The Monte Vista journal., 1912-10-26

party aggrieved by the order or judg
mont OF tho commission may appeal to
which the principal place OF business
of tho utility affected In located. In the
same manner and under the same pro-
cecure Ms an appeal Ia 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
agKrieyed may apply to tho district
court for any writ or remedy now
given by the laws of the state of Colo
RADIO for the review OF decisions OF In
ferIor tribunals. or may take such
other proceedings or actions IA by the
laws OF the state OF Colorado are appli-
cable for the protection of the rights
OF said aggrioyed party. Except MS here
In otherwise provided. the practice and
proceedings In the district court shall be
the same az any other civil proceeding
under tho code OF civil procedure OF
tho state OF Colorado. The judgment
or orders OF tho district court may be
enforced In the same manner as other
Judgments or orders OF said court. The
judgment or orders OF tho district
court may be reviewed by the supreme
court In the same manner ms other civil
actions and proceedings are reviewed
under tho laws OF the state OF Colo
In the district court Tor a review dc
MORO or otherwise of any order or
Judgment of the commission. shall of
Itself stay or suspend tho operation of
the order or decision OF the commits
sion and likewise, during the time al
lowed by law for obtaining a superse-
IDEAS from tho supreme court. staying
the Judgment or order OF any district
court. and also during the tendency
OF any such proceeding In the supreme
court. the order or decision OF the com
mission shall be stayed and suspended.
Section So. 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 cues
concerning any order or decision of the
commission; shall be preferred over al
causes. and shaii be heard and deter
mined in preference to all other civil
business except election causes, IRE
spective OF positions on the calendar
The same preference shall be granted
upon application of the attorney of the
commission In any action or proceeding
In which he may be allowed to inter-
vcnc.
Section 81. For the purpose OF ascer-
tanning the matters and things spcci-
fled In section 81 of this act. concern
Ing the value OF the property OF public
utilities. the commission may cause q
hearing or hearings to be held at such
time or times and place places a.
the commission may designate. Be
fore any hearing is had, the commits
sion shS Siye th sas PI9 hT,y u5y a6
tIce, specifying the time and place OF
such hearing. and such notice shall be
sufficient to authorize the commission
to inquire into the matters designated
In THIS section and in said section 3,
~ this act, but this provision shall MOI
prevent the commission from making
any preliminary examination or hives
tipation into the matters herein re-
r.rred to, or from inquiring into such
matters in any other investigation or
hearing All public utilities affected
shall be entitled to be heard and to In
troduce evidence at such hearing or
hearings. The commission is empow-
cred to resort to any other source of
Information available. The evidence
Introduced at such hearing shall be re-
duced to writing and certified under
the seal 81 the commission. The COM
mission shall make and file Its findings
Of fact In writing upon all matters con-
aerning which evidence shall have been
introduced before II which In its judg-
ment have bearing on the value OF the
Such findings shall be subject to re-
view by the district and supreme court
within the same time as other orders
and decisions OF the commission. as In
this act provided. The findings OF the
commission so made and filed. when
properly certified under the seal of the
commission. shall be admissible In evil
denee In any action. proceeding or
hearing before the commission or any
sourt. In which the commission. the
state or any officer department or In
and county. municipality or other body
politic and the public utility affected
may be interested. whether arising I'M
der the provisions OF this act or other
wise. The commission may from time
to time cause further hearing and in
vestiEations to be had FOR the purpose
u making revaluations or ascertaining
tho value OF any betterments improve
ments. additions or extensions made by
any any, ppniG mtiii5y subsequent subsequent to any any
may examine into all matters which
may change. modify or affect any find
ing of fact previously made. and may
At such time make findings of fact
supplementary to those Heretofore
made. Such hearings shall be had
upon the same notice and be conduct ed
in the same manner. and the findings
% made shall have the same force and
fleet as Is provided herein for such
original notice. hearing and findings:
provided. that such findings made at
such supplemental hearings or investi-
sations shall be considered In connec-
elemental findings shall change or
modify the findings made at the orig
lnal hearing or investigation.
section IS. ta) Any public utility
which violates or falls to comply with
any provision OF this act. or whish
falls, omits or neglects to obey. o9-
serve or comply with any lawful orden
decision, decree, rule. direction. demand
or requirement or any part or provi-
sions thereof. OF the commission. In n
ease In which penalty has not here
tnbefore been provided for such public
utlllty. Is subject TO a penalty OF not
IcHs than five hundred dollars nor more
than two thousand dollars for each and
every offense.
OBJ Every violation OF tho provisions
uf this act or OF any lawful order. de-
cision. decree. rule. direction demand
or requirement OF the commission, or
any part or portion thereof by any
corporation or person LIS "a separate and
diHtlnct offense. and In case OF n con-
tinuing violation each days continu-
anee thereof shall be and be deemed
to be n separate and distinct offcnse
tcl In constituting and enforcing tho
provisions OF this act relating to pom
altloa, the act. omission or failure OF
public utility, acting within the scope
% his official duties or employment,