The Elbert County tribune., 1912-11-01


Information available. The evidence
introduced at such hearing shall be re-
duced to writing and certified under
the seal OF the commission. The COM
mission shall make and file Its findings
OF fact in writing upon all matters con-
introduced before IL which In Its judg-
ment have bearing on the value OF the
property of the public utility affected.
Such findings shall be subject to ro-
view by the district and supreme court
OF this state In the same manner and
and decisions OF the commission. as in
this act provided. The findings of the
properly certified under the seal of the
commission. shall be admissible In evil
denee In any action. proceeding or
court. In which the commission, the
state or any officer. department or In
and county. municipality or other body
polite and the public utility affected
wise. The commission may from time
to time cause further hearing and in
Of making revaluaticns or ascertainlng
the value OF any betterments. improve
any public utility subsequent to any
prior hearing or investigation, and
may examine Into all matters which
ing of fact previously made. and may
at such time make findings OF fact
made. Such hearings shall be had
upon the same notice and be conducted
In the same manner. ard the findings
effect as is provided herein for such
original notice. hearing and findings:
such supplemental hearings or investi-
cations shall be considered In connec-
findings except in SO far as such sup
elemental findings shall change or
modify the findings made. Mt the orig
inal hearing or Investigation.
Section 5S. (a) Any public utility
which violates or falls to comply with
any provision of this act or which
falls. omits or neslects to obey, OBJ
serve or comply with any lawful order,
decision, decree, rule. direction. demand
or requirement or any part or provi-
sions thereof, of the commission. In
case In which penalty has not here
utility, is subject to a penalty OF not
less than five hundred dollars nor more
than two thousand dollars for each and
OBJ. Every violation of the provisions
OF ms act or OF any lawful order, de,
clslon. decree. rule, direction, demand
or requirement of the commission, or
any part or portion thereof by any
corporation or person is a separate and
tinuing violation each days continu-
ance thereof shall be and be deemed
to be separate and distinct offense
(cl In construing and enforcing the
provisions of this act relating to pen.
any officer. agent, or employee OF any
public utility. acting within the scope
Of Of n, his official duties or Dr.. employment mp SaId
to be the act, omission or failure OF
such public utility.
Section 50. Every, officer agent or
employee of any public utility, who vio-
latos or falls to comply with. or who
bbso By any public bic utiiity OF any any provision
of this act. or who fails to obey, OBJ
serve or comply with any lawful order.
quirement. or any part or provision
thereof. of the commission. or who pro-
in Its failure to obey observe and com
ply with any such lawful order. deci-
sion. rule. direction. demand or re-
quirement, or any part or provision
thereof In n case in which penalty
has not hereinhefore been provided for.
guilty Of a misdemeanor and is pun
| ishable by fine not exceeding one thou
sand dollars or by imprisonment In the
county jail not exceeding one year, OF
by both such fine and Imprisonment.
Section 60, Every corporation, other
any provision OF this act. or which falls
to obey, observe or comply with any
lawful order. decision, rule, direction:
| provision thereof, of the commission.
In a case in which penalty. has not
hereinbefore been provided for, sucn
corporation is subject to a penalty of
not less than five hundred dollars nor
NOR more d than two t9ensand dollars Tor
Section 81. Every person who. either
individually or acting as an officer,
agent or empi0y;eIet otasSrPorsta9n Snlp other
vision of this act, or f9hls to observe.
obey or comply with any lawful order,
decision, rule. direction. demand or re-
quirement, or any part or portion
thereof, of the commission or who pro-
cures. aids or abets any such public
utility in it's violation of this act, or in
its failure to obey, observe or comply
with any such lawful order. decision,
or any part or portion thereof. In
case In which penalty has not here
inbefore been provided for, such per-
is punishable by fine not exceeding
one thousand dollars. or by imprlson-
ment in county jail not exceeding one
year by both such fine and impris-
Section e2. Actions to recover PEN
aities under this act shall be brought
OF Colorado. in the district court In
in which the cause or some part there
OF arose, or in which the Corporation
place OF business. or in which the per-
son, II any. complained of. resides;
such action shall be commenced and
attorney of the commission. In any
such action. all penalties incurred up
may be sued for and recovered. In all
such actions and procedure and rules
OF evidence shall be the same as In
wise herein provided. All fines and
penalties recovered by the state In any
Buch action. tOBttner with the CoStb
thereof, shall be paid into the state
treasury to the credit of the general
fund Any such action may be com
promised or discontinued on applIca-
tion of the commission upon such terms
as the court shall approve and order.
Section 63 Every public utility,
corporation or person which shall fail
to observe. obey or comply with any
lawful order. decision. rule. regulation.
direction. demand or requirement, or
any part or portion thereof. OF the
commission or any commissioner shall
be proceeded against as In section 45
provided. and shall on conviction be
punished for contempt as therein pro-
vided. The remedy prescribed In this
section shall not be bar to or affect
any other remedy prescribed in this
act but shall be cumulative and In ad-
dition to such other remedy or reme-
Dies.