Section 52 provides that,

"The commission shall at all times have access to all accounts, records and memoranda kept by railroad and street railroad corporations and

may designate any of its officers or employees who shall thereupon have authority under the order of the commission to inspect and examine any and all accounts, records and memoranda kept by such corporations."

Section 48, subdivision 1 directs that

"Each commission may, of its own motion, investigate or make inquiry, in a manner to be determined by it, as to any act or thing done or omitted to be done by any common carrier, railroad corporation or street railroad corporation, subject to its supervision, and the commission must make such inquiry in regard to any act or thing done or omitted to be done by any such common carrier, railroad corporation or street railroad corporation in violation of any provision of law or in violation of any order of the commission.”

The Commission is thus given express power to enter the offices of street railroad companies for the purpose of inspecting its records, and to delegate that power to its officers or employees.

It is also given the express power to investigate the motive power of street railroad corporations and to make orders in regard thereto (§§ 50 and 51). Such investigations would necessarily involve inspection of the power plants of street railroad corporations.

Moreover, the act directs that the Commission "must" make inquiry in regard to any act or thing done in violation of any order of the Commission. To ascertain whether the orders in question directing the receivers of the New York City Railway Company to repair its cars within the time and in the manner directed, are being obeyed, it is necessary to inspect the car barns of the company so as to be advised of the progress of the work and such inspection can be made only by an expert. In no other way can the Commission comply with this mandatory provision of the act.

Section 4 of the act provides as follows:

"Each commission shall possess the powers and duties hereinafter specified and also all powers necessary or proper to enable it to carry out the purposes of this act."

The evident purpose of this provision was to give the Commission general powers to carry out the purposes of the act in all cases which could hardly have been enumerated by the Legislature. Under this section, I think, the Commission has ample power to require the New York City Railway Company, or its receivers, to give the Electrical Engineer access at all proper times to the car barns, in order to ascertain whether the terms of the orders made by the Commission requiring repairs are being complied with.

I suggest that the Commission serve upon the receivers of the New York City Railway Company an order for hearing with respect to any violations of the orders of the Commission respecting the overhauling of cars in denying to the Commission's engineers access to car barns or workshops of the receivers, and inspection by them of overhauling work done or being done under said orders, and as to whether the Commission should make its order addressed to the receivers and all officers and employees of the receivers, requiring them and each of them at all times to allow to the Commission and the engineers of the Commission admission to the car barns and workshops of the receivers for inspection of any and all work completed or directed to be done, or then or there being done under the said orders of the Commission. If the receivers of the New York City Railway Company, or any of their officers or employees should disobey the order made after such hearing, the order may be enforced as provided in sections 56 and 57, Public Service Commissions Law. Respectfully yours,

(Signed)

GEO. S. COLEMAN, Counsel to the Commission,

INVESTIGATION INTO THE GENERAL CONDITION OF RAILROADS, STREET RAILROADS AND COMMON CARRIERS.

Investigation of the General Condition of Railroad and Street Railroad Corporations and Common Carriers.

OPINION OF COUNSEL.

Opinion of Counsel.
Order No. 615.

Public Service Commission for the First District:

May 7, 1908.

SIRS I am in receipt of your Secretary's letter, bearing date May 4th, inquiring as to the best method of securing documents which companies have so far failed to file, and desiring my opinion as to the advisability of a general proceeding under which any specific subject may be taken up.

Power to require copies of papers and documents to be filed and information to be given by corporations subject to the jurisdiction of the Commission is very much broader under the sections having to do with railroads and common carriers than it is under the sections having to do with electrical corporations and gas corporations. In case of failure, however, by either railroad or gas and electrical corporations to comply with the requisition of the Commission for filing copies of documents, the convenient remedy is to institute an investigation, as authorized by the Public Service Commissions Law. Such an investigation may be instituted as to any particular corporation or as to any group of corporations and I have no doubt that a sweeping resolution instituting an investigation or inquiry as to all railroads, or all gas corporations and electrical corporations, is within the powers of the Commission.

I have accordingly drafted and I herewith transmit to you two proposed resolutions, one drawn under the railroad sections of the law and the other drawn under the gas and electricity sections of the law, in which you will observe that a certam portion is bracketed. so that if you prefer, that portion may be left blank, in case the resolutions are printed, and the name of any particular corporation or person which it is desired to investigate may later be inserted. or if it is desired to institute general investigations, the words can be retained as in these drafts.

The recitals which add somewhat to the length of the resolutions are inserted, as in other cases, for use in the event of an application to the Court to commit a witness for refusal to obey, as showing that the proceeding is based upon a resolution which follows the exact wording of the law, and is prima facie in execution of the powers of the Commission.

My suggestion is that if this general investigation be instituted the proceeding should be kept alive by proper adjournments from time to time by such Commissioners as may be presiding at the time of any session thereunder. Respectfully yours,

(Signed)

GEO. S. COLEMAN, Counsel to the Commission.

