GENERAL GALUSHA PENNYPACKER MONUMENT COMMISSION. This Commission consists of the Secretary of Property and Supplies, the President of the Pennsylvania Academy of Fine Arts, Philadelphia, and three other persons appointed by the Governor. The Commission annually elects a president and a secretary. It is an advisory commission to cooperate with the Department of Property and Supplies in the construction in Logan Square, Philadelphia, of a Statue of General Galusha Pennypacker. CAMP CURTIN MONUMENT COMMISSION. This Commission consists of seven persons appointed by the Governor and the Secretary of Property and Supplies ex-officio. Annually it elects a president and secretary. It is an advisory body authorized to cooperate with the Department of Property and Supplies in the maintenance and care of the monument of General Andrew G. Curtin, in Camp Curtin Park, Harrisburg. BOARD OF GAME COMMISSIONERS. This is one of the three so-called independent administrative boards and commissions. It consists of six competent citizens of this Commonwealth appointed by the Governor, no two of whom shall be from the same senatorial district. It annually elects a president and vicepresident from among its members and appoints, to serve at its pleasure and, with the approval of the Governor, fixes the compensation of an executive secretary, who need not be a member of the Board, and who is in charge of the administrative work of the Board. The term of members is six years and they receive no compensation for services rendered. The Board of Game Commissioners enforces the game laws of the Commonwealth, issues hunters' licenses and has charge of the State game refuges and all other matters pertaining to the protection and increase of game, wild birds and desirable fur-bearing animals. To assist in enforcing the game laws the Board appoints such number of game protectors at such compensation as the Governor approves and such number of deputy game protectors as the Governor approves. Deputy game protectors do not receive any compensation for services rendered or expenses incurred in the performance of their duties unless specifically employed for special duties by written order of the executive secretary of the Board who is the chief game protector of the Commonwealth and has the direction, supervision and control of the other game protectors. The game laws of the Commonwealth were codified by the Act of May 24, 1923, P. L. 359, in which will be found not only the pro BOARD OF FISH COMMISSIONERS. This also is an independent administrative board. It consists of a Commissioner of Fisheries and seven other citizens of the Commonwealth appointed by the Governor. The Commissioner of Fisheries is the president and executive officer of the Board and the chief superintendent of all hatching stations and fish cultural establishments belonging to the State. Members of the Board are appointed to serve for terms of six years. The primary duty of the Board of Fish Commissioners is to enforce the fish laws. To aid in enforcing these laws the Board is authorized to appoint as many citizens of the Commonwealth as fish wardens as the Governor may approve and to designate one of such wardens as chief warden, to act in that capacity at the pleasure of the Board and to perform such duty as the Board may prescribe. The chief warden has direction and control of the other wardens under the supervision of the Board. All fish wardens hold office during the pleas. ure of the Board and receive such compensation for their services and are allowed such expenses as the Board with the approval of the Governor may determine. Special fish wardens may also be appointed upon written application from a properly organized Fish Protective Association, or upon the written application of any association or individual owning or leasing waters. Special fish wardens appointed upon application have jurisdiction only over the county in which the application is made, but the Board also has the power to appoint special fish wardens to act anywhere within the Commonwealth. Appointments of special fish wardens expire on the thirty-first day of May next succeeding their appointment. Special fish wardens cannot receive any salary, compensation or expenses from the Commonwealth unless detailed in writing for duty by the Commissioner of Fisheries, in which case they receive such compensation and expenses as the Board with the approval of the Governor may determine. The Board of Fish Commissioners has control over all hatching stations and fish cultural establishments belonging to the Commonwealth, and is authorized to make free distribution or planting of the fish produced in such hatcheries in the following order or preference: 1. To the public waters of the State within State forests; 2. To the public school authorities and to persons connected with institutions of learning, who may apply for the same for educational purposes or for scientific research, and to persons applying for fishing cultural for aquarium purposes and show ponds; 3. To the waters within the Commonwealth, the bed and banks of which are privately owned upon written application of one or more of the owners or lawful occupants thereof; and 4. To the waters within this Commonwealth, the bed and banks of which are the subject of private ownership, but whose owners are non-residents and unknown, or whose owners by habit and custom permit the public to fish therein. The Board also has the power to set aside small streams and lakes as nursery streams or lakes in which fishing shall be prohibited at all times in the year. Before exercising this power appropriate