THE PUBLIC SERVICE COMMISSIONS ACT

months without the consent of the Commis sion. An exception is made, however, to the power of the Commission by the provi sion that the Commission shall have no power to authorize the capitalization of any franchise to be a corporation or of any franchise or the right to own or operate or enjoy any franchise whatsoever in excess of the amount, exclusive of any tax or annual charge actually paid to the state or a political sub-division thereof as the con sideration for the grant of such franchise or right. Considerable objection was raised to this because the state recognizes the value of such franchises by taxing them. Nor shall the capital stock of the corpora tion formed by the merger or consolidaton of two or more other corporations exceed the sum of the capital stock of the corpora tion so consolidated, at the par value there of, or such sum or additional sum actually paid in cash; nor shall any contract for con solidation or lease be capitalized; nor shall any corporation issue any. bonds against or as a lien upon any contract for consolida tion or merger. Each commission is given power to inves tigate freight rates on interstate traffic on railroads within the state, and when such are in its opinion excessive and discriminatory or in violation of the Interstate Commerce Law or of its orders or regulations, the Commission may apply to the Interstate Commerce Commission for relief or present to that Commission all the facts gathered by it. Each commission is directed to investi gate the cause of all accidents on railroads or street railroads within its district which result in loss of life or injury to persons or property, and which, in its judgment, shall require investigation, and every common carrier, railroad, and street railroad is re quired to give immediate notice of every accident to the Commission in such manner as it may direct. It is provided, however, that such notice shall not be admitted as evidence or used for any purpose against

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such corporation in any suit or action for damages growing out of any matter men tioned in the notice. Duties of Common Carriers. The duties imposed upon those engaged in the transportation of passengers, freight, or property from one point to another within New York State are : 1. That the service and facilities shall be safe and adequate and in all respects just and reasonable. 2. That all charges for such service shall be just and reasonable and not more than allowed by law or by order of the Commis sion, and every unjust and unreasonable charge made and demanded or in excess of that allowed by law or order is prohibited. 3. That no common carrier shall directly or indirectly, by any special rate, rebate, or other device or method, obtain a greater or less compensation from any person or cor-, poration for any service than it charges or receives from any other person or corpora tion for doing a like and contemporaneous service of a like kind of traffic under the same or substantially similar circumstances and conditions. 4. That no undue or unreasonable pref erence or advantage shall be given to any person or corporation or to any locality orto any particular description of traffic in any respect whatsoever or subject any par ticular person or corporation or locality or any particular description of traffic to any prejudice or disdavantage in any respect whatsoever. 5. (a) That upon application of any shipper tendering traffic for transportation, a railroad corporation shall construct, main tain and operate upon reasonable terms switch connection with a lateral line of rail road or private sidetrack. (6) That upon application of any shipper a railroad corporation shall provide upon its own property a side track and switch connection with its line of railroad, when ever such is reasonably practicable, can be