The Elbert County tribune., 1912-10-25

NINTH day of JUNE. A. D. 1912. at
The authority for submitting such pro-
posed amendment to the Constitution is
constitution OF the State of Colorado.
providing for the Initiative and Referen-
dunn.
stitution Of the State Of Colorado is as
iotr9s iotcr9osNssTITuTIoNAI. AMENDMENT.
AMENDMENT TO ARTICLE VI OF
THE CONSTITUTION OF THE
ENowN sTATE 0E as sEeT1eA dSh26AAD 81 OF F. sAfb hb
Be II Eracfed by the People Of the State Of
Section Section i. There shall be added to Ar
tice 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 a Public Utilities Court OF three
members. TO be appointed by the Cover
ment, one for term Of two years. one
for a term of four years ana one Tor
eessors ees,e 81 shall hal quality. and on the third
Tuesday in January. 1915. and each two
years thereafter. the Governor snail ap-
term OF six years. All vacancies >shall
be filled by the Governor for the unex-
pired term The annual salary OF each
member shall be Five Thousand Dollars
and the Court may appoint such em-
ployes as may be necessary at salaries
10 be fixed by it; and who shall hold Of
ire at the pleasure of the Court. all
salaries TO be paid in equal montn1y sn EI, IN
and ,..e salaries Of Its members and EN-
pIoyes. shall be paid on it's reouisition
treasury. No person shall be eligible as
| a member of said Court who. WITHIN tive
years of his appointment sna ar aftore nnve
ney of or actively interested in any pub
lie utility corporation All state com
missions or boards exercising any OF the
powers herein conferred upon said Court
are hereby abolished and the. laws Gre
ating them are hereby repealed.
GbI said Court shall have exclusive
Jurisdiction over. and it shall have fun
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 viii produce the annual
maintenance and the annual taxes, ana
not to exceed a 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 its pro-
ceedings in public, and shall have full
power to adopt rules OF procedure. to
hear and determine complaints concern
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 TO appear before 1t all witnesses
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 for contempt any disobedience
\! 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
| der. in addition to that imposed upon
the corporation. itself: provided. that
within thirty days after the rendition
| ties Court the Supreme Court of this
| State may by writ of .certiorari or re-
| view. for the purpose of having the law
| 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
| 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 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
+ findings ana CONCLUSIONS or the Pubic
Utilities Court on reasonableness and
supreme. Court shall enter Judgment
| der the decision of the Public Utilities
| Court. The provision of the Code N
| 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.
| under the provisions hereof. No review
or reversal shall be had by said Supreme
I - -
members thereof, and the Judgment of
| said Public Utilities Court shall remain
in full force and effect until reversed or
modified by the Supreme Court ON final
Cdj This section shall apply to-. and
said Public Utilities Court shall have
the Jurisdiction aforesaid over. all indi-
viduals. firms, corporations. both for
eign and domestic. their iessees trns-
| 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 aqueduct, canal or
pipe line for hire. or which have or exer-
else the power of eminent domain. or
| have exercise any franchise permit
or license in, upon over any public
way. or which are engaged in any busi-
! ness at any time declared by law as be-
ing affected with a public interest. or
engagaea asc,ar IN anything an m nSn %hicn said Court
| (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. or 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 on file and in effect
| nY1h lfC
| utility refund or remit. directly or indi-
/ rectly, in any manner or by any de-
/ vice. any portion of the rates. tolls. rem
sails and charges so specified. nor ex-
| tend to any corporation or person any