In the Matter
of the

Investigation, under sections 45 and 48 of the Public Service Commissions Law, into the general condition of each and every common carrier, railroad, street railroad, railroad corporation, street railroad corporation, and corporation controlling or operating any common carrier, railroad or street railroad within the First District.

-ORDER No. 615.

June 16, 1908.

Whereas, This Commission is vested by law with the general supervision of all common carriers, railroads, street railroads, railroad corporations and street railroad corporations, and all corporations or persons controlling or operating any railroad or street railroad within its jurisdiction, and not only has the power but is charged with the duty to keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines, owned, leased, controlled or operated, are managed, conducted and operated, not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with all provisions of law and their charter requirements,

Now, therefore, be it

Resolved, That this Commission shall forthwith, as required by sections 45 and 48 of the Public Service Commissions Law, investigate and examine the general condition of each and every common carrier, railroad, street railroad, railroad corporation, street railroad corporation and corporation controlling or operating any common carrier, railroad or street railroad within its jurisdiction, its capitalIzation, its franchises and the manner in which its lines, owned, leased, controlled

or operated, are conducted and operated, including the adequacy, security and accommodation afforded by its service and with respect to its compliance with all provisions of law and its charter requirements.

Further resolved, That the Chairman may designate from time to time a Commissioner to preside, with power to call and to adjourn hearings hereunder.

APPRAISAL OF PROPERTY OF STREET RAILROAD CORPORATIONS IN THE BOROUGHS OF MANHATTAN AND THE BRONX.

New York City Railway Company.- Appraisal of property of street railroad companies in the Boroughs of Manhattan and the Bronx.

In the Matter
of

Inability on the part of the NEW YORK CITY RAILWAY COMPANY to furnish adequate service upon the street car lines and stil! maintain sufficient funds to pay the rentals of many leased

lines.

ORDER No. 575.

June 12, 1908.

Whereas, the receivers of the New York City Railway Company have stated to the Commission that it is impossible for them to provide adequate service upon the street car lines in Manhattan because there would not be sufficient funds to pay the rentals of many leased lines if the service were made adequate; and

Whereas, the investigations made into the books of this company and its subsidiary companies last fall indicated in certain instances that the companies were greatly over-capitalized and that the rentals being paid were out of proportion to the value of the lines; and

Whereas, thousands of citizens of New York will be seriously inconvenienced by the abolition of transfers by the receivers; and

Whereas, it has been asserted that if a fair rental were paid to the subsidiary companies based upon a fair value of their property the company could give adequate service and retain a satisfactory system of transfers; and

Whereas, these questions raised by the action of the receivers cannot be definitely answered without a knowledge of the value of the property of each line as one factor; therefore be it

Resolved, That the Commission proceed to inventory and appraise the property, tangible and intangible, of the street railway companies in the boroughs of Manhattan and The Bronx, and that the Chairman have general direction of the work.

MATTERS RELATING TO GAS AND ELECTRIC COMPANIES OTHER THAN RATES.

Gas Meter Tests.- Rules and regulations regarding testing of gas meters.

Commissioner Maltbie presented the following report, which was approved regarding the testing of gas meters.

REPORT OF COMMISSIONER MALTBIE.

NEW YORK, September 20, 1907.

To the Public Service Commission for the First District: SIRS Your committee to whom was referred the question of the testing of gas meters begs to submit the following report:

The Public Service Commissions Law of 1907 transferred the powers and duties

of the State Inspector of Gas Meters within the area of Greater New York to this Commission. It became incumbent upon the Commission, therefore, to provide a system for the inspection, testing and sealing of gas meters, and a committee was accordingly appointed.

Your committee first ascertained the methods which had been used by the State Inspector, hoping to be able to recommend their continuance, so that the work might proceed without any interruption or delay. It was found, however, that meters had been stamped by the State Inspector that had not been tested, i. e., that a few sample meters were selected from a large number of new meters and the entire consignment approved upon the basis of a test of a few meters. It was also found that the brass tag affixed to the meters by the State Inspector was so attached that a meter might be changed, repaired or completely overhauled without destroying or affecting the tag in any way. The system of computing the percentage of inaccuracy was also found to be wrong.

These facts made it quite apparent to your committee that, in order to comply with the purpose and letter of the statute, which required that every meter be inspected, approved and sealed," an entirely new system should be devised which would provide for thorough and accurate inspection, impartial testing and a method of sealing which would not permit the meter to be opened without breaking the seal.

Your committee recommend that Mr. A. E. Forstall, a consulting gas engineer, be employed by the Commission to prepare and submit such a scheme, and this recommendation was adopted by you. Mr. Forstall's report, with the exception of certain blank forms and instructions to testers, is submitted herewith. The instructions and forms are on file in the office or this Commission.