public notice of its intention so to do must be given by advertisement and by posting. The Board also has jurisdiction to require the erection of fishways around dams and to take appropriate steps to see that they are properly maintained. It also has power to require the maintenance of bar racks to prevent fish from being drawn into raceways, flumes or inlet pipes leading to water wheels, turbines, pumps or canals. Fishermen's licenses are issued under the supervision of the Board. The powers of fish wardens in enforcing the fish laws are enumerated in Section 2606 of the Administrative Code. PUBLIC SERVICE COMMISSION. The Public Service Commission of the Com'monwealth of Pennsylvania was created by the Act approved July 26, 1913, P. L. 1374. This statute became effective on January 1, 1914, and abolished the Pennsylvania State Railroad Commission. Cases pending before the Railroad Commission were transferred the Public to Service Commission. The Commission is composed of seven members appointed by the Governor, subject to the approval of the Senate, each for terms of ten years unless the appointment be made to fill a vacancy, when the appointment is made for the unexpired term. The present terms end on July 1, 1927, 1928, 1929, 1930, 1931, 1932 and mon carriers; the granting, construction, operation, or discontinuance of switches, sidings and crossings; the construction, operation, or discontinuance of switch or other connections with or between lines of railroad or street railway corporations; the location or abolition of freight and passenger stations, wharves, docks or piers; the use and compensation for cars owned or controlled by persons other than the carrier; the safety, adequacy, and sufficiency of the facilities, plant, and equipment for the carrying on of their business by said public service companies; the quantity or quality of water, gas, electricity, or light, heat or power, supplied; and, to a certain extent, the issuing of stocks, trust certificates, bonds, notes, or other securities by public service companies. The Commission has no power to establish through routes or joint rates for the transportation of passengers over street railways, elevated railways or subways. To Order Adequate Service. Whenever the Commission shall determine, after hearing, that the service, facilities, rules, regulations, practices, or classifications of any public service company, are unsafe, inadequate, insufficient, unjust, unreasonable, or discriminatory, the Commission shall determine the just, reasonable, safe, adequate, and sufficient service, facilities, rules, regulations, or Practices thereafter to be put in force, observed, rendered, used, or furnished in the performance of its public duties by said public service company or companies. Improvement in Facilities. 1933. Each Commissioner at the time of his appointment and qualification must be a resi dent of the State and a qualified voter therein for a period of at least one year and must be The Commission may, after hearing, estabnot less than thirty years of age. The Chair-lish such standards of facilities and service of man of the Commission is designated by the Governor. Four members constitute a quorum of the Commission and no action may be taken by the Commission except by the affirmative vote of four members. public service companies as shall be reasonably necessary for the safety, accommodation or convenience of its patrons, employes and the public, and require every public service company affected thereby to conform to such stand The Commission has power after hearing to require public service companies to make all such repairs, changes, alterations, additions, extensions and improvements in and about their facilities and service as may be reasonably necessary and proper. No person may be a member of the Commis-ards. sion or an employee thereof who occupies any official relation to any public service company doing business within this Commonwealth or who holds any other appointive or elective office of the Commonwealth or any municipality thereof. No Commissioner shall, during his term, be a candidate for any such office. The Attorney General is the general counsel of the Commission. He appoints an attorney as Counsel for the Commission. Definition of Public Service Companies. The term "Public Service Company," used in the statute, includes all railroad, canal, street railway, stage line, express, baggage transfer, pipe line, ferry, pullman car, dining car, tunnel, turn pike, bridge, wharf, incline plane, grain elevator, telegraph, telephone, natural gas, artificial gas, electric, water, water-power, heat, refrigerating, sewage and common carrier corporations and all persons engaged for profit in the same kind of business within this Commonwealth. General Powers of Commission. The Commission has general administrative power and authority to supervise and regulate all public service companies doing business within this Commonwealth. Said power and authority includes the power to inquire into and regulate the service and charges of all public service companies, including individual and joint rates; the making of repairs, alterations, and improvements in and to such service as shall be reasonably necessary for the accommodation or safety of its patrons, employes, and the public; the granting of transfer to or from one part of the system of the same common carrier to another part; the routing of the lines of street railways; the just and equitable distribution of trains, cars, vehicles, and motive power, or other facilities, of all com To Fix Rates. Every public service company is required to