The Advocate and news., 1899-01-04

inquiry as 20 the facts. and permit dis
mlsBal or not In It's discretion. No COM
promise, agreement, or stipulation Of any
kind. between the State Solicitor and any
upon the court nor OF any validity without
It's approval after II has been fully advised
Of the facts In relation thereto.
Sec. Is. AGidavits may be used upon the
hearing OF motions, under such regulations
as the rules OF the court may prescribe.
Sec. 10. Upon application to the court
and leave obtained according TO It's rules,
depositions may be taken and used Where
the witness does not reside In the State,
or is absent therefrom, or where from age,
lnhrmity, or imprisonment the witness
can not attend or where the testimony Is
required upon a motion; but, IN cases or
imprisonment, the court may In its dis"
erection require the custodian OF such wit.
ness to produce such witness, instead OF
permitting o deposition TO be taken and
such custodian shall obey the courts pre-
cept In that regard. Every application for
leave TO take q deposition shall be based
upon an affidavit which shall name the place
and the witness or witnesses, shall give
the reason or reasons for the application
and shall state In substance what the ap-
Dlicant expects said witness or such wit
nesses TO depose. If the adverse party will
admit such statement as the deposition OF
such witness or witnesses, no leave to take
such deposition shall be granted. II leave
be given to take a deposition, the court
the Code OF Civil Procedure, or may appoint
an examiner to take IL, or may require II
to be taken upon written interrogatories
and cross-interr0gatories to be fled and
approved and under commission to a per-
son at or near the locality where the dep
Ositlon Is to be taken, In accordance with
the rules Of the court in that regard.
Sec. 90 The complainant upon whose ap-
plication to the State Solicitor, or to the
court an information is filed, shall be priv
ileged to employ counsel to assist in the
proceedings on behalf OF the State; and
such counsel shall be recognized and treat
ed by the State Solicitor and by the court
as counsel for the State, equally with the
State Solicitor.
Sec. 21 Any person, corporation, county,
city, or township interested in the result
OF any Information or complaint as to the
reasonableness Of transportation charges
or any other controversy in said court,
shall on application be made q party to
the proceeding.
Sec. o. Any aggrieVed person., corporate,
quasi corporate, or otherwise, although not
9 party to the suit, shall have the right
to enter appearance therein, as relator,
at any time, and, on showing the court
that It's decree is being violated, secure
enforcement thereof.
Sec. %. The provisions Of the Code OF
Civil Procedure as to the admission, In
spectlon, production and proof Of docu-
ments shall apply to said Court Of Vista
tion
Sec "a. IT, upon the hearing or an In
formation alleging the unreasOnableness OF
any railroad company's rate for the trans
portation Of any article or schedule Of
articles between given points on its
line within the State, the court shall deem
1t probably unjust that such rate or sched-
ule alone should be changed without chang
ing or revising the entire schedule as to
such articles over the entire line Of such
company, the court may order the tnfor-
nation 20 be amended so as to bring such
N.ala Nlsewaa
and shall order the said company to an.
swer such amended information, and shall
as soon as may be proceed thereon, saving
all testimony already taken or adduced.
Sec. 25 When the court proceeds for
the first time to determine what Is q rea-
sonable charge for the given service un.
der consideration, the burden of proof shall
rest on the railroad company to show what
Is reasonable charge On all subsequent
proceedings to change or modify any
charge. the burden Of proof shall rest on
the party moving to change or modify to
show that the charge allowed by the prior
decree of the court is unreasonable.
Sec. 26 No schedule OF rates, special con-
tract or agreement, promulgated or en-
tered into by any railroad company, shall
be receivable In evidence on behalf Of such
company as proof tending to show what
Is reasonable charge for any services
Nor shall the fact that any railroad com.
pany has been accustomed to demand or
receive any given rate OF compensation for
any service be received as evidence Of the
reasonableness Of such charge or Of the
right of the company to demand IL.
Sec. q. In any case in which q defend
ant duly served with O. citation shall fail
to answer the information, the court shall
proceed to enter such decree as the aver
ments OF the information warrant or may
proceed TO take proof and enter decree
thereon.
Sec. 28. Upon the conclusion OF every trial
the court shall without unnecessary delay
proceed to enter such decree as the plead
fngs and proofs warrant. After the trial
OF any action involving the reasonableness
of a general schedule Of freight charges
on any line OF road, the court shall tind
specially such facts as 1t deems most ma
terial. 1t may find the value Of the line
Of road and Of all property used in connec-
ton herewith either separately or in
gross the actual cost thereof, the amount of
the capital stock, bonded and other indebt-
edness of the company, what, II any, part
thereof Is fictitious or fraudulent, the av-
erage yearly revenues OF the company
and the sources from which they are
derived, whether It's revenues will probably
increase or diminish, the average expenses
Of operation and maintenance and the pur-
poses to which they are devoted, what, II