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PUBLIC UTILITY ACT 
 
 of the 
 
 STATE OF OREGON 
 
 Compiled and Annotated 
 for 
 
 RAILROAD COMMISSION OF OREGON 
 
 by 
 
 CLYDE B. AITCHISON 
 Chairman 
 
 1912 
 
RAILROAD COMMISSION OF OREGON 
 
 Clyde B. Aitchison, 
 Thomas K. Campbell, 
 Frank J. Miller, 
 
 Commissioners. 
 
 Salem, Oregon, December, 1912. 
 
r 
 
 NOTE. 
 
 The Oregon Public Utilities Act was enacted by the Legis¬ 
 lative Assembly and appears as Chapter 279 of the Laws of 
 
 1911. Prior to the date the same would constitutionally become 
 effective, ninety days after the adjournment of the session 
 of the Legislative Assembly, a referendum petition thereon 
 was filed in the office of the Secretary of State. The Utilities 
 Act was thereby suspended in operation pending the vote of 
 the people thereon. At the general election held November 5, 
 
 1912, the measure was submitted to the people, and was 
 approved by a vote of 65,985 for and 40,956 against. The 
 act thereupon immediately became effective. 
 
 The Oregon act is closely modelled upon a similar statute 
 of the State of Wisconsin (Wise., L. 1907, c. 499; Code 
 §§ 1797m-1 to 1797m-108 inclusive). References have been 
 given to the corresponding sections of the Wisconsin Act. 
 Many provisions are similar to the Oregon Railroad Commis¬ 
 sion Act (L. 1907, c. 53, with its amendments). 
 
 The section numbers here given are those assigned the same 
 sections in the compilation of “Constitutional and Statutory 
 Provisions of the State of Oregon relating to Railroads, Com¬ 
 mon Carriers by Rail, and Public Utilities/’ issued by the Rail¬ 
 road Commission of Oregon in 1911. A table of comparative 
 sections follows: 
 
4 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 Laws of 1911 
 
 Chap. 279, § 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 7 
 
 § 8 
 § 9 
 §10 
 § 11 
 § 12 
 §13 
 § 14 
 § 15 
 § 16 
 § 17 
 § 18 
 § 19 
 § 20 
 § 21 
 §22 
 §23 
 § 24 
 §25 
 §26 
 §27 
 §28 
 § 29 
 § 30 
 §31 
 §32 
 § 33 
 § 34 
 §35 
 §36 
 §37 
 § 38 
 § 39 
 § 40 
 
 Here 
 
 480 
 
 481 
 
 482 
 
 483 
 
 484 
 
 485 
 
 486 
 
 487 
 
 488 
 
 489 
 
 490 
 
 491 
 
 492 
 
 493 
 
 494 
 
 495 
 
 496 
 
 497 
 
 498 
 
 499 
 
 500 
 
 501 
 
 502 
 504 
 
 504 
 
 505 
 
 506 
 
 507 
 
 508 
 
 509 
 
 510 
 
 511 
 
 512 
 
 513 
 
 514 
 
 515 
 
 516 
 
 517 
 
 518 
 
 519 
 
 Laws of 1911 
 
 Chap. 279, 
 
 § 41 
 § 42 
 § 43 
 §44 
 § 45 
 §46 
 §47 
 § 48 
 § 49 
 § 50 
 § 51 
 § 52 
 § 53 
 §54 
 § 55 
 § 56 
 § 57 
 § 58 
 § 59 
 § 60 
 § 61 
 § 62 
 § 63 
 § 64 
 §65 
 §66 
 § 67 
 §68 
 § 69 
 §70 
 §71 
 §72 
 § 73 
 §74 
 §75 
 § 76 
 § 77 
 § 78 
 §79 
 
 Here 
 
 520 
 
 521 
 
 522 
 
 523 
 
 524 
 
 525 
 
 526 
 
 527 
 
 528 
 
 529 
 
 530 
 
 531 
 
 532 
 
 533 
 
 534 
 
 535 
 
 536 
 
 537 
 
 538 
 
 539 
 
 540 
 
 541 
 
 542 
 
 543 
 
 544 
 
 545 
 
 546 
 
 547 
 
 548 
 
 549 
 
 550 
 
 551 
 
 552 
 
 553 
 
 554 
 
 555 
 
 556 
 
 557 
 557a 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 5 
 
 § 480. Term “Public Utility” Defined. 
 
 The term “public utility,” as used herein, shall mean and 
 embrace all corporations, companies, individuals, associations 
 of individuals, their lessees, trustees or receivers (appointed 
 by any court whatsoever), that now or hereafter may own, 
 operate, manage or control, any plant or equipment or part 
 of a plant or equipment in this State for the conveyance of 
 telegraph or telephone messages, with or without wires, or 
 for the transportation of persons or property by street railroad 
 as common carriers, or for the production, transmission, deliv¬ 
 ery or furnishing of heat, light, water or power, and any and 
 all whether either directly or indirectly to or for the public, 
 and whether said plant or equipment or part thereof is wholly 
 within any town or city, or not. 
 
 No plant owned or operated by a municipality shall be 
 deemed a public utility under or for the purposes of this act. 
 [L. 1911, c. 279, p. 483, § 1.] 
 
 Compare Wise., § 1797m-l. (1) 
 
 § 481. Term “Council” Defined. 
 
 The term “council,” as used in this act, shall mean and 
 embrace the common council, city council, commission, or any 
 other governing body of any town, city or other municipal 
 government wherein the property of the public utility or any 
 part thereof is located. [L. 1911, c. 279, p. 483, § 2.] 
 
 Compare Wise., § 1797m-l. (2) 
 
 § 482. Term “Municipality” Defined. 
 
 The term “municipality,” as used in this act, shall mean 
 any town, city or other municipal government wherein prop¬ 
 erty of the public utility or any part thereof is located. 
 [L. 1911, c. 279, p. 484, § 3.] 
 
 Compare Wise., § 1797m-l. (3) 
 
 § 483. Term “Service” Defined. 
 
 The term “service,” is used in this act in its broadest and 
 most inclusive sense, and includes equipment and facilities. 
 [L. 1911, c. 279, p. 484, § 4.] 
 
 Compare Wise., § 1797?n-l. (4) 
 
 § 484. Term “Commission” Defined. 
 
 The term “commission,” as used in this act, shall mean the 
 Railroad Commission of Oregon. [L. 1911, c. 279, p. 484, § 5.] 
 
 Compare Wise., § 1797-m-l. (6) 
 
6 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 § 485. Jurisdiction of Railroad Commission to Supervise and Regu¬ 
 late Public Utilities. 
 
 The Railroad Commission of Oregon is vested with power 
 and jurisdiction to supervise and regulate every public utility 
 in this State, and to do all things necessary and convenient 
 in the exercise of such power and jurisdiction. [L. 1911, 
 c. 279, p. 484, § 6.] 
 
 Compare Wise., § 1797m-2. 
 
 § 486. Adequate Service and Reasonable Rates Required. 
 
 Every public utility is required to furnish adequate and safe 
 service, equipment, and facilities, and the charges made by 
 any public utility for any heat, light, water or power produced, 
 transmitted, delivered or furnished, or for any telegraph or 
 telephone message conveyed, or for any transportation of 
 persons or property by street railroad, or for any service 
 rendered or to be rendered in connection therewith shall be 
 reasonable and just, and every unjust or unreasonable charge 
 for such service is prohibited and declared to be unlawful. 
 [L. 1911, c. 279, p. 484, § 7.] 
 
 Compare Wise., § 1797m-3. 
 
 § 487. Common User of Facilities, Compensation, Procedure and 
 Appeal; Interchange of Business, Traffic or Product. 
 
 Every public utility, and every person, association or cor¬ 
 poration having conduits, subways, street railway tracks, 
 poles or other equipment on, over or under any street or high¬ 
 way shall for a reasonable compensation permit the use of the 
 same by any public utility whenever public convenience or 
 necessity require such use and such use will not result in 
 irreparable injury to the owner or other users of such equip¬ 
 ment nor in any substantial detriment to the service to be 
 rendered by such owners or other users. 
 
 In case of failure to agree upon such use or the conditions 
 or compensation for such use any public utility or any person, 
 association or corporation interested may apply to the Com¬ 
 mission, and if after investigation the Commission shall 
 ascertain that public convenience or necessity require such 
 use and that it would not result in irreparable injury to the 
 owner or other users of such equipment, it shall by order direct 
 that such use be permitted and prescribe reasonable conditions 
 and compensation for such joint use. 
 
 Such use so ordered shall be permitted and such conditions 
 and compensation so prescribed shall be the lawful conditions 
 and compensation to be observed, followed and paid, subject 
 to recourse to the courts upon the complaint of any interested 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 7 
 
 party as provided in sections 54, 55, 56, 57, and 58, inclusive 
 [L. 1911, c. 279, p. 497], and such sections so far as applicable 
 shall apply to any suit arising on such complaint so made. 
 Any such order of the commission may be from time to time 
 revised by the commission upon application of any interested 
 party or upon its own motion. All public utilities shall afford 
 all reasonable facilities and make all necessary regulations for 
 the interchange of business, or traffic carried or their product 
 between them, when ordered by the commission so to do. 
 [L. 1911, c. 279, p. 484, § 8.] 
 
 The sections named are §§ 533-537, post. 
 
 Compare Wise., § 1797m-4. 
 
 § 488. Commission to Value Property of Utilities. 
 
 The commission shall value all the property of every public 
 utility actually used and useful for the convenience of the 
 public. In making such valuation the commission may avail 
 itself of any information in possession of the Board of State 
 Tax Commissioners, or any other State officer or board. 
 [L. 1911, c. 279, p. 485, § 9.] 
 
 Compare Wise., § 1797m-5. 
 
 § 489. Hearing and Determination of Value, Re-Valuation. 
 
 Before final determination of such value the commission 
 shall, after notice to the public utility, hold a public hearing 
 as to such valuation in the manner prescribed for hearing 
 complaints as herein prescribed, and the provisions of this 
 act relative to hearings on complaints on the commission's 
 own motion so far as applicable shall apply to such hearing. 
 The commission shall within five days after such valuation is 
 determined serve a statement thereof upon the public utility 
 interested, and shall file a like statement with the auditor, 
 recorder or clerk of every municipality in which any part of 
 the plant or equipment of such public utility is located. The 
 commission may at any time on its own initiative make a 
 re-valuation of such property, and may make a re-valuation 
 upon the application of any public utility filed not less than 
 six months after the service of such statement. [L. 1911, 
 c. 279, p. 485, § 10.] 
 
 Compare Wise., § 1797m-6, 7. 
 
 § 490. Uniform Accounting by Utility. 
 
 Every public utility shall keep and render to the commission 
 in the manner and form prescribed by the commission uni¬ 
 form accounts of all business transacted. All forms of accounts 
 which may be prescribed by the commission shall conform 
 as nearly as practicable to similar forms prescribed by federal 
 
8 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 authority. Every public utility engaged directly or indirectly 
 in any other business than that of the transportation of per¬ 
 sons or property by street railroads or the production, trans¬ 
 mission or furnishing of heat, light, water or power or the 
 conveyance of telephone messages shall, if required by the 
 commission, keep and render separately to the commission 
 in like manner and form the accounts of all such other busi¬ 
 ness, in which case all the provisions of this act shall apply 
 with like force and effect to the books, accounts, papers and 
 records of such other business. [L. 1911, c. 279, p. 485, § 11.] 
 
 Compare Wise., § 1797m-8. 
 
 § 491. Commission to Prescribe Forms for Accounts and Records; 
 
 Other Books Shall Not Be Kept. 
 
 The commission shall prescribe the forms of all books, 
 accounts, papers and records required to be kept, and every 
 public utility is required to keep and render its books, ac¬ 
 counts, papers and records accurately and faithfully in the 
 manner and form prescribed by the commission and to com¬ 
 ply with all directions of the commission relating to such 
 books, accounts, papers and records. No public utility shall 
 keep any other books, accounts, papers or records of its public 
 utility business transacted than those prescribed or approved 
 by the commission, except such as may be required by the 
 laws of the United States. [L. 1911, c. 279, p. 486, § 12.] 
 
 Compare Wise., § 1797w-9, 11. 
 
 § 492. Commission to Furnish Suitable Blanks. 
 
 The commission shall cause to be prepared suitable blanks 
 for reports for carrying out the purposes of this act, and shall, 
 when necessary, furnish such blanks for reports to each public 
 utility. [L. 1911, c. 279, p. 486, § 13.] 
 
 Compare Wise., § 1797w-10. 
 
 § 493. Office and Records of Utility Maintained in State. 
 
 Each public utility shall have an office in one of the towns 
 or cities in this State in which its property or some part 
 thereof is located, and shall keep in said office all such books, 
 accounts, papers and records as shall be required by the com¬ 
 mission to be kept within the State. No books, accounts, 
 papers or records required by the commission to be kept 
 within the State shall be at any time removed from the State, 
 except upon such conditions, as may be prescribed by the 
 commission. [L. 1911, c. 279, p. 486, § 14.] 
 
 Compare Wise., § 1797m-12. 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 9 
 
 § 494. Annual Balance Sheet, Filing. 
 
 The accounts shall be closed annually on the 30th day of 
 June and a balance sheet of that date promptly taken there¬ 
 from. On or before the first day of August following, such 
 balance sheet, together with such other information as the 
 commission shall prescribe, verified by an officer of the public 
 utility, shall be filed with the commission. [L. 1911, c. 279, 
 p. 486, § 15.] 
 
 Compare Wise., § 1797?n-13. 
 
 § 495. Audit of Accounts; Allocation of Items. 
 
