South Tennessee. Vermont. Virginia. "A certified copy of every order of the board of railroad com- "If in any case in which an investigation shall be made by said Orders fixing rates after hearing upon complaint shall be in writing, shall set out specifically the rates which may be charged for the service named therein, including a classification of messages, and the board shall not be limited to the case or cases complained of but the order shall be extended to all rates fairly within the scope of the investigation. Same, § 23. Orders shall be issued in name of board and signed by chairman or secretary, or both. Laws 1913, c. 311. That all decisions, orders and authorizations of the Commission shall be in writing, and shall be filed and kept in the office of the Commission and recorded in a book kept by it for that purpose, and shall be public documents. Said Commission may, at any time, for due cause shown, upon hearing had after due notice to all parties in interest, rescind, reverse, or alter any decision, order, or authorization made by it. Written notice of all orders, decisions, or authorizations issued by said Commission shall be given to the person or company affected thereby, by personal service upon such Company or person or by registered mail, as the Commission shall determine." Acts 1913, c. 32, § 12. Judgments on findings by a single commissioner shall only be rendered by a majority of said commission. Pub. Stats. 1906, § 4596, as am'd 1910, No. 155. General orders shall, so long as in effect, be published in each annual report of commission. Const., § 156 (b); Code 1904, § 1313a (26). "*** If the grievance complained of be established, the State corporation commission, sitting as a court of record, shall have jurisdiction, by injunction, to restrain such public service corporation from continuing the same, and to enjoin obedience to the requirements of this act, and the said commission, *** shall also have jurisdiction, by mandamus, to compel any public service corporation to observe and perform any public duty ***." Code 1904, § 1294b (19). See, also, § 1313a (33). “*** all findings, orders or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the findings, orders or decisions of the commission." Laws 1911, c. 117, § 7. "*** At the conclusion of such hearing the commission shall make and render findings concerning the subject-matter and facts inquired into and enter its order based thereon. A copy of such order, certified under the seal of the commission, shall be served upon the person or corporation complained of, or his or its attorney, which order shall, of its own force, take effect and become operative twenty days after the service thereof, except as otherwise provided. Where an order cannot, in the judgment of the commission, be complied with within twenty days, the commission may prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order. Same, § 81. "Whenever any order of the commission shall require joint action by two or more public service companies, such order shall specify that the same shall be made at their joint cost, and the companies affected shall have thirty days or such further time, as the commission may prescribe, within which to agree upon the part or division of cost which each shall bear, and costs of operation and maintenance in the future, or the proportion of charges or revenue each shall receive from such joint service and the rules to govern future operations. If at the expiration of such time such companies shall fail to file with the commission a statement that an agreement has been made for the division or apportionment of such cost, the division of costs of operation and maintenance to be incurred in the future and the proportion of charges or revenue each shall receive from such joint service and the rules to govern future operations, the commission shall have authority, after further hearing, to enter a supplemental order fixing the proportion of such cost or expense to be borne by each company, and the manner in which the same shall be paid and secured." Same, § 83. "The commission may at any time, upon notice to the public service company affected, and after opportunity to be heard as provided in the case of complaints rescind, alter or amend any order or rule made, issued or promulgated by it, and any order or rule rescinding, altering or amending any prior order or rule shall, when served upon the public service company affected, have the same effect as herein provided for original orders and rules." Same, § 90. Washington. The concurring judgment of three of the commissioners shall be deemed the West action of the commission. Acts 1913, c. 9, § 1. Every order entered by the commission shall continue in force until the expiration of the time, if any, named by the commission in such order, or until revoked or modified by the commission, unless the same be suspended, modified or revoked by order or decree of a court of competent jurisdiction." Same, § 5. Virginia. A provision similar to that in Oregon (§ 39) appears in Stats. 1911, § 1797m-41. Wisconsin. A provision similar to that in Oregon (§ 41) appears in Same, § 1797m-43. (Wis.) District of Alabama. Arizona. California. [Colorado. Connecticut. Idaho. Illinois. Orders affecting rates or service, or requiring payment of costs shall be served by delivering a certified copy to an officer or agent of utility affected, and all such orders shall take effect twenty days after service unless a different time is provided in the order. Same, § 1797m-60. Copies of other orders shall be served in the same manner and take effect at the time specified. Same, § 1797m-61. Any order may be amended after hearing. Same, § 1797m-62. A provision similar to that in Oregon (§ 60) appears in Same, § 1797m-73. The above provisions apply to telephone companies. For provisions relating to orders as to telegraph companies, see Same, § 1797-14. 6. COSTS. If upon investigation rates or service shall be found unjust, unreasonable, discriminatory, etc., the public utility at fault shall pay the expenses incurred by the commission upon such investigation. District Appropriation Act, March 4, 1913, § 8, par. 42. For provision relating to costs upon appeal, see par. 64, quoted on p. 486. The fees of witnesses summoned on behalf of a transportation company shall be paid by such company. Code 1907, § 5675. If the court decides orders of railroad commission unreasonable, costs of court may be taxed, in discretion of court, against state or company. If court finds in favor of railroad commission, costs shall be paid by company. Same, § 5714. The fees of each witness shall be paid by the party summoning such witness. Laws 1912, c. 90, § 55 (a). The fees of each witness shall be paid by the party summoning such witness. Stats. 