(0.)

Oregon.

memoranda covering information in addition to that required by the interstate commerce commission. The commission may, after hearing had upon its own motion or upon complaint, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited. Where the commission has prescribed the forms of accounts, records or memoranda to be kept by any public utility or railroad for any of its business, it shall thereafter be unlawful for such public utility or railroad to keep any accounts, records or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records or memoranda as shall be explanatory of and supplemental to the accounts, records or memoranda prescribed by the commission. The commission shall at all times have access to all accounts kept by such utilities or railroads and may designate any of its officers or employes to inspect and examine any and all such accounts. It shall be the duty of the auditor or other chief accounting officer of any such utility to keep such accounts and make the reports provided for in section 614-48 of the General Code. Whoever being such auditor, or chief accounting officer violates or fails to comply with the provisions of this section shall upon conviction thereof be subject to the penalties provided for in section 614-65 of the General Code. It shall be the duty of the attorney general to enforce the provisions of this section upon request of the commission, by mandamus or other appropriate proceedings." Same, § 27 [499-14].

"Every public utility shall keep and render to the Commission in the manner and form prescribed by the Commission uniform accounts of all business transacted. All forms of accounts which may be prescribed by the Commission shall conform as nearly as practicable to similar forms prescribed by federal authority. Every public utility engaged directly or indirectly in any other business than *** the conveyance of telephone messages shall, if required by the Commission, keep and render separately to the Commission in like manner and form the accounts of all such other business, in which case all the provisions of this act shall apply with like force and effect to the books, accounts, papers and records of such other business." Laws 1911, c. 279, § 11.

"The Commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the Commission and to comply with all directions of the Commission relating to such books, accounts, papers and records. No public utility shall keep any other books, accounts, papers or records of its public utility business transacted than those prescribed or approved by the Commission, except such as may be required by the laws of the United States." Same, § 12.

'The Commission shall cause to be prepared suitable blanks for reports for carrying out the purposes of this Act, and shall, when necessary, furnish such blanks for reports to each public utility." Same, § 13.

"Each public utility shall have an office in one of the towns or cities in this State in which its property or some part thereof is located, and shall keep in said office all such books, accounts, papers and records as shall be required by the Commission to be kept within

the State. No books, accounts, papers or records required by the Commission to be kept within the State shall be at any time removed from the State, except upon such conditions as may be prescribed by the Commission." Same, § 14.

"The accounts shall be closed annually on the 30th day of June and a balance sheet of that date promptly taken therefrom. On or before the first day of August following, such balance sheet together with such other information as the Commission shall prescribe, verified by an officer of the public utility, shall be filed with the Commission." Same, § 15.

"The Commission shall provide for the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the Commission." Same, § 16.

"The Commission shall keep itself informed of all new construction, extensions and additions to the property of such public utilities and shall prescribe the necessary forms, regulations and instructions to the officers and employees of such public utilities for the keeping of construction accounts, which shall clearly distinguish all operating expenses and new construction." Same, § 18. See, also, "Depreciation Reserve," following.

"It shall be the duty of every public service company

"(i). To adopt, use and keep, in conducting its business, such form, method, systems, or systems, of accounts, records, and memoranda as shall be prescribed by the commission; to carry no charges in any operating account which should properly be charged to the capital account, or vice versa; to carry a proper and reasonable depreciation account, if required so to do by order of the commission; and to obey and abide by all the regulations and orders of the commission concerning such accounts, records, and memoranda, and the keeping of the same: Provided, That this subsection shall also apply to all municipal corporations, with respect to the accounts, records, and memoranda relating to the rendering or furnishing by them to the public of any service of the kind or character rendered or furnished by public service companies, and to the making of reports in relation thereto: And provided further, That all corporations and persons, operating under lease or other contract any such plant or other facilities, owned by such municipal corporation, shall adopt, use, and keep, in respect to such operation of such plant or other facilities under such lease or contract, such form or system of accounts as shall be adapted to and reasonable under the circumstances, and consistent with the obligations of such lease or contract, or of any contract made in pursuance thereof, and shall conform to such orders as the commission, on hearing, may make in respect to such form or system of accounts, and shall make such reports in relation thereto as may be required by the commission.

"(j). To keep all books, accounts, papers, records, and memoranda, as shall be required by the commission, in an office within this Commonwealth, and not to remove the same or any of them from the Commonwealth except upon such terms and conditions as may be prescribed by the commission; but the provisions of this paragraph shall not apply to a public service company of another State, engaged in interstate commerce, whose accounts are kept at its principal place of business without the State, in the manner prescribed

(Ore.)

Pennsylvania.

(Pa.)

South
Dakota.

Vermont.

by the Interstate Commerce Commission: Provided, That such public service company, when required by the commission, shall furnish to the commission, within such reasonable time as it shall prescribe, certified copies of its books, accounts, papers, records, and memoranda relating to the business done by such public service company within this Commonwealth." Laws 1913, No. 854,1 Art. II, § 1.

"The commission may, and shall after hearing had upon its own motion or upon complaint, establish, by an order to be served as hereinafter provided upon every public service company affected thereby, a system of accounts to be used by such public service companies; and may also, in its discretion, prescribe the manner and form in which accounts, records, and memoranda shall be kept by public service companies, including *** a proper and reasonable depreciation account, as well as the receipts and expenditures of money. And the commission may classify public service companies, and prescribe the system of accounts to be adopted and used by each class, and may prescribe the manner and form in which such accounts shall be kept, and may subdivide each class according to the volume of business transacted, or otherwise. And the commission shall have power, upon application, to relieve any public service company from the duty of carrying a depreciation account.