 The commission shall provide for the examination and audit 
 of all accounts, and all items shall be allocated to the accounts 
 in the manner prescribed by the commission. 
 
 The agents, accountants or examiners employed by the 
 commission shall have authority under the direction of the 
 commission to inspect and examine any and all books, 
 accounts, papers, records and memoranda kept by such public 
 utilities. [L. 1911, c. 279, p. 486, § 16.] 
 
 Compare Wise., § 1797?n-I4. 
 
 § 496. Depreciation Accounts; Application of Funds. 
 
 Every public utility shall carry a proper and adequate de¬ 
 preciation account whenever the commission after investiga¬ 
 tion shall determine that such depreciation account can be 
 reasonably required. The commission shall ascertain and 
 determine what are the proper and adequate rates of deprecia¬ 
 tion of the several classes of property of each public utility. 
 The rates shall be such as will provide the amounts required 
 over and above the expenses of maintenance, to keep such 
 property in a state of efficiency corresponding to the progress 
 of the industry. Each public utility shall conform its deprecia¬ 
 tion accounts to such rates so ascertained and determined by 
 the commission. The commission may make changes in such 
 rates of depreciation from time to time as it may find to be 
 necessary. 
 
 The commission shall also prescribe rules, regulations, and 
 forms of accounts regarding such depreciation which the 
 public utility is required to carry into effect. 
 
 The commission shall provide for such depreciation in fixing 
 the rates, tolls and charges to be paid by the public. 
 
 All moneys thus provided for shall be set aside out of the 
 earnings and carried in a depreciation fund. The moneys m 
 this fund may be expended in replacements, new construction, 
 extensions or additions to the property of such public utility, 
 or invested, and if invested the income from the investments 
 
10 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 shall also be carried in the depreciation fund. This fund and 
 the proceeds thereof shall be used for no other purpose than 
 as provided in this section and for depreciation. [L. 1911, 
 c. 279, p. 487, § 17.] 
 
 Compare Wise., § 1797m-15. 
 
 § 497. New Constructions, Accounting. 
 
 The commission shall keep itself informed of all new con¬ 
 struction, extensions and additions to the property of such 
 public utilities, and shall prescribe the necessary forms, regula¬ 
 tions and instructions to the officers and employees of such 
 public utilities for the keeping of construction accounts, which 
 shall clearly distinguish all operating expenses and new con¬ 
 struction. [L. 1911, c. 279, p. 487, § 18.] 
 
 Compare Wise., § 1797m-16. 
 
 § 498. Reports by Utilities; Details. 
 
 Each public utility shall furnish to the commission in such 
 form and at such times as the commission shall require, such 
 accounts, reports, and information as shall show in itemized 
 detail: (1) The depreciation per unit, (2) the salaries and 
 wages separately per unit, (3) legal expenses per unit, (4) 
 taxes and rentals separately per unit, (5) the quantity and 
 value of material used per unit, (6) the receipts from resid¬ 
 uals, by-products, services or other sales separately per unit, 
 (7) the total and net cost per unit, (8) the gross and net 
 profit per unit, (9) the dividends and interest per unit, 
 (10) the surplus or reserve per unit, (11) the prices per unit 
 paid by consumers; and in addition such other items, whether 
 of a nature similar to those hereinbefore enumerated or other¬ 
 wise, as the commission may prescribe in order to show com¬ 
 pletely and in detail the entire operation of the public utility 
 in furnishing the unit of its product or service to the public. 
 [L. 1911, c. 279, p. 487, § 19.] 
 
 Compare Wise., § 1797m-18. 
 
 § 499. Annual Report of Commission. 
 
 The annual report of the commission to the Governor shall 
 show its proceedings under this act, and shall also show the 
 details per unit as provided in section 19 hereof for all the 
 public utilities of each kind in this State, together with such 
 other facts and suggestions relative thereto as the commission 
 shall deem advisable. The commission shall also publish in 
 its annual reports the value of all property actually used and 
 useful for the convenience of the public, of every public utility 
 as to whose rates, charges, service or regulations any hearing 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 11 
 
 has been.held by the commission, or the value of whose prop¬ 
 erty has been ascertained by it as provided in this act. [L. 1911, 
 c. 279, p. 488, § 20.] 
 
 Section 19 mentioned is § 498, ante, of this compilation. 
 
 Compare Wise., § 1797m-19. 
 
 § 500. Units of Product or Service. 
 
 The commission shall ascertain and prescribe for each kind 
 of public utility suitable and convenient standard commercial 
 units of product or service. These shall be lawful units for 
 the purposes of this act. [L. 1911, c. 279, p. 488, § 21.] 
 
 Compare Wise., § 1797?n-22. 
 
 § 501. Standards for Measurement, Accurate Appliances. 
 
 The commission shall ascertain and fix adequate' and service¬ 
 able standards for the measurement of quality, pressure, 
 initial voltage or other conditions pertaining to the supply of 
 the product or service rendered by any public utility and pre¬ 
 scribe reasonable regulations for examination and testing of 
 such product or service and for the measurement thereof. It 
 shall establish reasonable rules, regulations, specifications and 
 standards to secure the accuracy of all meters and appliances 
 for measurements, and every public utility is required to 
 carry into effect all orders issued by the commission relative 
 thereto. [L. 1911, c. 279, p. 488, § 22.] 
 
 Compare Wise., § 1797m-23. 
 
 § 502. Testing of Measuring Appliances, Fees. 
 
 The commission shall provide for the examination and test¬ 
 ing of any and all appliances used for the measuring of any 
 product or service of a public utility, and may provide by rule 
 that no such appliance shall be installed and used for the 
 measuring of any product or service of any public utility 
 until the same has been examined and tested by the commis¬ 
 sion and found to be accurate. The commission shall declare 
 and establish a reasonable fee governing the cost of such 
 examination and test which shall be paid to the commission 
 by the public utility. 
 
 The commission shall declare and establish reasonable fees 
 for the testing of such appliances on the application of the 
 consumer or user, the fee to be paid by the consumer or user 
 at the time of his request, but to be repaid to the consumer 
 or user by the commission and to be paid by the public utility 
 if the appliance be found defective or incorrect to the dis¬ 
 advantage of the consumer or user beyond such reasonable 
 limit as may be prescribed by the commission. All fees col- 
 
12 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 lected under the provisions of this section shall be paid by 
 the commission into the State Treasury. 
 
 The commission may purchase such materials, apparatus 
 and standard measuring instruments for such examination 
 and tests as it may deem necessary. [L. 1911, c. 279, p. 488, 
 §23.] 
 
 Compare Wise., § 1797m-24, 25. 
 
 § 503. Entry Upon Premises for Inspection or Test. 
 
 The commission, its agents, experts, examiners or inspect¬ 
 ors shall have power to enter upon any premises occupied by 
 any public utility for the purpose of making any inspection, 
 examination, or test provided in this act, and to set up and 
 use on such premises any apparatus and appliances and occupy 
 reasonable space therefor. [L. 1911, c. 279, p. 489, § 24.] 
 
 Compare Wise., § 1797w-26. 
 
 § 504. Rate Schedules to Be Filed; Maximum Charges. 
 
 Every public utility shall file with the commission within a 
 time to be fixed by the commission, schedules which shall be 
 open to public inspection, showing all rates, tolls and charges 
 which it has established, and which are in force at the time 
 for any service performed by it within the State, or for any 
 service in connection therewith or performed by any public 
 utility controlled or operated by it. The rates, tolls and 
 charges shown on such schedules shall not exceed the rates, 
 tolls and charges in force January 1, 1911. [L. 1911, c. 279, 
 
 p. 489, § 25.] 
 
 Compare Wise., § 1797m-27. 
 
 § 505. Rules and Regulations and Interstate Schedules to Be Filed. 
 
 Every public utility shall file with and as part of every 
 such schedule all rules and regulations that in any manner 
 affect the rates charged or to be charged for any service. Every 
 public utility shall also file with the commission copies of inter¬ 
 state rate schedules and rules and regulations issued by it or 
 to which it is a party. [L. 1911, c. 279, p. 489, § 26.] 
 
 Compare Wise., § 1797ra-28. 
 
 § 506. Schedules Accessible to Public. 
 
 A copy of so much of said schedules as the commission 
 shall deem necessary for the use of the public shall be printed 
 in plain type and kept on file in every station or office of 
 such public utility where payments are made by the consum¬ 
 ers or users, open to the public, in such form and place as 
 to be readily accessible to the public and as can be conveni¬ 
 ently inspected. | L. 1911, c. 279, p. 489, §27.] 
 
 Compare Wise., § 1797m-29. 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 13 
 
 § 507. Joint Rates, Filing and Publishing Schedules. 
 
 Where a schedule of joint rates or charges is or may be in 
 force between two or more public utilities, such schedules shall 
 in like manner be printed and filed with the commission, and 
 so much thereof as the commission shall deem necessary for 
 the use of the public shall be filed in every such station or office 
 as provided in section 27 [Laws 1911, chapter 279, page 489]. 
 [L. 1911, c. 279, p. 489, § 28.] 
 
 Section 27 is § 506, ante, of this compilation. 
 
 Compare Wise., § 1797?n-30. 
 
 § 508. Changes in Schedules; Ten Days’ Notice. 
 
 No change shall thereafter be made in any schedule, includ¬ 
 ing schedules of joint rates, except upon ten days’ notice to the 
 commission, and all such changes shall be plainly indicated 
 upon existing schedules, or by filing new schedules in lieu 
 thereof ten days prior to the time the same are to take effect; 
 
 ; provided , that the commission, upon anplication of any public 
 utility, may prescribe a less time within which a reduction 
 may be made. [L. 1911, c. 279, p. 490, § 29.] 
 
 Compare Wise., § 1797m-31. 
 
 § 509. Revised Schedules to Be Open to Public. 
 
 Copies of all new schedules shall be filed as hereinbefore 
 provided in every station and office of such public utility 
 where payments are made by consumers or users ten days 
 prior to the time the same are to take effect, unless the com¬ 
 mission shall prescribe a less time. [L. 1911, c. 279, p. 490, 
 § 30.] 
 
 Compare Wise., § 1797m-32. 
 
 § 510. Charges Other Than as Specified in Printed Schedules Un¬ 
 lawful. 
 
 It shall be unlawful for any public utility to charge, demand, 
 collect or receive a greater or less compensation for any 
 service performed by it within the State or for any service 
 in connection therewith than is specified in such printed 
 schedules, including schedules of joint rates, as may at the 
 time be in force, or to demand, collect or receive any rate, 
 toll or charge not soecified in such schedule. The rates, tolls 
 and charges named therein shall be the lawful rates, tolls 
 and charges until the same are changed as provided in this 
 act. [L. 1911, c. 279, p. 490, § 31.] 
 
 Compare Wise., § 1797m-33. 
 
 § 511. Commission May Prescribe Changes in Form of Schedules. 
 
 The commission may prescribe such changes in the form 
 in which the schedules are issued by any public utility as may 
 
14 
 
 PUBLIC UTILITY ACT OF OREGON 
 
 be found to be expedient. |L. 1911, c. 279, p. 490, § 32.] 
 
 Compare Wise., § 1797m-34. 
 
 § 512. Classification of Utility Service. 
 
 The commission shall provide for a comprehensive classifi¬ 
 cation of service for each public utility, and such classification 
 may take into account the quantity used, the time when used, 
 the purpose for which used, and any other reasonable con¬ 
 sideration. Each public utility is required to conform its 
 schedules of rates, tolls and charges to such classification. 
 [L. 1911, c. 279, p. 490, § 33.] 
 
 Compare Wise., §1797m-35. 
 
 § 513. Commission May Prescribe Rules of Procedure. 
 
 The commission shall have power to adopt and amend reas¬ 
 onable and proper rules and regulations relative to all 
 inspections, tests, audits and investigations, and to adopt and 
 publish reasonable and proper rules to govern its proceedings 
 and to regulate the mode and manner of all investigations 
 and hearings of public utilities and other parties before it, 
 and any person may appear before the commission, and be 
 heard, or may appear by attorney. All hearings shall be open 
 to the public. [L. 1911, c. 279, p. 490, § 34.] 
 
 Compare Wise., § 1797w-36. 
 
 § 514. Inquiry Into Business Management of Utilities; Conference 
 With Other Commissions. 
 
 The commission shall have authority to inquire into the 
 management of the business of all public utilities, and shall 
 keep itself informed as to the manner and method in which the 
 same is conducted, and shall have the right to obtain from any 
 public utility all necessary information to enable the commis¬ 
 sion to perform its duties. The commission may confer by 
 correspondence, or by attending conventions, or otherwise with 
 public utility commissioners of other states or the United 
 States on any matter relating to the public utilities. [L. 1911, 
 c. 279, p. 491, § 35.] 
 
 Compare Wise., § 1797m-37. 
 
 § 515. Inspection of Books and Papers. 
 
 The commission or any commissioner or any person or per¬ 
 sons employed by the commission for that purpose shall, upon 
 demand, have the right to inspect the books, accounts, papers, 
 records and memoranda of any public utility, and to examine, 
 under oath, any officer, agent or employee of such public 
 utility in relation to its business and affairs. Any person 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 15 
 
 other than one of said commissioners, who shall make such 
 demand shall produce a certificate under the seal of the com¬ 
 mission showing his authority to make such inspection. [L. 
 1911, c. 279, p. 491, § 36.] 
 
 Compare Wise., § 1797m-38. 
 
 § 516. Production of Books and Papers; Process; Penalty. 
 
