The annual report of the board to the governor shall contain "such recom- New Jersey. mendations as it shall deem proper," and shall be "laid before the next succeeding Legislature." Laws 1911, c. 195, § 14. "Either commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within the jurisdiction of the commission, if requested to do so by the legislature or by either branch thereof or by the governor or by any such person or corporation, and shall report its conclusions to the legislature. The commission may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest." Laws 1910, c. 480, Pub. Ser. Com. Law, § 16. *** recom "It shall be the duty of the commission to “*** Such board shall also investigate and consider what, *** "The Commission shall make annual reports to the Governor of its proceedings, in which reports it shall recommend, from time to time, such new or additional legislation in reference to its powers or duties, or the creation, supervision, regulation or control of corporations, or to the subject of taxation, as it may deem wise or expedient, or as may be required by law." Const., Art. 9, § 25. The annual report of the commission shall contain: "Third. *** such suggestions as to the general policy of the Commonwealth, or the amendment of its laws in respect to said. companies, or the condition, affairs or conduct of any public service company, as may seem to it appropriate. "Fourth. Drafts of all bills suggested or recommended by it, and the reasons therefor." Laws 1913, No. 854,1 Art. VI, § 48. "The Commissioners shall *** also recommend such legislation as in their judgment may be necessary to secure just and reasonable rates for the transportation of passengers and freights and for the prevention of unjust discrimination." Code 1912, §3152. May apply to legislation affecting telegraph companies, § 3327; and telephone companies, § 3162. New York. North North Oklahoma. Pennsylvania. South For a provision relating to recommendations for railroad legislation, see, Tennessee. Acts 1897, c. 10, § 29. The commission is required to include in its biennial report such sugges- Vermont. tions as to amendments of railroad law, or any new legislation, as it deems appropriate. Pub. Stats. 1906, § 4614. This probably includes legislation affecting telephone and telegraph companies. Laws 1908, No. 116, § 15. A provision identical with that §25) is found in Const., § 156 (i). 'Effective January 1, 1914. quoted under Oklahoma (Const., Art. IX, Virginia. (Va.) District of Alabama. Arizona. California. After January 1, 1905, the general assembly may, upon the recommendation of the commission, amend sub-sections a to i, inclusive of § 156 of the constitution. Same, 156 (1). 30. ENFORCEMENT OF LAW - REPORTING VIOLATIONS, ETC. "That the commission shall have power, after hearing and notice by order in writing, to require and compel every public utility to comply with the provisions of this section, and with all other laws of the United States applicable, and any municipal ordinance or regulation relating to said public utility, and to conform to the duties upon it thereby imposed or by the provisions of its own charter, if any charter has or shall be granted it: Provided, That nothing herein contained shall be held to relieve any public utility, its officers, agents, or servants, from any punishment, fine, forfeiture, or penalty for violation of any such law, ordinance, regulation, or duty imposed by its charter, nor to limit, take away, or restrict the jurisdiction of any court or other authority which now has or which may hereafter have power to impose any such punishment, fine, forfeiture, or penalty." District Appropriation Act, March 4, 1913, § 8, par. 4. "That the commission shall inquire into any neglect or violation of the laws or regulations in force in the District of Columbia by any public utility doing business therein, or by the officers, agents, or employees thereof, or by any 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 section as well as all other laws relating to public utilities." Same, par. 90. The commission shall enforce and require compliance with all laws. Code 1907, § 5651. See, also, § 5644, relating to railroads. §§ 72, 75 of the Arizona law (Laws 1912, c. 90) differ only in unimportant details from the similarly numbered sections of the California law quoted below. It is hereby made the duty of the commission to see that the provisions of the constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected, and to this end it may sue in the name of the people of the State of California. Upon the request of the commission, it shall be the duty of the attorney general or the district attorney of the proper county or city and county to aid in any investigation, hearing or trial had under the provisions of this act, and to institute and prosecute actions or proceedings for the enforcement of the provisions of the constitution and statutes of this state affecting public utilities and for the punishment of all violations thereof.” Stats. 1911, 1st ex. sess., c. 14, § 72. "Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, direction or requirement 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, decision, rule, direction or requirement of the commission, it shall (Cal.) § 57 of the Colorado law is identical with § 72 of the California law, quoted Colorado. above. Laws 1913, c. 127, § 57. § 60 of the Colorado law is practically identical with § 75 of the California law, except that the words "or about to fail or omit," appearing in line 2 of the California law as printed above, do not appear in the Colorado law. Same, § 60. §§ 68, 71 of the Idaho law are practically identical with §§ 72, 75, respectively, Idaho. of the California law, quoted above. Laws 1913, c. 61, §§ 68, 71. "Whenever the commission shall be of the opinion that any public utility is failing or omitting or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction or requirement of the commission, issued or made under authority of this Act, 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, decision, rule, regulation, direction or requirement of the commission, issued or made under authority of this Act, it shall direct the counsel for the commission to commence