"No officer, agent, servant or employee of any Railroad Company who shall appear and testify before the Commission under the provisions of this Act, or any civil or criminal proceedings instituted by them under the provisions of this Act, shall be liable to indictment or presentment for any violation of this Act about which they so testify; * * *” Acts 1897, c. 10, § 10. The above act applies only to railroads and common carriers, but the above may apply to telephone and telegraph companies by virtue of Acts 1913, c. 32, $ 16. "*** The claim by any witness that any testimony sought to be elicited may tend to incriminate him shall not excuse such witness from testifying, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding, excepting in a prosecution for perjury. ***" Laws 1911, c. 117, § 76. "*** A claim that any such testimony or evidence may tend to criminate the person giving the same, shall not excuse such witness from testifying, but such witness shall not be prosecuted for any offense concerning which he is compelled hereunder to testify." Acts 1913, c. 9, § 13. See, also, § 18. Tennessee. Washington. West Wisconsin. For provisions for the assessment of expenses incurred in the appraisal of Michigan. property in connection with the issue of securities, see P. A. 1911, No. 177, quoted on p. 321. The expenses of the railroad commission were assessed against the railroads New in proportion to their gross earnings. Pub. Stats. c. 155, § 7. Hampshire. This provision has not been expressly repealed or extended to other utilities. A sum not exceeding $75,000 each year is to be apportioned among and col- Ohio. lected from railroads and public utilities in proportion to the intrastate gross earnings, for the maintenance of the public service commission. Gen. Code 1910, § 606, as am'd Laws 1911, p. 549, § 1. The above is continued in force in connection with the public utilities commission. Laws 1913, p. 804, § 20 [499-7]. All expenses, including salaries shall be assessed against the companies under the supervision of the commission, according to their gross earnings, and collected as taxes are collected. Code 1912, §§ 3141, 3164, 3328. "There shall be paid by all public service corporations subject to the provisions of this act a special license fee in addition to those now required by law. Such fee shall be fixed by the auditor upon each of such public service corporations according to the value of its property, as ascertained by the last preceding assessment, and shall be apportioned among such public service corporations upon the basis of such valuation, so as to produce a revenue of sixty thou South West (W. Va.) District of Arizona. California. [Colorado. Idaho. Illinois. Indiana. Maryland. Michigan. sand dollars per annum, or so much thereof as may be necessary, 5. SECTIONS OF STATUTES INDEPENDENT OF EACH OTHER. § 84 of the Arizona law (Laws 1912, c. 90) is identical with § 84 of the California law, quoted below. "If any section, sub-section, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. legislature hereby declares that it would have passed this act, and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional." Stats. 1911, 1st ex. sess., c. 14, § 84. § 67 of the Colorado law differs only in unimportant details of phraseology from § 84 of the California law, quoted above. Laws 1913, c. 127, § 67. (See note p. 3.) § 78 of the Idaho law contains a provision identical with § 84 of the California law, quoted above. Laws 1913, c. 61, § 78. "If any section, subdivision, sentence or clause of this Act is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Act." Laws 1913, p. 459,1 § 83. "In case any of the provisions of this act shall be held invalid such fact shall not operate to make invalid any other part of this act, and the parts of this act not adjudged to be invalid shall be observed and enforced the same as though the invalid part or parts had not been enacted." Acts 1913, c. 76, § 131. "Each section of this sub-title and every part of each section are hereby declared to be independent sections, and the holding of any section or sections, or part or parts thereof, to be void, ineffective or unconstitutional for any cause, shall not be deemed to affect any other section or part thereof." Ann. Code 1911, Art. 23, § 468. "Every provision of this act, every section and every part of every section is hereby declared to be independent in so far as this relation shall be necessary to the validity of this act, and the fact that any provision, section, or part of any section is void shall not be held to invalidate any other portion of this act." P. A. 1913, No. 205, § 25. 'Effective January 1, 1914. § 137 of the Missouri law is identical with § 84 of the California law, quoted Missouri. above. Laws 1913, p. 556, § 137. "Each section of this Act and every part of each section are hereby declared to be independent sections and parts of sections, and the holding of any section or part thereof to be void or inoperative for any cause, shall not be deemed to affect any other section thereof." Laws 1913, c. 52, § 33. "Each section of this act and every part of each section is hereby declared to be independent sections and parts of sections and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or any part thereof." Rev. Laws 1912, § 4585. "If, for any reason, any section or provision of this act shall be questioned in any court, and shall be held to be unconstitutional or invalid, no other section or provision of this act shall be affected thereby." Laws 1911, c. 195, § 42. Montana. Nevada. New Jersey. Similar to Nevada. Laws 1911, p. 549, § 86 [614-82]; Laws 1913, p. 804, Ohio. § 45 [551-5]. "It is hereby declared that the provisions of this act are severable one from another, and severable as to the public service companies and subject-matters respectively dealt with thereby; and if for any reason one or more of such provisions be judicially held to be unconstitutional as applicable to any particular public service company or subject-matter dealt with by such provision, or be held unconstitutional in anywise for any reason, such holding or decision shall not affect the validity of such provision or provisions as applicable to other public service companies or subject-matters dealt with thereby, or the validity of the remaining provisions of this act. It is hereby declared that the said provision, and the said remaining provisions, would have been enacted notwithstanding such judicial determination of the invalidity of any of said particular provision. or provisions in any respect." Laws 1913, No. 854,1 Art. VI, § 50. Similar to Maryland. Laws 1912, c. 795, § 58. "If any section, subdivision, sentence or clause of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this act." Laws 1911, c. 117, § 108. 