360

361

Commission is vested with power and jurisdiction to supervise and regulate every public utility and to do all things necessary and convenient in the exercise of such power and jurisdiction. Laws 1907, ch. 499, sec. 1797m-2.

Also a provision for public utilities substantially identical with par. 237. Same, sec. 1797m−37.

2. Authority of Commission to Enter upon the Premises and Examine the Property of Public Utilities, and to Hold Investigations with Regard to the Affairs and General Condition1 Thereof.

UNITED STATES Commission shall investigate any complaint forwarded by the railroad commissioner or railroad commission of any state or territory at the request of such commissioner or commission, and the interstate commerce commission may at any time institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made, to or before commission by any provision of this 362 act, or concerning which any question may arise under any of the provisions of this act, or relating to the enforcement of any of the provisions of this act. Commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this act, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the payment of money. Act to Regulate Commerce, sec. 13.

Commission may by one or more of the commissioners, prosecute any inquiry necessary to its duties, in any part of the United 366 States, into any matter or question of fact pertaining to the business of any common carrier. Same, sec. 19.

363

1 Certain provisions for the special examination of railroad companies are found as follows: ALABAMA Upon the application in writing of a director of or persons owning onefiftieth part of the entire paid-in capital stock of any corporation operating a railroad, or of the bonds or other evidences of indebtedness of such corporation, equal in amount to onefiftieth part of its capital stock, commission shall make an examination into the books and financial condition of such corporation, and may in its discretion, cause the results of its examination to be published in one or more newspapers in this state. Code 1907, sec. 5665. MASSACHUSETTS Upon the application in writing of a director, or of any person or persons who own one-fiftieth part of the paid-in capital stock of a corporation or company which operates a railroad or railway, or who own the bonds or other evidences of indebtedness of such corporation or company equal in amount to one-fiftieth part of its paid-in capital stock, commission shall examine the books and the financial condition of said corporation or company, and shall cause the result of such examination to be published in one or more daily newspapers in the city of Boston. Acts 1906, ch. 463, pt. i, sec. 16.

364

365

SOUTH CAROLINA On the application in writing of a director or of any person or persons owning one-fiftieth part of the entire paid-in capital stock of any corporation operating a railroad, or the bonds or other evidences of indebtedness of such corporation equal in amount to one-fiftieth part of its paid-in capital stock, commission shall make an examination into the books of said corporation. Gen. Stats. 1902, sec. 2080.

ALABAMA Commission or one or more members thereof shall visit the county seat of every county in the state at least once a year, for the purpose of hearing and receiving complaints, and examining and inquiring into and securing information as to the conduct and management of the several railroads in the state, connections with other railroads, and accommodations of passengers, delays and inconveniences by reason of improper connection, the provisions as to depots, switch tracks, sidings, passenger stations, and accommodations required by law. Notice shall be given of the time when such visits will be made by circular letters to the several county officers for at least two weeks before such visit, and also by publication in a newspaper when commission shall so order. Code 1907, sec. 5644.

367

ARIZONA

Commission, and the several members thereof, may inspect and investigate the property, books, papers, business, methods, and affairs of any corporation whose stock shall be offered for sale to the public, and of any public service corporation doing business within the state, and for the purpose of com368 mission and of the several members thereof, shall have the power of a court of general jurisdiction to enforce the attendance of witnesses and the production of evidence by subpœna, attachment, and punishment, which said power shall extend throughout the state. Commission may take testimony under commission or deposition either within or without the state. Const., art. xv, sec. 4.

See also par. 2466.

ARKANSAS

CALIFORNIA

COLORADO

See par. 2563.

See par. 2466.

Commission may by any one or more of the commissioners, prosecute any inquiry necessary to its duties in any part of the state and in any matter or question of fact pertain369 ing to the business of any common carrier, or to violations of this act by shipper, consignee, applicant for cars or agent or either of them, subject to the provisions of this act. Laws 1910, sp. sess., ch. 5, sec. 18.

CONNECTICUT

The commissioners and their employes engaged in the performance of their duties as such may, at all reasonable 370 times, enter any premises, buildings, cars, or other places belong

ing to or controlled by any public service company, and any person obstructing or in any way causing to be obstructed or

hindered any member or employe of commission in the performance of his duties as such shall be fined not more than $200, or imprisoned not more than six months, or both. Pub. Acts 1911, ch. 128, sec. 8.

See also pars. 2566, 2568, 2796.

FLORIDA

GEORGIA

371

See pars. 418, 622, 2798, 3503, 3720.

Commission may through any one or more of its members, at its direction, make personal visitation to the offices and places of business of said companies for the purpose of examination, and commissioner or commissioners may examine the agents and employes of said companies, under oath or otherwise, in order to procure information deemed by the commissioners necessary to their work or of value to the public. Code 1911, sec. 2663:

See also par. 2800.

