Gilpin observer., 1912-10-10

mission or any Commissioner on any
formal hearing had. and ali Testimony
pointed by the commission, and the
parties shall be entitled to be heard in
person or by attorney;
have right to complain on any of the
grounds upon which complaints are al
tSe sha
and followed as in other cases, except
that the complaint may be heard co
pdrte by the commission or may be
served upon any parties designated by
the commission.
Section SO. (a) No public utility
shall raise any rate. fare, toll, rental
rule or regulation contained in its
schedule. as to result In an increase In
any. any rate; fare toll; rental %, or charge
except upon showing before the COM
miss mission and a finding BY the Gommis- s,nI
OBJ whenever there shall be filed
stating an individual or joint rate. fare.
or regulation. not Increasing or result
ing In an increase In any rate. fare. toll:
rental. or charge, the commission shall
thority. either upon complaint or upon
ITS own Initiative, without compliant.
at once and IL It SO 9rders, insdi~ Walnoul hy
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
rental. charge, classification, rule or
regulation 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. Inc charge. e ciassification. rule or
regulation would otherwise go into ef-
feet unless the commission, in Its dis
cretion. extends the period of suspen-
sion for further period not exceed
Ing three months. On such hearing the
commission shall establish rates. fares
tolls. rentals, charges. classifications,
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 or 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 1t. Any or
der resembling. altering or amending a
when served upon the public utility
affected. have the same effect as is
herein provided for original orders or
decisions.
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 rehearing In respect to
any matters determined in said action
| 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
decision, application to the commission
| for a 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
or sacb sor
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
any shyuIS rssPeet Pe ehnnSed ah the c@mmission
may abrogate, change or modify the
| same. An order or decision made after
or modifying the original order OF. de-
| cision shall have the same force apd ef-
feet as an original order or decision
Section 55. Within thirty days after
| the application for a rehearing Is de-
MED. or. IL the. application is granted.
then within thirty days from ,h he. the rem, REM
party aggrieved by the order or judg-
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
| trial de noro shall be had. or. the party
| aggrieved may apply to the district
court for any writ or remedy now
given by the i LAWS OF the esiaena a et Of iD
ferior tribunals. or may take such
other proceedings or actions as by the
cable 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 &c, Golorado, The h Judgment sY hs
i
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
| in the district court for 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 a superse-
| deas from the supreme court. staying
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 56. 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
| tioi, arises under this act. or under or
| concerning any order or decision Of the