porting to be taken and transcribed shall be received in evidence with the same effect as if such stenographer were present and testified to the facts so certified. A copy of such transcript shall be furnished upon demand free of cost to any party to such investigations and to all other persons on payment of a reasonable amount therefor. Pub. Acts 1909, no. 300, sec. 23(d).

Upon application of any person, commission shall furnish certified copies under the seal of commission and signed by com3890 mission or its secretary of any order made by him which shall be prima facie evidence in any court or proceedings of the facts stated therein. Same, sec. 27(c).

MINNESOTA

In any action or proceeding brought to enforce any order of commission or when such order is brought in ques3891 tion in any of the courts in the state it shall be prima facie evidence of the facts therein stated. Rev. Laws 1905, sec. 1989. See also par. 3966.

NEW HAMPSHIRE All copies of official documents and orders filed or deposited with commission or made by commission, cer3892 tified by any member of commission and authenticated by said seal, shall be received in evidence in any court in like manner as originals. Laws 1911, ch. 164, sec. 2(j).

NEW JERSEY

Substantially identical with par. 3881. Laws

3893 1911, ch. 195, sec. 30.

NEW MEXICO

Where relevant and material matter offered in evidence is embraced in a report, tariff, rate sheet, classification, book, pamphlet or other written or printed statement or document of any kind containing other matter not material or relevant, and not intended to be put in evidence, such report, tariff, rate sheet, classification, book, pamphlet, or other written or 3894 printed statement or document need not be received or filed with commission, but counsel or party offering the same shall also present in convenient form for filing a copy of such material and relevant matter, which copy shall be received and filed as evidence and made a part of the records; or whenever practicable such matter may be read and taken down by the stenographer and thus made a part of the record. Laws 1912, ch. 78, sec. 8.

NEW YORK

3895 sec. 17.

Identical with par. 3881. Laws 1910, ch. 480,

See also par. 2655.

NORTH DAKOTA

OHIO

See pars. 3813, 3993.

Substantially identical with pars. 3889, 3890.

3896 Code 1910, secs. 534, 554. Laws 1911, no. 325, sec. 80. See also par. 3867.

OREGON A transcribed copy of the evidence and proceedings or any specific part thereof on any investigation taken by the stenographer appointed by commission, being certified by such stenographer to be a true and correct transcript in long hand of all the testimony on the investigation or of a particular witness or of other specific parts thereof, carefully compared by 3897 him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and transcribed, shall be received in evidence with the same effect as if said evidence had been given and said proceedings had upon the trial in which said transcript or any part thereof is offered. A copy of such transcript shall be furnished on demand free of cost to any party to such investigation.1 Gen. Laws 1907, ch. 53, sec. 29. Gen. Laws 1911, ch. 279, sec. 50.

Upon application of any person commission shall furnish 3898 certified copies under seal of commission of any order made by it which shall be prima facie evidence of the facts stated therein. Gen. Laws 1907, ch. 53, sec. 38. Gen. Laws 1911, ch. 279, sec. 60. See also par. 2663.

RHODE ISLAND

SOUTH DAKOTA

See par. 2666.

In any action or proceeding wherein any order of commission shall in anywise come in question, the validity of such order shall be presumed, and it shall not be necessary to 3899 allege or prove any fact upon which the validity of such order

depends, but the burden shall be upon the party claiming such order to be invalid to plead and prove the facts establishing such invalidity. Sess. Laws 1907, ch. 207, sec. I.

TEXAS

See also pars. 3824, 4010.

Upon application of any person commission shall furnish certified copies of any classification, rates, rules, regulations or orders and such certified copies, or printed copies 3900 published by authority of commission, shall be admissible in

The last sentence of this paragraph appears only in the 1907 act.

evidence in any suit and sufficient to establish the fact that any charge, rate, rule, order or classification therein contained and which may be in issue in the trial is the official act of commission. Sayles' Civ. Stats. 1897, art. 4578.