 The commission may require, by order or subpoena to be 
 served on any public utility in the same manner that a sum¬ 
 mons is served in a civil action in the circuit court, the pro¬ 
 duction within this State at such time and place as it may 
 designate, of any books, accounts, papers or records kept 
 by said public utility in any office or place without the State 
 of Oregon, or verified copies in lieu thereof, if the commission 
 shall so order, in order that an examination thereof may be 
 made by the commission or under its direction. Any public 
 utility failing or refusing to comply with any such order or 
 subpoena shall, for each day it shall so fail or refuse, forfeit 
 and pay into the State Treasury a sum of not less than $50 
 nor more than $500. [L. 1911, c. 279, p. 491, § 37.] 
 
 Compare Wise., § 1797m-39. 
 
 § 517. Employees of Commission. 
 
 The commission is authorized to employ such engineers, ex¬ 
 aminers, experts, clerks, accountants, inspectors and other 
 assistants as it may deem necessary, at such rates of compen¬ 
 sation as it may determine upon. [L. 1911, c. 279, p. 491, § 38.] 
 
 Compare Wise., § 1797m-40. 
 
 § 518. Appointment of Examiners, Hearings Before Single Commis¬ 
 sioner or Examiner. 
 
 For the purpose of making any investigation which may 
 be required or permitted by any law the commission shall 
 have power to appoint, by an order in writing, an examiner, 
 or agent whose duties shall be prescribed in such order. In 
 the discharge of his duties such examiner or agent shall have 
 every power whatsoever of an inquisitorial nature granted by 
 this or any other act to the commission and the commissioners 
 thereof and the same powers as a notary public with regard 
 to the taking of depositions. Any investigation, inquiry or 
 hearing which the commission has power to undertake or 
 hold may be undertaken or held by or before any commissioner, 
 examiner or agent of the commission. The decision of the 
 commission shall be based upon its examination of all of the 
 testimony and records in the matter investigated or heard. 
 [L. 1911, c. 279, p. 491, §39.] 
 
 Compare Wise., § 1797m-41. 
 
16 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 § 519. Utilities to Furnish Commission With Information Required. 
 
 Every public utility shall furnish to the commission all in¬ 
 formation required by it to carry into effect the provisions of 
 this act and shall make specific answers to all questions sub¬ 
 mitted by the commission. 
 
 Any public utility receiving from the commission any blanks 
 with directions to fill the same, shall cause the same to be 
 properly filled out so as to answer fully and correctly each 
 question therein propounded, and in case it is unable to answer 
 any question, it shall give a good and sufficient reason for such 
 failure; and said answer shall be verified under oath by the 
 president, secretary, superintendent or general manager of 
 such public utility and returned to the commission at its office 
 within the period fixed by the commission. 
 
 Whenever required by the commission, every public utility 
 shall deliver to the commission any or all maps, profiles, con¬ 
 tracts, reports of engineers, and all documents, books, accounts, 
 papers and records or copies of any or all of the same, with a 
 complete inventory of all its property, in such form as the 
 commission may direct. [L. 1911, c. 279, p. 492, § 40.] 
 
 Compare Wise., § 1797m-42. 
 
 § 520. Complaint Against Utility by Patrons, Etc. 
 
 Upon a complaint made against any public utility by any 
 mercantile, agricultural or manufacturing society, or by any 
 body politic or municipal organization, or by any three persons, 
 firms, corporations or associations, that any or all of the rates, 
 tolls, charges or schedules or any joint rate or rates are in 
 any respect unreasonable or unjustly discriminatory, or that 
 any regulation, measurement, practice or act whatsoever affect¬ 
 ing or relating to the production, transmission, delivery or 
 furnishing heat, light or water or power or the conveyance 
 of any telegraph or telephone message, or the transporta¬ 
 tion of persons or property by street railroad, or any service 
 in connection therewith is in any respect unreasonable, insuffi¬ 
 cient or unjustly discriminatory, or that any service rendered 
 by any public utility is inadequate or is not afforded, the 
 commission shall proceed, with or without notice, to make 
 such investigation as it may deem necessary or convenient. 
 But no order affecting said rates, tolls, charges, schedules, 
 regulations, measurements, practice or act complained of shall 
 be entered by the commission without a formal hearing. [L. 
 1911, c. 279, p. 492, § 41.] 
 
 Compare Wise., § 1797?n-43. 
 
 § 521. Notice of Complaint to Utility; Notice of Hearing. 
 
 The commission shall, prior to such formal hearing, notify 
 the public utility complained of that complaint has been made, 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 17 
 
 and to answer the same, and at the same time or afterward, 
 may proceed to set a time and place for a hearing and an 
 investigation as hereinafter provided. 
 
 The commission shall give the public utility and the com¬ 
 plainant, if any, ten days’ notice of the time and place when 
 and where such hearing and investigation will be held and 
 such matters considered and determined. Both the public 
 utility and complainant shall be entitled to be heard, and shall 
 have process to enforce the attendance of witnesses. [L. 1911, 
 c. 279, p. 493, § 42.] 
 
 Compare Wise., § 1797m-44, 45. 
 
 § 522. Commission to Prescribe Reasonable Rates and Regulations. 
 
 If, upon such investigation, any rates, tolls, charges, sched¬ 
 ules or joint rates, shall be found to be unjust, unreasonable, 
 insufficient or unjustly discriminatory, or to be preferential 
 or otherwise in violation of any of the provisions of this act, 
 the commission shall have power to fix and order substituted 
 therefor such rate or rates, tolls, charges or schedules as shall 
 be just and reasonable. If upon such investigation it shall 
 be found that any regulation, measurement, practice, act, or 
 service complained of is unjust, unreasonable, insufficient, 
 preferential, unjustly discriminatory or otherwise in violation 
 of any of the provisions of this act, or if it be found that any 
 service is unsafe or inadequate or that any reasonable service 
 cannot be obtained or is not afforded, the commission shall 
 have power to substitute therefor such other regulations, meas¬ 
 urements, practices, service or acts and to make such 
 order respecting, and such changes in such regulations, meas¬ 
 urements, practices, service or acts as shall be just and reason¬ 
 able. [L. 1911, c. 279, p. 493, § 43.] 
 
 Compare Wise., § 1797?n-46. 
 
 § 523. Separate Hearings on Complaint; Direct Damage to Com¬ 
 plainant Not Essential. 
 
 The commission may, in its discretion, when a complaint is 
 made of more than one rate or charge, order separate hear¬ 
 ings thereon, and may consider and determine the several 
 matters complained of separately, and at such times as it may 
 prescribe. No complaint shall at any time be dismissed be¬ 
 cause of the absence of direct damage to the complainant. 
 [L. 1911, c. 279, p. 493, §44.] 
 
 Compare Wise., § 1797m-48. 
 
 § 524. Investigation on Commission’s Own Motion. 
 
 Whenever the commission shall believe that anv rate or 
 
 «/ 
 
 charge or schedule of rates or charges may be unreasonable or 
 
 Sig. 2 
 
18 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 unjustly discriminatory, or that any service is unsafe or inade¬ 
 quate or is not afforded 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. If, after making such investigation, 
 the commission becomes satisfied that sufficient grounds exist 
 to warrant a hearing being ordered to determine whether any 
 rate or charge or schedule of rates or charges so investigated 
 is unreasonable or unjustly discriminatory, or whether the 
 service investigated is unsafe or inadequate or is not afforded, 
 or that an investigation of any other matter relating to such 
 public utilities should be made, it shall furnish such public 
 utility interested a statement, notifying the public utility of 
 the matters under investigation, which said statement shall be 
 accompanied by a notice fixing a time and place for hearing 
 upon such matters. Notice may likewise be given to other 
 parties interested. Such notice of hearing shall be given at 
 least ten days in advance of any hearing. Thereafter pro¬ 
 ceedings shall be had and conducted in reference to the matter 
 investigated in like manner as though complaint had been filed 
 with the commission relative to the matter investigated, and 
 the same order or orders may be made in reference thereto as 
 if such investigation had been made on complaint. [L. 1911, 
 c. 279, p. 493, § 45.] 
 
 Compare W r isc., § 1797m-49, 50, 51. 
 
 § 525. Utilities May Complain. 
 
 Any public utility may make complaint as to any matter 
 affecting its own product or service with like effect as though 
 made by any mercantile, agricultural or manufacturing so¬ 
 ciety, body politic or municipal organization or by any ten per¬ 
 sons, firms, corporations or associations. [L. 1911, c. 279, 
 p. 494, § 46.] 
 
 Compare Wise., § 1797w-52. 
 
 § 526. Powers of Commissioners and Examiners as to Production of 
 Testimony and Papers—Contempt Proceedings—Penalty. 
 
 Each of the commissioners, and every examiner or agent 
 appointed, as herein provided, shall for the purposes mentioned 
 in this act and for the purposes mentioned in chapter 53 of 
 the Laws of Oregon for the year 1907, and sections 6928 and 
 6929 of Lord’s Oregon Laws, as compiled and annotated by 
 Hon. William Paine Lord and Richard Ward Montague, have 
 the pow r er to administer oaths, certify to official acts, issue 
 notices in the name of the commission, issue subpoenas under 
 his hand, compel the attendance of witnesses and the produc¬ 
 tion of books, accounts, papers, records, documents and testi- 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 19 
 
 mony, and to take and receive testimony, conduct hearings 
 and investigations, whether upon complaint or upon the com¬ 
 mission’s own motion. 
 
 In case of disobedience on the part of any person or persons 
 to comply with any order of the commission or any commis¬ 
 sioner, examiner or agent or any subpoena, or, on the refusal 
 of any witness to testify to any matter regarding which he may 
 be lawfully interrogated before the commission, any commis¬ 
 sioner, examiner or agent authorized as provided in section 39 
 [L. 1911, c. 279, p. 491], it shall be the duty of the circuit court 
 of any county or the judge thereof, upon application of the 
 commission, or any commissioner to compel obedience by at¬ 
 tachment proceedings for contempt as in the case of dis¬ 
 obedience of the requirements of a subpcena issued from such 
 court or a refusal to testify therein. Any person who shall 
 neglect or refuse to attend and testify, or to answer any lawful 
 inquiry, or to produce books, papers, tariffs, waybills, contracts, 
 accounts, and documents, if in his power to do so, in obedience 
 to the subpoena or lawful requirement of the commission, shall 
 be guilty of a misdemeanor, and upon conviction thereof by a 
 court of competent jurisdiction shall be punished by a fine of 
 not less than $100 nor more than $1,000, or by imprisonment 
 in the county jail for not more than one year, or by both such 
 fine and imprisonment. [L. 1911, c. 279, p. 494, § 47.] 
 
 L. 1907, c. 53, and L. O. L. §§ 6875-6945 are the Railroad Commission Act 
 and amendments thereto. Section 39 of the Public Utilities Act is § 518, ante. 
 
 Compare Wise., § 1797m-53. 
 
 § 527. Witness Fees and Mileage. 
 
 Each witness who shall appear before the commission or 
 its agent by its order, shall receive for his attendance the fees 
 and mileage now provided for witnesses in civil cases in 
 courts of record, which shall be audited and paid by the State 
 in the same manner as other expenses are audited and paid, 
 upon the presentation of proper vouchers sworn to by such 
 witnesses and approved by the commission; provided, no wit¬ 
 nesses shall be entitled to receive double mileage fees. 
 
 No witness subpoenaed at the instance of parties other than 
 the commission shall be entitled to compensation from the 
 State for attendance or travel unless the commission shall 
 certify that his testimony was material to the matter investi¬ 
 gated. [L. 1911, c. 279, p. 495, § 48.] 
 
 Compare Wise., § 1797m-54. 
 
 § 528. Descriptions. 
 
 The commission or any party may, in any investigation, 
 cause the depositions of witnesses residing within or without 
 
20 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 the State to be taken in the manner prescribed by law for like 
 depositions in civil suits in the circuit court. [L. 1911, c. 279, 
 p. 495, § 49.] 
 
 Compare Wise., § 1797m-55. 
 
 § 529. Record of Proceedings and Testimony—Transcript Received in 
 Evidence. 
 
 A full and complete record shall be kept of all proceedings 
 had before the commission or any commissioner, examiner 
 or agent on any investigation, and all testimony shall be taken 
 down by the stenographer appointed by the commission. When¬ 
 ever any complaint is served upon the commission under the 
 provisions of section 54 [L. 1911, c. 279, p. 497], the commis¬ 
 sion shall, before said suit is reached for trial, cause a certified 
 transcript of all proceedings had and testimony taken upon 
 such investigation to be filed with the county clerk of the coun¬ 
 ty where the action is pending. A transcribed copy of the evi¬ 
 dence and proceedings, or any specific part thereof on any 
 investigation, taken by the stenographer appointed by the com¬ 
 mission, 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 him with his original 
 notes, and to be a correct statement of the evidence and pro¬ 
 ceedings 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 proceed¬ 
 ings had upon the trial in which said transcript or any part 
 thereof is offered. [L. 1911, c. 279, p. 495, § 50.] 
 
 Compare Wise., § 1797m-57, 58. 
 
 § 530. Commission to Order Substitution of Reasonable Rates and 
 Service, Taking Effect of Order. 
 
