The Elbert County tribune., 1912-10-11

its order. A full and Complete record
OF al proceedings had before the COM
formal hearing had. and all testimony
, shall be taken down by reporter ap-
pointed by the commission. and the
parties shall be entitled to be heard in
person or by attorney.
have a right to complain on any OF the
grounds upon which complaints are al
,SSwed to be filed by other parties. and
and followed as in other cases, except
tina, re complaint may bo heard ca
pdrfe by the commission or may be
served upon any parties designated by
the commission.
Section 81. (a) No public utility
or charge or SO alter any classification.
rule or regulation contained In Its
schedule. as to result In an increase In
under any circumstances whatsoever.
except upon a showing before the com
sion f1'4n that 1 such is inersase is Jus justified. %
Ab) Whenever there shall be filed
with the commission any schedule
stains an individual or Joint rate. fare.
toll, rentsi, charge, classification. rule
or regulation, not increasing or result
rental or charge, the commission shall
have power. and II is hereby given au-
,hority. either upon complaint or upon
Its own initiative. without complaint,
at once. and IL 1t so orders. without
answer or other formal pleadings by
the Interested public utility or utili-
enter upon a hearing concerning the
-propriety OF such rate. fare. toll. rental
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-
vided. that the period of suspension OF
such 1si.,,Tss; rate; fare toll. rental charge;
not extend beyond ninety days beyond
the time. when such rate. fare. toll.
rental. charge classification. rule or
regulation would otherwise go into ef-
rect unless the commission. in Its dis
cretion. extends the period of suspen-
sion for a further period not exceed
ing three months. On such hearing the
commission shall establish rates. fares
rules or regulations proposed. in whole
or In part, or others in lieu thereof,
sonable. All such rates. fares. tolls
rentals. charges. classifications, rules
or regulations not SO suspended shall.
on the expiration OF thirty days from
the time OF filing the same with the
commission. or of such lesser time as
, the commisslon may grant. go Into ef-
tive rates, fares, tolls, rentals, charges.
classifications. rules and regulations,
sion, after a hearing had on its own
motion or upon complaint. as herein
Section SO. The commission may at
any time. upon notice to the public
utility. affected. and after opportunity
to be heard as provided In the case OF
complaints. rescind. alter or amend any
order or decision made by It. Any or
der resembling. altering or amending a
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
sion. any party to tho action or pro-
ceeding, or any stockholder or bond
| holder or other party pecnniarily in
terested In the public Utility affected,
| a n
any matters determined in said action
! or proceeding and specified in the APP
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
OF any order or decision of the commits
| sicn shan 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 rehearing is made. the effective
date OF said order is thereby suspended
| 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 II. after such rehearing and a
consideration of all the facts. including
those arising since the making of the
order or decision, the commission shall
be of the opinion that tho original or
der or decision or any part thereof Is
in any respect unjust or unwarranted
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 forcs and ef-
feet as an original order or decision.
Section S. Within thirty days after
the application for a rehearing Is de-
MED. or. II the application is granted.
a daGlgi0n rehpArinR
and the entry of judgment thereon, any
party aggrieved by the order or Judg
the district court OF the county in
which the principal place of business
Of the UTILITY affected is located, in the
same manner and under the same pro-
cedure an appeal is taken from
county courts In the state Of Colorado
to the district courts. and thereupon
trial de nOro shall be had. or, the party
aggrieved may apply to the district
court for any writ or remedy now
rado for the review of decisions of In
ferior tribunals, or may take such
laws OF the state of Colorado are appli-
cable for the protection of the rights
Of said sggrieved party. Except as here,
in otherwise provided. the practice and
proceedings in the district court shall be
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
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 de
moro or otherwise of any order
judgment of the commission, shall OF
itself stay or suspend the operation OF
the order or decision of the commits
sion and likewise. during the time al
lowed by law for obtaining superse-
IDEAS from the supreme court, staying
the judgment or order of any district
of sny such proceeding in the supreme
court the order or decision of the COM
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 neople of the state of Colorado