Chapter 8. To alter the personnel of the Public Utilities Commission of the District of Columbia, and for other purposes
1,252 words·~6 min read·
/statutes-at-large/vol-44/chapter-8-21093943·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 8.— An Act To alter the personnel of the Public Utilities Commission of the District of Columbia, and for other purposes.December 15, 1926.[[H. R. 11119](/us/bill/69/hr/11119).][[Public, No. 529](/us/pl/69/529).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Public Utilities Commission, D. C.Vol. 37, p. 995, amended. That paragraph 97 of section 8 of the Act entitled “An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June 30, 1914, and for other purposes,” approved March 4, 1913, is amended to read as follows: " “ Par. 97. Composition of.
(a)The Public Utilities Commission of the District of Columbia shall be composed of three commissioners as follows:
(1)The Engineer Commissioner of the District of Columbia, and Salary of appointees.(2) two persons appointed by the President, by and with the advice and consent of the Senate. Each of the appointed commissioners shall receive a salary at the rate of $7,500 per annum. Tenure of first appointees.Of the two commissioners first appointed after the passage of this amendatory Act, one shall be appointed for a term of two years, Subsequent terms.and one for a term of three years, commencing July 1, 1926. The terms of office of all successors shall expire three years after the expiration of the terms for which their predecessors were appointed; but any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. The commission shall at least biennially elect a chairman by a Holding other public office forbidden.majority vote of its members. No commissioner, other than the said Engineer Commissioner of the District of Columbia, shall, during his term of office, hold any other public office. The Commissioners of the District, of Columbia shall furnish the Public Residence, etc., required.Utilities Commission with suitable offices and quarters. No person, other than the said Engineer Commissioner of the District of Columbia, shall be eligible to the office of Commissioner of the Public Utilities Commission who has not been a bona fide resident of the District of Columbia for a period of at least three years next preceding his appointment or who has voted or claimed residence Ineligibility if interested in any District public utility.elsewhere during such period. No person shall be eligible to the office of commissioner of said Public Utilities Commission who is, or who shall have been during a period of five years next preceding his appointment, directly or indirectly interested in any public utility operating, owning, or having an interest in property in the District of Columbia; or in any stock, bond, mortgage, security, or contract of any such public utility. If any such commissioner shall voluntarily become so interested, his office shall ipso facto become vacant: and if any such commissioner shall become so interested otherwise than voluntarily he shall, within a reasonable time, divest himself of such interest, and if he fails to do so his office shall Additional oath required for commissioners, employees, etc., of possessing no interest in any District public utility.become vacant. Before entering upon the duties of his office each commissioner, the secretary of the commission, the counsel of the commission, and every employee of said commission shall take and subscribe the constitutional oath of office, and shall in addition thereto make oath or affirmation before and file with the clerk of the Supreme Court of the District of Columbia that he is not 921pecuniarily interested, voluntarily or involuntarily, directly or indirectly, in any public utility in the District of Columbia. “(b) A majority of the commissioners shall constitute a quorumQuorum, etc. to do business, and any vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the commission. Any investigation, inquiry, or hearing within the powersAuthority of any commission. of the commission may be made or held by any commissioner, whose acts and orders, when approved by the commission, shall be deemed to be the order of the commission. The commission shall haveRules of procedure, etc. power to adopt and publish rules and regulations for the administration of the provisions of this section, including the conduct of its investigations, inquiries, hearings, and other proceedings.”" Sec. 2. The commissioners of the Public Utilities Commission ofTemporary continuance of present commission. the District of Columbia in office upon the date of the enactment of this Act shall continue to hold office and exercise the powers of the commission until two commissioners are appointed and take office under the provisions of this Act. This Act shall not be construedNo former action, etc., thereof invalidated.
(1)to invalidate any subpoena, valuation, order, rule, regulation, or revocation, or any recision, alteration, modification, amendment, or suspension thereof issued by the commission prior to the date on which the commissioners first appointed under this Act take office; or
(2)to invalidate any complaint served, or any investigation, inquiry, or hearing held or commenced, or any determination or decision rendered by the commission prior to such date; or
(3)to invalidate, abate, or discontinue any action, suit, trial, or proceeding commenced by of against such commission prior to such date. Sec. 3. Such Act of March 4, 1913, is amended by inserting afterNew matter.Vol. 37, p. 993, amended. paragraph 91 thereof a new paragraph to read as follows: " “Par. 91A.
(a)There shall be appointed by the President, byPeople’s counsel to be appointed. and with the advice and consent of the Senate, in lieu of the attorney at law provided for the Public Utilities Commission in the District*Ante*, p. 420, amended. of Columbia Appropriation Act, approved May 10, 1926, an additional counsel of the commission to be known as the people’s counsel, who— “(1) Shall represent and appear for the people of the DistrictDuties specified. of Columbia at all hearings of the commission and in all judicial proceedings involving the interests of users of the products of or service furnished by public utilities under the jurisdiction of the commission; “(2) Shall represent and appear for petitioners appearing before the commission for the purpose of complaining in matters of rates or service; and “(3) May investigate the service given by, the rates charged by, and the valuation of the properties of, the public utilities under the jurisdiction of the commission. “(b) The term of office of the people’s counsel shall be four years,Tenure and pay. and he shall receive a salary at the rate of $7,500 a year. No personResidence and professional qualifications. shall be appointed as people’s counsel who has not been a bona fide resident of the District of Columbia continuously for a period of at least five years immediately preceding the effective date of his appointment, or who has not been engaged in the actual practice of law before the Supreme Court of the District of Columbia for a period of at least five years. No person shall be eligible to the office of people’s counsel who is, or who shall have been during a periodNo person with interest in any District public utility during preceding five years eligible to the office. of five years next preceding his appointment, directly or indirectly interested in any public utility operating, owning, or having an interest in property in the District of Columbia, or in any stock, bond, mortgage, security, or contract of any such public utility.”" Approved, December 15, 1926.