by purchase, lease or otherwise, and shall give the utility or utilities and may own, hold, maintain, use and other parties affected twenty days operate any plant, line or system of written notice of the time and place any other gas utility provided, that of the hearing, and ten days written if such plant, line or system, or any notice of the time and place of such part thereof, of such other utility is hearing when the matter shall rein competition with the plant, line late to the rules, regulations, classior system, or any part thereof, of fication or practices of such utility such first utility, then the consent or utilities or other matters, but if and approval of the commission, to the hearing shall relate to both subbe based upon its finding that the ject matters the commission may, at public will suffer no detriment, to its discretion, enter an order of be duly entered of record on its severance with respect thereto and minutes, shall be first obtained, and set down for hearing the matters relikewise and under like limitations spectively, after notice as herein any public utility may sell, lease or provided, but in each case the notice otherwise dispose of any plant, line shall advise the utility affected, in or system. a general way, of the matter or matters to be considered for decision. Section 22. On every hearing by this Act provided for, any public utility, municipality or other par Sec. 20. No gas utility subject to the control of the commission shall, directly or indirectly, by any device whatsoever, or in any wise, charge, demand, collect or receive, from any ties affected, shall be entitled to be person, company, the public or any member thereof, a greater or less or different compensation for any commodity or for any service rendered or to be rendered by such utility than is charged, demanded, collected or received by such utility from any other person, company, the public or any member thereof, for a like contemporaneous service under substantially similar circumstances and conditions, to be judged by the commission, but rates, charges or rentals. rules, regulations, classifications and practices approved and authorized by the commission shall not be construed to be in violation hereof or of the laws of this State. heard and to introduce evidence. Evidence may be given by deposition, and the rules and practices for taking depositions provided for the district courts shall be followed as near as may be, the Secretary of the commission acting in lieu and with the powers of the district clerk. All evidence introduced on any hearing shall, upon the request of either party, be promptly reduced to writing, and at the conclusion of the hearing, together with copies of all depositions and documentary evidence, certified to by the Secretary of the commission under its seal, and he shall on request of any party to the hearing promptly furSec. 21. For the purpose of de-nish copies thereof for a reasonable termining and deciding the matters charge, not to exceed the fees aland things specified in the provi- lowed district clerks for similar sersions of this Act including the ascer- vices, under his certificate and the tainment of the past and the present seal of the commission. The comvalue of the property necessarily and mission shall make and file its findessentially used and useful in and ing in writing upon all matters reledevoted to the public service of such vant to its decision or order upon utilities, and the determination of the which evidence has been introducd. rates, charges, or rentals, the rules, The findings, opinion, decision or regulations, classifications and prac- order of the commission shall be in tices which may be demanded, col- writing and a copy thereof shall be lected, had or received, established or served in such manner as may be observed and followed, it shall be provided by rule of the commission requisite that the commission shall on all parties to the hearing affected cause a fair and adequate hearing or thereby at least twenty days if the hearings to be had at such time or same shall relate to or effect any times and place or places as the rate, charge or rental and at least commission or the commissioner ten days if the same shall relate to conducting the same may designate. or affect any rule, regulation classiWhen the matter shall relate to the fication or practice or other matter, rates, charges or rentals of such before the same shall become efutility or utilities, the commission fective, but any party affected by the findings, decision, opinion or order ceedings before the commission may, of the commission may waive such at any time within thirty days folservice. lowing the filing with the secretary Sec. 23. All proceedings and in- of the commission of any finding, vestigations by the commission or a opinion, decision or order of the commissioner shall be by public hear- commission, make application for ings, and shall be regarded and con- rehearing, and the same may be ducted not as contests, but as full, amended, upon leave from the comfair and impartial investigations. mission. It shall be the duty of the The procedure and practice shall not commission to decide such motions be technical, and all hearings and within sixty days from the date of proceedings shall be conducted with filing. If rehearing be refused, the the single purpose of arriving at the commission shall, within ten days, real merits