leading railroad and public service commissions of the country. The attorney made a careful study of the statutes, and of the actual work done by ten of the leading railroad and public service commissions of the country, and on his return, the proposed Public Utilities Act was prepared by the attorney, the president of the Commission, and several other attorneys including members of the state legislature. The bill was introduced on November 28, 1911, at a special session of the legislature by Lester G. Burnett, in the Senate, and W. A. Sutherland, in the Assembly. It was passed by the legislature and was approved by Governor Johnson, December 23, 1911, to become effective March 23, 1912. The Public Utilities Act as then enacted defined public utilities to include corporations or persons which own, control, operate or maintain railroads; street railroads; express companies; sleeping, dining, freight and other car companies; vessels regularly engaged in transportation over regular routes between points within this state; pipe lines; gas plants; electric plants; telegraph lines; water systems; public wharves; and warehouses used in connection with the transportation of property by a common carrier or vessel, or the loading or unloading of the same. The Railroad Commission was given power to regulate and control all the public utilities of the state, except that the incorporated cities. and towns of the state, including the city and county of San Francisco, retained the powers over public utilities which they had on March 23, 1912, with the privilege, however, of voting those powers to the Railroad Commission. The powers of the Railroad Commission over public utilities were very broad, including jurisdiction over rates, service, equipment, facilities and finances. The act prescribed a simple and effective procedure before the Commission, and in the courts, on review of the Commission's acts, and specified adequate penalties for its violation. HEWITT ELECTIONS ACT. The legislature of 1911 in special session also passed what is known as the Hewitt Elections Act, approved January 2, 1912, providing for the method by which the electors of incorporated cities and towns may, if they so desire, vote to confer upon the Railroad Commission the powers of such incorporated cities or towns to regulate public utilities within their corporate limits. This power was voted to the Commission by 58 cities in the state, and in those cities the Commission exercised jurisdiction over rates, but elsewhere the Commission had power over public utilities outside municipalities only. PUBLIC UTILITIES ACT REVISED. On November 3, 1914, section 23 of article XII of the constitution was amended so as to provide, in effect, that the legislature should have the power to confer upon the Railroad Commission jurisdiction over all the rates of all public utilities in the state, in incorporated cities and towns as well as in unincorporated territory. The authority thus conferred was exercised by the legislature when it passed the revised Public Utilities Act (enacted April 23, 1915, and effective August 8, 1915). The Hewitt Elections Act was likewise revised to meet the changed conditions (Stats. 1915, p. 1273). The Railroad Commission's jurisdiction over public utilities, under the Public Utilities Act, as now in effect, is very extensive. In all unin corporated territory and in all incorporated cities and towns, with the exceptions hereinafter specified, the Railroad Commission now has complete jurisdiction over public utilities, with the exception of the usual local police powers and the initial granting of public utility franchises in certain cities or towns. In cities which have special freeholders' charters, the Railroad Commission has complete jurisdiction over public utilities (other than as to the usual local police powers and the initial granting of public utility franchises in certain cities or towns) except to the extent that such cities (not having relinquished their powers to the Railroad Commission) have been granted in their charters special powers over public utilities, which powers are in conflict with the powers conferred on the Railroad Commission. However, even in cities having freeholders' charters, the Railroad Commission now has complete jurisdiction over all public utility rates. MOTOR CARRIERS INCLUded. In 1917 the legislature brought motor busses and freight carrying trucks under the jurisdiction of the Commission, and it was empowered to grant such carriers certificates of public convenience and necessity, and to regulate the rates and service. In 1919 jurisdiction of the Commission was extended to cover food warehouses. CONSTITUTIONAL AND STATUTORY POWERS. In addition to the Public Utilities Act as it now stands, the following statutes confer powers and duties upon the Commission: Chapter 80, Laws of 1913-Regulation of water companies. Chapter 49, Laws of 1911, as amended by Chapter 168, Laws of 1913, and Chapter 501, Laws of 1915-Size of railroad train crews. Chapter 284, Laws