AN ACT to create section 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:* 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 *Contents are given on page 978, herein.

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.

§ 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.

§ 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.

§ 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 compensations 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.

§ 1797m-5. The 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.

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.

§ 1797m-7. The commission may at any time on its own initiative make a re-valuation of such property.

§ 1797m-8. 1. Every public utility shall keep and render to the commission in the manner and form prescribed by the commission uniform accounts of all business transacted.

2. Every public utility engaged directly or indirectly in any other business than that of the production, transmission or furnishing of heat, light, water or power or the conveyance of telephone messages shall, if required by the commission, keep and render separately to the commission in like manner and form the accounts of all such other business, in which case all the provisions of this act shall apply with like force and effect to the books, accounts, papers and records of such other busi

ness.

§ 1797m-9. The commission shall prescribe the forms of all books, accounts, papers and records required to be kept, and every public utility is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the commission and to comply with all directions of the commission relating to such books, accounts, papers and records.

§ 1797m-10. The commission shall cause to be prepared suitable blanks for carrying out the purposes of this act, and shall, when necessary, furnish such blanks to each public utility.

§ 1797m-11. No public utility shall keep any other books, accounts, papers or records of the business transacted than those prescribed or approved by the commission.

§ 1797m-12. Each public utility shall have an office in one of the towns, village or cities in this State in which its property or some part thereof is located, and shall keep in said office all such books, accounts, papers and records as shall be required by the commission to be kept within the State. No books, accounts, papers or records required by the commission to be kept within the State shall be at any time removed from the State, except upon such conditions as may be prescribed by the commission.

§ 1797m-13. The accounts shall be closed annually on the 30th day of June and a balance sheet of that date promptly taken therefrom. On or before the first day of August following, such balance sheet together with such other information as the commission shall prescribe, verified by an officer of the public utility, shall be filed with the commission.

§ 1797m-14. 1. The commission shall provide for the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission.

2. The agents, accountants or examiners employed by the commission shall have authority under the direction of the commission to inspect and examine any and all books, accounts, papers, records and memoranda kept by such public utilities.

§ 1797m-15. 1. Every public utility shall carry a proper and adequate depreciation account whenever the commission after investigation shall determine that such depreciation account can be reasonably required. The commission shall ascertain and determine what are the proper and adequate rates of depreciation of the several classes of property of each public utility. The rates shall be such as will provide the amounts re