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•,*•?\ -•••^i-V 8 : '0T prescribed by rales of 1 the commission may bo used In waters not Inhabited by trout or lake trout. Every person main- taining an eel weir or eel pot in any of the waters of this state shall first obtain front the forest, fish and gamo commis- sion a license to maintain the Same, to be approved by the commission, condi- tioned for the payment to the. people of the state of fifty dollars If the holder thereof violates any of the provisions of this section or any of the regulations con- tained in the' license white such license is in force. The use of eel weirs and eel pots except as expressly permitted by law Is prohibited. 5 126. Frostflsh and whlteflsh taken with nets. Frostflsh, wntteftah, catfl«h-, suriBsh,, pumpkin seeds, bullheads, perch, suokers and sturgeon may be taken with nets from Inland lakes not \Inhabited by trout pursuant to rules prescribed by the. com- mission. The commission may make rules under wlilch by paying a license sturgeon may be taken by setllnes and trap lines. Such rules shall be subject to amendment or abrogation at any time and may be either general or special, and published as the commission directs. 5 185. Explosives prohibited. Pish shall not be taken by means of explosives. Ex- cept for mining or mechanical purposes, dynamite or other explosive shall not be t.sed In any of the waters of this state, or possessed upon the shores or Islands of the waters thereof. Possession thereof by any person on the shores or Islands of the waters of this state shall be presump- tive evidence that the same Is possessed for use in violation of the provisions of this section. § H3. Penalties. A person who violates any of the provisions of this article is guilty of a misdemeanor and in addition thereto is liable as follows: Por each vio- lation of section one hundred and eight in relation to waters inhabited by trout, of section one hundred and nine in relation to the taking.and possession of lake trout, section one hundred and twenty-five re- l-uintr to the taking of fish by any device other than angling, a penalty of sixty dol- lars and an additional penalty of ten dol- lars for each fish taken or possessed in violation thereof; of sections one hundred nnd thirty-one and one hundred and thir- t\-two in relation to polluting streams, portion one hundred and thirty-three re- U tin,? to drawing of water, section one hundred and thirty-five in relation to ex- iioMves, he shall be liable to impriaon- r ecrt for not exceeding one year and In addition thereto, is liable to a penalty of i \e hundred dollars and an additional penalty of ten dollars for each fish taken or possessed, bought or sold in violation t '-.ereof: section one hundred and ten in relation to transportation of fish, section one hundred and twenty-eight in relation to thumping, and section one hundred and twenty-nine relative to carp in Cone- su*s and Hemlock lakes in the county of I.Kingston, a penalty of sixty dollars: for a:I other violations of said article, a pen- ally of twenty-five dollars and an addi- t.onal penalty of ten dollars for each flsh taken or possessed in violation thereof. § 147. Nets in Hudson and Delaware i'vers and adjacent waters. Frgni March t fteenth to June fifteenth, both inclusive, shad and herring may be taken in the Delaware river and that part of the Hud- son river below the dam at Troy, with nets operated by hand only: and In Cats- Kitl creek below Cook's dam, so called, v. ilh scoop nets, dip nets and scap nets, to such net shall be set. placed or drawn or fish taken therefrom between sunset on Thursday and sunrise on Monday, un- !• saby reason of .Inclemency of the weath- er; it can not be drawn before sunset on Thursday when it may be drawn on Fri- day. From September first to May thir- tieth, both inclusive, fish except salmon. Mack bass, trout and pike-perch, and ex- cept also during March and April pickerel and pike may be taken with nets In the Hudson river below the dam at Troy, Wappinger's creek below the falls at Bi- bernia. Rondout creek below the dam at Kddyville, and with scap nets, scoop nets and dip nets In Catskill creek below <*ook's dam. so called, and In the Ten Mile river in the town of Dover. From June first to September first, both Inclu- sive, sturgeon may be taken In the Hud- ton river with sturgeon nets of not less dian eleven-Inch mesh. 5 151. Fishing in Otsego lake. Frostflsh, v. hitefish, Otsego bass and lake trout may be taken by angling, from January first to October thirty-first, both inclusive, fiom Qtsego lake. Otsego county. Nets and net fishing are prohibited at all times excepting the use of minnow nets as li- censed by the forest, fish and game com- mission, and also excepting; the use of gill n»-ts as hereinafter provided. Frostflsh, u-hitefish and Otsego bass may be taken in gill nets having meshes of not less than one and three-quarter Inch bar, and not exceeding sixty rods in length, from July first to August thirty-first, both In- clusive, providing a license shall have been granted therefor by the forest, Sah and game commission. Each, fisherman shall be limited to one net, and each net shall be buoyed and tagged with the name of the owner. No license shall be granted to any person tinder twenty-one years of aero. Possession of nets other than as provided for by this section, at any time bv any person within five hundred feet of the shores of Otsego lake, Otsego county. sb~)Il be presumptive evidence that the same were unlawfully used. Possession of frostflsh. whlteflsh, Otsego bass, lake ti-\it or trout, from the first-day -of No- vember to the thirty-first day of Decem- ber, both inclusive, by any person in Qt- ee-o county, shall be presumptive evl- d» nee that the same were unlawfully tak- en from the waters of said lake. Lake trout may be taken by angling from Jan- u» ry first to October thirty-first, both in- Hutfve. Set lines are prohibited at all tn.ies. Eel-pots of such form as may be prescribed by the forest, fish and game <•» amission may be used at any time. } 153. Spearing, hooking and set lines. Suckers, bullheads, eels and dogfish may be speared in the Delaware river In Sulli- van and Delaware counties, and In Sands- berg creek, town of Wawarsing, to Ulster county, from the Center street bridge In Kltenville to- Port HJxon dam on said stream, from April. first to September thirtieth, both inclusive; and Shadow creek and Hayden creek In the town of Springfield. Otsego county, from March first to May first inclusive; and in the iiyder creek. fiTCh- creek. Mink creek and l:erkimer creek in the towns of Richfield and Exeter, inclusive: provided that spear- in? shall not be allowed hereunder with- in twenty rods from the point where such creeks empty into Schuyler lake; and In the creeks In Orleans county excepting Sandy creek. Oak Orchard creek and Johnson's creek, .between the fifteenth day or March and the thirtieth day of April, inclusive: and In the tributaries of Lake Ontario from the mouth of the Niagara river to the boundary tine between Niag- ara and Orleans counties, suckers: bun? heads, eels, dogfish., and carp may be speared from March first to May fifteenth, both inclusive: and In the waters of Lake Ontario In the towns, of Elllsburg. Hen- derson, Hounsfield and Brownvllle In Jef- fenenn county, and, in the waters of the towns of Lexington and Pratt vale In Greens county, at any time. . Such fish r.-ay be taken from December first to May f fteenth. .both Inclusive, by hooking, in Oneida lake, Oneida river. Onondaga lake. f*i the Delaware .and Charlotte livers and their tributary streams In the counties of Pelaware and Sullivan, in the Schoharie river and Its tributary stream* In Scho- l-irte and Greene counties, and In.-the wa- ters of Cortland, Tioga. Broome, Chenan- pn and Otsego counties. Flsfc except lake trout, black-bass and* pike perch, may be taken through the ice with- a hook and tine in CanandlaguauMake, except during the months of March and April. . Any-flab, exempt lake-trout, black basis and pike rerrh. may be taken . in - aajd lake - by *oearlng except during .the months #f April. May and Jiohe.: And any flsn ex- cept black bass' and pike perch may. be i\ken in Seneca, lake by spearing \from April fifteenth to June fifteenth, both In- (lurire. Set lines not more than five hun- dred feet in length with one end .thereof .at/arhed to the .shore; may be used- to t-'ke fish, in Canandiagua lake and Lake Keuka. -'The bpbks.'not-to be-balled with minnows. -It shall tie -unlawful to use uoon a ilne'for. taking fish In the waters ot>i.aJce Kenka, more than-A4x books, or. env contrivance having - more- than, six -hook* or'mora* than two- burrs.