The Elbert County tribune., 1912-11-01

NINTH. day Of JUNE. A. D. 1912. at
The iD authority atHei = for r. submitting such pro-
posed amendment to the Constitution is
found In Section l OF Article : of the
providing for the Initiative and Referen-
dunn.
stitution of the State of Colorado is as
follows: -
THE CONSTITUTION OF THE
STATE so OF sss}!&2RA GoLoRAADo, q, or TO BE BE
Be II Enscfed By the People of the State Of
Section i. There shall be added to Ar
ticle VI of the Constitution of the. State
OF Colorado. an amendment to be known
be valid as part of the Constitution as
follows:
ated a Public Utilities Court of three
members. to be appointed by the Cover
nor upon the adoption Of this amend nd
for term of four years and one for
term OF six years; and until their sue sue
Tuesday in January. 1915. and each two
years thereafter. the Governor shall ap-
Term of six years. All vacancies shall
be filled by the Governor for the unex-
member shall be Five Thousand Dollars
and the Court may appoint such, en-
ployes as may be necessary at salaries
to be fixed by IT. and who shall hold Of
flee at the pleasure of the Court; all
salaries to be paid in equal monthly in
and ,.ie salaries OF its members and en-
ployes. shall be paid on. its requisition
out OF the genera, ,hnd shi, be S eIIeble .aas as
a member OF said Court who. within five
years of his appointment, shall have
ney of or actively Interested in any pub
lie utility corporation. All state com
missions boards exercising any of the
powers herein conferred upon said Court
are hereby abolished and the laws Gre
ating them are hereby repealed ,,,.,,.o
jurisdiction over. and 1t shall have full
power and It shall be Its duty to make
public service within this state, and .rea-
sonable rules and regulations for the per-
health and safety of patrons and en-
ployes: but such rates shall not be
higher than win produce the annual
maintenance and the annual taxes. and
not to exceed reasonable per centum
OF the physical property of the plant
no item other than the four just named
shall he considered in fixing rates.
tc) Said Court snail hold all its pro-
ceedngs in public. and shall have full
hear and determine complaints concern
ing the rates charged and service rem
dered by any individual. firm or corpora
tion engaged in public service, whether
made by one of Its members or by others.
to cause to appear before 1t all witnesses
and to be produced before It all books.
papers. accounts 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 for contempt any disobedience
of its orders and judgments or of any
of the provisions and requirements of
this m and no Of fh
GERS and fagents by fines in such amount
or imprisonment for such time. or both.
as the Court. in its discretion. may or
der in addition to that imposed upon
the corporation itself: provided. that
Of Si'n any final decision by said Public utiii-
ties Court the Supreme Court of this
State may by writ of certiorari or re-
fulness of said decision passed upon in
quire into and determine the same. No
troduced in the Supreme Court. but the
cause shall be heard on the record of
the Public Utilities Court as certified to
by It. The review shall not be extended
further than to determine whether the
said Court has regularly pursued its au-
whether the order or decision under re-
view violates any right of the party
United States or of the State of Colo
RADIO. The findings and conclusions of
the Public Utilities Court on questions
subject to review Such questions of
fact shall include ultimate facts and
discrimination. Upon final hearing the
Supreme Court shall ,e enter - Judgment d
der or the decision of the Public Utilities
Court. The provision of the Code cS
Civil Procedure of this State relating
to writs of review, shall. so far as APP
plicable. and not In conflict with the
ceedings Instituted in the Supreme Court
under the provisions hereof No review
or reversal shall be had by said Supreme
4ttrt hNr IN nf tNTa ~ he.
members thereof, and the Judgment of
said Public Utilities Court shall remain
modified by the Supreme Court on final
hearing.
said Public Utilities Court shall have
the Jurisdiction aforesaid over, all indi-
viduals. firms corporations, both for
tees. agents and receivers, operating any
car or conveyance within this state for
transporting passengers or anything of
value in connection with such service.
or furnishing water. light. heat, power.
telephone telegraph service. or operat-
ing anything in connection Herewith for
hire, or operating any aqpeduct. canal or
else the power of eminent domain. or
have exercise any franchise. permit
or license in, upon or over any public
ness al any time declared by law as be-
ing affected with 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 a greater or less
Or different compensation FOR any pro-
duct or commodity furnished or to be fur
nished. for any service rendered or
to be rendered than the rates, tolls. rem
tails and charges applicable to such pro-
duct or commodity or service as speci-
fled in its schedules file and in effect
at the time, nor shall any such public
utility refund remit directly or indi-
rectly. In any manner or by any de-
vice any portion of the rates, tolls rem
.als and charges specified nor ex-
tend to any corporation person any