ALABAMA

ADDENDA

A substantial compliance by the railroad commission with the requirements of this chapter shall be suf4515 ficient to give effect to all rules, orders, acts, and regulations of the commission. And they shall not be declared inoperative, illegal, or void for any omission of a technical nature, in respect thereto. Code 1907, sec. 5718.

CALIFORNIA

There is hereby created a railroad commission which shall consist of five members and which shall be known as the railroad commission of the state of California. The commission shall be appointed by the governor from the state at large; provided, that the legislature, in its discretion, may divide the state into districts for the purpose of such appointments, said districts to be as nearly equal in population as practicable; and provided further that the three commissioners in office at the time this section takes effect shall serve out the term for which they were elected, and that two additional commissioners shall be appointed by the governor immediately after the adoption of this section, to hold office during the same term. Upon the expiration of said term, the term of office of each commissioner thereafter shall be six years, except the commissioners first appointed hereunder after such expiration, one of whom shall be appointed to hold office until January 1, 1917, two until January 1, 1919, and two until January 1, 1921. Whenever a vacancy in the office of commissioner shall occur, the governor shall forthwith appoint a qualified person to fill the same for the unexpired term. Commissioners appointed for regular terms shall, at the beginning of the term for which they are appointed, and those appointed to fill vacancies shall, immediately upon their appointment, enter upon their 4516 duties of their offices. The legislature shall fix the salaries of the commissioners, but pending such action the salaries of the commissioners, their officers, and employes shall remain as now fixed by law. The legislature shall have the power, by a twothirds vote of all members elected to each house, to remove any one or more of said commissioners from office for dereliction of duty or corruption or incompetency. All of said commissioners shall be qualified electors of this state, and no person in the employ of or holding any official relation to any person,

firm or corporation, which said person, firm or corporation is subject to regulation by said railroad commission, and no person owning stock or bonds of any such corporation or who is in any manner pecuniarily interested therein, shall be appointed to or hold the office of railroad commissioner. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. The act of a majority of the commissioners when in session as a board shall be deemed to be the act of the commission; but any investigation, inquiry or hearing which the commission has power to undertake or to hold may be undertaken or held by or before any commissioner designated for the purpose by the commission, and every order made by a commissioner so designated, pursuant to such inquiry, investigation or hearing, when approved or confirmed by the commission and ordered filed in its office, shall be deemed to be the order of the commission. Const., art. xii,

Sec. 22.

Said commission shall have the power to establish rates of charges for the transportation of passengers and freight by railroads and other transportation companies, and no railroad or other transportation company shall charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or freight, or for any service in connection therewith, between the points named in any tariff of rates established by said commission, than the rates, fares and charges which are specified in such tariff. The commission 4517 shall have the further power to examine books, records and papers of all railroad and other transportation companies; to hear and determine complaints against railroad and other transportation companies; to issue subpoenas and all necessary process and send for persons and papers; and the commission and each of the commissioners shall have the power to administer oaths, take testimony and punish for contempt in the same manner and to the same extent as courts of record; the commission may prescribe a uniform system of accounts to be kept by all railroad and other transportation companies. Same.

No provision of this constitution shall be construed as a limitation upon the authority of the legislature to confer upon the railroad commission additional powers of the same kind or 4518 different from those conferred herein which are not inconsistent

with the powers conferred upon the railroad commission in this constitution, and the authority of the legislature to confer such

additional powers is expressly declared to be plenary and unlimited by any provision of this constitution. Same.

The provisions of this section shall not be construed to repeal in whole or in part any existing law not inconsistent herewith, and the "Railroad Commission Act" of this state approved February 10, 1911, shall be construed with reference to this constitutional provision and any other constitutional pro4519 vision becoming operative concurrently herewith. And the said act shall have the same force and effect as if the same had been passed after the adoption of this provision of the constitution and of all other provision adopted concurrently herewith, except that the three commissioners referred to in said act shall be held and construed to be the five commissioners provided for herein. Same.

OREGON Commission shall provide for a comprehensive classification of service for each public utility, and such classification may take into account the quantity used, the time 4520 when used, the purpose for which used, and any other reasonable consideration. Each public utility is required to conform its schedules of rates, tolls, and charges to such classification. Gen. Laws 1911, ch. 279, sec. 33.

VIRGINIA

Upon the request of the parties interested, it shall be the duty of commission, as far as possible, to effect by 4521 mediation the adjustment of claims and the settlement of controversies between transportation or transmission companies and their patrons. Const., sec. 156(b).

The general assembly shall enact general laws regulating and controlling all issues of stock and bonds by corporations. Whenever stock or bonds are to be issued by a corporation, it shall, before issuing the same, file with commission a statement (verified by the oath of the president or secretary of the corporation, and in such form as may be prescribed or permitted by the commission) setting forth fully and accurately the basis, or financial plan, upon which such stock or bonds are to be issued; and where such basis or plan includes services or property (other than money), received or to be received by the company, such statement shall accurately specify and describe, in the 4522 manner prescribed, or permitted, by the commission, the services and property, together with the valuation at which the same are received or to be received; and such corporations shall comply with any other requirements or restrictions which may

be imposed by law. The general assembly shall provide adequate penalties for the violation of this section, or of any laws passed in pursuance thereof; and it shall be the duty of the commission to adjudge, and enforce (in the manner hereinbefore provided), against any corporation refusing or failing to comply with the provisions of this section, or of any laws passed in pursuance thereof, such fines and penalties as are authorized by this constitution, or may be prescribed by law. Const., sec. 167. WISCONSIN

No public service corporation shall declare 4523 any stock, bond, or scrip dividend, or divide the proceeds of the sale of any stock, bond, or scrip among its stockholders. Laws 1911, ch. 593, sec. 1753-14.