 Whenever, upon an investigation made under the provisions 
 of this act, the commission shall find any existing rate or rates, 
 or any schedule of rates, tolls, charges, joint rate or joint 
 rates to be unjust, unreasonable, insufficient or unjustly dis¬ 
 criminatory, or to be preferential or otherwise in violation of 
 any of the provisions of this act, the commission shall deter¬ 
 mine and by order fix reasonable rate or rates, schedule of 
 rates, tolls, charges or joint rates to be imposed, observed and 
 followed in the future in lieu of those found to be unjust, 
 unreasonable, insufficient or unjustly discriminatory or prefer¬ 
 ential or otherwise in violation of any of the provisions of 
 this act. 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 21 
 
 Whenever, upon an investigation made under the provisions 
 of this act, the commission shall find any regulations, meas¬ 
 urements, practices, acts or service to be unjust, unreasonable, 
 insufficient, preferential, unjustly discriminatory, or otherwise 
 in violation of any of the provisions of this act; or shall find 
 that any service is unsafe or inadequate or that any service 
 which can be reasonably demanded is not afforded, the com¬ 
 mission shall determine and declare and by order fix reason¬ 
 able measurements, regulations, acts, practices or service to be 
 furnished, imposed, observed and followed in the future in 
 lieu of those found to be unjust, unreasonable, insufficient, 
 preferential, unjustly discriminatory, unsafe, inadequate, or 
 otherwise in violation of this act, as the case may be, and shall 
 make such other order respecting such measurement, regula¬ 
 tion, act, practice or service as shall be just and reasonable. 
 The commission shall cause a certified copy of all such orders 
 to be delivered to an officer or agent of the public utility 
 affected thereby, and all such orders shall of their own force 
 take effect and become operative twenty days after service 
 thereof, unless a different time be provided by said order. The 
 commission may provide by rule that any public utility affected 
 by any order shall within a time to be fixed by the commis¬ 
 sion, notify the commission whether the terms of the order 
 are accepted and will be obeyed. [L. 1911, c. 279, p. 496, § 51.] 
 
 Compare Wise., § 1797-ra-60 (1) (2) (4). 
 
 § 531. Revision and Amendment of Orders. 
 
 The commission may at any time, upon notice to the public 
 utility and after opportunity to be heard as provided in section 
 42 [L. 1911, c. 279, p. 493], rescind, alter or amend any order 
 fixing any rate or rates, schedule of rates, tolls, charges, or 
 any other order made by the commission, and certified copies of 
 the same shall be served and take effect as herein provided for 
 original orders. [L. 1911, c. 279, p. 497, § 52.] 
 
 Section 42 named is § 521 of this compilation. 
 
 Compare Wise., § 1797?n-62. 
 
 § 532. Orders Enforced Until Set Aside; Prima Facie Lawful and 
 Reasonable. 
 
 All rates, tolls, charges, schedules and joint rates fixed 
 by the commission shall be in force and shall be prima facie 
 lawful, and all regulations, practices and services prescribed 
 by the commission shall be in force and shall be prima facie 
 lawful and reasonable until found otherwise in a suit brought 
 for that purpose pursuant to the provisions of sections 54, 
 55, 56 and 57 of this act. [L. 1911, c. 279, p. 497, § 53.] 
 
 The sections enumerated are §§ 533-6, post. 
 
 Compare Wise., § 1797m-63. 
 
22 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 § 533. Suits to Set Aside Orders, Procedure, Precedence in Hearing, 
 Burden of Proof. 
 
 Any public utility or other person, persons or corporation 
 interested in or affected by any order of the commission fixing 
 any rate or rates, tolls, charges, schedules, classifications, joint 
 rate or rates, or any order fixing any regulations, practices, act 
 or service, being dissatisfied therewith, may commence a suit 
 in the circuit court of the county in which the hearing was 
 held, against the commission as defendant to vacate and set 
 aside any such order or specified portion thereof on the ground 
 that the order or portion thereof is unlawful, in which suit 
 a copy of the complaint shall be served with the summons as 
 in a suit in equity. The commission shall serve and file its 
 answer to said complaint within ten days after the service 
 thereof, whereupon said suit shall be at issue and stand ready 
 for trial upon ten days’ notice by either party. All suits 
 brought under this section shall have precedence over any 
 civil cause of a different nature pending in said court, and 
 the circuit court shall always be deemed open for the trial 
 thereof, and the same shall be tried and determined as a suit 
 in equity. Every such suit to set aside, vacate or amend any 
 determination or order of the commission or to enjoin the en¬ 
 forcement thereof or to prevent in any way such order or de¬ 
 termination from becoming effective, shall be commenced, and 
 every appeal to the courts or right or recourse to the courts 
 shall be taken or exercised within ninety days after the entry 
 or rendition of such order or determination, and the right to 
 commence any such action, proceeding or suit, shall terminate 
 absolutely at the end of such ninety days after such entry or 
 rendition thereof. [L. 1911, c. 279, p. 497, § 54.] 
 
 Compare Wise., § 1797ra-64, 65. 
 
 § 534. Suspension or Stay of Order Pending Suit to Set Aside Order, 
 Terms and Bond. 
 
 After the commencement of such suit the circuit court may 
 for cause shown, upon application to the circuit court or pre¬ 
 siding judge thereof, and upon notice to the commission and 
 hearing, suspend or stay the operation of the order of the 
 commission complained of until the final disposition of such 
 suit, upon the giving of such bond or other security, and upon 
 such conditions as the court may require; and if such order 
 of injunction suspends the order or requirement of the com¬ 
 mission fixing rates, then the court shall require a bond with 
 good and sufficient surety, conditioned that the public utility 
 or public utilities applying for such injunction shall answer 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 23 
 
 for all damages caused by the delay in the enforcement of the 
 order of the commission, and all compensation for whatever 
 sums any person or corporation shall be compelled to pay in 
 excess of the sums such person or corporation would have been 
 compelled to pay if the order of the commission had not been 
 suspended; and such bond shall cover the periods transpiring 
 from time of the issuance of any such injunction until the 
 final determination of the question litigated. The said bond 
 shall be executed in favor of the Railroad Commission of 
 Oregon for the benefit of whom it may concern, and shall be 
 enforceable by said commission or any person interested, in 
 an appropriate proceeding. Any person paying charges found 
 to be excessive shall have a claim for the excess, whether paid 
 under protest or not, and unless refunded within thirty days 
 after written demand made after final judgment, may recover 
 the same by action against such public utility, or such public 
 utility and the sureties on such bond. Claims of persons for 
 money collected in excess of the amount payable under the 
 rate or rates established by the commission shall be assignable 
 in the same manner as any chose in action. No appeal to the 
 Supreme Court shall stay the operation of any order of the 
 commission unless the circuit or Supreme Court shall so direct, 
 and unless the public utility so appealing shall give a bond 
 with like conditions and terms as that given on granting 
 injunctions suspending an order of the commission fixing 
 rates. [L. 1911, c. 279, p. 497, § 55.] 
 
 Compare Wise., § 1797 to-66. 
 
 § 535. Reconsideration by Commission When New Evidence Intro¬ 
 duced. 
 
 If, upon the trial of such suit, evidence shall be introduced 
 by the plaintiff which is found by the court to be different from 
 that offered upon the hearing before the commission or addi¬ 
 tional thereto, the court before proceeding to render judgment, 
 unless the parties to such suit stipulate in writing to the con¬ 
 trary, shall transmit a copy of such evidence to the commis¬ 
 sion and shall stay further proceedings in said action for 
 fifteen days from the date of such transmission. Upon the 
 receipt of such evidence the commission shall consider the 
 same, and may alter, modify, amend or rescind its order relat¬ 
 ing to such rate or rates, fares, charges, classification, joint 
 rate or rates, regulation, practice, service or equipment com¬ 
 plained of in said action, and shall report its action thereon to 
 said court within ten days from the receipt of such evidence. 
 
 If the commission shall rescind its order complained of the 
 suit shall be dismissed; if it shall alter, modify or amend the 
 
24 
 
 PUBLIC UTILITY ACT OF OREGON 
 
 same, such altered, modified or amended order shall take the 
 place of the original order complained of, and judgment or 
 decree shall be rendered thereon, as though made by the com¬ 
 mission in the first instance. If the original order shall not 
 be rescinded or changed by the commission, judgment or de¬ 
 cree shall be rendered upon such original order. [L. 1911, 
 c. 279, p. 498, § 56.] 
 
 Compare Wise., § 1797m-67, 68. 
 
 § 536. Appeal to Supreme Court, Precedence Upon Calendar. 
 
 Either party to said suit, within sixty days after the entry 
 of the judgment or decree of the circuit court, may appeal 
 to the Supreme Court. Where an appeal is taken the cause 
 shall, on the return of the papers to the Supreme Court, be 
 immediately placed on the calendar of the then pending term, 
 and shall be assigned and brought to a hearing in the same 
 manner as other cases on the calendar, but shall have pre¬ 
 cedence over civil causes of a different nature pending in said 
 court. [L. 1911, c. 279, p. 499, § 57.] 
 
 Compare Wise., § 1797m-69. 
 
 § 537. Procedure as in Civil Actions; Burden of Proof of Unlawful¬ 
 ness or Unreasonableness. 
 
 In all suits, actions and proceedings in court arising under 
 this act all processes shall be served and the practice and rules 
 of evidence shall be the same as in civil actions, except as 
 otherwise in this act provided. 
 
 In all trials, actions, suits and proceedings arising under the 
 provisions of this act, or growing out of the exercise of the 
 authority and powers granted herein to the commission, the 
 burden of proof shall be upon the party adverse to such com¬ 
 mission or seeking to set aside any determination, requirement, 
 direction or order of said commission, to show by clear and 
 satisfactory evidence that the determination, requirement, di¬ 
 rection or order of the commission complained of is unreason¬ 
 able or unlawful as the case may be. [L. 1911, c. 279, p. 499, 
 §58.] 
 
 Compare Wise., § 1797w-70, 71. 
 
 § 538. Incriminating Evidence; Immunity Does Not Extend to Cor¬ 
 poration. 
 
 No person shall be excused from testifying or from pro¬ 
 ducing books and papers in any proceedings based upon or 
 growing out of any violation of the provisions of this act on 
 the ground or for the reason that the testimony or evidence, 
 documentary or otherwise, required of him may tend to in- 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 25 
 
 criminate him or subject him to penalty or forfeiture, but no 
 person having so testified shall be prosecuted or subjected to 
 any penalty or forfeiture for, or on account of, any transaction, 
 matter or thing concerning which he may have testified or pro¬ 
 duced any documentary evidence; provided , that no person so 
 testifying shall be exempted from prosecution or punishment 
 for perjury in so testifying; and provided , the immunity here¬ 
 by conferred shall extend only to a natural person who, in 
 obedience to a subpoena, gives testimony under oath or pro¬ 
 duces evidence, documentary or otherwise, under oath. [L. 
 1911, c. 279, p. 499, § 59.] 
 
 Compare Wise., § 1797ra-72. 
 
 § 539. Certified Copies of Orders Furnished- 
 
 Upon application of any person the commission shall fur¬ 
 nish certified copies, under the seal of the commission, of any 
 order made by it, which shall be prima facie evidence of the 
 facts stated therein. [L. 1911, c. 279, p. 500, § 60.] 
 
 Compare Wise., § 1797m-73. 
 
 § 540. Power of Municipality to Regulate Utilities; Appeal. 
 
 Every municipality shall have power— 
 
 (1) To determine by contract, ordinance or otherwise the 
 quality and character of each kind of product or service to be 
 furnished or rendered by any public utility furnishing any 
 product of service within said municipality and all other terms 
 and conditions not inconsistent with this act upon which 
 such public utility may be permitted to occupy the streets, 
 highways or other public property within such municipality, 
 and such contract, ordinance or other determination of such 
 municipality shall be in force and prima facie reasonable. 
 Upon complaint made by such public utility or by any quali¬ 
 fied complainant as provided in section 41 [L. 1911, c. 271, 
 p. 492], the commission shall set a hearing as provided in 
 section 42 and if it shall find such contract, ordinance or other 
 determination to be unreasonable, such contract, ordinance 
 or other determination shall be void; provided , hoivevei * that 
 no ordinance or other municipal regulation shall be reviewed 
 by the commission under the provisions of this section which 
 was prior to such review enacted by the initiative or which 
 was prior to such review referred to and approved by the 
 people of said municipality, or while a referendum thereon 
 is pending. 
 
 (2) To require of any public utility by ordinance or other¬ 
 wise such modifications, additions and extensions to its physi¬ 
 cal equipment, facilities or plant or service within said muni- 
 
26 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 cipality as shall be reasonable and necessary in the interest 
 of the public, and to designate the location and nature of all 
 such additions and extensions, the time within which they 
 must be completed, and all conditions under which they must 
 be constructed subject to review by the commission as pro¬ 
 vided in this section. 
 
 (3) To provide for a penalty for non-compliance with the 
 provisions of any ordinance or resolution adopted pursuant 
 to the provisions hereof. 
 
 (4) The power and authority granted in this section shall 
 exist and be vested in said municipalities, anything in this act 
 to the contrary notwithstanding. [L. 1911, c. 279, p. 500, § 61.] 
 
 Sections 41-2 mentioned are §§ 520-1 of this compilation. 
 
 Compare Wise., § 1797ra-87. 
 
 § 541. Passes, Pranks and Privileges Denied Political Committees and 
 Candidates—Penalty. 
 
 No public utility or any agent or officer thereof, or any 
 agent or officer of any municipality constituting a public util¬ 
 ity, as defined in this act, shall offer or give for any purpose 
 to any political committee or any member or employee thereof 
 to any candidate for or incumbent of any office or position 
 under the constitution or laws or under any ordinance of any 
 municipality of this State, or to any person at the request, or 
 for the advantage of all or any of them, any pass, reduced 
 rate, frank or any privilege withheld from any person for any 
 transportation, product or service produced, transmitted, 
 delivered, furnished or rendered, or to be transported, pro¬ 
 duced, transmitted, delivered, furnished or rendered by any 
 public utility, or the conveyance of any telephone message or 
 communication or any free produce or service whatsoever. 
 
