Each commission shall within its jurisdiction: 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 Grants of or maintain wires, pipes, conduits, 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. 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 employed in the manufacture and distribution thereof, or in the maintenance and operation of the works, wires, poles, lines, conduits, ducts and systems maintained in connection therewith. Have power to fix the standard of illuminating power and purity of gas, not less than that prescribed by law, to be manufactured or sold by persons, corporations or municipalities for lighting, heating or power purposes, and to prescribe methods of regulatioon of the electric supply system as to the use for incandescent lighting and fix the initial efficiency of incandescent lamps furnished by the persons, corporations or municipalities generating and selling electric current for lighting, and by order to require the gas so manufactured or sold to be equal the standard so fixed by it, and to establish the regulations as to pressure at which gas shall be delivered. For the purpose of determining whether the gas sold by such persons, corporations or municipalities for lighting, heating or power purposes conforms to the standard of illuminating power and purity and, of its own motion, examine and investigate the methods employed in manufacturing, delivering and supplying the gas so sold, and shall have access through its members or persons employed and authorized by it to make such examinations and investigations of all parts of the manufacturing plants owned, used or operated for the manufacture or distribution of gas by any such person, corporation or municipality. Any employe or agent of the commission who divulges any fact or information which may come to his knowledge during the course of any such inspection or examination, except in so far as he may be directed by the commission, or by a court or judge thereof, or authorized by law, shall be guilty of a misde meanor. Have power to prescribe uniform methods of keeping accounts, records and books, to be observed by the persons, corporations and municipalities engaged in the manufacture, sale and distribution of gas and electricity for light, heat or power. Examine all persons, corporations and municipalities under its supervision, keep informed as to the methods employed by them in the transaction of their business and see that their property is maintained and operated and in compliance with the provisions of law and of their franchises and charters. Require every corporation under its supervision to submit to it an annual report, verified by the oath of the president, treasurer, or general manager thereof, showing in detail (1) the amount of its authorized capital stock and the amount thereof issued and outstanding; (2) the amount of its authorized bonded indebtedness and the amount of its bonds and other forms of evidence of indebtedness issued and outstanding; (3) its receipts and expenditures during the preceding year; (4) the amount paid as dividends upon its stock and as interest upon its bonds; (5) the name of and the amount paid as salary to each officer and the amount paid as wages to its employes; (6) the location of its plant or plants and system, with a full description of its property and franchises, stating in detail how each franchise stated to be owned was acquired, and (7) such other facts pertaining to the operation and maintenance of the plant and system and the affairs of such person or corporation as may be required by the commission. Such report shall be in the form, cover the period and be submitted at the time prescribed by the commission. The commission may, from time to time, make changes and additions in such forms, giving to the persons, corporations and municipalities six months' notice before the time fixed by the commission as the expiration of the fiscal year of any changes or additions which would require any alteration in the method or form of keeping their accounts for the ensuing year. When any such report is defective or believed to be erroneous, the commission shall notify the person, corporation or municipality making such report to amend the same within thirty days. Any such person or corporation or municipality which shall neglect to make any such report within the time specified by the commission, or which shall fail to correct any such report within thirty days after notice, shall be liable to a penalty of $100 and an additional penalty of $100 for each day after the prescribed time for which it shall neglect to file or correct the same, to be sued for in the name of the people of State of New York. The amount recovered in any such action shall be paid into the state treasury and be credited to the general fund. The commission may extend the time herein limited for cause shown. Require each municipality engaged in operating any works or systems for the manufacture and supplying of gas or electricity to make an annual report to the Gas and Electricity. commission, verified by the oath of the general manager or superintendent thereof, showing in detail (1) the amount of its authorized bonded indebtedness and the amount of its bonds and other forms of evidence of indebtedness issued and outstanding for lighting purposes; (2) its receipts and expenditures during the preceding year; (3) the amount paid as interest upon its bonds and upon other forms of evidence of indebtedness; (4) the name of and the amount paid to each person receiving a yearly