Inspector. Clerks, etc. Oath of office. Eligibility. Principal office. Meetings. Seal. Stationery. mon carriers, supervise the quarterly and annual reports made by them to the Commission, and perform such other duties as the Commission may prescribe; an inspector, who shall be a civil engineer, skilled in railroad affairs; also an inspector, who shall be an expert in electrical affairs; each of whom shall make such inspection of railroads and other matters relating thereto as directed by the Commission, and report to it. The Commission may also employ such additional clerical force as may be necessary for the transaction of its business, and such engineers, accountants, and other experts, whose services they may deem to be of temporary importance in conducting an investigation authorized by law, as said Commission may deem necessary. Section 4. Each Commissioner and every person appointed to office by the Commission shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. No person shall be appointed a member of the Commission, or hold any office, place or position under it, who occupies any official relation to any common carrier, doing business in the State of Pennsylvania or elsewhere, or owns stocks or bonds therein, or who is in any manner pecuniarily interested therein, directly or indirectly; nor shall any member, officer, or employe of the Commission, either personally or through a partner or agent, render any professional services for or against any common carrier subject to the provisions of this act, except as herein provided. Section 5. The principal office of the Commission shall be in the city of Harrisburg, in rooms designated by the Board of Public Grounds and Buildings; and the Commission, or a quorum thereof, shall meet in Harrisburg as often as shall be requisite for the performance of its duties. The Commission shall have an official seal, to be prepared by the Secretary of the Commonwealth; and its offices, upon the requisition of the secretary of the said Commission, shall be supplied with the necessary stationery, office-furniture, and supplies by the Board of Public Grounds and Buildings; and provision for the necessary funds for the same shall be made as an item in the Board of Public Grounds and Buildings fund in the general appropriation bill; and said Commission shall have prepared for it, by the Superintendent of Public Printing and Binding, the necessary books, maps, printing, and stationery for the discharge of its duties, which shall be furnished upon the requisition of its secretary. The Commission may conduct its proceedings in such Quorum, General rules, business and to the ends of justice. A majority of the Commission shall constitute a quorum for the transaction of business; but no Commissioner shall participate in any hearing or proceedings in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as it may determine for the orderly regula eto. tion of proceedings before it, including forms of notices and the service thereof. Any party may appear before said Commission, and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. All examinations or investigations made by the Examinations and Commission may be held and taken by and before any of the Commissioners, by order of the Commission, and the proceedings, recommendations, and decisions of such single Commissioner shall be deemed to be the proceedings, recommendations, and decisions of the Commission when approved and confirmed by it. Record. investigations. rier'' defined. Section 6. The term "common carrier," as used in "Common carthis act, shall apply to all corporations, or any person or persons, within the State, engaged in the transportation of freight or passengers by means of railroads or by water, or partly by railroad and partly by water, including electric railway companies, street railway companies, elevated railway companies, underground, elevated, or subway passenger railway companies, bridges and ferries, when used in connection with the transportation of freight or passengers upon any such railroad or railway; pipe-line companies engaged in the transportation of oil, either by means of pipelines, or by water, or partly by means of pipe-lines and partly by means of railroads or railways, or partly by means of pipe-lines and partly by means of water; sleeping and drawing-room car companies engaged in transporting passengers upon any such railroad; express companies engaged in transporting property upon any such railroad, electric railway, street railway, or by water; and telegraph or telephone companies. Section 7. The Commission shall have power to administer caths in all matters in relation to its duties, so far as necessary to enable it to discharge such duties. It shall have full power and authority to inquire into the management of the business of all common carriers, including freight and passenger rates and tariffs, the equitable distribution of cars, the granting of sidings and regulation of crossings, the location of freightand passenger-stations, the adequacy of facilities for the carriage and transportation of freight and passengers, the use and compensation for cars owned or controlled by persons other than the carrier, and, gener Power and aucommission. thority of the Complaints, Petition. Reparation. Investigation. ally, all matters incident to the performance of their public duties, and their compliance with the provisions of their charters and the laws of the land. Section 8. Any person, firm, corporation, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization, complaining of any thing done or omitted to be done by any common carrier subject to the provisions of this act, in violation of law or of any decision, regulation, or recommendation of the Commission, may apply to the Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same, in reasonable time, to be specified by the Commission. