Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11
CHAPTER 81 --"~-r

An Act to Amend Section FIFTY OF
CHAPTER Fifty.tive Of the Revised
One Hundred and Thirty-one of the
! Public Laws Of Nineteen Hundred
and Seventeen. Authorizing Com
plant by Utility, Against Itself.
ties Commission to Order Refund.
Section fifty Of chapter fifty-fiye OF
the revised statutes as amended by
chapter one hundred and thirty-one
sed tA' s nSi' eS; CT nnsseeP ase
further amended BY Inserting in the
Public Utilities Commission may
ms and and by stirling tS out in
thirty" and inserting in lieu thereof
said seventh line thereof after the
word days" the words after the
state of Maine and by striking out
in said. seventh line thereof the word
thereof the word filed and by strik-
ing out in the eleventh line thereof
in lieu thereof the words two years.
SO that said section, as amended.
shall read as follows:
Sec. so. The Public Utilities Com
mission may institute or 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,
And the commission may authorize
rcparation or adjustment where the
utility admits that a rate charged
was excessive or unreasonable. or
pears that the utility has sub
sequently within ninety days. after
the rendering Of any service within
the. state Of Maine. filed the rate to
which the reduction is authorized in
place Of the rate which is admitted
10 be excessive or unreasonable; pro-
Vided, however. that such new rate
so published shall continue in force
one year unless sooner changed by
commission. Within two years after
the rendering Of any service within
the state of Maine by any public
utility, for which service rate. toll
or charge is made by such utility.
sociation aggrieved may complain to
the commission that the rate. toll or
charge exacted for such service is
unjustly, discriminatory against him.
that charged by the same utility for
the same service, or service Of similar
value and cost. rendered to other
Users USERS or consumers .i;,, thereof: or
out reasonable cause, to make a
more favorable rate. toll or charge
published by it for the same or q
similar service, as aforesaid. APP
or to the class Of users or consumers
to which he or it belongs. or at the
place at which said service Is
rendered. Within six months after an
reparetion or adjustment under the
second sentence Of this section. any
person. firm, corporation or associa-
tion aggrieved may complain to the
to reparation. from the same utility
by reason Of the payment OF the
same rates which said utility admit.
are excessive or unreasonable. OF
collected through error: provided
said utility might lawfully have been
further. such person, firm. corpor-
alton or association shall have made
written request for such utility to
make such reparation or adjustmen nj
not less than thirty days before filing
the aforesaid complaint. Upon re-
ceipt of either of the aforesaid com
such investigation as it deems neces-
sary to determine whether a hearing
Dug ht to. be given thereon. II. may
order a hearing upon such notice to
sonable. If. upon such hearing. the
commission shall decide that the
compiainant> has been injured In
either Of the ways herein mentioned
ought to refund or repay to said com
plainant on account thereof, which
said sum said utility shall have tho
right to refund. If it shall refuse OF
thereby may maintain an action in
the courts Of this state to recover
said amount. and in the trial therec,!
be prima facie evidence Of the truth
Of tho facts found by it. and nc
utility shall he permitted 70 avail
itself of the defense Of such actor
made on the published tariff rate ir
force at the time it was rendered.; but
no utility making refund upon the
order of the commission or pursuant
provided. shall be liable for any pen.
atty or forfeiture. or subject to any
prosecution under the laws Of this
state on account Of making such
refund.'-App. Mar. 8.
CHAPTER 81
An Act to Amend Section Twenty six
OF Chapter Two Hundred and Nine
teen of the Public Laws of Nineteer
Hundred and Seventeen, as Amend:
Forty-fcur of the Public Laws Of
Nineteen Hundred and Seventeen
and Chapter One Hundred ant
Ninety-six Of the Public Laws o.
and Chapter Two Hundred ane
Eighteen Of the Public Laws OF
Nineteen Hundred and Twenty-one
Relating to the Taking OF Smells
Section twenty-six of chapter two
hundred and nineteen of the public
laws OF nineteen hundred and seven
teen. as amended by chapte,
'%s pn %Snefe laws an Of nineteeS hum
dred and seventeen. and chapter
one hundred and ninety-six. Of tn.
public laws Of nineteen hundred and
and eighteen Of the public laws O
nineteen hundred and twenty-one: Il
hereby amended by inserting after
the word same" in the eleventh linz
OF said section. the words sex. ,sexcep
length taken with dip nets in thu
tributaries to Sebago lake may b
sold for consumption as food within
s shs st bs 81 , resd ssd fo iesson
Sec. Is. 1t shall be lawful. how
ever. to take smelts in all the inlant
waters Of the state above tide waters
~,n dip net n in tn the cs Usual tham
through the ice in the day time will
single hook and line at any. time IL
waters open to ice fishing. but the!
snali not be taken Tor sale or Soi{
at any time except for bait for fish
ing in this state: provided. however
that it shall be lawful to take smelts
day time. in Sebago lake for sal,
within or without the state. durin,
January. February and March Of eacl
year. but they shall not be takel
with a dip net in the tributaries t,
Sebago lake except for consumptio,
as food in the family OF the perso,
taking the same. except smelts no
exceeding six inches in length takel