5. Hearings-Orders-Records-Copies of Official Documents and Orders. § 65. At the time fixed for any hearing upon a complaint, the complainant and the person or corporation complained of, and such ersons or corporations as the Commission may allow to intervene, shall be entitled to be heard and to introduce evidence. The Commission shall ssue process to enforce the attendance of all necessary witnesses. At the onclusion of such hearing the Commission shall make and render findngs concerning the subject-matter and facts inquired into and enter ts order based thereon. A copy of such order, certified under the seal of the Commission, shall be served upon the person or corporation comlained of, or his or its attorney, which order shall, of its own force, take ffect and become operative twenty days after the service thereof, except s otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the Commission. Where an order cannot, in the judgment of the Commision, be complied with within twenty days, the Commission may prescribe uch additional time as in its judgment is reasonably necessary to comly with the order, and may, on application and for good cause shown, xtend the time for compliance fixed in its order. A full and complete ecord shall be preserved of all proceedings had before the Commission, r any member thereof, on any formal hearing had, and all testimony hall be taken down by a stenographer appointed by the Commission, and he parties shall be entitled to be heard in person or by attorney.

In case of an appeal from any order or decision of the Commission, nder the terms of sections 68 and 69 of this Act, a transcript of such estimony, together with all exhibits or copies thereof introduced and Il information secured by the Commission on its own initiative and onsidered by it in rendering its order or decision, and of the pleadings, ecords and proceedings in the case, shall constitute the record of the Commission: Provided, that on appeal from an order or decision of the Commission, the person or corporation taking the appeal and the Comission may stipulate that a certain question or certain questions alone nd a specified portion only of the evidence shall be certified to the court or its judgment, whereupon such stipulation and the question or quesions and the evidence therein specified shall constitute the record on ppeal.

Copies of all official documents and orders filed or deposited accordng to law in the office of the Commission, certified by a commissioner r by the secretary of the Commission to be true copies of the originals, nder the official seal of the Commission, shall be evidence in like maner as the originals.

In any matter concerning which the Commission is authorized to old a hearing, upon complaint or application or upon its own motion, otice shall be given to the public utility and to such other interested ersons as the Commission shall deem necessary in the manner provided the preceding section, and the hearing shall be conducted in like maner as if complaint had been made to or by the Commission. But othing in this Act shall be taken to limit or restrict the power of the ommission, summarily, of its own motion, with or without notice, to onduct any investigations or inquiries authorized by this Act, in such

manner and by such means as it may deem proper, and to take su action as it may deem necessary in connection therewith. With respe to any rules, regulations, decisions or orders, which the Commission authorized to issue without a hearing, and so issues, any public utility other person or corporation affected thereby and deeming such rule regulations, decisions or orders, or any of them, improper, unreasonab or contrary to law, may apply for a hearing thereon, setting for specifically in such application every ground of objection which t applicant desires to urge against such rule, regulation, decision or orde The Commission may, in its discretion, grant or deny the applicatio and a hearing, if had, shall be subject to the provisions of this and th preceding sections.

NOTE.-Re Western Illinois Teleph. Co. et al., V I. P. U. C. 1. See also Sto Public Utilities Comm. ex rel. Alton Bd. of Trade v. Cleveland, C. C. & St. Lo Ry. Co., 285 Ill. 184.

Where the only effect of an order of the Railroad and Warehouse Commissi was to continue in effect a certain switching tariff until such tariff should changed by agreement or on a hearing, and no new rate is established or tempted to be established the order need not, to be valid, contain a finding th the railroads interested had refused or neglected to voluntarily establish a n rate or that such new rate is necessary. Chicago, M. & St. Paul Ry. Co. v. Sto Public Utilities Comm. 267 Ill. 544.

66. Service of Orders.

§ 66. Every order of the Commission shall be served upon eve person or corporation to be affected thereby, either by personal delive of a certified copy thereof, or by mailing in the United States mail certified copy thereof, in a sealed package with postage prepaid, to t person to be affected thereby or in the case of a corporation, to any offic or agent thereof upon whom a summons of a court of record may served in an action at law. It shall be the duty of every person ar corporation to notify the Commission forthwith, in writing, of the recei of the certified copy of every order so served, and in the case of a corp ration such notification must be signed and acknowledged by a person officer duly authorized by the corporation to admit such service. With a time specified in the order of the Commission every person and corp ration upon whom it is served must, if so required in the order, noti the Commission in like manner whether the terms of the order a accepted and will be obeyed.

