Arizona. California. [Colorado. Connecticut. Idaho. Illinois. Indiana. Kansas. [Maine. Nevada. New Jersey, § 74 (a) of the Arizona law (Laws 1912, c. 90) is identical with § 74 (a) of the California law, quoted below. "This act shall not have the effect to release or waive any right of action by the state, the commission, or any person or corporation for any right, penalty or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this state." Stats. 1911, 1st ex. sess., c. 14, § 74 (a). § 59 (a) of the Colorado law is identical with § 74 (a) of the California law, quoted above. Laws 1913, c. 127, § 59 (a). (See note p. 3.) Nothing in this act shall be construed to authorize the commission to interfere in any manner with contracts between public service companies and their employes." P. A. 1911, c. 128, § 36. 1 § 70 (a) of the Idaho law is practically identical with § 74 (a) of the California law, quoted above. Laws 1913, c. 61, § 70 (a). "This Act shall not have the effect to release or waive any right of action by the State, the commission, or by any body politic, municipal corporation, person or corporation for any right or penalty which may have arisen or accrued or may hereafter arise or accrue under any law of this State." Laws 1913, p. 459,1 § 74. "This act shall not have the effect to release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may have arisen or which may hereafter arise, under any law of this state; ***." Acts 1913, c. 76, § 126. "The rights and remedies given by this act shall be construed as cumulative of all other laws in force in this state relating to *** public utilities, and shall not repeal any other remedies or rights now existing in this state for the enforcement of the duties and obligations of public utilities *** or the rights of the Public Utilities Commission to regulate and control the same except where inconsistent with the provisions of this act." Laws 1911, c. 238, § 40. ***This act shall not have the effect to release or waive any right of action by the state or by any person for any right, penalty or forfeiture which may have arisen or which may hereafter arise under any law of this state." Laws 1913, c. 129, § 68. (See note p. 3.) "This act shall not have the effect to release or waive any right *** "This act shall not have the effect to release or waive any right of action by the board or by any person for any right, penalty or forfeiture which may have arisen or which may arise, under any of the laws of this State, and any penalty or forfeiture enforceable under this act shall not be a bar to or affect a recovery for a right, or affect or bar any indictment against any public utility as herein defined, or person or persons operating such public utility, its officers, directors, agents or employes.' Laws 1911, c. 195, § 37. 'Effective January 1, 1914. Nothing in this article shall be construed to stop or hinder any persons or corporations from bringing suit against any railroad company for any violation of any of the laws of this state or of the United States for the government or railroads, except as hereinafter provided." Rev. Codes 1905, § 4325. "Nothing in this article contained shall in any way abridge or alter the remedies now existing in law or in equity, but the provisions of this article are in addition to such remedies. *** Same, $ 4379. North Dakota. A provision similar to that quoted under Virginia is found in Const., Oklahoma. Art. 9, § 24. This Act shall not have the effect to release or waive any right of action by the State or by any municipality thereof or by any person for any right, penalty or forfeiture which may have arisen or which may hereafter arise under any law of this State or under any law or ordinance of any municipality thereof; ***. The duties and liabilities of public utilities shall be the same as at common law and the remedies against them the same, except where otherwise provided by the Constitution or statutes of this State, and the provisions of this Act are cumulative thereto." Laws 1911, c. 279, § 76. "Every public service company shall be entitled to the full enjoyment and exercise of all and every the rights, powers, and privileges which it lawfully possesses, or might possess, at the time of the passage of this act, except as herein otherwise expressly provided. "The several duties, rights, powers, and limitations of rights and powers of public service companies, as enumerated in article two and this article three, respectively, or contained in any of the provisions of this act; or the performance, exercise, or enforcement thereof by, or in favor of, or against, any public service company, shall, in every proper case, be subject to section twelve of article sixteen, sections one and four of article seventeen of the Constitution of the Commonwealth, and to any other applicable provisions of the Constitution of the Commonwealth or of the United States." Laws 1913, No. 854,1 Art. III, § 12. Except as herein otherwise expressly provided, none of the powers or duties conferred or imposed by this act upon the commission, and none of the orders, regulations, rules, or certificates made or issued by the commission, and none of the duties, powers, or limitations of the powers, conferred or imposed by this act upon public service companies, or the performance or exercise thereof, shall be construed in anywise to abridge or impair any of the obligations, duties, or liabilities of any public service company in equity or under the existing common or statutory law of the Commonwealth; but all such obligations, duties, and liabilities shall be and remain as heretofore. And, except as herein otherwise provided, nothing in this act contained shall in any way abridge or alter the existing rights of action or remedies in equity or under the common or statutory law of the Commonwealth, it being the intention that the provisions of this act shall be cumulative, and in addition to such rights of action and remedies." Same, Art. V, § 29. 'Effective January 1, 1914. Oregon. Pennsylvania. (Pa.) South South Virginia. Washington. Wisconsin. "If any public service company shall do or cause to be done any act, matter, or thing prohibited or declared to be unlawful by this act, or shall refuse, neglect, or omit to do any act, matter, or thing enjoined or required to be done by this act, such public service company shall be liable to the person or corporation injured thereby in the full amount of damages sustained in consequence thereof: Provided, That the liability of public service companies for negligence, as heretofore established by statute or by common law, shall not be held or construed to be altered or repealed by any of the provisions of this act: ***" Same, Art. VI, § 40. "No request or advice of the Railroad Commissioners shall have the effect to impair, in any manner or degree, the legal duties and obligations of any railroad corporation or its liability for the consequence of its acts, or of the neglect or mismanagement of any of its agents or servants." Code 1912, § 3151. May apply to telegraph companies, § 3327; and