Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

80, 1888, to carry out the provisions
Of this Act. If the amounts herein
appropriated are insufficient to pay
the aid authorized hereby in full,
the State Auditor shall apportion
the amount available in proportion
to the amounts to which such school
districts are entitled as shown by
such certificates.
Approved April "a, 1887.
CHAPTER 426-S. F. No. 8
A BILL
FOR AN ACT relating to valua-
ton Of telephone companies and
providing penalty for the vio-
lati0n of this Act.
Be it enacted by the Legislature of
the State Of Minnesota:
Section /. In any investigation,
action or proceeding arising under,
or growing out of, an action initi-
ated by the Commission upon its
own motion, the burden Of proof
shall be upon the telephone COM
pany to establish the reasonable
ness Of the existing rates.
Section 2. (a) Whenever the
Commission, in any rate proceed
ing initiated in the manner pro-
vided in Section l., shall deem It
necessary to ascertain and deter
mine the value Of any telephone
property for rate making purposes,
the telephone company whose prop
critics are involved shall pay the
reasonable expenses attributable
thereto. In the order fixing the
rates upon the valuation thus
found the Commission shall state
the amount Of such cost as
sessed against the telephone
company, the details OF which
shall be made available to
the company upon request, where
upon the company shall with
in 80 days deposit with the State
Treasurer who shall enter the
monies so received on the books in
his office as special fund to be
known as the Minnesota Telephone
Rate Investigation Fund and such
funds shall by said treasurer be
kept separate from all other state
funds. The Railroad and Ware
house Commission when in need Of
funds to carry on the rate in
vestigation shall make application
to the State Auditor, specifying in
detail what the funds are to be
used for, who shall thereupon draw
his warrant on the State Treasury
for the amount required by the
Railroad and Warehouse Commits
sion to make such investigation.
Such expense so assessed against
any telephone company shall be
allowed and considered by the
Commission as part Of the operat-
ing expense of said company in fix
ing any rates for said company,
and the expenses so assessed shall
in no case exceed 10 Of the gross
operating exchange revenues, in the
last preceding calendar year de-
rived from the particular exchange
or exchanges, the rates of which
are under investigation; or, in case
Of toll properties, of the gross in
trastate toll operating revenues for
such period.
CD Amounts assessed against any
telephone company in Section 2
that are not paid within 80 days
after the mailing of a registered
letter notifying the telephone COM
pany Of the amount assess d
against it, shall Craw interest at
the rate Of go per annum, and
upon failure to pay the same, the
attorney general shall proceed by
action in the name of. the State,
against such telephone company to
collect the amount due, together
with interest and costs Of the suit.
In such action the defendant shall
be entitled to raise every relevant
issue of law and fact, but the Com
missions findings Of fact made
pursuant to this Act shall be prima
facie evidence Of the facts therein
stated.
Section 8. Every telephone COM
pany subject to the provisions Of
this Act shall make such reports to
the Commission as it shall from
time to time require, including such
data and such detail as the Com
mission may determine necessary
to permit the Commission to keep
informed as to additions, removals
and changes in the property of
such company used, or useful, in
rendering telephone service, and
the cost thereof.
Section 4. In future rate case
proceedings, the value Of any speci-
fic additions or betterments then
existing in the physical property
placed after the passage of this
Act, exceeding 100000 in cost,
and not approved by the Commits
sion, shall be excluded from the
rate base value unless the tele-
phone company can show at the
time OF such investment that such
additions or betterments were then
provident and in the public in
tereSt.
Section S. The provisions Of this
Act shall apply only to telephone
exchanges rendering service in
cities Of the first and second class
and to toll properties of telephone
companies operating toll lines in
more than four counties Of the
state.
Section 6. If any part, or parts,
Of the foregoing sections or sub
divisions Of this Act, or the appli-
cation thereof to any persons or
circumstances be held invalid, no
other section, subdivision, clause,
sentence, or provision Of this Act
shall be affected thereby.
Section Z. This act shall take
effect and be in force from and
otter Gre naSSoOe