(Ore.) Pennsylvania. South South Dakota. and memoranda of any public utility and to examine, under oath, any "The commission shall at all times have access to all accounts, The above includes utilities operated by municipal corporations. Laws 1913, No. 854,1 Art. V, § 15. *** "The commission shall have full power and authority, either by Any officer, director or employee who shall remove out of the state books, etc., to prevent their examination, or shall destroy or conceal the same for such purpose, shall be guilty of contempt and fined not less than $100 per day, and may be imprisoned. Same, Art. VI, § 4. "On the application in writing of a Director, or of any person or persons owning one-fiftieth part of the entire paid-in capital stock of any corporation operating a railroad, or the bonds or other evidences of indebtedness of such corporation equal in amount to onefiftieth part of its paid-in capital stock, the Railroad Commissioners shall make an examination into the books of said corporation." Code 1912, § 3158. "The Railroad Commissioners shall further have, at all times, access to the list of stockholders of every corporation operating a railroad, and may, in their discretion, at any time, cause the same to be copied, in whole or in part, for their own information or for the information of persons owning stock in such corporation. Same, § 3159. "It shall be the duty of said Commissioners when necessary to investigate so much of the books and papers of all the railroad companies doing business in this State as they may think proper, to ascertain if the rules and regulations as aforesaid have been complied with, and to make personal visitations of railroad offices, stations and other places of business for the purpose of examinations and to make rules and regulations concerning such examinations, * ** Same, § 3160. The above sections may apply to telegraph companies, § 3327; and to telephone companies, § 3162. The board or any member thereof has power to examine books, papers or documents. Laws 1911, c. 207, § 3. 'Effective January 1, 1914. (S. D.) “*** The said board shall, at all times, have access to all said accounts, records and memoranda kept by carriers subject to this act and may employ special agents or examiners who shall have authority, under the order of said board, to examine any and all accounts, records and memoranda kept by any common carrier engaged in interstate commerce." Same, § 48. The commission is authorized to inspect books and records in ascertaining the value of property for assessment purposes. Laws 1911, c. 84, c. 248. "***Said commission shall have power, so far as is necessary for the performance of its duties, to examine the books, accounts and papers of any company, receiver, trustee or lessee, owning or operating any plant, line or property subject to its supervision under this act which in any way relate to or contain entries, data or memoranda, concerning any transaction within this state or with any person residing or having a place of business within this state, ***." Laws 1908, No. 116, § 3. Vermont. A provision identical with that quoted under Oklahoma (Const., Art. IX, § Virginia. 18) is found in Const., § 156 (b). "The commission and each commissioner, or any person employed by the commission, shall have the right, at any and all times, to inspect the accounts, books, papers and documents of any public service company, and the commission, or any commissioner, may examine under oath any officer, agent or employee of such public service company in relation thereto, and with reference to the affairs of such company: Provided, That any person other than a commissioner who shall make any such demand shall produce his authority from the commission to make such inspection." Laws 1911, c. 117, § 77. See, also, § 78. Washington. West The commission, through its members, inspectors or employees, shall have power" to examine the books and affairs to be investigated by it." Acts 1913, c. Virginia. 9, § 10. See also, § 21, quoted on p. 264. A provision similar to that in Oregon (§ 16) is found in Stats. 1911, § 1797m-14. Wisconsin. A provision similar to that in Oregon (§ 36) is found in Same, § 1797m-38. Penalty for refusal to allow access to books. The above apply to telephone companies. Same § 1797m-94. For provision similar to § 1797m 38 above, applying to telegraph companies, see Same, § 1797-18 (b). For authority to examine books, etc., in connection with issue of securities, see Same, § 1753-9 (2, 5), as am'd 1913, c. 598. 16a. DESTRUCTION OF RECORDS. Penalty for destruction or mutilation of records fine $1000-$5000 or imprison- United ment 1-3 years or both. § 20, Act to Regulate Commerce, as am'd. "Every person *** who shall wilfully destroy, mutilate, alter, or by any other means or device falsify or destroy the record States. Connecticut. (Conn.) Illinois. Kansas. Missouri. New New Mexico. Oklahoma. Pennsylvania. of any such account, book, paper, record, report, or statement, with or shall aid or abet another in so doing, shall be fined not more than $5000, or imprisoned not more than five years or both. P. A. 1911, c. 128, § 27. Wilful destruction of any account, record or memorandum is a misdemeanor, punishable by imprisonment not to exceed one year or fine not exceeding $1000, or both. Laws 1913, p. 459,1 § 17. 66 Any person who shall *** wilfully destroy, mutilate, alter or by any other means or device falsify the record of any such account, book of accounts, record or memorandum, *** shall be deemed guilty of a felony, *** provided, that the commission may in its discretion issue orders specifying such operating, accounting or financial papers, records, books, blanks, tickets, stubs or documents, of carriers which may after a reasonable time be destroyed, and prescribing a length of time such books, papers or documents shall be preserved; and provided further, that such orders shall be in harmony with those of the Inter-state Commerce Commission." Laws 1911, c. 238, § 37. Wilful destruction of records, etc., is a felony punishable by fine of $1000$5000 or imprisonment 2-5 years or both, subject to a proviso practically identical with that quoted above from § 37 of the Kansas law. Laws 1913, p. 556, § 128. “*** (f) Any person who wilfully makes any false entry in the accounts or records of any railroad corporation or public utility, or who wilfully destroys, mutilates, or by any other means falsifies