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant, only for the specific violation of law complained of. such common carrier shall not satisfy the complaint, within the time specified, and there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of, in such manner and by such means as it shall deem proper. Said Commission may institute any inquiry of its own motion, in the same manner and to the same effect as though complaint had been made. No complaint shall, at any time, be dismissed because of the absence of Duty of Commis- direct damage to the complainant. The Commission is authorized and empowered, and it shall be its duty, whenever, after full hearing upon a complaint as aforesaid, it shall be of the opinion that any of the rates or charges whatsoever, demanded, charged or collected by any common carrier or carriers subject to the provisions of this act are unjust or unreasonable, or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any provision of law, or that any regulation or practice in respect to transportation is unjust, unfair, or unreasonable, and in violation of law, to decide and recommend what will be the just and reasonable rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged, and what regulation or practice in respect to transportation is just, fair, and reasonable, to be thereafter followed. Inquiry. sion. Decision and recommendation. Participation of ●wner. Section 9. If the owner of property transported by common carriers subject to the provisions of this act, directly or indirectly renders any service connected with such transportation, or furnishes any instrumen shall not be more than is just and reasonable, and the Commission may, after hearing on a complaint, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the service so rendered or for the instrumentality so furnished. Reasonable Right of entry. Examination. Section 10. The Commissioners, or any of them, in the performance of their official duties, or any person in the office of said Commission and specially delegated by the Commission for that purpose, may enter, and remain during business hours in, the cars, offices, and depots, and upon the railroads, of any common carrier, within the State or doing business therein, and may examine the books and affairs of any such common carrier; and in all proceedings before the Commission, under a complaint duly filed, the Commission shall have power to require, by subpoena, the attend. Subpoena. ance and the testimony of the witnesses, and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter embraced within said complaint. subpoena. And in case of disobedience to a subpoena, the Com Disobedience of mission, or any party to a proceeding before the Commission, may invoke the aid of a court of common pleas, within whose jurisdiction the complaint is carried on, in requiring the attendance and testimony of witnesses, and the production of books, papers, and documents, under the provisions of this section. Any of the common pleas courts of this State, within whose jurisdiction such hearing or complaint is being carried on, may, in case of contumacy or refusal to obey a subpoena, issue to any common carrier subject to the provisions of this act, or other persons, an order Order of court. requiring such common carrier or other person to appear before said Commission, and produce books and papers, if so ordered, and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by said court as contempt thereof. dency to incrim The claim that any such testimony or evidence, docu- Claim of tenmentary or otherwise, may tend to criminate the wit- Inate. ness giving such evidence, or subject him to a penalty of forfeiture, shall not excuse such witness from testifying; but no person shall be prosecuted, or subjected to any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena or the subpoena of the said court: Provided, Proviso. 'That no person testifying shall be exempt from prosecution and punishment for perjury in so Perjury. testifying. If such person be an officer or di Absentee. Contempt. Fine. Penalty. Hearing as to proposed change of laws. Drafting of bills. Filing of annual reports of common carriers. Investigation of causes of accidents. rector of a common carrier subject to the provisions of this act, being a party to the proceedings before the Commission, or if any person, being an officer or director of such common carrier, shall absent himself from the jurisdiction of the State, or conceal himself, for the purpose of avoiding service of such subpoena, he shall be adjudged guilty of contempt; and the said court of common pleas may impose a fine, not less than one hundred dollars for each day during the continuance of such refusal or neglect; and if the said court shall find that the neglect or refusal of such witness is occasioned by the advice or consent of such common carrier, in default of payment of said fine the same shall be collected from said common carrier, by an action in the said court of common pleas in any county in the State, as other like fines and penalties are now recovered by law. Imprisonment for contempt shall be by commitment to the county jail of the county in which such hearing is held. Section 11. The Commission may also take testimony upon, and have a hearing for and against, any proposed change of law relating to common carriers, or of the general railroad law, if requested to do so by the Secretary of Internal Affairs, the Legislature, or by the Committee on Railroads of the Senate or House of Representatives, or by the Governor; and may take such testimony, and have such a hearing, when requested by any of said common carriers, corporation, or person interested; and shall recommend and draft such bills as will, in its judgment, protect the interests of the public in connection with common carriers. Section 12. The Commission may require every common carrier, subject to its jurisdiction, to file with it a copy of its annual reports, as filed with the Interstate Commerce Commission of the United States; and as to all common carriers subject to this act, and not subject to the Interstate Commerce Commission, may require that such common carriers file annual reports in the form prescribed by the Commission. Section 13. The Commission shall investigate the cause of any accident on the lines or property of any common carrier, resulting in loss of life or injury to persons, within thirty days of the happening of said accident, when, in their judgment, said accident shall require investigation; and shall advise said common carrier of the result of said investigation, within sixty days from the happening of said accident, and shall include the result of said investigation in their reports. Before making any such examination or inNotice to corpora- vestigation, under this section, reasonable notice shall be given to the corporation, person, or persons, conducting and managing such common carrier, of the tion. |