file with the Public Service Commission and to post in its offices the rates charged by it. Whenever the Commission shall determine after hearing that the rates charged or collected are unjust, unreasonable. inadequate or unjustly discriminatory or unduly or unreasonably preferential, in favor of or against any particular person, corporation, locality or any particular kind or description of traffic or service, then the Commission shall determine and prescribe the maximum rates to be thereafter charged or collected. Rates on file with the Commission cannot be changed by a public service company without posting and filing notice of the change thirty (30) days before its effective date. If complaint is made to or by the Commission before the effective date the Commission may hold hearings at which the burden of proof shall be upon the public service company. If complaint is made after the effective date the burden of proof is upon the complainant. In either case the Commission can fix the reasonable rates to be charged. No rate fixed by the Commission can be three changed within years without the approval of the Commission having first been secured. Through Routes and Joint Rates. The Commission has power to require railroad corporations and street railway corporations to construct and maintain switch or other connections with, or between, the lines of other companies of the same character. It may establish through routes and joint rates for the convenience of persons and property over the lines of different railroads; provided, that it shall not require any railroad company without its consent to embrace in such through route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction therewith unless to do 80 would make such through route unreasonably long. The Commission may apportion among the railroad companies the cost of construction, maintenance and operation of connections and may apportion the joint rates. The Commission may require any street railway corporation or incline plane corporation to transfer passengers to or from any other part of its system and to make proper and convenient arrangement of its time schedules to accomplish this purpose and also to adjust its time schedules with those of other contiguous or connect ing street railway corporations or incline plane corporations, but it may not establish joint rates or through routes for the transportation of passengers over street railways, elevated railways or subways. The Commission may require any telegraph company to permit any other telegraph company to connect its lines of telegraph with the lines of such first named company, and interchangeably to receive dispatches from and for each other. It may fix the proportion of the charge to which each such company is entitled. Whenever two or more telephone companies, whose lines form continuous line of munication, or can be reasonably made to do so, between different localities which are not reached by the lines of either company alone, the Commission may require such connection to be made and may prescribe the joint rates to be charged and apportion them among the companies concerned. a Reparation. com The Commission has no power to prevent, pending its investigation, an increase in rates unless made within three years of a prior determination. It may require where notice of an increase is filed that the company making the increase in its rates shall furnish to its patrons a certificate or other evidence of payments made by them in excess of the prior established rates. If the Commission shall determine that the rates collected or any regulations, classifications or practices in relation to service rendered were unjust, unreasonable, unjustly discriminatory or unduly or unreasonably preferential or that the rates collected were in excess of the tariffs on file, the Commission upon petition has power to make an order of reparation directing the payment to the complainant petitioner of the amount of damages sustained, provided the complaint or petition shall have been filed within two years from the time when the cause of action accrued. A suit for the enforcement of an order directing such payment may be filed in the proper court of common pleas within one year from the date of the order. Organization of Corporations. The approval of the Commission must be obtained before any public service company can be incorporated or can secure any additional rights, powers, franchises, or privileges by any amendment or supplement to its charter or otherwise. Like approval is required before any foreign public service company may obtain the right to do business within this Commonwealth. Where mergers of public service companies are permitted by law the approval of the Commission is necessary before such merger is effective. No public service company may sell, assign, transfer, lease, consolidate, or merge its property, powers, franchises, or privileges, or any of them, to or with any other corporation or person without having secured the approval of the Commission. No person or individual may begin to exercise any right, power, franchise, or privilege as a public service company under any ordinance, municipal contract, or otherwise until the approval of the Commission has been secured. Service by Municipalities. The approval of the Commission must be secured before any municipal corporation may acquire, construct or begin to operate any plant equipment or other facilities for the rendering or furnishing to the public of any service of the kind or character already being rendered or furnished by any public service company within the municipalities. However, such