[8] Effect of regulative act on existing right.

An act restricting or regulating an existing right to lay down railroad tracks, etc., is not a fresh grant of that right.- Matter of Gilbert El. R. Co., 70 N. Y. 361, 3 Abb. N. C. (N. Y.) 434, affg. 9 Hun (N. Y.), 303.

§ 51. Power of commissions to order changes in time schedules; running of additional cars and trains. If, in the judgment of the commission having jurisdiction, any railroad corporation or street railroad corporation does not run trains enough or cars enough or possess or operate motive power enough, reasonably to accommodate the traffic, passenger and freight, transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at a reasonable or proper time having regard to safety, or does not run any train or trains, car or cars, upon a reasonable time schedule for the run, the commission shall, after a hearing either on its own motion or after complaint, have power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power or to change the time for starting its trains or cars or to change the time schedule for the run of any train or car or make any other suitable order that the commission may determine reasonably necessary to accommodate and transport the traffic, passenger or freight, transported or offered for transportation.

Mandamus to compel carriers to move traffic or to furnish cars or other facilities, see Interst. Com. Act, § 23, post, Appendix B.

Power of former Board of Railroad Commissioners to recommend changes in mode of operating railroads or of conducting their business, see N. Y. R. R. L., § 161.

Provisions of the New York Rapid Transit Act relative to time schedules for the running of trains and cars,— see N. Y. Rap. Tr. Act, § 28, post, Appendix A.

Duty of carriers to furnish sufficient cars and motive power,- see ante, § 37.

Power of Commissions to order changes in motive power,- see ante, 8 50.

General power of the state to regulate property devoted to public use,

see ante, § 1, notes [1]-[22].

General rules of statutory construction,-see ante, § 1, notes [23]-[40].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. Effect of receivership on power to regulate,- see ante, § 2, note [15]. Effect of vacancies on power commission,- see ante, § 4, note [5]. Validity of commission plan of regulation,- see ante, § 4, note [14]. Compelling production of books and papers,- see ante, § 19, notes [3]-[6].

Punishment of witnesses for contempt,― see ante, § 19, notes [7]-[12]. Commission not bound by technical rules of procedure,- see ante, § 20, note [1].

Immunity of witnesses,

see ante, § 20, notes [2]-[9].

Effect, review and restraint of orders,- see ante, § 23, notes.

Whether compelling the stopping of interstate trains is a regulation of interstate commerce,- see ante, § 25, note [15]. Failure to stop trains as form of discrimination,

note [30].

--

see ante, § 32,

Power of Commission to compel stopping of trains,- see ante, § 49, note [17].

Judicial enforcement of orders,- see post, § 57, notes.

Mandamus to compel erection of station,- see post, § 57, note [13].

The Corporation Commission of North Carolina ordered a railroad to run its trains so as to make connections with those of another line. The railroad objected to the order on the ground, among others, that to obey the order would necessitate the running of another train, which could not be done with profit.- Held, that as the primal duty of a carrier is to furnish adequate facilities to the public, that duty may well be compelled, although by doing so as an incident some pecuniary loss from rendering such service may result. The mere incurring of a loss from the performance of such a duty does not, in and of itself, necessarily give rise to the conclusion of unreasonableness.-Atlantic C. L. R. Co. v. Carolina Corp. Commission, 206 U. S. 1, 27 Sup. Ct. R. (U. S.) 585, affg. s. c. 137 N. C. 1, 49 S. E. 191.

An order of the North Carolina Corporation Commission compelling a railroad to run its trains so as to make connections with trains of another road is an order coming clearly within the scope of the power to enforce just and reasonable regulations.-Atlantic C. L. R. Co. v. N. Carolina Corp. Commission, 206 U. S. 1, 27 Sup. Ct. R. (U. S.) 585, affg. s. c. 137 N. C. 1, 49 S. E. 191.

If a railroad is not giving a town sufficient facilities and such cannot otherwise be had without compelling the stoppage of interstate trains, the appropriate course may be for the state commission to compel the running of more local trains, rather than the stoppage of the interstate trains in question.- Mississippi R. Com. v. Illinois Cent. R. Co., 203 U. S. 335, 27 Sup. Ct. R. (U. S.) 90.

The term "public convenience" is not to be construed to give the government the right to usurp the management of a railroad and perform the functions of its officers.- Lake Shore & M. S. R. Co. v. Smith, 173 U. S. 684, 19 Sup. Ct. R. (U. S.) 565, revg. s. c. 114 Mich. 460, 72 N. W. 328.

