OF MASSACHUSETTS RELATING TO RAILROAD CORPORATIONS, STREET RAILWAY COMPANIES, ELEC- THE PUBLIC SERVICE COMMISSION LAW, CHAPTER 784 OF THE ACTS OF 1913; OF THE REVISED LAWS AND SUBSEQUENT LEGISLATION TO AND INCLUDING THE YEAR 1913. WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 32 DERNE STREET. 1914. CHARLES E. MANN, Executive Secretary. ALLAN BROOKS, Assistant Secretary. OFFICE, 1 BEACON STREET, BOSTON. APPROVED BY THE STATE BOARD OF PUBLICATION. PUBLIC SERVICE COMMISSION LAW. CHAPTER 784 OF THE ACTS OF 1913. AN ACT TO CHANGE THE NAME, ENLARGE THE MEMBER- RAILROAD COMMISSIONERS. missioners, to public mission and enlarged. SECTION 1. The board of railroad commissioners, existing Board of railunder authority of section one of Part I of chapter four hundred road comand sixty-three of the acts of the year nineteen hundred and name changed six, shall hereafter be called the public service commission, service comhereinafter in this act called the commission, and its member- membership ship shall be enlarged so as to consist of five competent persons, hereinafter collectively called commissioners and individually referred to as commissioner, with the qualifications and disabilities in said act and this act prescribed. Upon the taking effect of this act the governor, with the advice and consent of the council, shall appoint two members in addition to the members of the board at that time and shall, notwithstanding the term for which any members of the board may have been heretofore appointed and the date of the expiration thereof, designate the terms of all of said members so that one member shall be appointed for five years, one for four years, one for three years, one for two years, and one for one year from the first day of July next. Thereafter, one member of the commission shall annually, before the first day of July, be appointed by the governor, with the advice and consent of the council, for a term of five years from said date. Whenever a new appointment is made, or whenever any vacancy in the commission is filled, the commissioners shall meet and choose one of their number as chairman. The chairman shall be paid an annual Compensation. salary of eighty-five hundred dollars, and each of the other commissioners shall receive an annual salary of eight thousand dollars. Not more than three commissioners shall be appointed from the same political party. commission. SECTION 2. The commission shall, so far as may be neces- Duties of the sary for the purpose of carrying out the provisions of this or any other act, have general supervision and regulation of, and jurisdiction and control over, the following services, when furnished or rendered for public use within the commonwealth, and all persons, firms, corporations, associations and joint stock associations or companies, hereinafter in this act collectively called common carriers and severally called a common carrier, furnishing or rendering any such service or services: R. L. 109, §§ 24 and 27, amended. 1906, 433, amended. Not to affect compensation of Massachusetts highway commission. Any investigation, etc., sachusetts highway commission to be con tinued, etc., by public service commission. a. The transportation or carriage of persons or property, or both, between points within the commonwealth by railroads, street railways, hereinafter called railways, electric railroads, and steamships, including express service and car service carried on upon or rendered in connection with such railroads, railways, electric railroads or steamships. b. The operation of all conveniences, appliances, facilities or equipment utilized in connection with, or appertaining to, such transportation or carriage of persons or property or such express service or car service, by whomsoever owned or by whomsoever provided, whether the service be common carriage or merely in facilitation of common carriage. c. The transmission of intelligence within the commonwealth by electricity, by means of telephone lines or telegraph lines or any other method or system of communication, including the operation of all conveniences, appliances, instrumentalities, or equipment utilized in connection therewith or appertaining thereto. SECTION 3. Sections twenty-four and twenty-seven of chapter one hundred and nine of the Revised Laws are hereby amended by substituting for the words "commissioner of corporations", and for any other word or words intended to designate said commissioner of corporations in each of said sections, whenever any jurisdiction is conferred with respect to corporations established for and engaged in the business of transmitting intelligence by electricity, the words: public service commission. Chapter four hundred and thirty-three of the acts of the year nineteen hundred and six is hereby amended by substituting in place of the words "Massachusetts highway commission", and any other word or words intended to designate the Massachusetts highway commission wherever used in said act, the words: - public service commission, and said act is further amended by repealing section three thereof. Nothing in this act shall affect the compensation at present paid to the members of the Massachusetts highway commission. SECTION 4. Any investigation, examination, proceeding or begun by Mas- appeal undertaken, begun or instituted by or before the Massachusetts highway commission in connection with the supervision of companies engaged in the transmission of intelligence by electricity prior to the taking effect of this act, may be conducted and continued to a final termination by the public service commission, in the same manner, under the same terms and conditions, and with the same effect as though the jurisdiction of the Massachusetts highway commission over such matters had not been terminated; but no order or ruling heretofore made by said last mentioned commission and then in force shall be invalidated by the taking effect of this act. This act shall not affect pending actions or proceedings, civil or criminal, brought by or against the Massachusetts highway commission; but the same may be prosecuted or defended in the name of the public service commission: provided, that the Pending proceedings not affected, etc. Proviso. subject-matter thereof is within the statutory jurisdiction of said public service commission. And this act shall not release or waive any right or penalty which may have arisen or may have been incurred, nor shall any right or penalty created or enforceable under this act be a bar to or affect any recovery or indictment for such right or such penalty. commission to certain to public mission. employees to SECTION 5. Upon the taking effect of this act the Massa- Massachusetts chusetts highway commission shall transfer and deliver to the highway. commission all books, maps, papers, files and records in its transfer, etc., possession relating to the supervision of all companies engaged records, etc., in the transmission of intelligence by electricity, and the com- service commission is hereby authorized to take possession of all such books, maps, papers, files and records. Upon the taking effect Certain of this act every officer or employee subordinate to or under be transferred, the control of or connected with the Massachusetts highway commission whose sole duty or exclusive employment relates to or has reference to the supervision of companies engaged in the transmission of intelligence by electricity shall become subordinate to or be transferred to the control of the commission in the same manner as if he were appointed under section nine of this act. etc. SECTION 6. Three members of the commission shall con- Quorum. stitute a quorum. No contested matter upon which a public hearing by said commission is required by law shall be heard or decided by less than a quorum of the commission. So much Repeal. of section six of chapter seven hundred and fifty-five of the acts of the year nineteen hundred and eleven as authorizes a hearing upon a contested matter to be held before one commissioner, and an order in any such matter made by one commissioner to be confirmed by the commission with the same effect as an order of the commission, is hereby repealed. and official evidence, etc. SECTION 7. Every vote, recommendation and order of the Records commission shall be entered of record; and the commission shall seal. have an official seal, which shall be judicially noticed. Copies Certified of all official documents and orders filed or deposited in the copies to be office of the commission, certified by a member of the commission, or by the secretary, to be true copies of the originals, under the official seal of the commission, shall be evidence in like manner as the originals in all courts of the commonwealth; and the commission may charge and collect for such copies ten cents for each folio. The fees so collected shall be paid into Fees. the treasury of the commonwealth. SECTION 8. The commission may expend for the salaries and Expenses. expenses authorized hereby and by other provisions of law, such amount as the general court shall annually appropriate. Sections three and four of Part I of chapter four hundred and Repeal. sixty-three of the acts of the year nineteen hundred and six are hereby repealed. SECTION 9. The commission may appoint a counsel to the Counsel. commission, and such attorneys as it may deem advisable, for appointment, such terms of office or employment and at such salaries as it |