approval is not necessary for a municipality to continue the operation of a municipal plant or to extend the same within the territory of such municipal corporation or any part thereof which is not then being supplied by a public service company rendering or furnishing service of a like kind or character. Interstate Commerce. The Commission has power to regulate interstate commerce, either alone or in conjunction with Commissions of other states, whenever permitted to do so by the Constitution or sta tutes of the United States. The Commission may investigate the interstate rates and service of common carriers within this Commonwealth and may apply to the Interstate Commerce Commission for relief whenever it determines that such rates or service are unjust, discriminatory or illegal. Security Issues. Before any public service company may issue securities, payable more than one year after the date thereof, it must file with the Commission a certificate of notification. This certificate shall contain such information as the Commission may desire. The Commission may give such publicity to the facts contained therein as is desirable. If it so desires, any public service company may apply to the Commission for a certificate of valuation. Any misstatements in the certificate of notification or the application for a certificate of valuation are subject to penalty. Any use of funds for a purpose different from that stated in the certificate of notification is punishable by fine and imprisonment. The Commission may investigate any issue of securities by a public service corporation and if it determines that such securities were issued in violation of law, it may certify the record to the Attorney General to institute in the name of the Commonwealth such proceedings in equity or law, civil or criminal, as may be necessary or proper to enforce the law and to restrain and prevent such public service company from consummating or continuing any act alleged to have been done or to be contemplated in violation of the provisions or requirements of the Constitution or laws of the State. The Commission has power to require public service companies to report or account to the Commission for the disposition and application of the proceeds of all sales or pledges of securities. Facility Crossings. The Commission has exclusive power to determine, order and prescribe, in accordance with plans and specifications to be approved by it, the just and reasonable manner including the particular point of crossing in which tracks or other facilities of any public service company may be constructed across the tracks or other facilities of any other public service company at grade or above or below grade or at the same or different levels. No such crossing shall be constructed without the approval of the Commission evidenced by its certificate of public convenience first had and obtained. But the Commission may issue general rules prescribing the terms and conditions under which such crossings may be constructed, operated, main- be paid by the Commonwealth, said part or tained, or protected without the particular portion not to exceed what it would cost to approval of the Commission. The Commission has exclusive power after hearing to order any such crossing to be relocated, altered or abolished. Highway Crossings. construct a bridge to span the stream at the point where said structure is to be built. The contract for construction of said bridge shall be subject to the approval of the Board of Public Grounds and Buildings and the Commonwealth's share of the cost shall be paid from any appropriations made to said board for the rebuilding of county bridges. Accidents. The Commission has exclusive power to determine, order and prescribe the manner including the particular point of crossing in which the tracks or other facilities of any railroad corporation or street railway corporation may be Every public service company must give imconstructed across any public highway at grade mediate notice to the Commission of the hapor above or below grade; or in which any pub-pening of any accident in or about, or in conlic highway may be constructed across the nection with the operation of its property, tracks or other facilities of any railroad corporation or street railway corporation at grade or above or below grade, and to determine, order and prescribe the terms and conditions of installation and operation maintenance and protection of all such crossings which may now or hereafter be constructed, including the stationing of watchmen thereat or the installation and regulation of lights, signals, safety appliances or such other means or instrumentalities as may to the Commission appear reasonable and necessary. No such crossing shall be constructed without the approval of the Commission first had and obtained but in no case shall the approval or consent of any court, board or other commission or officer or of any municipality be necessary therefor. Abolition of Grade Crossings. or ap The Commission has exclusive jurisdiction to order any such existing crossing to be relocated, altered abolished according to plans proved by and upon terms and conditions prescribed by the Commission. The Commission may lay out new highways or abandon former highways where it is advisable because of the construction, relocation or abandonment of any such crossings. The compensation for damages which owners of adjacent property taken, injured or destroyed by reason of the construction, relocation, alteration or abolition of any such crossings may be ascertained by the Commission. Such compensation shall