The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1913-03-06

power to establish and substitute therefor
such other regulations, measurements
practice, service or acts, and to make sucn
order respecting and such changes III sueh
regulations, measurements, practice ser
vice and acts as shall be just and reason
able.
Section As. Every public utility to which
such order applies shall make such changes
in it's schedules on file as may be necessary
to make the same conform to said order,
and change thereafter shall be mace
by any public utility in any such rates,
tolls or charges or in any joint rate or
rates without the approval OF the commls-
sion. Copies of all orders of the commis-
sion, certified by the clerk. shall be deliv-
cred to the public utility affected thereby
and the same shall take effect within sucn
time thereafter as the commission shall
prescribe.
Section &c. Whenever the commission be
lieves that any rate or charge is unjust or
unreasonable or that any service is made
quate or cannot be obtained or that an in
vestigation of any matter relating to any
public utility should for any reason be
made, it may on its own motion. sum
out notice. If after making such sum
mary investigation the commission be-
comes satisfied that sufficient grounds exist
to warrant formal public hearing being
ordered as to matters so Investigated. 1t
Shall furnish such public utility interested
written statement giving notlce OF the
matter under investigation. Ten days after
such notice has been given the commission
may proceed to set a time and place 1or
a formal public hearing as hereinoefore
provided.
OF such hearing shall be given to the pub
lie utility and to such interested persons
as the commission shall deem proper as
provided in section forty-three OF TINS act;
and thereafter proceedings shall be had
and conducted in reference to the matter
Investigated in like manner as though COM
PLANT had Ssso and T like t orde mays oe
made in reference thereto as II such In
vestigation had been made on compliant
Section As. ANY public utility may make
complaint as to any matter affecting It's
own product. service or charges with like
effect as though made by any ten persons,
firms, corporations or associations
Section 40. Each of the conmissi oners
for the purposes mentioned in this act
shall have power to administer oaths. GER
tify to official acts, issue subpoenas, COM
production of books. accounts papers, doc
uments and testimony, to punish by me
and Imprisonment for contempt and to Is
sue all processes necessary to the per
Section So Each witness who shall APP
pear before the commission by Its order.
shall receive for his attendance the ieeS
and mileage provided for witnesses In ciVii
cases in the supreme judicial court which
shall be audited and paid by the state IN
the same manner as other state expenses
are audited and paid upon the presenta-
ton of proper vouchers approved by the
commission.
Section 81. The comm ssion or any party
may in any formal public hearing t use tn ne
outside the state; such deposltons TO Dc
taken in the manner prescribed by law Ior
taking dispositions in civil actions IN 'ne
supreme judicial court.
Section 81. A full and complete record
shall be kept of all proceedings had before
the commission ard of any investigation or
formal public hearing and all testlmQny
shall be taken by a stenographer to be ap-
pointed by the commission
Section So Questions of law may be
raised by alleging exceptions to the ruuns
of the commission on an agreed statement
OF facts or on facts found by the conmis-
sion, and such exceptions shall be allo"e9
by the chairman of the COMMISSION any
certified by the clerk thereof to the chieI
justice of the supreme judicial court WIN
the arguments of counsel. II any have been
received by him, within sixty days aIIer
such exceptions have been allowed. Inc
party raising such questions SHALL within
thirty days thereafter, deliver copy OF
his argument to the opposing counsei. VINO
shall within twenty days after receiving
the counsel for the moving party, wh 'o
shall in turn make reply thereto wllnln
ten days thereafter, and deliver SAID argu-
ments to the clerk Of the commission to De
forwa rded with the exceptions to the cn1ei
justice, And such questions OF law snail De
considered and decided by the law court as
soon as may be; or II the parties so agree
OF record, such questions shall be certified
TO the next term Of the law court to be en-,
tered on the docket thereof and argued
and determined according to the rules OF
procedure in said court. The result in either
case shall be certified by the clerk OF the
law court to the clerk of the commission
the prevailing party to recover costs
Section 81. While questions OF law are
pending on exceptions to ruling OF the
commission, as provided in section fmty-
three no injunction shall issue suspenoihs
or staying any order of the commission
and said exceptions shall not excuse any
person or corporation from complying with
and obeying any order or decision, or any
requirement Of any order or decision OF the
commission or operate in any manner 10
stay or postpone the enforcement thereol,
except in such cases and upon such terms
as the commi ssion may order ana direct.
Section So. The commission may at any
time upon notice to the public utility ana
after opportunity to be heard as provided
in section forty-three. rescind, alter or
amend any order fixing any rate or rates,
tolls, charges or schedules or any other
order made by the commission, and cert-
fed copies of the same shall be served
and take effect as herein provided Tor orig
nal orders.
Section 56 In all trials. actions and pro,
ceedlngs arising under the provisions OF
this act or growing out of the exercise OF
the authority and powers granted herein
to the commission, the burden OF proof
shall be upon the party adverse to the
commission or seeking to set aside any de-
termination requirement. direction or or
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