to facilitate the transportation of property by a common carrier or vessel, or the loading or unloading of the same, other than a dock, wharf or structure, owned, operated, controlled or managed by a wharfinger." § 111. "Public Utilities."-The term "public utility," when used in this act, includes every common carrier, pipe-line corporation, gas corporation, electrical corporation, telephone corporation, telegraph corporation, water corporation, wharfinger and warehouseman, as those terms are defined in this section, and each thereof is hereby declared to be a public utility and to be subject to the jurisdiction, control and regulation of the commission and to the provisions of this act.28 27 Section 2 (aa), p. 21. 28 Section 2 (bb), p. 22. "Public utilities," as used in article XII of the freeholders' charter of the city and county of San Francisco, entitled, "Acquisition of Public Utilities," as amended in 1903, does not include the words "street railroads," yet its provisions, as amended by the addition of section 14 thereof, in 1907, are comprehensive enough to include the "street railroads." Platt v. San Francisco, 158 Cal. 74, 110 Pac. 304. CHAPTER VI. RAILROAD COMMISSION-GENERAL PROVISIONS. 112. Appointment of Commissioners. § 113. § 114. § 115. § 116. § 117. § 118. § 119. § 120. Term of Office. President of Commission-Election of. Vacancies-Filling of. Removal of Commissioners-Grounds for. Attorney to the Commission-Appointment of. Duties of Attorney to Commission. Secretary to the Commission-Appointment and Term of Duties of Secretary to Commission. § 121. Assistant Secretary-Powers and Duties of. § 122. § 123. § 124. Additional Officers and Employees. Oath of Office of Commissioners, Appointees, etc. Qualification and Eligibility of Commissioners, Appointees General Office of Commission-In San Francisco. Session of Commission at. Other Offices of Commission. § 125. § 126. § 127. § 128. § 129. Session of Commission, Public. § 130. § 131. Official Seal of Commission-Judicial Notice. Vacancy not to Impair Powers. Majority to Act-One may Investigate. Of Officers and Employees. Of Civil Executive Officer. Of Other Persons and Employees. § 140. Free Transportation of Commissioners and Employees. § 112. Appointment of Commissioners.-The Railroad Commission shall consist of five members, who shall be appointed by the governor from the state at large; provided, that the three commissioners in office on the tenth day of October, nineteen hundred and eleven, shall serve out the term for which they were elected, and that two additional commissioners shall be appointed by the governor to hold office during the same term.1 § 113. Term of Office.-Upon the expiration of said term, the term of office of each commissioner thereafter shall be six years, excepting that of the commissioners first appointed after the expiration of said term one shall be appointed to hold office until the first day of January, nineteen hundred and seventeen, two until the first day of January, nineteen hundred and nineteen, and two until the first day of January, nineteen hundred and twenty-one.' § 114. President of Commission-Election of. The commissioners shall elect one of their number president of the Commission." § 115. Vacancies - Filling of.-Whenever a vacancy in the office of commissioner shall occur, the governor shall forthwith appoint a qualified person to fill the same for the unexpired term.* § 116. Removal of Commissioners-Grounds for. The legislature, by a two-thirds vote of all members elected to each house, may remove any one or more of said commissioners from office for dereliction of duty or corruption or incompetency." § 117. Attorney to the Commission-Appointment of. The Commission shall have power to appoint as attorney to the Commission an attorney at law of this state, who shall hold office during the pleasure of the Commission." 1 Extraordinary Session 1911, c. 14, § 3 (a), p. 22. 2 Ib. 8 Ib. 4 Section 3 (b). • Section 4. § 118. Duties of Attorney to Commission.It shall be the right and the duty of the attorney to represent and appear for the people of the state of California and the Commission in all actions and proceedings involving any question under this act or under any order or act of the Commission, and, if directed to do so by the Commission, to intervene, if possible, in any action or proceeding in which any such question is involved; to commence, prosecute and expedite the final determination of all actions and proceedings directed or authorized by the Commission; to advise the Commission and each commissioner, when so requested, in regard to all matters in connection with the powers and duties of the Commission and the members thereof; and generally to perform all duties and services as attorney to the Commission which the Commission may require of him.' § 119. Secretary to the Commission-Appointment and Term of Office.-The Commission shall appoint a secretary, who shall hold office during its pleasure. § 120. Duties of Secretary to Commission.— It shall be the duty of the secretary to keep a full and true record of all proceedings of the Commission, to issue all necessary process, writs, warrants and notices, and to perform such other duties as the Commission may prescribe." § 121. Assistant Secretary-Powers and Duties of. The Commission may appoint an assistant secretary, who shall have all the powers conferred by law upon peace officers to carry weapons, make arrests and serve 7 Ib. 8 Section 5, p. 22. ⚫ Section 5, p. 23. warrants and other process in any county or city and county of this state." 10 § 122. Additional Officers and Employees.-The Commission shall have power to employ, during its pleasure, such officers, experts, engineers, statisticians, accountants, inspectors, clerks and employees as it may deem necessary to carry out the provisions of this act or to perform the duties and exercise the powers conferred by law upon the Commission." § 123. Oath of Office of Commissioners, Appointees, etc.-Each commissioner and each person appointed to a civil executive office by the Commission shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office.12 § 124. Qualification and Eligibility of Commissioners, Appointees and Employees.-Each commissioner shall be a qualified elector of this state, and no person in the employ of or holding any official relation to any corporation or person, which said corporation or person is subject in whole or in part to regulation by the Commission, and no person owning stocks or bonds of any such corporation or who is in any manner pecuniarily interested therein shall be appointed to or hold the office of commissioner or be appointed or employed by the Commission; provided, that if any such person shall become the owner of such stocks or bonds or become pecuniarily interested in such corporation otherwise than voluntarily, he shall within a reasonable time devest himself of such ownership or interest; 10 Ib. 11 Section 6. 12 Section 7. |