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1. To exercise through the Public Utilities Commission created by this Act all the rights powers and duties vested by law in the State Public Utilities Commission, its officers and employees.

$ 57. The Public Utilities Commission created by this Act shall exercise and discharge the rights, powers and duties vested by law in the State Public Utilities Commission under an Act entitled, "An Act to provide for the regulation of public utilities," approved June 30, 1913, in force January 1, 1914, or any future amendments thereto or modifications thereof.

Said Act and all amendments thereto and modifications thereof, if any, shall be administered by the Public Utilities Commission created by this Act, and in its name, without any direction, supervision or control by the Director of Trade and Commerce.

§ 32. Whenever rights, powers and duties, which have heretofore been vested in or exercised by any officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof, are, by this Act, transferred, either in whole or in part, to or vested in a department created by this Act, such rights, powers and duties shall be vested in, and shall be exercised by, the department to which the same are hereby transferred, and not otherwise, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof. Every person and corporation shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the officer, board, commission, department or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this Act. Every person and corporation shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of such right, power or duty by the officer, board, commission, or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this Act. Every officer and employee shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer or employee whose powers or duties devolved upon him under this Act. All books, records, papers, documents, property, real and personal, unexpended appropriations, and pending business in any way pertaining to the rights, powers and duties so transferred to or vested in a department created by this Act, shall be delivered and transferred to the department succeeding to such rights, powers and duties.

§ 33. Wherever reports or notices are now required to be made or given, or papers or documents furnished or served by any person to or upon any officer, board, commission, or institution, or deputy, inspector or subordinate thereof, abolished by this Act, the same shall be made, given, furnished, or served in the same manner to or upon the department upon which are devolved by this Act the rights, powers and duties now exercised or discharged by such officer, board, commission, or institution, or deputy, inspector or subordinate thereof; and every penalty for failure so to do shall continue in effect.

§ 34. This Act shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause before this Act takes effect; but such actions or proceedings may be prosecuted and continued by the department having jurisdiction, under this Act of the subject matter to which such litigation or proceeding pertains.

The term of office and manner of appointment of commissioners was fixed in the Civil Administrative Code as follows:

§ 12. Each officer whose office is created by this Act shall be appointed by the Governor, by and with the advice and consent of the Senate. In

any case of vacancy in such offices during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the Senate, shall hold his office during the remainder of the term and until his successor shall be appointed and qualified. If the Senate is not in session at the time this Act takes effect, the Governor shall make a temporary appointment as in case of a vacancy.

§ 13. Each officer whose office is created by this Act, except as otherwise specially provided for in this Act, shall hold office for a term of four years from the second Monday in January next after the election of a Governor, and until his successor is appointed and qualified.

No provision is made in the Code for minority political representation on the Commission.

This Act in many of its features is similar to the United States Statute creating the Interstate Commerce Commission. Farmers' Elevator Co. f Yorkville v. Chicago R. I. & P. Ry. Co. 266 Ill. 567.

The Act not only confers on the State Public Utilities Commission all the powers and duties previously exercised by the Railroad and Warehouse Commission, but specifically names and includes every other kind of business of a public nature which is subject to regulation as a public utility. State Public Utilities Commission v. Monarch Refrig. Co., 267 Ill. 528.

2. Secretary and Counsel.

§ 2. The Commission shall have a secretary, to be appointed by the Commission, to hold office during its pleasure, who shall keep a record of all proceedings, transactions, communications and official acts of the Commission and perform such other duties as the Commission may prescribe.

The Commission shall appoint as counsel to the Commission an attorney-at-law of the State of Illinois, who shall hold office at the pleasure of the Commission. The counsel to the Commission shall have power subject to the approval of the Commission to appoint and at pleasure remove attorneys-at-law to assist him in the performance of his duties.

NOTE. The salary of the counsel of the Commission was increased to $8,000 by an amendment of June 25, 1915. The case of Fergus et al. v. Russel et al., 270 Ill. 304 decided by the Supreme Court November 6, 1915, however, held that the Attorney General is the chief law officer of the State, and the sole official advisor of the executive officers and all boards, commissions and departments of the State government, and that it is his duty to conduct the law business of the State, both in and out of court. The office of counsel for the Commission was thus wiped out.

