Gilpin observer., 1912-10-17

mission or any commissioner on any
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.
Section 81. Any public utility shall
have right to complain on any of the
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. that the he fSmpiaint may be heard GO
served upon any parties designated by
the commission.
Section So (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.
mission and a finding by the commits
.(b) Whenever there shall be filed
with the commission any schedule
stating an individual or joint rate. fare.
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 own Initiative. without complaint.
at once. and If it SO orders, without
answer or other formal pleadings by
the Interested public utility or utili-
ties, but upon reasonable notice. to
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
regula Ion shall not go Into effect: pro-
vided. that the period of suspension of
such rate. fare. toll. rental. charge:
classification. rule or regulation shall
not extend beyond ninety days beyond
rental. charge. classification, rule or
regulation would otherwise go into ef-
feet unless the commission. In its dis
erection. extends the period of suspen-
sion for 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 commission may grant go into ef-
tive rates. fares. tolls, rentals. charges
classifications. rules and regulations
sion. after a hearing had on its own
motion upon complaint, as herein
provided. to alter or modify the same.
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
order or decision made by it, Any or
der resembling. altering or amending
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 the action or pro-
ceeding, or any stockholder or bond
holder or other party pecuniarily In
terested in the public utility affected.
may apply for a rehearing In respect to
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 to
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
decision. application to the commission
for rehearing. II such application
for rehearing Is made. the effective
! date Of said order Is thereby suspended
until a period of thirty days after the
order of the commission upon such pc
,iSn or scn sSr
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 the original or
der or decision or any part thereof Is
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-
cision shall have the same force ard ef-
feet as an original order or decision.
Section 55. Within thirty days after
the application for rehearing is de-
MED. or. if the application is granted.
then within in. thirty days from ,n the rem rtr
and the entry of Judgment thereon. any
party aggrieved by the order or judg
ment of the commission may appeal to
the district court of the county In
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
trial de MORO shall be had. or. the party
aggrieved may apply to the district
court for any writ or remedy now
given by the laws OF the state OF Colo
ferior tribunals. or may take such
other proceedings or actions as by the
Gable for the protection of the rights
of said aggrieved 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
the state Of Goiornd9; d;.ar;o, The judgment sw mt
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 tendency OF any proceeding
in the district court for a 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
sion and likewise, during the time al
lowed by law for obtaining n 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 part ies and in which any ques-
fian arisea under this act. or under or