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Weight. 5 ft. 2 in......135 pounds 5 ft. 5 in......152 pounds

Height. Weight. 5 ft. 3 in......142 pounds 5 ft. 6 in......155 pounds 5 ft. 9 in......173 pounds 16 ft. 0 in......190 pounds 5 ft. 4 in...... 149 pounds 5 ft. 7 in......158 pounds

Height. Weight. 5 ft. 8 in... ... 166 pounds 5 ft. 11 in.....186 pounds

Height. 5 ft. 10 in.....181 pounds


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Became a law June 6, 1907, with the approval of the governor. The public-service commissions law of New York, 1 the laws of 1891, entitled "An act to provide for better known as the public utilities law, estab- rapid-transit railways in cities of over 1,000,000 inlishes public-service commissions; prescribes their habitants,' and the acts amendatory thereto. powers and duties and provides for the regulation All jurisdiction, supervision, powers and duties and control of certain public-service corporations. under this act not specifically granted to the pubIt consists of these five articles:

lic-service commission of the 1st district shall be I. Public-service commissions; general provisions. vested in and be exercised by the public-service

II. Provisions relating to railroads, street rail commission of the 2d district, including the regularoads and common carriers.

tion and control of all transportation of persons III. Provisions relating to the powers of the or property, and the instrumentalities connected commissions in respect to railroads, street rail with such transportation, on any railroad other roads and common carriers.

than a street railroad from a point within either IV. Provisions relating to gas and electric cor. district to a point within the other district. porations; regulation of price of gas and elec

ELIGIBILITY OF MEMBERS. tricity. V. Commissions and offices abolished; saving

No person shall be eligible for appointment or clause; repeal.

shall hold the office of commissioner or be apARTICLE I.

pointed by a commission or by counsel to a com

mission to, or hold, any office or position under a PUBLIC-SERVICE DISTRICTS.

commission, who holds any official relation to any There are created two public-service districts, to common carrier, railroad corporation, street-railbe known as the 1st district and the 2d district. road corporation, gas corporation or electrical corThe ist district shall include the counties of New poration subject to the provisions of this act, or York, Kings, Queens and Richmond. The 2d dis who owns stocks or bonds therein, trict shall include all other counties of the state.


The principal office of the commission of the 1st There shall be a public-service commission for | district shall be in the borough of Manhattan, city each district and each commission shall possess of New York; and the office of the 2d district shall the powers and duties necessary or proper to en be in the city of Albany, in rooms designated by able it to carry out the purposes of this act. The the trustees of public buildings. Each commission commission of the 1st district shall consist of five shall hold stated meetings at least once a month members and the commission of the 2d district during the year at its office. shall consist of five members, to be appointed by The offices of each commission shall be open for the governor, by and with the advice and consent business between the hours of 8 a. m. and 11 p. of the senate. Each commissioner shall be a m. every day in the year and one or more reresident of the district for which he is appointed. sponsible persons, to be designated by the comThe governor may remove any commissioner for in mission or by the secretary under the direction of efficiency, neglect of duty or misconduct in office. the commission, shall be on duty at all times in The term of office is five years and the annual immediate charge thereof. A majority of the comsalary of each commissioner is $15,000. An at missioners shall constitute a quorum for the transtorney shall be appointed as counsel for each com action of any business, for the performance of any mission at a salary of $10,000 a year and a secre duty or for the exercise of any power of the comtary at a salary of $6,000 a year.

mission and may hold meetings of the commission JURISDICTION OF COMMISSIONS.

at any time or place within the state. The jurisdiction, supervision, powers and duties

CERTAIN ACTS PROHIBITED. of the public-service commission in the 1st district Every commissioner, counsel to a commission, the shall extend:

secretary of a commission, and every person em1. To railroads and street railroads lying ex ployed or appointed to office, either by a commisclusively within that district and to the persons sion or by the counsel to a commission, is forbidden or corporations owning, leasing, operating or con and prohibited to solicit, suggest or recommend. trolling the same.

