Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22
70. 149, S. Published May 20, 19


CHAPTER 331, LAWS OF 1913.
AN ACT-To amend section 1797-16 of
the statutes, relating to appeals from
decisions of the railroad commission.
The people of the State of Wisconsin,
represented in Senate and Assembly
do enact as follows:
Section i. Section 1915 Of the
statutes is amended to read: Section
1915. Any railroad or other party
in interest being dissatisfied with any
order of the commission fixing any rate or
rates. fares, charges, classifications, joint
rate or rates, or any order fixing any
regulations, practices or, service, may
commence an action in the circuit court
against the commission as defendant to
vacate and set aside any such order on
the ground that the rate or rates, fares,
charges classfications, joint rate or
rates, fixed in such order, is unlawful,
or that any such regulation, practice or
service, fixed in such order, is unreas-
enable, in which action the complaint
shall be served with the summons. The
commission shall serve and file it's an
swer to said complaint within ten days
after the service thereof, whereupon
said action shall be at issue and stand
ready for trial upon ten days notice by
either party. All actions brought under
this section shall be commenced within
ninety days after the rendition of such
order and shall have precedence over any
civil cause of different nature pending
in said court, and the circuit court shall
always be deemed open for the trial
thereof and the same shall be tried and
determined as other civil actions.
(a) No injunction shall issue suspend
ing or staying any order of the commits
sion, except upon application to the cir
cult court or presiding judge thereof,
notice to the commission and any party
interpleaded, and hearing; and no in
junction shall issue in any proceeding,
have the effect of delaying or preventing
any order of the commission from be-
coming effective, unless the parties to the
proceeding before the commission in
parties to such proceeding, action or
suit i'll such court or shall have been
brought in and made parties in such
manner as the court, or the presiding
judge thereof, shall by order direct.
(am) No injunction shall issue sus-
pending or staying any order of the COM
mission or having the effect of delaying
or preventing any order Of the commits
sion from becoming effective, unless an
undertaking shall be entered into on the
part Of the plaintiff, by at least two sure
ties, In such sum as the court or the
presiding judge thereof shall direct to
the effect that the plaintiff will pay all
damages which the opposite party may
have sustained by the delay Of prevention
of the order of the commission from be-
coming effective, and to such further eff
feet as such judge or court shall in dis
erection direct, and no order or judgment
in any such proceeding, action or suit
shall be stayed on appeal therefrom I'M
less a like undertaking be entered into
by the appellant in addition to the I'M
dertaking provided in section 1882
(b) If, upon the trial of such action,
evidence shall be introduced by the plain
tiff which is found by the court to be
| different from that offered upon the hear
ing before the commission, or additional
thereto the court before proceeding to
render judgment, unless 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
transmission. Upon the receipt of such
evidence the commission shall consider
the same, and may alter, modify, amend
or TeScind H., order relating tC such rate
or rates, far es charges, classification.
joint rate or rates, regulation, practice or
service complained of in said action, and
shall report it's action thereon to said
court within ten days from the receipt OF
! such evidence.
Co If the commission shall rescind its
! order complained of, the action shall be
dismissed; if it shall alter, modify OF
amend the same, such altered, modified
or amended order shall take the place OF
the original order complained of, and
judgment shall be rendered thereon, as
| though made by the commission in the
!! first instance. If the original order shall
not be rescinded or changed by the COM
! mission, Judgment shall be rendered upon
such original order.
Cd Either party to said action, with
in sixty days after service of a 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 SUI
| preme court, be Immediately placed or
! the state calendar of the then pending
term, and shall be signed and brought tc
/ hearing in the same manner as other
| causes on the state calendar.
| (e) In all trials under this section the
burden of proof shall be uopn the plain
tiff to show by clear and satisfactory
evidence that the order of the commits.
sion complained Of is unlawful, or un-
reasonable, as the case may be, and al
actions brought under the provisions o.
the foregoing section shall be commenced
! in the circuit court for Dane county
/ () Any person not a party to the ac
| ton, but having an interest in the sub
! ject thereof, may apply to the court tt
/ be made a party and thereupon the cour
! shall order him to be brought in by tht
proper amendment.
Approved May &C. 1913 Copy Law
| No. 154, 81 Published May 20, 1913
CHAPTER Jaws OF 1919