for the term of two years, and which shall serve for the term of four years, and which shall serve for the term of six years, as aforesaid, and also which shall be the chairman of the commission. Upon the expiration of each of said terms, the term of office of each commissioner thereafter appointed shall be six years from the time of his appointment and qualification and until his successor shall qualify. Vacancies in said commission shall be filled by the governor for the unexpired term. (Laws 1913, p. 561.) For matters relating to: Eligibility, see Sec. 10. Sec. 5. Commissioners, removal of. The governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving to him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel, in his own defense, upon not less than ten days' notice. If such commissioner shall be removed, the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and his findings thereon, together with a complete record of the proceedings. The legislature also shall have the power, by a two-thirds vote of all members elected to each house, after ten days' notice in writing of the charges and a public hearing, to remove any one or more of said commissioners from office for dereliction of duty, or corruption, or incompetency. (Laws 1916, p. 561.) For matters relating to: Certain acts prohibited, see Sec. 17. Sec. 6. Counsel to the commission.-The governor shall appoint an attorney-at-law, who shall possess the same qualifications as judges of the supreme court of this state, to be and act as the general counsel to said public service commission. The term of office of said general counsel shall be six years from the beginning of his term of office. His term of office shall begin on the date of the taking effect of this act, and his appointment shall be made and announced by the governor immediately after the taking effect of this act. The governor may remove said general counsel for inefficiency, neglect of duty or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in his own defense, upon not less than ten days' notice. The governor may, if at any time he deems it necessary, authorize and empower the general counsel to employ assistants to said general counsel for the performance of such extraordinary legal services for or in behalf of the public service commission at such special compensation for such additional assistants as the general counsel, with the approval of the governor, may ascertain and prescribe. (Laws 1913, p. 562.) For matters relating to: Eligitability, see Sec. 10. Certain acts prohibited, see Sec. 17. Sec. 7. Counsel to commission; duties. It shall be the duty of the general counsel for the commission to represent and appear for the commission in all actions and proceedings involving any question under this or any other act, or under or in reference to any act, order, decision or proceeding of the commission, and if directed to do so by the commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence and prosecute in the name of the state all actions and proceedings authorized by law and directed or authorized by the commission, and to expedite, in every way possible, to final determination all such actions and proceedings; to advise the commission, and each commissioner, when so requested, in regard to all matters in connection with the powers and duties of the commission and the members thereof, and generally to perform all duties and services as attorney and counsel to the commission which the commission may reasonably require of him. (Laws 1913, p. 562.) For matters relating to: Summary proceedings against common carriers, see Sec. 64. Summary proceedings against electric, gas and water utilities, see Sec. 84. Sec. 8. Secretary to the commission; duties. The commission may appoint a secretary who shall serve during the pleasure of the commission. It shall be the duty of the secretary to keep a full and true record of all the proceedings of the commission, of all books, maps, documents and papers ordered filed by the commission, and of all orders made by each of the commissioners, and of all orders made by the commission or approved and confirmed by it and ordered filed, and he shall be responsible to it for the safe custody and preservation of all such documents at its office. Under the direction of the commission the secretary shall have general charge of its office, superintend its clerical business and perform such other duties as the commission may prescribe. He shall have power and authority to administer oaths in all parts of the state, so far as the exercise of such authority is properly incidental to the performance of his duties or that of the commission. The secretary shall designate from time to time one of the clerks appointed by the commission to perform the duties of secretary during his absence, and during such time the clerk so designated shall, at the office, possess the powers of the secretary of the commission. (Laws 1913, p. 562.) For matters relating to: Eligibility, see Sec. 10. Certain acts prohibited, see Secs. 17. Sec. 9. Additional officers and employees. The commission shall have power to employ, during its pleasure, such clerks, stenographers, rate experts, agents, special agents, examiners, engineers, accountants, auditors, inspectors, experts and other employees as it may deem to be necessary to carry out the provisions of this and other acts, or to perform the duties and exercise the powers conferred by law upon the commission. (Laws 1913, p. 563.) For matters relating to: Eligibility, see Sec. 10. Certain acts prohibited, see Sec. 17. Sec. 10. Oath of office; eligibility of commissioner and officers. Each commissioner and each person appointed to office or employment by the governor or by the commission shall, before entering upon the duties of his office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of such office. No person shall be eligible to appointment or shall hold the office of commissioner, or be appointed by the commission, or hold any office or position under the commission, who holds any official relation to any common carrier, railroad corporation, street railroad corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, heat and refrigerating corporation, transportation of freight or property company, or other public service or public utility corporation or person subject to any of the provisions of this act, or who owns stocks or bonds therein, or who has any pecuniary interest therein. (Laws 1913, p. 563.) For matters relating to: Quallifications of commissioners, see Sec. 4. Sec. 11. Office of commission; meetings; official seal; stationery, et cetera.