directly or indirectly, to any common carrier, rail2. To street railroads any portion of whose lines

road corporation or street-railroad corporation, or to lies within that district, to all transportation of any officer, attorney, agent or employe thereof, the persons or property thereon within that district

appointment of any person to any office, place, po. or from a point within either district to a point

sition or employment. And every common carrier, within the other district and to the persons or railroad corporation, street-railroad corporation, corporations owning, operating. controlling or leas gas corporation and electrical corporation and ing the said street railroads; provided, however, every officer, attorney, agent and employe thereof that the commission for the 2d district shall have

is forbidden and prohibited to offer to any com jurisdiction over such portion of the lines of said

missioner, to counsel to a commission, to the secstreet railroads as lies within the 2d district and

retary thereof, or to any person employed by a over the persons or corporations owning, operat

commission or by the counsel to a commission, any ing, controlling or leasing the same, So far as

office, place, appointment or position, or to offer concerns the construction, maintenance, equipment,

or give to any commissioner, to counsel to a comterminal facilities and local transportation facil

mission, to the secretary thereof, or to any officer ities of said street railroads within the 2d district.

employed or appointed to office by the commission 3. To such portion of the lines of any other

or by the counsel to the commission, any free pass

or transportation or any reduction in fare to whiclı railroad as lies within that district and to the person or corporation owning, leasing, operating or

the public generally is not entitled or free car

riage for freight or property or any present, controlling the same, so far as concerns the construction, maintenance, equipment, terminal facili

gift or gratuity of any kind. If any commissioner,

counsel to a commission, the secretary thereof or ties, and local transportation facilities and local

any person employed or appointed to office by a transportation of persons or property within that

commission or by counsel to a commission shall

violate any provision of this section he shall be 4. To any common carrier operating or doing

removed from the office held by him. business exclusively within that district.

The commissions are required to make annual 5. To the manufacture, sale or distribution of reports to the legislature on or before the second gas and electricity for light, heat and power in Monday of January of each year. said district, and to the persons or corporations owning, leasing, operating or controlling the same.

WITNESSES. 6. And in addition thereto the commission in If a person subpoenaed to attend before a comthe 1st district shall have and exercise all powers | mission or a commissioner fails to obey without beretofore conferred upon the board of rapid tran reasonable cause, or if a person shall, without reasit railroad commissioners under chapter four of | sonable cause, refuse to be sworn or to be e

disnsportatical tra

"The con the legislat each year.

justice ithout reaso answerbook or papith, by wain

No De bound bor hearission.

upon ting or

the heart to plain ssence jassifice and stornien schedules

amined or to answer a question or to produce a with a lateral line of railroad or private sidetrack book or papers when ordered so to do or to sub owned by such shipper, and shall provide upon its scribe and swear to his deposition after it has own property a sidetrack and switch connection been correctly reduced to writing, he shall be guilty with its line of railroad, whenever such sidetrack of a misdemeanor and may be prosecuted therefor and switch connection is reasonably practicable, in any court of competent criminal jurisdiction. can be put in with safety and the business there

If a person in attendance before a commission for is sufficient to justify the same. or a commissioner refuses without reasonable If any railroad corporation shall fail to install cause to be examined or to answer a legal and or operate any such switch connection after writpertinent question or produce a book or paper when ten application therefor has been made to it, any ordered so to do, the commission may apply to any corporation or person interested may present the justice of the Supreme court upon proof by a ffi facts to the commission by written petition and davit of the facts for an order returnable in not the commission shall investigate the matter. If less than two nor more than five days directing the commission be of opinion that it is safe and such person to show cause why he should not be practicable to have a connection substantially as committed to jail; upon the return of such order prayed for established and that the business to the justice before whom the matter shall come be done thereon justifies it, it shall make an orshall examine under oath such person and if the der directing the construction and establishment justice shall determine that such person has re thereof, specifying the reasonable compensation to fused without reasonable cause or legal excuse to be paid for the construction and maintenance be examined or to answer a legal and pertinent thereof. It may in like manner order the disquestion, or to produce a book or paper which he continuance of such switch connection. was ordered to bring, he may forth with, by warrant, commit the offender to jail, there to remain