an action or proceeding in the circuit court, or in any other court of concurrent jurisdiction, in and for the county in which the case or some part thereof arose, or in which the person or corporations complained of, if any, has its principal place of business, or in which the person complained of, if any, resides, in the name of the people of the State of Illinois, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction." (Procedure prescribed.) Laws 1913, p. 459,1 § 75. "It is hereby made the duty of the commission to see that the provisions of the Constitution and statutes of this State affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the State therefor recovered and collected, and to this end it may sue in the name of the people of the State." Same, § 79. "The commission shall inquire into any neglect or violation of the laws of this state or the ordinances of any city or town by any public utility doing business therein, or by the officers, agents or employes thereof or by any 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 public utilities. Any forfeiture or penalty herein provided shall be re'Effective January 1, 1914. Illinois. Indiana. (Ind.) [Maine. Maryland. Massachusetts. Michigan. covered and suit therein shall be brought in the name of the State "The commission shall inquire into any neglect or violation of the laws of the state by any public utility doing business therein, or by the officers, agents or employees thereof or by any 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 and all other laws relating to public utilities, and to report all violations thereof to the attorney general." Procedure prescribed. Laws 1913, c. 129, § 8. 66 (See note p. 3.) *** the commission must make such inquiry in regard to * For provision similar to that quoted under New York (§ 103 below), see Same, § 440. See, also, § 452. The commission shall see that property is operated and maintained in compliance with the provisions of law, franchise and charter. Same, § 453 (4). "If a company engaged in the transmission of intelligence by electricity violates or neglects in any respect to comply with the provisions of any law, said public service commission shall give due notice thereof in writing to such company and to the attorneygeneral, who shall take such proceedings thereon as he may deem expedient." Acts 1906, c. 433, § 6, as am'd 1913, c. 784, § 3. 66 ** * Whenever the commission shall be of opinion that a common carrier subject to its supervision is failing or omitting or about to fail or omit to do anything required of it by law or by 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 the law or of any order of the commission, it shall direct counsel to the commission to begin, subject to the supervision of the attorney-general, an action or proceeding in the supreme judicial court in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions." Acts 1913, c. 784, § 28. "The Michigan Railroad Commission *** shall investigate any alleged neglect or violation of the laws of the State by any person, copartnership or corporation doing a telephone business. within the State, or by the officers, agents or employes thereof." P. A. 1913, No. 206, § 2. A similar provision, prescribing procedure, is made in P. A. 1909, No. 300, $41. "It is the duty of the railroad commission to call for information from railroads and other common carriers from time to time, and to make investigations to determine whether the laws are being complied with on their several parts; and it is its duty to see that all the laws, civil and penal, whether contained in this chapter or not, affecting railroads and other common carriers, are complied with, and to prosecute all offenders." Code 1906, § 4885. See, also, § 4886. §§ 4885, 4886 were re-enacted without material change in Laws 1908, c. 82, 83. "Common carrier " is defined to include telephone and telegraph companies. Const., 186, 195. "The commission may of its own motion investigate or make inquiry in a manner to be determined by it as to any act done or omitted to be done by any telegraph corporation or telephone corporation and the commission shall make such inquiry in regard to any act done or omitted to be done by any telegraph corporation or telephone corporation in violation of any provisions of law or in violation of any order or decision of the commission." Laws 1913, p. 556, § 92. "Whenever the commission shall be of the opinion that a telegraph corporation or telephone corporation is failing or omitting or about to fail or omit to do anything required of it by law or by order, decision, direction or requirement of the commission authorized by this act, 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, decision, direction or requirement of the commission authorized by this act, it shall direct the general counsel to the commission to commence an action or proceeding in any circuit court of the state of Missouri in the name of the state of Missouri for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. The general counsel to the commission shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction." Procedure prescribed. Same, 105. "The Commission shall inquire into any neglect or violation. of the laws of this State by any such Public Utility as hereinbefore defined, doing business therein, or by the officers, agents, or employees thereof, and shall have the power, and it shall be its duty, to enforce the provisions of this Act, and report all violations thereof to the Attorney General; upon the request of the Commission it shall be the duty of the Attorney General or the prosecuting attorney of the proper, or any county, to aid in any investigations, prosecutions, hearing or trial had under the provisions of this Act, and to institute and prosecute all necessary actions or proceedings for the enforcement of this Act." Laws 1913, c. 52, § 24. "Said Commission shall investigate any and all cases of alleged neglect or violations of the laws of the state by any Railway Company, or Common carrier1 subject to the provisions hereof, doing business in this state, or by the officers, agents or employees thereof, 'Defined to include telephone and telegraph companies. Mississippi. Missouri. Montana. Nebraska. |