Arizona. California. [Colorado. Connecticut. Idaho. Illinois. Indiana. Iowa. Kansas. 28. WIRES CROSSING RAILROADS. The commission probably has power to regulate the stringing of wires over railroads under its general powers to require the maintenance of safe equipment, etc. Laws 1912, c. 90, §§ 35, 42. The commission probably has power to regulate the stringing of wires over railroads under its general powers to require the maintenance of safe equipment, etc. Stats. 1911, 1st ex. sess., c. 14, §§ 35, 42, as am'd 1913, c. 553, § 4. The commission probably has power to regulate the stringing of wires over railroads under its general powers to require the maintenance of safe equipment. Laws 1913, c. 127, §§ 24, 29. (See note p. 3.) The commission probably has power to regulate the stringing of wires over railroad crossings by virtue of the provisions authorizing it to remedy dangerous conditions. P. A. 1911, c. 128, §§ 13-16. The commission probably has power to regulate the stringing of wires over railroads under its general powers to require the maintenance of safe equipment Laws 1913, c. 61, §§ 33, 40. The commission is authorized to prescribe the installation and use of appropriate safety devices, including protective devices at grade crossings. Laws 1913, p. 459,1 § 57. The manner of stringing wires over railroads is prescribed, subject to modification, in certain respects, by the railroad commission, which is charged with the enforcement of the act. Acts 1911, c. 202. The manner in which street, interurban or suburban railroad companies may cross, with feed and transmission wires, the wires of telegraph and telephone companies is to be determined by the railroad commission. Acts 1913, c. 268, § 1 (p). The authority of the railroad commission is transferred to the public service commission. Acts 1913, c. 76, § 4. The railroad commission has certain authority as to crossings of wires over railroads. Sup. Code 1907, §§ 2120d-2120j. See, also, Laws 1913, c. 174, relating to protection of high tension transmission lines. (Telephone and telegraph companies in Iowa are subject to the jurisdiction of the railroad commission as to the above matters only. The details of organization, etc., are not, therefore, included herein.) The board of railroad commissioners, succeeded by the public utilities commission, has authority to prescribe regulations for stringing wires over or under railroad tracks. Penalty prescribed for violation of orders relating thereto. Gen. Stats. 1909, §§ 7231-7233. 1Effective January 1, 1914. In case a company maintaining a telephone or other electrical line cannot agree with a railroad company 66 as to constructing lines along the same, or as to the manner in which lines may be constructed upon, along or across the same, either party may apply to the railroad commissioners, who, after notice to those interested, shall hear and determine the matter and make their award in relation thereto, which shall be binding upon the parties. The expenses of the hearing shall be paid by the company, person or association seeking to construct lines on the railroad, except that if the railroad commissioners shall find that parties operating the railroad have unreasonably refused their consent, said parties shall pay the expenses." Rev. Stats. 1903, c. 55, § 24. The above power is continued in the public utilities commission. Laws 1913, c. 129, § 71. The commission has authority to prescribe the manner in which wires shall Michigan. cross railroads and to enforce its orders. Comp. Laws 1897, §§ 6352-6355, as am'd P. A. 1905, No. 127, and P. A. 1909, No. 300, § 49. No pole shall be placed less than eight feet from the center of any track, Minnesota. and no wire shall be hung less than 21 feet from the top of the rail. The railroad and warehouse commission is charged with the duty of enforcing these requirements. Laws 1913, c. 307. (The commission having jurisdiction over telephone companies in connection. with the above matter only, details of organization, etc., are not included herein.) Upon complaint of a railroad company the railroad commission is author- Mississippi. ized to determine how poles and wires of telephone and telegraph companies shall be erected at railroad crossings. Code 1906, § 1876. *** "***The commission shall have full power to determine The corporation commission is authorized to prescribe rules regulating the manner in which telegraph and telephone lines shall cross electric power lines. P. L. 1913, c. 130. Nevada. North The manner in which telephone and telegraph wires must be constructed at Ohio. railroad crossings prescribed. Gen. Code 1910, § 8975. The railroad commission to enforce above, with power to remove wires not in accordance therewith. Same, § 8976. The public utilities commission succeeds the railroad commission. Laws 1913, p. 804, § 20 [499-7]. 'Defined to include telephone and telegraph companies. Oklahoma. Pennsylvania. The corporation commission has adopted rules regulating the manner of construction of wires over railroad crossings (Order No. 353), claiming jurisdiction in this matter under the general powers granted by Const., Art. 9, § 18, quoted on p. 45. "It shall be the duty of every public service company (t). To obey and abide by all lawful orders and regulations of the commission, made under the provisions of this act, regulating the manner in which the tracks or other facilities of any railroad corporation, street railway corporation, or any other public service company, may be constructed across the tracks or other facilities of any other railroad corporation, street railway corporation, or any other public service company, at grade, or above or below grade, or at any prescribed level; *** or regulating the manner in which such crossings shall be operated, maintained, and protected, including the *** installation and regulation of *** safety appliances, devices, or such other means or instrumentalities as the commission may prescribe; as well as to obey and abide by all lawful orders and regulations of the commission, made under the provisions of this act, requiring the alteration, relocation, removal, or abolition. of any such crossings, to the end, intent, and purpose that accidents may be prevented; and also to bear and pay the expenses, damages, or compensation incident thereto, either severally or in such proportions as the commission may determine under the provisions of this act." Laws 1913, No. 854,1 Art. II, § 1. "Upon the approval of the commission, evidenced by its *** The commission is given full authority to enforce the above, including the power to determine the compensation to be paid for property taken or injured in such construction, provided: "That where the order of the commission shall, as part of the regulation of the construction, relocation, alteration, or abolition of any crossing aforesaid, require, as incidental thereto, a relocation. changes in or the removal of any adjacent structures, equipment or other facilities of any telegraph, telephone, gas, electric light, water-power, water pipe-line, or other public service company, said company shall, at its own expense, relocate, change, or remove such structures, equipment, or other facilities, in conformity with the order of the commission; and, in default of compliance with such order, the commission shall cause the work and materials to be done and furnished in accordance with the said order, and may recover the cost and expense thereof from the said public service company." Detailed provisions follow as to adjusting street crossings with municipal authorities, apportioning the expense thereof among the public service companies, etc. Same, § 12. 