With Mr. Forstall's report as a basis, a method of proving and sealing meters was formulated, a staff of meter testers organized and actual work begun, with the approval of the Commission, This system has now been in operation over two months and has proved to be satisfactory except in a few minor details, which will need to be altered when sufficient experience has been had to demonstrate the precise way in which improvements may be made. The essential features of the scheme are as follows:

1. That every meter shall be inspected, approved and sealed before being put into use.

2. That the "sealing" shall be of such a nature that the meter cannot be opened, altered or changed in any way without the breaking of this seal, thereby making it necessary to reinspect, reapprove and reseal before the meter may again be put into use.

3. That at present the testing of meters be limited to the accuracy of registration, ordinarily called the "check " test. This seems to be the best practice and is generally adopted, with a few exceptions. This matter is discussed in Mr. Forstall's report.

4. That any meter regarding which complaint shall be made shall be tested by an employee of the Commission.

5. That the fee to be paid by the applicant if the meter is slow or correct within the limits allowed by the law, or by the company if the meter is fast beyond the percentage fixed in the statutes, shall be as small as may be reasonable. 6. That a notice be sent to the complainant and to the company of the results. of such inspection.

7. That an adequate number of meter testers be employed, so that there will be no delay, either to the consumer or to the company, in the testing of meters.

In pursuance of this plan eleven testing stations have been established already; two are at the factories of two meter companies, and nine at the shops of seven gas companies. At the present moment, sixteen testers are at work, and the number will be increased as rapidly as competent men can be secured. The civil service list was exhausted some time ago and difficulty has been encountered in securing a sufficient number of men to proceed with the work as rapidly as desired, but a new list has just been submitted. The number of testing stations will be increased as soon as the companies equip them and the apparatus approved by the inspector of the Commission.

The wages paid meter testers have been fixed by the Commission temporarily at $3 per day for eight hours work.

The staff of the Commission will probably include one chief inspector, one complaint inspector, and from fifteen to twenty testers at work in the testing stations. Already marked improvement in the work of the testers has been manifest, and the number of meters tested per day per employee is about double the number tested under the State Inspector prior to July 1, 1907.

So far as the work of the Commission is concerned, there are four classes of meters:

1. New meters; those not having been used previously.

2. Repaired meters; those having been used, removed from the consumers' premises, but not on complaint, and repaired by the companies.

3. Complaint meters; those whose accuracy has been questioned in a complaint to the Commission.

4. Removed meters; those that have been in use, removed from the consumers' premises, but not on complaint, and not repaired.

The testing of these meters is now being performed under the following instruc tions:

WORK OF RECORD CLERK.

(A) Complaint Meters.

(1) When the application is made in person, the clerk may fill out application blank, form G1 or G2, and have it signed, one blank being used for each meter. If the fee is paid, a receipt (form G3) shall be given, the stub being detached and retained until the complaint is settled. The companies are to be billed monthly for the amounts due. When the application is made by letter, form G1 or G2 shall be filled out by the clerk so far as possible from the data given in the letter. When the application is made by a company, the clerk shall fill out and send to the company form G17.

(2) The clerk shall then take two cards (form G4), one white and one yellow, which cards shall be exact duplicates, numbered serially with the application number and used in order of these numbers, and enter upon them the date, the name and full address of the person making the application, the name of the gas company supplying the premises, the amount of the fee, and if the size of the meter is known, and if the fee is paid indicate it by entering the date in the proper space. If not all of the data called for on forms G1 or G2 are given, the clerk shall send the forms G1 or G2 to the complaint inspector, to be filled out and returned. When form G1 or G2 has been returned by the inspector, the missing data shall be inserted on form G4, and the application shall be placed on file in alphabetical order according to the name of the applicant. When the white sheet of form G5 has been returned, the clerk shall send this white sheet to the proper gas company to constitute the removal order for the meter, shall enter upon form G4 the date upon which this order has been sent, and shall then send the yellow card of form G4 to the proper tester at the testing station as a notification that the meter described on the card is to be received and tested.

(3) When the card has been returned from the testing station after the test has been recorded, the record clerk shall send notice of the result of the test to the gas company, using for this purpose form G7, and shall also send notice of the result of the test to the consumer, using form G8, except when the application for the test was made by the gas company; then he shall use form G18. After filling out these notices, he shall enter upon form G4 (white and yellow) the dates on which they were sent. If the meter is fast beyond the limits allowed by law, the fee deposited for the test shall be returned to the consumer, as provided in forms G8 and G9, and the record clerk shall enter upon form G4 (white and yellow) and the stub of G3 the date upon which this fee was returned. He shall also enter upon form G4 the date upon which the fee for a fast meter is paid by the gas company. In the case of a meter which is correct or slow, the last two entries are not to be made.

(4) When forms G4 (white and yellow) have been entirely filled out, the white card shall be filed in the proper place alphabetically by the name of the consumer, and the duplicate (yellow) shall be filed in the numerical order of the application. (5) The record clerk shall keep all fees until the test has been made and the record completed. He shall then deposit them monthly with the city treasurer, and take a receipt therefor, to be deposited with the Secretary of the Commission.