Indiana. Kansas. Louisiana. [Maine. Michigan. Missouri. Montana. Nebraska. Nevada. New Jersey. New Mexico. Ohio. Oklahoma. "The commission or any party may, in any investigation, cause the depositions of witnesses residing without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts." Acts 1913, c. 76, § 67. "*** That the board shall in all cases have the right, in its The commission has power "to take testimony under commission, *** as fully as is provided by law for the district courts." Const., Art. 284 The commission or any party may, in any formal public hearing, use the deposition of witnesses residing within or outside the state; such depositions to be taken in the manner prescribed by law for taking depositions in civil actions in the supreme judicial court." Laws 1913, c. 129, § 51. (See note p. 3.) "The commission or any party may, in any investigation, cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts." P. A. 1909, No. 300, § 23 (c). § 109 of the Missouri law contains a provision practically identical with that "*** testimony may be taken by deposition as in suits at law.” Depositions of witnesses residing within or without the state may be taken in the manner prescribed for depositions in civil actions in district courts. Rev. Laws 1912, § 4561 (b). "The board may, in any investigation or hearing, by its order in writing, cause the depositions of witnesses residing within or without the State to be taken in such manner as it may, by rule, prescribe." Laws 1911, c. 195, § 28. The testimony of any witness may be taken by deposition as in civil cases. Laws 1912, c. 78, § 6. Depositions of witnesses residing within or without the state may be taken as in civil actions. Gen. Code 1910, § 533; Laws 1913, p. 804, § 20 [499-7]. The commission is authorized, upon application of either party to a cause, or upon its own motion, to have depositions taken, under such rules and regulations as it may prescribe. Rev. Laws 1910, § 1203. Any examiner or agent shall have the same powers as a notary public with Oregon. regard to the taking of depositions. Laws 1911, c. 279, § 39. § 49 of the Oregon law is practically identical with § 23 (c) of the Michigan law, quoted above. Same, § 49. The testimony of any aged, infirm, going, or non-resident witness may be taken before any commissioner, at any time or place, upon not less than forty-eight hours' notice, or before any notary public or other person authorized to administer an oath, as may be provided by the laws of this Commonwealth, or by any general or special rule of the commission." Laws 1913, No. 854,1 Art. VI, § 5. "Provided, the Commission shall, in all cases, have a right in its discretion to issue proper process and take depositions instead of compelling personal attendance of witnesses." Acts 1897, c. 10, § 10. "The commission shall have the right to take the testimony of any witness by deposition, and for that purpose the attendance of witnesses and the production of books, way bills, documents, papers and accounts may be enforced in the same manner as in the case of hearings before the commission, or any member thereof. * * * Laws 1911, c. 117, § 76. "In the discharge of his duties such agent shall have * "The commission or any party may, in any investigation, cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts." Same, §§ 1797m-55, 1797-13 (b). Pennsylvania. Tennessee. Washington. Wisconsin. 14. SUBSTANTIAL COMPLIANCE WITH STATUTE SUFFICIENT TO MAKE ORDERS VALID. "*** A substantial compliance with the requirements of this section shall be sufficient to give effect to all the rules, orders, acts, and regulations of the commission, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature. in respect thereto. ***." District Appropriation Act, March 4, 1913, § 8, par. 92. "A substantial compliance by the railroad commission with the requirements of this chapter shall be sufficient to give effect to all rules, orders, acts, and regulations of the commission. And they shall not be declared inoperative, illegal, or void for any omission of a technical nature, in respect thereto." Code 1907, § 5718. "A substantial compliance with the requirements of this Act shall be sufficient to give effect to all the acts, orders, decisions, rules 'Effective January 1, 1914. District of Alabama. Illinois. (III.) Indiana. Kansas. [Maine. Maryland. Michigan. Missouri. Nevada. Ohio. Oregon. Rhode Wisconsin. United and regulations of the commission, and they shall not be declared in- § 125 of the Indiana law contains a provision practically identical with that quoted above from par. 92 of the District of Columbia law. Acts 1913, c. 76, § 125. "*** A substantial compliance with the requirements of this act shall be sufficient to give effect to all determinations and orders made and established by the board." Gen. Stats. 1909, § 7176. "A substantial compliance with the requirements of this act (See note p. 3.) *** "" A provision practically identical with that quoted above from the District. of Columbia law is found in Ann. Code 1911, Art. 23, § 463. A provision similar to that in District of Columbia, except that “orders” are not included, appears in P. A. 1909, No. 300, § 45. § 127 of the Missouri law contains a provision practically identical with that quoted above from par. 92 of the District of Columbia law, with the following added: "The provisions of this act shall be liberally construed with a view to the public welfare, efficient facilities and substantial justice between patrons and public utilites." Laws 1913, p. 556, § 127. A provision practically identical with that in District of Columbia is found in Rev. Laws 1912, § 4581. A provision similar to that in Alabama is found in Gen. Code 1910, § 581. § 75 of the Oregon law is practically identical with § 127 of the Missouri law. Laws 1911, c. 279, § 75. A provision practically identical with that in District of Columbia is found in Laws 1912, c. 795, § 58. A provision practically identical with that quoted above from the District of Columbia law is found in Stats. 