The Republican journal., 1913-04-10


that such use will not result in ire
parable injury to the owner or other
users of such coAduits, subways, tracks,
wires, poles, pipes or ether equipment,
service. and that such public utilities
have failed to agree upon such use Or
the terms and conditions or compensa-
ton for the same, the commission may
by order direct that such use be per-
mitted, and prescribe a reasonable COM
pensation and reasonable terms and con-
ditions for the joint use. If such use be
directed. the public utility to whom the
owner or other users, of such conduits,
subways, tracks, wires. poles, pipes or
other equipment for such damage as
may result therefrom to the property of
such owner or other users thereof.
PROCEDURE
Section Al. Upon written complaint
made against any PUBLIC utility by ten
persons, firms, corporations or assoca :
tons aggrieved that any of the rates.
tolls, charges or schedules or any joint
rate or rates of any public utility are in
discriminatory, or that any regulation.
measurement, practice or act of said
public utility is in any respect unreason-
able. insufficient or unjustly discrimina
tory. or that any service is Inadequate
or cannot be obtained. the commission,
being satisfied that the petitioners are
responsible and that a hearing is expe-
dent, shall proceed with or without no.
But no order affecting said rates, tolls,
charges, schedules, regulations. meas
urcments. practices or acts complained
of shall he entered by the commission
without a formal public bearing.
Section A. The commission immediate
ly upon the filing of such complaint shall
notify in writing the public utility com
planned of that a complaint has been
made, and of the nature thereof; and il
at the expiration Of ten days therefrom
such public utility shall not have re-
~ Hat,
satisfaction of the commission, sad
commission shall proceed to set a time
and place for a hearing as hereinafter
provided.
Section 49, The commission shall give
the public utility and the compliments
at least ten DAYS notice of the time and
place when and where such formal pub
lie hearing will be held. Both the pub
lie utility and the compartments shall BE-
entitled to be heard and have process Ia
enforce the attendance of witnesses as
in civil actions in the supreme judicial
court.
Section A. If upon such formal public
hearing the rates. tolls. charges. sched-
uleS or joint rates shall be found to ~
unjust, unreasonable, insufficient OF um-
Justly discriminatory or otherwise IN
violation of the provisions of this act
the commission shall have power to liN
and order substituted therefor such rate
or rates, tolls, charges or schedules a%
shall be Just or reasonable II upon
such public hearing it shall be found
that amy regulation, measurement pfac-
tjce act or service complained of M
Just. unreasonable. Insufficient. on ut-
justly discriminatory or othrrWiS" III
violation of any of the provisions Of this
act or if it be found that any service Is
Inadequate or that any rea%Onahi" ser
vice cannot be obtained, the commission
shall have power to establish and sub
stitute therefor such other regulations
measurements, practice, serVic" or artS
and to make such order respecting ana
such changes III such regulations meas
urcments. practice, service and acts as
shall be Just and reasonable.
Section A.. Every public utility te
which such order applies shalt make
such changes in its schedules ON file as
may be necessary to make the Salnr
conform to said order; and no change
thereafter shall be made by amy public
utility in amy such rates, tolls OF
charges in any Joint rat" or rates
without the approval Of the commission
Copies Of AN orders of the commission
certified by the clerk, shah b" delivered
to the public utility affected Thereby and
the same shall take effect wit hin suci
time thereafter as the commission ShalI
prescribe.
Section &c. Whenever the commits ion
believes That ANY rat" or charG" IS UNI
mst or unreasonable or that amy service
is Inadequate or cannot be obtained "I
that an Investigation of amy matter re-
lating to any public utility should for
any reason be made, il may ON its own
motion. sumnaiiy investigate the same
with or without notice. If after MAKING
such summary investigation the COM
mission becomes satisfied that sufficient
grounds exist to warrant Il formal pub
lie hearing being ordered as to matters
50 Investigated, it shall furnish such
Public utility Interested written state
ment giving notice OF the matter undet
investigation. Ten days after such no
tice has been given the commissions may
proceed to set time and place for q
formal public hearing as hereinbefort
u divided.