VII.

STIPULATION OF FACTS.

The parties to any proceeding or investigation before the Commission may, by stipulation in writing filed with the secretary, agree upon the facts, or any portion thereof involved in the controversy, which stipulation shall be regarded and used as evidence on the hearing. It is desired that the facts be thus agreed upon whenever practicable.

VIII.

HEARINGS ON COMPLAINT.

Upon issue being joined by the service of an answer or notice of hearing on the petition, the Commission will assign a time and place for hearing the case, which will be at its office in the city of Madison, unless otherwise ordered. Witnesses will be examined orally before the Commission, unless their testimony be taken or the facts be agreed upon as provided for in these rules. The complainants must in all cases establish the facts alleged to constitute a violation of the law, unless the carrier or utility complained against admits the same or fails to answer the petition. The carrier or utility must also prove facts alleged in the answer, unless admitted by the petitioner, and fully disclose its defense at the hearing.

In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable, and make such order thereon as the circumstances of the case appear to require.

Cases shall be argued orally upon submission of the testimony, unless a different time shall be agreed upon by the parties or directed by the Commission, but oral argument may be omitted in the discretion of the Commission.

IX.

HEARINGS ON VALUATION.

In case of valuation of a public utility, copies of the tentative valuation of the physical property of the utility made by the engineers of the Commission will be served on the parties in interest, and within eight days after the service of the same all parties intending to appear at the hearing on such valuation shall file, in duplicate, with the secretary of the Commission a statement, by way of answer, setting forth in detail the objections to such tentative valuation. The Commission may require the answer to be filed within a shorter time, or may, upon good cause shown, extend such time. The Commission will assign a time and place for a hearing on such valuation, which will be in its office in the city of Madison, unless otherwise ordered.

X.

DEPOSITIONS.

The testimony of any witness may be taken by deposition, at the instance of a party, in any proceeding or investigation before the Commission, and at any time after the same is at issue. The Commission may also order testimony to be taken by deposition in any proceeding or investigation pending before it, at any stage of such proceeding or investigation. Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas of any of the United States, or any notary public, not being of counsel or attorney to either of the parties, or otherwise interested in the proceeding or investigation, or, in case of complaint against a utility, by any person duly authorized by the Commission. The same notice of taking depositions that is required by the laws of Wisconsin in taking depositions in civil cases must be given in writing by the party or his attorney proposing to take such

deposition to the opposite party or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition, and a copy of such notice shall be filed with the secretary.

When testimony is to be taken on behalf of a carrier or utility in any proceeding instituted by the Commission on its own motion, notice thereof, in writing, must be given by such carrier or utility to the Commission itself, or to such person as may have been previously designated by the Commission to be served with such notice.

Every person whose deposition is taken shall be sworn (or may affirm, if he so request) to testify the whole truth, and shall be carefully examined. His testimony shall be reduced to writing, which may be typewriting, by the magistrate taking the deposition, or under his direction, and shall, after it has been reduced to writing, be subscribed by the witness.

XI.

BRIEFS.

Briefs shall be filed by each party to the case, or by any party interested in the proceeding, setting forth the leading facts or conclusions which the evidence tends to prove, and referring to the particular part of the record relied upon to support such facts or conclusions. The brief on the part of the petitioner shall be filed within ten days after the receipt of the transcript of the testimony, and the brief on the part of the respondent within fifteen days after the receipt of such transcript, unless a different time shall be directed by the Commission. A copy of the brief filed on behalf of any party must at the same time be served upon the adverse party or parties, personally or by mail, and notice of such service filed with the secretary of the Commission. The time within which such briefs shall be filed will be determined by the Commission upon submission of the testimony. The Commission may, in its discretion, suspend this rule in any case.

XII.

RE-HEARINGS.

Applications for re-opening a case after final submission, or for re-hearing after decision made by the Commission, must be by petition, and must state specifically the grounds upon which the application is based. If such application be to re-open the case for further evidence, the nature and purpose of such evidence must be briefly stated, and the same must not be merely cumulative. If the application be for a re-hearing, the petition must specify the findings of fact and conclusions of law claimed to be erroneous, with a brief statement of the grounds of error; and when any recommendation, decision, or order of the Commission is sought to be reversed, changed or modified on account of facts and circumstances arising subsequent to the hearing, or of consequences resulting from compliance with such recommendation, decision or order which are claimed to justify a reconsideration of the case, the matters relied upon by the applicant must be fully set forth. Such petition must be duly verified, and a copy thereof, with notice of the time and place when the application will be made, must be served upon the adverse party at least ten days before the time named in such notice.

XIII.

WITNESSES AND SUBPOENAS.

Subpoenas requiring the attendance of witnesses from any place in the state of Wisconsin to any designated place of hearing, for the purpose of taking the testimony of such witnesses orally before one or more members of the Commission, or by deposition before a magistrate or person authorized to take the same, will, upon the application of either party, or upon the order of the Commission directing the taking of such testimony, be issued by any member of the Commission or any duly authorized agent of the Commission.

Subpoenas for the production of books, papers or documents

(unless directed to issue by the Commission upon its own motion) will only be issued upon application in writing. Applications to compel a party to the proceeding to produce books, papers or documents need only set forth in a general way the books, papers or documents desired to be produced, and that the applicant believes they will be of service in the determination of the case.

XIV.

WITNESS FEES.

Witness fees will be paid by the state to witnesses subpoenaed at the instance of the Commission or its duly authorized agent. Witness fees will be paid by the state to witnesses subpoenaed at the instance of parties other than the Commission or its duly authorized agent in the discretion of the Commission. No witness fees will be allowed except on subpoena.

XV.

APPLICATION FOR CERTIFICATE OF CONVENIENCE AND NECESSITY-RAILROAD.

Application for a certificate of public convenience and necessity shall give such history of the petitioner as shall be applicable; the route of proposed railroad, street railroad, or extension, giving the names of the cities, villages or towns in and through which it is to be constructed; the name of each railroad and street railroad with which the proposed construction is likely to compete; facts showing the proposed construction to be required by public convenience and a necessity; a statement of its financial condition and the manner in which it proposes to finance the proposed construction; all other facts deemed material by the petitioner.

The petition must be accompanied by complete maps and profiles, showing the location and route of the proposed construction, together with a general map, drawn to such scale as will show the location of all cities and villages within three miles

74-R. R.