WISCONSIN

Substantially identical with pars. 3897, 3898.

3901 Laws 1905, ch. 362, secs. 1797-13(c), 1797-17(b). Laws 1907, ch. 499, secs. 1797m-58, 1797m-59, 1797m-73.

F. EFFECT OF TECHNICAL OMISSIONS ON VALIDITY OF ACTS OF COMMISSION.

INDIANA A substantial compliance with the requirements of this act shall be sufficient to give effect to all the class3902 ifications, rates, charges, rules, regulations, requirements and orders made and established by commission, and none of them shall be declared inoperative for any omission of a technical matter in the performance of such acts. Acts 1907, ch. 241, sec. 16. KANSAS A substantial compliance with the requirements of this act shall be sufficient to give effect to all determi3903 nations and orders made and established by commission. Gen. Stats. 1909, sec. 7176.

MARYLAND

A substantial compliance with the requirements of this act shall be sufficient to give effect to all rules, 3904 orders, acts and regulations of commission, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. Laws 1910, ch. 180, sec. 49. See also par. 3735.

MICHIGAN, NEVADA

3905

Identical with par. 3904.

Mich.-Pub. Acts

1909, no. 300, sec. 45; Nev.-Stats. 1907, ch. 44, sec. 33.

OREGON

OHIO A substantial compliance by commission with the requirements of this chapter shall be sufficient to give effect to all its rules, orders, acts and regulations, and they shall not be 3906 declared inoperative, illegal or void for an omission of a technical nature in respect thereto. Nothing in this chapter shall be construed as affecting, modifying or repealing any law fixing the rate which a company operating a railroad may demand and receive for the transportation of passengers. Code 1910, sec. 581. A substantial compliance with the requirements of this act shall be sufficient to give effect to all the rules, orders, acts and regulations of commission, and they shall not be declared inoperative, illegal or void for any omission of a tech3907 nical nature in respect thereto. The provisions of this act shall be liberally construed with a view to the public welfare, efficient (transportation) facilities and substantial justice between shippers (patrons) and passengers and railroads (public utilities). Gen. Laws 1907, ch. 53, sec. 59. Gen. Laws 1911, ch. 279, sec. 75. RHODE ISLAND Identical with par. 3904. Acts 1912, ch. 795,

3908 sec. 58.

TEXAS

See also par. 3776.

A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all classifications, rates, charges, rules, regulations, requirements 3909 and orders made and established by commission, and none of them shall be declared inoperative for any omission of a technical matter in the performance of such act. Sayles' Civ. Stats. 1897, art. 4578.

WISCONSIN

Identical with par. 3904. Laws 1905, ch. 362,

3910 sec. 1797-33. Laws 1907, ch. 499, sec. 1797m-103.

CHAPTER XV

Enforcement

SCOPE NOTE

This chapter includes grants of power authorizing commissions to invoke judicial process for the enforcement of their orders and prescribing penalties for the violation thereof, and such provisions as indicate the degree of validity to be attached to orders of commissions and as prescribe the procedure and legal effect of review of such orders by judicial tribunals. Provisions involving special enforcement machinery incident to the exercise by commissions of particular powers have been excluded. For provisions indicating the validity of valuations of utility property made by commissions, see ch. iii, on basis of rate making. For provisions indicating the validity of rates prescribed by commissions, see ch. iv, on establishment and change of rates. For capitalization provisions containing penalties, see ch. xii, on stock and bond issues. For rate provisions containing penalties, see ch. iii, on basis of rate making, ch. iv, on establishment and change of rates, ch. v, on publicity of rates, and ch. vi, on discrimination in rates and service. For service and safety provisions containing penalties, see ch. vii, on service, and ch. viii, on safety of operation. For account and report provisions containing penalties, see ch. ix, on accounts, and ch. x, on reports. For general procedure provisions containing penalties, see ch. xiv, on commission procedure and practice. For general statement of scope and method, see introduction.