The commission is granted power to compel by subpoena duces tecum the pro- New duction of any accounts, books, contracts, records, documents, memoranda and Hampshire. papers of any kind whatever, or in lieu of the originals, sworn copies thereof; to be enforced by contempt proceedings. Laws 1911, c. 164, § 2 (1), as am'd 1913, c. 145, 5. "The commission by order may require any railroad corporation or public utility to produce within the state at such time and place as it may designate, any accounts, records, memoranda, books or papers kept in any office or place without the state, or verified copies thereof, in order than an examination thereof may be made by the commission or under its direction." Same, § 8 (c), added by 1913, c. 145, § 8. "The board shall have power to compel *** the production of tariffs, contracts, papers, books, accounts and all other documents, *** The failure to produce books, etc., is punishable by contempt proceedings. Laws 1911, c. 195, § 27. mony * * New Jersey. New Mexico. * * * "The commission or any examiner authorized by it to take testi- Power granted to the commission or a commissioner to compel the production New York. of books, or papers. Laws 1910, c. 480, §§ 19, 20. A provision similar to that in § 425 Maryland (supra) is found in Laws 1910, c. 673, § 3, Pub. Ser. Com. Law, § 94. The commission has authority to compel the production of papers. Rev. North 1905, 1064. Carolina. The same authority is granted as is conferred by law upon the superi or courts Same, 1067. “*** and for the purpose of this article the said commissioners shall have power to require *** the production of books, papers, tariffs, schedules, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of competent jurisdiction in this state in requiring the *** production of books, papers, and documents under the provisions of this section." Rev. Codes 1905, § 4353. The above may be enforced by contempt proceedings. Same, § 4354. "The commission shall have power, either through its members or by inspectors or employes duly authorized by it, *** by subpoenas duces tecum to compel the production " of books, contracts, rec North Ohio. (0.) Oklahoma. Oregon. Pennsylvania. Rhode South ords, documents and papers or verified copies of the same. Laws 1911, p. 549, The above may be enforced by contempt proceedings. Same § 8 [614-6]. the public The above provisions are continued in force in connection wit utilities commission. Laws 1913, p. 804, § 20 [499-7]. See, also, § 21, relating to valuation of property. The commission has authority, as a court of record, to compel the production of papers. Const., Art. 9, § 19. "The Commission may require, by order or subpoena to be served on any public utility in the same manner that a summons is served in a civil action in the circuit court, the production within this State at such time and place as it may designate, of any books, accounts, papers or records kept by said public utility in any office or place without the State of Oregon, or verified copies in lieu thereof, if the Commission shall so order, in order that an examination thereof may be made by the Commission or under its direction. Any public utility failing or refusing to comply with any such order or subpoena shall, for each day it shall so fail or refuse, forfeit and pay into the State treasury a sum of not less than fifty dollars nor more than five hundred dollars." Laws 1911, c. 279, § 37. Each commissioner or agent or examiner may compel the production of books, papers, etc. Such orders may be enforced by contempt proceedings. Penalty, fine of $100-$1,000 or imprisonment not to exceed a year, or both. Same, 47. "The commission shall as a commission, or by its individual members, have the power in any part of the Commonwealth to *** compel the production of such books, papers, and documents, as it may deem necessary or proper in and pertinent to any proceeding, investigation, or hearing held or had by it. ***" Laws 1913, No. 854, Art. V, § 24. 'The commission may require copies of books, papers, or abstracts thereof, to be sent to it in any part of the Commonwealth, in all cases in which it would have the right to examine the originals or compel their production before it. *** Same, Art. VI, § 2. The production of books, papers, etc., may be compelled by contempt proceedings. Same, § 3. * * * "The commission and each of the commissioners shall have The board has full power to compel production of all papers, etc., by means of contempt proceedings. Laws 1911, c. 207, § 15. Similar authority granted. Laws 1909, c. 289, § 11, as am'd Laws 1911, c. 218, § 7. 'Effective January 1, 1914. Assistants employed by the board may compel production of books, etc. (S. D.) Laws 1909, c. 289, § 12, as am'd Laws 1911, c. 218, § 8. 66 That the Commission shall have full power and authority to *** compel the production of papers and the attendance of witnesses to obtain the information necessary for carrying into effect and otherwise enforcing the provisions of this Act." Acts 1913, c. 32, § 8. "That the Commission or any member thereof, in the performance of its duties or in connection with any hearing, may direct the production of such books, records, vouchers, memoranda, documents, letters, contracts or other papers in relation to the affairs of any express, telephone or telegraph Company as it may find proper, and shall have the same powers in reference thereto as are now vested in the Courts of record in this State." Same, § 9. Each commissioner may compel the production of books, etc. Enforcible by contempt proceedings. Same, § 14. The commission, acting as state tax assessors may call for books. Acts 1897, c. 5, § 5. For provisions requiring the production of books, etc., in connection with the supervision of railroads, see Acts 1897, c. 10, §§ 8-10. ***Said commission shall have Similar to Oklahoma. Const., § 156 (c); Code 1904, § 1313a (29). Tennessee. Vermont. Virginia. Any party to a proceeding shall have process to compel production of books, papers, etc. Code 1904, § 1313a (22). Washington. 