tive, in their nature.- Metropolitan Board of Health v. Heister, 37 N. Y. 661.

The powers vested in the Commissioners of Pilots of New York harbor, being discretionary, are judicial in their nature.- Board of Comrs. of Pilots v. Vanderbilt, 31 N. Y. 265, affg. 2 Robt. (N. Y.) 367.

Greater N. Y. Ch., § 119, authorizing commissioners of accounts appointed by the mayor to examine the accounts of municipal officers, and take testimony under oath, is not void as conferring judicial powers.— Matter of Hertle (In re Ahearn), 120 App. Div. (N. Y.) 717, 105 N. Y. 1022.

The action of the N. Y. Board of Railroad Commissioners, under N. Y. R. R. L., § 100, in permitting a railroad to change its motive power, was not legislative, since it was not law-making in its nature. It was not executive or ministerial, because the statute does not prescribe that the board shall approve the application or disapprove it, according as certain consents shall be given or withheld, or certain formal proofs made or left unmade; but it was judicial because the statute makes the board a tribunal to hear and determine the matter.- People ex rel. Babylon R. Co. v. Board of R. R. Comrs., 32 App. Div. (N. Y.) 179, 62 N. Y. Supp. 908; affd., 158 N. Y. 711, 53 N. E. 1129.

An act empowering the N. Y. Board of Railroad Commissioners to grant certificates of necessity, is not an assumption of judicial power by the legislature, nor is it void as conferring judicial power on an administrative board.- People v. Ulster & D. R..Co., 58 Hun (N. Y.), 266, 12 N. Y. Supp. 303.

Giving the inspector of factories the discretion as to the number, location, construction, etc., of fire escapes on buildings, does not render the Illinois Act of 1897 unconstitutional, as delegating judicial power to an administrative officer.-- Arms v. Ayer, 192 Ill. 601, 61 N. E. 851, 58 L. R. A. 277.

The act of setting aside a rate complained of, and fixing another, upon evidence introduced, upon a complaint filed, is the exercise of a quasijudicial power.- Chicago, I. & L. R. Co. v. R. R. Commission, 38 Ind. App. 439, 78 N. E. 338.

An act creating a state railroad commission and authorizing it to fix rates is not invalid because it delegates to a non-judicial body the duty of hearing and collecting the evidence on which a court is to render a decision. Chicago, I. & L. R. Co. v. R. R. Commission, 38 Ind. App. 439, 78 N. E. 338.

The fixing of rates is a legislative function, but the determination of the question whether such rates are reasonable, is a judicial function, by virtue of the constitutional guaranty that no one shall be deprived of property without due process of law. Steenerson v. Gt. Northern R. Co., 69 Minn. 353, 72 N. W. 713.

The passing of an act fixing the maximum rates to be charged by railroads is not a usurpation of judicial authority by the legislature.Blake v. Winona & St. P. R. Co., 19 Minn. 418; affd., 94 U. S. 180.

[20] Whether statutes delegate legislative, executive or judicial power.

See also, ante, notes [19], [20].

The Interstate Commerce Act is not unconstitutional as attempting to vest judicial powers in the Interstate Commerce Commission, as that law does not purport to deprive the courts of their jurisdiction at the suit of a shipper to ultimately determine the question of the reasonableness or unreasonableness of a rate.-U. S. v. Standard Oil Co., 155 Fed. 305.

The statute of Florida creating the state railroad commission vests it with executive, legislative and quasi-judicial powers.- Louisville & N. R. Co. v. Brown, 123 Fed. 946.

The act creating the state Board of Railroad Commissioners conferred on it judicial powers.- People v. N. Y. L. E. & W. R. Co., 104 N. Y. 58, 9 N. E. 856.

The Rapid Transit Act of 1875 does not delegate legislative power to the Board of Rapid Transit Commissioners.— Matter of Gilbert El. R. Co., 70 N. Y. 361, 3 Abb. N. C. (N. Y.) 434, affg. 9 Hun (N. Y.) 303.

§ 5. *[Territorial] Jurisdiction of commissions; *[powers of Board of Rapid Transit Railroad Commissioners vested in commission of the first district]. The jurisdiction, supervision, powers and duties of the public service commission in the first district shall extend under this act:

1. To railroads and street railroads lying exclusively within that district, and to the persons or corporations owning, leasing, operating or controlling the same.

2. To street railroads any portion of whose lines lies within that district, to all transportation of persons or property thereon within that district or from a point within either district to a point within the other district, and to the persons or corporations owning, operating, controlling or leasing the said street railroads; provided, however, that the commission for the second district shall have jurisdiction over such portion of the lines of said street railroads as

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

lies within the second district, and over the persons or corporations owning, operating, controlling or leasing the same, so far as concerns the construction, maintenance, equipment, terminal facilities and local transportation facilities of said street railroads within the second district.

3. To such portion of the lines of any other railroad as lies within that district, and to the person or corporation owning, leasing, operating or controlling the same, so far as concerns the construction, maintenance, equipment, terminal facilities and local transportation facilities, and local transportation of persons or property within that district.

4. To any common carrier operating or doing business exclusively within that district.

5. To the manufacture, sale or distribution of gas and electricity for light, heat and power in said district, and to the persons or corporations owning, leasing, operating or controlling the same.

