shall be issued for sewer purposes, said bonds shall be 6. Said Board of Sewer Commissioners shall, on or before a certain day in each year, to be fixed by said board, cause an estimate to be made of the moneys required to be raised by said municipality by taxation for sewer purposes, if any, and submit said estimate, together with a detailed account of the data on which said estimate is based, to the Board of Aldermen, Council or other legislative body of such city. Annual esti mate of moneys re quired. 7. All moneys received as the proceeds of the sale Proceeds of of bonds shall be paid to and deposited with the city bonds. treasurer or other custodian of the public funds of said. city. missioners. 8. Said Board of Sewer Commissioners shall receive Compensation of comfor their services such compensation as may be provided for in and by such ordinance as shall authorize their appointment; and the salary of no commissioner shall be increased or diminished during his term of office. 9. This act shall not apply to any city already having Exceptions. a Board of Sewer Commissioners. 10. This act shall take effect immeditately. Approved May 15, 1907. Railroad commission. Terms of commission ers. Vacancies. Salary. Organization. Secretary, inspectors, etc. No interest in railroads, or hold other office. CHAPTER 197. An Act to create a Board of Railroad Commissioners for the State of New Jersey, and to prescribe its powers and duties. Be it enacted by the Senate and General Assembly of the State of New Jersey: 1. The Governor, with the advice and consent of the Senate, shall appoint three persons, citizens of this State, not under thirty years of age, who shall constitute and be a Board of Railroad Commissioners, invested with the powers and duties hereinafter specified. The terms of office of the commissioners first appointed under this act shall commence on the first day of May, anno domini one thousand nine hundred and seven; one of said commissioners shall be appointed for the term of two years, one for the term of four years and one for the term of six years, and at the expiration of their respective terms a successor shall be appointed for the term of six years. That all vacancies caused by death, resignation or otherwise, except expiration of term, shall be filled for the unexpired term only. The members of said board shall each receive an annual compensation of five thousand dollars, to be paid in equal monthly payments by the Treasurer of the State. 2. The said board shall organize by the election of a president and shall appoint a secretary, at a salary not exceeding three thousand dollars per annum, two inspectors (one of whom shall be a civil engineer skilled in railroad affairs, and the other a mechanical or electrical expert), and such other clerical and expert help as may be necessary, and fix their duties, compensations and terms of service. No member or employe of said board shall have any official relations with, or hold any stock in, any railroad corporation operating within the State of New Jersey, nor shall he hold any office under the government of the United States or any other salaried office under the government of this State. All salaries shall be paid in equal monthly payments by the Treasurer of the State. board. The board shall have an office in the State House, in Office of the city of Trenton, and shall meet at such times and places within the State as it may provide by rule or otherwise, and shall be provided with all necessary furniture, stationery, maps and office appliances. The said board shall make all needful rules for its government and other proceedings not inconsistent with the provisions of this act and shall have and adopt a common seal. The total expenses of the board, including salaries, shall not exceed thirty thousand dollars per annum. 3. The secretary shall keep full and correct minutes of all of the transactions and proceedings of said board, and perform such other duties as may be required of him by said board. Limit to expenses. Duties of secretary. 4. The commissioners and secretary, and other em- Traveling ployes of said board, shall be entitled to receive from the expenses. State of New Jersey their necessary traveling expenses while traveling on the business of said board, which shall be paid on proper voucher therefor, approved by the president of said board. 5. Said board shall have general supervision of all railroads operating within the State of New Jersey, by whatever power operated, its equipment, bridges, terminals, tunnels, tracks, docks and wharves, whether said railroad is incorporated by special charter or under the general laws of this State, or of any other State, now or hereafter operating under the provisions of an act entitled "A general act relating to railroads (Revision of 1903)," approved April fourteenth, one thousand nine hundred and three. 6. Said board shall have power to compel the attendance of witnesses and the production of tariffs, contracts, papers, books, accounts and all other documents, and the president of said board shall have the power to administer oaths to all witnesses who may be called before said board, In case of disobedience to a subpoena, the commission may invoke the aid of a justice of the Supreme Court in General super vision of all railroads. Witnesses, records, etc. production of Compel atwitnesses, etc. tendance of Contumacy punished as contempt of court. Action by board in case of accident. Cost of investigation. Duties of board. requiring the attendance and testimony of witnesses, and the production of books, papers and documents under the provisions of this section. Any justice of the Supreme Court may, in case of contumacy or refusal to obey a subpoena, issued to any railroad subject to the provisions of this act, or other person, grant an order requiring such railroad, or other person, to appear before said commission (and produce books and papers if so ordered), and give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof. 7. Every railroad shall, whenever an accident, attended with or without loss of human life, occurs within this State upon its line of railroad, or upon the depot grounds or yards, give immediate notice thereof to said board. In the event of any such accident the said board, if it be deemed the public interests require it, shall cause an investigation to be made forthwith, which investigation shall be held in the locality of the accident, unless for the greater convenience for those concerned it shall order such investigation to be held at some other place, and said investigation may be adjourned from place to place, as may be found necessary and convenient. The said board shall notify an officer or station agent of said railroad of the time and place of the investigation at least five days before such investigation shall take place. The cost of such investigation shall be ascertained by the chairman of the said board, and the said cost shall be paid out of the funds appropriated to said board. 8. Said board shall keep informed of the condition and operation of all railroads contemplated by this act; shall investigate accidents, hear and examine complaints touching railroad service, rates, discriminations, car service, terminal facilities and applications for switch connections with a private siding, changes of stations, crossings, abolition of grade crossings and all other matters of railroad operation. Said board shall make such Recommenda- recommendations as it may see fit to any railroad company from time to time, touching the improvement of its service or for any other purpose contemplated by this tions. report. act, and shall also report annually, on or before the first Annual day of January, to the Governor, which report shall be laid before the next Legislature, making such recommendations as it may from time to time deem proper, and said board shall, on request, make report to the Interstate Commerce Commission. It shall be the duty Regulations of said board to see that the laws of this State regulating said railroad companies are observed and enforced, and it may cause action to be brought against any railroad company violating any of the laws of this State for the specified penalty, through the Attorney-General, who Attorneyshall in all things be the adviser and legal counsel of sel to board. said board. enforced. general coun Complaints. Proceedings failure of in case of Said board shall have power to hear complaints, examine, and make orders concerning, the safety of trackage, roadbeds, tunnels, bridges and equipment of any railroad operating in this State and shall also have power to make all necessary orders requiring any railroad company operating in this State to furnish proper and adequate transportation facilities and stations, in accordance with the judgment of said board, for the proper transportation of passengers and property. Said Orders. board shall also have authority upon such matters to make and issue such orders to any railroad company as in the judgment of said board shall be reasonable and just, which said orders said railroad company shall comply with. Upon failure to do so said board shall report the failure to comply with said orders and all such violations, with the facts in their possession, to the Attorney-General, and it shall then be his duty, within. thirty days, to institute proper proceedings to enforce the order or orders of said commission, to recover suitable penalties or damages, or to institute proceedings in equity, mandamus, injunction, receivership proceedings or other civil remedies. If any railroad company or Railroad other party at interest be dissatisfied with any such order of said board rendered after hearing and examination as aforesaid, such dissatisfied party or company may file a petition setting forth the particular cause or causes of objection to such order in the Supreme Court against said board as defendant; said action shall have pre railroads to obey. may appeal. |
