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county be interested in or a party to any proceeding in any court, and if there be no coroner in such county, or if the coroner be interested in any such proceeding, then the clerk of the court from which such process issues shall appoint some suitable person to act as special coroner to execute such process, and such special coroner shall be under the same rules, regulations and penalties as hereinabove provided for.

Code, s. 658; 1891, c. 173. The provision for deputizing special officer when sheriff and coroner interested applicable also to courts of justices of the peace: Baker v. Brem, 127-322.

WHEN SHERIFF A PARTY OR INTERESTED. Process must be executed by coroner: Bowen v. Jones, 35-25; Battle v. Baird, 118-862by deputy of coroner, Yeargin v. Siler, 83-348. Where no coroner clerk appoints one to execute process: Witkousky v. Wasson, 69-38. Sheriff insane and county commissioners failing to declare office vacant, coroner performs duties of sheriff except as tax collector: Somers v. Comrs., 123582. See also sections 2811 and 2819.

1053. Compensation of jurors at inquest. All persons who may be summoned to act as jurors in any inquest held by a coroner over dead bodies, and who, in obedience thereto, shall appear and act as such jurors, shall be entitled to the same compensation in per diem. and mileage as is allowed by law to jurors acting in the superior courts. The coroners of the respective counties are hereby authorized and empowered to take proof of the number of days of service. of each juror so acting and also of the number of miles traveled by such juror in going to and returning from such place of inquest, and shall file with the board of commissioners of the county a correct account of the same, which shall be, by such commissioners, audited and paid in the manner provided for the pay of jurors acting in the superior courts.

Code, ss. 659, 660.

CHAPTER 20.

CORPORATION COMMISSION.

I. COURT.

1054. Court of record. There shall be a court of record, known as the "corporation commission." Such court shall adopt a seal, and shall have all of the powers and jurisdiction of a court of general jurisdiction as to all subjects embraced in this chapter. The members and clerk thereof may administer oaths.

1899, c. 164, ss. 1, 31.

[NOTE. Many annotations which might be properly placed in this chapter appear in chapter on Railroads, which see.]

The establishment of this court does not interfere with interstate commerce: Caldwell v. Wilson, 121-425. Discussion of power of legislature in formation of this court and constitutionality of certain provisions of railroad commission act of 1891 and of act of 1892 in Efland v. R. R., 146- ; Pate v. R. R., 122-877; Express Co. v. R. R., 111-463; Caldwell v. Wilson, 121-425; Industrial Siding Case, 140-239; Corporation Com. v. R. R., 139126; Railroad Connection Case, 137-14; Corporation Com. v. R. R., 127288; Leavell v. Tel. Co., 116-220; and cases there cited. Railroad commission under act 1891 an administrative, not a judicial body, Pate v. R. R., 122-877; Caldwell v. Wilson, 121-425. The reason for making this a court of record was simply to give authenticity to its records and proceedings and added nothing to its duties and powers, Caldwell v. Wilson, 121-425. Act of 1891, Chapter 320, not repealed by Acts of 1899, chapters 164 and 506, but in effect amended, reenacted and continued in force: State v. Railroad, Co., 125-666; Abbott v. Beddingfield, 125-256, and cases cited; see also Wilson v. Jordan, 124-683.

1055. Number of commissioners. The court shall consist of three commissioners, who shall be elected by the qualified voters of the state, in the same manner as other state officers are elected. The court shall organize by the election of one of the commissioners as chairman.

1899, c. 164, s. 1.

1056. Term of office. The term of office of the commissioners shall begin on the first day of January next after their election, and shall continue for six years and until their successors are elected and qualified. One member of the court shall be elected at each general election.

1899, c. 164.

1057. Vacancy. If for any cause there shall be a vancancy in the commission, the governor shall appoint to such vacancy. Such appointee shall hold until the election and qualification of his successor, who shall be elected at the next general election, after the vacancy occurred. The person so elected shall hold office for the unexpired term.

1899, c. 164; 1901, c. 194.

1058. Qualification of commissioners. It shall be unlawful for any member or official of said court to jointly, severally, or in any other way, either directly or indirectly, hold any stock or bond, or be the agent, attorney or employee, or have any interest in any way, in any steamboat, railroad, canal, navigation, express, telegraph, telephone, bank or building and loan company, or association. If

any member or official of said court shall, during the term of his office as distributee or legatee, or in any other way, have or become entitled to any stock or bonds or interest therein of any such company he shall at once dispose of the same, and upon failure to do so shall forfeit his office, and may be suspended by the governor.

1899, c. 164. Power of governor to suspend railroad commissioner under prior enactment very similar to above section, fully discussed in Caldwell v. Wilson, 121-425. One accepting office of commissioner takes it subject to suspension hereunder: Ibid. Procedure in suspending commissioner discussed: Ibid. Constitutionality of provisions of statute discussed generally: Ibid.