-of three hooks attached thereto. The provisions of thin section shall not. apply to streams .Inhabited by trout, but nothln* In this '•rttrie shall,be .taken ait .prohibiting the. taking by hooking of sucker*, bullheads. eel*, dogfish and 'carp\from December first to May fifteenth. - both inclusive; In Delaware- and Sullivan' counties in 'Dela- ware river below'.BroO'kd»le t brldge.lri th*; town or*Roxburycn the east'branch and?- toiaw^tKe-inlet of-ftoblnson po«d;\ln the town of Bfamford on the west branch, or in Charlotte river below the bridge in the village of Davenport. 5 1B4. Warren, Essex,' Washington and Saratoga counties, certain waters. Pike, perch or groat northern pike may be tak- en from the waters of Lake George from June sixteenth to December thirty-first, both inclusive. Bullheads may be taken from Lake George from July first to De* cember- thirty-first, both inclusive. Blaote bass may bo taken in Lake George and Schroon lake from August first to De- cember fifteenth, both inclusive. Black bass may be taken in the town of Horlcon and in Trout lake in the town of Bolton from July eleventh to December thirty- first, both inclusive. Perch may be taken through the tee by angling In Lake George. In Glen lake and tributaries, pickerel, pike and perch may be taken from June sixteenth to October thirty- first, both Inclusive, and black bass and bullheads from August first to October thirty-first, both inclusive. Perch shall not be taken from the waters In Sara- toga county from February first to May first, both inclusive. None of the flsh named In this'section shall be taken at any other time than as above specified, nor shall they be taken by any other method than angling. , 5 168. Deer. There shall be no open sea- son for deer for the period of three years from the time that this section, as hereby' amended, takes effect. Deer or venison taken outside of the territory herein de- scribed may be possessed within-the four counties herein named at alt times when it is lawful under the general law to pos- sess the same. The burden of proof shall be on the possessor thereof to show that the same was lawfully killed within the state or was killed without the state. § 170. Wild fowl. The open season for ducks,* geese, brant and swan shall be from October first to January tenth, both inclusive, and may be possessed from Oc- tober first to January fifteenth, both in- clusive. They shall not be taken In the night between sunset and sunrise. They shall not be taken or possessed at any other time. § 5. Section one hundred and seventy-a of such chapter is hereby repealed. i 6. This act shall talte effect immedi- ately. State of New fork. Office of the Secretary of State, ss.: I have compared the preceding with the original law on file in this office, and do hereby certify that the same is a correct transcript therefrom and of the whole of said original law. SAMUEL S. KOBNIG. Secretary of State. LAWS OF NEW YORK—By Authority. CHAP. 670. AN ACT to amend the agricultural law, in relation to the appraisal of diseased animals. Became a law June 25, 1910, with the ap- proval of the Governor. Passed, three- fifths\ being present. The People of the State of New X\ork represented in Senate and Assembly, do enact as follows: Section 1. Section ninety-nine of chap- ter nine of the laws of nineteen hundred and nine, entitled \An aot in relation to agriculture, constituting chapter. one of the consolidated laws,\ as amended by chapter three hundred and fourteen of the laws of nineteen hundred and nine, is hereby amended to read as follows: ' § 99. Appraisal of diseased animals. An appraiser shall determine the. value of each animal directed to be slaughtered. Such value shall be the market value of such animal at the time of making the appraisement, but the appraisal value of each .bovine animal shall not exceed the sum of one hundred and twenty-five dol- lars, provided however that the appraised value shall not exceed the sume of sev- enty-five dollars, except for registered thoroughbred animals, and the appraisal of each equine animal shall not exceed the sum of one hundred and twenty dol- lars. If the value of the condemned anir mals determined by the appraiser is not satisfactory to the owner of such ani- mals, the value shall be determined by arbitrators, one to be appointed by the state appraiser and one by the owner of the animals, If such arbitrators are not able to agree as to the value of the ani- mals, a third arbitrator shall be appoint- ed by them. The value determined by such arbitrators shall not exceed the lim- its established by this article and, after approval by the commissioner of agricul- ture, shall be final. The arbitrators se- lected by the owner of the animal shall be paid by the said owner, the other arbitra- tor or arbitrators shall be paid by the state at a rata of .compensation not to ex- ceed five dollars per day and necessary ex- penses. . Such appraiser of condemned ani- mals and the arbitrators appointed under this section may administer oaths to and examine witnesses. '§,£ This act shall take effect immedi- ately. State of New York, Office of the Secretary of State, sa: I have compared the preceding with the original la*w on file tn this office, and do hereby certify that the same ts,a correct transcript therefrom and of the whole of said original law, SAMUEL S.-KOENIG, Secretary of State. SS agreements or condition* a»\»«i*y previous to the thlrty^flrsti'a»y-'o«>0pBOeinbetv»«lne- teen hundred \and -on*, 'be? lUe*-by -thtfiNew; TToflt board of fir* uflaerwrUer*,ln'>tha,'6t* •will,,*h\fii:M»i*en-ifar :t4ie,j#mmj«M, uwgW^WdiBfts'py.'WOlli M*'*- - >J-^Hn*'M<feiorlgtn^^ -i*J-9f «»Ste-solJeaM«s. JvEvery telegraph flee' of the' BUlwrlnte.naent\-of'.Insurance Ltransporttttlon-itlioreof. LAWS OF NEW YORK—By Authority. CHAP. 664. AN ACT to amend the forest, fish and game law. In relation to the taking of grouse and quail in Dutchess county. Became a law June 25. 1910, with the ap- proval of the Governor. Passed, three- fifths being present. The People of the State of New york. represented in Senate and Assembly, do enact as follows: Section L Section ninety-three of the forest, fish and same law Is hereby amend- ed to read as follows; t 93. Woodcock, grouse and quail not to be possessed. Woodcock, grouse and quail shall not be sold or possessed during the close season, except hi the month of De- cember and first two days of January, and possession or Sale thereof during De- cember and the first two days In January, shall be presumptive evidence that they were unlawfully taken by the possessor. There shall be no open season for grouse and quail In Dutchess county prior to Oc- tober first, nineteen hundred and thir- teen, but woodcock may be taken and possessed during- the open season as pro- vided by section ninety of the forest, fish and game law. 12 This act shall take effect Immedi- ately. State of New York, Office of the Secretary of State, ss.: I have compared the preceding with the original law on file hi this office, and do hereby certify that the same Is a correct transcript therefrom and of the whole of said original law. SAMUEL 8. KOENIG. • Secretary of State LAW8 OF .NEW YORK—By Authority. CHAP. IKS. AN ACT to amend the insurance law. in relation to fire insurance policies writ- ten by two'or more companies. Became a law June 25, 1910. with the ap- proval of the Governor. Passed, three- fifths being present. The People of the state of New York, represented In Senate and Assembly, do enact as follows: ,. Section L - Section one hundred - and twenty-one.of chapter thirty-three of the laws of nineteen hundred and nine, en- titled \An act in relation to Insurance corporations, constituting chapter twenty- eight of the consolidated laws.