Gilpin observer., 1912-10-24

the authority Tor supmittin8 :uCn Ytv-
posed amendment to the Constitution y
found in Section / of Article OF the
Constitution of the State of Coloraoo,
providing for the Initiative and Referen-
The proposed amendment to the Con-
stitution of the State of Colorado Is AZ
CoNsTITuTroNAL AMENpMENr;
AMEMDMENT MEN S,,r To q, ,.AI ARTIcLE vi rqE 9E
tsTATE OF COLORADO. TO BE
KNOWN AS SECTION 81 OF SAID
lARTICLE.
ssection !. There shall be added to Ar
'ns to H5 be-
as Section 81 of said Article VI. and to
be valid as part of the Constitution as
Section ;, 81 G., ,,,; There is hereby ere. ere.
members tG be aapp9nted by the
ment. one for term of two, years, one
for a term Of four years and one one FOR a
cessors shall qualify and on the third
tuesday in January 1slS and sSeh each two
en ome the sSd Court
be filled by the Governor for the unex-
member shall be Five Thousand Dollars
and the Court may appoint such en-
TO be fixed by it; and who shall hold Of
flee at the pleasure of the Court; all
salaries to be paid In equal monthly IN
and i,e salaries of Its members and EN-
ployes shall be paid on its requisition
out Of the, general fund Of tIe,,,,a the state
a member of said Court who. within five
years of his appointment. shall nave nave
ney of or actively interested In any pub
lie utility corporation. All state com
powers herein conferred upon said Court
are hereby abolished and the laws cre-
ating them are hereby repealed. ,,,s,,,.
(b) Said Court shall have exclusive
jurisdiction over and 1t shall have full
power and it shall be its duty to make
and enforce re- sonable rates for every
public service within this state. ana rea-
sonable rules and regulations for the per
formance OF such service and Ior mo ,me
health and safety of patrons ana em-
ployes: but such rates shall not be
higher than will produce the annual
maintenance and the annual taxes. and
not to exceed n reasonable per centuni
of the. physical property OF the plant
actually engaged In such service. and
no item other than the four just named
(c) Said Court shall hold all Its pro-
ceedings in public. and shall have full
power to adopt rules of procedure. TO
ing the rates charged and service rem
dered by any individual firm or corpora
made by one of its members or by others.
to cause to appear before 1t all witnesses
and to be produced before It 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
this section and punishment of corpora
GERS and agents by fines in such amount
cr Imprisonment for such time. or both.
as the Court. in its discretion, may or
the corporation itself provided that
within thirty, days after the rendition
ties Court the Supreme Court OF this
State may by writ OF certiorari or re-
view. for the purpose of having the law
fulness of said decision passed upon. In
quire into and determine the same. No
new additional evidence may be in
sha III e ennd on tbe sas
the Public Utilities Court certified to
by It. The review shall not be extended
further than to determine whether the
said Court has regularly pursued It's au-
thority. including a determination OF
view WS'"s Violates late any right 1 Of the 'I party
thereto under the constitution Of the
United States or of the State of Colo
the Public Us.iities Court on questions
OF fact shall be final. and shall not be
fact shall INCLUDE ultimate facts and
findings and conclusions OF the Public
Utilities Court on reasonabieness and
Supreme Court shall enter judgment
either affirming or setting aside the or
Cor Court. RI. NJ The 1 provision % Of the the Code Of
Civil Procedure of this State relating
to. writs of review. shall. so far as APP
provisions of this section. apply to pro-
ceedIngs instituted in the Supreme Court
or r'GeN reversal @ shall be had by said supreme
Court except by a vote of five of the
members thereof. and the Judgment OF
in full force and effect until reversed or
modified by the Supreme Court on final
SD This section shall apply to. ard
said Public Utilities Court shall have
the jurisdiction aforesaid over. all indi-
eign and domestic. their lessees. trus-
tees. agents and receivers. operating any
car or conveyance within this state for
value for hire. or collecting anything of
value In connection with such service.
telephone or telegraph service or operat-
Ing anything in connection Herewith. for
r hire, % or operdns r any hnh hy canal or
else the power of eminent domain. or
have or exercise any franchise permit
way. or which are engaged In any busi-
ness at any time declared by law as be-
may declare to be a 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 a 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 Bpeci-
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-
tend to any corporation or person any
form of contract or agreement or rule or
regulations. or any facility or privilege
except such as are regularly and uniform-