of 1913-Locomotive headlights. Chapters 285, 286 and 327, Laws of 1913-Oil pipe lines. Chapter 557, Laws of 1913-Construction of wharves, chutes and piers. Chapter 494, Laws of 1915-Train dispatching by telephone. Chapter 499, Laws of 1915-Water glasses on steam locomotives. Chapter 600, Laws of 1915-Construction of electric transmission and distribution systems to promote safety. Chapter 667, Laws of 1915-Reports by public utilities rendering hospital service to employees for compensation. Chapter 120, Laws of 1917-Amending section 50 of the Public Utilities Act by providing that electric railroads and telegraph companies shall secure certificates of public convenience and necessity and that the Commission shall have power to issue orders directing that public utilities shall hold construction work in statu quo pending investigation as to the necessity for securing a certificate of public convenience and necessity. Chapter 176, Laws of 1917-Amending sections 47 and 70 of the Public Utilities Act by providing a more effective procedure for the determination by the Commission of the just compensation to be paid by public authorities for the property of public utilities in eminent domain proceedings. Chapter 191, Laws of 1917-Permitting mutual water companies and during the emergency created by the war, without thereby becoming public utilities; reports to be made to the Commission. Chapter 201, Laws of 1917-Defining the respective jurisdictions of the Commission and the Industrial Accident Commission with reference to the safety of the employees of public utilities. Chapter 209, Laws of 1917-Amending section 43 of the Public Utilities. Act so as to make more effective the jurisdiction of the Commission over railroad crossings and giving to the Commission power to determine and apportion the expenses of separating railroad grade crossings and the damages to adjacent property, and to determine the just compensation to be paid for property taken or damaged in connection therewith. Chapter 213, Laws of 1917-Providing for the regulation by the Commission of the owners and operators of all automobiles, jitney busses, auto trucks, stages and auto stages operated in the transportation of persons or property as common carriers for compensation over any public highway in this state between fixed termini or over a regular route and not operating exclusively within the limits of an incorporated city or town. Chapter 575, Laws of 1917-Providing that the Commission shall enforce the provisions of Chapter 500, Laws of 1911, referring to the construction of subways, manholes, chambers or underground rooms, encasing electric wires or cables. Chapter 707, Laws of 1917-Extending the jurisdiction of the Commission to so-called irregular water carriers operating vessels of specified carrying capacity on the inland waters of California. Chapter 713, Laws of 1917-Referring to the issue by public utility corporations of capital stock without par value when and as permitted by the Commission. Chapter 784, Laws of 1917-Requiring that railroad corporations operating by means of steam locomotives shall install automatic bell ringing apparatus in their locomotives within one year or within such additional time as may be prescribed by the Commission. Chapter 215, Laws of 1919-Defining food commodities and food warehousemen, declaring food warehousemen to be public utilities and subject to control and regulation by the Railroad Commission as specifically provided. Chapter 304, Laws of 1919-Amending sections 2, 17 and 46 of the Public Utilities Act, declaring heat corporations to be public utilities and giving the Commission jurisdiction over rates and regulations. Chapter 840, Laws of 1921-Adding section 6a to Chapter 213, Statutes of 1917, regulating auto stage companies, giving the Commission authority to require transportation companies to file under oath monthly, periodical or special reports; section 6b, relating to passes. Chapter 280, Laws of 1919-Amending Chapter 213, Statutes of 1917, giving the Commission jurisdiction over the rates, service and securities of automobile transportation companies and exclusive control over their routes, dispensing with the requirement of operators securing permits from counties and municipalities. Chapter 396, Laws of 1921-Making it the duty of steam railroad companies operating within the state to provide first medical aid to injured passengers, employees or other persons and requiring employees to report after the use of medical supplies required to be furnished under the provisions of the act. Chapter 900, Laws of 1921-Requiring railroad companies to provide and equip certain engine cabs with handrails and footboards for the safety and protection of railroad employees. Chapter 902, Laws of 1921-Requiring railroad companies to provide safe clearance between engines and tenders by cutting an opening in the overhanging roof of engine cab permitting enginemen to safely go from the cab of engine to the top of tender. Chapter 172, Laws of 1923-Amending section 