Compensaton for property determined by commission. SECTION 1797t-8. The commission shall thereupon after public hearing and within three months from the receipt of such notice and upon notice to the municipality and the street railway company interested, by order fix and determine and certify to the municipal council and to the street railway company, just compensation to be paid for the taking of the property of such street railway company actually used and useful for the convenience of the public, and all other terms and all conditions of sale and purchase which it shall ascertain to be reasonable. The compensation and other terms and the conditions of sale and purchase thus certified by the commission shall constitute the compensation and terms and conditions to be paid, followed and observed in the purchase of such plant from such street railway company upon the filing of such certificate with the clerk of such municipality, the exclusive use of the property taken shall vest in such municipality.

SECTION 1797t-9.

Appeal from compensation order. Any street railway company or the municipality being dissatisfied with such order, may commence and prosecute an action in the circuit court to alter or amend such order or any part thereof as provided in sections 1797m-64 to 1797m-73 inclusive of the statutes, and said sections so far as applicable shall apply to such action.

If decision for commission. SECTION 1797t-10. If the plaintiff shall not establish to the full satisfaction of the court that the compensation fixed and determined in such order is unlawful or that some of the terms or conditions fixed and determined therein are in some particulars unreasonable, the compensation, terms and conditions fixed in said order shall be the compensation, terms and conditions to be paid, followed and observed in the purchase of said plant from such street railway company.

If decision for street railway. SECTION 1797t-11. If the plaintiff shall establish to the full satisfaction of the court and the court shall adjudge that such compensation is unlawful or that some of such terms or conditions are unreasonable, the court shall remand the same to the commission with such findings of fact and conclusions of law as shall set forth in detail the reasons for such judgment and the specific particulars in

which such order of the commission is adjudged to be unreasonable or unlawful.

Reconsideration of compensation. SECTION 1797t-12. 1. If the compensation fixed by the previous order of the commission be adjudged to be unlawful, the commission shall forthwith proceed to set a re-hearing for the re-determination of such compensation as in the first instance.

2. The commission shall forthwith otherwise alter and amend such previous order with or without a re-hearing as it may deem necessary, so that the same shall be reasonable and lawful in every particular.

Approved July 12, 1907.

No. 933, A.]

PART VII.

Public Utilities.

[Published July 11, 1907.

CHAPTER 499.

AN ACT to create sections 1797m-1 to 1797m-108, inclusive, statutes of 1898, giving the Wisconsin railroad commission jurisdiction over public utilities, providing for the regulation of such public utilities, appropriating a sum sufficient to carry out the provisions of this act, and repealing certain acts in conflict with the provisions hereof.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. There are added to the statutes of 1898, 108 new sections to read:

Public utilities law: definitions; "public utilty," etc. SECTION 1797m-1. 1. The term "public utility" as used in this act shall mean and embrace every corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, and every town, village or city that now or hereafter may own, operate, manage or control any plant or equipment or any part of a plant or equipment within the state, for the conveyance of telephone messages or for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public.

2. The term "municipal council" as used in this act shall mean and embrace the common council, the board of aldermen, the board of trustees, the town or village board, or any other

governing body of any town, village or city wherein the property of the public utility or any part thereof is located.

3. The term "municipality" as used in this act shall mean any town, village or city wherein property of a public utility or any part thereof is located.

4. The term "service" is used in this act in its broadest and most inclusive sense.

5. The term "indeterminate permit" as used in this act shall mean and embrace every grant, directly or indirectly from the state, to any corporation, company, individual, association of individuals, their lessees, trustees or receivers appointed by any court whatsoever, of power, right or privilege to own, operate, manage or control any plant or equipment or any part of a plant or equipment within this state for the production, transmission, delivery or furnishing of heat, light, water or power, either directly or indirectly, to or for the public, which shall continue in force until such time as the municipality shall exercise its option to purchase as provided in this act or until it shall be otherwise terminated according to law.

6. The term "commission" as used in this act shall mean the railroad commission of Wisconsin.

Railroad commission's powers. SECTION 1797m-2. The railroad commission of Wisconsin is vested with power and jurisdiction to supervise and regulate every public utility in this state and to do all things necessary and convenient in the exercise of such power and jurisdiction.

Utility charges to be reasonable and just. SECTION 1797m-3. Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any heat, light, water or power produced, transmitted, delivered or furnished or for any telephone message conveyed or for any service rendered or to be rendered in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful.

Facilities to be granted to other utilities; complaint and appeal. SECTION 1797m-4. 1. Every public utility, and every person, association or corporation having conduits, subways, poles or other equipment on, over or under any street or highway shall for a reasonable compensation permit the use

of the same by any public utility whenever public convenience and necessity require such use and such use will not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such owners or other users.

2. In case of failure to agree upon such use or the conditions or compensation for such use any public utility or any person, association or corporation interested may apply to the commission, and if after investigation the commission shall ascertain that public convenience and necessity require such use and that it would not result in irreparable injury to the owner or other users of such equipment nor in any substantial detriment to the service to be rendered by such owner or other users of such equipment, it shall by order direct that such use be permitted and prescribe reasonable conditions and compensation for such joint use.

3. Such use so ordered shall be permitted and such conditions and compensation so prescribed shall be the lawful conditions and compensation to be observed, followed and paid, subject to recourse to the courts upon the complaint of any interested party as provided in section 1797m-64 to 1797m-73, inclusive, and such sections so far as applicable shall apply to any action arising on such complaint so made. Any such order of the commission may be from time to time revised by the commission upon application of any interested party or upon its own motion.

The

Utility property; valuation. SECTION 1797m-5. commission shall value all the property of every public utility actually used and useful for the convenience of the public. In making such valuation the commission may avail itself of any information in possession of the state board of assessment.

Valuation: commission's hearing and report. SECTION 1797m-6. 1. Before final determination of such value the commission shall, after notice to the public utility, hold a public hearing as to such valuation in the manner prescribed for a hearing in sections 1797m-45 to 1797m-55 inclusive, and the provisions of such sections so far as applicable shall apply to such hearing.

2. The commission shall within five days after such valuation is determined serve a statement thereof upon the public utility interested, and shall file a like statement with the clerk of every municipality in which any part of the plant or equipment of such public utility is located.