Commission Regulation of Public Utilities

J. AUTHORITY TO ENGAGE IN ANOTHER BUSINESS OR TO HOLD ANOTHER POLITICAL OFFICE.

UNITED STATES, ALABAMA, ARKANSAS, COLORADO, GEORGIA, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, MARYLAND, MASSACHUSETTS, MINNESOTA, MONTANA, NEBRASKA, NEVADA,2 NEW HAMPSHIRE, NEW JERSEY, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, RHODE ISLAND, TENNESSEE, TEXAS, VERMONT, WASHINGTON, WISCONSIN1 No commissioner, officer or employe of commission shall engage in any other business, employment or vocation or hold any other political office. U. S.-Act to Regulate Commerce, sec. 11; Ala.-Code 1907, sec. 5646; Ark.-Kirby's Digest 1904, sec. 6790, Col.-Laws 1910, sp. sess., ch. 5, sec. II; Ga.-Code 1911, sec. 2620; Ill.-Revisal 1909, ch. 114, sec. 168; Ind. Acts 1907, ch. 241, sec. 1(b); Ia.-Code 1897, sec. 2111 Kan-Laws 1911, ch. 238, sec. 8; Ky.-Const., sec. 209; Md.Laws 1910, ch. 180, sec. 7; Mass.-Rev. Laws 1902, ch. 121, secs. 1 (as amended by Acts 1907, ch. 316), 2. Acts 1906, ch. 433, sec. 1. Acts 1906, eh. 463, pt. i, sec. 1; Minn.-Rev. Laws 1905, sec. 1955; Mont. Rev. Codes 1907, sec. 4363; Neb.-Cobbey's Annot. Stats. 1909, sec. 10649; Nev.-Stats. 1907, ch. 44, sec. 1(n), as amended by Stats. 1911, ch. 193; N. H.-Laws 1911, ch. 164, sec. 2(d), N. J.-Laws 1911, ch. 195, sec. 9, Ohio Code 1910, sec. 489; Okla.-Const., art. ix, sec. 16; Ore.-Gen. Laws 1907, ch. 53, sec. 2, as amended by Gen. Laws 1911, ch. 279, sec. 79; Pa.-Laws 1907, no. 250, sec. 4; R. I.-Acts 1912, ch. 795, sec. 4; Tenn. Acts 1897, ch. 10, sec. 4; Tex.-Sayles' Civ. Stats. 1897, art. 4561(2); Vt.-Pub. Stats. 1906, sec. 4593, as amended by Laws 1908, no. 116, sec. 22; Wash.-Laws 1911, ch. 117, sec. 3; Wis.-Laws 1907, ch. 582, sec. 1797-1(d).

113

K. OFFICE HOURS AND ATTENDANCE OF MEMBERS.

ARIZONA, CALIFORNIA

Office of commission shall always be open, legal holidays and non-judicial days excepted. Ariz.-Sess. 114 Laws, ch. 90, sec. 8(a), Cal.-Stats. 1911, 1st ex. sess., ch. 14, sec. 8(a).

1 This provision no longer applies to the board of gas and electric light commissioners. 2 These limitations and restrictions shall not apply to the second associate commissioner, but no commissioner shall be a member of any political convention, or a member of any committee of any political party. Stats. 1907, ch. 44, sec. 1(e), as amended by Stats. 1911, ch. 193.

3 Commissioners may hold the office of justice of the peace or notary public. Laws 1911, ch. 164, sec. 4.

4 Each commissioner shall devote his entire time to duties of his office.

CONNECTICUT

115 usual business hours. Pub. Acts 1911, ch. 128, sec. 6.

GEORGIA

Commission shall keep office open during

Chairman of commission shall give his entire

116 time to duties. Code 1911, sec. 2622.

MARYLAND

Office shall be open between 8 A.M. and 9 P.M. throughout year and one or more responsible persons designated 117 by commission or by secretary under direction of commission shall be on duty at all times in immediate charge thereof. Laws 1910, ch. 180, sec. 4.

MASSACHUSETTS Each highway commissioner shall devote his 118 entire time to the duties of his office. Rev. Laws 1902, ch. 47,

sec. I.

MICHIGAN

Commission shall arrange so far as possible so that at all times during business hours at least some one mem119 ber shall be in attendance at office every business day in year Pub. Acts 1909, no. 300, sec. 2(a).

Each commissioner shall devote to his duties all the time 120 necessary to insure prompt and complete performance of official duties. Same.

MINNESOTA

Each commissioner shall devote his entire 121 time to the duties of his office. Rev. Laws 1905, sec. 1956, as amended by Laws 1911, ch. 140.

MISSISSIPPI

Commission shall keep office open every day

122 from 9 A.M. to 4 P.M. Code 1906, sec. 4828.

MONTANA

Office shall always be open during business, 123 hours, legal holidays and non-judicial days excepted. Rev. Codes 1907, sec. 4365.

NEW YORK

For each commission identical with par. 117 124 except that hours are between 8 A.M. and II P.M. Laws 1910,

ch. 480, sec. 10(2).

NORTH CAROLINA Office shall be open at all times and each member shall remain in office at least fifteen days in each month un125 less detained therefrom on official business. Pell's Revisal 1908, sec. 1061.

