debtedness, except as to a corporation or person taking the same otherwise than in good faith and for value and without actual notice." $ 279. Penalty for Issuing Bonds, etc., Without Authorization, and for Failure to Apply Proceeds as Directed.-Every public utility which, directly or indirectly, issues or causes to be issued, any stock or stock certificate, or bond, note or other evidence of indebtedness, in nonconformity with the order of the Commission authorizing the same, or contrary to the provisions of this act, or of the constitution of this state, or which applies the proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose or purposes specified in the Commission's order, as herein provided, or to any purpose specified in the Commission's order in excess of the amount in said order authorized for such purpose, is subject to a penalty of not less than five hundred dollars nor more than twenty thousand dollars for each offense." § 280. Felony to Issue Bonds, Stock, etc., Without Authorization, or to Apply Otherwise Than as Directed.-Every officer, agent or employee of a public utility, and every other person who knowingly authorizes, directs, aids in, issues or executes, or causes to be issued or executed, any stock or stock certificate, or bond, note or other evidence of indebtedness, in nonconformity with the order of the Commission authorizing the same, or contrary to the provisions of this act, or of the constitution of this state, or who, in any proceeding before the Commission, knowingly makes any false statement or representation or with knowledge of its falsity files or causes to be filed with the Commission any false statement or representation, 74 Section 52 (d), p. 47. 75 Section 52 (e), p. 47. which said statement or representation so made, filed or caused to be filed may tend in any way to influence the Commission to make an order authorizing the issue of any stock or stock certificate, or any bond, note or other evidence of indebtedness, or which results in procuring from the Commission the making of any such order, or who, with knowledge that any false statement or representation was made to the Commission, in any proceeding, tending in any way to influence the Commission to make such order, issues or executes or negotiates, or causes to be issued, executed or negotiated any such stock or stock certificate, or bond, note or other evidence of indebtedness, or who, directly or indirectly, knowingly applies, or causes or assists to be applied the proceeds or any part thereof, from the sale of any stock or stock certificate, or bond, note or other evidence of indebtedness, to any purpose not specified in the Commission's order, or to any purpose specified in the Commission's order in excess of the amount authorized for such purpose, or who, with knowledge that any stock or stock certificate, or bond, note or other evidence of indebtedness, has been issued or executed in violation of any of the provisions of this act, negotiates, or causes the same to be negotiated, shall be guilty of a felony." § 281. State not Obligated by Authorization of Bond Issue, etc.-No provision of this act, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the state of California to pay or guarantee, in any manner whatsoever, any stock or stock certificate, or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of this act." 76 Section 52 (f), p. 47. 77 Section 52 (g), p. 48. § 282. Issue of Bonds, Stock, etc., After Act Takes Effect, Without Prior Authorization, Void.—All stocks and stock certificates, and bonds, notes and other evidences of indebtedness issued by any public utility after this act takes effect, upon the authority of any articles of incorporation or amendments thereto or vote of the stockholders or directors filed, taken or had, or other proceedings taken or had, previous to the taking effect of this act, shall be void, unless an order of the Commission authorizing the issue of such stocks or stock certificates, or bonds, notes or other evidences of indebtedness shall have been obtained from the Commission prior to such issue." § 283. Power of Commission to Impose Conditions. The Commission may by its order impose such condition or conditions as it may deem reasonable and necessary." 78 Section 52 (h), p. 49. 79 Ib. CHAPTER IX. PROCEDURE BEFORE RAILROAD COMMISSION AND § 284. 285. 286. § 287. § 288. Rule for Hearings-Rules of Evidence. Informalities not to Prejudice. Process-Power to Issue. Extends to All Parts of State-Service of. § 289. Witnesses-Documents and Papers. § 290. 291. § 292. § 293. § 294. § 295. § 296. § 297. § 298. § 299. § 300. § 301. § 302. §. 303. § 304. § 305. § 306. § 307. § 308. age. Fees and Mileage-By Whom Paid. Subpoenaed by Commission-Payment of Fees and Mile May Demand Fees and Mileage-Exceptions. Fees Demanded not Paid-Witness Need not Attend. Traveling on Free Transportation not to Receive Mileage. No Person shall be Excused from Testifying, etc.-But not to be Prosecuted. No Person Testifying to be Exempt from Prosecution for Perjury. Public Utilities not Given Immunity. Paper Filed With Commission, Certified Copies to be Evidence. Orders, etc., of Commission-To be in Writing and Entered of Record. May be Recorded by County Recorder, When-Impart Notice. Certificate of Note, etc.-Recording. § 309. Fees to be Charged and Collected by Commission. § 310. § 311. § 312. § 313. § 314. § 315. No Fee When Bond Issue for Refunding, Discharge, etc. No Fee for Copies of Paper or Records, When, or for Annual Report. To be Paid into State Treasury Once a Week-Detailed Statements. Inspection of Books, Papers and Documents. Authority Under Seal of Commission Required When. Written Record of Testimony, etc., to be Filed. 316. Production of Books and Records Kept Outside of State. 317. Complaints. To be Entered by Commission, When-Signature. Joinder of Grounds-Misjoinder or Nonjoinder of Parties, Immaterial-Rule Applies on Review. No Dismissal for Want of Direct Damage. Copy to be Served on Corporation, etc. Service may be Made upon Whom, and How. Fixing Hearing-Ten Days' Notice. Hearings-Who may Introduce Evidence at. Process and Enforcing Attendance of Witnesses. Copy of Order to be Served. Order to be Operative in Twenty Days-Exceptions. Action to Review Order-Transcript on. Action to Review Order-Stipulating Question. Public Utility may Complain. Increase in Rates. Hearing on Individual Rate, etc.-Not to Go into Effect Until Ordered. Suspension not to be Beyond Twenty Days-Extension of Period. On Hearing Rate to be Fixed by Commission. § 318. § 319. § 320. § 321. § 322. § 323. § 324. § 325. § 326. § 327. § 328. § 329. § 330. § 331. § 332. § 333. § 334. § 335. § 336. § 337. § 338. § 339. § 340. § 341. § 342. § 343. § 344. § 345. § 346. § 347. § 348. § 349. § 350. § 351. § 352. § 353. § 354. § 355. § 356. Right to Appear at. § 357. Go into Effect in Thirty Days from Filing, Unless Otherwise Ordered. Commission may Change Orders and Decisions. Necessary to Action on Review. Application to Set Forth Specifically Grounds-Other Grounds Excluded. on. Made Ten Days or More Before Order Effective-Decision Made Less Than Ten Days Before Order Effective-Decision for Extension of Date. Application Granted Without Suspending Order-Affirmance of Decision Implied When. Application for not to Excuse Noncompliance. Abrogation, Change or Modification of Order on. Orders After Rehearing-Effect of Original Order. Review-Application for Writ of-When to be Made. Hearing on Return Day-Continuance. New Evidence not Allowed-To be Heard upon the Record. Findings and Conclusion of Commission Final on. Judgment of Supreme Court. |