The Delta independent., 1924-01-25
WOULD HAVE FREEDOM
OF PUBLIC HIGHWAYS

The questions discussed in TINS ar
ticle relate to the policy that should
be pursued by the people of the State
of Colorado with reference to the free
use of the public roads and highways
of the State of Colorado.
In 1913 a Public Utilities Act was
passed by the State Legislature; 1t Is
set forth in Chapter 1877 Of the Session
Laws of that year. This Act was re-
ferred to and approved by the voters
of the State of Colorado at the en-
suing general election.
In Subdivision 9 Of Section it de-
fined Common Carriers as Every
railroad corporation, express CORPORA
ton, dispatch, sleeping car, dining
car, drawing room car, freight, freight
line, refrigerator, oil, stock, fruit, car
loaning car renting, car loading, and
every other car corporation or per-
son operating for compensation with
in this state"
In the year 1915 the Legislature
amended this Act by Chapters 1873 and
1874 so as to place within the jurisdic-
LlOH OIL lllt uDlN u NtAAiAiAAs
sion ANY person, firm, association OF
persons or corporation, now or here
after engaged in transporting pass
engers, freight or express for hire In
this state in any automobile or other
vehicle whatever. and operating for
the purpose OF affording a means OF
transportation similar to that afford
ed by railroads or street railways. ana
in competition Herewith. by indis-
criminately accepting, discharging and
laying down either passengers, freight
or express between fixed points or
over established routes, is hereby de-
clared 10 be connected with a public
interest and to be public utility, and
subject to the laws OF this state now
in force and effect or that may here
after be enacted pertaining to public
utilities"
The term Common Carrier" as
quoted in Subdivision Il OF the 1913
Act was enlarged so as to include
every other corporation or person at
fording a means OF transportation by
automobile or other vehicle whatso-
ever, similar to that ordinarily afford
ed by railroads or street railways. and
in competition herewith. by indis-
criminately accepting, discharging and
laying down either passengers. freight
or express between fixed points or
over established routes,
Under and by virtue OF these statu-
4. -,
has taken jurisdiction over the IL
censing of motor truck and motor auto
mobile lines and thereby determining
what persons may and what persons
may not use the public highways OF
the state in the service OF the public.
This Jurisdiction is based upon the
thought that public regulation is ne
cessary in order to guard the interests
OF the travelling and shipping public
and that monopoly is essential in order
to afford a basis for fixing and regu
lating rates. Whether the regulation
OF rates in the interest of the public
will later be taken by the Public
Utilities Commission one does not
know. for so far the activities OF the
Commission have been simply TO grant
to some and refuse to others tho
right to engage in the service of the
public, with little or no attention to
reasonableness OF rates or inquiry In
to discrimination in rates. In all fair
ness 1t must be stated that perhaps
later on when inspections OF the books
OF these corporations enjoying these
monopolistic privileges are had that
basis may be found for the adjustment
OF rates. but for the present no ad.
vantages whatever have been realized
by the people OF the State OF Colo
RADIO from the granting OF these mono
polstic privileges while seemingly
grave injustice has been done to
scores OF worthy men who have been
driven out OF business or kept from
engaging in business by reason OF the
denial OF certificates Of public neces.
sity by the Commission.
The question as to whether the use
of the public highways by the public
for all lawful and proper purposes
shall be restricted Ia purely pollti.
cal one. The Public Utilities Commits.
sion frankly state that they did not
ask for the passage OF this portion OF
the Act but that It was wished upon
them and that their only desire is to
enforce the law as II exists. They are
frank In conceding liberty to the
Legislature to act In regard TO the mat.
ter OF the free use OF public roads as
the Legislature may desire, or that tho
people by the initiative may. should
they wish, do away with this Jurisdic.
ton conferred upon them.
The idea OF the public road being
for the service OF the public and for
the use OF the public for every legitl-
mate purpose is one OF the fundament.