1059. Oath of office. The members of the court, in addition to the oath to support the constitution and laws of the United States and the constitution and laws of the state of North Carolina, shall take, to be administered by one of the judges of the supreme court, the following oath of office, which oath shall be signed by such commissioners and attested by said judge and recorded in the office of the secretary of state: "I do solemnly swear (or affirm) that I am not the owner of any steamboat or of any stock or bond of any railroad, navigation or canal company, express, telegraph or telephone company, or of any bank or building and loan association, or the agent or attorney or employee of any such company or association; that I have no interest in any way in any such company or association, and that I will well and faithfully execute the duties of my office as a member of the corporation commission and as state tax commissioner to the best of my knowledge and ability, without fear, favor, malice, reward or the hope of reward. So help me, God."

1899, c. 164, s. 1; 1903, c. 251, s. 3.

1060. Place of meeting. The court shall be held in the city of Raleigh. Special sessions may be held at any place, in the state, when in the judgment of the court the convenience of all parties is best subserved and expense is thereby saved.

1899, c. 164, ss. 30, 31; 1901, c. 679, s. 4.

1061. Open at all times. The court shall be open at all times for the transaction of business, and each member shall devote his whole time to the discharge of the duties of his office; and it shall be his duty to remain in the office of the commission at least fifteen days in each month, unless detained therefrom on official business. 1899, c. 164, s. 30; 1903, c. 251, s. 3.

1062. Quorum. Any two members of the court shall constitute a quorum for the transaction of business. The chairman is hereby

authorized and empowered to perform the duties and exercise the powers conferred by law upon the corporation commission as to or over banks and building and loan associations, but this shall not prevent, as to banking and building and loan associations, the other members of the court from acting with the chairman in all of such matters.

1899, c. 164, s. 29.

1063. Clerk. The court shall appoint a clerk, who shall be an expert accountant, experienced in railroad statistics and transportation rates. His term of office shall be for two years. He shall take and subscribe to oaths of office similar to those prescribed for the commissioners: Provided, this shall not prevent the clerk from holding stock in state or national banks.

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1064. Examinations. The commissioners shall from time to time visit the places of business, and investigate the books and papers of all corporations, firms or individuals engaged in the transportation of freight or passengers, the transmission of messages either by telegraph or telephone, all public or private banks, loan and trust companies, and all building and loan associations, to ascertain if all the orders, rules and regulations of the corporation commission have been complied with, and shall have full power and authority to examine all officers, agents and employees of such companies, individuals, firms or corporations, and all other persons under oath or otherwise, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for carrying into effect and otherwise enforcing the provisions of this chapter, and the chapters entitled "Banks" and "Building and Loan Associations."

1899, c. 164, s. 1.

1065. Railroad accidents. The commission may investigate the causes of any accident on a railroad or steamboat which it may deem to require investigation, and any evidence taken upon such ivestigation shall be reduced to writing, filed in the office of the commission, and be subject to public inspection.

1899, c. 164, s. 24.

III. POWERS.

1066. General powers. The corporation commission shall have such general control and supervision of all railroad, street railway,

steamboat, canal, express and sleeping car companies or corporations and of all other companies or corporations engaged in the carrying of freight or passengers, of all telegraph and telephone companies, of all public and private banks and all loan and trust companies or corporations, and of all building and loan associations or companies, necessary to carry into effect the provisions of this chapter and the laws regulating such companies, and to require all transportation and transmission companies to establish and maintain all such public service facilities and conveniences as may be reasonable and just.

1899, c. 164, s. 1; 1901, c. 679; 1907, c. 469, s. 2; 1907, c. 966. See sections 1096, 1096a. Legislature has right to supervise, regulate and control rates and conduct of common carriers either directly or through commission: Corporation Com. v. R. R., 139-26; Industrial Siding Case, 140-239; Corporation Com. v. R. R., 127-288; Express Co. v. Railroad, 111463.

Cases as to power of commission to regulate telegraph companies: Leavell v. Tel. Co., 116-220; Railroad Comrs. v. Tel. Co., 113-213; Mayo v. Tel. Co., 112-343.

*For meaning of word "company' in section, see Efland v. Railroad, 146. For power in specific cases, see under section dealing with such specific cases.

1067. Witnesses; production of papers; contempt. The corporation commission shall have the same power to compel the attendance of witnesses, require the examination of persons and parties, and compel the production of books and papers, and punish for contempt, as by law is conferred upon the superior courts.

1899, c. 164, ss. 1, 9, 10.

1068. Rules of practice. The corporation commission shall prescribe rules of practice and procedure in all matters before it and in all examinations necessary to be made under this chapter. 1899, c. 164, s. 2, subsec. 24.

1069. Rules of evidence. In all cases under the provisions of this chapter the rules of evidence shall be the same as in civil actions, except as provided by this chapter.

1899, c. 164, s. 26.

1070. Subpoenas, how issued; served. All subpoenas for witnesses to appear before the commission or before any one or more of the commissioners, and notice to persons or corporations, shall be issued by one of the commissioners or its clerk and be directed to any sheriff, constable or to the marshal of any city or town who shall execute the same and make due return thereof as directed therein

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