Even though a public officer rightfully held a free pass before the adoption of the provision of the N. Y. Constitution forbidding the receiving or using of passes by public officers, that provision makes it unlawful for him to thereafter use the said pass.- People v. Rathbone, 145 N. Y. 434, 40 N. E. 395, 28 L. R. A. 384.

N. Y. Const., Art. XIII, § 5, prohibits officers and representatives of the State Board of Railroad Commissioners from accepting free passes from a railroad, but not from the Secretary of State for their transportation while engaged in public business.- Matter of R. R. Comrs., 11 Misc. (N. Y.) 103, 32 N. Y. Supp. 1115.

§ 16. Annual report of commissions.-All proceedings of each commission and all documents and records in its possession shall be public records, and each commission shall make an annual report to the legislature on or before the second Monday of January in each year, which shall contain copies of all orders issued by it, and any information in the possession of the commission which it shall deem of value to the legislature and the people of the state. Five hundred copies of each report, together with abstracts of the reports to such commission of common carriers, railroad corporations and street railroad corporations, and gas and electrical corporations, in addition to the regular number prescribed by law, shall be printed as a public document of the state, bound in cloth, for the use of the commissioners and to be distributed by them in their discretion to railroad, street railroad, gas and electrical corporations and other persons interested therein,

Annual reports of Interstate Commerce Commission,- see Interst. Com. Act, § 21, post, Appendix B.

Former Board of Railroad Commissioners not required to give publicity to information, contracts, agreements and leases required to be furnished by railroads,—see N. Y. R. R. L., § 163. Annual reports of former Board of Railroad Commissioners,— see N. Y. R. R. L., § 166.

Annual reports of corporations subject to this Act,- see post, §§ 46, 66.

Annual report of Commission may recommend legislation deemed wise in the public interest,- see post, § 45.

A report of a railroad commission to the governor may be used against it on an application by it to secure compliance with one of its

orders.

Seaboard Air L. R. Co. v. Florida, 203 U. S. 261, 27 Sup. Ct. R. (U. S.) 109, affg. s. c. 48 Fla. 129, 37 So. 314, 48 Fla. 150, 37 So. 658.

Upon an application for an order for the inspection of the record of assessed valuations, it is proper to limit the inspection to the assessments affecting the petitioner personally and his clients.- Matter of Lord, 167 N. Y. 398, 60 N. E. 748, affg. 59 App. Div. (N. Y.) 591, 69 N. Y. Supp. 678.

For various definitions of the word

document," see Hayden v. Van

Cortlandt, 84 Hun (N. Y.) 150, 32 N. Y. Supp. 507.

A corporator of a municipal corporation has the right to inspect and take copies of the contracts for public works of the municipality without showing any private personal interest in such documents because everybody has a right to see the public records of the corporation.— People ex rel. Henry v. Cornell, 47 Barb. (N. Y.) 329, revd. without opinion, 35 How. Pr. (N. Y.) 31.

The fact that a statute required a report of the Railroad Commissioners to the legislature and authorized them to distribute printed copies thereof did not make such report evidence unless certified by a Commissioner or the secretary.- Bella v. New York, L. & W. R. Co., 24 N. Y. S. R. 921, 6 N. Y. Supp. 552.

A document is defined as an instrument upon which is recorded by means of letters, figures or marks, matter which may eventually be used."- Johnson Street R. Co. v. North Branch Steel Co., 48 Fed. 190.

It is not the unqualified right of every citizen to demand access to, and inspection of, the works and documents of a public office. The individual demanding an inspection must have an interest in the document. An inspection will not be granted to gratify curiosity.— Randolph v. State, 82 Ala. 527, 2 So. 714; Brewer v. Watson, 71 Ala. 299.

Any person interested in what a public record shows has the right to inspect but not to handle or touch the same.-Keefe v. Donnell, 92 Me. 151, 42 Atl. 345.

All the people have a right of free access to, and public inspection of, public records, and the citizen who wishes to make such inspection need not show some special interest in such record.- Burton v. Tuite, 78 Mich. 363, 44 N. W. 282, 7 L. R. A. 73.

Every person is entitled to the inspection of public documents if he shows the requisite interest therein. The common interest which every citizen has in the enforcement of the laws of the community where he dwells is sufficient.- State ex rel. Ferry v. Williams, 41 N. J. L. 332.

All persons have the right to know the contents of public records and to make an inspection thereof.- Newton v. Fischer, 98 N. C. 20, 3 S. E. 822.

The stock ledger or transfer book of a corporation is a document.Clark v. Rhode Island Locomotive Works, 24 R. I. 307, 53 Atl. 47.

The record book of a corporation is a document "- Arnold v. Pawtuxet Val. Water Co., 18 R. I. 189; 26 Atl. 55, 19 L. R. A. 602.

It is the duty of public officers to allow all persons interested to inspect and to make copies of public records and this duty may be enforced by mandamus.— Clay v. Ballard, 87 Va. 787, 13 S. E. 262.

§ 17. Certified copies of papers filed to be evidence. -Copies of all official documents and orders filed or deposited according to law in the office of either commission, certified by a commissioner or by the secretary of the commission to be true copies of the originals, under the official seal of the commission, shall be evidence in like manner as the originals.

