MICHIGAN NEW JERSEY OHIO See par. 1188. See par. 3421. With the consent and approval of the commission, but not otherwise, any two or more telephone companies, 3443 defined in this act and doing business in this state, may consolidate with each other, when such telephone companies shall have complied with the orders and requirements of the commission and the provisions of this act. Laws 1911, no. 325, sec. 64. Such telephone companies shall file with the commission a joint petition for such consolidation, signed and verified by the president and secretary of the respective companies, in which 3444 shall be set forth in detail, all of the terms, conditions and proceedings pertaining to such consolidation and in such form as the commission may require, and thereupon the commission shall fix a time and place for the hearing of such petition. Same. If, after such hearing, the commission is satisfied that such consolidation will promote public convenience, and will furnish the public adequate service for a reasonable rate, rental, toll or charge therefor, it shall make an order authorizing such consoli3445 dation, which order before taking effect shall be filed with the secretary of state. Other proceedings relating to such consolidation shall be in the manner and with the effect, not inconsistent with the provisions of this act, as is provided for in the consolidation of railroad companies under the laws of this state. Same. No consolidation, purchase, lease or contract by which two or more telephone companies merge or operate their lines or plants jointly or in connection with each other, shall become valid or 3446 effective until after the commission shall have ascertained and 3447 determined the valuation as provided in this act upon which the rates, tolls, charges and rentals are based and also shall have fixed and determined such rates, tolls, charges and rentals so to be charged. Same. All valuations so ascertained and determined shall be at all times open to public inspection. Same. All such contracts, leases, purchases, sales or consolidations. 3448 not made pursuant to the provisions of this act or contrary hereto shall be void and of no effect. Same, sec. 65. WISCONSIN No public service corporation shall purchase, directly or indirectly, or in any way acquire the property of any other public service corporation or of any person furnishing service to the public, for the purpose of effecting a consolidation, except that the property of such corporation or person shall 3449 first be valued as provided in subsection 5 of section 1753-9 of the statutes, and then only at a sum not to exceed the value found and determined by the commission and stated in the certificate of authority issued to such corporation for the issuance of stocks, certificates of stock, bonds, notes, or other evidences of indebtedness. Laws 1911, ch. 593, sec. 1753-11(2). CHAPTER XIV Commission Procedure and Practice SCOPE NOTE This chapter includes provisions prescribing the gen- ANALYSIS A. Authority of commission to adopt rules and regulations for its government and proceedings.. ..... B. Authority of commission to administer oaths, subpoena witnesses and order the production of books, records and memoranda in proceedings before commission.... I. Administration of oaths, issue of subpoenas and production of documents...... PAGE 925 930 930 D. Duty of commission with respect to the keeping of records and to the publicity thereof...... .1021 E. Validity of records and documents, or certified copies thereof, on file with commission, as evidence in commission or judicial proceedings.................1028 F. Effect of technical omissions on validity of acts of commission.. 1033 A. AUTHORITY OF COMMISSION TO ADOPT RULES AND REGULATIONS FOR ITS GOVERNMENT AND PROCEEDINGS.1 UNITED STATES Commission may, from time to time, make or amend such general rules or orders as may be requisite for the 3450 order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform as nearly as may be, to those in use in the courts of the United States. Act to Regulate Commerce, sec. 17. ALABAMA Commission may adopt and publish rules to govern its proceedings and to regulate the mode and manner of 3451 all investigations and hearings before it, provided all hearings shall be open to the public. Code 1907, sec. 5643. ARIZONA The law-making power may enlarge the powers and extend the duties of commission and may prescribe rules 3452 and regulations to govern proceedings instituted by and before it; but, until such rules and regulations are provided by law, commission may make rules and regulations to govern such proceedings. Const., art. xv, sec. 6. COLORADO INDIANA Commission may make all needful rules for its 3453 government and proceedings. Laws 1910, sp. sess., ch. 5, sec. 12. Commission may adopt and enforce such rules, regulations and modes of procedure as it may deem proper, to 3454 hear and determine complaints and for the conduct of all investigations held by it or its appointees and to regulate the conduct of its inspectors and appointees. Acts 1907, ch. 241, sec. 3(e). IOWA Commission may from time to time make or amend such general rules or orders as may be necessary for the 3455 prescrvation of order and the regulation of proceedings before it, including forms of notice and the service thereof, which shall conform as nearly as may be to those in use in the courts of the state. Code 1897, sec. 2142. KANSAS Commission shall have power to adopt rules to govern its proceedings, and to regulate the mode and manner of 3456 all investigations and hearings held by commission under the 1 See also pars. 3712-3790. |