5. GENERAL PROVISIONS RELATIVE TO SAFETY

11.15 Safety Devices.

In addition to the provisions already set forth, the laws of Connecticut, Massachusetts, Montana, New Mexico, North Carolina, South Carolina, and Wisconsin empower the commission to require the installation of such safety devices as may be necessary to the safety of employes, patrons, and the public, and to promulgate rules and regulations governing the maintenance and use of such devices.

11.16 Opening New Railroad.

In Connecticut, South Carolina, and Wisconsin, no new railroad or street railroad, or branch or extension, may be opened to public travel until it has been inspected by the commission and found to be in a reasonably safe and proper condition for the service.

XII

MISCELLANEOUS POWERS AND DUTIES

1. DUTY TO MAKE REPORTS

12.1

General Provisions.

The Commission shall make and submit to the governor on or before the first day of December of each year, a report containing a full and complete account of its transactions and proceedings for the preceding fiscal year, together with such other facts, suggestions, and recommendations as it may deem of value to the people of the state.-Calif. Gen. Laws, 1920, Act 3775, Sec. 12.

Except as to the date of making the report, the substance of this provision is in effect in:

and in New York and South Carolina similar annual reports to the legislature are required; and in Mississippi and Vermont similar biennial reports to the legislature; and in New Hampshire and Wyoming similar biennial reports to the governor.

12.2 Similar Provisions; Recommendation of Legislation.

In addition to the matter required to be contained in the reports, as above, the laws of Florida, Georgia, North Carolina, and Oklahoma provide that the commission in such reports and

from time to time may recommend such legislation as it may deem advisable, while the law of Minnesota provides that such recommendations shall be made biennially.

12.3 Same; Other Matters.

In Michigan, New Hampshire, South Carolina, and Wyoming, such abstracts of the returns of public utilities subject to the jurisdiction of the commission, as the commission shall make, shall be included in such report, and in Texas the information required of, and furnished by, railroads shall be included in such reports. In Montana the report is required to contain a statement of the number of accidents investigated, and the facts, circumstances, and causes, pertaining to such accidents. In Michigan the report is required to contain the findings, decisions, determinations, and investigations of the commission, together with a financial statement of its operations. In Rhode Island copies of all orders made by the commission shall be included, and in Tennessee the minutes of the meetings of the commission. In Florida an itemized statement of the penalties imposed and fines collected are required to be shown.

12.4 Same.

The laws of Indiana, Iowa, Kansas, Massachusetts, Minnesota, Nebraska, Oregon, South Dakota, and Tennessee provide specifically that the reports shall contain such facts, statements, and explanations as will disclose the practical working of railroad systems in the state, and their relation to the general business and prosperity of the citizens thereof.

12.5 Same.

Iowa:

In addition to the foregoing the report is required by the statute to contain, as to every railroad corporation : (1) amount of its capital; (2) amount of its preferred stock, if any, and the condition of its preferment; (3) amount of its funded debt and the rate of interest; (4) amount of its floating debt; (5) cost and actual present cash value of its road equipment, including permanent way, buildings, and rolling stock, all real estate used exclusively in operating the road, and all fixtures and conveniences for transacting its business; (6) estimated value of all other property owned by it, with a schedule of the same, not

including lands granted in aid of its construction; (7) number of acres originally granted it by the United States or this state in aid of the construction of its roads; (8) number of acres of such land remaining unsold; (9) list of its officers and directors, with their respective places of residence; (10) such statistics of the road and of its transportation business for the year as may, in the judgment of the commission, be necessary and proper for the information of the general assembly, or as may be required by the governor; (11) average amount of tonnage that can be carried over each road in the state with an engine of given power. Without making a detailed comparison as to particular items it may be stated that the laws of Kansas, Nebraska, North Dakota, and South Dakota require the inclusion of similar matters.

12.6 Wisconsin, Oregon, Indiana:

The Wisconsin, Oregon and Indiana laws provide that the commission shall publish annual reports showing its proceedings, and showing in tabular form the details per unit furnished by public utilities, and such monthly or occasional reports as it may deem advisable. Whenever the property of a public utility, actually used or useful for the public, is valued by the commission, such valuation shall be shown in the annual report.

12.7 Additional Matter.

The law of Indiana also provides that the report shall contain such suggestions as to railroad policy or the condition, affairs, or conduct of any railroad corporation as may seem to it appropriate, and such tables and abstracts of all the returns required to be made by railroads as it considers expedient, together with a financial statement of the commission's operations. The law of Oregon authorizes the commission to include any recommendations it may care to make in the laws governing railroads.

12.8 Nevada, West Virginia, Pennsylvania:

The law of Nevada provides that the commission shall make and publish biennial reports of its proceedings; and the law of West Virginia that the commission shall tabulate and publish annually the reports of public service companies in statistical form, together with the acts and proceedings of the commission. The Pennsylvania law provides that the annual report of the commission to the governor shall contain:

First. A record of its meetings and an abstract of its proceedings during the preceding year.

Second. The results of any examinations or investigations made by it.

Third.—Such statements, facts, and explanations as will disclose the actual workings and operations of public service companies in their relation to the business and prosperity of the Commonwealth; and such suggestions as to the general policy of the Commonwealth, or the amendment of its laws in respect to said companies, or the condition, affairs or conduct of any public service company, as may seem to it appropriate.

Fourth.-Drafts of all bills suggested or recommended by it, and the reasons therefor.

Fifth. Such tables and abstracts of the reports of public service companies as it may deem expedient.

Sixth. A statement in detail of the traveling and other expenses and disbursements of the commissioners and their appointees and employes. -Pa. Laws of 1913, P. L. 1374

(as amended), Art. VI, Sec. 48.

12.9 Special Reports.

In Illinois and Oregon the commission is required, on the request of the governor, to make an investigation and render a . report thereon covering any special matter.

2. POWER TO ENTER PREMISES, INSPECT BOOKS, ETC.

12.10 California:

The commission, each commissioner and each officer and person employed by the commission shall have the right, at any and all times, to inspect the accounts, books, papers and documents of any public utility, and the commission, each commissioner and any officer of the commission or any employe authorized to administer oaths shall have power to examine under oath any officer, agent or employe of such public utility in relation to the business and affairs of said public utility; provided, that any person other than a commissioner or an officer of the commission demanding such inspection shall produce under the hand and seal of the commission his authority to make such inspection; and provided, further, that written record of the testimony or statement so given under oath shall be made and filed with the commission.-Calif. Gen. Laws, 1920, Act 3775, Sec. 58.