"The commission may, and shall after hearing had as aforesaid, prescribe the accounts in which particular outlays and receipts shall be entered, charged, or credited.

"The commission may also, after hearing as aforesaid, require that no expenditures shall be charged to any operating account that should properly be charged to the capital account, or vice versa; and require that all and every the receipts and expenditures of public service companies be properly apportioned among the various accounts which it may establish.

***Provided, That 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 provisions of this section shall apply to said municipal corporation with respect to such service. And provided further, That in case of any public service company subject to the jurisdiction of the Interstate Commerce Commission, the systems of accounts, records, and memoranda prescribed by the commission shall conform to those prescribed by the Interstate Commerce Commission." Same, § 15.

66

'The board of railroad commissioners may, in its discretion, prescribe the forms of any and all accounts, records and memoranda, to be kept by carriers subject to the provisions of this act, including the accounts, records and memoranda of the movement of traffic, as well as receipts and expenditures of money. *** Laws 1911, c. 207, § 48.

The board of railroad commissioners, to which the public service commission is a successor, had authority to prescribe a uniform system of accounts for railroads (Pub. Stats. 1906, § 4613), but this power does not seem to have been extended to apply to telephone and telegraph companies.

'Effective January 1, 1914.

"*** and the commission may, in its discretion, for the purpose of enabling it the better to carry out the provisions of this act, prescribe the period of time within which all public service companies subject to the provisions of this act shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept. ***

"The commission may, in its discretion, prescribe the forms of any and all accounts, records and memoranda to be kept by public service companies, including the accounts, records and memoranda of the movement of traffic, sales of its product, the receipts and expenditures of money. *** The commission may, in its discretion, prescribe the forms of any and all reports, accounts, records and memoranda to be furnished and kept by any public service company whose line or lines extend beyond the limits of this state, which are operated partly within and partly without the state, so that the same shall show any information required by the commission concerning the traffic movement, receipts and expenditures appertaining to those parts of the line within the state." Laws 1911, c. 117, § 78.

"1. Every public utility shall keep and render to the commission in the manner and form prescribed by the commission uniform accounts of all business transacted.

"2. Every public utility engaged directly or indirectly in any other business than that of*** the conveyance of telephone messages shall, if required by the commission, keep and render separately to the commission in like manner and form the accounts of all such other business, in which case all the provisions of this act shall apply with like force and effect to the books, accounts, papers and records of such other business." Stats. 1911, § 1797m-8.

"The commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and to comply with all directions of the commission relating to such books, accounts, papers and records.” Same, 1797m-9.

66

The commission shall cause to be prepared suitable blanks for carrying out the purposes of sections 1797m-1 to 1797m-109, inclusive, and shall, when necessary, furnish such blanks to each public utility." Same, 1797m-10.

"No public utility shall keep any other books, accounts, papers or records of the business transacted than those prescribed or approved by the commission." Same, § 1797m-11.

A provision similar to that in Oregon (§ 14) is found in Same, § 1797m-12.

"The accounts of telephone companies shall be closed on the thirty-first day of December and the balance sheet of said companies shall be of said date, and the same, with other information prescribed by the commission, verified as provided in subsection 1, shall be filed with the commission on or before the first day of February following." Same, 1797m-13, as am'd 1913, c. 263.

A provision similar to that in Oregon (§ 16) appears in Same § 1797m-14.
A provision similar to that in Oregon (§ 18) appears in Same, § 1797m-16.

Washington.

Wisconsin.

(Wis.)

See, also, § 1797m-18, referred to on p. 264.

Penalty for improper accounting. Same, § 1797m-94.

The above apply to telephone, not to telegraph companies. For provision applying to telegraph companies, see Same, § 1797-18 (d).

See, also, Same, §§ 1753-1-1753-22, as am'd 1913, c. 598, for certain provisions relating to accounting, in connection with the issue of securities.

See, also, "Depreciation Reserve," following.

District of
Columbia.

Arizona.

California.

11. DEPRECIATION RESERVE.

"That every public utility shall carry a proper and adequate depreciation account. The commission shall ascertain and determine what are the proper and adequate rates of depreciation of the several classes of property of each public utility. These rates shall be such as will provide the amounts required over and above the expense of maintenance to keep such property in a state of efficiency corresponding to the progress of the industry. Each public utility shall conform its depreciation accounts to such rates so ascertained and determined by the commission. The commission may make changes in such rates of depreciation from time to time as it may find to be necessary. The commission shall also prescribe rules, regulations, and forms of accounts regarding such depreciation which the public utility is required to carry into effect. The commission shall provide for such depreciation in fixing the rates, tolls, and charges to be paid by the public. All moneys in this fund may be expended in keeping the property of such public utility in repair and good and serviceable condition for the use to which it is devoted, or invested, and, if invested, the income from the investments shall also be carried in the depreciation fund. This fund and the proceeds thereof shall be used for no other purpose than as provided in this paragraph, unless with the consent and by order of the commission." District Appropriation Act, March 4, 1913, § 8, par. 16.

§ 49 of the Arizona law (Laws 1912, c. 90) differs only in unimportant details of phraseology from § 49 of the California law, quoted below.

"The commission shall have power, after hearing, to require any or all public utilities to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the commission may prescribe. The commission may, from time to time, ascertain and determine and by order fix the proper and adequate rates of depreciation of the several classes of property of each public utility. Each public utility shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement as the commission may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund." Stats. 1911, 1st ex. sess., c. 14, § 49.