Laws Each commissioner shall be a resident of commonwealth, shall have been a Pennsylvania. qualified elector for at least a year, and not less than 30 years of age. 1913, No. 854, Art. IV, § 2. No person eligible who occupies any official relation to any public service company doing business in state or who holds or is a candidate for any other appointive or elective office, state or municipal. No commissioner shall hold any office or position or be engaged in any business, employment or vocation incompatible with the duties of his office. Commissioners must not solicit or receive favors from any public service company. Same, § 12. The governor may, with consent of senate, remove any commissioner for inefficiency, neglect of duty or misconduct in office, after giving him an opportunity to be heard. Same, § 15. Must be electors of state. Laws 1912, c. 795, § 3. No person eligible as commissioner or secretary who is officer, attorney, agent or employee of any public utility, or who owns stock or bonds or has any pecuniary interest therein. No member shall hold any other state office. Same, § 4. "Any wilful violation of the provisions of this act, or any misconduct in office or neglect of duty by any commissioner shall constitute sufficient cause for his removal, and said commissioners or any of them may be removed by the governor, for cause shown, with the advice and consent of the senate." Same, § 5. "Said Commissioners *** shall not, jointly or severally, or in any way, be the holders of any railroad stock or bond." Code 1912, 3138. Any male citizen of state, above age of 25 years, shall be eligible. Same, § 3139. Rhode Island. South Each commissioner must be a citizen of United States; a voter in the state; 25 South Dakota. years of age; a resident of the state for two years next preceding election; a resident of the railroad commission district for which he is elected; and must not be owner of stocks or bonds of, be in the employment of, or in any manner pecuniarily interested in, any railroad, public warehouse or elevator. Rev. Pol. Code 1903, § 189. "If any railroad commissioner shall wilfully neglect or refuse to perform the duties imposed upon him in this article he shall be deemed guilty of a misdemeanor, and in addition to the punishment provided by law, such railroad commissioner shall, upon conviction, forfeit his office." Laws 1911, c. 207, § 47. Each commissioner must reside at state capital and devote his entire time and attention to the duties of his office. Laws 1913, c. 310. Commissioners shall be resident citizens and qualified voters not under 25 Tennessee. years of age. No commissioner shall hold any other public office nor engage in any business or occupation inconsistent with his duties. No person owning "bonds, stocks or other property " in any railroad or transportation company, or who is agent or employee, or in any way interested in such company shall be eligible to serve as commissioner Acts 1897, c. 10, § 4. No commissioner shall accept any favor or gratuity from a railroad company under penalty of fine of $1,000 to $5,000 and immediate dismissal from office by judgment of court. Same, § 5. No commissioner shall be in employ of, hold any official relation to, or be engaged in the management of any company subject to supervision of the commission, nor own stock, bonds or other securities of such company. Nor shall any commissioner render any professional service for or against, or make or perform any contract with any such company, except contracts made in regular course of public service, nor shall any commissioner, directly or indirectly, receive from such company any commissions, present, or reward. Laws 1908, No. 116, § 22. "No person while employed by, or holding any office in relation to, any transportation or transmission company, or while in any wise financially interested therein, or while engaged in practicing law, shall hold office as a member of said commission, or perform any of the duties thereof. At least one of the commissioners shall have the qualifications prescribed for judges of the Supreme Court of Appeals; and any commissioner may be impeached or removed in the manner provided for the impeachment or removal of a judge of said court. ** ." Const., § 155; similarly, Code 1904, § 1313a (3,52). The governor may remove any commissioner for inefficiency, neglect of duty or misconduct in office, after an opportunity of being publicly heard. Laws 1911, c. 117, § 2. "No commissioner shall hold any other office under the government of the United States or of this state, or of any county or municipal corporation within this state, nor shall he engage in any occupation or business inconsistent with his duties as such commissioner, nor shall he hold any official relation or be interested in the bonds, stocks, mortgages, securities, contracts or earnings of any public service company embraced within the provisions of this act." Same, § 3. Not