For similar provisions as to Interstate Commerce Commission,- see Interst. Com. Act, § 16, post, Appendix B.

For similar provision,- see N. Y. Code of Civil Procedure, § 933. For practically identical provisions as to former Board of Railroad Commissioners,- see N. Y. R. R. L, § 167.

A statute authorizing the receipt in evidence of certified copies of papers filed, kept or recorded pursuant to law in a public office does not make such copies evidence unless the originals if produced would be competent.- Donohue v. Whitney, 133 N. Y. 178, 30 N. E. 848.

Certified copies of papers in a public office are not evidence where the seal is omitted.- City of New York v. Vanderveer, 91 App. Div. (N. Y.) 303, 86 N. Y. Supp. 659.

In order that certified copies of papers filed or recorded in a public office may be evidence there must be some law which authorizes the filing or recording of the originals.- Polykranas v. Krausz, 73 App. Div. (N. Y.) 583; 77 N. Y. Supp. 46.

A certified copy of a record of a power of attorney is not evidence unless there is a statute providing for the recording of such a paper.— Striker v. Striker, 31 App. Div. (N. Y.) 129, 52 N. Y. Supp. 729.

The minutes of the proceedings of a town board are not required by law to be filed in the town clerk's office and they are not therefore competent evidence under the statute which makes papers filed pursuant to law, evidence.-Jackson v. Collins, 62 Hun (N. Y.), 618, 16 N. Y. Supp. 651, 41 N. Y. S. R. 590.

Reports of the N. Y. Board of Railroad Commissioners were not admissible in evidence unless certified by a member of the Board or his

secretary.

Bella v. New York, L. & W. R. Co., 24 N. Y. S. R. 921, 6 N. Y. Supp. 552.

§ 18. Fees to be charged and collected by the commissions.-Each commission shall charge and collect the following fees: For copies of papers and records not required to be certified or otherwise authenticated by the commission, ten cents for each folio; for certified copies of official documents and orders filed in its office, fifteen cents for each folio, and one dollar for every certificate under seal affixed thereto; for certifying a copy of any report made by a corporation to the commission, two dollars; for each certified copy of the annual report of the commission, one dollar and fifty cents; for certified copies of evidence and proceedings before the commission, fifteen cents for each folio. No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the commission in the ordinary course of distribution. All fees charged and collected by the commission of the first district shall belong to the city of New York, and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the city to the credit of the general fund, and all fees charged and collected by the commission of the second district shall belong to the people of the state, and shall be paid monthly, accompanied by a detailed statement thereof, into the treasury of the state to the credit of the general fund.

For practically identical provisions as to fees charged by former Board of Railroad Commissioners, see N. Y. R. R. L., § 165.

§ 19. Attendance of witnesses and their fees; *[procedure in punishing for contempt].-1. All subpœnas shall be signed and issued by a commissioner or by the secretary of a commission and may be served by any person of full age. The fees of witnesses required to attend before a commission, or a commissioner, shall be two dollars for each day's attendance, and five cents for every mile of travel by the nearest generally traveled route in going to and from the place where attendance of the witness is required, such fees to be paid when the witness is excused from further attendance; and the disbursements made in the payment of such fees shall be audited and paid in the first district in the same manner provided for the payment of expenses of the commission.

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

2. If a person subpoenaed to attend before a commission, or a commissioner fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance before a commission, or commissioner, shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or papers, when ordered so to do by the commission, or a commissioner, or to subscribe and swear to his deposition after it has been correctly reduced to writing, he shall be guilty of a misdemeanor and may be prosecuted therefor in any court of competent criminal jurisdiction.

If a person in attendance before a commission or a commissioner refuses without reasonable cause to be examined or to answer a legal and pertinent question or produce a book or paper, when ordered so to do by a commission or a commissioner, the commission may apply to any justice of the supreme court upon proof by affidavit of the facts for an order returnable in not less than two nor more than five days directing such person to show cause before the justice who made the order, or any other justice of the supreme court, why he should not be committed to jail; upon the return of such order the justice before whom the matter shall come on for hearing shall examine under oath such person whose testimony may be relevant, and such person shall be given an opportunity to be heard; and if the justice shall determine that such person has refused without reasonable cause or legal excuse to be examined, or to answer a legal and pertinent question, or to produce a book or paper which he was ordered to bring, he may forthwith, by warrant, commit the offender to jail, there to remain until he submits to do the act which he was so required to do or is discharged according to law.

Compelling giving of testimony and production of books and papers in court proceedings to enforce adherence to published interstate rates,- see Elkins Act, § 3, post, Appendix B.

For provisions as to witnesses in attendance before Interstate Commerce Commission,- see Interst. Com. Act, § 12, post, Appendix B.

Provisions of N. Y. Code of Civil Procedure as to compelling attendance and testimony of witnesses in civil actions,- see N. Y. Code Civ. Pro., §§ 852-869.

Criminal contempts,- see N. Y. Penal Code, § 143.

For provisions as to attendance of witnesses before former Board of Railroad Commissioners, and fees for such attendance,- see N. Y. R. R. L., § 164.