ILLINOIS

Commission shall examine into conditions and management and all other matters concerning the business of railroads, other common carriers and warehouses so far as the same pertains to the relation of such roads, other common carriers and warehouses to the public and to the accommodation and security of persons doing business therewith and whether such railroad companies, other common carriers and warehouses, their 372 officers, directors, managers, lessees, agents and employes comply with the laws of this state now in force or which shall hereafter be in force concerning them. And whenever it shall come to their knowledge either upon complaint or otherwise or they shall have reason to believe that any such law or laws have been or are being violated they shall prosecute or cause to be prosecuted all corporations or persons guilty of such violation. Revisal 1909, ch. 114, Sec. 177.

Commission may inquire into the business management of all common carriers, their passenger and freight rates, distribution of cars, granting of sidings, location of passenger and freight stations, use of and compensation for cars owned or controlled by them, the relations of such carriers to the public, and of the 373 public and public corporations to common carriers; the interrelation between such common carriers, in so far as any such subject so to be inquired into shall affect or have any bearing upon the transportation of persons or property between points wholly within the state; it may receive complaints from shippers for loss or damage to property in the hands of common carriers and make inquiry as to methods and manner of adjustment of said claims;

374

and commission may make and enforce such orders as will secure the safety and accommodation of persons and property being transported by common carriers and as will prevent unnecessary or unreasonable obstruction to or interfere with the tracks, yards, locomotives and cars of common carriers. Same, sec. 196.

Commission may hear and determine all questions arising under this act, upon giving due notice to all persons, individuals or corporations interested therein, and enter an order in relation thereto. Same, sec. 197.

INDIANA

See also pars. 2805, 3937

Commission shall have authority to inquire

into the management of the business of all common carriers and shall keep itself informed as to the manner and method 375 in which the same is conducted, and shall have the right to

obtain from such carrier full and complete information necessary to enable it to perform the duties and carry out the objects for which it was created. Acts 1907, ch. 241, sec. 17.

IOWA

See also par. 2945.

See par. 2575.

MARYLAND

See par. 2577.

Commission may, of its own motion, investigate or make inquiry in a manner to be determined by it, as to any act or thing done or omitted to be done by any common carrier, railroad, street railroad, railroad or street railroad corpora376 tion, or other corporation, and commission must make such inquiry in regard to any act or thing done or omitted to be done by any such common carrier or corporation in violation of any provision of law, or in violation of any order of commission. Laws 1910, ch. 180, sec. 22.

Commission may examine the books and affairs of any such corporation or person (gas, electric, telephone, and telegraph 377 utilities), and compel the production before it of books and papers pertaining to the affairs being investigated by it. Same, sec. 31, 39.

878

Commission may either through its members or inspectors or employes duly authorized by it, enter in or upon and inspect the property, buildings, plants, factories, power houses and

offices of any telephone and telegraph corporations or persons engaged in such business. Same, sec. 39.

See also pars. 269, 270, 272, 274, 925, 2470, 2472.

MASSACHUSETTS Upon the application of the board of aldermen of a city or the selectmen of a town within which a part of any railroad or railway is located, alleging grounds of complaint, commission shall examine the condition and operation of such railroad or railway; and if, upon the petition in writing of 20 or more legal voters in such city or town to the board of aldermen or selectmen to make such application, they refuse so to do, they shall indorse upon the petition the reason for such refusal, and return it to the petitioners, who may, within ten days thereafter, present it to commission, and it may thereupon make such examination as if called upon by the board of aldermen or selectmen, first giving to the petitioners and to the corporation or company reasonable notice in writing of the time and place of making such examination. If, upon such examination, it appears to commission that the complaint is well founded, it shall so adjudge, and shall in writing inform the corporation or company which operates such railroad of its adjudication. Acts 1906, ch. 463, pt. i, sec. 10.

379

See also pars. 276, 277, 278, 2586, 2587, 2588.

See pars. 287, 935, 2589.

MICHIGAN MINNESOTA One of the commissioners shall visit the stations on the lines of each railroad as often as practicable, giving 20 days' notice in the local newspapers of the time and place of each visit, and personally inquire into the management of such railroad business, and at least once each year shall visit every county having a railroad station, and inquire into the management of such railroad business. For this purpose all common carriers and their officers and employes are required to furnish such commissioner with reasonable and proper facilities. Each commissioner, in his official capacity may pass free on all railroad trains and at all suitable times may enter and remain in the cars, offices, or depots of any railroad company; and whenever, in the judgment of commission, any common carrier fails in any respect to comply with the laws, or any repairs are necessary upon its railroad, or any reasonable addition to or change of its stations, station houses, or transfer facilities, or change in the mode of operating its road or conducting its business, will promote the security or convenience of the public, commission, by a

380