be paid by the public service company or municipal corporation or by the Commonwealth in such proportions as the Commission may determine unless such proportions are mutually agreed upon and paid by those interested. An appeal from the determination of damages by the Commission may be taken to the court of common pleas of the proper county. The Commission may determine the proportions of the cost of any such construction, relocation, alteration or abolition which shall be borne by the Commonwealth, the public service companies and the municipalities concerned, provided that where the order of the Commission requires as incidental thereto relocation, changes in, or the removal of any adjacent structures, equip ment or other facilities of any telegraph, telephone, gas, electric light, water power, water pipe line, or other public service company. said company shall at its own expense make such necessary changes. Wherever necessary in order to eliminate grade crossing the Commission may order and direct that a viaduct be built over, above and across railroad tracks, rivers, and streams and to apportion the cost, expense and maintenance thereof. County Bridges. Where it is desired to construct a bridge over a navigable stream at the expense of the Commonwealth, to construct a county bridge destroyed by flood or other casualty and the Commission may direct that such bridge be so constructed as to eliminate grade crossings over railroad or railway tracks, the Commission may direct that a certain part or portion of the cost of constructing sald bridge shall facilities, or service, wherein any person shall have been killed or injured, and furnish such full and detailed report of such accident, within such time and in such manner as the commission, shall, by general rule or special order, or otherwise, require. The Commission shall appoint an investigator of accidents whose duty it shall be to have charge of the investigation of and to investigate subject to the orders and direction of the Commission the cause of any accident in or about, or in connection with the operation of property, facilities, or service of any public service company wherein any person shall have been killed or injured or property shall have been destroyed or injured and to make a full and complete report thereon to the Commission. He shall also collate and tabulate all data, statistics and other pertinent information for the use of the Commission and to make an annual report of such investigations to the Commission with recommendations as to means or methods whereby such accidents may be averted and to perform all other duties concerning said accidents as the Commission may deem advisable for the promotion of safety of "atrons and employes of public service companies and of the saftey and welfare of the "ublic. Such reports, statistics, data, or information shall not be open for public inspection except by order of the Commission and shall not be admitted in evidence for any purpose of any suit for damages growing out of any matter or thing mentioned therein. Inspection. It may The Commission shall at all times have access to all accounts, records and memoranda kept by public service companies and may designate any of its officers or employes who shall thereu on have authority to inspect and examine any such accounts, records and memoranda. require the making and filing with it of all reports, records, maps, documents, data and information whenever it deems the same necessary or proper in the public interest or to carry out the provisions of the law. Where any municipal corporation is engaged in rendering or furnishing to the public any service of the kind or character rendered or furnished by public service companies the Commission may inspect the accounts, etc.. of such municipal corporation. The Commission has similar power to enter upon the property of any public service company and make any inspection, valuation, physical examination, inquiry or investigation of any and all of its plant and equipment. Systems of Accounts. The Commission may establish a system of accounts to be used by public service companies and may also prescribe the manner and form in which accounts, records and memoranda shall be kept by such companies. It may classify public service companies and prescribe the system of accounts to be adopted and used by each class and may subdivide each class according to the volume of business transacted or otherwise. It may require that no expenditures shall be charged to any operating account that should properly be charged to the capital account If the Commission shall find it necessary and proper to the rendering of reasonably safe and adequate or sufficient service, it may make an order, requiring all common carriers to revise and change the time schedules of such common carriers; to alter the running time of trains, cars. vehicles, or boats, or changes in the routes of street railway lines or systems; or regulating or requiring the furnishing and distribution of cars, trains, vehicles, boats, motive power, or other facilities, without undue or unreasonable discrimination or preference between shippers, localities, or competitive or non-competitive points; and the switching, loading and unloading of said trains, cars, vehicles, boats or other facilities; the weighing or billing of cars and the property offered for shipment; or regulating demurrage charges, track-storage charges, package-room or baggage-room charges and package or baggage transfer rates and charges; and generally, to make such other arrangements and improvements in service and facilities as shall be just