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[1]
· [2]
General power to regulate property devoted to public use.
Scope of regulative power
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[5] Compensation of carrier a payment in the nature of a tax.
9
[13]
[14] Power to regulate not dependent on reservation of
power to alter or amend charters.
11
[15]
[16]
Regulative acts not violative of charter or contract rights.
Exemption from public control.
12
[26]
[27]
[28]
When courts will pass on question of constitutionality.
Expediency and wisdom of enactments not matters for
judicial determination
Interpretation governed by legislative intent.
[29] Weight given to legislature's interpretation of its own
powers
[30] Legislative grants construed favorably to the public
right
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PAGE.
Section
1. [31] Matters which may be considered in construing statutes.
[31a] Construction of statutes declaratory of common law....
24
[36]
Strict or liberal construction of statutes containing penal
provisions . .
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[37]
Doubts to be resolved in favor of party of whom penalty
is claimed ..
28
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
Classification of railroads for purposes of regulation..
What constitutes a common carrier
-
- Sleeping-car companies.
Street railway companies
Corporations maintaining railway tracks for special
purposes
The receiver of a railway corporation..
What constitutes a railroad or street railroad.
Various public services within the scope of the act de-
fined.
[12]
[14]
Effect of various forms of ownership and control upon
power of state to regulate In general..
Ownership of controlling amounts of stock.
Leasing of operating rights
- Ownership of a railroad by a foreign corporation..
Public service districts
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Power for the legislature to create new civil divisions for regu-
lative purposes.
Section 4. Commissions established; appointment; removal, terms
Whether legislative and judicial powers may be delegated.
[18] What powers are legislative
56
Section 9.
Section 10.
Section 11.
Section 5. Territorial jurisdiction of commissions; powers of board of
rapid transit railroad commissioners vested in com-
mission of the first district
Section 6.
Section 7.
Section 8.
[1] Whether the New York Rapid Transit Act is a general
act..
[2] New York rapid transit railroad
officers
[3] Public Service Commissions Law not a local act.
What functions and officers are local....
Power of state to resume or transfer local functions..
Attitude of the courts toward the home rule doctrine..
Constitutionality of appointment of local officers by state
officers .
[8] When a carrier is doing business within a district..
Counsel to the commissions; power to appoint assistants.
Secretary to the commissions
Additional officers and employees.
Oath of office; eligibility of commissioners and officers.
Offices of commissions; meetings; official seal; stationery.
Quorum; powers of a commissioner..
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67
commissioners local
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Discretion of paying officer as to payments duly audited..
Application to appellate division
86
...
Extent to which the city may be rendered liable.
Proposed expenditures must be at least approximately esti-
mated
[7] Transfer of present funds..
87
Section 15.
Certain acts prohibited and defined as grounds for removal;
employees of commissions declared to be public officers.
Fees to be charged and collected by the commissions..
92
Section 19.
Attendance of witnesses and their fees; procedure in punishing
[3] Form of application to compel production of books and
papers ..
94
....
When a subpoena duces tecum will be refused.
Relevancy as affecting compelling of testimony or produc-
tion of documents
95
Production of books and papers by a corporation....
Remedy for refusal of witness to answer questions..
What bodies may be vested with power to punish for con-
tempt . .
Section 20. Practice before the commissions; immunity of witnesses.
[1] The commission not bound by technical rules of procedure.
[2] Immunity of witnesses In general...
[3] When a prior decision will be modified or reversed.
[4] Right to rehearing. . . . .
114
.......
Section 23.
Service and effect of order; grounds for their suspension or
-Shipments between points within a state, passing
through another state in transit...
151
Switching of cars
152
[5] Elevating, weighing and discharging grain..
25. [6]
Other accessorial services....
153
What railroads are engaged in interstate commerce.
[8] When the interstate transportation begins....
[9] When interstate transportation ends....
155
[10] Extent of state and federal regulative power.
157
[11] Effect of failure of Congress to exercise its regulative
powers..
162
[12] Extent of police power of states..
163
commerce -
What acts and orders constitute a regulation of interstate
In general
Statutes and orders relating to service, facilities and
accommodations . .
165
State and federal statutes operating on same subject..
Matters left by Interstate Commerce Commission to state
regulation..
172
[21]
Status of foreign corporations doing business within a
state
Section 26.
Safe and adequate service; just and reasonable charges; ex-
cessive charges prohibited
[4] Effect of ownership of freight by carrier.
[5] Duty to furnish safe and suitable cars In general.
How duty may be discharged...
Effect of unprecedented rush of business.
[9] Duty to render switching services....
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179
180
[10] Duty as to hauling of sleeping cars and private cars...
[11] Duty to receive and transport.....
181
Extent to which carrier holds itself out as such as
affecting duty..