\ as amend- ed by chapter two hundred and forty of the laws Of nineteen hundred and nine, and as further amended by chapter one hundred, and sixty-eight of the laws of nineteen hundred and ten. .is hereby amended to read as follows: 1121. Standard fire Insurance policy to be prescribed and used. The printed blank form of a. contract or policy of -fire Insurance, with such. ; provisions,. agree- ments or conditions as may be Indorsed thereon, or added thereto-and form's part of such contract OT policy, heretofore filed In the office of the secretary of state by the superintendent of insurance or by the New Torit board of (Ire underwriters pur- suant to -the. provisions of chapter-four hundred: and eighty-eight of the laws of eighteen hundred and elghtr-six. shall be transferred by the secretary of state to the office of the superintendent of Insur- ance and,, together .with .such\ provisions,. and approved by him, •which provisions, agreements or condltlons-'Bhall be Void If they are Inconsistent with the standard- fire Insurance policy heretofore filed In the office of the secretary of state, shall be known and designated as the standard fire Insurance policy of the state of New York. No fire Insurance corporation, Its officers or agents, shall make, Issue, or deliver, for use, any are insurance policy or the renewal of any sueh polloy on property In this state, other than such as shall conform In all particulars as to blanks, sise of type, context, provisions, agree- ments and conditions with.such printed blank form of contract or policy; and no other or different provision,, agreement, condition or clause shall be' in any man- ner made a part of such contract or poll- - cy or Indorsed thereon or-dettvered there- with, except as follows, to wit: First The nsmo of the corporation,, its location and place of business, date of its. Incorporation or organization, whether.lt Is a stock or mutual -corporation, the names of its officers, the number and date of the policy, and if issued through a manageror-agent the words \This poli- cy shall not be valid until countersigned by the duly authorized manager or agent of the corporation at \ Second. Printed or written forms of de- scription and specification, or schedules of the property covered by any particular policy, and any other matter necessary tp' clearly express all the facts .and condi- tions of Insurance on any particular risk; not Inconsistent with or a waiver of any of the conditions or provisions of the standard policy herein provided for. Third. With the approval of the super-' intendent of insurance, if the same Is not already Included In such standard form,, any provision which any such corporation, is required by law to- Insert In its poli- cies, not in conflict with the provisions of such standard form. Such provisions shall be printed apart froth the other provi- sions, agreements or conditions of the pol- icy under a separate title as follows; \Provisions required by law to be stated in this policy.\ After the first day of January, nineteen hundred and eleven, such policy or contract may be printed, written or typewritten with any size of type or on any size or shape of paper which shall have the written approval of the superintendent of Insurance. The name, with the word \agent\ or \agents and place of business, of any Insurance agent or agents, either by ^writing, print- ing, stamping or otherwise, may be in- dorsed on the outside of such policies. Two or more Are insurance corporations, authorized to transact business -In this state, may Issue a combination standard form policy, using a distinctive title there- for, which title shall appear at the head of such policy followed by the titles of the several corporations obligated there- upon, and which policy shall be executed by the officers of each of such corpora- tions: provided, that before such corpora- tions shall Issue such combination policy, they shall have received the express per-, mission of the superintendent of insurance to issue the same, and the title of such proposed policy and the terms of the ad- ditional provisions thereof, hereby au- thorized, shall have been approved by him, which terms, in addition to the pro- visions of the standard policy and not in-* consistent therewith, shall provide sub- stantially under a separate title therein, to be known as \Provisions specially ap-i plicable to this combination policy,\ as follows: (a) That each corporation exe- cuting such policy shall be liable for the full amount of any loss or damage, ac- cording to the terms of the policy, or a specific percentage thereof; f» that serv- ice of process, or of any notices required by the said policy, upon any of the cor- porations executing the same shall he deemed to be service upon, all; and pro- vided, further, that the unearned pre- mium liability on eacb policy so issued shall be maintained by each of such cor- porations on the basis of the liability of each to the insured thereunder. f 2. This act shall take effect on the first day of July) nineteen hundred and ten. State of New York, Office of the Secretary ot State, sa: I have jiompared the preceding with the original law On file In this office, and do hereby certify that the same Is a correct transcript therefrom and of the whole of said-original law. SAMUEL S. KOENIG, Secretary of State, 3 2- This, act shall take-effect-Immedi- ately. >, - •— >-s.\ StateioMJew Stark, Ofitcwot the Secretary of State, ss;; 1 have compared the preceding with the original-low-on file In-this office,--and. do hereby certify that the same'Is. a-.correct transcript therefrom and of the. whole of sa-ict Qrlginariaw. . SAMUEL S. KOENIG, Secretary- of State. < LAWS Or* NEW YQRK-^-By Authority; CHAP. 673. AN ACT to amend the public service com- missions' law, in relation to telegraph and telephone lines *aiia companies. •Beoanie-a law June\25 with thaap- .proval-jof-the Governor. -\Passed llfths'being present.- > -Thb -Feople-of the State of• New Yogk, represented in Senate and Assembly, do enact as* follows: Seotlon . 1. Section two of the p'ubllo service commissions law Is hereby amend- ed by adding- thereto at the end thereof four new subdivisions, to ba'tarown as subdivisions seventeen, eighteen, nineteen and twenty, respectively; to read as fol- lows: '17;' The' term \telephone corporation,\ when used in this chapter, includes every corporatlon.—company, association, Joint- stock assoolatton, partnership and per- •BOIV, -their-nlesaees, 11 trustees- or receivers appointed'iby«tny court whatsoever, own-, ins. operating: or managing any telephone line or part of telephone line used in the conduct of the business of affording tele- phone communication for hire; excepting, however, any .corporation vtf^mtbfifBo- elation, Joint-stock assoolatldnPipartner- shlp or persont their lessees, trustees or receivers having property- actually used In the public service within the state of a value not exceeding ten thousand dollars, or» which-do-not operate, the business \of affording telephonic communication- for profit. -*. f 18, The term \telephone line,\ when used In this .chapter,, includes conduits, ducts^ poles,^wlres, cables* cross-arms, re- ceivers, transmitters, instruments, ma- chines, appliances and,all devices, real es- tate, easements, apparatus, property and routes used, operated or owneiby any telephone corporation to facilitate the bus- iness ofajtordihg telephonic communica- tion. » 19. The term \telegraph corporation,\ when used In this chapter, includes ev- ery corporation, company, association, joint-stock association, partnership and LAWS OF.NEW.YQBK'-By Authority. ._.CHAP. 6S9. AN ACT to amend the prison law. In re- lation .to. Indeterminate sentences. Became a law June 25,1910. with thc\tfp- proval of the Governor. Passed, three- fifths being present The. People ot the. State of New York,, represented .Jn Senate and Assembly, do enact as follows: Section \1> Chapter forty-seven of the laws of nineteen hundred and nine, en- titled \An act relatlngj to prisons, consti- tuting, chapter forty-three of the consoli- dated laws.\ hereby amended by Insert- ing therein a. new section, to be seotlon two hundred and eleven-a, and to read as follows: 5,211-a, parole of certain Indetermlnatea. Each person confined In a- state, prison who has never before been convicted oif a crime punishable by imprisonment In a' state prison, having an indeterminate sen- tence whose minimum, unless fixed by law. is more tjian.ene-half the maximum* penalty prescribed by law for<the> crime of which he was convicted, or.who may hereafter receive sucb sentence, shall, when he has served a. period of tlme-equal to one-half the maximum penalty pre- scribed by law for the-ucrlme of which be was convicted, be subject to the Jurisdic- tion of the board of • parole for state prisons and- said board shall have the same authority as to the parole and dls-> charge of. such prisoner that it would Save had If the. minimum sentence im- posed by the court.had been for a- period equal to one-half the maximum penalty prescribed by lair for the offense of-whieh he was convicted,- but no person shall be paroled who has -served .less than one -year. 12. This act shall take, effect Immedi- ately. • State of New York, .Office of th* Seoretary of State, ss.: , • I nave compared -the preceding with the original law. on-file,In this office, an*do hereby certify.that the same Is a correct- transcript therefrom aid of the whole of •said original law. SAMUEL S. KOENIG. 