 No political committee and no member or employee thereof, 
 no candidate for and no incumbent of any office or position 
 under the constitution or laws or under any ordinance of any 
 town or municipality of this State, shall ask for or accept 
 from any public utility or any agent or officer thereof, or any 
 agent or officer of any municipality constituting a public utility, 
 as defined in this act, or use in any manner or for any purpose 
 any pass, reduced rate, frank or privilege withheld from any 
 person, for any transportation product or service produced, 
 transmitted, delivered, furnished or rendered, or to be pro¬ 
 duced, transmitted, delivered, furnished or rendered by any 
 public utility, or the conveyance of any telephone message or 
 communication. Any violation of any of the provisions of 
 this section shall be punished by imprisonment in the State 
 penitentiary not more than five years nor less than one year 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 27 
 
 or by fine not exceeding $1,000 nor less than $200, or by both 
 such fine and imprisonment. [L. 1911, c. 279, p. 501, § 62.] 
 
 Compare Wise., § 1797m-82. 
 
 § 542. Unjust Discrimination, Prohibited; Definition—Penalty—Per¬ 
 missible Free or Reduced Rate Service. 
 
 If any public utility or any agent or officer thereof shall, 
 directly or indirectly, by any device whatsoever or otherwise, 
 charge, demand, collect or receive from any person, firm or 
 corporation a greater or less compensation for any service ren¬ 
 dered or to be rendered by it in or effecting it relating to the 
 transportation of persons or property by street railroad, or to 
 the production, transmission, delivery or furnishing of heat, 
 light, water or power or the conveyance of telegraph or tele¬ 
 phone messages or for any service in connection therewith 
 than that prescribed in the public schedules or tariffs then in 
 force or established as provided therein, or than it charges, 
 demands, collects or receives from any other person, firm or 
 corporation for a like and contemporaneous service under sub¬ 
 stantially similar circumstances, such public utility shall be 
 deemed guilty of unjust discrimination, which is hereby pro¬ 
 hibited and declared to be unlawful, and upon conviction there¬ 
 of shall forfeit and pay into the State treasury not less than 
 $100 nor more than $1,000 for each offense; and such agent or 
 officer so offending shall be deemed guilty of a misdemeanor 
 and upon conviction thereof shall be punished by a fine of not 
 less than $50 nor more than $100 for each offense; provided, 
 that this provision shall not be construed to prohibit the priv¬ 
 ilege of passes or franks or the exchange thereof with each 
 other for the officers, agents, employees and their families of 
 street railroads, telegraph, telephone and cable lines, and the 
 officers, agents, employees and their families of other street 
 railroads, telegraph, telephone and cable lines and with the 
 officers, employees and their families of railroad, express and 
 sleeping car lines, union depots and other common carriers; 
 provided, hoivever, that nothing in this act shall be construed 
 to prevent telephone, telegraph and cable companies from 
 entering into contracts with common carriers for the exchange 
 of services. Nothing herein shall prevent the transportation of 
 persons or property or the production, transmission, delivery 
 or furnishing of heat, light, water or power, or the conveying 
 of telegraph or telephone messages within this State free or 
 at reduced rates for the United States, the State, or any 
 municipality thereof, or for charitable purposes, or to em¬ 
 ployees of any such public utility for their own exclusive use 
 and benefit, nor prevent any such public utility from giving 
 
28 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 free transportation or service, or reduced rates therefor, to 
 its officers, agents, surgeons, physicians, employees and attor¬ 
 neys at law, or members of their families, or to former em¬ 
 ployees to such public utilities or members of their families 
 where such former employees have become disabled in the 
 service of such public utility or are unable from physical dis¬ 
 qualification to continue in the service, or to members of 
 families of deceased employees of such public utility; to 
 ministers of religion, inmates of hospitals and charitable and 
 eleemosynary institutions and persons exclusively engaged in 
 charitable and eleemosynary work. The commission may in 
 its discretion require to be filed with it by any public utility a 
 list, verified under oath of the president, manager, superin¬ 
 tendent or secretary of any public utility, of all free or reduced 
 rate privileges granted by such public utility under the pro¬ 
 visions of this section. [L. 1911, c. 279, p. 501, § 63.] 
 
 Compare Wise., § 1797m-89. 
 
 § 543. Facilities in Exchange for Less Compensation Prohibited; 
 
 Exceptions. 
 
 It shall be unlawful for any public utility to demand, charge, 
 collect, or receive from any person, firm or corporation less 
 compensation for any service rendered or to be rendered by 
 said public utility in consideration of the furnishing by said 
 person, firm or corporation of any part of the facilities 
 incident thereto; 'provided , nothing herein shall be construed 
 as prohibiting any public utility from renting any facilities 
 incident to the transportation of persons or property by street 
 railroad, or to the production, transmission, delivery or fur¬ 
 nishing of heat, light, water or power or the conveyance of 
 telephone messages and paying a reasonable rental therefor, 
 or as requiring any public utility to furnish any part of such 
 appliances which are situated in and upon the premises of 
 any consumer or user, except telephone station equipment 
 upon the subscriber’s premises, and unless otherwise ordered 
 by the commission meters and appliances for measurements 
 of any product or service. [L. 1911, c. 279, p. 503, § 64.] 
 
 Compare Wise., § 1797m-90 (amendment in Wise., L. 1909, c. 213). 
 
 § 544. Undue Preferences Prohibited; Penalty—Existing Contracts 
 
 Respected. 
 
 If any public utility shall make or give any undue or un¬ 
 reasonable preference or advantage to any particular per¬ 
 son, firm, or corporation, or to any particular locality, or shall 
 subject any particular person, firm, corporation or locality 
 to any undue or unreasonable prejudice or advantage in 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 29 
 
 any respect whatsoever, such public utility shall be deemed 
 guilty of unjust discrimination which is hereby prohibited 
 and declared unlawful. Any person, firm or corporation con¬ 
 victed of violating any of the provisions of this section shall 
 forfeit and pay into the State treasury not less than $100 nor 
 more than $10,000 for each offense; and any agent or officer 
 of any public utility, person, firm or corporation so offending 
 shall be deemed guilty of a misdemeanor, and on conviction 
 thereof shall be punished by a fine of not less than $100 nor 
 more than $1,000 for each offense. [L. 1911, c. 279, p. 503, 
 § 65.] 
 
 Compare Wise., § 1797m-91. 
 
 § 545. Rebates, Concessions and Discriminations Prohibited; Penalty. 
 
 It shall be unlawful for any person, firm or corporation 
 knowingly to solicit, accept or receive any rebate, concession 
 or discrimination in respect to any service in or affecting or 
 relating to the transportation of persons by street railroad, or 
 to production, transmission, delivery or furnishing of heat, 
 light, water or power or the conveying of telegraph or tele¬ 
 phone messages within this State, or for any service in connec¬ 
 tion therewith whereby any such service shall, by any device 
 whatsoever, or otherwise, be rendered free or at a less rate 
 than that named in the published schedules and tariffs in force 
 as provided herein, or whereby any service or advantage is 
 received other than is herein specified. Any person, firm or 
 corporation violating the provisions of this section shall be 
 deemed guilty of a misdemeanor, and on conviction thereof 
 shall be punished by a fine of not less than $50 nor more than 
 $1,000 for each offense. [L. 1911, c. 279, p. 503, § 66.] 
 
 Compare Wise., § 1797m-92. 
 
 § 546. Treble Damages for Violation of Act by Public Utility; Attor¬ 
 ney’s Fees; Statute Penalty Not Affected by Civil Damages. 
 
 If any public utility shall do or cause to be done or permit 
 to be done any matter, act or thing in this act prohibited, or 
 declared to be unlawful, or shall omit to do any act, matter 
 or thing required to be done by it, such public utility shall be 
 liable to the person, firm or corporation injured thereby in 
 treble the amount of damages sustained in consequence of 
 such violation, together with a reasonable counsel’s or attor¬ 
 ney’s fee to be fixed by the court in every case of recovery, 
 which attorney’s fee shall be taxed and collected as part of 
 the costs in the case; 'provided, that any recovery as in this 
 section provided shall in no manner affect recovery by the 
 
30 
 
 PUBLIC UTILITY ACT OF OREGON 
 
 State of the penalty prescribed for such violation. [L. 1911, 
 c. 279, p. 504, § 67.] 
 
 Compare Wise., § 1797w-93. 
 
 § 547. Information, Papers and Accounting Denied Commission— 
 Penalty. 
 
 Any officer, agent or employee of any public utility who shall 
 fail or refuse to fill out and return any blanks as required 
 by this act, or shall fail or refuse to answer any question 
 therein propounded, or shall knowingly or willfully give a false 
 answer to any such question or shall evade the answer to any 
 such question where the fact inquired of is within his knowl¬ 
 edge or who shall, upon proper demand, fail or refuse to ex¬ 
 hibit to the commission or any commissioner or any person 
 authorized to examine the same, any book, paper, account, 
 record, or memorandum of such public utility which is in his 
 possession or under his control, or who shall fail to properly 
 use and keep his system of accounting or any part thereof as 
 prescribed by the commission, or who shall refuse to do any 
 act or thing in connection with such system of accounting 
 when so directed by the commission or its authorized repre¬ 
 sentative, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine of not less than 
 $1,000 for each offense. A penalty of not less than $500 nor 
 more than $1,000 shall be recovered from the public utility 
 for each such offense when such officer, agent or employee 
 acted in obedience to the direction, instruction or request of 
 such public utility or any general officer thereof. [L. 1911, 
 c. 279, p. 504, § 68.] 
 
 Compare Wise., § 1797m-94. 
 
 § 548. Violations of Act in General; Penalties—Utility Held Respon¬ 
 sible for Agents. 
 
 If any public utility shall violate any provisions of this act, 
 or shall do any act herein prohibited, or shall fail or refuse 
 to perform any duty enjoined upon it for which a penalty has 
 not been provided, or shall fail, neglect or refuse to obey any 
 lawful requirement, order made by the commission or council, 
 or any judgment or decree made by any court upon the appli¬ 
 cation of the commission, for every such violation, failure or 
 refusal, such public utility shall forfeit and pay into the State 
 treasury a sum of not less than $100 nor more than $10,000 for 
 such offense. In construing and enforcing the provisions of 
 this section, the act, omission or failure of any officer, agent 
 or other person acting for or employed by any public utility 
 acting within the scope of his employment, shall in every case 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 31 
 
 be deemed to be the act, omission or failure of such public 
 utility. All penalties, fines or forfeitures or other sums col¬ 
 lected or paid under the provisions of this act, shall be paid 
 into the general fund of the State treasury except where it is 
 provided the same shall be paid to the aggrieved party. [L. 
 1911, c. 279, p. 504, § 69.] 
 
 Compare Wise., § 1797m-95. 
 
 § 549. Interference With Commission’s Equipment; Penalty. 
 
 Any person who shall destroy, injure, or interfere with any 
 apparatus or appliance owned or operated by or in charge of 
 the commission or its agent, or any apparatus or appliance 
 sealed by it, shall be deemed guilty of a misdemeanor, and upon 
 conviction shall be punished by fine not exceeding $100 or 
 imprisonment for a period not exceeding thirty days or both. 
 Any public utility knowingly permitting the destruction, in¬ 
 jury to, or interference with any such apparatus or appliance, 
 or with the seal affixed to any apparatus or appliance by direc¬ 
 tion of the commission, shall forfeit a sum not exceeding 
 $1,000 for each such offense. [L. 1911, c. 279, p. 505, § 70.] 
 
 Compare Wise., § 1797m-97. 
 
 § 550. Temporary Alteration or Suspension of Rates. 
 
 The commission shall have power, when deemed by it neces¬ 
 sary to prevent injury to the business or interests of the people 
 or any public utility of this State in case of any emergency to 
 be judged of by the commission, to temporarily alter, amend, 
 or with the consent of the public utility concerned, suspend 
 any existing rates, schedules and order relating to or affecting 
 any public utility or part of any public utility in this State. 
 Such rates so made by the commission shall apply to one or 
 more of the public utilities in this State or to any portion 
 thereof as may be directed by the commission, and shall take 
 effect at such time and remain in force for such length of 
 time as may be prescribed by the commission. [L. 1911, 
 c. 279, p. 505, § 71.] 
 
 Compare Wise., § 1797m-99. 
 
 § 551. Unreasonable Rates, Practices and Services not Specifically 
 Designated May Be Regulated. 
 
 Whenever, after hearing an investigation as provided in 
 this act, the commission shall find that any rate, toll, charge, 
 regulation or practice for, in, or affecting or relating to the 
 transportation of persons or property by street railroad, or to 
 production, transmission, delivery or furnishing of heat, light, 
 water or power or the conveying of any telephone or telegraph 
 
32 
 
 PUBLIC UTILITY ACT OF OREGON 
 
 message or any service in connection therewith not herein¬ 
 before specifically designated, is in any respect unsafe, inade¬ 
 quate, unreasonable or unjustly discriminatory, it shall have 
 the power to regulate the same as provided in sections 41 to 
 46 [L. 1911, c. 279, p. 492] inclusive. [L. 1911, c. 279, p. 505, 
 § 72.] 
 
 Sections 41-46 mentioned are §§ 520-5 of this compilation. 
 
 Compare Wise., § 1797m-100. 
 
 § 552. Investigation of Accidents. 
 
 Every public utility shall, whenever an accident attended 
 with loss of human life occurs within this State upon its 
 premises, or directly or indirectly arises from or connected 
 with its maintenance or operation, give immediate notice 
 thereof to the commission. In the event of any such accident 
 the commission, if it deem the public interest require it, shall 
 cause an investigation to be made forthwith, which investiga¬ 
 tion shall be held in the locality of the accident, unless for 
 greater convenience of those concerned it shall order such 
 investigation to be held at some other place; and said investi¬ 
 gation may be adjourned from place to place as may be found 
 necessary and convenient. The commission shall seasonably 
 notify the public utility of the time and place of the investiga¬ 
 tion. [L. 1911, c. 279, p. 506, § 73.] 
 
