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See also, "EVIDENCE."

Of documents and orders filed with commission, when evidence,
§ 17, p. 91.

Fee for copies of papers, records, documents, orders, reports and
evidence and proceedings before commission, § 18, p. 92.

Of papers and records for public officers for which no fee charged
by commission, § 18, p. 92.

Of books, papers, etc., of carriers, commission or commissioner may
require sworn copies to be filed, § 45, subd. 3, pp. 450, 451.

CORPORATION COUNSEL.

Approval by, of contracts of commission of first district as to rapid
transit railroads necessary, n., p. 81.

CORPORATIONS.

66

See also," COMMON CARRIERS;" ""ELECTRICAL CORPORATIONS;" "FOR-
""RAILROAD CORPORA-
EIGN CORPORATIONS;" GAS CORPORATIONS;"
66 STREET RAILROAD CORPORATIONS;"
TIONS;"
." "WITNESSES."
Scope of term "corporation," § 2, subd. c, p. 32.

When included in term "street railroad corporation," § 2, subd. g,
p. 33.

When included in term "railroad corporation," § 2, subd. h, p. 33.
When included in term "gas corporation," § 2, subd. j, p. 33.
When included in term "electrical corporation," § 2, subd. k, p. 33.
Included in term "persons," n. [11], p. 40.

Charters of, as inviolable contracts, n. [7], p. 9.

Franchises as property, n. [7], p. 9.

Regulation of franchises may be by enlarging powers, n. [6], p. 9.
Reservation by state of power to amend charters of, n. [10]-[12],
pp. 10, 11.

Power of state to regulate, not dependent on reservation of right to
amend charters of, n. [13], pp. 11, 12.

Exemptions from public control, n. [16]-[21], pp. 13-18.
Grants to, to be construed favorably to public right, n. [30], pp.
23, 24.

Statutes regulating, not class legislation, n. [41], pp. 31, 32.
Power to authorize, to increase capital stock is a legislative power,
n. [18], p. 61.

Fee of commission for certified copy of report of, § 18, p. 92.
Production of books and papers by, n. [6], p. 96.

Immunity to witnesses in proceedings before commission or com-
missioner not extended to, § 20, pp. 100, 101.

Production of books and papers as tending to incriminate, n. [8],
pp. 108, 109.

CORPORATIONS- Continued.

Service of orders of commission upon, § 23, p. 115.

Acknowledgment of service of orders of commission by, § 23, p.

115.

Statutes attempting to prevent resort to federal courts invalid, n.
[21], p. 143.

Status of foreign corporations doing business within state, n. [21],
p. 172.

Shall be no discrimination against, by carrier, § 31, pp. 250, 251.
Shall receive no undue preference from carrier, § 32, p. 310.
Holding of stock of carriers by, § 54, pp. 576, 577.
What constitutes "control" of, n. [1], p. 578.

Distinction between consolidation and merger, n. [2], p. 578.
Legislative control over consolidations, n. [3], p. 578.

Power of directors and stockholders to make lease, n. [7], pp. 583,
584.

What included in lease, n. [9], p. 584.

Interests of stockholders, n. [10], p. 584.

Actions to restrain or set aside unauthorized agreements, n. [11],
p. 585.

Common directorate, n. [12], p. 586.

Acts of officers or directors voidable, n. [13], p. 586.

Distinction between franchise to be a corporation and franchise to
operate, n. [2], pp. 590, 591.

Forfeitures for violation of Act or orders of commission by cor-
porations other than carriers, § 58, subd. 1, p. 611.

Violation of Act or order of commission by agent or officer of cor-
poration other than carrier, § 58, subd. 2, pp. 611, 612.

Acquiring and holding of stock of gas or electric corporations by,
§ 70, p. 639.

OORRECTION.

Of annual reports of carriers, § 46, pp. 454, 455.

Of annual reports by gas and electrical corporations and munici-
palities furnishing gas or electricity, § 66, subd. 6, pp. 618, 619.

COST.

Of transportation as justifying violations of long and short haul
rule, n. [26], p. 387.

Of construction, consideration of, in determining as to reasonable-
ness of rates, n. [47], pp. 519, 520.

Of service rendered, consideration of, in determining as to rea-
sonableness of rates, n. [54], pp. 524, 525.

Cost of article transported, consideration of, in determining as to
reasonableness of rates, n. [56], pp. 526, 527.

COSTS.

Taxation of, in action for injury resulting from violation of law or order of commission, § 40, pp. 443, 444.

Attorneys' fees as part of, § 40, pp. 443, 444.

Validity of provision allowing attorneys' fees as part of, n. [3], pp. 446, 447.

In actions for penalties or forfeitures, disposition of, § 59, p. 613; $ 73, pp. 655, 656.

COUNSEL.

For carriers, see "ATTORNEYS-AT-LAW."

Right of commissioner to, on hearing of charges before removal, § 4, p. 46.

Right of witness to be attended by, on investigation, n., p. 453. Right of railroad commission to appear by on court review of decision as to certificate of necessity, n. [6], p. 563.

COUNSEL FEE.

When part of costs of action, § 40, pp. 443, 444.

COUNSEL TO COMMISSION.

Shall be appointed by commission, § 6, pp. 74, 75.

Term of office, § 6, pp. 74, 75.

Power of, to appoint and remove assistant counsel, stenographers and process-servers, § 6, pp. 74, 75.

