Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1907-08-08

of this act, the commission shall find any
existing rates, tolls, charges schedules or
joint rate rates to be unjust, unreason-
able, insufficient unjustly discriminatory
or to be preferential or otherwise in viola
tion of any of the provisions of this act,
the commission shall determine and by
order fix reasonable rates, tolls, charges,
schedules or joint rates to be imposed, OBJ
served and followed in the future in lieu
of those found to be unjust, unreasonable,
insufficient or unjustly discriminatory or
preferential Or otherwise in violation or
any of the provisions OF this act.
2, Whenever. upon an Investigation made
under the provisions of this act, the COM
mission shall find any regulations, measure
ments. practices, acts or service to be un-
just, unreasonable, insufficient, preferential,
unjustly discriminatory or otherwise IN
violation of any of the provisions of this
act; or shall find that any service is in
adequate that any service which can be
reasonably demanded cannot be obtained,
the commission shall determine and declare
and by order fix reasonable measurements,
regulations acts. practices or service to be
furnished, imposed, observed and followed
in the future in lieu of those found to be
unjust unreasonable. insufficient, preferen-
tial unjustly discriminatory, inadequate or
otherwise in violation of this act, as the
case may be, and shall make such other
order respecting such measurement, regula-
ton, act, practice or service as snail be just
and reasonable.
g. Whenever, upon an investigation made
under the provisions of this act, the COM
mission shall find that any rate, toll, charge,
schedule or joint rate or rates is UNJUST,
unreasonable insufficient or, unJuStly dis
criminatory or preferential or otherwise IN
violation of any Of the provisions OF TINS
act, or that any measurement, regulation,
practice, act or service complained or is
unjust unreasonable, insufficient preferen-
tiaI unjustly discriminatory or otherwise In
violation of any of the provisions or this
act, or it shall find that any service is In
adequate or that any service which can
reasonably be demanded cannot be obtained,
the commission shall ascertain and declare
and by order fix the expenses incurred by
the commission upon such investigation anc
shall by such order direct such pubic utli-
ity to pay to the state treasurer Within
twenty days thereafter such expenses SO
incurred
A. The commission shall cause a certified
copy of all such orders to be delivered TO
an officer or agent of the public utility
affected thereby, and all such orders shall
of their own force take effect and become
operative twenty days after service there
Of, unless a different time be provided by
said order.
Section 17o7m-61. All public utilities
to which the order applies shall make such
changes in their schedules on file as may
be necessary to make the same conform to
said order, and no change shall thereafter
rates, tolls or charges, or in any joint
rate or rates, without the approval of the
commission. Certified copies of all other
orders of the commission shall be delivered
to the public utility affected thereby in like
manner and the same shall take effect with
in such time thereafter as the commission
shall prescribe.
Section 1797m-62 The commission may
at any time, upon notice to the pubic
utility and after opportunity to be heard
as provided In section 1797m-45, resclnd,
alter or amend any order fixing any rate
or rates, tolls charges or schedules, or any
other order made by the commission, and
certified copies of the same shall be served
and take effect as herein provided for orI-
Section 17o7m-63. All rates, tolls,
charges, schedules and joint rates fixed by
be prima facie lawful, and all regulations,
practices and services prescribed by the
Commission shall be in force and shall be
prima facie reasonable until finally found
otherwise in an action brought for that
purpose pursuant to the provisions or sec
tion 179Tm-64
Section 1797m-64. 1. Any public ut1l-
ity and any person or corporation in in.
terest being dissatisfied with any order OF
the commission fixing any rate or rates,
tolls, charges, schedules, joint rate or rates
any order fixing any regulations, prac-
tees. act or service, may commence an &C.
ton in the circuit court for Dane county
against the commission as defendant to
vacate and set aside any such order on the
ground that the rate or rates, tolls, charges,
schedules. joint rate or rates. fixed In such
order Is unlawful, or that any such regula-
ton, practice, act or service fixed In such
order is unreasonable, in which action the
complaint shall be served with the sum-
mons.
q The answer of the commission to the
complaint shall be served and filed within
ten days after service of the complaint,
whereupon said action shall be at issue and
stand ready for trial upon ten days notice
to either party.
6. All such actions shall have precedence
over any civil cause Of different nature
pending in such court, and the circuit court
shall always be deemed open for the trial
thereof, and the same shall be tried and de-
termined as other civil actions.
Section 1797m-65 Every proceeding,
action or suit to set aside, vacate or amend
any determination or order of the commits
sion or to enjoin the enforcement thereof or
to prevent In any way such order or de-
be commenced, and every appeal to the
courts or right Of recourse to the courts
shall be taken or exercised within ninety
days after the entry or rendition of such
order or determination, and the right to
commence any such action, proceeding or
suit, or to take or exercise any such appeal
terminate absolutely at the end of such
ninety days after such entry or rendition
thereof
Section 1797m-66 No Injunction shall
issue suspending or staying any order Of
the commission, except upon application to
the circuit court or presiding Judge thereof,
notice to the commission, and hearing;
Section 1797m-67. 1. II, upon the trial
of such action, evidence shah be introduced
by the plaintiff which Is found by the court
to be different from that offered upon the
hearing before the commission or it's author
ICED agent, or additional thereto, the court,
before proceeding to render Judgment I'M
less the parties to such action stipulate in
writing to the contrary, shall transmit a
copy Of such evidence to the commission
and shall stay further proceedings In said
action for fifteen days from the date of such
2 Upon the receipt Of such evidence the
commission shall consider the same and may
alter, modify, amend or rescind its order
relating to such rate or rates, tolls, charges,
schedules, joint rate or rates, regulations,
practice, act or service complained of in
said action, and shall report its action
- ro4G In %a1 dave &c.,
the receipt Of such evidence.
Section 1797m-68. 1. If the commits
sion shall rescind Its order complained of,
the action shall be dismissed; If it shall
alter, modify or amend the same, such
altered, modified or amended order shall
take the place of the original order COM
planned of, and judgment shall be rendered
thereon as though made by the commission
In the first instance.
2 If the original order shall not be
rescinded or changed by the commission
ginal order.
Section 1797m-69. Either party to said
action, within sixty days after service Of
copy Of the order or Judgment of the circuit
court may appeal to the supreme court.
Where an appeal Is taken the cause shall,
on the return Of the papers to the supreme
court be Immediately placed on the state
calendar of the then pending term and shall
be assigned and brought to a hearing IN the
same manner as other causes on the state
calendar.
Section 17a7m-7o. In all trials, actions
and proceedings arising under the provi-
sons Of this act or growing out Of the ex-
ercise of the authority and powers granted
herein to the commission, the burden of
proof shall be upon the party adverse to
such commission or seeking to set aside any
determination, requirement, direction or
order of said commission, to. show by clear
and satisfactory evidence that the deter
mination, requirement, direction or. order
of the commission complained of Is I'M
reasonable or unlawful as the case may be.
Section 1797m-71. In all actions and
nroceedIngs In court arising under this act