 Compare Wise., § 1797m-101. 
 
 § 553. Enforcement of Laws as to Public Utilities; Duties of Attorney 
 General Prosecuting Attorneys and Counsel. 
 
 The commission shall inquire into any neglect or violation 
 of any law of this State or any law or ordinance of any 
 municipality thereof by any public utility corporation doing 
 business therein, or by the officers, agent, or employees thereof, 
 or by any person operating a public utility, and shall have the 
 power, and it shall be its duty to enforce the provisions of 
 this act, as well as all other laws relating to public utilities 
 and report all violations thereof to the Attorney General. 
 Upon the request of the commission it shall be the duty of the 
 Attorney General or the prosecuting attorney of the proper 
 county to aid in any investigation, hearing or trial had under 
 the provisions of this act, and to institute and to prosecute all 
 necessary suits, actions or proceedings for the enforcement of 
 this act or the recovery of penalties payable to the State or the 
 enforcement of any law of this State or any law or ordinance 
 of any municipality thereof relating to public utilities, and for 
 the punishment of all violations thereof. Any forfeiture or 
 penalty herein provided shall be recovered by an action brought 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 33 
 
 thereon in the name of the State of Oregon in any court of 
 appropriate jurisdiction. The commission shall have author¬ 
 ity to employ counsel and to fix their duties and compensation. 
 [L. 1911, c. 279, p. 506, §74.] 
 
 Compare Wise., § 1797m-102. 
 
 § 554. Substantial Compliance With Acts Sufficient; Technical Omis¬ 
 sions Immaterial; Liberal Construction. 
 
 A substantial compliance with the requirements of this act 
 shall be sufficient to give effect to all the rules, orders, acts, 
 and regulations of the commission, and they shall not be de¬ 
 clared inoperative, illegal or void for any omission of a tech¬ 
 nical nature in respect thereto. The provisions of this act shall 
 be liberally construed with a view to the public welfare, effici¬ 
 ent facilities, and substantial justice between patrons and pub¬ 
 lic utilities. [L. 1911, c. 279, p. 506, § 75.] 
 
 Compare Wise., § 1797m-103. 
 
 § 555. Other Rights of Action Not Released or Waived; Penalties 
 Cumulative; Duties and Liabilities Same as at Common Law. 
 
 This act shall not have the effect to release or waive any 
 right of action by the State or by any municipality thereof or 
 by any person for any right, penalty or forfeiture which may 
 have arisen or which may hereafter arise under any law of 
 this State or under any law or ordinance of any municipality 
 thereof; and all penalties and forfeiture accruing under this 
 act shall be cumulative and a suit for, and recovery of one, 
 shall not be a bar to the recovery of any other penalty. The 
 duties and liabilities of public utilities shall be the same as at 
 common law and the remedies against them the same, except 
 where otherwise provided by the constitution or statutes of 
 this State, and the provisions of this act are cumulative there¬ 
 to. [L. 1911, c. 279, p. 507, § 76.] 
 
 Compare Wise., § 1797m-104. 
 
 § 556. Rates of January 1, 1911, to Govern as Maximum Unless 
 Otherwise Ordered; Proceedings to Change. 
 
 Except as in this act provided, and unless the commission 
 shall otherwise order, it shall be unlawful for any public utility 
 within this State to demand, collect or receive a greater com¬ 
 pensation for any service than the charge fixed on the lowest 
 schedule of rates for the same service on the first day of 
 January, 1911. Every public utility in this State shall, within 
 a time to be fixed by the commission, file in the office of th<v 
 commission, copies of all schedules of rates and charges 
 including joint rates, in force on the first day of January, 1911, 
 
 Sig. 3 
 
34 
 
 PUBLIC UTILITY ACT OF OREGON. 
 
 and all rates in force at any time subsequent to said date. 
 Any public utility desiring to advance or discontinue any such 
 rate or rates may make application to the commission in writ¬ 
 ing stating the advance in or discontinuance of the rate or rates 
 desired, giving the reasons for such advance or discontinua¬ 
 tion. Upon receiving such application the commission shall fix 
 a time and place for hearing and give such notice to interested 
 parties as it shall deem proper and reasonable. If, after such 
 hearing and investigation, the commission shall find that the 
 change or discontinuation applied for is reasonable, fair and 
 just, it shall grant the application either in whole or in part. 
 Any public utility being dissatisfied with any order of the com¬ 
 mission made under the provisions of this section may com¬ 
 mence a suit against it in the circuit court in the manner pro¬ 
 vided in section 54 [L. 1911, c. 279, p. 497], which suit shall be 
 tried and determined in the same manner as is provided for 
 suits brought under said section 54. [L. 1911, c. 279, p. 507, 
 § 77.] 
 
 Section 54 mentioned is § 533 of this compilation, ante. 
 
 Compare Wise., § 1797m-105. 
 
 § 557. Expenses of Commission and Employees, Offices, Supplies. 
 
 The agents, experts, engineers, accountants, inspectors, ex¬ 
 aminers or assistants provided for in this act shall be ap¬ 
 pointed by the commission and the commission shall fix their 
 compensation. The commission shall be provided by the Sec¬ 
 retary of State with necessary office furniture, supplies, sta¬ 
 tionery, books, periodicals, maps, and all necessary expenses 
 therefor shall be audited and paid as other State expenses are 
 audited and paid. The commission may hold sessions and 
 maintain offices at places other than the Capitol in its discretion 
 for the more convenient and efficient performance of the duties 
 imposed upon it by law, and shall upon its request be provided 
 by the county court of any county in the State with suitable 
 room or rooms for offices and hearings. The commissioners, 
 upon the direction of the commission shall be entitled to 
 secretary, clerk, stenographer and other employees, traveling 
 receive from the State their actual necessary expenses while 
 traveling on the business of the commission. Such expendi¬ 
 tures shall be sworn to by the person who incurred the expense, 
 and approved by the commission. [L. 1911, c. 279. p. 508, 
 § 78.] 
 
 Compare Wise., § 1797m-106. 
 
 § 557a. Qualifications of Commissioners—Removal—Interest in Rail¬ 
 roads Forbidden—Oath and Bond. 
 
 The Governor, Secretary of State, and State Treasurer may, 
 at any time, remove any commissioner, appointed by them, 
 
PUBLIC UTILITY ACT OF OREGON. 
 
 35 
 
 for inefficiency, neglect of duty, or malfeasance in office. 
 Before such removal they shall give such commissioner a 
 copy of the charges against him, and shall fix the time when 
 he can be heard in his own defense, which shall not be less 
 than ten days thereafter, and such hearing shall be open to 
 the public. If he shalll be removed, the Governor, Secretary 
 of State, and State Treasurer shall file in the office of the 
 Secretary of State a complete statement of all charges made 
 against such commissioner, and their finding thereon, with 
 a record of the proceedings. Such power of removal shall be 
 absolute, and there shall be no right to review of the same 
 in any court whatsoever. 
 
 No person so appointed or elected shall be pecuniarily inter¬ 
 ested in any railroad, common carrier or public utility in this 
 State or elsewhere, and if any such commissioner shall volun¬ 
 tarily become so interested, his office shall ipso facto become 
 vacant; and if he shall become so interested otherwise than 
 voluntarily he shall, within a reasonable time, divest himself 
 of said interest; failing to do so his office shall become vacant. 
 
 No commissioner, nor the secretary, shall hold any other 
 office or position of profit, or pursue any other business or 
 vocation, or serve on or under any committee of any political 
 party, but shall devote his entire time to the duties of his 
 office. 
 
 Before entering on the duties of his office, each of said com¬ 
 missioners shall take and subscribe to an oath or affirmation 
 to support the Constitution of the United States, and of this 
 State, and to faithfully and honestly discharge the duties of 
 such office of commissioner; and that he is not pecuniarily 
 interested in any railroad in this State or elsewhere, or in any 
 common carrier, or in any corporation, company, or association 
 of individuals owning, operating, managing or controlling any 
 plant or equipment in this State or elsewhere for the convey¬ 
 ance of telegraph or telephone messages, or for the transporta¬ 
 tion of persons or property by street railroad, or for the 
 production, transmission, delivery or furnishing of heat, light, 
 water or power, nor in the stock, bonds, securities, earnings 
 or contracts of any thereof, and that he holds no other office 
 of profit, nor any position under any political committee or 
 party; which oath or affirmation shall be filed in the office of 
 the Secretary of State. [L. 1907, c. 53, p. 68, § 2; L. O. L. 
 § 6876; L. 1911, c. 279, p. 508, § 79.] 
 
INDEX 
 
 A 
 
 SECTION. 
 
 ACCIDENTS, reports of by public utilities, investigation. 5 52 
 
 ACCOUNTS —See Public Utilities, accounts, infra. 
 
 ACTION— See Suits Against Substituted Rates, infra. 
 
 ADDITIONS, accounts for to be presented by commission. 497 
 
 AGENT, public utility responsible for acts of.. 548 
 
 penalty for violation of public utilities act by. 547 
 
 APPEAL —See also Suits Against Substituted Rates, infra. 
 
 from circuit court, not to stay order of railroad commission, unless 
 
 circuit or supreme court directs. 534 
 
 when appeal may be taken to supreme court, precedence in hearing 536 
 to railroad commission, as to municipal ordinance, contract or regula¬ 
 tion of utility . 540 
 
 APPEARANCES, before commission, personally or by attorney. 513 
 
 APPLIANCES, for measurement, to comply with commission’s standards.... 501 
 
 ASSIGNMENT OF CLAIMS for excessive charges collected by utilities. 534 
 
 ASSOCIATION, included in term public utility. 480 
 
 ATTORNEY, appearance before commission by. 513 
 
 ATTORNEY’S FEES, allowance against utility. 546 
 
 ATTORNEY GENERAL, to prosecute actions for violation of public utility 
 
 laws . 553 
 
 AUDIT, of accounts of public utility by railroad commission. 49 5 
 
 * 
 
 B 
 
 BALANCE SHEET of utility, to be filed wfith commission annually. 494 
 
 BLANKS for reports, commission to prepare and furnish. 492 
 
 BOND on injunction against stay or suspension of order fixing rates. 534 
 
 official of railroad commissioners . 55 7a 
 
 public utility, commissioners not to be interested in. 5 5 7a 
 
 BOOKS AND PAPERS— See Public Utilities, infra, and Railroad Commis¬ 
 sion, infra. 
 
 BURDEN OF PROOF, suits against rates fixed by commission. 533 
 
 C 
 
 CABLE LINES, interchange of passes or franks with by certain public 
 
 utilities permitted . 542 
 
 CERTIFIED COPIES of orders of commission to be furnished.530, 539 
 
 prima facie evidence . 539 
 
 CHARGES, to be just and reasonable. 486 
 
 unjust and unreasonable, prohibited..... r . 486 
 
 emergency rates permitted by commission... 5 50 
 
 not specially designated, commission may regulate. 551 
 
 not to exceed rates in force January 1, 1911 ... 504 
 
 schedule to be filed with railroad commission... 504 
 
 accessible to public . 506 
 
 changes, notice required . 508 
 
 form, commission may prescribe. 511 
 
38 
 
 INDEX. 
 
 CHARGES—Continued. section. 
 
 interstate, to be filed with commission. 505 
 
 of joint rates, filing- and publishing. 507 
 
 other charges than specilled unlawful. 510 
 
 printing and publication . 504 
 
 revised, after change made, to be open to public. 509 
 
 rules affecting rates to be included.. 504 
 
 substitution of reasonable rates for charges found unreasonable by 
 
 railroad commission . 5 30 
 
 hearing upon complaint as to reasonableness. 520-530 
 
 suits to set aside order prescribing reasonable rates, procedure, 
 
 appeal . 533- 536 
 
 CITY COMMISSION, included in term “council” . 481 
 
 CITY COUNCIL, included in term “council”. 481 
 
 CLAIMS for excessive charges collected, assignable.. 53 4 
 
 CLASSIFICATION of public utility service. 512 
 
 CLERKS, employment by commission, compensation. 5 l 7 
 
 COMMISSION—See also, Railroad Commission of Oregon, infra. 
 
 term, in public utilities act, means railroad commission. 484 
 
 COMMITTEE of political party, not to ask or receive public utility pass 
 
 or frank . 541 
 
 COMMON CARRIER, interchange of passes or franks with by certain 
 
 utilities, permitted •. 542 
 
 interchange of facilities with telegraph, telephone and cable lines 
 
 permitted . 542 
 
 COMMON COUNCIL, included in term council. 481 
 
 COMMON LAW, application to duties and liabilities of utilities. 555 
 
 COMPANIES, included in term public utility. ' 480 
 
 COMPLAINT, against public utility, investigation by railroad commission....520-525 
 
 by whom complaint may be made. 520 
 
 on commission’s own motion . 524 
 
 utility may complain . 525 
 
 CONSTRUCTION, new, accounts for to be prescribed by commission. 4 97 
 
 of terms of public utility act to be liberal. 554 
 
 CONTEMPT, attachment for, to compel testimony before commission. 520 
 
 COPIES, of books, papers, etc., to be furnished commission. 510 
 
 of orders to be furnished by commission, prima facie evidence.5 3 0, 5 39 
 
 CORPORATIONS, immunity of witnesses not to extend to. 538 
 
 included in term public utility . 480 
 
 reports by, to commission . 498 
 
 COUNSEL, commission may employ, tlx duties and compensation. 553 
 
 COUNTY COURT to supply commission with rooms for hearings and offices 557 
 
 CRIMES—feee also, Penalties, infra. 
 
 neglect or refusal to obey subpoena. 523 
 
 passes, franks, etc., asking for or acceptance of by political committee, 
 
 candidate or public officer. 541 
 
 rebates, giving or accepting. 545 
 
 D 
 
 DAMAGES, treble, violation of public utilities act. 546 
 
 DEPOSITIONS, in proceedings before commission. 528 
 
 DEPRECIATION, fund and account to be kept. 496 
 
 DISCRIMINATION—See Public Utilities, Discrimination, infra. 
 
