books, papers and documents of any public utility, and the Commission, each commissioner and any officer of the Commission or any employee authorized to administer oaths shall have power to examine under oath any officer, agent or employee of such public utility in relation to the business and affairs of said public utility."

& 314. Authority Under Seal of Commission Required When.-Provided, that any person other than a commissioner or an officer of the Commission demanding such inspection shall produce under the hand and seal of the Commission his authority to make such inspection.31

§ 315.

Written Record of Testimony, etc., to be Filed. And provided further, that a written record of the testimony or statement so given under oath shall be made and filed with the Commission."

§ 316. Production of Books and Records Kept Outside of State.-The Commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production 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 this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the Commission or under its direction."

§ 317. Complaints.-Complaint may be made by the Commission of its own motion or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricul

80 Section 58, p. 51.

81 Ib.

82 Ib., p. 52.

33 Section 59, p. 52.

tural or manufacturing association or organization or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public utility including any rule, regulation or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the Commission.34

§ 318.

To be Entered by Commission, When -Signature.-Provided, that no complaint shall be entertained by the Commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electrical, water or telephone corporation, unless the same be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, Commission, or other legislative body of the city and county, or city or town, if any, within which the alleged violation occurred, or not

84 Section 60, p. 52.

Initial jurisdictional question in every hearing before the Railroad Commission on complaint is whether, in the given case, the conduct of the railroad company is unreasonable, and such jurisdictional fact should be shown affirmatively to have been found by the Commission, Minneapolis, St. P. & Ste. M. R. Co. v. Railroad Commission (conc. op. Marshall & Bashford, JJ.), 136 Wis. 146, 116 N. W. 915.

Section 28, Oregon Railroad Commission Act (Laws 1907, c. 53, p. 82), enlarges the common law by permitting a municipal organization to make complaint of unjust discrimination, and empowering the Commission to hear and determine charges of unjust discrimination against a locality, and to give the requisite relief. Portland R. L. & P. Co. v. Railroad Commission, 56 Or. 468, 105 Pac. 712.

Under section 28 of the Oregon Railroad Commission Act (Laws 1907, c. 53, p. 82), fares may be changed by the Railroad Commission where found to be unjustly discriminatory although not unreasonable for the service performed. Portland R. L. & P. Co. v. Railroad Commission, 56 Or. 468, 105 Pac. 709.

Order of commissioners cannot be said to be unjust or unreasonable because the petitioners get less than they called for. Mo. O. & R. Co. v. State (Okl.), 119 Pac. 117.

As to the practice to be followed in such cases, see St. Louis & S. F. R. Co. v. Williams, 25 Okl. 662, 107 Pac. 428.

less than twenty-five consumers or purchasers or prospective consumers or purchasers, of such gas, electricity, water or telephone service.

35

§ 319. Joinder of Grounds - Misjoinder or Nonjoinder of Parties, Immaterial-Rule Applies on Review. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties; and in any review by the courts of orders or decisions of the Commission the same rule shall apply with regard to the joinder of causes and parties as herein provided."

§ 320. No Dismissal for Want of Direct Damage. The Commission shall not be required to dismiss any complaint because of the absence of direct damage to the complainant."7

§ 321.

Copy to be Served on Corporation, etc.-Upon the filing of a complaint, the Commission shall cause a copy thereof to be served upon the corporation or person complained of."

35 Section 60, p. 52.

36 Ib.

87 Ib.

88 Ib.

Carrier or other person interested having been notified and appearing before the Commission and contesting the matter in the manner provided by statute constitutes due process of law. State ex rel. Taylor v. Missouri Pac. R. Co., 76 Kan. 467, 487, 92 Pac. 606; citing Railroad Commissioner v. Atlantic Coast Line R. Co., 71 S. C. 130, 50 S. E. 641; Louisville & N. R. Co. v. Schmidt, 177 U. S. 230, 20 Sup. Ct. 620, 44 L. ed. 747.

"It is no wrong opinion to contend that the due process clause of the Fourteenth Amendment to the constitution of the United States does not control merely forms of procedure in state courts or regulate practice therein. All its requirements are complied with, provided in the proceedings which are claimed to have been due process of

§ 322. Service may be Made upon Whom, and How. Service in all hearings, investigations, and proceedings pending before the Commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Code of Civil Procedure of this state, and may be made personally or by mailing in a sealed envelope, registered, with postage prepaid."

§ 323. Fixing Hearing-Ten Days' Notice.The Commission shall fix the time when and place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the Commission shall find that public necessity requires that such hearing be held at an earlier date."

§ 324. Hearings-Who may Introduce Evidence at. At the time fixed for any hearing before the Commission or a commissioner, or the time to which the same may have been continued, the complainant and the corporation or person complained of, and such corporations or persons as the Commission may allow to intervene, shall be entitled to be heard and to introduce evidence."1

law the person affected has had sufficient notice and adequate opportunity has been offered him to defend." Louisville & N. R. Co. v. Schmidt, 177 U. S. 230, 236, 20 Sup. Ct. 620, 44 L. ed. 787.

Notice of hearing before the Board of Railroad Commissioners had upon a complaint filed with such board and appearance and participation in such hearing constitutes due process of law. State ex rel. Taylor v. Missouri Pac. R. Co., 76 Kan. 467, 92 Pac. 606.

Where no hearing is provided for, no summons or notice to the company to appear before the Commission, no opportunity provided for the company to introduce witnesses before the Commission, and the like, the law is invalid. Chicago, M. & St. P. R. Co. v. Minnesota, 134 U. S. 418, 10 Sup. Ct. 702, 33 L. ed. 970.

39 Section 60, p. 52.

41 Section 61 (a), p. 53.

§ 325. Process and Enforcing Attendance of Witnesses. The Commission shall issue process to enforce the attendance of all necessary witnesses."

$ 326. - Order on, to be Filed-Decision.After the conclusion of the hearing, the Commission shall make and file its order, containing its decision.“3 § 327. Copy of Order to be Served.—A copy of such order, certified under the seal of the Commission, shall be served upon the corporation or person complained of, or his or its attorney."

§ 328. Order to be Operative in Twenty Days -Exceptions.-Said order shall, of its own force, take effect and become operative twenty days after the service thereof, except as otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the Commission.45

§ 329. Where Order cannot be Complied With in Twenty Days.-If an order cannot, in the judgment of the Commission, be complied with within twenty days, the Commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may on application and for good cause shown, extend the time for compliance fixed in its order.10

§ 330.

Full and Complete Record - Testimony.-A full and complete record of all proceedings had before the Commission or any commissioner on

42 Ib.

48 Ib.

44 Ib.

45 Ib.