Gilpin observer., 1912-10-10

The authority for submitting such pro-
found in Section 1 of Article s Of the
Constitution of the state OF colorado.
providing for the Initiative and Refercn-
The proposed amendment to the Con-
sttution of the State of Colorado is as
i'i.SGS coNssT1TuT1oNAL AMENDMENT
AMENDMENT TO ARTICLE vi or
srATE THE coNsrlr9T5RN oF GoIdRNpo. OF TO The hE
KNoWN AS sEcT1oN 81 OF SAID
Be u Enactcd bv the People of the State 6f
Section !. There shall be added to Ar
| ticle VI of the Constitution of the State
as Section 81 of said Article vi. and to
be valid as part of the Constitution as
Section 81. (a) There is hereby ere
| ated Public Utilities Court of three
members. to be appointed by the Cover
| ment. one for a term of two years. one
for term Of four years and one for
cessors shall qualify. and on the third
Tuesday in January. 1915, and each two
years thereafter. the Governor shall ap-
be filled by the Governor for the unex-
member shall be Five Thousand Dollars
| and the Court may appoint such en-
g ,asd as h be h ba f oa o
flee at the pleasure of the Court; az
| salaries to be paid in equal monthly In
and salaries of it's members and en-
ployes. shall be paid on Its reqaisition
9ut of the general fInd of of Isb the s.a,s @
| a member of said Court who. within five
years of his appontment. shall have
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-
ting them are hereby repealed.
(b) Said Court shall have exclusive
| Jurisdiction over. and 1t shall have fun
power and it shall be its duty to make
and enforce re sonabe rates for every
public service within this state. and rea-
sonable rules and regulations for the per-
formance of such service and Tor the
pIoyes: but such rates shall not BE
higher than win produce the annua,
maintenance and the annual taxes and
| not to exceed reasonable per .centum
per annum upon the actual cash value
of the physical property OF the plant
actually engaged In such service. and
no item other than the four just named
shall be considered in fixing rates.
(c) Said Court shall hold all It's 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 10 appear before 1t all witnesses
and TO be produced before II 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 dsobedience
of Its orders and judgments or of any
Of the provisions and requirements of
this section. and punishment of corpora
tions shall be imposed upon their Off
GERS and agents by fines in such amount
or 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
Of any final decision by said Public Util-
ties Court the Supreme Court OF this
State may by writ of certiorari or re-
view. for the purpose of having tile law
quire into and determine the same. No
new or additional evidence may be in
troduced & in the Supreme Court. but the
the Public Utilities Court as certified to
by Il. The review shall not be extended
said Court has regularly pursued its au-
thority. including determination of
whether the order or decision under re-
thereto under the constitution of the
United States or of the State of Colo
the Public Us.lities Court on questions
of fact shall be final. and shall not be
subject TO review. Such questions Of
findings and conclusions OF the Public
Utilities Court on reasonableness and
supreme Ipr Court shall shall % enter % judgment nt
either affirming or setting aside the or
der or the decision of the Public Utilities
Civil Procedure of this State relating
to writs of review. shall. SO far as APP
plicable. and not In conflict with the
provisions of this section. apply to pro-
ceedings instituted in the Supreme Court
under the provisions hereof. No review
or reversal shall be had by said Supreme
Court except by a vote of five OF the
members thereof. and the judgment of
said Pubic Utilities Court shall remain
in full force and effect until reversed or
modified by the Supreme Court on final
cd This section shall apply to. and
said Public Utilities Court shall have
the Jurisdiction aforesaid over, all indi-
eign and domestic. their lessees. triis-
tees. agents and receivers. operating any
car or conveyance within this state for
transporting passengers or anything OF
value for hire. or collecting anything of
value In connection with such service.
telephone or telegraph service or opernt-
ing anything in connection herewith. for
hire. or operating any aqueduct canal or
pipe line for hire, or which have or exer-
else the power OF eminent domain or
have or exercise any franchise. permit
ep which ape in
ness at any time declared by law be-
Ing affected with a public interest. or
| engaged In anything which said Court
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 greater or less
or different compensation for any pro-
duct or commodity furnished or to bo 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 service as speci-
fled In It's 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