shall find that the telephone service is inadequate, or unusually or unjustly discriminatory, it shall determine and fix a reasonable service to be installed.

A number of complaints under this provision have been filed, some of which were adjusted between the parties and complaints withdrawn; others are still pending, but none have been heard.

SPUR TRACKS TO INDUSTRIES.

(Ch. 352, L. 1907.)

This statute requires every railroad to provide a reasonably adequate and suitable spur track to the grounds of any industry or enterprise when such spur track is practically indispensable to the operation of such industry or enterprise, and provided that the track does not exceed two miles in length, no railroad being required to provide a spur track at points where it would be unusually unsafe or dangerous. The entire cost of the construction of the spur track must be borne by the owner of the industry or enterprise.

In cases where the railroad refuses to comply with the provisions of the law the owner of the industry may file a complaint with this Commission setting forth the facts, and after notice and hearing it may make an order in accordance with. its findings of law and fact, and its order shall have the same force and effect as any other order in any proceeding properly begun under the Railroad Commission law. Two complaints have been filed under this provision. In one case the complainant died while the matter was pending and its executor has asked to have further consideration indefinitely postponed. the other case the prayer of the petitioner was granted and a side track ordered to be constructed. This decision will be included in the next annual report.

In

PROPERTY OF STREET RAILWAY COMPANIES-PURCHASE OF BY

CITIES. (Ch. 578, L. 1907.)

This enactment provides, among other things, that every license hereafter granted to a street railway company shall have the effect of an indeterminate permit. Any street rail

way company operating under a prior franchise may surrender such franchise by filing a written declaration to that effect with this Commission and with the clerk of the municipality in which the company is operating, and receive, by operation of law, in lieu thereof, an indeterminate permit as provided for other utilities in the Public Utilities Law. Under the provisions of this law any municipality in which the major part of the property of such a street railway company may lie, may purchase the property by paying a just compensation to be determined by this Commission.

REGULATING THE STRINGING OF ELECTRIC WIRES OVER RAILWAY

TRACKS. (Ch. 291, L. 1907.)

This statute provides certain specifications to be followed in supporting electric wires running over any railroad tracks, giving the height above the track, size of poles, etc., and the duty of enforcing the law lies with this Commission.

WISCONSIN RIVER IMPROVEMENT COMPANY. (Ch. 335, L. 1907.)

Chapter 335 authorized the above named company to construct and maintain a series of water reservoirs on the tributaries of the Wisconsin river and to lease water power and receive therefor a net revenue not to exceed six per cent., the tolls to be fixed semi-annually by this Commission. The company can issue no stocks or bonds without the approval of the Commission, which must ascertain before the approval that the issue is to be at par and in consideration of cash, labor or property at its true money value actually received by the company.

PART II.

Formal Complaints.

No. 98.

CITY OF MILWAUKEE

VS.

THE MILWAUKEE ELECTRIC RAILWAY & LIGHT COMPANY.

A complaint on the part of the city of Milwaukee was filed with the Commission on December 1, 1906, alleging that the rates of fare charged by T. M. E. R. & L. Co. are excessive; that its cars are propelled at high rates of speed and that the same are equipped with hand brakes, whereas power brakes should be employed; that freight cars are operated during all hours of day and night, obstructing streets and annoying citizens; that the service on 12th street between Center and Burleigh streets is inadequate; that cars on the 8th street line are not operated with a sufficient headway; that the company has refused to comply with a city ordinance requiring it to place a flagman at the Kinnickinnic avenue crossing; that cars are overcrowded and not kept in a sanitary condition.

Hearings were held at Madison on January 8, 1907; at Milwaukce February 20, 26, March 19, April 23, 1907, and at Madison April 29, 1907. Appearances, John T. Kelley, City Attorney of Milwaukee, for petitioner, C. M. Rosecrantz and

Miller, Mack & Fairchild for respondent. The decision of the Commission was rendered subsequent to June 30, 1907, and will be found in volume one of the Decisions of the Commission.

No. 99.

IN RE RATES ON WOVEN WIRE IN BUNDLES AND ON BUILDING PAPER IN CARLOAD LOTS

FROM CHICAGO TO CHILTON.

Wm. Ellis, for C., M. & St. P. Ry. Co.

The above entitled matter grew out of a complaint filed with this Commission on September 1, 1906, by Noll & Co., merchants at Chilton, to the effect that the rates on the above named commodity were excessive. The matter involved an interstate haul and as such was outside of the jurisdiction of this Commission, consequently a notice of investigation was issued by the Commission to ascertain the reasonableness of the rates, preparatory to presenting the complaint to the interstate commerce commission. The notice of investigation was directed to the C., M. & St. P. Ry. Co., and a date was set for hearing. Before the matter came on for hearing the special representative of the C., M. & St. P. Ry. notified the Commission that the western classification committee would consider the matter of the classification of these commodities at a meeting to be held January 15, 1907, and asked that proceedings be dropped pending an adjustment by that association, which was done, but the complaint of Noll & Co. was forwarded to the interstate commerce commission with a request that the matter be investigated.

On February 4th the Commission was informed that the western classification committee had reduced building paper from 3rd to 4th class, but had refused to change the classification of woven wire. Complainants were notified of this, but as they were still dissatisfied an investigation was begun affecting the C. & N. W. Ry., C., M. & St. P. Ry. and W. C. Ry. See Formal Case No. 104, Page 35.

No. 100.

A. J. ROSE

VS.

RODDIS LUMBER AND VENEER COMPANY.

Complaint filed December 3, 1906; hearing held January 2, 1907; decision rendered January 16, 1907. Petitioner in his own behalf.

No appearance for respondent.

Restoration of highway crossing.

Held, on the facts presented that the highway crossing involved was not restored to its former state of usefulness within the meaning of section 1836, Statutes of 1898, and that the defendant railway company shall proceed to place said crossing and the approaches thereto in a proper state of repair.

No. 101.

S. HOVERSON

VS.

WISCONSIN WESTERN RY CO.

CHICAGO, MILWAUKEE & ST. PAUL RY. CO.

Petitioner in the above entitled matter is a resident of Stoughton, owning a large tract of timber land on the Kickapoo valley branch of the C., M. & St. P. Ry., and filed a complaint with the Commission alleging that the rates on cordwood from La Farge to Stoughton were excessive, as compared with the rates charged from other points on the said railway company's lines to Stoughton. The matter was set for hearing, but before it was heard the railway company filed tariffs naming the rates asked for in petitioner's complaint.

No. 102.

MILWAUKEE-WESTERN FUEL CO.

VS.

CHICAGO, MILWAUKEE & ST. PAUL RY. CO.

Petitioner is a coal merchant with its principal place of business in the city of Milwaukee, and complained to this Commis

3-R. R.