1911, §§ 1797m-103, 1797-33. 15. COUNSEL FOR COMMISSION. The commission may employ such attorneys as it finds necessary for proper legal aid and service of the commission or its members in the conduct of their work The various district attorneys, under the direction of the attorney general are required to prosecute for the recovery of penalties. § 16, Act to Regulate Commerce, as am'd. 'Effective January 1, 1914. The attorney general shall have charge of the interests of the government (U.S.) in all proceedings in the commerce court and on appeal therefrom, and he may employ special counsel. § 5, Act to Create a Commerce Court, etc., June 18, 1910. The commerce court was abolished and its jurisdiction transferred to the district courts, by Appropriation Act approved October 22, 1913. The commission may call upon any district attorney of the United States, the corporation counsel of the District of Columbia, or any counsel of the commission to enforce the provisions of the commission law. District Appropriation Act, March 4, 1913, § 8, par. 35. The corporation counsel of the District of Columbia shall be the general counsel of the commission and shall receive, in addition to his other compensation, $1,000 per annum. His duties are prescribed in detail. Special counsel may be employed if deemed necessary by the commission. Same, par. 92. District of It shall be the duty of the attorney-general to represent the commission in Alabama. all proceedings by or against it. The governor is authorized to employ special counsel to assist, and to contract for reasonable compensation. Code 1907, § 5723, as am'd Acts 1907, Special Sess., No. 21. The attorney-general shall be the attorney of the commission. Duties pre- Arizona. scribed. Laws 1912, c. 90, § 4. Upon the request of the commission it shall be the duty of the attorneygeneral or the county attorney of the proper county to assist in any investigation, etc. Same, § 72. The commission is authorized to appoint an attorney who shall hold office California. during its pleasure and shall perform all duties required of him. Stats. 1911, 1st ex. sess., c. 14, § 4. The attorney-general or district attorney of any county shall, on request, assist the commission in the enforcement of any law. Same, § 72. [ The commission is authorized, with the approval of the governor to appoint Colorado. an attorney to hold office during its pleasure. Laws 1913, c. 127, § 7. The attorney-general or district attorney of any county shall, on request, assist the commission in the enforcement of any law. Same, § 57. The attorney-general shall appear for and represent the commission in all Connecticut. proceedings had upon any appeal. P. A. 1911, c. 128, § 30. Actions to enforce rate orders shall be prosecuted by the attorney-general, Florida. state attorney, or special counsel employed by the commissioners. Gen. Stats. 1906, § 2909. In all work devolving upon the commissioners they shall receive, upon application, the services of the attorney-general, or special counsel may be employed by him or by the commissioners. Same, § 2925. Special counsel may be employed by the commissioners. Laws 1907, c. 5620. Georgia. Idaho. Illinois. Indiana. Kansas. Louisiana. The governor is authorized to appoint an attorney for the railroad commission for the term of four years, at a salary of $2,500. Code 1910, § 2624. The attorney-general shall act as counsel to the commission. Laws 1913, c. 61, § 4. County attorneys shall also assist the commission when requested. Same, § 68. "The commission shall appoint as counsel to the commission an attorney-at-law of the State of Illinois, who shall hold office at the pleasure of the commission. The counsel to the commission shall have power subject to the approval of the commission to appoint and at pleasure remove attorneys-at-law to assist him in the performance of his duties." Laws 1913, p. 459,1 § 2. Salary $6,000. Same, § 5. "The governor shall appoint a general counsel for the commission who shall also serve as counsel to the governor. The term of office of such counsel shall be four (4) years and he may be removed by the governor for cause. The general counsel shall advise the commission in legal matters arising in the discharge of their duties and shall represent the commission in all suits to which the commission may be a party. "The attorney-general shall give legal aid to the general counsel whenever requested by the governor or the commission. The general counsel shall have the right to call upon the prosecuting attorney of any county or the legal officers of any city to assist in the prosecution of any case in which the commission may be interested and it shall be the duty of the prosecuting attorney or any legal officer of the city to give such assistance as may be required by the commission, under the direction of the general counsel. The commission may employ other counsel to represent the commission in any case to which the commission may be a party whenever the interests of the public may require such employment." Acts 1913, c. 76, §3. The commission is authorized to appoint an attorney as its counsel. Term, two years. Salary, $2,500. Laws 1911, c. 238, § 7. See, also, Gen. Stats. 1909, § 7182. The attorney general, upon request, shall advise and assist the commission. Gen. Stats. 1909, § 7172. The attorney general and various district attorneys shall aid the commission, for which they shall receive not exceeding 25% of all fines collected by them. The commission may employ other attorneys in lieu of such officers, on like terms. Const., Art. 288, as am'd 1908. One of the two assistant attorneys-general provided for by constitutional amendment adopted November, 1910 (see Acts 1910, No. 136), "shall be assigned to the cases of the Railroad Commission, and shall attend the sessions of the Railroad Commission and assist parties complainant before the Commission." Acts 1910, No. 263. 'Effective January 1, 1914. |