TARIFF SCHEDULES. until he submits to do the act which he was so Every common carrier shall file with the comrequired to do or is discharged according to law. mission having jurisdiction and shall print and PRACTICE BEFORE COMMISSIONS.

keep open to public inspection schedules showing

the rates, fares and charges for the transportation All hearings shall be governed by rules to be

of passengers and property within the state be. adopted and prescribed by the commission. And in

tween each point upon its route and all other all investigations, inquiries or hearings the com

points thereon; and between each point upon its mission shall not be bound by the technical rules

route and all points upon every route leased, opof evidence. No' person shall be excused from

erated or controlled by it; and between each point testifying or from producing any books or papers

on its route or upon any route leased, operated or upon the ground that the testimony or evidence,

controlled by it and all points upon the route of books or documents may tend to incriminate him

any other common carrier, whenever a through or subject him to penalty or forfeiture, but no

route and joint rate shall have been established person shall be prosecuted, punished or subjected

or ordered between any two such points. If no to any penalty on account of any act, transaction,

joint rate over a through route has been estabmatter or thing concerning which he shall under

lished the several carriers in such through route oath have testified or produced documentary evi

shall file, print and keep open to public inspection dence; provided, however, that no person so testi the separately established rates, fares and charges fying shall be exempt from prosecution or punish.

applied to the through transportation. The schedment for any perjury committed by him in his

ules shall plainly state the places between which testimony. Nothing herein contained is intended

property and passengers will be carried and shall to give or shall be construed as in any manner

also contain the classification of passengers, giving unto any corporation immunity of any kind.

freight or property in force and shall also state PREFERENCE IN COURT PROCEEDINGS.

separately all terminal charges, storage charges,

icing charges and all other charges which the comAll actions and proceedings under this act and

mission may require to be stated. Such schedules all actions and proceedings prosecuted by order of

shall be plainly printed in large type: copies either commission, and all actions and proceedings

thereof for the use of the public shall be kept to which either comunission or the people of the

posted in two public and conspicuous places in state of New York may be parties, and in which

every depot, station and office of every common any question arises under this act or under the

carrier where passengers or property are received railroad law, or under or concerning any order or

for transportation. action of the commission, shall be preferred over all other civil causes except election causes in all

UNJUST DISCRIMINATION. courts of the state of New York and shall be No common carrier shall, directly or indirectly, heard and determined in preference to all other

by any special rate, rebate, drawback or other civil business pending therein excepting election device or method, charge, collect or receive from causes, irrespective of position on the calendar. any person or corporation a greater or less com

pensation for any service rendered or to be renARTICLE II.

dered in the transportation of passengers, freight The provisions of this article apply to the trans- or property, except as authorized in this act, than portation of passengers, freight or property with it charges, collects or receives from any other in the state of New York and to any common car person or corporation for doing a like and conrier performing such service.

temporaneous service in the transportation of a SERVICE AND CHARGES.

like kind of traffic under the same or substan.

tially similar circumstances and conditions. Every corporation, person or common carrier performing a service in connection with such transpor

UNREASONABLE PREFERENCE. tation shall furnish with respect thereto such service and facilities as shall be safe and adequate

No common carrier shall make or give any undue and in all respects just and reasonable. All charges

or unreasonable preference or advantage to any made or demanded by any such corporation, person

person or corporation or to any locality or to any

particular description of traffic, or subject any or common carrier for the transportation of passengers, freight or property or for any service

particular person, corporation, locality or traffic rendered or to be rendered in connection there

to any prejudice or disadvantage whatever. The with, shall be just and reasonable and not more

rates as fixed in the published schedules must be than allowed by law or by order of the commis

followed and no common carrier shall by any de. sion having jurisdiction and made as authorized

vice refund or remit any portion of the rates so by this act. Every unjust or unreasonable charge

specified and shall not extend any facilities to is prohibited.

any person or shipper except such as are regu.