1 of Chapter 80, Laws of 1913 (Regulation of Water Companies), excepting from the jurisdiction of the Railroad Commission certain sales of water during emergency water shortage periods, or sales merely as a matter of accommodation, but preserving the Commission's jurisdiction to determine matters of fact under such amendment. Chapter 310, Laws of 1923-Amending section 5 of Chapter 213, Laws of 1917 (Auto Stage and Truck Transportation Act), providing for a fee of fifty dollars ($50) to accompany applications for certificates of public convenience and necessity and for the sale or lease of automobile stage or truck operative rights, and excepting from the jurisdiction of the Railroad Commission the movement of products of husbandry from or to farms under certain conditions. Chapter 387, Laws of 1923-Amending section 50 of the Public Utilities Act by providing that vessels operating on inland waters shall procure certificates of public convenience and necessity from the Railroad Commission, and that, pending a decision, the Commission may order cessation of the operation in question. Chapter 388, Laws of 1923-Amending section 32 of the Public Utilities Act by giving the Commission power to determine the just and sufficient rates where two or more common carriers are operating in competition, and to prescribe uniform rates and charges to be collected by all such carriers. Chapters 284, Laws of 1913; 499, Laws of 1915; 784, Laws of 1917; 900 and 902, Laws of 1921, all contain provisions relative to safety devices and appliances on locomotives. The amendment to the federal enactment known as the "Boiler Inspection Act" (36 Statutes at large, p. 913) as adopted by congress on March 4, 1915 (38 Statutes at large, p. 119), has extended the jurisdiction of the Interstate Commerce Commission not only to locomotive boilers but also to the entire locomotive and tender and all parts and appurtenances thereof. The federal enactment places exclusive jurisdiction with the Interstate Commerce Commission of all regulation and supervision of locomotives used by common carriers engaged in interstate commerce. DEPARTMENTS OF THE COMMISSION. The work of the Commission is divided into eight departments, as follows: Secretary's department, having charge of general administration, docket and process, issuance of subpoenas, and all process of Commission correspondence, purchasing, finance and accounting, general office secretary there are eighteen employees in this department and the Recorder, having charge of publication, library, statistics and annual report. This division consists of the recorder and one stenographer. Legal department, consisting of an attorney, one assistant attorney, two full time examiners, and two stenographers. (Several department heads are designated as examiners in addition to their other duties). Reporting department, which makes a record of the proceedings in all formal hearings. It consists of one official reporter, three assistant reporters, two transcribers and one clerk. Department of Finance and Accounts, which has charge of all accounting records, and in addition gives technical advice to the Commission in all matters relating to the issuance of stocks, bonds and securities. It consists of one financial expert, one chief accountant, two accountants, four clerks and two stenographers. Rate department, has charge of the rates, both passenger and freight, on steam and electric railroads, express lines, on automobile lines, and the rates of wharves, and cold storage plants and warehouses. It consists of one rate expert, two assistant rate experts, two rate clerks and two stenographers. Service department, having charge of the regulation of freight and passenger service on steam and electric railroads and charged with the investigation of accidents. This department consists of one service expert, and one assistant inspector. Engineering department, under a chief engineer. The engineering department is divided into five divisions as follows: Transportation division, steam and electric, street railroads, vessels and pipe lines, service and valuation. It is in charge of a transportation engineer, three assistant engineers and one draughtsman. Hydraulic division, having charge of water supply, irrigation, service, rates and valuation. It consists of one hydraulic engineer and seven assistant engineers, one clerk and one stenographer. Gas and electric division, dealing with gas, electricity and steam heat and is in charge of the gas and electric engineer, and employs seven assistant engineers, one clerk and two stenographers. Telephone and telegraph division, consisting of one telephone and telegraph engineer, two assistant engineers and one stenographer. General staff section has charge of general valuation and special work and consists of one valuation engineer, four assistant engineers, one clerk and four stenographers. Automobile department, has charge of automotive transportation matters and consists of chief of department, assistant chief and one stenographer. |