 E 
 
 ELECTRIC COMPANIES included in term public utility. 480 
 
 ELECTRIC POWER, persons furnishing included in term public utility. 480 
 
 EMERGENCY RATES permitted by order of commission. 550 
 
 EMPLOYEES, of commission, whom employed, compensation. 517 
 
 may enter premises of utilities, for inspection or test. 503 
 
 of public utility, penalty for violation of act by. 547 
 
 acts bind employing utility. 548 
 
INDEX. 
 
 39 
 
 SECTION. 
 
 ENTRY on premises, by commissioners or employees permitted. 503 
 
 EQUIPMENT, adequate and safe required. 486 
 
 included in term service. 483 
 
 EVIDENCE—See also, Witnesses, infra. 
 
 burden of proof, in suit against substituted charges, etc. 5 37 
 
 certified copies of order of railroad commission, prima facie. 539 
 
 depositions taken as in civil suits. 528 
 
 incriminating testimony may be compelled, immunity given. 5 38 
 
 orders of railroad commission fixing charges, etc., prima facie lawful 
 
 and reasonable ’. 532 
 
 rules of, in proceedings under public utilities act. 537 
 
 transcript of proceedings before railroad commission to be received 
 
 in evidence . 529 
 
 EXAMINER, appointment of by railroad commission, compensation. 517 
 
 hearings before, powers .518, 526 
 
 EXPENSES of commissioners, secretary, clerks, and experts, manner of 
 
 payment . 557 
 
 EXPERTS, employment by railroad commission, compensation . 517 
 
 EXPRESS COMPANIES, interchange of passes or franks with certain utilities 
 
 permitted . 542 
 
 EXTENSIONS, accounts for to be prescribed by commission . 49 7 
 
 F 
 
 FACILITIES, adequate and safe required . 486 
 
 included in term service . 483 
 
 reduced rates in consideration of furnishing, prohibited, exceptions. 543 
 
 FARES, see Charges, supra. 
 
 FEES, test of meter by commission .. 502 
 
 witnesses before commission . 527 
 
 FORFEITURES, see Penalties, infra. 
 
 FRANCHISES, appeal as to, from council to commission . 540 
 
 powder of municipality to determine terms on which granted. 540 
 
 FRANK, public utility not to give lo political committee or candidate. 541 
 
 to w’hom may be given .,. 5 42 
 
 FREE FARE OR SERVICE, to whom may be given . 5 42 
 
 G 
 
 GAS AND GAS COMPANIES, see Public Utilities, infra. 
 
 GAS METERS, see Meters, infra. 
 
 H 
 
 HEARINGS, before commission, open to public ... 513 
 
 notice required to utility . 521 
 
 single commissioner or examiner may hold . 518 
 
 HEATING COMPANIES, included in term public utilities . 480 
 
 See also Public Utilities, infra. 
 
 I 
 
 IMMUNITY of witnesses summoned before commission . 538 
 
 INCRIMINATING TESTIMONY compelled, immunity . 538 
 
 INDIVIDUALS, whom included in term public utility . 480 
 
 INFORMATION, necessary, to be supplied commission by public utility. 514 
 
 INITIATIVE, jurisdiction of commission on appeal not applicable to muni¬ 
 cipal regulation adopted by . 540 
 
 INJUNCTION against order of commission, notice, hearing, terms, bond.... 534 
 
 INTERCHANGE of traffic or product between utilities required. 487 
 
40 
 
 INDEX. 
 
 SECTION. 
 
 INTERSTATE RATES of utility, filed with commission .. 505 
 
 INVESTIGATION, by commission, attorney general and prosecuting attorney 
 
 to assist . 553 
 
 of accidents caused by public utility . 552 
 
 of complaints, on commission’s own motion .520, 524 
 
 substitution and enforcement of charges, fares, classifications or ser¬ 
 vice . 522 
 
 J 
 
 JOINT RATES, printing and filing with commission . 507 
 
 L 
 
 LESSEES, whom included in term public utility . 480 
 
 LIGHTING COMPANY, included in term public utility . 480 
 
 See also Public Utilities, infra. 
 
 LOCALITIES, unjust discrimination between forbidden . 544 
 
 M 
 
 METERS, public utility, to comply with commission’s standards. 501 
 
 test by commission, fees . 502 
 
 commission may enter premises of utility to test . 5 03 
 
 MILEAGE, witnesses before commission . 527 
 
 MUNICIPALITIES, extent of power to regulate public utilities. 540 
 
 appeal from determination of, to commission . 540 
 
 N 
 
 NOTICE, of complaint before commission, given utility . 521 
 
 of hearing of application for stay or suspension of order of commission 534 
 
 O 
 
 OFFICE, of commission, at places other than capitol . 557 
 
 OFFICERS, of state or municipality, not to ask or accept pass, frank, etc., 
 
 penalty . 542 
 
 public utility responsible for acts of . 548 
 
 penalty for violation of act by . 547 
 
 ORDERS, of commission, certified copies to be furnished, prima facie 
 
 evidence ... 5 39 
 
 prima facie lawful and reasonable .«. 532 
 
 setting aside, suspension or stay, procedure . 534 
 
 See also Suits Against Substituted Rates, infra. 
 
 P 
 
 PASSENGER FARES, See Charges, supra. 
 
 PASSES, public utility not to give officials, or political committee or 
 
 candidate . 541 
 
 to whom may be given . 5 42 
 
 PENALTY, accounts, failure to comply with order of commissioners as to.... 547 
 
 action to recover, how and where brought . 553 
 
 attorney’s fees, allowance, as against public utility . 546 
 
 books and papers, failure to produce for commission’s inspection.516, 547 
 
 civil damages not to affect statute penalty . 546 
 
 cumulative with other statutory penalties . 555 
 
 discrimination, unjust, giving or accepting . 542 
 
 general, for violation of provisions of utilities act . 548 
 
 information, denial of or giving false, to commission. 547 
 
 interference with commission’s equipment . 549 
 
 papers, accounts, etc., denial to commission .516, 547 
 
 preference, undue, giving or acceptance of . 544 
 
 recovery, paid into general fund of state . 553 
 
 treble damages, allowance against utility . 546 
 
 See also Crimes, supra. 
 
INDEX. 
 
 41 
 
 SECTION. 
 
 POLITICAL COMMITTEE, not to ask or receive public utility pass or frank 541 
 
 POWER, persons furnishing included in term public utility . 480 
 
 POWER COMPANIES, included in term public utility . 480 
 
 See also, Public Utilities, infra. 
 
 PREFERENCES, see Public Utilities, discrimination, infra. 
 
 PROCEDURE, before commission, on complaint.520, 525 
 
 commission may adopt and amend rules respecting. 513 
 
 in court, under public utilities act. 537 
 
 See also, Suits Against Substituted Rates, infra. 
 
 PROCESS, service, in proceedings under utilities act . 537 
 
 PROSECUTING ATTORNEY, to assist commission in investigations. 5 53 
 
 to prosecute violations of law on request of commission. 553 
 
 PUBLIC UTILITIES, accidents, investigation by commission. 5 52 
 
 accounts, audit by commission . 495 
 
 allocation of items as prescribed by commission. 49 5 
 
 for new construction, additions and betterments, prescribed by 
 
 commission . 49 7 
 
 depreciation, application of fund . 496 
 
 furnished to commission whenever required . 519 
 
 inspection by commission or authorized agent . 49 5 
 
 kept outside state, production of, or of copy required by commission 516 
 
 uniform system to be prescribed by commission .490, 491 
 
 accidents, to be reported to commission . 552 
 
 appliances for measurement of product or service to comply with com¬ 
 mission’s standards . 501 
 
 test by commission, fees . 502 
 
 commission may enter premises of utility to make test . 503 
 
 agents, utility responsible for acts of . 548 
 
 attorney general to prosecute violations of law by . 553 
 
 balance sheet to be filed with commission annually . 494 
 
 books and papers of public utility to be maintained in office in state.... 49 3 
 
 production of, or of copy, within state on order of commission, 
 
 penalty . 516 
 
 to be furnished to commission whenever required . 519 
 
 blanks furnished by commission to be filled out and returned, excuse.... 519 
 
 business management, commission to inquire into . 514 
 
 charges, to be reasonable and just . 486 
 
 hearing upon and investigation of by commission on complaint or 
 
 own motion . 520-525 
 
 reasonable rates prescribed by commission . 522 
 
 unjust or unreasonable charges unlawful . 486 
 
 reasonableness investigated by commission, reasonable rates pre¬ 
 scribed . 522 
 
 See, also, Rates, below, this title. 
 
 city or town council, power to regulate . 64 
 
 classification of service, prescribed by railroad commission. 512 
 
 common user of facilities, compensation, procedure . 487 
 
 compensation, common user of facilities . 487 
 
 complaint by patrons, etc., as to service or rates, investigation by 
 
 commission . 520 
 
 concessions in service or rate prohibited, penalty . 545 
 
 contracts to be furnished to commission whenever required . 519 
 
 conduits, common user of facilities, compensation procedure. 487 
 
 copies of maps, records, etc., to be furnished to commission whenever 
 
 required . 519 
 
 council of city or town, power to regulate ... 64 
 
 discrimination, in service or rate, prohibited, penalty . 545 
 
 unjust, prohibited, penalty . 542 
 
 permissible free or reduced rate service . 5 42 
 
 exchange of facilities, in consideration of . 543 
 
 documents to be furnished to commission whenever required. 519 
 
 duties as at common law, except as otherwise provided ... 555 
 
 emergency rates, permitted by commission .. 5 50 
 
 equipment, common user of facilities, compensation, procedure. 487 
 
 to be adequate and safe . 4 86 
 
 facilities, reduced rate for service for exchange of prohibited, exceptions 54 3 
 
 to be adequate and safe . 486 
 
 free and reduced rate service, when and to whom permitted. 542 
 
 exchange for facilities, in consideration of . 543 
 
 frank, not to be given political committee or candidate or public officer 541 
 hearing before commission, investigation of rates or service. 520-525 
 
42 
 
 INDEX. 
 
 PUBLIC UTILITIES—Continued. section. 
 
 information, commission may require necessary to be furnished. 514 
 
 public utility to furnish commission when required, penalty. 547 
 
 interchange of business, traffic or product between public utilities. 487 
 
 investigation, rates or service, on commission’s own motion. 524 
 
 joint rates, schedules, filing and publishing . 507 
 
 laws, commission to inquire into violation of, by . 553 
 
 liabilities, as at common law, except as otherwise provided. 555 
 
 management of business commission to inquire into . 514 
 
 maps, etc., to be delivered to commission whenever required. 519 
 
 maximum rates, those of Jan. 1, 1911; application for increase. 556 
 
 meters, to comply with commission’s standards and regulations. 5U1 
 
 test by commission, fees . 502 
 
 commission may enter premises of utility to test . 503 
 
 municipalities, power of to regulate, appeal to railroad commission. 540 
 
 notice that complaint has been made . 521 
 
 of hearing complaint before commission . 521 
 
 office to be maintained in state . (93 
 
 books, accounts, records to be kept in, as required by commission.... 493 
 
 order, temporary suspension of rates by railroad commission. 5 50 
 
 ordinance of municipality, appeal from to railroad commission. 540 
 
 passes, franks, or privileges not to be given to political committee or 
 
 candidate . 541 
 
 penalty, interference with railroad commission’s equipment . 549 
 
 violation of public utility act, generally . 548 
 
 withholding from or giving false information to railroad commission 547 
 See also, Penalties, supra. 
 
 poles, common user of facilities, compensation procedure. 487 
 
 practices, not specifically designated, regulated by commission. 551 
 
 product, units to be prescribed by commission . 500 
 
 standard of measurement to be fixed by commission . 501 
 
 commission may enter premises of utility to test . 503 
 
 profiles to be furnished to commission wnenever required. 519 
 
 prosecuting attorney to prosecute violations of law by. 5 53 
 
 public utility commissioners of I'nited States or other states, confer¬ 
 ence with . 514 
 
 rates, effective Jan. 1, 1911, maximum . 556 
 
 application for increase . 556 
 
 suspension temporarily by railroad commission . 550 
 
 unreasonable, not specifically designated, regulated by commission 551 
 
 rebates prohibited, penalty . 545 
 
 records, to be kept in manner prescribed by railroad commission. 491 
 
 no other record than those prescribed or approved may be kept. 491 
 
 production of, or copy, within state, on order of commission, penalty 516 
 
 to be furnished to commission whenever required. 519 
 
 reduced rates of service, when and to whom permitted . 542 
 
 exchange of facilities, in consideration of . 543 
 
 reports, to railroad commission, when required, details . 498 
 
 to be made to commission as required ... 519 
 
 of engineers, to be furnished to commission whenever required. 519 
 
 review, of municipal contract, ordinance or regulation by railroad com¬ 
 mission . 540 
 
 of orders of commission, see Suits Against Substituted Rates, infra, 
 rules governing inspections, investigations, etc., railroad commission 
 
 may adopt and amend ..... 513 
 
 schedules, accessibility to public, on file at stations and offices. 506 
 
 charges other than specified in, unlawful . 510 
 
 charges, notice to commission, shown on existing schedules. 508 
 
 commission may prescribe shorter time within which reduction to 
 
 be made . 508 
 
 form, commission may prescribe changes in . 511 
 
 joint rates, filing and publishing .. 507 
 
 revised, to be open to public . 509 
 
 of rates, tolls and charges to be filed with railroad commission. 504 
 
 not to exceed rates effective Jan. 1, 1911 . 504 
 
 printing and publication, accessibility to public . 506 
 
 rules and regulations affecting rates to be included. 505 
 
 suspension temporarily by railroad commission . 550 
 
 separate hearings on complaint may be ordered . 523 
 
 service, to be adequate and safe . 486 
 
 units to be fixed by commission . 500 
 
 standards of measurement to be fixed by commission. 501 
 
 commission may enter premises of utility to test . 503 
 
 unreasonable or inadequate, not specifically designated, regulated by 
 
 commission . 551 
 
INDEX. 
 