larly extended to all persons and corporations, SWITCH AND TRACK CONNECTIONS. A railroad corporation, upon the application of

NO PASSES. any shipper tendering traffic for transportation, No common carrier subject to the provisions of shall construct, maintain and operate upon reason this act shall, directly or indirectly, issue or give able terms a switch connection or connections | any free ticket, free pass or free transportation


printese statements which


for the

for passengers or property between points in this a reasonable counsel or attorney's fee, which fee
state except to its officers, employes, agents, pen- shall be collected as part of the costs in the case.
sioners, surgeons, physicians, attorneys at law
and their families and others specified in the act.


POWERS AND DUTIES OF COMMISSIONS. No common carrier or any officer or agent there Each commission and commissioner shall have of or any person acting for or employed by it I the power to administer oaths to witnesses sumshall assist, suffer or permit any person or cor. moned to testify in any investigation by the comporation to obtain transportation for any passen mission or commissioner. ger, freight or property between points within Each commission shall have the general superthis state at less than the rates then established vision of all common carriers, railroads, street and in force in accordance with the schedules filed railroads, railroad corporations and street railroad and published in accordance with the provisions corporations within its jurisdiction and shall have of this act, by means of false billing, false clas power to and shall examine the same and keep sification, false weight or weighing or false report informed as to their general condition, their capof weight, or by any other device or means.

italization, their franchises and the manner in INTERCHANGE OF TRAFFIC.

which their lines, owned, leased controlled or op

erated, are managed, conducted and operated, not Every common carrier is required to afford rea only with respect to the adequacy, security and sonable and equal facilities for the, interchange of accommodation afforded by their service, but also passenger, freight and property traffic between its with respect to their compliance with all prolines and the lines of every other common carrier, visions of law, orders of the commission and Every common carrier, as such, is required to re charter requirements. ceive from every other common carrier at a con Each commission and each commissioner shall necting point freight cars of a proper standard bave power to examine all books, contracts, recand haul the same through to destination or to the ords, documents and papers of any person or corconnecting point of the line on which the place poration subject to its supervision and by subof destination is located.

pona duces tecum to compel production thereof. LONG AND SHORT HAUL.

Each commission shall prescribe the form of the

annual reports required under this act to be made No common carrier subject to the provisions of by common carriers, railroad and street-railroad this act shall charge or receive any greater com corporations and may from time to time make such pensation in the aggregate for the transportation changes therein and additions thereto as it may of passengers or of a like kind of property, under deem proper, Corporations failing to make the substantially similar circumstances and conditions reports required shall forfeit to the state the for a shorter than for a longer distance over the sum of $100 for each day they shall continue in desame line in the same direction, the shorter being | fault with respect to such report. included within the longer distance; but this shali not be construed as authorizing any such common

INVESTIGATION OF ACCIDENTS. carrier to charge and receive as great a com Each commission shall investigate the cause of pensation for a shorter as for a longer distance all accidents on any railroad or street railroad or haul. Upon application of a common carrier the within its district which result in loss of commission may by order authorize it to charge life or injury to persons and property and which less for longer than for shorter distances for the in its judgment shall require investigation. Every transportation of passengers or property in special

common carrier, railroad and street-railroad corcases after investigation by the commission.

poration is required to give immediate notice to DISTRIBUTION OF CARS.

the commission of every accident happening upon

its line. Every railroad corporation or other common car

INVESTIGATIONS BY COMMISSION. rier engaged in the transportation of freight shall, lipon reasonable notice, furnish to all persons and

