order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the Commission. A copy of said order shall be served upon said witness."

15

§ 299. Failure to Obey Court's Order to Appear-Contempt.-If it shall appear to the court that said subpoena was regularly issued by the Commission or a commissioner, the court shall thereupon enter an order that said witness appear before the Commission or said commissioner at the time and place fixed in said order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court.1

§ 300. Failure to Appear-Remedy Provided Cumulative. The remedy provided in this subsection is cumulative, and shall not be construed to impair or interfere with the power of the Commission or a commissioner to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record.1

§ 301. Deposition of may be Taken-Compelling Attendance for, With Books, etc.-The Commission or any commissioner or any party may, in any investigation or hearing before the Commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the

15 Ib.

16 Ib., p. 50.

attendance of witnesses and the production of books, waybills, documents, papers and accounts."

§ 302. No Person Shall be Excused from Testifying, etc.-But not to be Prosecuted.-No person shall be excused from testifying or from producing any book, waybill, document, paper or account in any investigation or inquiry by or hearing before the Commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, waybill, document, paper or account required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which he shall, under oath have testified. or produced documentary evidence.19

§ 303. No Person Testifying to be Exempt from Prosecution for Perjury.-Provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.20

18 Section 55 (c), p. 50.

19 Section 55 (d), p. 50.

Immunity of witnesses, provided for in section 37 of the Oregon Railroad Commission Act (Laws 1907, c. 53, p. 59), extending only to natural persons, etc., is modeled upon act of Congress of June 30, 1906 (34 Stats. at Large, 798), for investigation of interstate rates-proceedings before Interstate Commerce Commission; section 47 of the Oregon Railroad Commission Act (Oregon Laws, 1907, c. 53, p. 93) is identical with section 21 of the Wisconsin Railroad Commission Act, and the deduction made is that the legislature intended by the Railroad Commission Act to regulate interstate traffic within the state only, and did not intend or seek to regulate interstate commerce in violation of the commerce clause of the federal constitution, Oregon R. & Nav. Co. v. Campbell, 173 Fed. 980.

20 Section 55 (d), p. 50.

§ 304. Public Utilities not Given Immunity.— Nothing herein contained shall be construed as in any manner giving to any public utility immunity of any kind.21

§ 305. Paper Filed With Commission, Certified Copies to be Evidence.-Copies of all official documents and orders filed or deposited according to law in the office of the Commission, certified by a commissioner or by the secretary under the official seal of the Commission to be true copies of the originals, shall be evidence in like manner as the originals."

22

§ 306. Orders, etc., of Commission-To be in Writing and Entered of Record. Every order, authorization or certificate issued or approved by the Commission under any provision of sections 38, 39, 40, 41, 43, 50, 51 or 52 of this act shall be in writing and entered on the records of the Commission.23

§ 307. May be Recorded by County Recorder, When-Impart Notice.-Any such order, authorization or certificate, or a copy thereof, or a copy of the record of any such order, authorization or certificate, certified by a commissioner or by the secretary under the official seal of the Commission to be a true copy of the original order, authorization, certificate or entry,

21 Ib.

22 Section 56 (a), p. 50.

As to admissibility of public rates of classification and schedule as evidence, and their effect as evidence of the rates of charge fixed by the Commission, see Chicago, B. & Q. R. Co. v. Jones, 149 Ill. 361, 37 N. E. 247.

A schedule of rates certified by the secretary of the Commission is admissible in evidence under the Iowa statute of April 15, 1888, "without further proof." Where certified by the Commission, and where the identity of the schedule is not questioned, a defect in the form of the certificate is immaterial. Hooper v. Chicago, M. & St. P. R. Co., 91 Iowa, 639, 60 N. W. 487.

23 Section 56 (b), p. 50.

may be recorded in the office of the recorder of any county, or city and county, in which is located the principal place of business of any public utility affected thereby, or in which is situated any property of any such public utility, and such record shall impart notice of its provisions to all persons."

§ 308.

Certificate of Note, etc.-Recording.A certificate under the seal of the Commission that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with like effect.25

§ 309. Fees to be Charged and Collected by Commission. The Commission shall charge and collect the following fees: for copies of papers and records not required to be certified or otherwise authenticated by the Commission, ten cents for each folio; for certified . copies of official documents and orders filed in its office, fifteen cents for each folio and one dollar for every certificate under seal affixed thereto; for certifying a copy of any report made by a public utility, two dollars; for each certified copy of the annual report of the Commission, one dollar and fifty cents; for certified copies of evidence and proceedings before the Commission, fifteen cents for each folio; for certificate authorizing an issue of bonds, notes or other evidences of indebtedness, one dollar for each thousand dollars of the face value of the authorized issue or fraction thereof up to one million dollars, and fifty cents for each one thousand dollars over one million dollars and up to ten million dollars, and twenty-five cents for each one thousand dollars over ten million dollars,

25 Ib., p. 51.

with a minimum fee in any case of two hundred and fifty dollars.20

§ 310. No Fee When Bond Issue for Refunding, Discharge, etc.-Provided, that no fee shall be required when such issue is made for the purpose of guaranteeing, taking over, refunding, discharging or retiring any bond, note or other evidence of indebtedness up to the amount of the issue guaranteed, taken over, refunded, discharged or retired."

§ 311. No Fee for Copies of Paper or Records, When, or for Annual Report.-No fees shall be charged or collected for copies of papers, records or official documents, furnished to public officers for use in their official capacity, or for the annual reports of the Commission in the ordinary course of distribution, but the Commission may fix reasonable charges for publications issued under its authority."

§ 312. To be Paid into State Treasury Once a Week-Detailed Statements.-All fees charged and collected under this section shall be paid, at least once each week, accompanied by a detailed statement thereof, into the treasury of the state to the credit of a fund to be known as the "Railroad Commission Fund," which fund is hereby created."

§ 313. Inspection of Books, Papers and Documents. The Commission, each commissioner and each officer and person employed by the Commission shall have the right, at any and all times, to inspect the accounts,

26 Section 57, p. 51.

Railroad regulation providing for attorneys' fees to be taxed as costs in stipulated proceedings is a valid provision. See Atlantic Coast Line R. Co. v. Riverside Mills, 219 U. S. 186, 31 Sup. Ct. 184, 55 L. ed. 167. 27 Section 57, p. 51.

28 Ib.