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(Ind.)

[Maine.

Maryland.

Massachusetts.

Michigan.

Mississippi.

Missouri.

sary information to enable the commission to perform its duties."
Acts 1913, c. 76, § 51.

See, also, § 52, quoted on p. 289, and § 54, quoted on p. 622.

"The commission shall have authority to inquire into the management of the business of all public utilities, and shall keep itself informed as to the manner and method in which each is conducted; and shall have the right to obtain from any public utility all necessary information to enable the commission to perform its duties." Laws 1913, c. 129, § 4.

"The commission or any commissioner or any person or persons
employed by the commission for that purpose, shall, upon demand,
have the right to inspect the books, accounts, papers, records and
memoranda of any public utility in relation to its business and affairs
and to take copies thereof.
***." Same, § 5.
(See note p. 3.)

1

A provision similar to that in Georgia (§ 2663) appears in Ann. Code 1911, Art. 23, §§ 425, 432.

The commission *** (4) Shall examine all persons and corporations under its supervision as to the methods employed by them in the transaction of their business, see that their property is maintained and operated for the reasonably adequate accommodation of the public and in compliance with the provisions of law and of their franchise and charters." Same, § 453.

*** every such company shall at all times, upon request,
furnish to the said public service commission any information required
by the commission concerning the condition, management and opera-
tion of its business within the Commonwealth,
Acts 1906,
c. 433, § 10, as am'd 1913, c. 784, § 3.

*

The commission shall have authority to inquire into the management of the business of any common carrier and shall keep itself informed as to the manner and shall have the right to obtain from any common carrier all necessary information to enable the commission to perform the duties and carry out the objects for which it is created." P. A. 1909, No. 300, § 28.

"Common carrier" includes telephone companies. P. A. 1913, No. 206, § 1.

“*** They shall furnish the commission with all information required relating to the business of each, and the management, income, receipts, expenses, and expenditures thereof; and with copies of all leases, contracts, and agreements for transportation with each other." Code 1906, § 4848. See, also, Laws 1908, chaps. 82, 83.

"1. The commission shall * * * have power to and shall examine
the same and keep informed as to their general conditions, their capital-
ization, their franchises and the manner in which their lines and
property are leased, operated or managed, conducted and operated
with respect to the adequacy of and accommodation afforded by
their service and also with respect to the safety and security of their
lines and property, and with respect to their compliance with all
provisions of law, orders and decisions of the commission, franchises
and charter requirements.
***"' Laws 1913, p. 556, § 90.

§ 15a of the Montana law is identical with § 51 of the Indiana law, quoted Montana. above. Laws 1913, c. 52, § 15a.

"The said commission shall have power, to examine into and inspect, from time to time, the condition of each Railway, or Common carrier,' its equipment, and the manner of its conduct and management with regard to the public safety and convenience in the State; ***." Stats. 1911, § 10650 (i).

Nebraska.

§ 4566 of the Nevada law is practically identical with § 51 of the Indiana Nevada. law, quoted above. Rev. Laws 1912, § 4566.

"Said commission shall likewise have power to investigate and
ascertain, from time to time, the *** methods employed by such
public utilities *** in transmitting telephone and telegraph mes-
sages,
Laws 1911, c. 164, § 5 (c).

"The commission *** shall have power to and shall examine the same and keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines and property are leased, operated or managed, conducted and operated with respect to the adequacy of and accommodation afforded by their service and also with respect to the safety and security of their lines and property, and with respect to their compliance with all provisions of law, orders of the commission, franchises and charter requirements. ***." Laws 1910, c. 673, Pub. Ser. Com. Law, § 94.

"It shall be the duty of, and the board of railroad commissioners of this state shall have the authority to, inquire into the management of the business of all *** common carriers1 subject to the provisions of this article, and shall keep itself informed as to the manner and method in which the same is conducted, ***." Rev. Codes 1905, § 4353.

New
Hampshire.

New York.

North
Dakota.

A provision similar to that in New York (§ 94), except that "the publi and Ohio. their employes" is substituted for "their lines and property in line 6 of the New York provision, as quoted above, appears in Laws 1911, p. 549, § 10 [614-8].

See, also, § 8 [614-6], quoted on p. 271.

The above provisions are continued in force in connection with the public utilities commission. Laws 1913, p. 804, § 20 [499-7].

"The Commission shall have authority to inquire into the management of the business of all public utilities and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from any public utility all necessary information to enable the Commission to perform its duties. *** Laws 1911, c. 279, § 35. This power may be delegated. See 39, quoted under V, 8.

See, also, § 36, quoted on p. 293.

'Defined to include telephone and telegraph companies.

Oregon.

South

Carolina.

South
Dakota.

Tennessee.

Vermont.

Washington.

West
Virginia.

Wisconsin.

A provision similar to Georgia (§ 2663) appears in Code 1912, § 3142. It is probably made applicable to telephone companies by § 3162, and to telegraph companies by § 3327.

"It shall be the duty of, and the board of railroad commissioners of this state and each member thereof shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this article, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the said board to perform the duties and carry out the object for which said board was created, *** Laws 1911, c. 207, § 15.

For provisions relating to investigation of the management of railroads, see Acts 1897, c. 10, §§ 8, 9.

"A company owning or operating a plant, line or property, subject to supervision under this act shall, at all times, on request, furnish said commission information required by it concerning the condition, operation, management, expense of maintenance and operation, cost of production, rates charged for service or for product, contracts, obligations and financial standing of such company. ***." Laws 1908, No. 116, § 5, as am'd 1912, No. 165.

The commission or any commissioner may examine under oath any officer, etc., with reference to the affairs of company. Laws 1911, c. 117, § 77, quoted on p. 295.