of the petition, applica- give notice thereof, as is the case of tion, complaint or other matter be- original opinions, to all parties to the fore the commission. The commis- proceeding. If rehearing be granted sion may, whenever deemed desir- and final order be not then made, and able, instead of setting any matter or further argument and further hearmatters for formal hearing, presenting on the facts be deemed necesthe same informally to the party, or sary, the commission shall set such parties, affected, for consideration, matter for immediate hearing, and suggestion or explanation, but no order adverse to any party shall be made or entered without the consent of such party, except after notice and hearing as elsewhere herein provided. Sec. 24. The commission shall have power to adopt and publish rules not inconsistent herewith to govern proceedings with respect utilities subject in any way to its jurisdiction, and to regulate the mode and manner of all investigations and hearings, provided, that no person desiring to be present at any hearing by the commission shall be denied admission. its to the for shall give all parties to such case a Section 27. Any party to any proceedings before the commission dissatisfied with any finding, opinion, decision, rule, regulation or order of the commission, may as he or it may procedural remedies elect, which shall be exclusive, appeal therefrom: (a) To the Court of Civil Appeals having jurisdiction of appeals from the district court of Travis County, Texas. Sec. 25. The Chairman of the commission, the secretary and each commissioner, for the of purpose this Act, shall have power to administer oaths, and to certify to all official acts, and the commission and each commissioner shall have power to compel the attendance of witnesses on subpoena or notice in such form as may be provided by the Commission, and the giving of testimony; to conduct hearings or any part thereof herein provided for within or with- (b) No right of appeal from or out the State; to require and pro- judicial review of any order or devide that all property, books, cision of the commission shall be alVouchers and accounts or other rec-lowed before the complaining party ords and memoranda may be in- shall have exhausted his or its remespected by the commission or under its direction, and that copies thereof and photostats may be furnished to or taken by the commission, and the commission and each commissioner shall have power to punish for contempt as fully as may be provided by law for the district and county courts. dies before the commission. Such appeal shall be perfected by filing with the commission on or before thirty days after service of a copy of such findings, opinion, decision or order of the commission, notice that it will take such appeal, together with bond for cost payable to the State of Texas for the benefit of Sec. 26. Any party to any pro-all parties interested therein, unless ac by general or special law exempt of the record where they may be found therefrom, such bond to be in the and such arguments and authorities sum of one thousand ($1,000.00) and such prayer as appellant shall dollars, provided that if, in the judg- deem proper. Such brief need not fol ment of the commission, a larger low technical forms, but shall be sufbond is required, the commission may ficient if it clearly presents the matso order, fixing the amount which ters to be decided by the Court. shall not exceed ten thousand ($10,- Section 29. Within sixty (60) days 000.00) dollars, and the party so after the filing with the Commission appealing shall, within ten days after of the appellant's briefs as aforesaid, the service upon it of such order, unless, for good cause shown, the time substitute for its said one thousand is extended by the Court, the Com($1,000.00) dollar bond another bond mission or any party to the proceedin the amount required by the com-ings before the Commission, other than mission. Such notice shall be the appellant, shall file four copies of companied by an assignment of er- its brief, if any, in such Court, and rors specifically formulating shall deliver four copies to the appelpoints that will be relied on by the lant, and if such brief be filed other party appealing. Upon the filing of than by the Commission, ten copies such notice and assignment with the Commission. errors on appeal, and bond, if bond Section 30. Such appeal shall take is required, or larger bond is so or-precedence in such Court over all apdered, the secretary of the commis- peals of a different nature, except apsion shall at once prepare, in dupli peals relating to interlocutory orders cate, under his hand and certificate granting or refusing or dissolving or refusing to dissolve temporary restraining orders or injunctions or appointing or refusing to appoint receivers, and if the business and terms of the Court will permit, shall be set for hearing and heard within sixty days after the time for filing briefs has expired. and under the seal of the the or commis sion, a complete transcript of all the proceedings and evidence in such case, unless by agreement of all parties, portions thereof are omitted, and shall, within thirty days from the filing of such notice of appeal, deliver both copies to the shall be filed party ΟΙ Section 31. The Courts of Civil parties taking the appeal and one Appeals aforesaid, and such court as copy thereof shall be