'Each commissioner shall have power to *** issue subpoenas for *** the production of papers, way bills, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state.' Such subpoenas may be enforced by contempt proceedings in the manner prescribed. Laws 1911, c. 117, § 75. "In case any public service company shall refuse to exhibit at its principal office in the United States any book, record or document to the commission or to any member thereof, or to any agent or employee thereof properly authorized, or to furnish a sworn copy of such book, record or document on demand, the commission may require from any such company the production within the state, at such time and place as it may designate, of any books, records or documents kept by such company without the state. (Wash.) West Wisconsin. United District of Alabama. "The commission may require from any public service company the production of any books, records or documents kept by such company in any office or place without the State of Washington. Such demand shall be served upon the public service company in the manner provided for the service of orders herein. Such public service company shall have the right to appear before the commission and show cause, if any there be, why such order should not be complied with and such order shall be made after such hearing as the commission may deem proper." Same, § 79. Power is granted to compel the production of documentary evidence, books and papers. Acts 1913, c. 9, § 13. (Quoted on p. 273.) See, also, § 18, relating to suits for damages. (Quoted on p. 422.) See, also, § 21. (Quoted on p. 264.) A provision similar to that in Oregon (§ 37) appears in Stats. 1911, § 1797m-39. Same, 1797m-53. The above apply to telephone companies. For similar provisions as to telegraph companies see Same, § 1797-13,-18 (c). 15. INQUIRY INTO BUSINESS MANAGEMENT. "That the commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, * * * .” §12, Act to Regulate Commerce, as am'd. "That the commission shall keep itself informed as to the manner and method in which the business of all public utilities is conducted, and shall have the right to obtain from any public utility all necessary information to enable the commission to perform its duties." District Appropriation Act, March 4, 1913, § 8, par. 33. See also par. 34, quoted on p. 287, and par 36, quoted on p. 617. "The commission may inquire into the management of the business of all transportation companies,' and shall keep itself informed as to the condition, manner, and method in which the same are conducted with reference to the security and accommodation of the public and their compliance with their charters and the laws of the state. ***." Code 1907, § 5656. The commission or any commissioner, or person employed therefor, may examine, under oath, any officer, agent or employee of a transportation company1 in relation to its business and affairs. Same, § 5661. 'Defined to include telephone and telegraph companies. § 5647. Arizona. * * "The Corporation Commission, and the several members there- * * * § 58 of the Arizona law (Laws 1912, c. 90) differs only in unimportant details of phraseology from § 58 of the California law, quoted below. the commission, each commissioner and any officer of the commission or any employee authorized to administer oaths shall have power to examine under oath any officer, agent or employee of such public utility in relation to the business and affairs of said public utility; ** and provided further, that a written record of the testimony or statement so given under oath shall be made and filed with the commission." Stats. 1911, 1st ex. sess., c. 14, § 58. * California. § 43 of the Colorado law contains a provision identical with that quoted Colorado. above from § 58 of the California law. Laws 1913, c. 127, § 43. (See note p. 3.) "The commission shall, so far as is practicable, keep fully informed as to the condition of the plant, equipment, and manner of operation of all public service companies, in so far as the safety of the public and of the employees of such companies may be involved, ***." P. A. 1911, c. 128, § 13. "Said Commissioners, or any person employed by them for the purpose of making examination, shall have full power and authority to examine all officers, agents or employees of any common carrier under oath in relation to its organization, property, business and affairs or the operation of its line. ***." Gen. Stats. 1906, § 2905, as am'd 1913, c. 6527. The above may apply to telephone and telegraph companies. "*** Said commission is hereby given authority to examine into the affairs of said companies and corporations and to keep informed as to the general condition, their capitalization, their franchises, and the manner in which their lines, owned, leased, or controlled, are managed, conducted, and operated, not only with respect to the adequacy, security, and accommodation afforded by their service to the public and their employees, but also with reference to their compliance with all provisions of law, orders of the commission, and charter requirements. ***." Code 1910, § 2663. Connecticut. Florida. Georgia. § 54 of the Idaho law is practically identical with § 58 of the California law, Idaho. quoted above. Laws 1913, c. 61, § 54. "The commission shall have general supervision of all public "The commission shall have authority to inquire into the management of the business of all public utilities, and shall keep itself ininformed as to the manner and method in which the same is conducted and shall have the right to obtain from any public utility all neces1Effective January 1, 1914. Illinois. Indiana. |