Person holding official relation to, or owning stock or bonds of, public service corporation ineligible to appointment as, § 9, p. 77.

Duties, 12, p. 80.

Salary $10,000 per annum, § 13, p. 81.

Reimbursement of expenses, § 13, p. 81.

Audit and payment of salary of, § 14, pp. 82, 83.

Deemed public officer, § 15, p. 87.

Acts justifying removal, § 15, p. 87.

Right of commission to appear by, on review of decision, n., p. 81. Conduct of summary proceedings by, in Supreme Court to stop or prevent violation of Act or order of commission by carriers, § 57. p. 598.

Shall prosecute actions to recover forfeitures or penalties, § 59, p. 613.

To prosecute actions against gas or electrical corporations or officers to recover penalties, § 73, pp. 655, 656.

Conduct by, of summary proceedings against gas or electrical corporations or municipalities furnishing gas or electricity, § 74. pp. 656, 657.

COUNTIES.

Included in public service districts, § 3, p. 44.

COURTS.

See also, "ACTIONS;" "APPELLATE DIVISION;" "FEDERAL COURTS;" "SUPREME COURT;" ""UNITED STATES SUPREME COURT."

Will presume validity of statutes, n. [23], pp. 19–21.
Burden of proving invalidity of statutes, n. [24], p. 21.

When, will pass on question of constitutionality of statutes, n.
[26], p. 21.

May not consider wisdom or expediency of enactment, n. [27], pp. 21, 22.

Interpretation of statutes by, to be governed by legislative intent, n. [28], pp. 22, 23.

Will give weight to legislature's interpretation of its own powers, n. [29], p. 23.

Purpose of acts regulating railroads, n. [32], pp. 24, 25.

Construction of state statutes by state courts binding upon federal, n. [33], pp. 25, 26.

Review by, of acts of executive in removing officers, n. [12], p. 51. Railroad commissions are not, n. [15], pp. 55, 56.

Attitude of, toward "home rule" doctrine, n. [6], pp. 71, 72. Application to, to determine appropriation for expenses of commission, § 14, subd. 1, pp. 82, 83.

Application to, for punishment of witness for contempt, § 19, subd. 2, p. 93.

Due process required in punishing for contempt, n. [10], p. 100. Review of contempt orders, n. [11], p. 100.

Preferences, § 21, pp. 110, 111.

Discretion in preferring cases, n., p. 111.

Judicial review of orders of commission, in general, n. [5], pp. 123, 124.

Review of acts of administrative tribunals, n. [6], pp. 124, 125. Consideration of constitutional questions, n. [7], pp. 125–128. Review of acts done pursuant to police power, n. [8], pp. 128, 129. Review of orders of commission as to rates and service, n. [9], pp. 129-132.

Will not prescribe course of business for carrier, n. [9], p. 130. Judicial restraint of orders of commission:

In general, n. [10], pp. 132, 133.

Grounds for restraint, n. [11], pp. 133-135.

When temporary restraining order will be granted, n. [12], pp. 135, 136.

When temporary restraining order will be denied, n. [13], pp.
136, 137.

Premature application for injunction, n. [14], pp. 137, 138.
Where petitioner is unlawful monopoly, n. [15], p. 138.
Parties and procedure, n. [16], pp. 138, 139.

Rule where reasonable doubt exists, n. [17], pp. 139, 140.
Form and scope of injunction orders, n. [18], pp. 140, 141.

COURTS—Continued.

Will relieve injustice resulting from changed conditions, n. [19],
p. 141.

What actions are suits against a state, n. [22], pp. 143-145.

Interference by federal courts with proceedings in state courts, n.
[23], p. 145.

Restraining unlawful charges, n. [48], pp. 204, 205.

Review of decision of commission refusing relief from long and
short haul rule, n. [18], p. 383.

In which action may be brought against carrier to recover for loss
caused by violation of law or order of commission, § 40, pp. 443,
444.

Taxation of costs in action for injury caused by violation of law or
an order of commission by carrier, § 40, pp. 443, 444.

Discretion in taxing attorney's fee as part of costs, § 40, pp. 443,
444.

Review of determination of commission as to certificate of public
convenience and necessity, n. [6], pp. 563, 564.

Judicial enforcement of orders of commission, n. [1]-[12], pp.
599-608.

Power to modify or revise orders of commission on proceedings to
enforce same, n. [9], pp. 604, 605.

Action to recover forfeitures or penalties, § 59, p. 613.
Authority from, for employee of commission to divulge information
obtained on examination of accounts of carriers, § 52, p. 556.
Summary proceedings in supreme court to stop or prevent violation
of Act or order of commission by carriers, § 57, p. 598.
Direction of, authorizing divulgence of information obtained on
examination of gas plants, § 66, subd. 3, pp. 617, 618.

Supervision of, over charges for gas and electricity, n. [3], pp. 645,
646.

Determination as to reasonableness of rates for gas, n. [14], p. 652.
Conduct of summary proceedings against gas or electrical corpora-
tions or municipalities furnishing gas or electricity, § 74, pp.
656, 657.

CREATION.

Of public service districts, § 3, p. 44.

CRIMINAL ACTIONS AND PROCEEDINGS.

See, "ACTIONS;" "CRIMINAL LIABILITY;" "PROCEEDINGS."

CRIMINAL LIABILITY.

See also, "PENALTIES AND FORFEITURES."

Acts rendering witness guilty of misdemeanor, § 19, subd. 2, p. 93.

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