Gilpin observer., 1912-10-31

Of all proceedings had before the COM
mi.1ion gaIms hesr;y or any s commlssioner on any
shall be taken down BY a. reporter ap-
pointed by the commission. and the
person or by attorney.
Section 81. Any public utility shall
haVra have q right @ to % complain on any Of the
lowed to be filed by other parties, and
the same procedure shall be adopted
and followed as in other cases. except
parte by the commission or may be
served upon any parties designated by
the commission.
,,ss' sectIon ro1.s Ss, ca No public utility M
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
son that ana sach fnans By the fSmm
Ib) Whenever there shall be filed
with the commission any schedule
toll. rental. charge. classification. rule
or regulation, not increasing or result
Ing In an Increase In any rate. fare. toll.
have power. and 1t is hereby given au-
thority. either upon complaint or upon
\, its on"a own initiative. init without complaint
answer or other formal pleadings by
.. the interested n,f. public utility or utili-
ties, put upon reasonable notice, TO
enter upon hearing concerning the
propriety of such rate. fare. toll rental,
charge. classification, rule or regula-
ton. and pending the hearing and the
rental. charge, classification. rule or
regulation shall not go into effect; pro-
such rate; fare. toll. rental. charge.
classification. rule or regulation shall
net extend beyond ninety days beyond
the time when such rate. fare. toll.
| rental. charge. classification. rule or
regulation would otherwise go into ef-
estenss 9he perod o u suspen s,s ais
sion for a further period not exceed
Ing three months. On such hearing the
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 bs be and
| tive rates. fares. tolls. rentals, charges
classifications. rules and regulations
sion. after hearing had on its own
motion or upon complaint. as herein
provided. to alter or modify the same.
| Section So. The commission may al
any time, upon notice to the public
utility affected. and after opportunity
| to be heard provided In the case oil
complaints. rescind. alter or amend any
order or decision made by 1t. Any or
| der resembling. altering or amending g
prior order or decision shall. wher
affected. have the same effect as Is
herein provided for original orders oil
| 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 stockholder or bond
I l.. tVNtn nrt1 IN.
terested in the public Utility affected
| may apply for a rehearing In respect tt
any matters determined in said actor
or proceeding and specified In the ap'
plication for rehearing. and the com
mission may grant and hold such rehear
ing on said matters, II in Its Judgment
| sufficient reason therefor be made tt
| appear. No cause of action arising Out
| Of any order or decision OF the commits
sion shan accrue in any court to an,
corporation or person unless such cor
poration or person shall have made. be
| fore the effective date OF said order oil
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 rehearing Il
made and entered. Such application
shall set forth specifically the grounc
| or grounds on which the applicant con-
| siders said decision or order to be un.
lawful. II. after such rehearing and q
| consideration of all the facts, including
| those arising since the making of the
order or decision. the commission shall
| be of the opinion that the original or
der or decision or any part thereof l.
| In any respect unjust or unwarranted
or should be changed. the commission
may abrogate. change or modify the
| same. An order or decision made after
| such rehearing abrogating. changing
| or modifying the original order or de
feet as an original ovder or decision.
Section 55. Within thirty days after
| the application for a rehearing Is de-
MED. or. if the application is granted
| then within thirty days from the rem
| dition of the decision on the rehearinR
and the entry OF Judgment thereon. any
party aggrieyed by the order or judg-
ment of the commission may appeal tc
| the district court of the county In
%htSa tSe usity shs is located IN the
same manner and under the same pro-
cedure as an appeal is taken from
to the district courts, and thereupon a
| trial de moro shall be had. or. the party
| aggrieved may apply to the distric,
given by the laws OF the state of Colo
RADIO 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 aggrieved party. Except as here,
proceedings in the district court shall be
the same as any other civil proceeding
under the code OF civil procedure OF
the state of Colorado. The judgment
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
RADIO. The pendency OF any proceeding g
in the district court for review dc
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 :
sion and likewise, during the time al
lowed by law for obtaining superse-
deas from the supreme court. staying
the Judgment or order of any district
court. and also during the pendency
OF any 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 people of the state of Colorado
may be parties, and in which any ques-
tion arises under this act. or under or