and reasonable, having due regard to the needs of the public under the circumstances presented. shall be given only if and when the said Commission shall find or determine that the granting or approval of such application is necessary or proper for the service, accommodation, convenience, or safety of the public. Fees. The Commission shall charge and collect fees for filing papers and for copies of official orders, documents, papers, records, etc. Fees shall also be charged and collected for testing meters and other instruments of precision and measuring apparatus which public service companies are required to maintain. The amount of said fees is fixed by statute. The fees for service of subpoena and other process are the same as may be prescribed by law for similar service. Procedure. The Commission may issue orders on matters within its jurisdiction after hearing had upon petition, complaint or upon its own motion. Any investigation, inquiry, or hearing which the Commission has power to undertake or hold may be undertaken or held by or before any une or more of the Commissioners, upon condition, however, that such Commissioner or Commissioners shall have been authorized by the Commission to undertake or hold such investigation, inquiry or hearing. All investigations, inquiries, or hearings, before or by any such Commissioner or Commissioners, shall be, and be deemed to be, the investigations, inquiries, and hearings of the Commission. Any determination, ruling or order of a Commissioner or Commissioners upon any such investigation, inquiry or hearing undertaken or held by him or them shall not become and be effective until approved and confirmed by at least a quorum of the Commission and ordered to be filed in its sion. office. Upon such confirmation and order, such Certificates of Public Convenience. When application shall be made to the Commission by any proposed public service company for the approval by said Commission of its incorporation, or organization, or creation; or by any public service company for the approval by the Commission of the renewal of its charter, or the obtaining of any additional rights, powers, franchises or privileges by any amendment or supplement to its charter, or otherwise; or for permission from the Commission to begin the exercise of any right, power, franchise, or privilege; or for the approval by the Commission of the sale, assignment, transfer, lease, consolidation, or merger of any of its powers, franchises, or privileges with any other corporation or person; or when application shall be made to the Commission by any public service company for the approval by the Commission of the purchase, acquisition, taking, or bolding, either in absolute ownership or in pledge or as collateral security, directly or indirectly, of any controlling right, title, or interest, legal or equitable, to or in the capital stock, trust certificates, bonds, or other evidences of indebtedness or other securities, or other controlling right, title, or interest whatsoever, in any other public service company; or when application shall be made to the Commission by any telegraph corporation, or person or persons engaged in the public telegraph business, for the approval by the Commission of the connection of its or his lines of telegraph with the lines of any other such telegraph corporation, or person engaged in the public telegraph business; or when application shall be made to the Commission by any telephone corporation, or person engaged in the public telephone business, to connect, use, and interchange its or his lines, facilities, and service with the lines, facilities, and service of any other such telephone corporation, or person engaged in the public telephone business; and for the determination by the Commission of the just compensation, terms, and conditions of such connection, use and interchange; or when application shall be made to the Commission for the approval of the construction, alteration, relocation, or aboli- Whenever the Commission shall be of the tion of any crossing at grade, or above or opinion that any public service company is below grade; or when application shall be made violating or is about to violate any provision to the Commission by any public service com- of this act; or has done or is about to do pany for any approval by it; or when applica- any act, matter, or thing herein prohibited tion shall be made to the Commission by any or declared to be unlawful; or has failed, municipal corporation for the approval required omitted, neglected, or refused, or is about to by the provisions of the act, such approval in fail, omit, neglect, or refuse, to perform any each and every such case, or kind of application, duty enjoined upon it by this act; or has In addition to the foregoing expressly enumerated powers, the Commission shall have full power and authority, and it shall be its duty, to enforce, execute, and carry out, by its orders, rulings, regulations, or otherwise, all and singular the provisions of articles two and three of the act, relating, respectively, to the duties, limitations, and to the creation and the powers, and limitations of the powers, of public service companies; and all, and singular, the other provisions of the act, and the full intent thereof; and shall have the power to rescind or modify any such orders, rulings, or regulations. All hearings before the Commission or before shall any Commissioner, be public; and all hearings, investigations, and proceedings by the Commission shall be governed by such rules as shall be adopted and prescribed by the Commission. Enforcement of Orders. |
