Now therefore, it is

Resolved, That the application of the New York, New Haven & Hartford Railroad Company and of the Harlem River and Portchester Railroad be heard by and before the Public Service Commission for the First District on the 11th day of December, 1908, at 2:30 o'clock in the afternoon in the hearing room of the Public Service Commission for the First District, and that said New York, New Haven & Hartford Railroad Company and the Harlem River and Portchester Railroad publish a notice of said application and of the time and place of said hearing in the following newspapers: New York Times and the New York Evening Post, published in the city of New York, on at least two separate days before said hearing, and file proof of such publication with the Secretary of the Public Service Commission for the First District on or before the opening of said hearing.

Hearing held December 11th.

INSPECTION OF RECORDS, POWER PLANTS AND EQUIPMENT OF STREET RAILROAD CORPORATIONS.

Street Railroad Corporations.- Inspection of records, power plants and equipment.

* [The Commission has express power to enter the offices of street railroad companies to inspect their records, and may delegate this power to its officers or employees. It has authority to inspect power plants of such companies. It also has power to require such companies to give its electrical engineer access to their car barns to ascertain whether its order to repair cars is being obeyed. Procedure to enforce this right.]

The counsel to the commission rendered the following opinion as to the right of employes of the commission to enter car barns.

OPINION OF COUNSEL.

Public Service Commission for the First District:

July 2, 1908.

SIRS I have received the communication of the Secretary, dated June 25, 1908, transmitting a letter from the Electrical Engineer, in which he states that the watchmen at the car barns of the New York City Railway have refused to permit him to enter the buildings for the purpose of examining street cars directed to be repaired by certain orders of the Commission. My opinion is asked as to what are the rights of the Commission in the premises.

Subdivision 3 of section 66 of Article IV of the Public Service Commissions Law provides that the Commission,

"shall have access through its members or persons employed and authorized by it to make such examinations and investigations to all parts of the manufacturing plants owned, used or operated for the manufacture or distribution of gas by any such person, corporation or municipality."

The sections of the act referring to the powers of the Commission in respect to railroads, street railroads and common carriers confers no such specific power upon the Commission. This may perhaps be explained by the fact that Article IV of the act relating to gas and electrical corporations was substantially a re-enactment of the prior statute relating to that subject (Chap. 737, Laws of 1905). But section 45, subdivision 2, provides that

"Each commission shall have the general supervision of all common carriers, and shall have power to and shall examine the same and keep informed as to their general condition, and the manner in which their lines, owned, leased, controlled or operated, are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with all provisions of law, orders of the commission and charter requirements."

Subdivision 3 of that section provides that the Commission,

"shall have power to examine all books, contracts, records, documents and papers of any person or corporation subject to its supervision."

* See foot note, page 9.

Section 52 provides that,

"The commission shall at all times have access to all accounts, records and memoranda kept by railroad and street railroad corporations and

may designate any of its officers or employees who shall thereupon have authority under the order of the commission to inspect and examine any and all accounts, records and memoranda kept by such corporations."

Section 48, subdivision 1 directs that

"Each 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 corporation or street railroad corporation, subject to its supervision, and the commission must make such inquiry in regard to any act or thing done or omitted to be done by any such common carrier, railroad corporation or street railroad corporation in violation of any provision of law or in violation of any order of the commission."

The Commission is thus given express power to enter the offices of street railroad companies for the purpose of inspecting its records, and to delegate that power to its officers or employees.

It is also given the express power to investigate the motive power of street railroad corporations and to make orders in regard thereto (§§ 50 and 51). Such investigations would necessarily involve inspection of the power plants of street railroad corporations.

Moreover, the act directs that the Commission "must" make inquiry in regard to any act or thing done in violation of any order of the Commission. To ascertain whether the orders in question directing the receivers of the New York City Railway Company to repair its cars within the time and in the manner directed, are being obeyed, it is necessary to inspect the car barns of the company so as to be advised of the progress of the work and such inspection can be made only by an expert. In no other way can the Commission comply with this mandatory provision of the act.

Section 4 of the act provides as follows:

"Each commission shall possess the powers and duties hereinafter specified and also all powers necessary or proper to enable it to carry out the purposes of this act."

The evident purpose of this provision was to give the Commission general powers to carry out the purposes of the act in all cases which could hardly have been enumerated by the Legislature. Under this section, I think, the Commission has ample power to require the New York City Railway Company, or its receivers, to give the Electrical Engineer access at all proper times to the car barns, in order to ascertain whether the terms of the orders made by the Commission requiring repairs are being complied with.

