The daily sentinel., 1912-05-16
GUURT bIII

publlc utilities court bill that is to be
lhitiated at the coming fall election
are pelnS mailed to the different
counties Tor circulation under the di-
rectlon of the direct legislation
league, the farmers union and the
federation of labor. The petition will
be in the nature of an amendment to
the state constitution and will be
section 81 or article VI.
Briefly, the passage of such mea-
sure will take the fixing of rates ont
OF politics; prevent legislative bod
les from interfering with such mat
tiers; prevents other courts from en-
joining, but the state supreme court
can hear complaints upon final an
peals; provide for reasonable public
service rates from railroads, water
companies. electric light companies,
etc; prevents the issuance of water
ed stocks and bonds; provides for
anti-pass legislation and prohibits
free service from all public utilities
corporations.
during the past five years there
mas been a remarkable growth in
TINS country of this character of
courts. Eleven years ago they ex-
isted in only three states and five
years ago there were five of them.
Now utilities court is in % differ
ent states. Besides supervision over
the utilities mentioned above these
courtsfcontrol the actions of such
CORPORATIONS as the telephone and
similar companies.
The court is to be composed of
three Judges TO be appointed by the
governor, and the terms of office ex-
fn ftrp
years. and a third for six years. The
compensation of the members is s5-
ooo year, and members have DOW
er to name such employees necessary
TO carry out the provisions of the
law. All salaries are to be paid out
of the general fund of the state treas
ury. All state commissions or boards
exercising any of the powers of the
court are to be abolished and. the
laws creating them are to be re-
pealed.
A feature of the proposed law is
that in connection with the courts
power to create rates for public util-
ltles corporations the rates must not
be higher than will produce the an
nual cost of operation. the annual
cost OF maintenance and the annual
taxes. and must not exceed a reason
able per centum per annum upon the
actual cash value of the physical
property of the plant actually en-
gagged in such service. and no item
other than the four here mentioned
shall be considered in fixing rates
Ihe court Is TO have power to i'm
pose upon corporations such fines
and penalties as may be justified for
violations of any of the provisions
or the law. Imprisonment also can
be ordered by the court of officers
and agents of such corporations as
may violate the provisions of the
act provided that within 80 DAYS af-
ter the rendition of any final decision
by the public utilities court the state
supreme court may by writ of certi-
orari or review, for the purpose of
having the lawfulness of said decis-
ion passed upon, inquire into and de-
termine the same. No new or addi-
tional evidence may be introduced in
the supreme court but the cause
shall be heard on the record of the
utilities court as certified to by il.
The review shall not be extended
further than to determine whether
the said court has regularly pursued
its authority. including a determine
tion of whether the order or decision
under review violates any rights of
the party thereto under the consti-
tuition of the United States or of the
state of Colorado. The findings and
conclusions of the utilities court on
questions of fact shall be final. and
snail not be subject to review No
review or reversal shall be had by
the supreme court except by vote of
flve of Its members and the Judgment
OF the utilities court shall remain in
force and effect until reversed or
modified by the supreme court on
final hearing.
The public utilities court shall
have jurisdiction over all individu-
ais. firms, corporations. both foreign
and domestic, their lessees. trustees
agents and receivers, operating anv
car or conveyance within this state
for transporting passengers or any
thing of value for hire. or collecting
| anything of value in connection with
such service, or furnishing water.
llght, heat, power, telephone or tele-
graph service, or operating anything
in connection Herewith for hire. or
operating any acqueduct, canal or
pipeline for hire, or have or exercise
the power of eminent domain. or
have or exercise any franchise per-
| NIT or license in, upon or over any
public way or which are engaged in
any business at any time declared
by law as being affected with a
public interest, or engaged in any
thing which the said court may de
clare to be public service
Legislation may be enacted to ia
cilitate the operations of this law.
NUT in no way limiting or restrict
| ing the powers of the law. In fact.
the proposed new law is in all re-
| spects. self-executing.