The Elbert County tribune., 1912-10-18

1885 o'clock, A. NJ.
The authority for submitting such pro-
found in Section i Of Article of the
Constitution of the State of Colorado.
providing for the Initiative ana heferen-
The proposed amendment to the Con-
stitution of the State OF Colorado is as
io,tSGs ,ctSoGNssT1TuT1oNAL AMEapMENT.
AMENDMENT TO ARTICLE VI oE
sTATKN gNowN as as sEeTioA dSHi9oAD 81 OF F. SAID fb
Be n Enacted By the People Of the State Of
section Section i. There shall be added to Ar
ticIe VI of the Constitution of the State
OF Colorado. an amendment to be known
as Section 81 OF said Article VI. and to
be valid n 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
nor upon the adoption OF this amend
ment one for a term of two years. one
term ter Of six years. and until their sue
cessors shall qualify. and on the tnlrd
Tuesday in January 1sls: rnoa ana shsn sbsI 'Wo an
point one member of said Court for a
term of six years. All vacancies shall
pired term. The annual salary. OF each
member shall be Five Thousand Dollars
and the Court may ua appoint - susn en,aeias em-
TO be fixed by it, and who shall hold OF.
flee at the pleasure of the Court; all
ssalIments' All expenses Of said Court.
and lie salaries of its members and EN-
ployes. shall be paid on its reau'siu1n t 1,n,n
treasury No person shall be eligible as
a member OF said Court who. WITHIN 1ive
been a stockholder, bondholder or attor-
ney of or actively Interested IN any pun
lie utility corporation Al state coh IN
powers herein conferred upon said Court
are hereby abolished and the laws Gre
ating them are hereby repealed.
tb) Said Court shall have exclusive
Jurisdiction over and it shall nave tull
power land IT shall be its duty 70 MIX, make
public service within this state. and rea-
sonabie rules and regulations for the per.
health and safety of patrons and em-
ployes: but such rates shall not pc
higher than win produce the annual
cost of operation. the annual cost OF
maintenance and the annual taxes. ana
not to exceed reasonable per centum
per annum upon the actual cash value
of the physical property of the plant
actually engaged In such service. and
nSa be dhae n 9ng rates
(c) Said Court shall hold all its pro-
ceedings 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 II all books.
papers accounts other thing which
1t may deem necessary In order to fix
reasonable rates or to require reason
ders and judgments and the provisions
and requirements of this section. and to
punish as for contempt any disooedience
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
of any final decision by said Public Utili-
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
new or additional evidence may be in
troduced in the Supreme Court. but the
the Public Utilities Court as certified to
by 1T. The review shall not be extended
further than to determine whether the
said Court has regularly pursued It's au-
thority. including a determination of
view violates any right Of the party
thereto under the constitution of the
United States or of the State sof Colo.
rado. The findings and conclusions of
the Public Utilities Court on questions
of fact shall be final, and shall not be
fact shall include ultimate facts and
findings and conclusions OF the Public
Utilities Court on reasonableness and
Supreme Court shall enter judgment
either affirming or setting aside the or
der or the decision of the Public Utilities
Court The. provision of the Code of
Civil Procedure of this. State relating
to writs of review. shall. so far ap-
provisions of this section, apply to pro-
ceedings instituted in the Supreme Court
under the provisions hereof. No review
or reversal shall be had by said Supreme
Court except by vote, of five of the
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
(d) 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 lessees tr,is-
tees. agents and receivers. operating any
car or conveyance within this state for
transporting passengers anything of
value for hire or collecting anything of
value in connection with such service.
telephone or telegraph service. or operat-
ing anything in connection Herewith, for
ppe line in fer hire or which have eana or or
else the power of eminent domain, or
have or exercise any franchise, permit
way. or which are. engaged in any busi-
ness at any time declared by law as be-
Ing affected aft M with publle PUBLIC interest, or
may declare to be a public service.
(e) No firm. individual or corporation
subject to the provisions of this section
or tender any free ticket, frank free
pass or reduced rate. nor charge, de-
mand, collect or receive greater or less
or different compensation FOR any pro-
duct or commodity furnished or to be fur
nished. or for any service rendered or
tails. and charges applicable to such pro-
duct or commodity or service as speci-
fled in its schedules on file and In effect
at the time. nor shall any such public
utility refund or remit. directly or indi-
rectly. in any manner or by any de-
vice. any portion of the rates, tolls rem
:als and charges SO specified, nor ex-
tend to any corporation or person any
form OF contract or agreement or rule or