I suggest that the Commission serve upon the receivers of the New York City Railway Company an order for hearing with respect to any violations of the orders of the Commission respecting the overhauling of cars in denying to the Commission's engineers access to car barns or workshops of the receivers, and inspection by them of overhauling work done or being done under said orders, and as to whether the Commission should make its order addressed to the receivers and all officers and employees of the receivers, requiring them and each of them at all times to allow to the Commission and the engineers of the Commission admission to the car barns and workshops of the receivers for inspection of any and all work completed or directed to be done, or then or there being done under the said orders of the Commission. If the receivers of the New York City Railway Company, or any of their officers or employees should disobey the order made after such hearing, the order may be enforced as provided in sections 56 and 57, Public Service Commissions Law.

INVESTIGATION INTO THE GENERAL CONDITION OF RAILROADS, STREET RAILROADS AND COMMON CARRIERS.

Investigation of the General Condition of Railroad and Street Railroad Corporations and Common Carriers.

OPINION OF COUNSEL.

Opinion of Counsel.
Order No. 615.

Public Service Commission for the First District:

May 7, 1908.

SIRS - I am in receipt of your Secretary's letter, bearing date May 4th, inquiring as to the best method of securing documents which companies have so far failed to file, and desiring my opinion as to the advisability of a general proceeding under which any specific subject may be taken up.

Power to require copies of papers and documents to be filed and information to be given by corporations subject to the jurisdiction of the Commission is very much broader under the sections having to do with railroads and common carriers than it is under the sections having to do with electrical corporations and gas corporations. In case of failure, however, by either railroad or gas and electrical corporations to comply with the requisition of the Commission for filing copies of documents, the convenient remedy is to institute an investigation, as authorized by the Public Service Commissions Law. Such an investigation may be instituted as to any particular corporation or as to any group of corporations and I have no doubt that a sweeping resolution instituting an investigation or inquiry as to all railroads, or all gas corporations and electrical corporations, is within the powers of the Commission.

I have accordingly drafted and I herewith transmit to you two proposed resolutions, one drawn under the railroad sections of the law and the other drawn under the gas and electricity sections of the law, in which you will observe that a certam portion is bracketed, so that if you prefer, that portion may be left blank, in case the resolutions are printed, and the name of any particular corporation or person which it is desired to investigate may later be inserted. or if it is desired to institute general investigations, the words can be retained as in these drafts.

The recitals which add somewhat to the length of the resolutions are inserted, as in other cases, for use in the event of an application to the Court to commit a witness for refusal to obey, as showing that the proceeding is based upon a resolution which follows the exact wording of the law, and is prima facie in execution of the powers of the Commission.

My suggestion is that if this general investigation be instituted the proceeding should be kept alive by proper adjournments from time to time by such Commissioners as may be presiding at the time of any session thereunder. Respectfully yours,

(Signed)

GEO. S. COLEMAN, Counsel to the Commission.

In the Matter
of the

Investigation, under sections 45 and 48 of the Public Service Commissions Law, into the general condition of each and every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, and corporation controlling or operating any common carrier, railroad or street railroad within the First District.

-ORDER No. 615.

June 16, 1908.

Whereas, This Commission is vested by law with the general supervision of all common carriers, railroads, street railroads, railroad corporations and street railroad corporations, and all corporations or persons controlling or operating any railroad or street railroad within its jurisdiction, and not only has the power but is charged with the duty to keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines, owned, leased, controlled or operated, are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service. but also with respect to their compliance with all provisions of law and their charter requirements,

Now, therefore, be it

Resolved, That this Commission shall forthwith, as required by sections 45 and 48 of the Public Service Commissions Law, investigate and examine the general condition of each and every common carrier, railroad, street railroad, railroad corporation. street railroad corporation and corporation controlling or operating any common carrier, railroad or street railroad within its jurisdiction, its capitalization, its franchises and the manner in which its lines, owned, leased, controlled

or operated, are conducted and operated, including the adequacy, security and accommodation afforded by its service and with respect to its compliance with all provisions of law and its charter requirements.

Further resolved, That the Chairman may designate from time to time a Commissioner to preside, with power to call and to adjourn hearings hereunder.

APPRAISAL OF PROPERTY OF STREET RAILROAD CORPORATIONS IN THE BOROUGHS OF MANHATTAN AND THE BRONX.

New York City Railway Company.- Appraisal of property of street railroad companies in the Boroughs of Manhattan and the Bronx.

In the Matter
of

Inability on the part of the NEW YORK CITY RAILWAY COMPANY to furnish adequate service upon the street car lines and still maintain sufficient funds to pay the rentals of many leased lines.

ORDER No. 575.

June 12, 1908.

