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L. 1910, ch. 480 Commissions and Offices Abolished; Repeals §§ 125-127

§ 125. Pending actions and proceedings. This chapter shall not affect pending actions or proceedings, civil or criminal, brought by or against the board of railroad commissioners or the commission of gas and electricity, or the board of rapid transit railroad commissioners, but the same may be prosecuted or defended in the name of the public service commission, provided the subject-matter thereof is within the statutory jurisdiction of such commission. Any investigation, examination or proceeding undertaken, commenced or instituted by the said boards or commission or either of them prior to July first, nineteen hundred and seven, may be conducted and continued to a final determination by the proper public service commission in the same manner, under the same terms and conditions, and with the same effect as though such boards or commission had not been abolished.

This section was derived from L. 1907, ch. 429, § 85. It was renumbered section 125 by L. 1910, ch. 673, § 4.

Power as to grade crossing matters pending before railroad commissioners. The public service commission has full power and jurisdiction to do whatever the former board of railroad commissioners might have done under the grade crossing provisions of the Railroad Law, even if the matter was pending and undetermined before the railroad commissioners when the jurisdiction of that board was transferred to the public service commission. People v. Public Service Commission, (1909) 130 App. Div. 335, 114 N. Y. S. 636, appeal dismissed (1909) 195 N. Y. 562, 88 N. E. 1128.

§ 126. Construction. Wherever the terms board of railroad commissioners, or commission of gas and electricity or inspector of gas meters or board of rapid transit railroad commissioners occur in any law, contract or document or whenever in any law, contract or document reference is made to such boards, commission or inspector, such terms or reference shall be deemed to refer to and include the public service commissions as established by this chapter, so far as such law, contract or document pertains to matters which are within the jurisdiction of the said public service commissions.

This section was derived from L. 1907, ch. 429, § 86. It was renumbered section 126 by L. 1910, ch. 673, § 4.

Cited. This section was cited in Matter of Buffalo Frontier Terminal R. Co., (1909) 131 App. Div. 503, 115 N. Y. S. 483.

§ 127. Repeal. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. All other acts and parts of acts otherwise in conflict with this act are hereby repealed.

This section was derived from L. 1907, ch. 429, § 87. It was renumbered section 127 by L. 1910, ch. 673, § 4.

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INDEX TO PUBLIC SERVICE COMMISSIONS LAW

Accidents

[References are to sections]

investigation of railroad accidents
by public service commission, § 47
notice of railroad accident to be
given to commission, § 47
Accounting, see Carriers; Light, heat
and power companies; Railroads;
Steam; Street railroads

Actions -

penalties and forfeitures, recovery
of, § 24

preference on calendar, § 21
Advertising in payment of passenger
transportation, § 33 (3)

Animals, stockyards as within juris-
diction of commissions, § 5 (8)
Baggage companies -

definition, § 2 (9 a)

loss of baggage, liability, § 38
receipts to be issued, § 38
valuation by owner, § 38
Bills of lading-

duty to carrier to issue, § 38
limitation of liability, § 38

Board of railroad commissioners abol-
ished, § 120

Boards abolished, see Commissions
abolished

Bonds, see Light, heat and power com-
panies; Railroads; Steam com-
panies; Street railroads
Breaking bulk by carriers, § 39
Carriers (see also Baggage companies;

Discrimination and preferences;
Powers and duties of commission
as to carriers; Railroads; Street
railroads)

adequate service to be furnished,
$ 26

advertising in payment of passen-
ger transportation, § 33 (3)
agreements fixing rates, filing with
commission, § 29 (2)
agreements fixing rates, names of
parties, § 30 (1)

annual report to public service com-
mission, § 46

baggage company defined, § 2 (9 a)
bill of lading for goods shipped,
duty to issue, § 38

bills of lading, limitation of liabil-
ity, § 38

breaking bulk to prevent continu-

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connecting lines, combinations to
prevent continuous carriage, § 39
connecting lines, discrimination
against. § 35

connecting lines, duty to receive
goods for transportation, § 35
continuous carriage, combinations
to prevent, § 39

damage or loss to property in tran-
sit, valuation as measure of lia-
bility. § 39

damage to property in transit, lia-
bility. § 38

discrimination prohibited, § 31
discrimination against connecting
lines prohibited, § 35
drawbacks ́prohibited, § 31

employees entitled to reduced rates,
who are, § 33 (3)

excursion tickets, § 33 (3)

facilities in transportation, prefer-
ences prohibited, § 33 (1)
false billing, classification,
$ 34

etc.,

false weighing as mode of prefer-
ence, $ 34

families of employees entitled to re-

duced transportation, § 33 (3)
family commutation, § 33 (3)
fares for employees of other com-
panies, reduced rates, § 33 (3)
fares, rates to be charged as fixed
by schedules, § 33 (1)
forfeitures for disobeying orders of
commission, § 56 (1)

free passes for employees, agents,
etc., § 33 (2)

free passes regulated, § 33 (2)
free passes to commissioners, etc.,
prohibited, § 15

free passes to employees of other
companies, § 33 (3)

half fare tickets for children, § 33
(3)

interchange of cars, power to regu-
late, § 35

interstate transportation as within
scope of law, § 25
investigation of transactions by

commission, § 48

joint tariffs, concurrence in, § 30
jurisdiction over carriers other than
railroads and street railroads,
§ 5 (1 d)

limitation of liability by bill of
lading, § 38

Carriers Continued

Index to Law

[References are to sections]