'Secretary of State. LAV/3 OF NEW YQRKV-By Authority. CEfAP. «63... AN .ACT to emend ,tbe» forest, fish and game law, Jo relation to the open .season for. lake trout in Owasco lake. Became a law June 25,;;(910, with the apf prova! of the .Governor. Passed, three- fifths} being present. The Eeoplo-.flf the State pf 'New York, represented, Jtv.Senato. and„Assemply, do enact as follows: ; . Section V Section oo« hundred end nine of the forest, flsh and; game Jaw Is hereby amended to read, as. follows\} .1109. ; Lake .trout and.,whlteflsh,,,open season. The .open season..for. Iaice.troqt Lakes Erie\ and OntarlOr Where .the stances, and conditions, •n open .season.for lake trout and,whlteflsh shall be from January- first ,to October tblrty-flrst, Jboth toefewlve; «n6V except Bi where the oj^n,.s^»»»n- t for.Jagl?: <risut the counties of Ulster. Sj»i(lyan,, Orange. Pock land. Westchwter., and .Kicbmfl'i'J, shall be from May. first ( to June.thlrtjsth. both inclusive, and except, |rt •Lake.Jteulta, where the open .season for Jske,,trout shall be from April-.-sixteenth;. Ml Augtltt thirtyifjrst. both inclusive, , Lake, .trout less than fifteen .inches! in, length.shall not be taken op. possessed^ WhMefleh tats then two pounds in the round,, shall .not be taken from any of the waters of; the state or possessed at any time; Lake' trout or whlteflsh shall hot be-taken or possessed at any other time., except in Owasco. Skaneateles and . K«nkV Jakes, when the opju-seanon fcr lake trout,#ha!l be .from April sixteenth fe October thlrty- flrnt, both inclusive, provided that dur- ing th* close season ,«y person: AM* buy. posies* or sell lake trout or- whlteflsh taken . without the state If such person will at all times permit:<Uw commission or •Ay-neraber of officer thereof a fu!Kex- amination of bis books.and papers relet- ini<to(itftS!!^»^itBs«(Si JSJW ni.^-Vn,W J ri?y.. W ir.i i»i»Mir,MiM^'iii»>iii!i>t;itii»iii,,>iiiii» i .S —i •: 'r.-v , . '-Jt'fc\--' r^sw^v. S ;!pei^ofti;Otfj-teWph6fie corporation •? a \ d ,iretehtupr.&eXpl!e8S -reWptKfUShdji^n; i%»* person, their lessees, trustees, pr^ ^QrpoKtion'iatvas«Ve«y telephone corpora- itlotr-BlFrili print *nd> file' with the cotnmiB- 'sion^hedttlesishowlng all rates, rentals ana»enaiges tot service of eaoh and every •kiria*by or- over its lines betwe>n points in thtt-state' ana between each point upon its line ana all 4 -points upon every line leased'-'br-operated- by It and between each •jfotnfc upon Its Una or upon any line leasea oroperatea by it ana all points upon the llno%f apjr othe\f\ telegraph or telephone corporation' whenever a through service or joint rate shall hove beep establish b.e- tweenany two points. If no Joint rate over a< through 'line has been established the several corporations In- suoh through line shall* file with ther-commisslon the sepa- -rately •established'*rates and' charges ap- •pllcable-where through; service Is afford- ed. Such schedule'Shall plainly stata the places-\between- which telephone or teie- -graph- service,—or both, will be rendered ana sha.il also state separately alt charges andalt privileges or facilities granted or allowed and any rules or regulations or forms-of contraot' which may in any Wise change, affect or-determine any or the ag- gregate of the tates,- rentals or charges for the service'rendered. Such schedule shall be plainly printed and kept open to public inspection. \ She commission shall have the-pewer to* prescribe the form of every-such schedule and may from time to time prescribe, \by order, changes in the form thereof. The commission shall also have power to establish rules and regula- tions for keeping subb. sohedules open to public inspection and may from time to time modify the same—Every telegraph •corporation and- telephone corporation shall file with the commission as and when required by it a copy of any con- tract, agreement or arrangement In writ- ing with any other telegraph corporation or telephone corporation or with any other corporation, association or person relating In any way to the construction, mainte- nance or use of a telegraph line or tele- phone line or service by or rate3 and charges over'or upon any such tehSgraph line or telephone fine. 2. Unless the commission otherwise or- ders no change shall be made in any rate, charge or rental! or joint rate, charge or rental which shall have been filed by a telegraph corporation or'telephone corpo- ration in compliance -with the require- ments of this chapter, except after thirty days' notice to the commission, which no- tice shall plainly state the changes pro- posed to be made in the schedule then in force and the time when the changed rate, oharge or rental shall go into effect; and all proposed changes shall be^shown by filing new schedules or shall be plain ers, appointea\by afiy court, whatsoever, owning:, operating or managing any tele- graph line or part of telegraph* lino usea in the conduct of the business of affording for hire communication by telegraph. 20. The term \telegraph line,\ when used tn this chapter, includes conduits, ducts, poles, wires, cables, cross-arms, In- struments, machines, appliances and all devices, real estate, easements, apparatus, property, and routes used, 'operated or owned by any telegraph corporation to far cllitate the business of affording- com- munication by telegraph. } 2. Section five of such- chapter Is here- by amended by adding thereto, at the end thereof, three new subdivisions, to be known as subdivisions five, six and. seven, to read as follows: 6< The jurlsaiction, supervision, powers and duties of the public service commis- sion in the second district spnll extend, under this. chapter, to every, telephone line which lies wholly within the state of New York and that part within the state of New York of every telephone line which lies partly within and partly without the state of New York and to the persons or corporations owning,.leasing or operating any such telephone line. 6, The jurisdiction, supervision, powers and duties of -the publlo service commis- sion in the .second district shall extend, under this. chapter, to every telegraph Una which lies wholly, within the state of New York and that part within the state of New York of every telegraph line which lies partly within and partly without the state of New York and to the persons or corporations, owning, leasing or operating any such telegraph line. J- Corporations farmed to acqulro-prop- erty .pr.to transact business which would be subject to the,provIs;ons of this chap- ter, and .corporations possessing fran- chises\ for any of the purposes contem- plated by this chapter, shall be deemed to be stSbject to the provisions of this chap- ter although.no property may have been acquired, business. transacted or fran- chises- exercised. 9 3. Such chapter is • hereby further amended,by Inserting therein a new ar- ticle, to.be,Jmo*^,as,«rticle five thereofj tq read as follows: . ARTICLE. V. JProyj(s(oins Relating.to .Telegraph ana Tel- . ephone Lines, and\ to Telephone ana Tel- egraph Corporations, .. Section 90. .Application ot article ' \ 9L Adequate service; just and reason- able charges: unjust-discrimination; un- reasonable preference. 92. Rati.schedules. S3. Liability for'iosa or damage caused by violation of. this chapter. Si. General powers and duties of com- mission in respect Jto^telegrapb corpora- tionaand telephone corporations. 95. Reports of .itelegraph corporations and telephone corporations. 98. Investigations by commission. 97. Rates, rentals, and service. 98. Powers- of .cnhunlssibn- to order re- .palrs or changes. ,99. Franchises andV privileges. .100. Transfer and ownership of stock. . 101. Approval of issues, of stocks, bonds and other forms of» Indebtedness. 102. Forfeitures;-penalties. 