1911, 1st. ex. sess., c. 14, § 55 (a). The fees and mileage of witnesses shall be paid by party at whose request they are summoned. Laws 1913, c. 127, § 40 (a). (See note p. 3.) Witness fees "together with any other expenses authorized by this act the method of payment of which is not herein otherwise provided, shall, when taxed by the commission, be paid by the state, through the secretary of said commission, in the same manner as court expenses." P. A. 1911, c. 128, § 9. The fees and mileage of witnesses shall be paid by the party at whose request any witness was summoned. Laws 1913, c. 61, § 51 (a). The commission may require that the cost of serving any subpoena, and the fee of the witness, shall be borne by the party at whose instance the witness is summoned. Laws 1913, p. 459,1 § 62. 'Effective January 1, 1914. If upon investigation of a complaint as to rates or service the public utility Indiana. is found to be in fault, the expenses of the investigation shall be collected from such public utility. Acts 1913, c. 76, § 74. Commission authorized to adopt rules to govern the assessment and taxation Kansas. of costs on any complaint provided for in § 33. Laws 1911, c. 238, § 9. The complainant in a proceeding brought to determine the reasonableness of a municipal ordinance or resolution must file a bond to pay the costs of hearing. Same, § 33. [ The prevailing party to an appeal shall recover costs. Laws 1913, c. 129, § 53. Maine. For a provision as to costs of proceedings to secure rights of way from railroads see Rev. Stats. 1903, c. 55, § 24. For provision relating to costs of appraisals in connection with the issue of Michigan. securities, see P. A. 1911, c. 177, am'd'g P. A. 1909, c. 144. (Quoted on p. 320.) Witnesses summoned on behalf of commission shall be paid by state. Wit- Mississippi. nesses summoned for a carrier shall be paid by it. Laws 1908, c. 85, re-enacting Code 1906, § 4889. Cost of service of subpoenas and witness fees shall be borne by the party at Missouri. whose instance the witness is summoned. Laws 1913, p. 556, § 22. Costs of taking depositions and witness fees shall be paid by the party applying New Mexico. therefor at the same rate as prescribed in civil cases. Laws 1912, c. 78, §§ 6, 7. Witness fees and mileage shall be borne by party at whose instance witness New York. is summoned. Laws 1910, c. 480, Pub. Ser. Com. Law, § 19. If upon investigation as to rates or service, a public utility is found to be at Ohio. fault, such public utility shall pay the expenses of the commission incurred therein. All fees, expenses and costs of any hearing or investigation may be imposed upon any party to the record or divided as the commission may determine. Laws 1911, p. 549, § 82 [614-78]. The above provision is continued in force in connection with the public utilities commission. Laws 1913, p. 804, § 20 [499-7]. "*** The fees, expenses, and costs of, or in connection with, any hearing may be imposed by the commission upon any party to the record, or may be divided between any or all parties to the record in such proportions as the commission may determine." Laws 1913, No. 854, Art. VI, § 2. Costs on appeal are in the discretion of the court. Same, § 24. Pennsylvania. If upon a hearing or investigation the public utility be found to be at fault, such utility "shall pay the expenses incurred by the commission upon such investigation either in whole or in part as the commission in its discretion may determine." Laws 1912, c. 795, § 24. 'Effective January 1, 1914. Rhode Vermont. Virginia. Wisconsin. Law as to security for and recovery of costs, in all cases except inquiries into the cause of accidents or investigations regarding public safety or convenience, shall be the same as in the court of chancery. Pub. Stats. 1906, § 4601. Costs to be governed by rules of other courts. Code 1904, § 1313a (31). If investigation shows public utility in fault the costs of investigation shall be paid by the public utility. Stats. 1911, § 1797m-47. Repeated in § 1797m-60. United District of 7. SUMMARY INVESTIGATION COMMISSION TAKING INITIATIVE. “*** and the Interstate Commerce Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made, to or before said commission by any provision of this act, or concerning which any question may arise under any of the provisions of this act, or relating to the enforcement of any of the provisions of this act. And the said commission shall have the same powers and authority to proceed with any inquiry instituted on its own motion as though it had been appealed to by complaint or petition under any of the provisions of this act, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the payment of money. *** § 13, Act to Regulate Commerce, as am'd. "That the commission may at any time, on its own initiative, make a revaluation of the property of any public utility." District Appropriation Act, March 4, 1913, § 8, par. 9. The commission may investigate rates, service, etc., upon its own initiative. Same, par. 38. That whenever the commission shall believe that any rate or charge may be unreasonable or unjustly discriminatory, or that any reasonable service is not supplied, or that an investigation of any matter relating to any public utility should for any reason be made, it may, on its own motion, summarily investigate the same with or without notice." Same, par. 44. "That if after making such investigation the commission becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters so investigated, it shall furnish such public utility interested a statement notifying the public utility of the matters under investigation. Ten days after such notice has been given the commission may proceed to set a time and place for a hearing and an investigation as hereinbefore provided." Same, par. 45. Thereafter notice shall be given as provided in par. 40, and proceedings shall be had in like manner as though complaint had been filed, and the same order or orders may be made. Same, par. 46. |