§ 46. Reports of common carriers, railroad corporations and street railroad corporations; *[forfeiture for failure to file reports as required; with which commission reports should be filed].- Each commission shall prescribe the form of the annual reports required under this act to be made by common carriers, railroad and street railroad corporations, and may from time to time make such changes therein and additions thereto as it may deem proper; provided, however, that if any such changes or additions require any alteration in the method or form of keeping the accounts of such corporations, the commission shall give to them at least six months' notice before the expiration of any fiscal year of any such changes or additions, and on or before June thirtieth, in each year, shall furnish a blank form for such report. The contents of such report and the form thereof shall conform as near as may be to that required of common car.iers under the provisions of the act of congress, entitled "An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and the act amendatory thereof approved June twenty-ninth, nineteen hundred and six, and other amendments thereto. The commission may require such report to contain information in relation to rates or regulations concerning fares or freights, agreements or contracts affecting the same, so far as such rates or regulations pertain to transportation within the state. When the report of any such corporation is defective, or believed to be erroneous, the commission shall notify the corporation to amend the same within thirty days. The originals of the reports, subscribed and sworn to as prescribed by law, shall be preserved in the office of the commission. The commission may also require such corporations to file monthly reports of earnings and expenses within a specified time. The commission may require of all such corporations specific answers to questions upon which the commission may need information. The annual report required to be filed by a common carrier, railroad or street railroad corporation shall be so filed on or before the thirtieth day of September in each year. The commission may extend the time for making and filing such report for a period not exceeding sixty days. If such corporation shall fail to make and file the annual report within the time above specified, or within the time as extended by the commission, or shall fail to make specific answer to any question, or shall fail to make the monthly reports when required by the commission as herein provided, within thirty days from the

• Words in brakets are not a part of section heading as enacted.-ED.

time when it is required to make and file any such report or answer, such corporation shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such report or answer. Such forfeiture shall be recovered in an action brought by the commission in the name of the people of the state of New York. The amount recovered in any such action shall be paid into the state treasury and credited to the general fund. Any railroad corporation operating a line partly within the second district and partly within the first district shall report to the commission of the second district; but the commission of the first district may, upon reasonable notice, require a special report from such railroad corporation. Any street railroad corporation operating a line partly within the first district and partly within the second district shall report to the commission of the first district; but the commission of the second district may, upon reasonable notice, require a special report from such street railroad corporation.

Reports by carriers to Interstate Commerce Commission,- see Interst. Com. Act, § 20, post, Appendix B.

Reports of carriers to former Board of Railroad Commissioners,— see N. Y. R. R. L., §§ 57, 158.

As to territorial jurisdiction of Commissions of the first and second districts, generally,- see ante, § 5.

Power of Commission to establish a uniform system of accounts and prescribe the manner in which such accounts shall be kept,see post, § 52.

Actions to recover forfeitures for failure to file annual reports,― see post, 59,

Annual and special reports by gas and electrical corporations,- see post, § 66, subd. 6.

General power of the state to regulate property devoted to public use,

see ante, § 1, notes [1]-[22].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. General rules of statutory construction,- see ante, § 1, notes [23]-[40].

Purpose of regulative acts,- see ante, § 1, note [32].

Who are common carriers,- see ante, § 2, notes [2]-[7].

What constitutes a railroad or street railroad,- see ante, § 2,

note [8].

Effect of receivership on power to regulate,- see ante, § 2, note [15]. Effect of vacancies on power of commission, see ante, § 4, note [5].

Validity of commission plan of regulation,- see ante, § 4, note [14]. Commission not bound by technical rules of procedure,- see ante, § 20, note [1].

Immunity of witnesses,- see ante, § 20, notes [2]-[9].

Whether requiring interstate carriers to file reports is a regulation of interstate commerce,― see ante, § 25, note [16].

The report of a railroad to the state commission is competent evidence against such railroad.- Seaboard Air L. R. Co. v. Florida, 203 U. S. 261, 27 Sup. Ct. R. (U. S.) 109, affg. s. c. 48 Fla. 129, 37 So. 314, and 48 Fla. 150, 37 So. 658.

It may well be doubted whether a railroad company can rely, as evidence in its own behalf, upon a report made and filed by it.- Seaboard Air L. R. Co. v. Florida, 203 U. S. 261, 27 Sup. Ct. R. (U. S.) 109, affg. s. c. 48 Fla. 129, 37 So 314, and 48 Fla. 150, 37 So. 658.

