Gilpin observer., 1912-10-24

mission or any commfsstOner on any
formal hearing had. and all testimony
pointed by. the commission. and the
gsStion or 81 Sy attDyneyb Any eyyb1e utility shall
have right to complain on any Of the
grounds upon which complaints are al
the the same M p procedure shall be adopted ted
and followed as in other cases. except
that the complaint may be heard ca
pGrtc by the commission or may be
served upon any parties designated by
the commission.
Section SO. Cay No public utility
shall raise any rate. fare. toll. renta
rule or regulation contained in its
schedule. as to result in an increase in
any rate. fare. toll, rental or charge.
except upon a showing before the COM
sion that such Increase is Justified,
with the commission any schedule
stating an Individual or Joint rate. fare.
toll. rental. charge, classification. rule
ing in an increase In any rate. fare. toll.
rental. or charge. the commission shall
have power. and 1t is hereby given au-
At once. and Il il SO orders. Without
the interested public utility or utili-
ties. but upon reasonable notice. to
enter upon a hearing concerning the
propriety1 of such rate. fare. toll, rental.
charge. classification. rule or regula-
tion. and pending the hearing and the
decision thereon such. rate. fare. toll,
regulation shall not go into effect; pro-
vided, that the period of suspension OF
such rate, fare. toll. rental. charge.
not extend beyond ninety days beyond
the time when such rate. fare, toll.
rental. charge classification. rule or or
feet unless the commission. in its dis
cretion. extends the period OF suspen-
Ing three months. On such hearing the
commission shall establish rates. fares.
tolls. rentals. charges, classifications.
or in part. or others in lieu thereof.
which 1t shall find TO be Just and rea-
sonable. All such rates, fares, tolls.
or regulations not SO suspended shall.
on the expiration Of thirty days from
the time of filing the same with the
the commission may grant. go Into ef-
feet and be the established and effec-
tive rates fares tells ea reatas shaTse
subject to the power of the commits
sion. after hearing had on Its own
provided. to alter or modify the same.
Section So. The commission may at
any time. upon notice to the public
utility affected. and after opportunity
to be heard provided in the case of
complaints, rescind. alter or amend any
order or decision made by it. Any or
prior order or decision shall. when
when served upon the public utility
affected. have the same effect as is
herein provided for original orders or
decisions.
Section 81. After. any order or de-
cision has been made by the commits
ceeding. or any stockholder or bond
holder or other party pecuniarily in
terested in the public utility affected.
any mat ters determined in said action
or proceeding and specified in the ap-
plication for rehearing. and the com
mission may grant and hold such rehear-
ing on said matters. II In Its judgment
sufficient reason therefor be made to
appear. No cause Of action arising out
sion shall accrue In any court to any
corporation or person unless such cor
poration or person shall have made, be-
fore the effective date of said order or
decision. application to the commission
for a rehearing. If such application
date of said order is thereby suspended
until a period OF thirty days after the
order of the commission upon such pc
made and entered. Such application
shall set forth specifically the ground
or grounds on which the applicant con-
siders said decision or order to be un-
lawful. If. after such rehearing and a
consideration of all the facts. including
those arising since the making Oh tne
order or decision. the commission shall
be Of the opinion that the original or
der or decision or any part thereof Is
in any respect unjust or unwarranted.
or should be changed. the commission
may abrogate, change or modify the
same. An order or decision made after
or modifying the original order or de-
cision shall have the same force and ef
feet as an original order or decision.
Section SIS. Within thirty days after
the application for a rehearing is de-
MED, or. if the application is granted,
then within thirty days from the rem
dition of the decision on the rehearinR
and the entry of Judgment thereon, any
party aggrieved by the order or judg-
ment of the commission may appeal to
which the principal place of business
OF the utility affected Is located. in the
same manner and under the same pro
county courts In the state OF Colorado
to the district courts, and thereupon a
aggrieved may apply to the district
given by the laws of the state of Colo
rado for the review of decisions OF in
ferior tribunals. or may take such
other proceedings or actions as by the
laws of the state of Colorado are appli-
of said aggrieved party. Except as here.
in otherwise provided. the practice ana
proceedings In the district court shall be
the same as any other cfVil proceeding
under the code of civil procedure OF
the state of Colorado. The Judgment
or orders of the district court may be
enforced In the same manner as other
judgments or orders of said court. The
Judgment or orders of the district
court may be reviewed by the supreme
court in the same manner as other civil
actions and proceedings are reviewed
under the laws of the state of Colo
RADIO. The pendency of any proceeding
in the district court for a review dc
MORO or otherwise of any order or
Judgment of the commission. shall OF
itself stay or suspend the operation OF
the order, or decision OF the commits
lowed by law for obtaining a superse-
dens from the supreme court, staying
court. and also during the pendency
of any such proceeding In the supreme
mission shall be stayed and suspended
Section Sc. All actions and proceed
ings under this act, and all actions or
Proceedings to which the commission
or the people OF the state of Colorado
may be parties, and in which any -Ques-
tion arises under this act. or under or
concerning any order or decision of the
cor, q sion shall he preferred over all