such accounts or records, or who wilfully neglects or fails to make full, true or correct entries of all facts and transactions appertaining to the business of any railroad corporation or public utility, which it is his duty to make, shall be guilty of a violation of this act; provided, however, that the commission may at its discretion issue orders specifying such operating, accounting or financial accounts, records, memoranda, books or papers of public utilities which may after a reasonable time be destroyed and the commission may prescribe the length of time such accounts, records, memoranda, books and papers shall be preserved." Laws 1911, c. 164, § 6, as am'd 1913, c. 98. Any officer, agent or employee of a corporation who shall destroy or mutilate, or attempt to destroy or mutilate any books, papers or records, shall be deemed guilty of a misdemeanor and fined not to exceed $500, or imprisoned not to exceed six months. Laws 1912, c. 78, § 9. Any person who shall destroy or mutilate, or attempt to destroy or mutilate, any records, books, etc., shall be guilty of a felony and liable to imprisonment from one to five years. Rev. Laws 1910, § 1206. Any officer, director or employee of a public service company who shall destroy or conceal books, papers, etc., for the purpose of preventing their examination by the commission, shall be guilty of contempt, and fined not less than $100 per day, and may be imprisoned. Laws 1913, No. 854,1 Art. VI, § 4. 'Effective January 1, 1914. 17. ACCESS TO PREMISES. The commission is granted access to premises in connection with valuation United of property. § 19a, Act to Regulate Commerce. (Quoted on p. 201.) ***The commission, its agents, experts, or examiners, shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided for in this section, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor." District Appropriation Act, March 4, 1913, § 8, par. 23. States. District of Columbia. A provision in § 46 (b) of the Arizona law (Laws 1912, c. 90) differs only Arizona. in unimportant details of phraseology from the portion of § 46 (b) of the California law, quoted below. "The commissioners and their officers and employees shall have power to enter upon any premises occupied by any public utility, for the purpose of making the examinations and tests and exercising any of the other powers provided for in this act, and to set up and use on such premises any apparatus and appliances necessary therefor. The agents and employees of such public utility shall have the right to be present at the making of such examinations and tests." Stats. 1911, 1st ex. sess., c. 14, § 46 (b). California. § 31 (b) of the Colorado law is identical with § 46 (b) of the California law Colorado. quoted above. Laws 1913, c. 127, § 31 (b). (See note p. 3.) "The commissioners and their employees engaged in the performance of their duties as such may, at all reasonable times, enter any premises, buildings, cars, or other places belonging to or controlled by any public service company, *** Penalty for obstructing any member, fine not to exceed $200 or imprisonment not more than six months, or both. P. A. 1911, c. 128, § 8. * and they may make personal visitation of railroad offices, stations and other places of business within or without the State for the purpose of such examination; ***." 1906, 2904, as am'd 1913, c. 6527. Gen. Stats. The commission may delegate to any member or to an examiner the powers of the board. Same, § 2917, as am'd 1913, c. 6527. The above may apply to telephone and telegraph companies. Connecticut. Florida. Authority granted to the commission, through any one or more of its mem- Georgia. bers at its direction, to make personal visitation to the offices and places of business of said companies for the purpose of examination." Code § 44 (b) of the Idaho law is practically identical with § 46 (b) of the California Idaho. law, quoted above. Laws 1913, c. 61, § 44 (b). Illinois. Indiana. Maryland. "The commission, its officers, agents, experts or inspectors and employees shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this Act, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor." Laws 1913, p. 459,1 § 54. "The commission, its agents, experts or examiners shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this act and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor." Acts 1913, c. 76, $ 40. The commission Massachusetts. Missouri. Montana. New Jersey. "Shall have power, either through its members or inspectors or employees duly authorized by it, to enter in or upon and to inspect the property, buildings, plants, factories, power-houses and offices of any such corporations or persons." Ann. Code 1911, Art. 23, 453. "The commission, its agents, experts and inspectors shall have power to enter upon any premises occupied by any corporation to which the provision of this sub-title or any of them are applicable, for the purpose of making the examinations, inspections, valuations and tests contemplated or provided for in this sub-title, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor for the purpose of said examinations, inspections and tests." Same, § 464. The commission may, either through its members or responsible agents, engineers, inspectors or examiners duly authorized by it, enter upon any premises occupied by any common carrier for any purpose consistent with the provisions of this act. *** Acts 1913, c. 784, § 13. "***The commission shall have power, either through its members or inspectors or employees duly authorized by it to enter in and upon and to inspect the property, equipment, buildings, plants, factories, offices, apparatus, machines, devices and lines of any telegraph corporation or telephone corporation." Laws 1913, p. 556, $ 90. "(e) The Commission, its agents, experts, or examiners shall have the power to enter upon any premises occupied by any Public Utility for the purpose of making the examinations and tests provided in this Act, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor. Any Public Utility refusing to allow such examinations to be made as herein provided, shall be subject to the penalties prescribed in Section 82 of this Act." Laws 1913, c. 52, § 10. "The board shall have power: (i) By its agents, experts or examiners, to enter upon any premises occupied by any public utility as herein defined, for the purpose Effective January 1, 1914. Fine $100-$500 for each day's default. |