103. Summary proceedings. i 90, Application, of • article. The provi- sions of. this article shall apply to com- munication, by, telegraph or telephone be- tween one point and-another within the state of. New York, and tQxev.ery telegraph corporation and telephone corporation, J 91. Adequate service; Just ana reason- able charges: unjust JlsprUntaation; un- reasonable preference, h. Every, telegraph corporation and, every, telephone corpora- ,tlnn shall, ,furnish H and-provide-- with re- spect to, UK business such, instrumentali- ties and, ,facllities,ta» iSball be.^adequate and In,-all..respects., just- and,reasonable. .All charges,madeqrf4!etna»idea.by any tel- egraph corporation-, on-telephone corpora- tion for any eervlcBjrepc(<b;e>i ; or to be ren- dered , in qojonfiatloii, Ujerewith^shaU be just and reasonable, and not more twin al- lowed by Jaw or,byj.order,of the commis- nion. Every unjust ortuip-eaeonablecharge made-.pr demanded for; any such-, service or in connection .therewith or. in, excess of i ,that allowed, by Mw'-or>.by.«rderi~of the ,^n9mlj«ao*J|Linoiftitea andjdeclared to -be unlawful. 21. No telegraph ojuToratlon or telephone corporation, shall directly,o« indirectly or by. any.( special ratej j»batev.dr*wback or other device or method, charge^demand, collect or .receive fronl.aoy person or cor- r-poratlen a: greater. or^l^Wnpompehsatlon for any service rendered or tq.be rendered with- respect to communication by tele- graph or telephone 6j$ in .connection there-, .with, except as^uftsorlsed hi this cbap- .ter,--than-it chareet,;demands, .collects, or *eo/|lyes; •from, any father; person or .cdrpo- . ratlbni.for,,doing'. a>Ufce,»uid .contempora- neouse service,, with.reipecty to oommunlca-e .Uott-byKtelegraph.pr^ttlepbone under the — -lyHndleatsa -upon the schedules filed aaa tion 's^defeoUvq•oiJ'.teiirpnebusv^higoOiB'ft'Mk^liSifi&^-KW'act nuui, -Mission--.shan.jnotify tjaeu^o^nowtttotttil;^r^^ea»onabi8-.Qr-in. vioi,m„ n •| n |t^^^ itothepr \\--.o ^Sit«5pS9.iidmni]Sfllon shall h;i and wbltefiih.shall be from-May,.first to .„. „_._,_.,„„._„ .... August •mirty-f^f;,'both ; Jidt4qslve,.ej(eept; ,,s»m or substantiall ,tbe-»am cireum 3... No telegraph corperation or telephone corporation shall-, make-or-give any undue <r,wrtasonable pr*/eMnee.or advantage to any person, corporation or locality, or subject any partlotllsr, personi eorpcra- ^ tlon.er locality* to any-undue or. unreasbn- j able, prejudice or. dMMVsnuge In any re- spect-whatsoever. . 4,. Nothing In this^ehapter shall.be con- strued-.to prevent- any-»tete<!rraph corpora- tlon.or telephone oorpor«t»n*rom contin- uing to furnish thsAC* of its lines, equip- ment or service, under L »mjr contract or con- tracts In force at IUM. date this article takes effect or upon tie taking, effect of any schedule or schedules of- rates' subse- quently filed, with, the, commission, .as .hereinafter provided, at the rate or rates : fixed In- such contract or contracts: pro- vfded,.however; that.when,any such con- tract or contracts are to become termln- «bl» by notice, the eotnroisslon. shall-Davis •Power, in Its discretion* tordirect by order itoat; such contract, or contracts shall, be terminated by the tejegrapk corporation or telephone .corporation- party thereto;: and thereupon such-contract or contracts shall be terminated tjjr such telegraph.cor- in force at the time and kept open to pub- llo Inspection. The commission,' for good cause shown, may allow changes in rates, charges or rentals without requiring the thirty days' notice; under such conditions . as it may prescribe; all such changes shall be Immediately indicated upon its schedules \by such, telegraph corporation or telephone corporation. No telegraph corporatiomor itelephone corporation shall charge, demand, collect or receive a dif- ferent compensation for any service ren- dered or to be rendered than the charge applicable to such service as specified in its schedule, on file and In effect at that time.* Nor shall any telegraph corpora- tion or telephone corporation refund or re- mit -directly or indirectly any portion of the rata or charge so specified, nor ex- tend to. any person or corporation any form-of. contract or agreement, or any rule or regulation, or any privilege or fa- cility, except such as are specified in Its schedule filed and in effect at the time and regularly and uniformly extended to ail persons and corporations under like circumstances for the like or substantially similar service. it. No., tolegrapn corporation or tele- phone corporation subject to the provi- sions of this chapter shall, directly or in- directly, give any free or reduced service, or any free pass or frank for the trans- mission, of messages by either telephone or telegraph, between points within this state, except to Its officers, employees, agents, pensioners, surgeons, .physicians, attorneys-at-Iaw and their famUjei; to persons or corporations exclusively en- gaged in charitable and eleemosynary WOrk and*, mkusters of religions; 'to offi- cars-and.empIoyees.of other telegraph cor- porations and telephone corporations, and street railroad corporations. But this sub- division shall not apply to state, munici- pal on federal contracts. . i 93. Liability for loss.or daniage.caused by violation of- this chapter. In case any telegraph corporation or telephone corpo- ration shall do or cause to be done or peri mit to be aone any act, matter- or thing prohibited; forbidden or declared- to be \unlawful or shall omit to,do any act, -matter or other thing required to be: done, .either by- law of- the>state of New \STbrk by thla,.chapter or by any other of; tha aonnnlsslon, such telegraph-corporation • or. telephone corporation shall be liable to the person-or corporation affected there- by for au>loss, damage -gp-injury caused thereby or resulting therefrom and in case of recovery If the court shall flfta that such act or omission was willful it may In its aiscretlon fix a reasonable counsel on attorney's fee, which fee shall be taxed, and collected as a partsof the costs in,the action. An action to recover for such loss, damage or injury may be brought In any court of competent Jurisdiction.by any sueh person or corporation, 5 9-1. General powers and duties of com- mission In respect to telegraph corpora- tions and telephone corporations; 1. The commission and each commissioner shall have power and authority to administer oaths in all parts of the state to wit- nesses summoned to testify in any in- quiry, investigation, hearing or proceed-- Ing and also to administer oaths tn all parts of the state whenever the exercise of sucb power. Is. Incidentally necessary or proper to enable the commission Or a com- missioner to perform a duty or to exer- cise a power. % The, commission shall have general supervision of all telegraph corporations, telephone corporations and telegraph lines ana telephone lines within-Its Jurisdiction as hereinbefore defined and .shall have power to ana shall examlhfi the same ana keep Informed as to their general, condi- tion, their eapitaUzatlon,. their .franchises and the manner in which their,lines arid property. are\;leased operated, or managed, epnducted -4nd operated MiitK. respect' to the. adequacy of and accommodation, af- forded by their service and aJio,,w(th m Meet to thftisafety.ajia security, tjt their lines and. p-sop.er.ty ,, and, with,.respect to their cpmpljance.*wjth & all •wesislons of law, orders, ot: the conmiisslon, franchises and cherter,~requIremonts, ..The,- copimis- ,slon shall ho,ve.power ; e!ther rthro.ugti .its members or •Inspeetx>r»os,ai»plp.yee»iduly authorized by it to^terVinj-oruUpon-and to Inspect .tho-prppertyi.eomipmentJ build- ings., plants,,-(aotories,. ! offl<;esi apparatus, machines,; devices, axd,,lines of jany»tele- graph corporation or telephone corpora- tion. .\• 3..,The .commission and. each coromis- jiioner, shall-have power,to.examine all books, con tracts,., records,-documents and papers * of 'any telegraph corporation . or telephone corporation and by subpoena duces,.tecum to compel the production thereof, or of duly verified copies of the* same or .of any of, them. > I 95. Reports of telegraph corporations and telephone corporations; L. Every tel- egraph corporation and every, telephone; corporation shall file with the commission an annual report at a time ana covering the yearly period fixed by the commission. Such .annual report shall be. verified by the oath of the president, treasurer, gen- eral manager, or receiver of any of such corporations, or by. ;th« person required to file the same. Verification shall be .made by the official.holding.olBea at the time of the filing of said .report, jand ff not made upon the knowjedgeof the per- son verifying .the. same shall SK forth In ..general terms tha.spurces otitis,:Informa- tion and the grounds for. his Aeyef as to any matter* not .stated, to be, verified on his knowltdge. The .commission shall pre- scribe the. form of Such reports and the character of, tha information to be cen- -t*lfl«d- tber«in,s»d .