 43 
 
 PUBLIC UTILITIES—Continued. section. 
 
 street railways, common user of facilities, compensation, procedure. 487 
 
 subways, common user of facilities, compensation, procedure. 487 
 
 substituted rates, suit against, see Suits Against Substituted Rates, infra, 
 suits against substituted rates, see that title. 
 
 suspension, temporary, of order, rate or schedule by commission. 5 50 
 
 tariffs, see Schedules, supra, this title. 
 
 temporary suspension of order, rate or schedule by commission. 550 
 
 treble damages for violation of act, by . 546 
 
 units of service and products to be tixed by commission. 500 
 
 commission may enter premises of utility to test . 503 
 
 uniform accounts prescribed by commission.490, 491 
 
 uniform classification of public utility service. 512 
 
 unjust discrimination, prohibited, penalty . 542 
 
 exchange for facilities, in consideration of . 543 
 
 valuation of property of, hearing, revaluation .488-489 
 
 violation of laws by, commission to inquire into . 553 
 
 reported to attorney general for prosecution . 5 53 
 
 R 
 
 RAILROAD COMMISSION OF OREGON—accidents, investigation of. 552 
 
 accounts, of public utility, audit by commission .:. 495 
 
 allocation of items as presented . 495 
 
 for construction, additions and betterments prescribed by com¬ 
 mission . 497 
 
 inspection by commissioner, or person authorized by commission.... 515 
 kept outside state, commission may require production of, or copy 516 
 
 each commissioner may compel production . 526 
 
 uniform system prescribed by commission .490-491 
 
 additions to public utilities, forms and instructions for accounts pre¬ 
 scribed . 497 
 
 annual report to governor . 499 
 
 balance sheet of utility to be hied with annually. 494 
 
 blanks to be furnished utilities . 49 2 
 
 bonds, official of commissioners . 557a 
 
 railroad or public utility, commissioners not to be interested in.... 557a 
 
 books, accounts, etc., each commissioner may compel production. 526 
 
 commission may require access to . 49 5 
 
 kept outside state, commission may require production or copy. 312 
 
 or public utility, to be maintained in state when required by com¬ 
 mission . 493 
 
 terms of removal from state prescribed by commission. 49 3 
 
 inspection by commission or person authorized by commission. 515 
 
 of public utility, kept outside state, commission may require pro¬ 
 duction of, or copy . 516 
 
 business management, commission to inquire into, of public utilities.... 5 14 
 
 certified copies of orders to be furnished by .... 539 
 
 charges, reasonable, fixed by commission after hearing . 530 
 
 classification of services to be provided by . 512 
 
 clerks, employment by, compensation . 517 
 
 commissioners, not to hold office of profit, or position under political 
 
 party ... 5 57a 
 
 not to be interested in stocks, bonds, etc., of railroads or public 
 
 utilities . 557a 
 
 time of, entirely to be devoted to official duties. 5 5 7a 
 
 common user of facilities, etc., regulation . 487 
 
 complaints to, as to service or rates, investigation.......520-525 
 
 construction, new, of utilities, supervision ..... 487 
 
 contracts of utility, commissioners not to be interested in. 557a 
 
 conference with other public utility commissioners permitted. 5 14 
 
 conventions of public utility commissioners, commissioners may attend 5 14 
 
 copies of books, papers, etc., may be required by. 516 
 
 of orders to be furnished by, prima facie evidence.5 3 0, 5 39 
 
 counsel, employment, duties and compensation fixed by. 553 
 
 discrimination by utilities, regulation .542, 544 
 
 documents, each commissioner may compel production of. 526 
 
 emergency rates permitted by . 5 50 
 
 employees, commission may employ what, compensation . 517 
 
 entry upon premises of public utility for inspection or test 
 
 permitted . 503 
 
 examiners, appointment by commission .....517,518 
 
 powers of, hearings before . 518 
 
 expenses, how paid . 5 57 
 
44 
 
 INDEX. 
 
 RAILROAD COMMISSION OF OREGON—Continued. section. 
 
 expenses, how paid .'. 557 
 
 experts, employment, compensations . 517 
 
 expenses of, how paid . 557 
 
 extensions of utilities, forms and instructions for accounts prescribed.. 497 
 
 hearings, commission may adopt rules to regulate ... 513 
 
 to be open to public . 513 
 
 held before single commissioner or examiner .. 518 
 
 where held . 557 
 
 as to reasonableness, etc., of public utility rates or service. 525 
 
 information to, utility to furnish . 514 
 
 inspectors, employment, compensation . 517 
 
 investigation, rates and service, commission’s own motion. 524 
 
 interchange of business, traffic or product, ordered by. 487 
 
 management of utilities, inquiry into by . 514 
 
 measurement, standards and regulations for public utilities, commis¬ 
 sion to prescribe .'. 501 
 
 test of appliances by commission, fees . 502 
 
 commission may enter premises of utility to test . 503 
 
 offices may be maintained elsewhere than at capitol. 557 
 
 orders, certified copies to be furnished. 539 
 
 for substitution of reasonable rates or service. 530 
 
 may be amended or rescinded . 531 
 
 prima facie lawful and reasonable . 532 
 
 papers, books, etc., each commissioner may compel production. 526 
 
 of public utility, production compelled . 515 
 
 kept outside state, commission may require production or copy.... 516 
 
 practices not specifically designated, regulation by . 551 
 
 procedure before, commission may adopt rules to govern. 513 
 
 production of books and papers, and testimony, powers . 526 
 
 public utilities, general jurisdiction over . 485 
 
 qualification of commissioners, entire time devoted to office. 5 5 7a 
 
 rates, regulation of, see Charges, supra. 
 
 reconsideration when new evidence introduced on review in circuit 
 
 court . 535 
 
 record of proceedings before . 529 
 
 reduction in rates, time effective, prescribed by commission. 508 
 
 rehearing, on resubmission by circuit court to commission. 535 
 
 reports, of public utilities, when required, details . 498 
 
 report, annual and special, to be made to governor . 499 
 
 review of order of commission, see Suits Against Substituted Rates, 
 infra. 
 
 rules governing procedure of, adoption . 513 
 
 schedules, of utility rates, tolls and charges to be filed with commission 504 
 
 not to exceed rates effective January 1, 1911 . 504 
 
 printing and publication, accessibility to public . 506 
 
 rules and regulation affecting rates to be included . 505 
 
 service, investigation on complaint .520-525 
 
 investigation on commission’s own motion . 524 
 
 sessions, held elsewhere than capitol. 557 
 
 standards for measurement, prescribed by . 501 
 
 stenographer, transcript of proceedings, admissibility in evidence. 529 
 
 stocks, of public utility, commissioner not to be interested in. 557a 
 
 subpoenas, each commissioner may issue, penalty for disobedience. 526 
 
 substitution of reasonable rates or service.. 530 
 
 suits against substituted rates, see that title, infra. 
 
 supplies to be provided for . 5 57 
 
 technical omissions in administration of law disregarded. 554 
 
 testimony before, each commissioner may compel . 526 
 
 traveling expenses, commissioners and employees, payment. 557 
 
 units of service or product to be prescribed by . 500 
 
 utilities, general jurisdiction over . 4S5 
 
 uniform accounts prescribed by .490, 491 
 
 valuation of property of public utilities to be made by.488, 489 
 
 violation of law, commission to inquire into, and report to attorney 
 
 general for prosecution . 553 
 
 witnesses, attendance compelled before commissioners . 526 
 
 RAILROADS, interchange of passes or franks with certain public utilities 
 
 permitted . 542 
 
 REBATING forbidden, penalty . 545 
 
 RECEIVERS, when included in term public utility . 480 
 
 RECORD, of proceedings before commission. 529 
 
 of public utilities, kept as prescribed by commission . 491 
 
 production of, within state, before commission .516, 519 
 
 uniform accounts prescribed by commission .49 0, 491 
 
INDEX. 
 
 45 
 
 SECTION. 
 
 REDUCED FARE OR RATE, in consideration of exchange of facilities. 543 
 
 when and to whom utility may give ... 542 
 
 REFERENDUM, municipal contracts, franchises, etc., approved by, or 
 
 while pending, not reviewable by railroad commission. 540 
 
 REPORTS, annual, of commission to governor . 499 
 
 blanks for reports by utilities furnished by commission. 492 
 
 public utilities to make to commission . 498 
 
 REVIEW, by commission, of municipal contract with public utility, ordi¬ 
 nance or regulation . 540 
 
 of orders of commission, see Suits Against Substituted Rates. 
 
 RULES of procedure, commission may adopt and amend. 513 
 
 S 
 
 SCHEDULES accessibility to public, on file at stations and offices. 506 
 
 charges other than specified in, unlawful . 510 
 
 charges, notice to commission, shown on existing schedules. 508 
 
 commission may prescribe shorter time within which reduction to 
 
 be made . 508 
 
 form, commission may prescribe changes in . 511 
 
 joint rates, filing and publishing . 507 
 
 of rates, tolls and charges to be filed with railroad commission . 504 
 
 not to exceed rates effective January 1, 1911 . 504 
 
 printing and publication, accessibility to public . 506 
 
 revised to be open to public. 509 
 
 rules and regulations affecting rates to be included . 505 
 
 suspension temporarily by railroad commission . 550 
 
 SERVICE, of public utilities, to be adequate and safe . 486 
 
 defined . 483 
 
 investigation, on complaint or commission’s own motion . 520 
 
 order for substitution of reasonable and adequate service. 522 
 
 SLEEPING CAR COMPANIES, interchange of passes or franks with cer¬ 
 tain utilities permitted .:. 542 
 
 STANDARDS for measurement, commission to ascertain and fix . 50 1 
 
 STENOGRAPHER of commission, transcript of record by, admissibility in 
 
 evidence . 529 
 
 STREET RAILWAYS, included in term public utility . 480 
 
 interchange of passes or franks with certain other public utilities per¬ 
 mitted .:. 542 
 
 SUBPOENA, each commissioner may issue, penalty for disobeying . 526 
 
 SUITS AGAINST SUBSTITUTED RATES, appeal to supreme court . 536 
 
 bond upon injunction . 534 
 
 burden of proof . 537 
 
 claims for excess payments pending, assignable . 534 
 
 defendant, railroad commission to be . 533 
 
 evidence, rules of, as in civil actions . 537 
 
 grounds for . 5 33 
 
 hearing, on application for stay or suspension of order. 534 
 
 injunction against order, when issued, notice, bond . 534 
 
 practice as in civil actions . 537 
 
 precedence in hearing, circuit court . 533 
 
 on calendar of supreme court . 536 
 
 procedure in circuit and supreme court ... 533-537 
 
 reconsideration by commission upon submission by circuit court. 53 5 
 
 resubmission of matter to commission when new evidence introduced 535 
 
 service of process . 537 
 
 stay of order . 534 
 
 suspension of order . 534 
 
 time within which to be brought . 533 
 
 where to be brought . 533 
 
 within what time to be brought . 533 
 
 SUSPENSION, of order of commission by circuit court. 53 4 
 
 of rate, schedule or order, by commission . 550 
 
 T 
 
 TARIFFS, see Schedules, supra. 
 
 TECHNICAL OMISSIONS immaterial, in administration of act . 554 
 
46 
 
 INDEX. 
 
 SECTION. 
 
 TELEGRAPH AND TELEPHONE COMPANIES, included in term public utility 480 
 
 interchange of passes or franks with by certain utilities permitted. 542 
 
 of facilities with common carriers permitted . 542 
 
 TEST, of meters and measuring apparatus, by commission . 502 
 
 of products of service, regulations Tor prescribed by commission. 501 
 
 TESTIMONY, before commission, admissibility of transcript . 529 
 
 commissioners and examiners may compel production of. 526 
 
 TRANSCRIPT of testimony before, admissibility in evidence . 529 
 
 TRUSTEE, whom included in term public utility . 480 
 
 UNIFORM ACCOUNTS prescribed by commission for utilities.490, 491 
 
 penalty for failure to comply with commission’s order as to. 547 
 
 U 
 
 UNIFORM CLASSIFICATION, of public utilities service . 512 
 
 UNION DEPOT COMPANIES, interchange of passes or franks with certain 
 
 utilities permitted . 542 
 
 UNITS, of product or service, commission to prescribe . 500 
 
 UTILITIES, Public. See Public Utilities, supra. 
 
 V 
 
 VALUE, of public utilities property, ascertainment by commission.488, 489 
 
 W 
 
 WATER COMPANIES, included in term public utility . 480 
 
 WIRELESS TELEGRAPH OR TELEPHONE, included in term public utility.. 480 
 
 WITNESSES before commission, attendance and testimony compelled, 
 
 penalty . 526 
 
 depositions taken . 528 
 
 fees and mileage . 52 7 
 
 immunity when testimony compelled .<. 538