§ 373.

Who Entitled to Appear at and Put in Evidence. All public utilities affected shall be entitled to be heard and to introduce evidence at such hearing or hearings."

§ 374. Scope of Inquiry -Evidence.-The Commission is empowered to resort to any other source of information available. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the Commission."1

§ 375. Findings of Fact in Writing to be Filed. The Commission shall make and file its findings of fact in writing upon all matters concerning which evidence shall have been introduced before it which in its judgment have bearing on the value of the property of the public utility affected."

§ 376. Findings of Fact Subject to Review.Such findings shall be subject to review by the supreme court of this state in the same manner and within the same time as other orders and decisions of the Commission.93

§ 377. Findings of Commission Admissible as Evidence. The findings of the Commission so made and filed, when properly certified under the seal of the Commission, shall be admissible in evidence in any action, proceeding or hearing before the Commission or any court, in which the Commission, the state or any officer, department or institution thereof, or any county, city and county, municipality or other body politic and the public utility affected may be interested whether arising under the provisions of this act

90 Ib.

91 Ib.

92 Ib.

or otherwise, and such findings, when so introduced, shall be conclusive evidence of the facts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined."

§ 378. Further Hearings from Time to Time. The Commission may from time to time cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions or extensions made by any public utility subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those theretofore made.95

§ 379. Further Hearing shall be on Written Notice. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided herein for such original notice, hearing and findings."

$ 380. Findings at Supplemental Hearings— Considered With Original Finding.-Provided, that such findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except in so far as such supplemental findings shall change or modify the findings made at the original hearing or investigation."

94 Ib.

95 Ib.

96 Ib., p. 59.

§ 381.

Excessive or Discriminatory ChargeReparation. When complaint has been made to the Commission concerning any rate, fare, toll, rental or charge for any product or commodity furnished or service performed by any public utility, and the Commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, commodity or service, the Commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection; provided, no discrimination will result from such reparation."

98

§ 382. Failure to Comply With Order of Reparation-Action.-If the public utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the

§ 383. Complaints Concerning and Petition in Action-Limitation.-All complaints concerning excessive or discriminatory charges shall be filed with the Commission within two years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one year from the date of the order of the Commission,100

§ 384. Remedy Provided is Cumulative. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies in this act provided in case of failure of a public utility to obey an order or decision of the Commission.101

98 Section 71 (a), p. 59.

99 Section 71 (b), p. 59.

100 Ib.

101 Ib.

§ 385. Commission Shall Enforce Laws-Action in Name of People. It is hereby made the duty of the Commission to see that the provisions of the constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed, and that violations thereof are promptly prosecuted and penalties due the state therefor recovered and collected, and to this end it may sue in the name of the people of the state of California.102

§ 386. Attorney General and District Attorney to Aid.-Upon the request of the Commission, it shall be the duty of the attorney general or the district attorney of the proper county or city and county to aid in any investigation, hearing or trial had under the provisions of this act, and to institute and prosecute actions or proceedings for the enforcement of the provisions of the constitution and statutes of this state affecting public utilities and for the punishment of all violations thereof.10%

§ 387. Public Utilities Liable for Damages-Who Entitled to Damages.—In case any public utility shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done, either by the constitution, any law of this state or any order or decision of the Commission, such public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omission was willful, the court may in addition to the

102 Section 72, p. 59.

103 Ib.

actual damages award damages for the sake of example and by way of punishment.104

§ 388.

Jurisdiction of Action-Who may

Bring. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any corporation or person.105

§ 389. Recovery by Individuals, etc., not to Affect Right of State to Penalties.-No recovery as in this section provided shall in any manner affect a recovery by the state of the penalties in this act provided or the exercise by the Commission of its power to punish for contempt.108

§ 390. Effect of Act-Right of State to Penalties, etc., not Affected. This act shall not have the effect to release or waive any right of action by the state, the Commission, or any person or corporation for any right, penalty or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this state."

§ 391.

107

Penalties Provided Cumulative.—All penalties accruing under this act shall be cumulative of each other, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person, or be a bar to the exercise by the Commission of its power to punish for contempt.108

104 Section 73 (a), p. 59.

105 Ib., p. 60.

106 Section 73 (b), p. 60.

107 Section 74 (a), p. 60.

108 Section 74 (b), p. 60.