more than two shall belong to the same political party. One shall be a lawyer of not less than ten years' actual experience at the bar. "No person while in the employ of or holding any official relation to (a) *** One shall have a general knowledge of railroad law; each of the others shall have a general understanding of matters relating to railroad transportation.' (b) The governor may at any time remove any commissioner for inefficiency, neglect of duty or malfeasance in office. Before such removal he shall give such commissioner a copy of the charges against him and shall fix a time when he can be heard in his own defense, which shall not be less than ten days thereafter, and said hearing shall be open to the public *** "(c) No person so appointed shall be pecuniarily interested in any railroad in this state or elsewhere, and if any such commissioner shall voluntarily become so interested, his office shall ipso facto become vacant; and if he shall become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest; failing so to do, his office shall become vacant." '(d) No commissioner, nor the secretary, shall hold any other office or position of profit, or pursue any other business or vocation, or serve on or under any committee of any political party, but shall devote his entire time to the duties of his office." Stats. 1911, § 1797-1. (Wis.) 7. YEAR IN WHICH COMMISSION WAS GRANTED JURISDICTION OVER TELEPHONE AND TELEGRAPH COMPANIES. 1912.1 Constitution; Laws 1912, c. 90. 1912.1 Constitutional Amendment 1911, Stats. 1911, 1st ex. sess., c. 14. "Limited jurisdiction over telegraph companies in 1894. See Gen. Code 1910, § 611. 'Act passed by the legislature in 1911; referred to the people and approved 1912. Created 1907, effective 1908. "Telegraph companies 1898. 10Created 1902, effective 1903. 1. JURISDICTION-WHAT UTILITIES INCLUDED. Any corporation or any person or persons engaged in the transportation of oil United States. or other commodity, except water and gas by pipe lines, telegraph, telephone and cable companies (wire or wireless), and any common carrier (including express and sleeping-car companies) engaged in the transportation of passengers or property by railroad or by rail and water. § 1, Act to Regulate Commerce as am'd. 66 The term 'public utility' as used in this section shall mean and embrace every street railroad, street railroad corporation, common carrier, gas plant, gas corporation, electric plant, electrical corporation, water power company, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipe line company." "The term 'common carrier' when used in this section includes express companies and every corporation, street railroad corporation, company, association, joint-stock company or association, partnership, and person, their lessees, trustees, or receivers, appointed by any court whatsoever, owning, operating, controlling, or managing any agency or agencies for public use for the conveyance of persons or property within the District of Columbia for hire. Steam railroads, the Washington Terminal Company, and the Norfolk and Washington Steamboat Company and all companies engaged in interstate traffic upon the Potomac River and Chesapeake Bay are excluded from the operation of this section, and are not included in the term common carrier.'' Corporations formed to acquire property or to transact business which would be subject to the provisions of this section, and corporations possessing franchises for any of the purposes contemplated by this section shall be deemed to be subject to the provisions of this section, although no property may have been acquired, business transacted, or franchises exercised." District Appropriation Act, March 4, 1913, § 8, par. 1. District of "Transportation company " is defined to include all corporations, companies Alabama. or individuals that may own, operate, manage or control, as common carriers, any railroad, cars, bridges, terminals or sidetracks; express companies, car companies, sleeping car companies, steamboat or steam packet companies, and also all telegraph and telephone lines operating in more than one city or town. Code 1907, § 5647. But see § 5648: "The provisions of this chapter shall apply to the transportation of passengers and property *** This section raises a question as to the extent of the jurisdiction of the commission over telephone and telegraph companies. "All corporations other than municipal engaged in carrying persons or property for hire; or in furnishing gas, oil, or electricity for light, fuel, or power; or in furnishing water for irrigation, fire protection, or other public purposes; or in furnishing, for profit, hot or cold air or steam for heating or cooling purposes; or in transmitting messages or furnishing public telegraph or telephone service, and all corporations other than municipal, operating as common carriers, shall be deemed public service corporations." Const., Art. XV, § 2. Arizona. |