'Effective January 1, 1914. The commission probably has authority to regulate the stringing of wires Rhode over railroads by virtue of its power to remedy dangerous conditions. Laws Island. 1912, c. 795, § 23. "The board of railroad commissioners, shall have full power and authority, and are hereby directed, to make such rules and regulations for the stringing or suspending of any telephone, telegraph, electric or other wire over any track of any railroad company (street railways excepted) doing business in this state." Laws 1911, c. 207, § 49. South The commission may, on petition, exercise certain jurisdiction as to crossings. Virginia. Code 1904, § 1294 b (3). Wires must be placed not less than 23 feet above railroad crossings. Same, § 1294 h (1). The manner in which all wires must be strung over railroad tracks prescribed. Stats. 1911, § 1778 a-1. Wisconsin. The railroad commission is vested with authority to enforce above. Same, § 1778 a-2. United The annual report of the Commission shall contain "such recommendation as to additional legislation" relating to the regulation of commerce, "as the States. Commission may deem necessary." § 21, Act to Regulate Commerce, as am'd. "That whenever any public utility or person shall propose any change in any law relating directly or indirectly to the property or operations of any public utility the said proposed change shall also and at the same time be submitted to the commission, which may take testimony and give a public hearing thereon, and the commission shall recommend such bills as will in its judgment protect the interests of the public and such public utility and transmit the same to the proper committees of the Senate and House of Representatives." District Appropriation Act, March 4, 1913, § 8, par. 5. It is the duty of the commissioners to recommend from time to time such legislation as they may deem advisable." Gen. Stats. 1906, § 2915. District of Florida. The commission, in annual report, to recommend such legislation as it may Georgia. deem advisable. Code 1910, § 2644. "The commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within its jurisdiction, if requested to do so by the General Assembly or by either branch thereof, or by a standing committee of either branch thereof, and shall report its conclusions to the General Assembly. The commission may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest. "Laws 1913, p. 459,1 § 8. 'Effective January 1, 1914, Illinois. [Maine. Maryland. Massachusetts. Michigan. Missouri. New "No public utility shall apply to the legislature to grant it any right, privilege or immunity which the public utility commission has power to grant to said utility until said utility shall first have exhausted its rights in that behalf before said commission, and in making such application to the legislature said utility shall make a statement in writing, which shall accompany the proposed legislation, that it has applied to said commission for the right, privilege or immunity requested and that said commission has denied its application." Laws 1913, c. 129, § 69. (See note p. 3.) "The commission shall conduct a hearing and take testimony as to the advisability of any proposed change of law relating to any *** corporation subject to the provisions of this sub-title if requested to do so by the legislature, by the senate, or general assembly, or the governor, and may conduct such a hearing, when requested to do so, by any person or corporation, and shall report its conclusions to the officer, body, person or corporation at whose request the hearing was held. The commission may also recommend the enactment of such legislation with respect to any further matter within its jurisdiction as it deems wise or necessary in the public interest, and may draft or cause to be drafted such bills or acts as it may deem necessary or proper to enact into law the legislation recommended by it." Ann. Code 1911, Art. 23, § 432. The commission may be represented at any public hearings before any legislative committee or public board in this commonwealth, or of any other state or of the United States, with respect to any proposed legislation or action by public authorities within or without the commonwealth affecting any public service within the commonwealth subject to its supervision, whenever in its opinion such representation is desirable in the interests of this commonwealth. ***." Acts 1913, c. 784, § 10. "The commission shall conduct a hearing and take testimony as to the advisability of any proposed change of law relative to any matter within its jurisdiction if requested to do so by the legislature, by the scnate or house committee on railroads, or by the Governor, and shall report its conclusions to the officer or body at whose request the hearing was held. The commission may also recommend the enactment of such legislation, with respect to any matter within its jurisdiction, as it deems wise or necessary in the public interest, and may draft or cause to be drafted such bills or acts as it may deem necessary or proper to enact into law the legislation recommended by P. A. 1909, No. 300, $50. "The commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within the jurisdiction of the commission, if requested to do so by the legislature or by either branch thereof or by the governor, and shall report its conclusions to the legislature, or to the governor if the request was made by him. The commission may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest." Laws 1913, p. 556, § 18. The commission shall suggest and recommend needed legislation in its biennial reports. Laws 1911, c. 164, § 25, as am'd and renumbered by Laws 1913, c. 145, § 20. |