or monthly salary, and the amount paid as wages to employes; (5) the location of its plant and system, with a full description of the property; and (6) such other facts pertaining to the operation and maintenance of the plant and system as may be required by the commission. Such report shall be in the form, cover the period and be submitted at the time prescribed by the commission. Have power, either through its members or inspectors or employes duly authorized by it, to enter in or upon and to inspect the property, buildings, plants, factories, power houses and offices of any such corporations. persons or municipalities. Have power to examine the books and affairs of any such corporations, persons or municipalities, and to compel the production before it of the books and papers pertaining to the affairs being investigated by it. Have power, either as a commission or through its members, to subpoena witnesses, take testimony and administer oaths to witnesses in any proceeding or examination instituted before it or conducted by it in reference to any matter within its jurisdiction under this article. Each commission shall appoint inspectors of gas and electric meters, whose duty it shall be to inspect and prove the accuracy of all meters furnished by any gas or electric corporation; the inspectors shall stamp each meter when Inspectors. proved accurate. No corporation may put in use a meter not stamped by an inspector as accurate. Any customer may ask the inspector to test his meter; if it shall prove four per cent. defective, if an electric meter, or two per cent., if a gas meter, the corporation must replace it with a correct meter and bear the expense of the test. No gas or electric corporation incorporated under the laws of this or any other state shall begin construction, or exercise any right or privilege under any franchise hereafter granted, or under any franchise heretofore granted but not heretofore actually exercised, without first having obtained the permission and approval of the proper commission. Before such certificate shall be issued a certified copy of the charter of such corporation shall be filed in the office of the commission, together with a verified statement of the president and secretary of the corporation, showing that it has received the required consent of the proper municipal authorities. No municipality shall build, maintain or operate for other than municipal purposes any works or systems for the manufacture and supplying of gas or electricity for lighting purposes without a certificate of authority granted by the commission. If the certificate of authority is refused, no further proceedings shall be taken before the commission, but a new application may be made therefor after one year from the date of such refusal. A gas corporation or electrical corporation organized or existing, or hereafter incorporated, under or by virtue of the laws of the State of New York, may issue Gas and stocks, bonds, notes or other evidence 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 plant or distributing system, or for the improvement or maintenance of its service or for the discharge or lawful refunding of its obligations, provided and not otherwise that 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 the issue of such stocks, bonds, notes or other evidence of indebtedness is reasonably required for the said purposes of the corporation. For the purpose of enabling it to determine whether or not it should issue such an order, the commission shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it may deem of importance in enabling it to reach a determination. Such gas corporation or electrical corporation may issue notes, for proper corporate purposes and not in violation of any provision of this or of any other act, payable at periods of not more than twelve months without such consent; but no such notes shall, in whole or in part, directly or indirectly, be refunded by any issue of stocks or bonds or by any evidence of indebtedness running for more than twelve months without the consent of the proper commission. Provided, however, that the commission shall have no power to authorize the capitalization of any franchise to be a corporation or to authorize the capitalization of any franchise or the right to own, operate or enjoy any franchise whatsoever in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to any political subdivision thereof as the consideration for the grant of such franchise or right. Nor shall the capital stock of a corporation formed by the merger or consolidation of two or more other corporations 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 bonds against or as a lien upon any contract for consolidation or merger. No gas corporation or electrical corporation shall transfer or lease its franchise, works or system or any part of such franchise, works or system to any other person or corporation or contract for the operation of its works and system Franchise without the written consent of the proper commission. The permission and approval of the commission, to the exercise of a franchise under section 68 of this act, or to the assignment, transfer or lease of a franchise under this section, shall not be construed to revive or validate any Transfers. lapsed or invalid franchise or to enlarge or add to the powers and privileges contained in the grant of any franchise or to waive any forfeiture. No such corporation shall directly or indirectly acquire the stock or bonds of any other corporation incorporated for, or engaged in, the same or similar business, or proposing to operate or operating under a franchise from the same or any other municipality, unless authorized so to do by the commission. 