filed in the the cause may be transferred to, if said Court of Civil Appeals within any, shall have jurisdiction of such sixty days after said notice of ap-appeal and shall review the case on peal is filed with the commission, un- the briefs and upon so much of such less the time for so doing shall be record as involved in the matters and further enlarged by the court, and points presented by the briefs, and the clerk of the said court shall re-shall review and decide all questions ceive the same and docket the cause; of law and fact so relied on and the and if not filed within said time, or reasonableness, correctness and justice as extended, the appeal shall be of the findings, opinion, decision and held to have been abandoned without further effect. and order of the Commission in respect thereto and may affirm, or modify and Sec. 28. In case of an appeal by any affirm, the action of the Commission party to a proceeding before the Com- or reverse and remand the case in mission, as in Section 27 provided for, part or in whole, to the Commission then within sixty (60) days from the for further hearing or consideration or delivery of such copy of the transcript other proceeding not inconsistent with as aforesaid to the Clerk of said Court the opinion of the Court, provided, of Civil Appeals, unless, for good cause that no case shall be reversed on acshown, the time be extended by the count of the admission of testimony Court, the party taking such appeal before the Commission which would shall file in such Court of Civil Ap-not have been admissible in Court. The peals four copies of its brief and with judgment of the Court of Civil Appeals the Commission ten copies, and if the shall be conclusive in all such cases appeal shall arise out of a complaint on the facts but writ of error shall be by or against a municipality then four allowed to the Supreme Court on quescopies with such municipality. Such tions seasonably presented involving brief shall contain a succinct statement the construction or application of the of the case and of the points relied up-provisions of the constitution of this on by the appellant and such refer- State or of the United States and in ences to the facts and the page or pages other cases as may be provided by law. Section 32. No new or additional any such order, decision or finding of evidence may be introduced in any the Commission, the Commission or proceeding upon appeal from a rule, Court granting same may require regulation, order or decision of the suitable bond or other security Commission, issued or confirmed after and may impose such other conditions a hearing, but the appeal shall be heard and requirements as may be deemed on the record of the Commission as adequate and just. certified to by it. The findings and Section 34. No injunction or reconclusions of the Commission on ques-straining order shall issue out of any tions of fact shall be held prima facie Court suspending or staying any order, to be true and as found by the Com- rule, regulation, or decision of the mission; and a rule, regulation, order, Commission under this Act except after or decision of the Commission shall reasonable notice to the Commissionnot be set aside unless it clearly ap-ers and due hearing had on the applipears that the finding of the Commis- cation for such injunction or restrainsion was against the manifest weight ing order; and every other order reof the evidence presented to or before straining or enjoining the Commission the Commission for and against such or the Commissioners shall contain a rule, regulation, order or decision, or specific finding based upon evidence that the same was without the juris- submitted to the Court, and identified diction of the Commission. If it ap-by reference thereto, that great or irpears that the Commission failed to receive evidence properly proffered, on a hearing or on a rehearing, or on application therefor, the Court shall remand the case to the Commission with instructions to receive the testimony so proffered and rejected, and to enter a new order based upon the evidence theretofore taken, and such new evidence as it is directed to receive. Rules, regulations, orders of decisions of the Commission shall be held to be prima facie reasonable, and the burden of proof upon all issues raised by the appeal shall be upon the person or company appealing from such rules, regulations, orders or decisions. Upon hearing any such appeal the Court shall enter judgment either affirming or setting aside the rule, regu-accountants, lation, order or decision of the Com mission. When no appeal is taken from a rule, regulation, order or decision of the Commission as herein provided, parties affected by such rule, regulation, order or decision, shall be deemed to have waived the right to have the merits of said controversy reviewed by a court and there shall be no trial of the merits of any controversy in which such rule, regulation, order or decision was made, by any court to which the application may be made for a writ to enforce the same, or in any other judicial proceeding. reparable damage would otherwise result to the petitioner and specifying the nature of the damage. Section 35. The pipe line expert provided for in Section 11 of the Act of February 20, 1917, being an act for the regulation of oil pipe lines, shall likewise assist the Commission in the performance of its duties under this Act, and