-1. The principal office of the commission shall be at the state capitol at the city of Jefferson City, where the commissioners shall reside during their respective terms of office. Said office shall be provided and assigned by the commission of permanent seat of government. The commission shall at all times, except Sundays and legal holidays, be open and in session for the transaction of business and the commissioners shall devote their entire time to the duties of their office. The commission shall have an official seal bearing the following inscription: "Public service commission of the state of Missouri." The seal shall be affixed to all writs and authentications. of copies of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of said seal. The commission may sue and be sued in its official name. The offices of said commission shall be supplied with all necessary books, maps, charts, stationery, office furniture, telephone and telegraph connections, and all other necessary appliances and incidentals, to be paid for in the same manner as other expenses authorized by this act. (Laws 1913, p. 563.) Individual Commissioners are entitled to receive from the Secretary of State one copy of the revised statutes (256 Mo. 669, 165 S. W. 703) and session laws (Ibid.), but the Secretary of State is not required to furnish the stationery, etc., for the Commission (Ibid.). 2. The offices of said commission shall be open during business hours on all days except Sundays and legal holidays, and one or more responsible persons, designated by the commission or by the secretary, under the direction of the commission, shall be on duty at all times, in immediate charge thereof. (Laws 1913, p. 564.) Sec. 12. Organization of commission; quorum; powers of a commissioner.-The commission shall promptly and duly organize. A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty or for the exercise of any power of the commission, and may hold meetings of the commission at any time or place within the state. Any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, hearings. and decisions of a commissioner shall be and be deemed to be the investigations, inquiries, hearings and decisions of the commission, and every order and decision made by a commissioner, when approved and confirmed by the commission and ordered filed in its office, shall be and be deemed to be the order of the commission. (Laws 1913, p. 564.) For matters relating to: Effect of vacancies, see Sec. 13. Exercise of Commission's powers by others, see Sec. 119. Individual Commissioners may hold sessions (256 Mo. 669, 165 S. W. 703). Sec. 13. Chairman.-The chairman of the commission shall designate from time to time, by order entered of record, some member of the commission to act as chairman during the absence or sickness of such chairman appointed by the governor, and during such time the commissioner so appointed shall possess all the powers of the regular chairman. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. (Laws 1913, p. 564.) For matters relating to: Designation of Chairman by Governor, see Sec. 4. Sec. 14. Salaries and expenses.-The annual salary of each commissioner shall be five thousand, five hundred dollars. The annual salary of the general counsel to the commission shall be four thousand, five hundred dollars. The annual salary of the secretary to the commission shall be three thousand, six hundred dollars. All rate experts, engineers, accountants and experts appointed by the commission, and all persons appointed by the general counsel to the commission, shall receive the compensation fixed by the commission; but no clerk, agent, special agent, examiner, auditor, inspector or other employee of the commission shall receive a salary or compensation exceeding one hundred and fifty dollars per month, and no stenographer employed by the commission shall receive a salary or compensation exceeding one hundred dollars per month. The commissioners, the general counsel to the commission, the secretary, their clerks, stenographers, rate experts, agents, special agents, examiners, engineers, accountants, auditors, inspectors, experts and other employees, shall have reimbursed to them all actual and necessary traveling and other expenses and disbursements incurred or made by them in the discharge of their official duties while away from their regular offices in the performance of such duties. p. 564.) For matters relating to: Salaries and expenses, how paid, see Sec. 15. (Laws 1913, Sec. 15. Salaries and expenses; how paid.-All salaries and expenses of the commission shall be audited and allowed by the state auditor and paid monthly by the state treasurer upon the order of the auditor, out of the funds provided therefor. (Laws 1913, p. 565.) For matters relating to: Salaries and expenses, see Sec. 14. The Secretary of State is not required to furnish stationery, etc., for the Commission (256 Mo. 669, 165 S. W. 703). Sec. 16. Jurisdiction of commission.-The jurisdiction, supervision, powers and duties of the public service commission herein created and established shall extend under this act: 1. To all railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the same. (Laws 1913, p. 565.) Receivers of railroads appointed by the Federal courts (4 Mo. P. S. C. 296, P. U. R. 1917 B, 425; 1 Mo. P. S. C. 334), and railroads three miles or over in length (1 Mo. P. S. C. 416) are subject to the Commission's jurisdiction. (See cross-references to Sec. 16-9.) 2. To all street railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the said street railroad. (Laws 1913, p. 565.) Relief of street railways from burdensome franchise provisions is without the jurisdiction of the Commission (4 Mo. P. S. C. 13), but sanitary rules and regulations for the operation of street cars are within the state's police power (2 Mo. P. S. C. 357, P. U. R. 1915 D, 482). (See cross-references to Sec. 16-9. 3. To such portion of the lines of any other railroad and street railroad as lie within this state, and to the person or corporation owning, leasing, operating or controlling the same, so far as concerns the construction, maintenance, equipment, terminal facilities and local transportation facilities and local transportation of persons or property within this state. (Laws 1913, p. 565.) Foreign railroad corporations (268 Mo. 641, 187 S. W. 827) and foreign refrigerator transit companies (1 Mo. P. S. C. 29), doing business within the state, are subject to the Commission's jurisdiction, as are the stock, bond or note issues of foreign railroad corporations against property within the state (1 Mo. P. S. C. 1; 1 Mo. P. S. C. 236). The routing of interstate passenger trains within the state (2 Mo. P. S. C. 430, P. U. R. 1915 D, 961), but not in another (Ibid.), that adequate local service be had, is within the Commission's authority. (See cross-references to Sec. 16-9. 4. To all common carriers operating or doing business within this state. (Laws 1913, p. 565.) Terminal facilities at stockyards for handling live stock are part of the equipment of common carriers subject to the Commission's jurisdiction (2 Mo. P. S. C. 406, P. U. R. 1915 D, 661). (See cross-references to Sec. 16-9.) |