6. CORRUPT PRACTICES BY UTILITIES. "No commissioner nor person appointed or employed by the commission shall solicit or accept any gift, gratuity, emolument or employment from any person or corporation subject to the supervision of the commission, or from any officer, agent, or employee thereof; nor solicit, request from or recommend, directly or indirectly, to any such person or corporation, or to any officer, agent or employee thereof the appointment of any person to any place or position. And every such corporation and person, and every officer, agent or employee thereof, is hereby forbidden to offer to any commissioner or to any person appointed or employed by the commission any gift, gratuity, emolument or employment. If any commissioner or any person 'Effective January 1, 1914. Pennsylvania. Rhode Washington. Illinois. (Ill.) Indiana. Maryland. Mississippi. Missouri. Montana. Nevada. New Jersey. New York. appointed or employed by the commission shall violate any provi- The giving of franks, special privileges or free service upon political grounds is forbidden under penalty of fine of from $200-$1000 or imprisonment 1-5 years. Acts 1913, c 76, § 111. A provision similar to that in New York (§ 15) appears in Ann. Code 1911 Art. 23, § 419. The giving of free service on political grounds is forbidden. Code 1906, § 3727. A provision similar to that in New York (§15) appears in Laws 1913, p. 556, § 17. For provisions applying to the railroad commission which is, officio, the public service commission, see Rev. Codes 1907, § 4394. See Rev. Laws 1912, § 4573, forbidding the giving of passes or franks to public officials, which may apply to telephone and telegraph companies. "No public utility as herein defined shall: (g) Hereafter give, grant or bestow upon any local, municipal or county official any discrimination, gratuity or free service whatsoever, but nothing herein contained shall prevent the entry into any public conveyance or in or upon the property of any such public utility as herein defined of any such official in the pursuit of his public duties in connection with the particular conveyance or property so entered by him, upon exhibiting his authority so to do." Laws 1911, c. 195, § 18. "Every commission, counsel to a commission, the secretary of a commission, and every person employed or appointed to office, either by a commission or by the counsel to a commission, is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any corporation or person subject to the supervision of either commission, or to any officer, attorney, agent or employee thereof, the appointment of any person to any office, place, position or employment. And every such corporation and person, and every officer, attorney, agent and employee thereof, is hereby forbidden and prohibited to offer to any commissioner, to counsel to a commission, to the secretary thereof, or to any person employed by the commission or by the counsel to a commission, any office, place, appointment or position, or to offer or give to any commissioner, to counsel to a commission, to the secretary thereof, or to any officer employed or appointed to office by the commission or by the counsel to the commission, any free pass or transportation or any reduction in fare to which the public generally are not entitled or free carriage for property or any present, gift or gratuity of any kind." Any commissioner, or person connected with a commission violating this section shall be removed from office. Laws 1910, c. 480, Pub. Ser. Com. Law, $ 15. 'Effective January 1, 1914. The giving, on political grounds, of any reduced rate, frank or special privi- Oregon. lege is forbidden under penalty of imprisonment for from one to five years or fine $200 to $1,000, or both. Laws 1911, c. 279, § 62. "Every public service company, and every officer, attorney, agent, or employee thereof, is hereby forbidden to offer to any commissioner, the said secretary, attorneys, marshal, or investigator of accidents, or to any person appointed or employed by the commission, any office, place, appointment, or position; or to offer to give any commissioner, the said secretary, attorneys, marshal, or investigator of accidents, or to any person employed in the service of the commission or in connection with the work of the commission, any free pass or transportation, or any reduction in fares to which the public generally is not entitled, or any free carriage of property, or any present, gift, or gratuity, money or valuable thing of any kind." Laws 1913, No. 854,1 Art. IV, § 13. Pennsylvania. For a provision forbidding railroads to give gratuities to commissioners, see Tennessee. Acts 1897, c. 10, § 5. The giving, on political grounds, of any frank or any special privilege, is Wisconsin. prohibited under penalty of imprisonment for from one to five years, or fine of from $200-$1,000. Stats. 1911, § 1797m-88. 7. LEGAL RIGHTS AND LIABILITIES EFFECT OF ACT UPON. “*** Provided, That nothing herein contained shall be held to relieve any public utility, its officers, agents, or servants, from any punishment, fine, forfeiture, or penalty for violation of any such law, ordinance, regulation, or duty imposed by its charter, nor to limit, take away, or restrict the jurisdiction of any court or other authority which now has or which may hereafter have power to impose any such punishment, fine, forfeiture, or penalty." District Appropriation Act, March 4, 1913, § 8, par. 4. "That this section shall not have the effect to release or waive any right of action by the United States, or by the District of Columbia, or by any person, for any right, penalty, or forfeiture which may have arisen or which may hereafter arise under any law of the United States or any regulation in force in the District of Columbia; Same, par. 93. "That, except as modified or changed by this section and until modified or changed under its provisions, all charters, statutes, laws, ordinances, and regulations now in force shall remain and continue to be in full force and effect until altered, amended, or repealed according to law: Provided, That all charters, statutes, Acts, and parts of Acts, laws, ordinances, and regulations inconsistent and repugnant to the provisions of this section, and only so far as inconsistent and repugnant thereto, are hereby repealed." Same, par. 101. "This chapter shall not have the effect to release or waive any right of action by the state or by any person, or any right, penalty, or forfeiture which may have arisen, or which may hereafter arise under any law of this state; *** Code 1907, § 5717. District of Alabama. |