67. Modification of Order or Decision-Rehearing.

§ 67. The Commission may at any time, upon notice to the publ utility affected, and after opportunity to be heard as provided in the ca of complaints, rescind, alter or amend any rule, regulation, order decision made by it. Any order rescinding, altering or amending prior rule, regulation, order or decision shall, when served upon public utility affected, have the same effect as is herein provided f original rules, regulations, orders or decisions.

After any rule, regulation, order or decision has been made by t Commission, any party to the action or proceeding, or any stockholder bondholder or other party pecuniarily interested in the public utili affected, may apply for a hearing in respect to any matters determin in said action or proceeding and specified in the application for rehea ing, and the Commission may grant and hold such rehearing on s matters, if in its judgment sufficient reason therefor be made to appe

An application for rehearing shall not excuse any corporation or person from complying with and obeying any rule, regulation, order or decision or any requirement of any rule, regulation, order or decision of the Commission theretofore made, or operate in any manner to stay or postpone the enforcement thereof, except in such cases and upon such terms as the Commission may by order direct. If, after such rehearing and consideration of all the facts, including those arising since the making of the rule, regulation, order or decision, the Commission shall be of the opinion that the original rule, regulation, order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed; the Commission may rescind, alter or amend the same. A rule, regulation, order or decision made after such rehearing, rescinding, altering or amending the original rule, regulation, order or decision shall have the same force and effect as an original rule, regulation, order or decision, but shall not affect any right or the enforcement of any right arising from or by virtue of the original rule, regulation, order or decision unless so ordered by the Commission. Only one rehearing shall be granted by the Commission; but this shall not be construed to prevent any party from filing a petition setting up a new and different state of facts after two years, and invoking the action of the Commission thereon.

NOTE.-See Illinois Cent. R. Co. et al. v. Bloomington etc. R. Co., IV I. P. U. C. 105; Re Chicago North Shore & M. R. Co., VI I. P. U. C. 374.

See also State Public Utilities Comm. ex rel. Wabash R. Co. v. Illinois Cent. R. Co. 274 Ill. 36; Farmers' Elevator Co. of Yorksville et al. v. Chicago, Rock Island & Pacific Ry. Co. 266 Ill. 567.

68. Action to Set Aside Orders of Commission.

§ 68. Within thirty days after the service of any order or decision of the Commission made after a final hearing or within thirty days after a hearing or refusal of a hearing upon any rule, regulation, order or decision which the Commission is authorized to issue without a hearing and has so issued, any person or corporation affected by such rule, regulation, order or decision may appeal to the Circuit Court of Sangamon County, for the purpose of having the reasonableness or lawfulness of the rule, regulation, order or decision inquired into and determined: Provided, that no proceeding to contest any rule, regulation, decision or order which the Commission is authorized to issue without a hearing and has so issued, shall be brought in any court unless application shall have been first made to the Commission for a hearing thereon and until after such application has been acted upon by the Commission, nor shall any person or corporation in any court urge or rely upon any grounds not set forth in such application for a hearing before the Commission: And, provided, the Commission shall decide the questions presented by said application with all possible expedition consistent with the duties of the Commission. The party taking such an appeal shall file with the secretary of the Commission, at its office in Springfield, Illinois, written notice of said appeal. The Commission, upon the filing of such notice of appeal, shall, within five days thereafter, file with the clerk of said. Circuit Court of Sangamon County a certified copy of the order appealed from and within ten days thereafter the record provided for in section

64. The party serving such notice of appeal shall, within five days after the service of such notice upon the Commission, file a copy of said notice, with proof of service, with the clerk of said court to which such appeal is taken, and thereupon said Circuit Court shall have jurisdiction over said appeal and the same shall be entered upon the records of said Circuit Court and shall be tried therein without formal pleadings, but otherwise according to the rules relating to the trial of chancery suits, so far as the same are applicable.

No new or additional evidence may be introduced in any proceeding upon appeal from a rule, regulation, order or decision of the Commission, issued or confirmed after a hearing, but the appeal shall be heard on the record of the Commission as certified to by it. The findings and conclusions of the Commission on questions of fact shall be held prima facie to be true and as found by the Commission; and a rule, regulation, order or decision of the Commission shall not be set aside unless it clearly appears that the finding of the Commission was against the manifest weight of the evidence presented to or before the Commission for and against such rule, regulation, order or decision, or that the same was without the jurisdiction of the Commission. If it appears 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 or 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 corporation 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, regulation, order or decision of the Commission.

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 application may be made for a writ to enforce the same, in any other judicial proceeding.

