DRAFT OF A PROPOSED ACT RELATIVE TO THE REGULATIONS OF GRADE CROSSINGS OF HIGHWAYS RAILROADS AND STREET RAILWAYS. AN ACT. To amend a part of Section 14 of an act approved May 31st, 1907, entitled "An act to provide for the appointment of a Railroad Commission, etc.," so as to give said Commission the power to recommend what safety appliances and regulations should be adopted at grade crossings of public roads and streets, except in cities of the first and second classes, by railroads, street railways, electric railways or other common carriers where such grade crossings already exist or may hereafter be constructed without the recommendation of said Commission, or without any order of Court, prescribing what safety appliances and regulations should be maintained. Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the part of section 14 of the act approved May 31st, 1907, entitled "An act to provide for the appointment of a Railroad Commission, etc.," which reads as follows: "The Commission shall have power to recommend the manner, under existing laws, in which one railroad, street railway, electric railway, or other common carrier may cross another railroad, street railway, or electric railway at grade, or above or below grade, and what safety appliances and regulations should be adopted at such crossings, or at existing grade crossings of railroads, street railways, electric railways, or other common carriers, with other railrods, street railways, and electric railways, for the protection of the public and the prevention of accidents," be and the same is hereby amended to read as follows: The Commission shall have power to recommend the manner, under existing laws, in which one railroad, street railway, electric railway, or other common carrier, may cross another railroad, street railway or electric railway at grade, or above or below grade, and what safety appliances and regulations should be adopted for the protection of the public and the prevention of accidents at such crossings, or at grade crossings now existing, or that may hereafter be constructed without the recommendation of the Commission, or the order of a Court prescribing such appliances and regulations, of railroads, street railways, electric railways, or other common carriers, with other railroads, street railways and electric railways, and with public roads and streets, except in cities of the first and second classes. ACT OF MAY 31, 1907, CREATING THE PENNSYLVANIA STATE RAILROAD COMMISSION. AN ACT. To provide for the appointment of a Railroad Commission; prescribing the membership of said Commission, the manner and term of the appointment of its members; defining their powers and duties with reference to common carriers, and in relation to making recommendations to the Attorney General and Secretary of Internal Affairs concerning the regulation, control, and management of common carriers within the Commonwealth; defining what the term "common carrier" shall include; providing for the appointment of subordinate officers and the employment of expert and clerical employes by said Commission; fixing the salaries of the members of said Commission and its subordinate officers; providing for the compensation of its employes; limiting the annual expense of said Commission; and making an appropriation for the payment thereof. Section 1. Be it enacted, &c., That a Commission is hereby created, to be known as the Pennsylvania State Railroad Commission, which shall be composed of three competent persons, appointed by the Governor, by and with the advice and consent of the Senate, at least one of whom shall be learned in the law. The Commissioners first appointed under this act shall continue in office for the term of three, four, and five years, respectively, as designated by the Governor in making said appointemnts, from the first Monday of January, Anno Domini one thousand nine hundred and eight, and until their respective successors shall have been appointed and shall have qualified; but their successors shall be appointed for the term of five years; and when a vacancy shall occur in the office of any Commissioner, a Commissioner shall, in like manner, be appointed for the residue of the term. If the Senate shall not be in session when this act is approved or a vacancy occurs, the Governor shall appoint the original Commission, or, in case of a vacancy appoint a commissioner to fill such vacancy subject to the approval of the Senate when convened. No vacancy in the Commission shall impair the right of the remaining Commissioners to exercise all the rights of the Commission. The Governor shall designate one of the members of said Commission as chairman thereof, who, when present, shall preside at all meetings, and in his absence the member whose term will first expire shall preside. Section 2. The Commission shall have a secretary, an attorney, and a marshal, who shall be appointed by it, subject to the approval of the Governor, and serve during its pleasure. The secretary shall keep a full and faithful record of the proceedings of the Commission, and be the custodian of its records, and file and preserve at its general office all books, maps, documents, and papers entrusted to its care, and be responsible to the Commission for the same. Under the direction of the Commission, he shall be its chief executive officer; shall have general charge of its general office, superintend its clerical business, conduct its correspondence, be the medium of its decisions, recommendations, and requests, prepare for service such papers and notices as may be required of him by the Commission, and perform such other duties as the Commission may prescribe; and he shall have power to administer oaths in all cases pertaining to the duties of his office. He shall have the power to designate, from time to time, one of the clerks appointed by the Commission, to act as assistant secretary during his absence from the county of Dauphin, and the clerk so appointed, for the time designated, shall, within the county of Dauphin only, possess the powers conferred by this section upon the secretary of the Commission. The attorney shall attend the hearings of the Commission, conduct the examination of witnesses when requested to do so by the Commission, assist the Attorney General in all actions brought by him incidental to the recommendations and rulings of the Commission, and perform such other duties as may be required of him by the Commission. The marshal shall attend the hearings of the Commission, serve such papers as the Commission may direct, and perform such other duties as may be required by the Commission. Section 3. The Commission may also, as occasion may require, appoint, to serve during its pleasure, the following officers, or any of them: An accountant, who shall be thoroughly skilled in railroad accounting, and who shall, under the direction