Each commission may of its own motion invescorporations who may apply therefor and offer tigate or make inquiry in a manner to be de. freight for transportation, sufficient and suitable termined by it as to any act or thing done or cars for the_transportation of such freight in car

omitted to be done by any common carrier, railload lots. Every railroad corporation and street road corporation or street-railroad corporation subrailroad corporation shall have sufficient cars and

ject to its supervision, and the commission must motive power to meet all requirements for the

make such inquiry. transportation of passengers and property which Complaints may be made to the proper commismay reasonably be anticipated, unless relieved sion by any person or corporation aggrieved, by therefrom by order of the commission. In case petition or complaint in writing, setting forth any at any particular time a common carrier has not thing or act done or omitted to be done by any sufficient cars to meet all requirements for the common carrier, railroad corporation or streettransportation of property in carload lots, all cars

railroad corporation in violation of any provision available to it for such purposes shall be dis

of law or of the terms and conditions of its frantributed among the several applicants therefor chise or charter or of any order of the commis. without discrimination between shippers, localities sion. Upon the presentation of such a complaint or competitive or noncompetitive points, but pref

the commission shall cause a copy thereof to be erence may always be given in the supply of cars forwarded to the person or corporation complained for shipment of live stock or perishable property. of, accompanied by an order requiring that the The commission shall have power to make, and

matters complained of be satisfied or that the by order shall make, reasonable regulations for the charges be answered. If the person or corporation furnishing and distribution of freight cars to ship

complained of shall make reparation and shall pers, for the switching of the same, for the load

cease to commit or to permit the violation of ing and unloading thereof, for demurrage charges

law charged in the complaint, the commission need in respect thereto and for the weighing of cars take no further action upon the charges. If, howand freight offered for shipment or transported by ever, the charges be not thus satisfied and it shall any common carrier.

appear to the commission that there are reason

able grounds therefor it shall investigate such LIABILITY OF CARRIERS.

charges. In case a common carrier shall do any act or thing probibited or declared to be unlawful, or

RATES MAY BE FIXED BY COMMISSION. shall omit to do any act or thing required to be Whenever either commission shall be of opinion done, either by any law of the state of New York, that the rates, fares or charges demanded or colby this act or by an order of the commission, lected by any common carrier, railroad or streetsuch common carrier shall be liable to the per-| railroad corporation are unjust and unreasonable, sons or corporations affected thereby for all loss, discriminatory or preferential or in violation of the damage or injury caused thereby and in case of law, the commission shall determine the just and recovery, if the court shall find that such act or reasonable rates, fares and charges to be thereomission was willful, it may in its discretion fix after observed and in force as the maximum to be

for. Waccompanplained off the peparation iolation cod

any dired by an iroad corpo his

charged for the service to be performed and shall fix the same by order. And if the commission shall be of opinion that the regulations, practices, equipment, appliances or service of any such corporation are unjust, unreasonable, unsafe, im. proper or inadequate, the commission shall determine and fix the just, reasonable, safe, adequate and proper regulations, practices, equipment, appliances and service thereafter to be observed and used in the transportation of persons and freight. • The commissions shall also have the power to order changes and repairs in tracks, switches, terminals, motive power or any other property used in connection with the transportation of persons or property and to order changes in time schedules and the running of additional cars and trains whenever these changes are, in the judgment of the commissioners, reasonably necessary for accommodation or safety in the transportation of passengers or property.

UNIFORM SYSTEM OF ACCOUNTS. Each commission may, whenever it deems advisable. establish a uniform system of accounts to be used by railroad and street-railroad corporations or other common carriers subject to its supervision and may prescribe the manner in which such accounts shall be kept. It may also, in its discretion, prescribe the forms of accounts, records and memoranda to be kept by such corporations, including the accounts, records and memoranda of the movement of traffic as well as the receipts and expenditures of moneys.

FRANCHISES AND PRIVILEGES. Franchises for the construction of new railroads or street railroads must be obtained from the commission before work can begin.

No franchise nor any right to or under any franchise to own or operate a railroad or street railroad shall be assigned, transferred or leased, nor shall any contract or agreement with reference to or affecting any such franchise or right be valid or of any force or effect whatsoever unless the assignment, transfer, lease, contractor agreement shall have been approved by the proper commission.