to telephone companies, § 3162. "*** Nothing in this section shall be construed as relieving any common carrier from its present responsibility or liability for damage to person or property." Laws 1911, c. 207, § 2. "The right of any person to institute and prosecute in the ordinary courts of justice, any action, suit or motion against any transportation or transmission company, for any claim or cause of action against such company, shall not be extinguished or impaired, by reason of any fine or other penalty which the commission may impose, or be authorized to impose, upon such company because of its breach of any public duty, or because of its failure to comply with any order or requirement of the commission; but, in no such proceeding by any person against such corporation, nor in any collateral proceeding, shall the reasonableness, justness or validity of any rate, charge, classification of traffic, rule, regulation or requirement, theretofore prescribed by the commission, within the scope of its authority, and then in force, be questioned: *** Const., § 156 (h). See, also, Code 1904, § 1294b (20). "This act shall not have the effect to release or waive any right of action by the state or any person for any right, penalty or fo1feiture which may have arisen or may hereafter arise under any law of this state; * * * Laws 1911, c. 117, § 104. Provision similar to that in Washington is found in Stats. 1911, §§ 1797m-104, 1797-34. United 8. POWERS OF SINGLE COMMISSIONER OR AGENT OF COM MISSION. "*** No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission." § 11, Act to Regulate Commerce, as am'd. "*** Either of the members of the commission may administer oaths and affirmations and sign subpoenas." Same, § 17. “*** It may, by one or more of the commissioners, prosecute any inquiry necessary to its duties, in any part of the United States, into any matter or question of fact pertaining to the busi (U. S.) ness of any common carrier subject to the provisions of this act." In connection with the valuation of property the commission may appoint examiners who shall have power to administer oaths, examine witnesses, and take testimony. The duly authorized agents of the commission shall have access to books, premises, etc. Same, § 19a, added by Act of March 1, 1913. (Quoted on p. 201.) “*** and it may employ special agents or examiners, who shall have authority under the order of the commission to inspect and examine any and all accounts, records, and memoranda kept by such carriers. * * * "And to carry out and give effect to the provisions of said acts, or any of them, the commission is hereby authorized to employ special agents or examiners who shall have power to administer oaths, examine witnesses and receive evidence." Same, § 20. "*** The agents, accountants, or examiners employed by the commission shall have authority, under the direction of the commission, to inspect and examine any and all books, accounts, papers, records, and memoranda kept by such public utilities." District Appropriation Act, March 4, 1913, § 8, par. 15. "*** The commission, its agents, experts, or examiners, shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided for in this section, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor." Same, par. 23. "That the commission or any commissioner or any person or persons employed by the commission for that purpose shall, upon demand, have the right to inspect the books, accounts, papers, records, and memoranda of any public utility, and to examine, under oath, any officer, agent, or employce of such public utility in relation to its business and affairs. Any person other than one of said commissioners who shall make such demand shall produce his authority to make such inspection or examination." Same, par. 34. "That for the purpose of making any investigation with regard to any public utility the commission shall have power to appoint, by an order in writing, an agent, whose duties shall be prescribed in such order. In the discharge of his duties such agent shall have every power whatsoever of an inquisitorial nature granted in this section to the commission and shall have power to administer oaths and take depositions. The commission may conduct any number of such investigations contemporaneously through different agents, and may delegate to such agent or agents the taking of all testimony bearing upon any investigation or hearing. The decision of the commission shall be based upon its examination of all testimony and records. The recommendations made by such agents shall be advisory only, and shall not preclude the taking of further testimony, if the commission so order, nor further investigation." Same, par. 36. District of (D. C.) Alabama. Arizona. "That each of the commissioners and every agent provided for in paragraph thirty-six of this section, for the purposes mentioned in this section, shall have power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. ***" Same, par. 48. "***A majority of said commissioners shall constitute a quorum to do business, and any vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the commission. Any investigation, inquiry, or hearing within the powers of the commission may be made or held by any commissioner, whose acts and orders, when approved by the commission, shall be deemed to be the order of the commission. *** Same, par. 97. Any commissioner or duly authorized employee shall have the right to examine books and papers and examine under oath any officer, agent or employee of a transportation company. Any person other than a commissioner who shall make such demand, shall produce his authority. Code 1907, § 5661. Each commissioner has power to administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and the production of books, papers, etc. Same, § 5672. See, also, Acts 1907, Sp. Sess., No. 17, §3, probably not applicable to telephone and telegraph companies. * * * The several commissioners shall have power "to inspect and investigate the property, books, papers, business, methods, and affairs of any public service corporation doing business within the State," and shall have "the power of a court of general jurisdiction to enforce the attendance of witnesses and the production of evidence by subpoena, attachment, and punishment." Const., Art. XV, § 4. The secretary shall have power to carry weapons, make arrests and serve warrants, etc. Laws 1912, c. 90, § 5. Any investigation, inquiry or hearing may be undertaken or held by or before any commissioner designated therefor, and a finding, order or decision made by such commissioner shall, when approved and confirmed by the commission, be the finding, order or decision of the commission. Same, § 9. The commissioners and their officers and employees may enter premises to make examinations, etc. Same, § 46 (b). §§ 54, 55, 58 of the Arizona law (Laws 1912, c. 90) differ only in unimportant details of phraseology from the similarly numbered sections of the California law quoted or referred to below. 'Defined to include telephone and telegraph companies. § 5647. |