NOTE. See, State Public Utilities Comm. v. Atchison, Topeka & St. Fe Ry. Co., 279 Ill. 194; State Public Utilities Comm. ex rel. E. St. Louis Stone Co. v. Terminal R. Ass'n. of St. Louis et al., 281 Ill. 181; State Public Utilities Comm. ex rel. Farmers' Illinois Grain Deleares Ass'n. et al. v. Atchison, Topeka & St. Fe Ry Co. et al., 278 Ill. 58; State Public Utilities Comm. ex rel. Chicago Bd. of Trade v. Toledo, St. Louis & W. R. Co., 286 Ill. 582; Kennedy v. State Public Utilities Comm. 286 Ill. 490.

Railroad & Warehouse Comm. v. Louisville & Nashville Ry. Co., 267 Ill. 337, holds that a proceeding in the Circuit Court to determine the reasonableness of an order entered by the Commission is not an appeal, because there can be no appeal from an order of an administrative body. The court, in such case acts on evidence submitted before it, though the Commissions finding makes a prima facia case.

"The statute makes the Commission's findings of fact prima facie true, and its orders and decisions are not to be set aside unless clearly against the manifest weight of the evidence. It is not sufficient, to justify a reversal of a reasonable order of the Commission made in the lawful exercise of its powers, that a court of review should be of the opinion the order was unwise or inexpedient. ΤΟ reverse and set aside an order on the ground that it is unreasonable it must be an arbitrary action, not resting on a reasonable basis for the exercise of the discretionary powers of the Commission. The orders and decisions are subject to review as to the reasonableness of the Commission's conclusions, and an unreasonable order is unlawful. Reviewing courts will examine the facts upon which

the order is based, and if there is substantial evidence to sustain the order-not a mere scintilla of proof-the order will be sustained." Chicago Bus Co. v. Chicago Stage Co. 287 Ill. 320, 329 citing Inter-State Commerce Comm. v. Union Pac. R. Co. 222 U. S. 54; State Public Utilities Comm. v. Chicago & West Towns Ry. Co., 275 Ill. 555; State Public Utilities Comm. v. Terminal R. Ass'n. 281 Ill. 181; and State Public Utilities Comm. v. Toledo, St. Louis & W. R. Co., 267 Ill. 93. See also State Public Utilities Comm. v. Chicago M. & St. P. Ry. Co., 287 Ill. 412, 417.

The court on review will not consider the propriety of the decision but only the constitutionality, i. e. whether the Commission acted within the scope of its authority. Chicago, M. & St. P. Ry. Co. v. State Public Utilities Comm. 267 Ill. 544; Chicago M. & St. P. Ry. Co. v. State Public Utilities Comm. 268 Ill. 49. 69. Appeals to Supreme Court from Circuit Court Judgments.

§ 69. Appeals from all final orders and judgments entered by the said Circuit Court, in review of rules, regulations, orders or decisions of the Commission, may be taken directly to the Supreme Court by either party to the action, within sixty days after service of a copy of the order or judgment of said Circuit Court, and shall be governed by the rules applying to chancery cases appealed to said Supreme Court, except that formal pleadings shall not be required.

NOTE.-See Chicago, M. & St. P. Ry. Co. v. State Public Utilities Comm., 267 Ill. 544; State Public Utilities Comm. ex rel. E. St. Louis Stone Co. v. Terminal R. Ass'n. of St. Louis, 281 Ill. 181.

70. Expedition of Cases.

§ 70. Any proceeding in any court in this State directly affecting a rule, regulation, order or decision of the Commission, or to which the Commission is a party, shall have priority in hearing and determination over all other civil proceedings pending in such court, excepting election contests.

71. Suspension of Order of Commission Pending Judicial Review.

§ 71. The pendency of an appeal shall not of itself stay or suspend the operation of the rule, regulation order or decision of the Commission, but during the pendency of such appeal the Circuit Court of Sangamon County, or the Supreme Court, as the case may be, in its discretion may stay or suspend, in whole or in part, the operation of the Commission's rule, regulation, order or decision.

No order so staying or suspending a rule, regulation, order or decision of the Commission shall be made by the court otherwise than upon three days' notice to the Commission and after a hearing, and if the rule, regulation, order or decision of the Commission is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court, and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner, and specifying the nature of the damage:

Provided, however, that when any rate or other charge has been in force for any length of time exceeding one year, and such rate or other charge is advanced by the public utility, and the order of the Commission reinstates such prior rate or other charge, in whole or in part, no suspending order shall be allowed in any case from such order pending the final determination of the case in the Circuit Court, or if appealed to the Supreme Court by such Supreme Court.

In case the rule, regulation, order or decision of the Commission is stayed or suspended, the order of the court shall not become effective until a suspending bond shall first have been executed and filed with, and approved by the Commission (or approved, on review, by the court)