The Elbert County tribune., 1912-10-18

record
OF all proceedings had before the COM
mission or any commissioner on any
formal hearing had. and all testimony
shall be taken down by a reporter ap-
parties shall bo entitled to be heard in
person or by attorney.
Secticn 81. Any public utility shall
have right to complain on any of the
grounds upon which complaints are al,
the same procedure shall be adopted
and followed as in other cases, except
parfs by the commission or may be
served upon any parties designated by
shall raise any rate, fare, toll, rent al
OF charge or SO alter any classification,
rule or regulation contained in Its
any rate, fare. toll. rental or charge,
under any circumstances whatsoever.
mission and finding by the commits
sion that such increase % Is justified
stating an Individual or Joint rate. fare.
toll. rental, charge, classification. rule
ing In an increase in any rate. fare toll.
rental. or charge, the commission shall
have power. and 1t is hereby given au-
thority, either upon complaint or upon
al once. and IL il 50 orders. without
the interested public utility or utili-
ties, but upon reasonable notice. to
enter upon a nearing concerning the
propriety OF such rate. fare. toll. rental.
lion. and pending iin; he hearing hear and the
rental. charge, classification, rule or
regulation shah 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. charge. classification. rule or
regulation would otherwise go into ef-
feet unless the c9mmlssl,or ,oS m ip It's dis
sion fos a further period not exceed
ing three months. On such hearing the
commission shall establish rates, fares.
tolls. rentals. charges. classifications.
or in part. or Others In lieu thereof.
| which 1t shall find to be just and rea-
sonable. All such rates. fares. tolls.
rentals, charges. classifications, rules
on the expiration OF thirty days from
the time of filing the same with the
commission, or of such lesser time as
feet and be the established and effec-
tive rates. fares. tolls. rentals charges.
subject to the power Of the commits
sion; after hearing had on its own
molten molten, or upon eomplai,nst' as herein
Section So. The commission may at
any time. upon notice TO the public
20 be heard as provided in the case OF
complaints. rescind. alter or amend any
order or. decision made by it. Any or
prior ri ee; order Or AS decisiSn shall. Wien :
when served upon the public utility
affected. have the same effect as is
herein provided for original orders or
decisions.
Section "a. After any order OF de-
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 q rehearlng In respect to
any matters determined In said action
or proceeding and specified in the ap-
mission may grant and hold such rehear-
ing on said matters, if 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-
fore the effective date of said order or
decision, application to the commission
for a rehearing. If such application
for rehearing Is made. the effective
date of said order is thereby suspended
order OF the commission upon such Pc
tition or Application for rehearing is
shall set forth specifically the ground
or grounds on which the applicant con-
siders said decision or order to be un-
! lawful. If. 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
in any respect unjust or unwarranted.
may abrogate. change or modify the
| same. An order or decision made after
or modifying the original order or. de-
cision shall have the same force and ef-
feet as an GrdeT isrfy or dseisien
the application for rehearing is de-
MED. or. Il the application is granted,
diion of the decision on the rehearing
and-the entry of Judgment thereon, any
party aggrieved by the order or judg-
the district court of the county In
which the principal place of business
same manner and under the same pro-
cedure as an appeal is taken from
county courts In the state OF Colorado
to the district courts, and thereupon
trial de moro shall be had, or, the party
aggrieved may apply to the district
syae bS 5Sr the laws wr Of e ssta coo
rado for the review of decisions of in
terior tribunals. or may take such
laws OF the state of Colorado are appli-
cable for the protection of the rights
Of said aggreysd 1ssSfy the Sraese as an
proceedings in the district court shall be
ths same as any other civil proceeding
the state of Colorado. The Judgment
or orders of the district court may be
enforced in the same manner as other
Judgment or orders of tho 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 a 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
the Judgment or order OF any district
court, and also during the pendency
court. the order or decision OF the COM
mission shall be stayed and suspended.
ines under this act, and all actions or
Proceedings to which the commission