The Elbert County tribune., 1912-10-25

Its order. A full and complete record
mission or ann can, nan osioae the oom-
formal hearing haG, and all testimony
shaii shaii be taken down by a. reporter ap-
pointed by tho commission, and the
parties shall be entitled to be heard In
person or by attorney.
have a right to complain on nny OF the
grounds upon which complaints are al
lowed to be filed by other parties. and
and followed as In other cases, except
that the complaint may be heard e1
pdrfe by the commission or may be
served upon any parties designated by
the commission
SECTION SO. ta). No public utility
shall raise any rate. fare. toll, rent al
rule or regulation contained in its
scheduie as to result in an increase In
any rate, fare. toll. rental or charge.
except upon a showing before the COM
mission and finding by the commits
% Whenever there shall be filed
with the commission any schedule
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 complaint,
answer or other formal pleadings by
the interested public utility or utili-
ties. but upon reasonable notice. to
enter upon hearing concerning the
propriety of such Fate fare, toll, rental,
eharge, Classification rule. or regula-
decision thereon Rs such UGH n rate. fare. r' toll, oil
rental. charge, classification. rule or
regulation shall not go Into effect; pro-
such rate, fare. toll. rental. charge.
classification, rule or regulation shall
no, not extend beyond ninety days beyond
the time when such rate, fare. toll,
rental. charge, classification. rule or
regulation would otherwise &c into ef
cretion. extends the period Of suspen-
sion for a further period not exceed
Ing three months. On such hearing the
tolls, rentals, charges. classifications.
rules or regulations proposed, in whole
,nh or In part or , others In lie, lieu thereof,
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.
classifications. rules and regulations,
sion, after a hearing had on its own
motion or upon complaint, as herein
Section SO. The commission may at
any time. upon notice to the public
utility. affected, and after opportunity
complaints rescind. alter or amend any
order or decision made by Ii. Any or
der rescinding. altering or amending
when served upon the public utility
affected. have the same effect as is
decisions.
Section 81. After any order or de-
cision has been made by the commis-
si9n' any party to The aStion or nS pre-
holder or other party pecuniarily in
terested in the public utility affected,
may apply for a rehearing in respect to
any matters determined In said action
or proceeding and specified in the APP
plication for rehearing, and the COM
mission may grant and hold such rehear-
Ing on said matters, If in its judgment
sufficient reason therefor be made to
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. II such application
date of said order Is thereby suspended
until a period of thirty days after the
ution or application for rehearing IS
made and entered Such application
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
consideration of all the facts, including
order or decision. the commission shall
be of the opinion that the original or
der or decision or any part thereof Is
or should be changed, the commission
may abrogate. change or modify the
same. An order or decision made after
such rehearing abrogating. changing
or modifying the original order or de-
cision shall have the same force and ef-
feet as an original order or decision.
Section 55. Within thirty days after
the application for a rehearing is de-
then within thirty days from the rem
dition of the decision on the rehearing
and the entry of judgment thereon, any
party aggrieved by the order or judg
ment of the commission may appeal TO
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
aggTieved may apply to the district
een bS 5Sr e any Wra Of sate az coo
rado for the review of decisions of in
ferior tribunals. or may take such
laws Of the state of Colorado are appli-
cable for the protection OF the rights
of said aggrieved party. Except as here,
proceedings in the district court shall be
the same as any other civil proceeding
under the code Of civil R procedure Of
or orders OF the district court may be
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
rado. 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 commis-
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
OF any such proceeding In the supreme
mission shall be stayed and suspended.
Section Sc. All actions and proceed
Proceedings to which the commission