\puKf. *rptn .ttete to time make aucikebans-es and additions i n regard to toon, and cont«its,th««of •* it may. deem, proper, and shall furnish a blank, form for sucb annual, reports to- . every «el«gr«pb corporation , and every telephone corporation - censdted; to , wake the. same. When the report of any tele- graph, .corporation or telephone* corpora- y-K» amend the same within ift.tlme^Mei, ... by the commission.; O'he.satdi.repor.'a-.'-hai^. be preserved in tiie-oiflce of»tho aoSnaUj', slon. The oommiBsion^may rewire .ofo-any.; telegraph corporation or telephone -cprpp- ration speolrlc answers to* questions;.upon which the commission may desire -Infor- mation. If any telegraph corporation or telephone corporation shall fall to-make and (lie its annual report OB and when-re- quired or within such extended tin-,e- as the commission muy allow or shall fall to make specific answers to> any question- within the period specified by the-commis- sion for the maJ-Ing and fiHng of such'arir swers, such corporation shall\ forfeit to the state the sum of one hundred dollars for eaoh and every day it shall- continue to be in default with respect to such re- port or answer. Suoh forfeiture shall be recovered, tn. a n action brought by the commission in the name of the people of the- state ot New York. The amount re-, covered in any sueh action shall be paid into the state treasury and shall be cred- ited to the general fund. The commission may, when It deems it advisable, exempt any telegraph corporation or telephone corporation from the necessity ol flung annual reports until the further order of the commission. 2. The edifnmission may establish a sys-. tem of accounts to be used by telegraph corporations and telephone corporations,, which are subject to its Jurisdiction,; and are, required to make annual reports to.it or classify the said corporations, and pre- scribe a system of accounts for each-olass. and may presoribe the manner In which such accounts shall, be kept. It may also, in its discretion presoribe tha forms of records to be kept by such, corporation. .Notice ot alterations by the commission in the required method or form of keep- ing accounts shall be given to such corpo- rations by the commission at least six months before the same are to take effect. The commission..shall, at all times-have- access to all-accounts, records and memo- randa kept by telegraph corporations and telephone corporations, and may desig- nate any of Its officers or employees who shall thereupon be authorized under the order- of the commission to Inspect and examine tiny and all accounts, records and memoranda kept by any such corpor- ation' and the commission may, after hearing, prescribe by order, the accounts in which particular outlays and receipts shall be entered, charged or credited. Any employee or agent of the commission who divulges any fact or Information which may come to his knowledge during the course of any sueh inspection or examina- tion axceptjn so Jatas.he. may ha direct- ed by the -commission or by a court or Judge^tbereof, or authorized by law, shall be guilty of a misdemeanor. Any provi- sion of law prohibiting the disclosure of the contents of telegraph messages or the contents or substance oX telephone com- munications shall not be deemed to pro- hibit the disclosure of any matter in ac- cordance with the provisions of this chap- ter. 5 90. investigations by commission. L The commission may of Its own motion investigate or make inquiry In a .manner to be determined by It a s to any act done -Or omitted to be done by any telegraph corporation or. telephone corporation and the commission must make such inquiry In regard to any \act flono or omitted to- be done by any telegraph corporation or telephone corporation In violation of any proyjsioiis of-.,law os to violation of any order of the commission. i. Complaints may be made to the com- mission by any person.or coijporatton ag-. grieved; by .petition or complaint In writ- *ing, setting.forth eny act aone or omitted. to be-done by any telegraph -cornoratibn or telephone.corporation alleged to bo In. violation of the temu.or conditions of-its franchise or- charter, pis of.any order- pfjj the commission.. -£Ipbn>the presentation, of such a complaint, tho commission shall cause a copy, thereof to be .forwarded to the person or corporation complained of which may .be accompanied by an, order directed to such person or corBoration re-. -quiring that-the mat tor»,comp!titned of be, satisfied or (hat-the charges-be answered in writing within a~f(me fi> Be-jSpedfled by the commission. - If the person 'or corpo- ration-complained \of shall make roparas tion for any Injury alleged and shall cease to commit or permit the violation of law, franchise, charter or order chaise9 to the- complaint, if any there, be,, apd'aljaltnptl- fy the commission of that fact before the ^time allowed for ansjv^r.r.ifie .cotnmjssion need take. rto. further\. ac0bn'''upoo the charges. If, hswevSr, the charges con- tained in such petition be not thus satis- fled and it. shall appear to.,the commis- sion that there are reasonable! grounds- therefor. It shall tatestlgrate aupb, .cjiarges in such manner and by such.means, as,it shall, deem. proper and I -take,s.uch,action wlt.hin,Its.'pp\eer%.as the .facts In. ita3wiiB-<. imen^justfy. . . ;•• . 3. Wher.over..tha .commission -shall .in- vestigate-, any. -matter v ,wmpiai|-$d. of by any nerapn_pr e j»r»tott''-^sgrgTfeye*cT By any. act or omlssientof aatelegraph corpo- ration or telephone- corporation, under this section, ; it shall bet.ib) duty witnlrit sixty days, after final submission,- to make, and ifile. an order-ielther ajsmissIheT tttK^pStl- Spn or iQomnIainti V or direotuig tnei^ele- graph corporation or telephone .corpora- tion complained oft to satisfy tbe/«au»« of. complaint In whole or.to the «xtent ewhlch the cbhnrilssTon max specify and.<re- qulre. * -\.- T- i 97. ..Rates, -,rentals and service*? f. Whenever the commission. shaJJ,, be -of ^opinion, after a hearing\ Thad upon Its. own motion or upon a cornplauit that the- rates, charges,.tolls on rentals demanded,' .exacted, charged.or collected by-any-tele- graph. corporation or telephone- corpora-' tion subjeot to; Its Jurisdiction for the transmission of messages-or communica- tions by telegraph or .'telephone or for the rental or use of- any telegraph line.--tele- phone line- or- any- telegraph instrument. Wire, '\appliances apparatus ori device or any \telelfliOB.e receiver,- transmitter, ju>v strumeni,- wire, cable, appsuratiis, conduit, oraer«itot»<reauire any two or m *% '-'grapW''.ooiw>ra,tlbns whose n,„!° ? « continuous-\line of «»„„, J°m cduia*be\rmule--tO'ao so by ui„ .\••f tloh'-andt'-ntttetenance of sultan,!??\ - tlons o^tjwrieier of message , V* pwntt.rbetweew different lomin,, -«, a-re-pptrjegohsd' by -the line of «ihL*H t parny aloiioT'to -establish thr uu I ?\ ^jtritn -rtfie* state' between t«u 1 suoh-localltles and joint rates or m, for:servlcs. by or over said n nM 7 commtosto'ttayby its order nr,. 5 „,J in qasa--saoh'tnrQUBh lines ami „,,„,, be* not-sestabllshea by the cu ri 2b hafned-toajiysnch orrier with, \• therein spebifflea,\the commi. have'POWer-tjy order to estabihia same.and 'to fix the Just and rraaiJI rates and charges to Be charge tm'' through- servloB and to declaim t b,' ! tion'thereof to which each nf n, 0 !J rations- affected thereby shall ij e ,28 and the -Planner in which the sam»« -be senurBa. aria paid. a - S-flg. ; Poweis of commission tr, mj „^ pairs bR-obaniSes.-.Whenever the «Z -BlounsBalM-bxa-opinion, aft Pr , had/.unoh;its.own motion, or up 0 n a 2_ jilamt,-fthat--cepalrs or tmpi uv era »n3| cut- chahses-rlns^ny telegraph n ne .7J telephone Uirie aught reasonably h 'J| made, on'ah-at'.