managing any telephone line or part of telephone line used in the conduct of the business of affording telephonic communication for hire; excepting, however, any corporation, company, association, joint-stock association, partnership or person, their lessees, trustees or receivers having property actually used in the public service within the state of a value not exceeding ten thousand dollars, or which do not operate the business of affording telephonic communication for profit. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

18. The term "telephone line," when used in this chapter, in cludes conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated or owned by any telephone corporation to facilitate the business of affording telephonic communication. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

19. The term " telegraph corporation," when used in this chapter, includes every corporation, company, association, joint-stock association, partnership and person, their lessees, trustees or receivers, appointed by any court whatsoever, owning, operating or managing any telegraph line or part of telegraph line used in the conduct of the business of affording for hire communication by telegraph. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

20. The term "telegraph line," when used in this chapter, includes conduits, ducts, poles, wires, cables, cross-arms, instruments, machines, appliances and all devices, real estate, easements, apparatus, property and routes used, operated or owned by any telegraph corporation to facilitate the business of affording communication by telegraph. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

§ 3. Public service districts. There are hereby created two public service districts, to be known as the first district and

the second district. The first district shall include the counties of New York, Kings, Queens and Richmond. The second district shall include all other counties of the state.

§ 4. Commissions established; appointment; removal; terms of office. There shall be a public service commission for each district, and each commission shall possess the powers and duties hereinafter specified, and also all powers necessary or proper to enable it to carry out the purposes of this chapter. The commission of the first district shall consist of five members and the commission. of the second district shall consist of five members, to be appointed by the governor, by and with the advice and consent of the senate, one of whom designated by the governor shall, during his term of office, be the chairman of the commission of which he is a member. Each commissioner shall be a resident of the district for which he is appointed.

The governor may remove any commissioner for inefficiency, neglect of duty or misconduct in office, giving to him a copy of the charges against him, and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days' notice. If such commissioner shall be removed the governor shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and his findings thereon, together with a complete record of the proceedings.

Of the members of the commission in each district first appointed hereunder, one shall hold office until February first, nineteen hundred and nine, one until February first, nineteen hundred and ten, one until February first, nineteen hundred and eleven, one until February first, nineteen hundred and twelve, and one until February first, nineteen hundred and thirteen; the term of office of each commissioner so appointed shall begin on the first day of July, nineteen hundred and seven. Upon the expiration

of each of such terms, the term of office of each commissioner thereafter appointed shall be five years from the first of February. Vacancies shall be filled by appointment for the unexpired term.

§ 5. Jurisdiction of commissions. 1. The jurisdiction, supervision, powers and duties of the public service commission in the first district shall extend under this chapter:

a. To railroads and street railroads lying exclusively within that district, and to the persons or corporations owning, leasing or operating the same;

b. To street railroads any portion of whose lines lies within. that district, to all transportation of persons or property thereon within that district or from a point within either district to a point within the other district, and to the persons or corporations owning, operating or leasing the said street railroads; provided, however, that the commission for the second district shall have jurisdiction over such portion of the lines of said street railroads as lies within the second district, and over the persons or corporations owning, operating or leasing the same, so far as concerns the construction, maintenance, stationary equipment, terminal facilities, stations, and local transportation facilities of said street railroads within the second district;

c. To such portion of the lines of any other railroad as lies within that district, and to the person or corporation owning, leasing or operating the same, so far as concerns the construction, maintenance, stationary equipment, terminal facilities, stations and local transportation facilities, and local transportation of persons or property within that district;

: d. To any common carrier other than a railroad corporation or street railroad corporation operating or doing business within that district, so far as concerns operations exclusively within that district;

e. To the manufacture, sale or distribution of gas and electricity for light, heat or power in the first district, to gas plants

and to electric plants therein, and to the persons or corporations owning, leasing or operating the same.

2. And in addition thereto, the commission in the first district shall have and exercise all powers heretofore conferred upon the board of rapid transit railroad commissioners under chapter four of the laws of eighteen hundred and ninety-one, entitled "An act to provide for rapid transit railways in cities of over one million inhabitants," and the acts amendatory thereof, together with such other and necessary powers as may be requisite to the efficient performance of the duties imposed upon said board by said act.

3. All jurisdiction, supervision, powers and duties under this chapter not specifically granted to the public service commission of the first district shall be vested in, and be exercised by, the public service commission of the second district, including the regulation and control of all transportation of persons or property, and the instrumentalities connected with such transportation, on any railroad other than a street railroad from a point within either district to a point within the other district.

4. A corporation or person owning or holding a majority of the stock of a common carrier, gas corporation or electrical corporation subject to the jurisdiction of the commission shall be subject to the supervision of the same commission in respect of the relations between such common carrier, gas corporation or electrical corporation and such owners or holders of a majority of the stock thereof in so far as such relations arise from or by reason of such ownership or holding of stock thereof or the receipt or holding of any money or property thereof or from or by reason of any contract between them; and in respect of such relations shall in like manner and to the same extent as such common carrier, gas corporation or electrical corporation be subject to examination of accounts, records and memoranda, and shall furnish such reports and information as the commission shall from time to time direct and require, and shall be subject to like penalties for default therein.

5. The jurisdiction, supervision, powers and duties of the public service commission in the second district shall extend, under this chapter, to every telephone line which lies wholly within the state of New York and that part within the state of New York of every telephone line which lies partly within and partly without the state of New York and to the persons or corporations owning, leasing or operating any such telephone line. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

6. The jurisdiction, supervision, powers and duties of the public service commission in the second district shall extend, under this chapter, to every telegraph line which lies wholly within the state of New York and that part within the state of New York of every telegraph line which lies partly within and partly without the state of New York and to the persons or corporations owning, leasing or operating any such telegraph line. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

7. Corporations formed to acquire property or to transact business which would be subject to the provisions of this chapter, and corporations possessing franchises for any of the purposes contemplated by this chapter, shall be deemed to be subject to the provisions of this chapter although no property may have been acquired, business transacted or franchises exercised. (Added by L. 1910, ch. 673, in effect September 1, 1910.)

Each commission shall

§ 6. Counsel to the commissions. appoint as counsel to the commission an attorney and counselor-at law of the state of New York, who shall hold office during the pleasure of the commission. Each counsel to the commission shall, subject to the approval of the commission, have the power to appoint, and at pleasure remove, attorneys and counselors-at-law, to assist him in the performance of his duties, and also to employ and remove stenographers and process-servers.