The Elbert County tribune., 1912-10-11

NINTH day OF JUNE. A D. 1912. at
1895 o'clock, A. NJ
posed amendment to the Constitution is
found In Section / OF Article OF the
Constitution OF the State OF Colorado.
The proposed amendment to the Con-
stitution of the State OF Colorado Is as
'oeSGsss ecSoGNsssTITuTIoNAL AMEEpMENT
AMENDMEMT M5E1TTTTT,rIoN To ARricLE vi TIE 4E
sNoMN sIATEN as as sEeT16A dSh9eAADn 8 OF f. sAfb hb
Be II Enacted BY the People Of the State OF
Colorado:
ticIe vi of the Constitution of the, State
of Colorado, an amendment to be known
as Section 81 of said Article VI and TO
be valid as part Of the Constitution as
section 81 1 There dri IS hereby re tSIss cree
members. to be appointed by the Cover
nor upon the adoption of this amend
ment. one for a term Of two s years, naa ,o one
term of six years. and until their sue
cessors shall qualify. and on the third
years thereafter. the Governor shall ap-
point one member of said Court Tor
term I,,od Of SIX years, oveanor an for the unex
pired term. The annual salary, OF each
member shall be Five Thousand poilars
and the Court may appoint such em-
ployes as may be necessary at salaries
| 10 be fixed by IL: and who shall hold Of
flee at the pleasure of the Court; al
staiIments. All expenses of said Court.
| and t..e salaries OF its members and em-
ployes shall be paid on its requisition
| out OF the general fund Of the state
| treasury. No person shall be eligible as
| a member of said Court who within tiNe
years of his appointment, shall have
| been a stockholder bondholder or attor-
ney OF or actively interested IN any @ pub
| missions or boards exercising any. OF the
| powers herein conferred upon said Court
are hereby abolished and the laws Gre
ating them are hereby repealed.
OBJ Said Court shall have exclussiv,ei I'VE
Jurisdiction over. and II snail hall nave m aIa aIii
| and enforce reasonable rates for every
| public service within this state, and rea-
| formance OF such service ana Ior tne
health and safety Of patrons and EN-
ployes; but such rates shaIl no, ne
cost of operation. the annual cost OF
| maintenance and the annual taxes and
not to exceed reasonable per centun
| per annum upon the actual cash value
| OF the physical property OF the plant
| no item other than the four just named
| shall be considered in fixing rates.
(c) Said Court shall hold alt its pro-
power to adopt rules of procedure. to
| hear and determine complaints concern
| Ing the rates charged and service rem
dered by any individual. firm or corpora
| ton engaged in public service, whether
made by one OF its members OF. by others.
| to cause to appear before 1t all witnesses
and to be produced before 1t all books.
papers accounts or other thing which
| 1t may deem necessary in order to fix
| reasonable rates or to require reason
| able and proper service, to enforce Its or
| ders and judgments and the provisions
and requirements of this section. and to
| punish as for contempt any disobedience
! of its orders and judgments or OF any
| Of the provisions and requirements of
tions shall be imposed upon their off,
GERS and agents by fines in such amount
as the Court. in its discretion, may or
| der in addition to that imposed upon
the corporation itself provided, that
| of any final decision by said Public Utili-
| ties Court the Supreme Court of this
| view. for the purpose of having the law
| fulness of said decision passed upon in
quire into and determine the same. No
new or additional evidence may be in
| troduced in the Supreme Court. but the
cause shall be heard the record of
| the Public Utilities Court as certified to
| by 1t. The review shall not be extended
| further than to determine whether the
said Court has regularly pursued its au
whether the order or decision under re-
view violates any right Of the party
| United States or of the State of Colo
rado. The findings and conclusions of
of fact shall be final, and shall not be
subject to review. Such questions of
/ fact shall include ultimate facts. and
findings and conclusions of the Public
Utilities Court on reasonableness and
| discrimination. Upon final hearing the
either affirming or setting aside the cor or
| der the decision of the Public Utilities.
| Court. The provision of the Code of
to writs of review. shall. so far ap-
piicable and not in conflict with the
eeeS eeedinss Instituted @ in the supreme @ - Court
under the provisions hereof. No review
| or reversal shall be had by said Supreme
Court except by, vote, of five of the
| members thereof. and the judgment of
said Public Utilities Court shall remain
in full force and effect until reversed or
| modified by the Supreme Court final
| hearing.
| said Public Utilities Court shall have
the jurisdiction aforesaid over. all indi-
| viduals. firms. corporations both for
tees. agents and receivers, operating any
/ car or conveyance within this state for
transporting passengers or anything of
| value In connection with such service.
| or furnishing water. light, heat power.
ing anything in connection Herewith, for
| hire, or operating any aqueduct, canal or
pipe line for hire. or which have or exer-
| else the power of eminent domain or
| have or exercise any franchise permit
| or license in, upon or over any public
ness at any time declared by law as be-
| ing affected with a public interest. or
engaged in anything which said Court
/ may declare to be public service
| (e) No firm. individual or corporation
subject to the provisions of this section
shall directly or indirectly issue, give
or tender any free ticket. frank, free
| pass or reduced rate. nor charge, de-
mand. collect or receive greater or less
| or different compensation for any pro-
duct or commodity furnished or to be fur
nished or for any service rendered or
| to be rendered than the rates. tolls rem
tails. and charges applicable to such pro-
| duct or commodity or service as speci-
fled in Its schedules on file and in effect
| at the time. nor shall any such public
| utility refund or remit. directly or indi-
rectly. in any manner or by any de-
/ vice any portion of the rates, tolls rem
:als and charges so specified. nor ex-