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rates and charges, publication of
schedules, § 28

rates and charges, regulation by
commission, § 49
rebates prohibited, § 33 (1)
receipts for goods shipped, § 38
routing of shipments by shippers,
$ 41

safe service to be furnished, § 26
schedules, transportation prohib-
ited until publication, § 33 (1)
school tickets, § 33 (3)
servants, regulation by commission,
8 49

service to be safe and adequate,
§ 26

shipper's right to route shipments,
§ 41

special rates prohibited, § 31

tariff schedules, notice of change,
$ 29

tariff schedules, publication, § 28
terminal facilities, use by other
companies, § 35
transportation

prohibited until
publication of schedules, § 33 (1)
transportation within state as with-
in scope of law, § 25

Cars, see Railroads; Street railroads
Certified copies of papers -

admissibility in evidence, § 17
fees charged by commissions, § 18
seal, fee for affixing, § 18

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carriers, jurisdiction over § 5 (1 d)
eligibility, § 9

oath, power to administer, § 80 (9)
powers, § 11
Commissions (see also First District;
Investigations; Officers and ein-
ployees of commissions; Powers
and duties of commission as to
carriers; Second district) —
actions to enforce obedience to or-
ders, § 57

acts prohibited to commissioners,
§ 15

annual report, fee for certified copy,
§ 18

annual report to legislature, § 16
appointment of commissioners, § 4
attendance of witnesses, § 19
books and records of light, heat and
power company, examination,
§ 66 (9)

chairman designated by governor,
§ 4

charges against commissioner, fil-
ing, § 4

commissioner authorized to conduct
hearings, § 11

commissioner defined, § 2 (2)
corporations formed for public util-
ities but not doing business,
jurisdiction over, § 5 (7)
counsel, appointment, § 6
definition, § 2 (1)

disobedience of orders, penalties
and forfeitures, § 56
duties, § 5

electricity, jurisdiction over manu-
facture and distribution, § 5
(1 e)

entry on premises of light, heat
and power companies, § 66 (8)
establishment, § 4

evidence before, technical rules not
applicable, § 20

fees charged and collected by, § 18
free passes to commissioners pro-
hibited, § 15

gas manufacture and distribution,
jurisdiction over, § 5 (1 e)
governor to appoint members by
and with advice and consent of
senate § 4

hearing on proceedings to remove
commissioner, § 4

hours of business, § 10 (2)

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of commissioner, § 4
injunction to enforce obedience,
§ 57

interstate traffic, duties as to, § 59
investigations at instance of legis-
lature or governor, § 16 (2)
jurisdiction, § 5

majority stockholder as subject to
jurisdiction, § 5 (4)

mandamus to enforce obedience,
§ 57

meetings at least once a month,
§ 10 (1)

members of commission, number,
8 4

misconduct as ground for removal

of commissioner, § 4

neglect of duty as ground for re-

moval of commissioners, § 4
notice of proceedings for removal
of commissioner, § 4
number of members, § 4

oath of office of commissioners, § 9
oaths, power to administer, § 66
(11)

office, location, § 10

office supplies and equipment, § 10
(1)

office to be open every day of the
year, § 10 (2)

orders, enforcement, § 56
payment of salaries and expenses,
$ 14
powers, § 5

powers, division between districts,
§ 5 (3)

practice before commission, § 20
promise of benefits to commission-
ers prohibited, § 15
railroads exclusively within dis-

trict, jurisdiction, § 5 (1a)
rapid transit commissioners, suc-
cession to powers of, § 5 (2)
removal of commissioners, § 4
reports, § 16

residence of commissioners, § 4
rules of practice, § 20

salaries of commissioners, § 13
seal, § 10 (1)

side track and switch connections,

power to order, § 27

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commission of gas and electricity,
§ 121

pending actions and proceedings,
§ 125

railroad commissioners, § 120
rapid transit commissioners, § 123
references to abolished boards and

commissions, construction, § 126
transfer of records, § 124
Common carriers (see also Carriers)
definition, § 2 (9)

Commutation passenger tickets, § 33
(3)

Connecting carriers, see Carriers
Corporations

-

baggage company defined, § 2 (9 a)
commencement of business not
essential to jurisdiction of com-
mission, § 5 (7)

definition of corporation § 2 (3)
electrical corporation defined, § 2
(13)

gas corporation defined, § 2 (11)
penalties for violating law, § 58
railroad corporation defined, § 2
(8)

street railroad corporation defined,
§ 2 (7)

telegraph corporation defined, § 2
(19)

telephone corporation defined, § 2
(17)

Counsel to commission

acts prohibited to counsel, § 15
appointment and tenure, § 6
duties, § 12

employment of assistant counsel,
stenographers and process serv-
ers, § 6

free passes to secretary prohibited,
$ 15

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