Page:The Green Bag (1889–1914), Volume 19.pdf/450

 THE PUBLIC SERVICE COMMISSIONS ACT inadequate, the Commission shall deter mine the just, reasonable, safe, adequate and proper regulations, practices, equip ments, appliances and service thereafter to be in force, to be observed and to be used in such transportation of persons, freight and property, and so fix and prescribe the same by order. The Commission is given specific power to require any two or more common carriers or railroad corporations whose lines, owned, operated, controlled or leased, form a con tinuous line of transportation or could be made to do so by the construction and maintenance of switch connection, to estab lish through routes and joint rates, fares and charges, and in case such through routes and joint rates are not established within the time specified, the Commission shall establish just and reasonable rates and charges for such through transportation, and declare the portion thereof to which each common carrier or railroad corporation affected thereby shall be entitled, and the manner in which the same shall be paid and secured. If repairs or improvements or changes in any tracks, switches, terminals or terminal facilities, motive power or any other prop erty or device used by any common carrier or railroad corporation reasonable to be made or any additions should reasonably be made thereto, in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities, the Commission shall, after a hearing, make and serve an order directing such repairs, improvements, changes or additions, and the corporations so affected are required to obey the order. The Commission is given power to order after a hearing, an increase in the number of trains or cars or motive power or change in the time schedule, or make any other suit able order deemed reasonably necessary to accommodate the traffic. Uniform Accounts. — Each Commission may establish a uniform system of accounts

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to be used by common carriers, and may prescribe the manner in which they shall be kept, which may include the accounts of the movement of traffic as well as the receipts and expenditures of moneys. The system of accounts to be established by the Com mission shall conform as nearly as possible to those established by the Interstate Com merce Commission. For the purpose of insuring the correct keeping of accounts in accordance with its orders, the Commission is given access to all accounts and books of the corporation, but any employee or agent of the Commission who divulges any fact or information which may come to his knowledge during an inspection or exami nation, except in so far as he may be directed by the Commission or by a court or judge thereof, or authorized by law, shall be guilty of a misdemeanor. Control over Franchise. — In order to pre vent the exploiting of so-called sleeping charters of which there are a considerable number in New York City, the act provides that without first having obtained the per mission and approval of the proper commis sion, no railroad corporation, street railroad corporation, or common carrier, shall begin construction of a railroad or street railroad or any extension for which a certificate of public convenience and necessity had not been obtained from the state board of rail road commissioners, or where the corpora tion had not become entitled by virtue of its compliance with the provisions of the railroad law to begin such construction; nor, except as so provided, shall any such cor poration or common carrier exercise any franchise or right under any provision of the railroad law or of any other law not hereto fore lawfully exercised without first having obtained the permission and approval of the proper commission. The permission and approval of the proper commission is to be made after due hearing and determina tion that such construction or such exercise of a franchise or privilege is necessary or convenient for the public service.