&ny.aaditlona shomi „# onably- be- made thereto, in order ti mote .the-convenience of the piibl^»«„,u ployees, -or,in -order to se,,,r a sjS servlce-or-faclllties for tele C iaphic3 'OPlionlo communleutlons, th.. conuas shall make «nd Berve on order dlreTfi that such-repairs; Improv em. 1, or additions be-made within „ time\ and--in a-manner t,, i, therein and-^very telecrnph .n rmra a •and---!sIe'pbpne\cofpOrjatIon 1H herekyM quired and-dlreoted to m.il., ,.u te «i imprbvemenfs*.- changes and ,i,i,iitio M -a quired of-it by any order of Hie com slon served/upon it, S 99. Franchises and priviimej 1. v telegraph corporation or trli-i.h.meaiS ration-hereafter. formed shmi L-gioj struction of its telegraph lln.- ,,r teieHS line ^Ithoutfirst having obtain-.i theS mission and -approval of the . ..mmla and Its certiilcate of public , unvenltij ana nec.esslty, after a heaiinu had B such notice as the commlsskm ma? tii scribe. Before any such c.-nnnate sl»* be issued- there must be filed in tlieoa of the cqnnnjssion by the m.j nt Ua for a verjnea statement ftho»iug that {i required consent of the pio|..r munltiJ authorities has been obtuim-d 2. No franchise or any nciit 10 ort der any franchise to own ur n;,. rate aid egraph line or telephone MM- ~i,.iii besi signedr transferred or ien»..i, nor ili any contract or agreement li,-r. ifierma^ with..reference to or affectinK franoHlse on right be valid or .f .inyfori or effect,-whatever unless the .t-signmea transfer, lease, contract or ,,in-eemal shall havebeen. approved by tie- com slon. No franchise or right 1,, nr unlg any franchise to own or op.r.te a te£ graph line or telephone line <i. ,n 1 signed, tfansferre^ or leased t,, or owi or operated\ by any foreign ... p..ration;' 1 8; Tha.approval\ of the commHiitml .the exercise' of a franchise or M tin a slgntneht, transfer or lease ot , franco shall nd.,be^cbristrued to re.u, or vafi date, ahyjapsed'or invalid frm, i.uo or| enlarge or^add to the power-. m,i prl^ leges,contlBji).e4. ln.the grant ,f . chlse or, to waive .any forfeit^ 5-100. Transfer, and owo^lhil, of am Save where stocfc^baiH^De tron?femil'j „held,for-Uie, purppsO-Sf collateral seciirlra ,*noitock,cprpbfatlon, .domestic or forel^ .^theV than a telegraph corp..rationi telephone, corporation, shall, u.ti.out 1J consent of- the loomniission, p- abquire^ take:, or} hold more th.m ten.p' centum of the total capital si.,, li by sji^tetegrapli'Corporation or nde. .corporatjorje organized. or existing ur.isj or by virtue.jof the..laws of this mate,^ cept that aiicOfpocaUon now lawfully US Ingi-aSmaJoritjKof .ih.e.capltai stm-k 0(0 i^legraph^cxjrp^ratlon or telepn.-i.e corjj rratlon may,\ without the consent oil commission, acquire ana hold 11- der of tho-capital-stock of surh leiegi c.6rporati6n?-^or > --telephone corporatloa.-^ anX'B!^toa,*!ner;sc)t • Nothing iierein « talned, shall be construed to prevent ti holding o,f'\Sttfetc-heretofore lawfully* quired^ or to prevent, upon the surrenJi or exchange.-of-said stock pursuant lo,i| reorgaTilzatioh.pIan, the purchase aooj' Bltlon,,-taR!osfdr'^pMlng of a proportion amount of stock of any new i..rpora(H organteed. to.„taTce. over, at fore.-iosurei pthef gale the property of any corpora* whose, stotttfLfltur been thus s.irrendai or .exch<jn T eEeds^* v » e ry contra, t. meitiC^.ils'fer' br\2greement for trans ofoAy,$tock by-or.through an > t« cpjSio&an^t$„§Xfy corporation in vioS! tion of any provision of this < ii.n.tersHi be voia ana \(j'f no effect, and not transfer or-' assignment shad Upon, (tie t boolts,-of ,any such leieet corpdm*tidn^ .-or t-te.lephbne corporation, «a Bhall,be. rebognlzeol as effective for 1\\ purpose. .,*-.!, ' JIOL -ATiprovar^of'Issues of \ and other;.forms^of lndebte.ii • tolcgripH £rj -telephone Corp. .1 whisniauthbrized'oy order of u •s'tqn and \npfcspiorwise issue ^t. notes .,o»C olne'f/eV.idence of nei. i.tedotj paaaBle\ at ,jj>erlbd» of, more u. .n t« mprjths after tha date thereof u i.»n neo .'sary fbr.theracqulsitioa of prorrty. I construcjiorfiietSmptetlon. ext>n«i..n orB proveman^OX^tsJtacllitles or th- impron; ment.OF maintenance oif its w-r • ™ ti|S the Sfatet ofc^or the discharrje or lairiM refu.ndjprb&ts,obflgatlons, nr r. .mbiini ment.^.i*»oa^yjlr ao t uall y \P\'\ 1 ' theVtec^'ej-^mVaxiy source »\i years'nextvPrior to the filing of u» •^WiBetefoW.O'*' for any \f - \-» I pp$es;^pvidejjL&Jwever. thai , shall; bBV-sWnfcKl aUthorizlne » machine, appliance or device of-any tele- .for.' T*im]bw>sement 'of monn phone extension or'extension -(system or. that the roles.- wgalatloha or pjiacUees iM^enfit, _ any tejegrapn ; corporatipn .0*1 telBphotis- -J*Bt itfeaiaS corporation affecttttf snob jfattSfefjCh'tnBBS;. *-—'----•'—-•- rentals or BervlSs are, uriju*fewnrejijl0'j» able or unjustly fJJscrlSlhisitorJs orjjmduly. prefej-entlal or It), My.,wlsfe J*'tfoja^ojt of law, or that the in4xaii).unj rap?* ,<ftw«t«* ortion rentals. chaTjwjaibiej.by aayjejueb^fels. iitraph corpora^orn f>r„kTfipSx<mo, are tvmffaiW*:*to &Ufro\..ftju/6ftaM*i coxn^BWWl%nf°Km<>*&&&M!&eTM i jfc: cpmrolssJpr^shall,*ltniiilueJr^'ra«,i'too'fte other thlngSi.to A.rensonable X-tterawtrt-i turn.upon t»».VnJ|t|«,io*f tte,-Rrnn«ttj! ( jt-s$u.-.to^fl^e^jte^.-jWt<i3ifecedinB ally used.Jn ,the, publto-serxi.es JMja»aS.fll«t teccssltRO't.'ctiaWne-'reser^'ab^o'^ibi^-. come for.vswplus. and r .contJni;enCle», : d«-. .tflrmlne the l -J|i«t, i Md>;-5eii«io»'rtiIe- ( enia j « charges^aaa, r.entals<to l be ,tbereafter:.ob- served and (n, V»r(!e,*js ^he*a«xlmu.m ^to .be charged,, d^maritleclj, exacted pr collect- ed for the per&rmBnaca pr. renderings Of the. sVv'ce specif ani shail fix;,the*ame by order to be Serve* upor^Bll<t*I«rtrj«jBh« cqrporaUons and,telephone.corporations, by ,'wbich auch-jratesr charges, asLdV.rsntals are thereafter, tot be «b»ai!vwl,'an4,th«r»- after no; Ihcceajse inj.jMy^ral^i<3lia)r««i.qr rental so fixed Shall be njaSsi^thoiilMtne- •con^nt.ofthfc.CiBMjn'uisiOnre,- * '; - ••• .8. .VTheti the..commi«aIot>,.«iBalt be«f-th,e opinion, after a hearin»h»a, upon- iti own motion or upon complaint tthat-tha rules,' .«gutoHoas-or pr»ctk*s l pf, s^ay .•ekgrspib corporation o^M\fp(Hi^eeii«n*iS>&\ta*' unjust or unreasonable or that the equip- ment or servloe tiif »rrjt,tele»raph cprpora- tlon or telephone.,corpgration la Intide-\* quate. Inefficient,';,Improper, er jnsufO- cieijt, the wrrmiisirtou jas|l. <?«'ermlne the Just, •rettSpn»ble-,^»^bste,ejS^.iiVsurid proper re-rnlati.dM. j»^e-w-,eWpjai^ and seryloa On&mt-.tp BtaJnibUIta. to ^^TobcCo^l!««pHoni scribe the same by order, J o .be^slrye* upon everjc.ttlegraph corporation -tod-tti-'.' ephone, corporation to be bound th«i*by, ana. thereafter It.shall bo Ote^duty of , every .teletraph-oorporatleD, and t«Wphon», corporation to which, such order Is «rict- ed to.obey each.and every.sruch, order so served ttpot. It«nd to do «y»rythlpp; woes-. sary or proper .in. order to assure oomBli- anosi.with and observanc* pt »v»ry sweb order by alt Its offlcers, «geoti.*iid ,«*- . ployees acoordlnsj to;ix*ilWBJu«i!»fki»»a= meaoliat. ^thlntcen^lmwllawbtt,chap- ter, shall be ooiystrueA-M sdvins; to.the oommisslon powei),t« ta*k**n*.6toy»t*&- -reoUon or, requlre-s^'ed^oti!lij«,-4ny,l«w». - -wnph- -corpora'Jon„,oy^ri^nb^ ,e*«^-iK (ummiK]| fron-t.Jnc^i^'^'betterment 'User, applicant - ojtJ;,iiria vou.h. > ,*'Bi«Mi'))TiB^'islsh, mann. r dAbJet q-te^gr^mji^lon to «-.• jaraciunti-dipii^-rJjysR'So expei.i- •dfrtitiUMkl fiorj.vWlilbh such • v „werfl<jn*jf.-i;a?fc*jijpmmlssinii . !d*P.-aUttljp)ta»«5pe'JJ»8*ie of bond gbitlH* *via«!i<!«'-pf,J)a.debtedni.--- < £Bi-aa(rs^»'JjjMp,'Soneys her.- <ns5U'fte'ew»4'Wfefronxtuicorne 1 n the,;.ap»Jic«UoauitheMfor. pro. .^ml^(pn3M-*» l **^ 4o r ' oJ \ > nlnel^r^HuS»red!and twelve ,of;tlielo«rnmis»ioii.strall 11^ th- a,ny^'su*cb;^ui»i«;fio''0ie : purpo- •if oWtS*piroeSMs%e-tb be npi'i. \ejl*\-t»«'lftti«ro»inftJTi of the . th«-moneyrpropetty or labor i- to.be-ji^urea-bri paid for i.> : or-1tl(ipleoSeda«-)ritii .been or h ' riaulried Krtnftipftrposes, spe, .ordefeMd^bS'^'tttcn - purposes pirt, •rea^naDBreSargeable t- WPenses^r^Acbme except i •fat&ffiteiMlhKpt. other evi.i- I ind-l ,. ndjtunj . !.?,<? F.olPS^ r [tier! |.,re : r ooy ' • f t o i) pm • nling'*! JeJ , ,r> i I ' ..unKl* ,l Int .pprats^J the t « of B I In I lirtg-l .wtSllslo'r&i^ei^DJnVwheth- r 11 •«? make iucfiilrSulry pt Ijivesin- \' ,n - .- *..«; i.jt -^ ; ubcuments <' M iiim;m^>^^ ot J-??i r .';,',\ «$ mission, .appi -\ ii.to any i\ Suc-h ions cor;,. M&jfr&M V*c»«f» ?* B \ y ' , U i.b«i more tit ion »iT.,anSfiiit if «\\°\ \ --•'-*••• •-* note* or other J —«t for the n< -1\ m '§ Action. cemP-ga jrtent of its ' odu |VjID '' M oirr°\-f in srM V;i«.