The office of secretary of the Public Utilities Commission is created by section 5 of the Civil Administrative Code.

3. Additional Officers and Employees.

§ 3. The Commission shall have power upon consultation with and the approval of the Governor, to appoint or employ such additional officers and such accountants, engineers, experts, inspectors, clerks, and employees as it may deem to be necessary to carry out the provisions of this Act or to perform the duties and exercise the powers conferred by law upon the Commission. Such appointments, others than those of torneys, chief engineer, chief accountant, one private secretary or enographer to each commissioner, experts temporarily employed and cher positions which may be exempted by the Civil Service Commission, hall be included in the classifid civil service of the State, and shall be made subject to the provisions of an Act entitled, "An Act to

regulate the civil service of the State of Illinois," approved May 11, 1905, in force July 1, 1905, and Acts amendatory thereto.

NOTE. This section of the law is protected by the following provision in the Civil Administrative Code:

§ 24. Nothing in this Act shall be contrued to amend, modify, or repeal the State civil service law, or to extend the application thereof to any position created by this Act where the duties to be performed under such position do not now exist or are now performed by an officer or employee not in the classified civil service of the State. Every officer and employee in the classified civil service at the time this Act takes effect shall be assigned to a position in the proper department created by this Act, having, so far as possible, duties equivalent to his former office or employment, and such officers and employees shall be employees of the State in the classified civil service of the State, of the same standing, grade and privileges which they respectively had in the office, board, commission or institution from which they were transferred, subject however, to existing and future civil service laws. This section shall not be construed to require the retention of more employees than are necessary to the proper performance of the functions of the departments.

4. Oath of Office-Qualifications-Bond, Etc.

§ 4. Each commissioner and each person appointed to office by the Commission, shall before entering upon the duties of his office, take and subscribe the constitutional oath of office.

Each commissioner shall devote his entire time to the duties of his office, and shall hold no other office or position of profit, or engage in any other business, employment or vocation.

No person in the employ of or holding any official relation to any corporation or person subject in whole or in part to regulation by the Commission, and no person holding stocks or bonds in any such corporation, or who is in any other manner pecuniarily interested therein, directly or indirectly, shall be appointed to or hold the office of commissioner or be appointed or employed by the Commission; and if any such person shall voluntarily become so interested his office or employment shall ipso facto become vacant: Provided, that if any person become so interested otherwise than voluntarily he shall within a reasonable time divest himself of such interest, and if he fails to do so his office or employment shall become vacant.

No commissioner nor person appointed or employed by the Commission shall solicit or accept any gift, gratuity, emolument or employment from any person or corporation subject to the supervision of the Commission, or from any officer, agent, or employee thereof; nor solicit, request from or recommend, directly or indirectly, to any such person or corporation, or to any officer, agent or employee thereof the appointment of any person to any place or position. And every such corporation and person, and every officer, agent or employee thereof, is hereby forbidden to offer to any commissioner or to any person appointed or employed by the Commission any gift, gratuity, emolument or employment. If any commissioner or any person appointed or employed by the Commission shall violate any provision of this paragraph he shall be removed from the office or employment held by him. Every person violating the provisions of this paragraph shall be guilty of a misdemeanor.

Before entering upon the duties of his office each commissioner shall give bond, with security to be approved by the Governor, in the sum of $20,000, conditioned for the faithful performance of his duty as such commissioner. Every person appointed or employed by the Commission, may, in the discretion of the Commission, before entering upon the duties of his office, be required to give bond for the faithful discharge of his duties, in such sum as the Commission may designate, which bond shall be approved by the Commission.

NOTE. This provision is restated in section 7 of the Civil Administrative Code as follows:

No public utility commissioner or employee of the Public Utility Commission shall be in the employ of or hold any official relation to any corporation or person subject in whole or in part to regulation by the Commission nor shall he hold stocks or bonds in any such corporation or be in any other manner pecuniarily interested therein, directly or indirectly, and if any public utility commissioner or employee shall voluntarily become so interested, his office or employment shall ipso facto become vacant, and if any public utility commissioner or employee becomes so interested otherwise than voluntarily he shall, within a reasonable time, divest himself of such interest.

