Publisher's Synopsis
Excerpt from Public Service Commission Laws: A Comparison of the Laws of New York; Wisconsin, Massachusetts, New, Jersey and Maryland
Municipal Ownership. In New York and Maryland it is provided that no municipality shall acquire any utility for other purposes than to supply its own needs, without first having secured the consent of the commission.
Valuation of Property. The Wisconsin law provides for a valna tion by the commission of the property of all public utilities. In de termining such value, the commission may avail itself oi any information in the possession of the State board of assessment. A public hearing shall be held, and upon such hearing the commission shall fix the value and file'a statement thereof with the utility and with the clerk of the municipality where it is situated. A te-valuation may be made at any time on the initiative of the commission.
Maryland adopted a similar provision and required a separate state ment of the property in each municipality. The other states give no such grants of power but in certain cases, at least in New York, there is an implied power in particular cases to value the property as a basis for rate making.
Enforcement of Orders. Every order or direction of the commis sion in New York goes into effect at a time designated by the commission in the order. A rehearing may be had on application, if the commission so determine, but such rehearing shall not stay the Operation of the order or direction. Violation of any lawful order or direction of the commission is punishable bv fine and each day's violation constitutes a separate offense. The commissions in New York. Wisconsin and Mary land have summary power to commence action in the courts to prevent by mandamus or injunction any violation or threatened violation of law or order of the commission, or to require anything to be done which the public utility has failed or is about to fail to do.
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