\' v 4>i'i* \' -•'-#fe?„5|^.- f m „ ro vement of moillta^ci.ofe^Si •SB the swte.-P^tM&lji'pt?\- *\ o( obligations.- or-MlmaW*- li moneys actually expea9eA'.*or \ I-s The aommission>i*-Bhstll r „a»er to authori.-se.th9 capltiiii*ai ^franchise or right fo beiappr- \ or to authorise, tha^tipttaiizar , frunchiss or the right;to own, , enjoy any frafiobjae: .whatsb-- e-.s of the amount,fq>pq!pB|vftof-n ,, 'annual chargeJ-'aotUBliyaiaia' ,,te or any poiitlcstist-jbaivlslon '\ the conslderattanipf tth*^«anb ' t, mc-hlse or rlghti'-nc*. shallithe- 1, «mck of the oorp(»atip5«fprniea merger or consolidatlonrtof two-or •nier corporatlQna.SBxCeeaJ.the- snni TVii.ltal stock of thet;porppfatton l,,i luted, at the pan-Vamenheredr, 11,11111 and any aadtUonalisum,-aetu- 1,] ,„ cash; nor shall any contract ndatlon or lease b(i capltalteed , i, of any corporation jvhateyerj- ,,,s corporation hereafter Issue In.l-'.iKainst or as a lien.upon any ,, f,. r consolidation or merget. : Forfeiture; penalties, i. Every bi, corporation and- every tele- luruoration, and all oflicers, agents Ipiojees of any telegraph corpora- 1, phone corporatibn shall obey, ,,i,d .omply with every order;- dl- n H-.iiiirement made by tbq eom- nnder authority of this aftlelq,, us the same shall be ana remain Any telegraph corporation or epluiiie corporation . whlph shajl turn provision of.-thJs.a-ctl.cle , 0> 1 omits or neglects.to flWy,..0b- ..nipiy with any order, or any ir iequlreman.lt . of tfiO .commis- liull forfeit to the' people ofc the * N.-n york, not to exceed the sum thousand dollars for. each/ and ei.se . every violation of any such _. direction or requirement, pr.of licle, shall be a separate and.dls- ense. und, in case. ot.a cohttou- iil.it 11.11. every day's continuance. Jsh.di be and be deemed to be. a We and distinct offens^.i ni uon to recover a'penalty orfor- lun.i r this article may be brought , time within one. year after the ff ,oUon accrues, in any court of jjnt jiiiiidietion In this state.-In the •f the people of the state,of New Tin Hie relation of the commission, no commenced ana .prosecuted I judgment by counsel-to the com- j. in .my such action all penalties (feitures Incurred up to: the'-tlme ing the same mayfbe sued for eil therein, and-fhe connfienqe- 1,Hon to recover'a penalty or hull not be, or be held to be, a lot iin right to recover any other 1 ,.r forfeiture; -If the. defendant in itlon shall prove that during any |of th.- time for which It Is sought [fer penalties or forfeitures for a of an order of the commission, lenil.mt was actually' and In good ailing a suit, action or pro- tn the courts to set asiae such Ihe ™urt shall remit, the penalties Tsiiiir™ incurred during the pend- surh suit, action or proceeding. . recovered In any sucb action, wiih the costs thereof,, shall be Bo the state treasury to the credit eneral fund. I Summary proceedings. .Whenever bmtsslon shall be of the opinion (telegraph corporationjor telephone tion subject to Its, supervision is %• omitting or about -to fail or po anything reqalred-of It by law der, direction or reauireroent of nlsslon. authorJaed-bytWa chap- doing anything, pr about to. do |or perralttlng anything or about anything to be done, .contrary flotation of law, or of;any order, lor requirement of .the c^mmis/- forized by this chapter, it shall pnsel to the cominisslbii-to com- actlon or proceeding in the su- ftrt of the state ot New York In of the people'6f-tire state of : on the relation-pf'*tbe'commls- Ihe purpose of havlns^such vidlar Ihreatened vlolatidjs-Stdpped and l, either by mandarrTu's'Tw injuno- •unsei to the cb'n>JatsSIOi£ shall i he B in such aBHtSrrof *pf6cee*aing\ felon to the supreme,cbp'rt aueg- lol.ulnn'complained of and pray- ppropriate reljef by Vtay.of map- I injunction. It shall- thereupoji [ity ot the court tp*specify the exceeding twenty days after\ a copy of the petition, within telegraph corporation or teie- Irporation compjalnetl of- must le petition. In caae_0t.aelault to after answer, the..court snsJJ |l> inquire Into,, tb&.facts and nces in sucb mgnper. as., the |l dir.et without other or. formal and without xespept, to any [requirement. Sucli other-persons atlons as the- coui*t,-shall. deem [or proper toTjouf\asi-p^rtles' In. I make its ordefi' JudgmiRi't'oip,, ptive may be JoWeC alioPtUrHes^ Uudgment tn any.such-,actlon,or. )r shall either-dT/i-ntiHi^nejaRtldn', ding or direct;fthaJ)<aH.writ of J or an lnjunc^toii»-br,*'bofbi5 !«.- layeti for in thoepetftloibof.ln. \fled or other fornl apithStepurt •nine will affbrd.apprqprfati rer Icie nve of Sucir (^pteB'HfiHijrp^ Ibered article sli 'andjsjiections TBighty-seveh. InoiuslveS opjrooh '-e hereby rennmbBreaf rWpejSf hundred and,: twenty;' jo .one, bd twenty-seven? inciuslvea i act shall take-'en*ect'Sept«mber leen hundred and ili&L' >w fork. Office of-'thel Secretary, pss.: fcmpared the preceaing, W10« the fw onCHAP. file In this officei and a6. ^tlfy that the same-is a-c6rrect .therefrom and of the wftbleiof 81 low. SAMTJEl, S. KOENICS Secretary of Stater NEW YORK^ByAithorrty, 874. \...\,. > amend the Iatror>l«Wf Inirela- forkmen's compehsjUl'mslni.eejSs. terous emBloyments, , • law Juhft.iS. 19W, with -the Ithe Governor. Pass?di'i<tbree-. f present, tie of the State of New Tor*, 1 in, Senate anaWASjhjmbljK.'-**•\ BUOWB: i.Chapter thirty-sl*.oi*h\e;i^s« ! hundiTedsjiftn^-e^tle*\«An J : to labor, constituting chijiptBr , |of the consoIlas:te%;Ia:wi^.• la. .- •enaed: by lns^ij^^herehi'.,»-'ptoyment-c , to be article folirteeBss; there- las follpws; r- AR'nx^ElWV'\- tComnensatlbn In Certaln.-'Dan^.l'i %rou8 Employmeptai'... ,~ Appllcatiqn: of isrtlole;, ona. • >.*.*. 'pt liability, of action not aiJSjisted,. |of accident,: I of compensatjqni. • - \ Plea! examlnatlons.,- Itpeteney of workman. : iment of disputes,/ Tences and exemptions.- 6*ys' Uena • ; - .. ,.^ Kty of principal contractors*,, aaon of article. •Xhtoiaxtifitoj L n» to workm B m>«*g»«Bdito.; efanlcal laboeJre'tlM-»«fo** • nts. each of MmEtetmitti! • -be MpecIalfe^MjfeHtt, hb > the nature, .-Wh«i»o«s. v or •ecuuon of. tttjw^'Mt^eW.j risks to the life and llntli'.oe' . • »ubstanUally,u^yolda»»«v 'h of which.emptem«ittKH, •cesssry t* ejsikWinj.a.jMws \t»lly ,M«mi| bmptBsmtlon t*t : *mm*t*it*4*illpt orf- aon or demolMi'»«i»re»;*ii*' paing.to whlehjtlier*^ or In *»(• and «»ecm«t-lon» tret-mire, Iprame work. - . • • - -~ ration of (levators,' Idenicks or bolstins; 1 er on the outaM* line for the < nnectlon with I of such bridge . scaffolds ot j _ \\ '•« or m«r».-'sJip^ tit> or floor \ ructli ot,i T !»\\ia?'^ tfipalp apparn '. 6, Al] proxlrt aynani theaai the inc ;«, Th lbcomc cars p trlcity '^sonstn -tracks comotl are op. 7i T h ways. 8. All air. S 216. er,\ »• their p constrt above < 5 217. of ans scribed ing oul ployme caused in who jury cc contrib a. A employ thereof b. Pai man or or emp comply ploymei Ject as pay cor section title; pi be-liab! does nc riod of full waj employe shall nt juryj o whole 0 ful mfsc §218. right 01 any* sue any stal teen hut by this action f ages fo continue shall be of actio man. or or adml this art! pensatio section 1 of or h 'in any n jury, he aud deei ery othe any othe injury a case aftt the even ministrai common than th! therefor fit of thl 219. ings for* shall be accident gtven to ble after fore the employm during st feet or 1 bar to i unless tl prejudice curacy, the name jured. th. and in si thereof, served pe in a. regit pioyer a place of - ! 219-a. •antount < death res a. Ifth< of kin at penaent < twelve hi of such v was beim .time of t provided, three tho ments ma ducted in b. If su time of h ent upon sum not division a ing to the c. If be sonable, e once and dred doll: : -Whntevi payable u of the inj his legal such depe depenaent to whom ance and . 2, When work at i to the woi ly paymer second we Ing durln herein pro of bit- av< work- on yea* durft the,empIo: -If he sfcal of •tnesani then a w* three,time -full time the athoui gard shall tween the of the w o the; averai •thereafter meni-or 01 ot- the we *hsd to ah] which »the from the . bis'incapai jncapaclt'f no ease ex amount-of the workni average wi Irtg-or is ; but shall a ferenee. E sstron paid damage' sv payment p« eveptexcM over morei of the accl i iauvb. m man entitlt unaet this by the em ejsmlhatioi phjetltgiaei f0r.JWfe.trifl; CirlH^L. d*c«-lh-»b« ptrtiation s aecbupt'of 1 i : i*i*c,--it esse «Jf mj W&&-A & *.0>£i
