Page:The Green Bag (1889–1914), Volume 19.pdf/447

 416

THE GREEN BAG

salaries and expenses of this Commission, however, are to be paid by the Board of Estimate of New York City upon requisi tion by the Commission. In case the Board of Estimate fails to make any appropria tion, the Commission may apply to the Appellate Division of the First Department to determine what amount should be appro priated for the necessary purposes of the Commission, and the decision of the Appel late Division thereon shall be final and conclusive. It is possible, however, for the city to be relieved from all of the expenses, for the act provides that the Commission may provide that such expenses are to be repaid with interest by the bidder at the public sale of rights or franchises under the Rapid Transit Act. This, therefore, does not place any addi tional burden upon the City of New York. The Rapid Transit Commissioners, although not paid a salary, each year made applica tion to the Appellate Division for an annual allowance which was imposed upon the city. The Public Services Act actually re lieves the city from this expense, for the state assumes the salaries of the Commis sioners, and the other expenses will be incurred only in the planning and develop ment of subway routes which are proper local expenses, and can be repaid by the bidders. It may, therefore, happen, that although the city will receive great benefits from this new Commission, it will be actu ally relieved from all of its expense. Powers of the Commissions. The Commis sions are given general supervision of all common carriers, railroads, street railroads, railroad corporations and street railroad corporations, as before described, and power as well as the duty to examine and keep informed as to their general condition, capi talization, franchises and the manner in which their lines, whether owned, leased, controlled or operated, are managed, con ducted and operated, not only with respect to the adequacy, security and accommoda tion afforded by their service, but also with

respect to their compliance with all provi sions of law, orders of the Commission, and charter requirements. In addition the Com missions are 'given general supervision over persons and corporations having authority to lay down, erect or maintain wires, pipes, conduits, ducts or other fixtures in, over or under public streets and places for the pur pose of furnishing or distributing gas or electricity for light, heat or power, or main taining underground conduits or ducts for electrical conductors. At first the Commissions were given ju risdiction over pipe lines, but on the ground that the only ones in the state (in the western part and belonging to the Stan dard Oil Company) were subject to the Interstate Commerce Act, they were finally omitted. Neither are telephone or telegraph companies included, but it is altogether probable, that they will be brought under the operations of the act next year. The scope of investigations by the Com mission is indicated by the provision that each Commission may of its own motion investigate or make inquiry, in a manner to be determined by it, as to any act or thing done or omitted to be done by any common carrier, and the Commission must make inquiry in regard to such matters or viola tions of any provision of law or of an order of the Commission. In addition, complaints may be made by any person or corporation aggrieved, by petition or complaint in writing, and thereupon a copy thereof shall be forwarded to the person or corporation complained of, accompanied by an order requiring the matters complained of to be satisfied, or that the charges be answered in writing within a time to be specified by the Commission. If reparation for the injury be made or the violations cease and the Commission so notified before the time to answer, the Commission need take no further action upon the charges; otherwise the Commission shall investigate such charges and take such action within its powers as the facts justify, but every such action must