of the Commission, make examinations of the books and accounts of common carriers, supervise the quarterly and annual reports made by them to the Commission and perform such other duties as the Commission may prescribe; an inspector, who shall be a civil engineer, skilled in railroad affairs; also an inspector, who shall be an expert in electrical affairs; each of whom shall make such inspection of railroads and other matters relating thereto as directed by the Commission, and report to it. The Commission may also employ such additional clerical force as may be necessary for the transaction of its business, and such engineers, accountants, and other experts, whose services they may deem to be of temporary importance in conducting an invesigation authorized by law, as said Commission may deem neccesasry. Section 4. Each Commissioner and every person appointed to office by the Commission shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office. No person shall be appointed a member of the Commission, or hold any office, place or position under it, who occupies any official relation to any common carrier, doing business in the State of Pennsylvania or elsewhere, or owns stocks or bonds therein, or who is in any manner pecuniarily interested therein, directly or indirectly; nor shall any member officer, or employe of the Commission, either personally or through a partner or agent, render any professional services for or against any common carrier subject to the provisions of this act, except as herein provided. Section 5. The principal office of the Commission shall be in the city of Harrisburg, in rooms designated by the Board of Public Grounds and Buildings; and the Commission, or a quorum thereof, shall meet in Harrisburg as often as shall be requisite for the performance of its duties. The Commission shall have an official seal, to be prepared by the Secretary of the Commonwealth; and its offices, upon the requisition of the secretary of the said Commission, shall be supplied with the necessary stationery, office-furniture, and supplies by the Board of Public Grounds and Buildings; and provision for the necessary funds for the same shall be made as an item in the Board of Public Grounds and Buildings fund in the general appropriation bill; and said Commission shall have prepared for it, by the Superintendent of Public Printing and Binding, the necessary books, maps, printing, and stationery for the discharge of its duties, which shall be furnished upon the requisition of its secretary. The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the Commission shall constitute a quorum for the transaction of business; but no Commissioner shall participate in any hearing or proceedings in which he has any pecuniary interest. Said Commission may, from time to time, make or amend such general rules or orders as it may determine for the orderly regulation of proceedings before it, including forms of notices and the service thereof. Any party may appear before said Commission, and be heard in person or by attorney. Every vote and official act of the Commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. All examinations or investigations made by the Commission may be held and taken by and before any of the Commissioners, by order of the Commission, and the proceedings, recmmendations, and decisions of such single Commissioner shall be deemed to be the proceedings, recommendations, and decisions of the Commission when approved and confirmed by it. Section 6. The term "common carrier," as used in this act, shall apply to all corporations, or any person or persons, within the State, engaged in the transportation of freight or passengers by means of railroads or by water, or partly by railorad and partly by water, including electric railway companies, street railway companies, elevated railway companies, underground, elevated, or subway passenger railway companies, bridges and ferries, when used in connection with the transportation of freight or passengers upon any such railroad or railway; pipe-line companies engaged in the transportation of oil, either by means of pipelines, or by water, or partly by means of pipe-lines and partly by means of railroads or railways, or partly by means of pipe-lines and partly by means of water; sleeping and drawing-room car companies engaged in transporting passengers upon any such railroad; express companies engaged in transporting property upon any such railroad, electric railway, street railway, or by water; and telegraph or telephone companies. Section 7. The Commission shall have power to administer oaths in all matters in relation to its duties, so far as necessary to enable it to discharge such duties. It shall have full power and authority to inquire into the management of the business of all common carriers, including freight and passenger rates and tariffs, the equitable distribution of cars, the granting of sidings and regulation of crossings, the location of freight and passenger stations, the adequacy of facilities for the carriage and transportation of freight and passengers, the use and compensation for cars owned or controlled by persons other than the carrier, and, generally, all matters incident to the performance of their public duties, and their compliance with the provisions of their charters and the laws of the land. Section 8. Any person, firm, corporation, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization, complaining of any thing done or omitted to be done by any common carrier subject to the provisions of this act, in violation of law or of any decision, regulation or recommendation of the Commission, may apply to the Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same, in reasonable time, to be specified by the Commission. If such common carrier, within the time specified, shall make reparation for the injury alleged to have been done, said carrier shall be relieved of liability to the complainant, only for the specific violation of law complained of. If such common carrier shall not satisfy the complaint, within the time specified, and there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of, in such manner and by such means as it shall deem proper. Said Commission may institute any inquiry of its own motion, in the same manner and to the same effect as though complaint had been made. No complaint shall, at any time, be dismissed because of the absence of direct damage to the complainant. The Commission is authorized and empowered, and it shall be its duty, whenever, after full hearing upon a complaint as aforesaid, it shall be of the opinion that any of the rates or charges whatsoever, demanded, charged or collected by any common carrier or carriers subject to the provisions of this act are unjust or unreasonable, or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any provision of law, or that any regu |