The provision as to oath of office and bond is restated in section 15 of the Code thus:

§ 14. Each officer whose office is created by this Act shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office, which shall be filed in the office of the Secretary of State.

§ 15. Each executive and administrative officer whose office is created by this Act, shall, before entering upon the discharge of the duties of his office, give bond, with security to be approved by the Governor, in such penal sum as shall be fixed by the Governor, not less in any case than ten thousand dollars, conditioned for the faithful performance of his duties, which bond shall be filed in the office of the Secretary of State.

The Civil Administrative Code further provides: § 11. Each executive and administrative officer, except the two food standard officers, the members of the mining board, and the members of the normal school board shall devote his entire time to the duties of his office and shall hold no other office or position of profit.

5. Salaries and Expenses.

§ 5. The annual salary of each commissioner shall be ten thousand dollars. The annual salary of the secretary to the Commission shall be five thousand dollars. The annual salary of the counsel to the Commission shall be six thousand dollars. All officers, accountants, engineers, cerks inspectors, experts and employees of the Commission. shall receive the compensation fixed by the Commission subject to the approval of the Governor.

The commissioners and their officers, accountants, engineers, clerks, inspectors, experts and other employees, shall have reimbursed to them all actual and necessary traveling and other expenses and disbursements necessarily incurred or made by them in the discharge of their official duties. The Commission may also incur necessary expenses for office furniture, stationery, printing and other incidental expenses. Said salaries and expenses shall be paid out of moneys appropriated for the Commission, only upon the order of the chairman of the Commission, approved by the Governor.

NOTE. The Civil Administrative Code provides:

§ 9.

The executive and administrative officers whose offices are created by this Act shall receive annual salaries, payable in equal monthly installments as follows: * * *

Each public utility commissioner shall receive seven thousand dollars; The Secretary of the Public Utilities Commission shall receive four thousand dollars.

Section 5 of the Act is not unconstitutional. State Public Utilities Commission ex rel. Mitchell et al v. Chicago & West Towns Ry. Co., 275 Ill. 555.

6. Office of the Commission-Meetings-Seal, Etc.

§ 6. The office of the Commission shall be in the State Capitol. Such office shall be open for business between the hours of eight in the morning and five in the evening throughout the year and one or more responsible persons to be designated by the Commission or by the secretary under the direction of the Commission shall be on duty at all times in immediate charge thereof.

The Commission shall hold stated meetings at least once a month at its office and may hold such special meetings as it may deem necessary at any place within the State.

The Commission may, for the authentication of its records, process and proceedings, adopt, keep and use a common seal, of which seal judicial notice shall be taken in all courts of this State; and any process, writ, notice or other paper which the said Commission may be authorized by law to issue shall be deemed sufficient if signed by the secretary of said Commission and authenticated by such seal; and all Acts, orders, proceedings, rules entries, minutes, schedules and records of said Commission, and all reports and documents filed with said Commission, may be proved in any court of this State by a copy thereof, certified to by the secretary of said Commission, with the seal of said Commission attached.

NOTE. The provisions of the Civil Administrative Code affecting this section are as follows: § 16. The director of each department is empowered to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its employees and clerks, the distribution and performance of its business and the custody, use and preservation of the records, papers, books, documents and property pertaining thereto.

§ 17. Each department shall maintain a central office in the capitol building at Springfield, in rooms provided by the Secretary of State. The director of each department may, in his discretion and with the approval of the Governor, establish and maintain, at places other than the seat of government, branch offices for the conduct of any one or more functions of his department.

§ 18. Each department shall be open for the transaction of public business at least from eight-thirty o'clock in the morning until five o'clock in the evening of each day except Sundays and days declared by the negotiable instrument Act to be holidays.

§ 19. Each department shall adopt and keep an official seal. $ 20. Each department is empowered to employ, subject to civil service laws in force at the time the employment is made, necessary employees, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation.

§ 21. All employees in the several departments shall render not less than seven and one-half hours of labor each day, Saturday afternoons, Sundays and days declared by the negotiable instrument Act to be holidays

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