LAWS AFFECTING THE REGULATION OF RAILROADS* Including Street and Interurban Railways and Telegraph Companies. Laws affecting railroads in the regulation of fish and game, taxation, workmen's compensation and allied subjects have been omitted from this compilation. RAILROAD COMMISSION For general penalties, see sections 1797-25 to 1797-27 inclusive, and section 1819, p 119. ORGANIZATION, POWERS AND PROCEDURE Railroad commissioner, office abolished. Section 1797-36. All powers, duties and privileges imposed and conferred upon the railroad commissioner of this state under existing laws are hereby imposed and conferred upon the commission created under the provisions of sections 1797-1 to 1797-38,1 inclusive. 1 See p. 163. Commission, how created. Section 1797-1. A railroad commission is hereby created to be composed of three commissioners. Immediately after the passage of sections 1797-1 to 1797-381 inclusive, the governor shall, by and with the advice and consent of the senate, appoint such commissioners, but no commissioner so appointed shall be qualified to act until so confirmed. The term of one such appointee shall terminate on the first Monday in February, 1909; the term of the second such appointee shall terminate on the first Monday in February, 1911; and the term of the third such appointee shall terminate on the first Monday in February, 1913. In January, 1909, and biennially thereafter, there shall be appointed and confirmed, in the same manner, one commissioner for the term of six years from the first Monday in February of such year. Each commissioner so ap *The text follows the Statutes of 1911. shown in italics. Amendments of 1913 are pointed shall hold his office until his successor is appointed and qualified. Any vacancy shall be filled by appointment by the governor for the unexpired term, subject to confirmation by the senate, but any such appointment shall be in full force until acted upon by the senate. See p. 163. COMMISSIONERS, QUALIFICATIONS. (a) The said commissioners shall have the following qualifications: One shall have a general knowledge of railroad law; each of the others shall have a general understanding of matters relating to railroad transportation. REMOVAL FROM OFFICE, GOVERNOR'S POWER. (b) The governor may at any time remove any commissioner for inefficiency, neglect of duty or malfeasance in office. Before such removal he shall give such commissioner a copy of the charges against him and shall fix a time when he can be heard in his own defense, which shall not be less than ten days thereafter, and said hearing shall be open to the public. If he 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 with the record of the proceedings. PRIVATE INTERESTS OF COMMISSIONERS, RESTRICTIONS. (c) No person so appointed shall be pecuniarily interested in any railroad in this state or elsewhere, and if any such commissioner shall voluntarily become so interested, his office shall ipso facto become vacant; and if he shall become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest; failing so to do, his office shall become vacant. FURTHER RESTRICTIONS. (d) No commissioner, nor the secretary, shall hold any other office or position of profit, or pursue any other business or vocation, or serve on or under any committee of any political party, but shall devote his entire time to the duties of his office. OATH OF OFFICE. (e) Before entering upon the duties of his office, each of said commissioners shall take and subscribe the constitutional oath of office, and shall in addition thereto swear (or affirm) that he is not pecuniarily interested in any railroad in this state or elsewhere, and that he holds no other office of profit, nor any position under any political committee or party; which oath or affirmation shall be filed in the office of the secretary of state. CHAIRMAN, ELECTION OF. (g) The commissioners appointed under sections 1797-1 to 1797-38, inclusive, shall within twenty days after their appointment and confirmation meet at the state capitol and organize by electing one of their number chairman, who shall serve until the second Monday of February, 1907. On the second Monday of February in each odd-numbered year the commissioners shall meet at the office of the commission and elect a chairman, who shall serve for two years and until his successor is elected. A majority of said commissioners shall constitute a quorum to transact business, and any vacancy |