PASSED AT THE ONE HUNDRED AND THIRTY-THIRD REGULAR SESSION OF THE LEGISLATURE BEGUN THE FIFTH DAY OF JANUARY, 1910, AND ENDED THE TWENTY-SEVENTH DAY OF MAY, 1910, AT THE CITY OF ALBANY.

PUBLIC SERVICE COMMISSIONS LAW

Laws 1910, Chap. 480

AN ACT in relation to public service commissions, constituting chapter forty-eight of the consolidated laws.

Became a law June 14, 1910, with the approval of the Governor, Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter four hundred and twenty-nine of the laws of nineteen hundred and seven, entitled "An act to establish the public service commissions and prescribing their powers and duties, and to provide for the regulation and control of certain public service corporations and making an appropriation therefor," is hereby amended and revised to read as follows, and as so amended and revised to be known as chapter forty-eight of the consolidated laws.

CHAPTER 48 OF THE CONSOLIDATED LAWS

THE PUBLIC SERVICE COMMISSIONS LAW

Article I. Public service commissions; general provisions (§§ 1-24).

II. Provisions relating to railroads, street railroads and

common carriers (§§ 25-40).

III. Provisions relating to the powers of the commissions in respect to railroads, street railroads and common carriers (§§ 45-59).

IV. Provisions relating to gas and electric corporations; regulation of price of gas and electricity (§§ 64-77).

Article V. Provisions relating to telegraph and telephone lines

and to telephone and telegraph corporations

(§§ 90-103). (Added by L. 1910, ch. 673, in effect September 1, 1910.)

VI. Commissions and offices abolished; saving clause; repeal (§§ 120-127). (Thus renumbered by L. 1910, ch. 673, in effect September 1, 1910.)

ARTICLE 1

Public Service Commissions; General Provisions

Section 1. Short title.

2. Definitions.

3. Public service districts.

4. Commissions established; appointment; removal;

terms of office.

5. Jurisdiction of commissions.

6. Counsel to the commissions.

7. Secretary to the commissions.

8. Additional officers and employees.

9. Oath of office; eligibility of commissioners and officers.

10. Offices of commissions; meetings; official seal; sta

tionery.

11. Quorum; powers of a commissioner.

12. Counsel to the commissions; duties.

13. Salaries and expenses.

14. Payment of salaries and expenses.

15. Certain acts prohibited.

16. Reports of commissions.

17. Certified copies of papers filed to be evidence.

18. Fees to be charged and collected by the commissions.

19. Attendance of witnesses and their fees.

20. Practice before the commissions; immunity of wit

nesses.

Section 21. Court proceedings; preference.

22. Rehearing before commission.

23. Service and effect of orders.

24. Actions to recover penalties or forfeitures.

1. Short title. This chapter shall be known as the "Public Service Commissions Law," and shall apply to the public services herein described and to the commissions hereby created.

§ 2. Definitions. 1. The term "commission," when used in this chapter, means either public service commission hereby created, which by the terms of this chapter is vested with the power or charged with the duty in question.

2. The term "commissioner," when used in this chapter, means one of the members of such commission.

3. The term "corporation," when used in this chapter, includes a corporation, company, association and joint-stock association. 4. The word "person," when used in this chapter, includes an individual, and a firm or copartnership.

5. The term "street railroad," when used in this chapter, includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for compensation, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place in any city, village or town, and including all equipment, switches, spurs, tracks, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind used, operated or owned by or in connection with any such street railroad; but the said term "street railroad," when used in this chapter, shall not include a railroad constituting or used as part of a trunk line railroad system.

6. The term "railroad," when used in this chapter, includes every railroad, other than a street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment,

switches, spurs, tracks, stations and terminal facilities of every kind used, operated or owned by or in connection with any such railroad.

7. The term "street railroad corporation," when used in this chapter, includes every corporation, company, association, jointstock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any street railroad or any cars or other equipment used thereon or in connection therewith.

8. The term "railroad corporation," when used in this chapter, includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any railroad or any cars or other equipment used thereon or in connection therewith.

9. The term "common carrier," when used in this chapter, includes all railroad corporations, street railroad corporations, express companies, car companies, sleeping-car companies, freight companies, freight-line companies, and every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing any such agency for public use in the conveyance of persons, or property within this state; but the said term common carrier when used in this chapter shall not include an express company unless the same is operated wholly or in part upon, or in connection with a railroad or street railroad.

10. The term "gas plant," when used in this chapter, includes all real estate, fixtures and personal property operated, owned, used or to be used for or in connection with or to facilitate the manufacture, distribution, sale or furnishing of gas (natural or manufactured) for light, heat or power.

11. The term "gas corporation," when used in this chapter, includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating or managing

any gas plant except where gas is made or produced and distributed by the maker on or through private property solely for its own use or the use of its tenants and not for sale to others.

12. The term "electric plant," when used in this chapter, includes all real estate, fixtures and personal property operated, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power; and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.

13. The term "electrical corporation," when used in this chapter, includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever (other than a railroad or street railroad corporation generating electricity solely for railroad or street railroad purposes or for the use of its tenants and not for sale to others) owning, operating or managing any electric plant except where electricity is generated or distributed by the producer solely on or through private property for railroad or street railroad purposes or for its own use or the use of its tenants and not for sale to others.

14. The term "transportation of property," when used in this chapter, includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property transported.

15. The term "line," when used in this chapter, includes route."

16. The term "municipality," when used in this chapter, includes a city, village, town or lighting district, organized as provided by a general or special act.

17. The term " telephone corporation," when used in this chapter, includes every corporation, company, association, joint-stock association, partnership and person, their lessecs, trustees or receivers appointed by any court whatsoever, owning, operating or