He shall be given a copy of the charges against him and an opportunity of being heard publicly in his own defence upon not less than ten days' notice. Laws 1910, ch. 180, sec. 2.

Salaries: UNITED STATES compensation of attorneys fixed by commission. Act to Regulate Commerce, sec. 18; ALABAMA-salary fixed by agreement between governor and special counsel. Acts 1907, sp. sess., no. 21, sec. 5; CALIFORNIA-salary as fixed by law. Stats. 1911, 1st ex. sess., ch. 14, sec. 10(a); FLORIDA-such compensation as commission deems proper. Laws 1907, ch. 5620, sec. 1; GEORGIA-$2,500. Code 1911, sec. 2624; INDIANA-salary fixed by commission and approved by governor. Acts 1907, ch. 241, sec. 2(a); IOWA-$5,000. Laws 1911, ch. 94, sec. 3; KANSAS-$2,500. Laws 1911, ch. 238, sec. 7; LOUISIANA-not exceeding 25% of all fines and forfeitures collected by him. Const. art. 288, as amended by Stats. 1907, no. 15; MARYLAND-$3,000 and in addition $1,800 paid by city of Baltimore. Laws 1910, ch. 180, sec. 2; MONTANA-compensation of special counsel fixed and determined by state board of examiners. Rev. Codes 1907, sec, 4383; NEW HAMPSHIRE reasonable attorney's fees. Laws 1911, ch. 164, sec. 16(c); NEW JERSEY-fixed by commission. Laws 1911, ch. 195, sec. 5; NEW YORK-$10,000. Laws 1910, ch. 480, sec. 13; NORTH CAROLINA-at compensation to be agreed upon. Pell's Revisal, 1908, sec. 1110; NORTH DAKOTA-at compensation determined by governor. Rev. Codes 1905, sec. 370; OREGON-compensation fixed by commission. Gen. Laws 1907, ch. 53, sec. 57. Gen. Laws 1911, ch. 279, sec. 74: PENNSYLVANIA-$4,000. Laws 1907, no. 250, sec. 23.

2. Attorney General as Attorney of Commission.

UNITED STATES, ALABAMA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, FLORIDA, GEORGIA, ILLINOIS, IOWA, KANSAS, KENTUCKY, LOUISIANA, MASSACHUSETTS,1 MICHIGAN, MINNESOTA, MONTANA, NEVADA, NEW HAMPSHIRE, NEW MEXICO, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, RHODE ISLAND, SOUTH DAKOTA, WASHINGTON, WISCONSIN

Attorney general shall be attorney of commission.2 U. S.-Act 181 to Regulate Commerce, sec. 12; Ala.-Acts 1907, sp. sess., no. 21,

1 Railroad Commission.

FLORIDA-attorney general shall not require other fees than he now receives by law. Gen. Stats. 1906, sec. 2009; LOUISIANA-attorney general shall receive not exceeding 25% of all fines and forfeitures collected by him.-Const., art. 288, as amended by Stats. 1907. no. 15.

sec. 5; Ariz.-Sess. Laws 1912, ch. 90, sec. 4; Ark.—Acts 1907, no. 422, sec. 5; Cal-Stats. 1911, 1st ex. sess., ch. 14, sec. 72; Col.-Laws 1910, sp. sess., ch. 5, sec. 12; Fla.-Gen. Stats. 1906, sec. 2898; Ga.-Code 1911, sec. 2648; Ill.-Revisal 1909, ch. 114, sec. 183; Ia.-Code 1897, sec. 2120(c); Kan.-Gen. Stats. 1909, sec. 7172; Ky.-Carroll's Stats. 1909, sec. 826; La. Const., art. 288, as amended by Stats. 1907, no. 15; Mass.-Acts 1911, ch. 755, sec. 5; Mich.-Pub. Acts 1909, no. 300, sec. 41; Minn. -Rev. Laws 1905, sec. 1960; Mont.-Rev. Codes 1907, sec. 4397; Nev.-Stats. 1911, ch. 162, sec. 24; N. H.-Laws 1911, ch. 164, sec. 16(a); N. M.-Const., art. xi, sec. 4; N. D.-Rev. Codes 1905, sec. 4347; Ohio Code 1910, sec. 577; Okla.-Sess. Laws 1908, ch. 18, art. iii, sec. 9; Ore.-Gen. Laws 1907, ch. 53, sec. 57. Gen. Laws 1911, ch. 279, sec. 74; R. I.—Acts 1912, ch. 795, sec. 31; S. D.-Rev. Pol. Code 1903, sec. 499; Wash.-Laws 1911, ch. 117, sec. 5; Wis.-Laws 1905, ch. 362, sec. 1797-31. Laws 1907, ch. 499, sec. 1797m-102(2).

3. State's Attorney as Attorney of Commission.

UNITED STATES, CALIFORNIA, COLORADO, FLORIDA, ILLINOIS, LOUISIANA, MICHIGAN, MINNESOTA, MONTANA, NORTH DAKOTA, OHIO, OREGON, SOUTH DAKOTA, WISCONSIN State's attorney of county in which suit is instituted, prosecuted or defended by commission shall be attorney of commission in such county.3 U. S.-Act to Regulate Commerce, sec. 12; Cal.-Stais. 1911, 1st ex. sess., ch. 14, sec. 72; Col.-Laws 1910, sp. sess., ch. 5, sec. 12; Fla.-Laws 1907, ch. 182 5620, sec. 1; Ill.—Revisal 1909, ch. 114, sec. 183; La.-Const., art. 288, as amended by Stats. 1907, no. 15; Mich.-Pub. Acts 1909, no. 300, sec. 41, Minn.-Rev. Laws 1905, sec. 1960; Mont.Rev. Codes 1907, sec. 4383; Nev.-Stats. 1911, ch. 162, sec. 24; N. D.-Rev. Codes 1905, sec. 4358; Ohio-Code 1910, sec. 577; Ore. Gen. Laws 1907, ch. 53, sec. 57. Gen. Laws 1911, ch. 279, sec. 74; S. D.-Sess. Laws 1911, ch. 207, sec. 19; Wis.-Laws 1905, ch. 362, sec. 1797-31. Laws 1907, ch. 499, sec. 1797m-102(2).

4. General Duties and Powers of Attorney.

ALABAMA, CALIFORNIA, FLORIDA, KANSAS, MARYLAND, NEW HAMPSHIRE, NEW YORK

Attorney or counsel shall represent commission and people of state in all actions and proceedings, shall prosecute and defend and if so directed shall intervene in actions to which commission may be party, shall advise com183 mission and commissioners and generally shall perform all duties which may be required. Ala.-Acts 1907, sp. sess., no.

Salaries: FLORIDA-state's attorney shall not require other fees than he now receives by law. Gen. Stats. 1906, sec. 2909; LOUISIANA-state's attorney shall receive not exceeding 25 per cent of all fines and forfeitures collected by him. Const., art. 288, as amended by Stats. 1907, no. 15.

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