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the chairman. Only the assembly, acting through the chairman, can limit debate. The yeas and nays cannot be called. The only subsidiary motion permissible in committee of the whole is to amend. The committee cannot adjourn. The motion which, when carried, terminates its session is "that the committee do now rise." Thereupon the committee rises and the regular presiding officer takes the chair. If the consideration of the business entrusted to it has not been finished, the motion is, "that the committee do now rise, report progress, and ask leave to sit again.” After the presiding officer has resumed the chair and the chairman of the committee has gone to his seat in the assembly, he rises, addresses the presiding officer, and says: “Mr. Speaker (or whatever title is appropriate), I am instructed by the committee of the whole to report that, having had the business committed to it under consideration, it has arrived at no conclusion with reference thereto and asks leave to sit again.”

If a conclusion has been reached, the committee instructs its chairman so to report, and then instead of the foregoing the chairman says: “Mr. Speaker, I am instructed by the committee of the whole to. report that it has finished its consideration of the matter committed to it, and I am ready to make known its conclusions whenever the house shall think proper. The presiding officer generally replies: “Please proceed,” and the chairman then reports the action of the committee, and the clerk enters it on the minutes of the house.

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As a text book upon the Common Parliamentary Law Cushing's treatise is standard throughout the United States, and an abridged edition of this with notes by Albert S. Bolles is admirable. Roberts' and Reed's manuals are convenient and valuable.

Those who are curious to delve in the subsoil of the subject are referred to the works of Hackwill, Scobell, Elsyng, Pettyt and Hatsell, to Jefferson's manual already mentioned and to the exhaustive scientific treatise of Mr. May.




(The numbers refer to the numbered sections in the text.)

1. Distinguish between the duties of a public service corpora

tion and of a private corporation in their dealings with

patrons and customers. 2. State briefly the origin of what are known in our law as

public service corporations. 3. Name and define five public service corporations and in

each case state whether or not an individual, should he be engaged in the same line of business, would be subject to

the same rules as is the corporation. 4. What is the basis for public control of or intervention in

private enterprises ? 5. What is meant by a monopoly? 6. In considering the question of unfairness in competition

what would you say ought to be the controlling element? 7. A is the owner of a warehouse and dock privileges. Does

that fact subject him to the rules and regulations govern

ing public service corporations ? 8. Are telegraph and telephone corporations rated as com

mon carriers ? 9. To what extent, if at all, may a public service corporation

justify apparently excessive charges? 10. What is the theory upon which public service corporations

are granted franchises embracing exclusive rights and

privileges ? 11. A owns a building which he furnishes as a hotel, and starts in business. Does he thereby subject himself to the duties

and obligations of one engaged in public service! 12. A is engaged in the grocery business; B purchases goods

from him and desires to have them delivered at his home.

Is A obliged to accommodate him? 13. What is the chief characteristic of public employment ? 14. Jones, living in a small town where there is no hotel,

occasionally furnishes lodging and meals to applicants.

Does he thereby become an innkeeper! 15. A, desiring to express one hundred pounds of dynamite,

properly boxed, offers to pay the charges for shipment

thereof. Must the express company transport the same? 16. Where a corporation professes to transact two lines of

business, one of a public, the other of a private nature, may it be held to a public duty in matters relating to the

private business? 17. A demands that a railroad company furnish him cars

with which to ship stock; the company fails so to do and A suffers loss thereby. May he recover against the railroad

company? 18. A gas company is operating in a town of 5,000 inhabitants.

A new enterprise is established in that town, bringing with it many employees, some of whom apply to the gas com

pany for service. Must the gas company serve them? 19-20. A corporation has been conducting the business of a

wharfinger. It now desires to abandon that business.

How shall it go about accomplishing this purpose ? 21. State the distinction in law between the duties of public

service corporations and those of private corporations, or

individuals not engaged in public service enterprises. 22. What is the underlying principle of the liability of a cor

poration or individual engaged in public enterprise ? 23. May the public as a body politic maintain an action for

loss occasioned by the fault of a public service corporation, or must such actions be instituted by the individual suf.

fering special injury? 24. May a public service corporation defend an action brought

against it to compel performance of its duties, on the ground that the contract relied upon was made with a person under legal disability ?

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