Whereas, the receivers of the New York City Railway Company have stated to the Commission that it is impossible for them to provide adequate service upon the street car lines in Manhattan because there would not be sufficient funds to pay the rentals of many leased lines if the service were made adequate; and

Whereas, the investigations made into the books of this company and its subsidiary companies last fall indicated in certain instances that the companies were greatly over-capitalized and that the rentals being paid were out of proportion to the value of the lines; and

Whereas, thousands of citizens of New York will be seriously inconvenienced by the abolition of transfers by the receivers; and

Whereas, it has been asserted that if a fair rental were paid to the subsidiary companies based upon a fair value of their property the company could give adequate service and retain a satisfactory system of transfers; and

Whereas, these questions raised by the action of the receivers cannot be definitely answered without a knowledge of the value of the property of each line as one factor: therefore be it

Resolved, That the Commission proceed to inventory and appraise the property, tangible and intangible, of the street railway companies in the boroughs of Manhattan and The Bronx, and that the Chairman have general direction of the work.

MATTERS RELATING TO GAS AND ELECTRIC COMPANIES OTHER THAN RATES.

Gas Meter Tests.- Rules and regulations regarding testing of

gas meters.

Commissioner Maltbie presented the following report, which was approved regarding the testing of gas meters.

REPORT OF COMMISSIONER MALTBIE.

NEW YORK, September 20, 1907.

To the Public Service Commission for the First District: SIRS: Your committee to whom was referred the question of the testing of gas meters begs to submit the following report:

The Public Service Commissions Law of 1907 transferred the powers and duties

of the State Inspector of Gas Meters within the area of Greater New York to this Commission. It became incumbent upon the Commission, therefore, to provide a system for the inspection, testing and sealing of gas meters, and a committee was accordingly appointed.

Your committee first ascertained the methods which had been used by the State Inspector, hoping to be able to recommend their continuance, so that the work It was found, however, that might proceed without any interruption or delay. meters had been stamped by the State Inspector that had not been tested, i. e., It was that a few sample meters were selected from a large number of new meters and the entire consignment approved upon the basis of a test of a few meters. also found that the brass tag affixed to the meters by the State Inspector was so attached that a meter might be changed, repaired or completely overhauled withThe system of computing the perout destroying or affecting the tag in any way. centage of inaccuracy was also found to be wrong.

These facts made it quite apparent to your committee that, in order to comply with the purpose and letter of the statute, which required that every meter be inspected, approved and sealed," an entirely new system should be devised which would provide for thorough and accurate inspection, impartial testing and a method of sealing which would not permit the meter to be opened without breaking the seal.

Your committee recommend that Mr. A. E. Forstall, a consulting gas engineer, be employed by the Commission to prepare and submit such a scheme, and this Mr. Forstall's report, with the exception recommendation was adopted by you.

of certain blank forms and instructions to testers, is submitted herewith. instructions and forms are on file in the office of this Commission.

The

With Mr. Forstall's report as a basis, a method of proving and sealing meters was formulated, a staff of meter testers organized and actual work begun, with the approval of the Commission. This system has now been in operation over two months and has proved to be satisfactory except in a few minor details, which will need to be altered when sufficient experience has been had to demonstrate the The essential features of the precise way in which improvements may be made. scheme are as follows:

1. That every meter shall be inspected, approved and sealed before being put into use.

2. That the "sealing" shall be of such a nature that the meter cannot be opened, altered or changed in any way without the breaking of this seal, thereby making it necessary to reinspect, reapprove and reseal before the meter may again be put into use.

3. That at present the testing of meters be limited to the accuracy of registest. This seems to be the best practice tration, ordinarily called the "check " and is generally adopted, with a few exceptions. This matter is discussed in Mr. Forstall's report.

4. That any meter regarding which complaint shall be made shall be tested by an employee of the Commission.

5. That the fee to be paid by the applicant if the meter is slow or correct within the limits allowed by the law, or by the company if the meter is fast beyond the percentage fixed in the statutes, shall be as small as may be reasonable. 6. That a notice be sent to the complainant and to the company of the results of such inspection.

7. That an adequate number of meter testers be employed, so that there will be no delay, either to the consumer or to the company, in the testing of meters. In pursuance of this plan eleven testing stations have been established already; two are at the factories of two meter companies, and nine at the shops of seven At the present moment, sixteen testers are at work, and the numThe civil service gas companies. ber will be increased as rapidly as competent men can be secured. list was exhausted some time ago and difficulty has been encountered in securing a sufficient number of men to proceed with the work as rapidly as desired, but a new list has just been submitted. The number of testing stations will be increased as soon as the companies equip them and the apparatus approved by the inspector of the Commission.

The wages paid meter testers have been fixed by the Commission temporarily at $3 per day for eight hours work.

E