The labor world., 1921-01-29


according to the terms and conditions
fixed and determined by the COM
mission subject to appeal to the dis
tr1ct court as herein provided. Moth
ing herein contained shall affect the
right of any city to acquire the prop
erty OF any street railway company
by right of eminent domain or pur-
chase as now provided by law.
Section 10. Any street railway at
the time operating under any exist
ing license, permit or franchise, or
which may hereafter acquire any such
license, permit or franchise, shall
upon filing at any time prior to the
expiration thereof with the clerk of
the city where such license, permit or
franchise was granted, and with the
commission, written declaration
duly executed, that it surrenders such
license, permit or franchise, and also
filing with the commission the GER
tlflcate OF the clerk Of the city show
ing the fact, shall thereupon receive
in lieu OF such license, permit or fran
ch1se, an indeterminete permit from
the state to operate within the terri
tory in which it had operated it's plant
under its heretofore existing license,
permit or franchise; subject to the
right to purchase by the city or the
state as provided by this Act.
Such indeterminate permit shall be
evidenced by. a certificate under the
hand and seal Of the commission that
such street railway is on and after
the date therein specified, the holder
of such indeterminate permit which
certificate shall be presumptive evi-
dence of the facts therein stated. A
copy of the indeterminate permit duly
certified by the commission shall be
filed with the secretary Of the State
Of Minnesota.
Section II. No license, permit or
franchise to operate a street railway
in a1-y city, where a street railway is
then operating. shall be granted by
the council Of any such city unless a
certificate Of convenience and neces-
'sity Is first obtained from the COM
mission after a hearing held thereon.
Section IL. The council of any
city through or in which street rail-
way is operated may make complaint
to the commission for any failure of
such street railway to furnish reason
able and adequate service or for fail
ures to obey it's reasonable order or
requirement. and any street railway
may appeal to the commission from
any order or requirement of any city
which it considers unjust, unfair or
unreasonable, and in like manner the
council Of any city through or in
which a street railway is now or may
hereafter be operated with through
connections with the street railway in
any other city in this state, may make
complaint or appeal to the commits
sion from or on account of any order
or requirement of such other city
which it deems discriminatory or in
any manner unjust, prejudicial or un-
reasonable, and the complaint Of such
city shall be heard and disposed of
by the commission as provided in this
Act. Any orders. motions, resolu-
tions, ordinances or proceedings ap-
pealed from or complained of by a
street railway shall be enforced until
the decision Of the commission
thereon unless stayed by the commits
sion pending such appeal.
Section 13. Upon any appeal or
complaint being made to the COM
mission by any city or in case Of an
appeal being made to the commission
by any street railway as provided by
this Act, the party making such COM
plant or taking such appeal shall be
designated as the complainant and the
party resisting such complaint or ap-
peal shall be designated as the re-
spondent, and every complaint or ap-
peal shall be deemed an original pro-
ceeding before the commission, and
the complainant in such proceeding
shall be required to file his or it's
complaint and the respondent to file
his or it's answer therein as provided
in Chapter % of General Statutes Of
Minnesota, 1913. A full and complete
record shall be kept by the commits
sion, of all proceedings had before it
upon any formal Investigation or
hearing, and all testimony received or
offered shall be taken down by the
stenographer appointed by the COM
mission and a transcribed copy Of
such record shall be furnished to any