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 gas or electrical corporation, shall purchase or acquire, take or hold, more than 10 per centum of the total capital stock issued by any gas corporation or electrical corporation organized or existing under or by virtue of the laws of this state. Nothing herein contained shall be construed to prevent the holding of stock heretofore lawfully acquired. Every contract, assignment, transfer or agreement for transfer of any stock by or through any person or corporation to any corporation, in violation of any provision of this act, shall be void and of no effect, and no such transfer or assignment shall be made upon the books of any such gas corporation or electrical corporation, or shall be recognized as effective for any purpose. On the written complaint of the mayor of a city, the trustees of a village or the town board of a town, or the petition of one hundred customers in a city of the first or second class, not less than fifty in cities of the third class Originating or twenty-five elsewhere, as to the gas or electricity furnished, the Complaints. commission shall investigate, including the plant, methods of manufacture and accounts, and examine all necessary books and papers. After hearing the commission may fix the price or require needed improvements to be made in the service. Any gas or electric corporation which violates the law or orders of the commission shall forfeit $1,000 for each offence, and every distinct violation shall be a separate offence. When the commission believes that any violation of the law or orders of the commission is being committed it may bring action to stop the violation by mandamus or injunction, the court proceedings to be as in the case of a common carrier or railroad corporation. If a company brings action to collect charge for gas or electricity and it be established that that charge was in excess of that fixed by statute or the commission, the fact of the excessive charge shall be complete defence to such action. When any corporation supplies gas or electricity to consumers in both districts any application or report under this act shall be made to the commission in the district where it mainly is supplying customers, but either commission shall have full power of regulation in its district. If in any first or second class city there exists or be created a board having jurisdiction over matters relating to gas or electricity it may exercise such power in enforcing the laws of the state and the orders of the commission as may be prescribed by statute or the commission. This act abolishes the Board of Railroad Commissioners, the Commission of Gas and Electricity and the inspectors of gas meters, and vests their powers and duties in the public service commissions; the Board of Rapid Transit ComCommissions missioners, whose duties and powers are transferred to the comAbolished. mission in the 1st District. The records and papers also are transferred to the respective commissions. This shall not affect pending actions or proceedings, which may be defended or prosecuted by the public service commissions. Whenever in any law, contract or document the terms railroad commissioners or gas commissioners or inspectors of gas meters or rapid transit commissioners occur they shall be deemed to apply to the public service commissions. This act took effect July 1, 1907, and carried an appropriation of $150,000 for each commission. It repealed the following acts and parts of acts, together with all other acts amendatory of such acts, and all acts and parts of acts otherwise in conflict with this act; Laws of 1905, Chapter 737; Laws of 1905, Chapter 728; Laws of 1904, Chapter 158; Laws of 1902, Chapter 373; Laws of 1896, Chapter 456; Laws of 1894, Chapter 452; Laws of 1892, Chapter 534; Laws of 1891, Chapter 4, Sections 1, 2 and 3; Laws of 1890, Chapter 565, Sections 150 to 172 inclusive; Laws of 1890, Chapter 566, Sections 62, 63 and 64. Chapter 727, an act approved July 25, 1907, redistricted the state and reapportioned membership in the Senate and the Assembly. No change was made in the number of Assemblymen allowed the various counties under the law of Apportionment. 1906, declared invalid by the Court of Appeals. Queens County was made a separate Senate district, and Richmond County, associated with Queens under the law of 1906, was combined with Rockland. The Senate districts in Kings County were not disturbed. In New York County there was a slight readjustment of boundaries in the districts below 14th street. The districts from the 45th to the 51st in Western New York were also unchanged, as were the 25th, 26th, 28th, 29th, 36th and 38th. The rest of the state was divided so as to give more equable representation according to population. The districts, with their citizen population, will be found on page 373 of this volume. Adultery. A law was passed defining adultery as the sexual intercourse of two persons, either of whom is married to a third person, and making it punishable after September 1 as a misdemeanor, by $250 fine or six months in penitentiary or jail, or both. Marriage Licenses. Marriage licenses issued by the city or county officials, who must record statistics as to contracting parties, parentage, place of residence, age and similar questions, were provided for in a law fathered by Senator Cobb. |