§ 52. Uniform system of accounts; access to accounts, etc.; forfeiture; *[liability of employees of commissions who divulge information].- Each commission may, whenever it deems advisable, establish a uniform system of accounts to be used by railroad and street railroad corporations or other common carriers which are subject to its supervision, and may prescribe the manner in which such accounts shall be kept. It may also in its discretion prescribe the forms of accounts, records and memoranda to be kept by such corporations, including the accounts, records and memoranda of the movement of traffic as well as the receipts and expenditures of moneys. The system of accounts established by the commission and the forms of accounts, records and memoranda prescribed by it as provided above shall conform as near as may be to those from time to time established and prescribed by the interstate commerce commission under the provisions of the act of Congress entitled "An act to regulate commerce" approved February fourth, eighteen hundred and eighty-seven, as amended by the act approved June twenty-ninth, nineteen hundred and six, and amendments thereto. The commission shall at all times have access to all accounts, records and memoranda kept by railroad and street railroad corporations and may prescribe the accounts in which particular outlays and receipts shall be entered, and may designate any of its officers or employees who shall thereupon have authority under the order of the commission to inspect and examine any and all accounts, records and memoranda kept by such corporations. Where the commission has prescribed the forms of accounts, records and memoranda to be kept by such corporations it shall be unlawful for them to keep any other accounts, records or memoranda than those so prescribed, or those prescribed by or under authority of the United States. Any employee or agent of the commission who divulges any fact or information which may come to his knowledge during the course of any such inspection or examination except in so far as he may be directed by the commission, or by a court or judge thereof, or authorized by law, shall be guilty of a misdemeanor.

Words in brackets not a part of section heading as enacted-ED.

Parallel provisions of the Interstate Commerce Act,- see Interst. Com.

Act, 20, post, Appendix B.

Schedules of rates, etc., shall conform as nearly as may be to the form established by the Interstate Commerce Commission,- see ante, § 28.

Access of Commission to accounts and books of carriers,- see also, ante, § 45, subd. 3.

Power of Commission to require reports and special information from carriers, see ante, § 46.

Penalties and forfeitures for failure to keep accounts in the form required by Commission,― see post, § 56.

General power of the state to regulate property devoted to public use,

see ante, § 1, notes [1]-[22].

Power of the state to regulate carriers' way of doing business,— see ante, § 1, note [2].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. General rules of statutory construction,—see ante, § 1, notes [23]-[40]. Franchise grants construed favorably to the public right,— see ante, § 1, note [30].

Who are common carriers,- see ante, § 2, notes [2]-[7].

Effect of vacancies on power of Commission,- see ante, § 4, note [5]. Effect of receivership on power to regulate,— see ante, § 2, note [15]. Validity of commission plan of regulation,- see ante, § 4, note [14].

The Interstate Commerce Commission cannot require a railroad corporation to keep books between itself as a carrier and itself as a shipper and vendor of coal, to show what it charged itself for transporting its own coal.- Haddock v. D. L. & W. R. Co., 3 Inters. Com. R. 123, 302, 4 I. C. C. R. 296.

§ 53. Franchises and privileges; *[approval of commission required; certificates of public convenience and necessity].- Without first having obtained the permission and approval of the proper commission no railroad corporation, street railroad corporation or common carrier shall begin the construction of a railroad or street railroad, or any extension thereof, for which prior to the time when this act becomes a law a certificate of public convenience and necessity shall not have been granted by the board of railroad commissioners or where prior to said time said corporation or common carrier shall not have become entitled

* Words in brackets not a part of section heading as enacted.-Ed.

by virtue of its compliance with the provisions of the railroad law to begin such construction; nor, except as above provided in this section, shall any such corporation or common carrier exercise any franchise or right under any provision of the railroad law, or of any other law, not heretofore lawfully exercised, without first having obtained the permission and approval of the proper commission. The commission within whose district such construction is to be made, or within whose district such franchise or right is to be exercised, shall have power to grant the permission and approval herein specified whenever it shall after due hearing determine that such construction or such exercise of the franchise or privilege is necessary or convenient for the public service. And if such construction is to be made, or such franchise to be exercised in both districts, the approval of both commissions shall be secured.

General power of the state to regulate property devoted to public use,see ante, § 1, notes [1]-[22].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. General rules of statutory construction,-see ante, § 1, notes [23]-[40]. Who are common carriers, see ante, § 2, notes [2]-[7].

Effect of receivership on power to regulate,- see ante, § 2, note [15]. Effect of vacancies on power of Commission,- see ante, § 4, note [5]. Validity of commission plan of regulation,- see ante, § 4, note [14]. Compelling production of books and papers,- see ante, § 19, notes [3]-[6].

Punishment of witnesses for contempt,- see ante, § 19, notes [7]-[12]. Permits to construct a switch in a public street,- see ante, § 27, note [11].

Board of Railroad Commissioners abolished and its powers and duties transferred to the Public Service Commission,- see ante, § 5, post, $$ 80, 83.

[1] What consents necessary.

Three consents must be secured before a surface street railroad can be built: (1) Of the owners of the abutting lands, or in lieu thereof, the consent of the Appellate Division, acting upon the report of its commissioners; (2) of the local authorities; (3) of the N. Y. Board of Railroad Commissioners.- In the Matter of Application of Buffalo Traction Co., 25 App Div. (N. Y.) 447, 49 N. Y. Supp. 1052; affd. without opinion, 155 N. Y. 700, 50 N. E. 1115.