shall receive in addition to the compensation now fixed by law, not to exceed Twenty-five hundred ($2,500.00) Dollars per annum, to be paid monthly out of the moneys and funds arising as hereinafter provided. Sec. 36. The Commission shall have power to employ and appoint, from time to time, such experts, assistants, engineers, clerks and other persons as it shall deem necessary to enable it at all times to inspect and audit all records of receipts, disbursements, vouchers, prices, pay rolls, time cards, books and official records, to inspect all property and records of the utilities subject to the provisions hereof, and to perform such other service or services as may be directed by the Commission or under its authority. Such persons and employes of the Commission shall be paid for the service rendered such sums at such times and under such conditions as may be fixed and prescribed by the Commission, and such salaries, wages and fees shall be paid out of the moneys and funds as in this Act directed. Section 33. A motion for rehearing before the Commission shall stay or suspend a final order, decision or find- Sec. 37. Each witness who shall aping of the Commission pending a dis- pear before the Commission, or a Composition thereof, but no appeal shall so missioner at a place outside the county stay or suspend such order, decision of his residence, shall receive for his or finding unless the Commission or attendance Three ($3.00) Dollars per the court shall so provide, and, as a day and three cents per mile traveled condition to any stay or suspension of by the nearest practicable route, in the provisions of this Act, on or before the first day of September and on or before the first day of said month in each year thereafter, shall file with the Commission a statement, duly verified as true and correct by the President, Treasurer or General Manager, if a company or by the owner or one of them, if an individual or co-partnership, showing the gross receipts of such utility for the going to and returning from the place of meeting of said Commission or Commissioner which shall be ordered paid, upon the presentation of proper vouchers, sworn to by such witness and approved by the Commission or the Chairman thereof out of the moneys and funds arising under this Act, provided, that no witness shall be entitled to any witness fees or mileage who is directly or indirectly interested in any public utility involved in or concern-annual period ended December thirtying which, in any way, the investigation or hearing, on account of which he is summoned, shall relate, or who is in any wise interested in any stock, bond, mortgage, security or earnings of any such utility, or who shall be the agent, attorney or employe of such utility, or any officer thereof, when summoned at the instance of such utility; and no witness furnished with free transportation shall receive pay for the distance he may have traveled on such free transportation. first next preceeding, or for such portion of said period as such utility may have been conducting any business, and at such time shall pay into the State Treasury at Austin, Texas, basis Austin, Texas, funds, a sum equal to one-fourth of one per cent of the gross income received from all business done within this State during said year, to be designated as the "Gas Utilities Fund", but such utilities shall not be required to pay said gross amount on such moneys as may be allocated by the Commission pending a final decision on any hearing or investigation authorized by the provisions hereof, and then only on such amount thereof as may be adjudged to be or assigned as the funds and property of or awarded to the utility. The gross receipts charge herein required to be paid, when paid, shall be allowed as an operating expense. Sec. 38. In case any witness shall fail or refuse to obey a subpoena by the Commission, or a Commissioner, the Commission or a Commissioner may issue an attachment for such witness, directed to any sheriff or any constable of the State of Texas, and compel him to attend before the Commission or any Commissioner thereof, and give his testimony upon such matters as may be lawfully required of him, and to bring with Sec. 40. The (sum of Thirty-five him and produce on examination Hundred ($3,500) Dollars per annum such records, books, vouchers, to each member of the Railroad Commemoranda, true copies thereof, mission of Texas, in addition to their prints and such other matter as may present salaries, and) salary and exbe required, if any, in such subpoena. penses of the "Expert" and of his Should a witness fail or refuse to at-assistants, if any, and the salaries, tend, being summoned, or to answer any question propounded to him, or to produce any record or data required to be produced by such subpoena, the claim that any such testimony may tend to criminate the person giving it shall not excuse such witness from testifying or producing such records and data, but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding. The sheriff or constable executing any process issued by the Commission, or a Commissioner thereof under the provisions of this Act shall receive such compensation as may be allowed by the Commission not to exceed the fees prescribed by the law for similar services. Sec. 39. Except as in this section provided every gas utility subject to by or under Commission, or wages, fees and expenses of every |