6. And in addition thereto, the commission in the first district shall have and exercise all powers heretofore conferred upon the board of rapid transit railroad commissioners under chapter four of the laws of eighteen hundred and ninety-one, entitled "An act to provide for rapid transit railways in cities of over one million inhabitants," and the acts amendatory thereto.

All jurisdiction, supervision, powers and duties under this act not specifically granted to the public service commission of the first district shall be vested in, and be exercised by, the public service commission of the second district, including the regulation and control of all transportation of persons or property, and the instrumentalities connected with such transportation, on any railroad other than a street railroad from a point within either district to a point within the other district.

General jurisdiction of the Interstate Commerce Commission,- see Inters. Com. Act, § 1, post, Appendix B.

General jurisdiction of former Commission of Gas and Electricity,— see N. Y. Gas & El. Com. Act, § 9.

General powers of former Board of Railroad Commissioners,- see N. Y. R. R. L., § 157.

General powers of former Board of Rapid Transit Railroad Commissioners, see N. Y. Rap. Tr. Act, § 1, post, Appendix A. Principal offices of the respective Commissions,- see post, § 10.

A railroad operating a line partly within each district makes its annual report to the Commission of the second district,- see post, § 46.

A street railroad operating a line partly within each district makes its annual report to the Commission of the first district,— see post, § 46.

Jurisdiction of Commissions for granting certificates of necessity to railroad and street railroad corporations,-see post, § 53. Jurisdiction of Commissions to approve issue of stock, bonds, etc., of railroad corporations,- see post, § 55.

Jurisdiction of Commissions over gas and electrical corporations supplying consumers in both districts,- see post, § 76.

Board of Railroad Commissioners abolished and its powers and duties transferred to the Public Service Commissions,- see post, § 80. Commission of Gas and Electricity abolished, and its powers and duties transferred to the Public Service Commissions,- see post, § 81. Office of Inspector of Gas Meters abolished and powers and duties transferred to the Public Service Commissions,― see post, § 82. Board of Rapid Transit Railroad Commissioners abolished and its powers and duties transferred to the Public Service Commission of the first district,- see also post, § 83.

Nothing in this Act is deemed to apply to or operate upon interstate or foreign commerce,- see post, § 86.

General rules of statutory construction,-see ante, § 1, notes [23]-[40].

Power of the legislature to create new civil divisions for regulative purposes, see ante, § 3, note.

[1] Whether the New York Rapid Transit Act is a general act. There might be some difficulty in sustaining the New York Rapid Transit Act if its constitutionality depended upon its being general instead of local.- Sun Publishing Assn. v. Mayor, 152 N. Y. 257, 46 N. E. 499, 37 L. R. A. 788, affg. s. c. 8 App. Div. (N. Y.) 230, 40 N. Y. Supp. 607.

[2] New York Rapid Transit Railroad Commissioners local officers.

The N. Y. Rapid Transit Railroad Commissioners are local officers lawfully appointed by the legislature for the locality. Their functions are strictly local. Their primary function is to consider and determine whether it is for the interests of the public and the city that a rapid transit railway should be established therein.- Sun Publishing Assn.

v. Mayor, 8 App. Div. (N. Y.) 230, 40 N. Y. Supp. 607; affd., 152 N. Y. 257, 46 N. E. 499, 37 L. R. A. 788.

[3] Public Service Commissions Law not a local act.

"After a careful examination of the authorities, I am constrained to hold that they do not sustain the contention that the bill [The Public Service Commissions Law] is a local act."-Opinion of Corporation Counsel F. K. Pendleton, rendered to Comptroller H. A. Metz, July 13, 1907.

"I cannot see that the duties of the [Public Service] commissioners are in any way those of city officers. These duties are those previously conferred upon the Railroad Commissioners, the Rapid Transit Commissioners and other State Boards, and the new and added powers given by the Act [Public Service Commission Law] are not of such a nature as to make the Commissioners city officers."- Opinion of Corporation Counsel F. K. Pendleton, rendered to Comptroller H. A. Metz, July 13, 1907.

[4] What functions and officers are local.

Whether public officials are local or state officers depends upon the functions they are required to perform, not upon the source of their appointment. Their character does not depend on the form or general structure of the act.- Sun Publishing Assn. v. Mayor, 152 N. Y. 257, 46 N. E. 499, 37 L. R. A. 788, affg. s. c. 8 App. Div. (N. Y.) 230, 40 N. Y. Supp. 607.

The act creating a board of fire examiners within New York City is not unconstitutional in providing for their appointment other than by the local authorities. They are not city officers, although their jurisdiction is confined to one city.-N. Y. Fire Dept. v. Atlas Ss. Co., 106 N. Y. 566, 13 N. E. 329.

The members of the Board of Revision and Correction, created by the laws of 1861, act as independent public officers, engaged in the public service. They were not selected by the municipal corporation, and it could not control their acts. Even if they may properly be called city officers, they are charged with a public service, and their powers are not to be exercised solely for the benefit of the municipal corporation.-Tone v. Mayor, 70 N. Y. 157.

As the city and county are identical as political divisions of the state, and the distinction between them is nominal rather than real and practical, it would be straining the provisions of the Constitution to hold that conferring power upon an officer in the same locality would be void because some of his lawful functions in their nature pertained to the county rather than the city organization.- Matter of Lester, 21 Hun (N. Y.), 130.