OHIO

Each commissioner shall devote his entire

126 time to the duties of his office. Code 1910, sec. 489.

RHODE ISLAND

Office shall be open each day of year except 127 Sundays and legal holidays and during such hours as commission may deem necessary. Acts 1912, ch. 795, sec. 7.

VIRGINIA

Commission shall keep office open on every

128 day except Sundays and legal holidays. Const., sec. 155.

WASHINGTON

Commission shall at all times be open and in

129 session for the transaction of business. Laws 1911, ch. 117, sec. 6.

ALABAMA, ARKANSAS, GEORGIA, MAINE, MASSACHUSETTS, MISSOURI, MONTANA, NEW JERSEY, NORTH CAROLINA, NORTH DAKOTA, OHIO, PENNSYLVANIA, RHODE ISLAND, TENNESSEE

Statutes direct and limit the amount of expenses which may be incurred for various purposes as follows: Ala. Code 1907, sec. 5640; Ark.-Kirby's Digest 1904, sec. 130 6789; Ga.-Acts 1907, no. 223, sec. 15; Me.-Rev. Stats. 1903, ch. 51, sec. 48, as amended by Pub. Laws 1909, ch. 141; Mass.Acts 1906, ch. 433, sec. 2. Acts 1906, ch. 463, pt. i, sec. 2; Mo.Rev. Stats. 1909, sec. 3262; Mont. Rev. Codes 1907, sec. 4370; N. J.-Laws 1911, ch. 195, sec. 12; N. C.-Pell's Revisal 1908, sec. 1118; N. D.-Rev. Codes 1905, sec. 367. Laws 1909, ch. 216, sec. 2; Ohio-Laws 1911, no. 325, sec. 88; Pa.-Laws 1907, no. 250, sec. 24; R. I.-Acts 1912, ch. 795, sec. 4; Tenn.-Acts 1897, ch. 10, sec. 3, as amended by Acts 1907, ch. 390, sec. 1.

The statutes require that the commission shall be provided with various facilities and articles of equipment in detail and authorize specified expenses to be incurred by commission. Items of equipment, facilities and expenses are specified variously as follows: (a) Equipment and Facilities Office, office supplies, office furniture, stationery, incidentals, postage, expressage, light and heat, telephone and telegraph, additional office help, instruments, apparatus, appliances, books, maps, charts, literature, statistics; (b) ExpensesPrinting, litigation, proceedings, investigations, witness fees, processes, inspections, transportation of commissioners, officers and employes.

M. PROVISION OF FUNDS FOR

ARIZONA

COMMISSION 1

All fees collected shall be paid into state 131 treasury to credit of general fund. Sess. Laws 1912, ch. 90,

CALIFORNIA

All fees collected shall be paid into state 132 treasury to credit of fund known as "railroad commission fund." Stats. 1911, 1st ex. sess., ch. 14, sec. 57.

See also par. 2495.

FLORIDA

On recovery of any fine or penalty expenses of litigation and proceedings may be paid out of money so recovered 133 and the balance shall be put to credit of commission by state treasurer to meet any of its expenses. Commission may suspend, reduce or remit any fine or penalty imposed on such terms and conditions as may be fixed by it. Gen. Stats. 1906, sec. 2909.

INDIANA

All funds collected by secretary for copies, 184 transcripts and other sources shall be paid into state treasury. Acts 1907, ch. 241, sec. 16.

KENTUCKY

Each railroad shall bear the portion of traveling expenses incurred by commissioners for transportation over 135 its lines and shall pay same to auditor to be covered into treasury in lieu of written or printed authority entitling commissioners to be transported. Carroll's Stats. 1909, sec. 822.

LOUISIANA

Const.,

After deducting attorney's fees and costs in 136 suits, fines collected shall be paid into state treasury. art. 288, as amended by Stats. 1907, no. 15.

MAINE In all cases heard before commissioners expenses and costs attending same, including compensation of commissioners, shall be paid by corporation against which complaint is made if prayer of petitioners is granted; if prayer is 187 denied such expenses, costs and compensation shall be paid by petitioners. If a party against whom costs are so adjudged refuses or neglects to pay them within thirty days after such adjudication execution may issue therefor. Rev. Stats. 1903, ch. 51, sec. 64.1

Every railroad shall pay to state treasurer in addition to all other taxes its proportional part of salary of clerks and salaries 138 and expenses of commissioners to be determined by state assessor according to gross transportation receipts of such railroad. Rev. Stats. 1903, ch. 8, sec. 30.2

MARYLAND

City of Baltimore shall pay salaries and compensations provided and prescribed to be paid by it. Sum of $75,000 annually or so much thereof as may be necessary an139 nually is appropriated for maintenance of commission and payment of all salaries of commission and for investigations and hearings and all its necessary and incidental expenses. Laws 1910, ch. 180, secs. 2, 5.

All fees charged and collected by commission shall belong to 140 state and become part of general funds, provided, however, that one-fourth of all such fees charged and collected as aforesaid shall be paid to the city of Baltimore. Same, sec. 8.

Books

Commission Regulation of Public Utilities: A Compilation and Analysis of ...