Page:The Wisconsin idea (IA cu31924032449252).pdf/67

 on is the rate made-by the utility corporation, and the burden of proof is then upon the complainant, he being the plaintiff, to show by preponderance of evidence that the rate complained of is unreasonable; if he succeeds in so doing, then in a court trial, in an action brought by the utility corporation, the question will be on the rate made by the commission and the burden of proof will then rest upon the utility corporation, it being the plaintiff, to show by a preponderance of evidence that the rate made by the commission is unlawful."

The following is that section of the law relating to complaints:—

"Complaints and investigations. Sec. 1797-12. Upon complaint of any person, firm, corporation or association, or of any mercantile, agricultural, or manufacturing society, or of any body politic or municipal organization, that any of the rates, fares, charges, or classifications, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation or practice whatsoever affecting the transportation of persons or property, or any service in connection therewith, are in any respect unreasonable or unjustly discriminatory, or that any service is inadequate, the commission may notify the railroad complained of that complaint has been made, and ten days after such notice has been given, the commission may proceed to investigate the same as hereinafter provided. Before proceeding to make such investigation, the commission shall give the railroad and the complainant ten days' notice of the time and place when and where such matters will be considered and determined, and said parties shall be entitled to be heard and shall have process to enforce the attendance of witnesses. If upon such investigation the rate or rates, fares, charges or classifications, or any joint rate or rates,