The Elbert County tribune., 1912-11-01


OF all proceedings had before the COM
formal hearing had, 'ane and all testimony Ih any
shall be taken down by a reporter ap-
pointed by the commission. and the
parties shall be entitled to be heard in
person or by attorney.
Section 81. Any public utility shall
grounds upon which complaints are AL
lowed to be filed by other parties. and
the same procedure shall be adopted
and followed as in other cases. except
that the complaint may be heard ca
parfs by the commission or may be
served ser upon any parties designated by
Section 81. (a) No public utility
shall raise any rate, fare. toll, rent al
or charge or SO alter any classification.
schedule. as to result in increase in
any rate, fare. toll. rental or charge.
except upon a showing before the COM
sion that such increase fs justified,
tb) whenever there shall be filed
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
thority. either upon complaint or upon
ITS own initiative. without complaint,
answer or other formal pieadings by
the interested public utility or utii-
ties, but upon reasonable notice. to
enter upon hearing concerning the
propriety of such rate. fare, toll, rental.
charge. classification, rule or regula-
tion. and pending the hearing and the
decision thereon such rate, fare, toll.
rental. charge, classification, rule or
regulation shall not go into effect; pro-
such rate. fare. toll, rental. charge,
classification, rule or regulation shall
the time. when such rate. fare, toll.
rental. charge. classification, rule or
regulation would otherwise go into .ef-
cretion. extends the period of suspen-
sion Tor a further period not exceed
nasn ang iss rnree mopth'. h on suGh near nearing tne
rules or regulations proposed, in whole
which 1t shall find to be Just and rea-
sonable. All such rates, fares, tolls.
rentals, charges, classifieations, rules
on the expiration OF thirty days from
the time of filing the same with the
commission. or of such lesser time as
fect and be the established and effec-
tive rates. fares. tolls, rentals. charges.
classifications, rules and regulations.
subject to the power of the commits
sion, after a hearing had on Its own
motion or upon complaint, as herein
provided. to alter or modify the same.
Section So. The commission may at
any time. upon notice TO the public
to be heard as provided in the case of
complaints rescind, alter or amend any
order or decision made by 1t. Any or
der resembling, altering or amending a
prior order or decision shall. when
when served upon the public utility
herein provided for original orders or
decisions.
Section 81. After. any order or de-
cision has been made by the commits
SION. any party to the action or pro-
ceeding, or any stocknolder or bond
holder or other party pecuniarily In
In hA lat 4nN a
may apply for a rehearing in respect to
any matters determined In said action
plication for rehearing. and the com
mission may grant and hold such rehear-
Ing on said matters, II In It's judgment
sufficient reason therefor be made 10
appear. No cause of action arising out
OF any order or decision OF the commits
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
for rehearing Is made, the effective
date of said order is thereby suspended
until period of thirty days after the
order of the commission upon such Pc
tition or application for rehearlng is
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 of the
order or decision, the commission snail
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 computation
may abrogate change or modify the
same. An order or decision made after
such rehearing abrogating. changing
or modifying the original order or de-
cision shall have the same force and ef-
feet as an original order or decision.
Section SO. Within thirty days after
the application for a rehearing is de-
MED, or. IL the application Is granted.
then within thirty. days from the rem
ditlon of the decision on the rehearing
and the entry of judgment thereon, any
party aggrieved by the order or tudg-
ment of the commission may appeal to
which the principal place of business
of the utility affected Is located, in the
cedure as an appeal is taken from
county courts in the state of Colorado
to the district courts, and thereupon a
aggrieved may apply to the district
court for any writ or remedy now
RADIO for the review of decisions of In
terior tribunals or may take such
other proceedings or actions as by the
cable for the protection of the rights
of said aggrieved party. Except as here.
in otherwise IL prSvidea roy the at pIact,SSe sSs ahe he
the same as any other civil proceeding
under the code of civil procedure OF
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
rado. The pendency of any proceeding
in the district court for review de
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
In ha Inn n
lowed by law for obtaining a superse-
deas from the supreme court, staying
the Judgment or order CT any district
OF any such proceeding in the supreme
court. the order or decision of the com
Section Sc All actions and proceed
ings under this act, and all actions or
proceedings to which the commission