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upr000063 75

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upr000063-075
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    This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.

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    Digitized materials: physical originals can be viewed in Special Collections and Archives reading room

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    University of Nevada, Las Vegas. Libraries

    \ nothing can be treated as evidence which is not intro­duced as such’. ”See, also, United-States v.'Abilene & Southern Ry. Co., 265 U. S. 274, page 239, 44 S. Ct. 565, 63 L. Ed.'10l6, also United States'V. Los Angeles'&?S.'L. R. Co., 273- U; S. 299, page 312, 47 S. Ct. 413, 415, 71 L. Ed. 651, where it was held that * data collected by the Commission as a part of its function of inves­tigation constitute ordinarily evidence sufficient to support an order, if the data are duly made part of the record in the case in which the order is entered.* [italics our s’. Public service commissions, like Courts, are entitled to take judicial notice of certain facts of common notoriety. Nevertheless, the United States Supreme Court has held that the order of a public service commission cannot be supported upon the basis of facts which it can judicially notice unless the facts which it judicially notices are spread on the record in the case so that the utility will have an opportunity to dispute the fact noticed if it considers it to be disputable. This was decided in the case of Ohio Bell Telephone Co. v. Public Utili­ties Commission, 301 U. S. 292 in which the Supreme Court re­versed the decree of the Ohio State Supreme Court. The Supreme Court affirmed ah order of the State Public Utilities Commission fixing the rates of the Telephone Company. After the conclusion of a hearing involving valuation of the property of the Tele­phone Company, the Commission, by resorting to cost trends taken from price indices of the Engineering News Record and other re­liable sources, had attempted to find the values of the property of the utility in various years. An attempt was made to uphold the order of the Commission on the ground that the decision was -25-