Acts

The commission is hereby given the power to investigate all
methods and practices of public service corporations, * * *
1913, c. 9, § 5

The commission, through its members, inspectors or employees, shall have the power "to examine the books and affairs to be investigated by it." Same, § 10.

A provision similar to that in Oregon (§ 35) applying to telephone companies is found in Stats. 1911, § 1797m-37, and a like provision applying to telegraph companies in Same, § 1797-18. This power may, as to telephone companies, be delegated. See § 1797m-41, quoted under V, 8.

See, also, 1797m-38, referred to on p. 295.

United
States.

16. ACCESS TO BOOKS, ACCOUNTS, ETC.

**The commission shall at all times have access to all
accounts, records, and memoranda kept by carriers subject to this
act, *** and it may employ special agents or examiners, who shall
have authority under the order of the commission to inspect and ex-
amine any and all accounts, records, and memoranda kept by such
carriers.
*** § 20, Act to Regulate Commerce, as am'd.

See, also, § 19a, relating to valuation of property. (Quoted on p. 201.)

“*** The agents, accountants, or examiners employed by the commission shall have authority, under the direction of the commission, to inspect and examine any and all books, accounts, papers, records, and memoranda kept by such public utilities.' District Appropriation Act, March 4, 1913, § 8, par. 15.

"That the commission or any commissioner or any person or persons employed by the commission for that purpose shall, upon demand, have the right to inspect the books, accounts, papers, records, and memoranda of any public utility, and to examine, under oath, any officer, agent, or employee of such public utility in relation to its business and affairs. Any person other than one of said commissioners who shall make such demand shall produce his authority to make such inspection or examination." Same, par. 34.

For failure or refusal to exhibit to commission or duly authorized person books, etc., officer, agent or employee shall be liable to fine of $200-$1000 for each offense. If failure is in accordance with directions of utility or a general officer thereof utility shall be liable to fine, $500-$2000. Same, par. 84.

District of
Columbia.

General power to obtain information granted in Code 1907, § 5656. Right Alabama.

to inspect books and papers granted to any commissioner or duly authorized agent. But any person other than a commissioner making such demand shall produce his authority. Same, § 5661.

See, also, Acts 1907, Spec. Sess., No. 17, § 3, probably not applicable to telephone and telegraph companies.

"The records, books, and files of all public service corporations, *** shall be at all times liable and subject to the full visitorial and inquisitorial powers of the State, notwithstanding the immunities and privileges secured in the Declaration of Rights of this Constitution to persons, inhabitants, and citizens of this State." Const., Art. XIV, § 17.

"The Corporation Commission, and the several members there

* * *

of, shall have power to inspect and investigate the
* *
books, papers,
* of any public service corporation doing
business within the State * * * ." Const., Art. XV, § 4.

The commission may examine books, etc., in connection with the issue of securities. Laws 1912, c. 90, § 52 (b).

§ 58 of the Arizona law (Laws 1912, c. 90) differs only in unimportant details

of phraseology from § 58 of the California law, quoted below.

Arizona.

The commission has power to examine books, records, and papers of rail- California. roads. Const., Art. XII, § 22, as am'd 1911. (See Stats. 1911, Pt. 2, p. 2048.)

The commission may examine books, etc., in connection with the issue of securities. Stats. 1911, 1st ex. sess., c. 14, § 52 (b).

"The commission, each commissioner and each officer and person employed by the commission shall have the right, at any and all times, to inspect the accounts, books, papers and documents of any

(Cal.)

[Colorado.

Connecticut.

Florida.

Georgia.

Idaho.

public utility,
provided, that any person other than a
commissioner or an officer of the commission demanding such in-
spection shall produce under the hand and seal of the commission
his authority to make such inspection; *
." Same, § 58.

The commission may examine books, etc., in connection with the issue of securities. Laws 1913, c. 127, § 37 (b).

§ 43 of the Colorado law contains a provision identical with that quoted above from $58 of the California law. Same, § 43.

(See note p. 3.)

*The commission, or any member thereof, in the performance of its duties or in connection with any hearing, may *** examine or cause to be produced and examined, such books, records, vouchers, memoranda, documents, letters, contracts, or other papers in relation to the affairs of any public service company as it may find proper, and shall have the same powers in reference thereto as are now vested in magistrates taking depositions. ***." P. A. 1911, c. 128, § 9.

See, also, § 26, granting similar power, and § 27, prescribing a penalty for obstructing commission.

***The Commissioners shall at all times have access to all accounts, records and memoranda kept by such companies, and may employ special agents or examiners, who shall have power to administer oaths and authority, under the order of the commissioners, to examine witnesses and to inspect and examine any and all accounts, records and memoranda kept by such companies. Laws 1913, c. 6525, § 18.

Similar authority granted in § 21.

*

* "

"The Commissioners or either of them or such person as they may employ for the purpose shall have the right to at such times as they may deem necessary to inspect the accounts, books, records and papers of any description of any common carrier subject to their jurisdiction and they may make personal visitation of *** places of business within or without the State for the purpose of such examination; Provided, That any person other than one of said Commissioners who shall make the demand for inspection of the books and papers shall produce his authority in writing from the said Commissioners. ***" Gen. Stats. 1906, § 2904, as am'd 1913, c. 6527.

In making investigations each member may be invested with the same power as the full board. Same, § 2917, as am'd by Same.

The provisions relating to railroads may apply to telephone and telegraph companies.

Authority granted to the commission

66

'to examine all books, con-
tracts, records and documents of any person or corporation subject
to their supervision, and compel the production thereof.
Code 1910, § 2663.

The commission shall examine books, etc., in connection with the issue of securities.

Same, § 2665.

$54 of the Idaho law is practically identical with § 58 of the California law, quoted above. Laws 1913, c. 61, § 54.

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