Where a railroad has rendered a report to a commissioner of railroads as to its net and gross receipts from intra-state commerce, and the commissioner has ordered the company to put into effect a schedule of rates based on such report, the burden is on the company of showing that such report erred in purporting to include only intra-state traffic, but did in fact include interstate traffic, and hence was not a proper basis of computation.- Commissioner of Railroads v. Wabash R. Co., 123 Mich. 669, 82 N. W. 526; affd. 126 Mich. 113, 85 N. W. 466.

An act requiring railroad corporations to file reports and certain information with the state railroad commission will not be construed not to apply to foreign corporations or interstate corporations doing business in the state. Such a requirement is not a regulation of interstate commerce, and is within the power of the state, even though Congress has made similar requirements as to interstate carriers.People v. Ch. I. & L. R. Co., 223 Ill. 581, 79 N. E. 144.

A state may require a railroad to make quarterly returns of its receipts and expenditures, to a commission, and make false swearing in any such returns perjury.- Stone v. Yazoo & M. V. R. Co., 62 Miss. 607.

A private relator cannot use the name of the state in a suit to enforce the statutory penalties against a railroad for refusing to file a report, as required by law.-State ex rel. Hodge v. Marietta & N. G. R. Co., 108 N. C. 24, 12 S. E. 1041.

§ 47. Investigation of accidents; *[notice of happening of accidents].- Each commission shall investigate the cause of all accidents on any railroad or street railroad within its district which result in loss of life or injury to persons or property, and which in its judgment shall require investigation. Every common carrier, railroad corporation and street railroad corporation is hereby required to give immediate notice to the commission of every accident happening upon any line of railroad or street railroad owned, operated, controlled or leased by it, within the territory over which such commission has jurisdiction in such manner as the commission may direct. Such notice shall not be admitted as evidence or used for any purpose against such common carrier, railroad corporation or street railroad corporation giving such notice in any suit or action for damages growing out of any matter mentioned in said notice.

Reports to Interstate Commerce Commission as to accidents,— see Interst. Com. Act, § 20, post, Appendix B.

Investigation of accidents by former Board of Railroad Commissioners, see N. Y. R. R. L., § 159.

All documents in the possession of each Commission public records, see ante, § 16.

Actions by aggrieved persons for loss or damage caused by failure to comply with provisions of this Act,-see ante, § 40. Power of Commission to prescribe form of special reports by carriers,- see ante, § 46.

Power of Commission to order safe regulations, appliances, etc., generally,- see post, § 49.

Power of Commission to order repairs or changes in tracks, motive power, etc., to promote the security of service,- see post, § 50. Investigations by Commission generally,—see ante, § 45, subdiv. 2; post, § 48.

General power of the state to regulate property devoted to public use, see ante, § 1, notes [1]-[22].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. General rules of statutory construction,- see ante, § 1, notes [23]-[40].

Who are common carriers,- see ante, § 2, notes [2]-[7].

What constitutes a railroad or street railroad,- see ante, § 2.

note [8].

Effect of receivership on power to regulate,- see ante, § 2, note [15]. Effect of vacancies on power of commission,- see ante, § 4, note [5].

Words in brackets not a part of section heading as enacted.-Ed.

Validity of commission plan of regulation,-see ante, § 4, note [14]. Where hearings will be held,- see ante, § 19, note [1].

Compelling production of books and papers,- see ante, § 19, notes [3]-[6].

Punishment of witnesses for contempt,— see ante, § 19, notes [7]-[12]. Commission not bound by technical rules of procedure,- see ante, § 20, note [1].

Immunity of witnesses, see ante, § 20, notes [2]-[9].

An accident" is an event that takes place without one's foresight or expectation, resulting in injury to person or property.- Supreme Council v. Garigus, 104 Ind. 133, 3 N. E. 818.

A state may require a railroad to give notice to a commission of any accident to a train, etc., attended with serious injury to any person. Stone v. Yazoo & M. V. R. Co., 62 Miss. 607.

One section of a Vermont statute authorized the Board of Railroad Commissioners to investigate the causes of accidents, and another authorized issuance of orders as to changes to facilitate public safety, etc. The Board gave notice to a railroad of its intention to investigate, under the first section but not of its intent to consider issuing orders under the second section.-Held, that an order issued at a hearing pursuant to such notice is void.—In re Rutland R. Co., 79 Vt. 53, 64 Atl. 233.

The word "accident" includes the result of human fault held to be actionable negligence. It is not used, ordinarily, as synonymous with mere accident or purely accidental," or any similar term, but the opposite thereof.- Ullman v. Ch. & N. W. R. Co., 112 Wis. 150, 88 N. W. 41, 56 L. R. A. 246.

§ 48. Investigations by commission; *[procedure on complaints; making of orders].-1. 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.

2. Complaints may be made to the proper commission by any person or corporation aggrieved, by petition or complaint in writ

*Words in brackets not a part of section heading as enacted.-Ed.