any formal hearing had, and all testimony shall be taken down by a reporter appointed by the Commission, and the parties shall be entitled to be heard in person or by attorney."

§ 331.

Action to Review Order-Transcript on. In case of an action to review any order or decision of the Commission, a transcript of such testimony, together with all exhibits or copies thereof introduced and all information secured by the Commission on its own initiative and considered by it in rendering its order or decision, and of the pleadings, record and proceedings in the cause, shall constitute the record of the Commission.48

§ 332.

Action to Review Order-Stipulating Question. Provided, that on review of an order or decision of the Commission, the petitioner and the Commission may stipulate that a certain question or questions alone and a specified portion only of the evidence shall be certified to the supreme court for its judgment, whereupon such stipulation and the question or questions and the evidence therein specified shall constitute the record on review.""

§ 333. Public Utility may Complain.-Any public utility shall have a right to complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be heard ex parte by the Commission or may be served upon any parties designated by the Commission,50

47 Ib.

48 Ib.

50 Section 62, p. 53.

§ 334. Increase in Rates.-No public utility shall raise any rate, fare, toll, rental or charge or so alter any classification, contract, practice, rule or regulation as to result in an increase in any rate, fare, toll, rental or charge, under any circumstances whatsoever, except upon a showing before the Commission and a finding by the Commission that such increase is justified."1

§ 335. Hearing on Individual Rate, etc.-Not to Go into Effect Until Ordered.-Whenever there shall be filed with the Commission any schedule stating an individual or joint rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation, not increasing or resulting in an increase in any rate, fare, toll, rental or charge, the Commission shall have power, and it is hereby given authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleadings by the interested public utility or utilities, but upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation, and pending the hearing and the decision thereon such rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation shall not go into effect.52

§ 336. Suspension not to be Beyond Twenty Days-Extension of Period.-Provided, that the period of suspension of such rate, fare, toll, rental, charge, classification, contract, practice, rule or regulation shall not extend beyond one hundred and twenty days beyond the time when such rate, fare, toll, rental,

51 Section 63 (a), p. 53.

As to power of public utilities company to increase rates in the absence of any attempt by the proper body to fix rates, see Osbourne v. San Diego L. & T. Co., 178 U. S. 22, 20 Sup. Ct. 860, 44 L. ed. 961. 52 Section 63 (b), p. 53.

charge, classification, contract, practice, rule or regulation would otherwise go into effect unless the Commission, in its discretion, extends the period of suspension for a further period not exceeding six months."

§ 337. On Hearing Rate to be Fixed by Commission. On such hearing the Commission shall establish the rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules or regulations proposed, in whole or in part, or others in lieu thereof, which it shall find to be just and reasonable."

§ 338. Go into Effect in Thirty Days from Filing, Unless Otherwise Ordered. All such rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules or regulations not so suspended shall, on the expiration of thirty days from the time of filing the same with the Commission, or of such lesser time as the Commission may grant, go into effect and be the established and effective rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules and regulations, subject to the power of the Commission, after a hearing had on its own motion or upon complaint, as herein provided, to alter or modify the same.55

§ 339. Commission may Change Orders and Decisions. The Commission may at any time, upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility

53 Ib., p. 54.

54 Ib.

affected, have the same effect as is herein provided for original orders or decisions."

§ 340.

56

Orders and Decisions-Conclusion in Collateral Proceedings. In all collateral actions or proceedings, the orders and decisions of the Commission which have become final shall be conclusive."7

§ 341. Rehearings-Who may Apply for-Granted When. After any order or decision has been made by the Commission, any party to the action or proceeding, or any stockholder or bondholder or other party pecuniarily interested in the public utility affected, may apply for a rehearing in respect to any matters determined in said action or proceeding and specified in the application for rehearing, and the Commission may grant and hold such rehearing on said matters, if in its judgment sufficient reason therefor be made to appear.58

§ 342.

Necessary to Action on Review.-No cause of action arising out of any order or decision of the Commission shall accrue in any court to any corporation or person unless such corporation or person shall have made, before the effective date of said order or decision, application to the Commission for a rehearing."

§ 343. Application to Set Forth Specifically Grounds-Other Grounds Excluded. Such application shall set forth specifically the ground or grounds on which the applicant considers said decision or order to be unlawful. No corporation or person shall in any

56 Section 64, p. 54. 57 Section 65, p. 54. 58 Section 66, p. 54.

court urge or rely on any ground not so set forth in said application.

60

§ 344. Made Ten Days or More Before Order Effective-Decision on.-Any application for a rehearing made ten days or more before the effective date of the order as to which a rehearing is sought, shall be either granted or denied before such effective date, or the order shall stand suspended until such application is granted or denied."1

§ 345. Made Less Than Ten Days Before Order Effective-Decision for Extension of Date.Any application for a rehearing made within less than ten days before the effective date of the order as to which a rehearing is sought, and not granted within twenty days, may be taken by the party making the application to be denied, unless the effective date of the order is extended for the period of the pendency of the application.62

§ 346. Application Granted Without Suspending Order-Affirmance of Decision Implied When.—If any application for a rehearing be granted without a suspension of the order involved, the Commission shall forthwith proceed to hear the matter with all dispatch and shall determine the same within twenty days after final submission, and if such determination is not made within said time, it may be taken by any party to the rehearing that the order involved is affirmed."3

§ 347.

Application for not to Excuse Noncompliance. An application for rehearing shall not

60 Ib., p. 55.

61 Ib.

62 Ib.