No railroad or street-railroad corporation, domestic or foreign, shall hereafter purchase or acquire any part of the capital stock of any railroad corporation or street-railroad corporation or other common carrier unless authorized so to do by the commission having jurisdiction; and save where stock shall be transferred or held for the purpose of collateral security only with the consent of the commission empowered by this act to give such consent, no stock corporation of any description, domestic or foreign, other than a railroad corporation or streetrailroad corporation, shall purchase or acquire more than 10 per cent of the total capital stock issued by any railroad or street-railroad corporation or other common carrier.

APPROVAL OF STOCK AND BOND ISSUES. A common carrier, railroad or street-railroad corporation may issue stocks, bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension or improvement of its facilities or for the maintenance or improvement of its service or for the discharge or refunding of its obligations, provided there shall have been secured from the proper commission an order authorizing such issue and the amount thereof and stating that in the opinion of the commission the use of the capital to be secured by such issue is reasonably required for the said purposes of the corporation.

The capital stock of a corporation formed by the merger of two or more other corporations shall not exceed the sum of the capital stock of the corporations so consolidated at the par value thereof, or such sum and any additional sum actually paid in cash; nor shall any contract for consolidation or lease be capitalized in the stock of any corporation whatever; nor shall any corporation hereafter issue any bond against or as a lien upon any contract for consolidation or merger.

FORFEITURE AND PENALTIES. Every common carrier, railroad corporation and street-railroad corporation and all officers and agents of such corporations shall obey every order made by the commission so long as the same shall be and remain in force. Any common carrier, railroad corporation or street-railroad corporation which shall violate any provision of this act or which fails, omits or neglects to obey, observe or comply with any order or any direction or requirement of the commission shall forfeit to the people of the state of New York not to exceed the sum of $5,000 for each and every offense; every violation of any such order or direction or require. ment, or of this act, shall be a separate and distinct offense and, in case of a continuing violation, every day's continuance thereof shall be and be deemed to be a separate and distinct offense.

Every officer and agent of any such common carrier or corporation who shall violate or aid in violating any provision of this act shall be guilty of a misdemeanor.

Any corporation, other than a common carrier, railroad corporation or street-railroad corporation, which shall violate any provision of this act, or shall fail to obey, observe and comply with every order made by the commission shall forfeit to the people of the state of New York a sum not exceeding $1,000 for each and every offense; every such violation shall be a separate and distinct offense.

Every person who, either individually or acting as an officer or agent of a corporation other than a common carrier, railroad corporation or streetrailroad corporation, shall violate any provision of this act or fail to obey, observe or comply with any order made by the commission under this act shall be guilty of a misdemeanor.

In construing and enforcing the provisions of this act relating to forfeitures and penalties the act of any director, officer or other person acting for or employed by any common carrier, railroad corporation, street-railroad corporation or corporation acting within the scope of his official duties or employment shall be in every case deemed to be the act of such common carrier, railroad corporation, street-railroad corporation or corporation.

INTERSTATE TRAFFIC. Either commission may investigate freight rates on interstate traffic on railroads within the state and when in the opinion of either commission such rates are excessive or discriminatory or in violation of the interstate-commerce law, the commission may apply by petition to the interstate-commerce commission for relief.


APPLICATION OF ARTICLE. This article shall apply to the manufacture and furnishing of gas for light, heat or power and the furnishing of natural gas for light, heat or power and the generation, furnishing and transmission of electricity for light, heat or power.

Each commission shall within its jurisdiction-

1. Have the general supervision of all persons and corporations having authority under any general or special law or under any charter or franchise to lay down, erect or maintain wires, pipes, ccnduits, ducts or other fixtures in, over or under the streets, highways and public places of any municipality, for the purpose of furnishing or distributing gas or of furnishing or transmitting electricity for light, heat or power, or maintaining underground conduits or ducts for electrical conductors.

2. Investigate and ascertain from time to time the quality of gas supplied by persons, corporations and municipalities; examine the methods employed by such persons, corporations and municipalities in manufacturing and supplying gas or electricity for light, heat or power and in transmitting the same and have power to order such improvements as will best promote the public interest, preserve the public health and protect those using such gas or electricity and those em

for the saided by such ission

lucts for maintaiing eles:

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