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SEP^lVl914 
 
 Circular No. 1 
 
 Law Creating 
 
 The Public Utilities Commission 
 
 of the 
 
 State of Colorado 
 
 ISSUED BY 
 
 The Public Utilities Commission 
 of the State of Colorado 
 
 DENVER, COLORADO 
 
 AUGUST 12, 1914 
 
 DENVER, COLORADO 
 THE SMITH-BROOKS PRINTING COMPANY, STATE PRINTERS 
 
 1914 
 
,,13 
 
 OEPT 
 
 THE PUBLIC UTILITIES COMMISSION OF THE STATE OF 
 
 COLORADO 
 
 COM A! [SSIOXERS 
 
 Aaron P. Anderson Term expires 1915 
 
 Sheridan S. Kendall Term expires 1 ( .)17 
 
 George T. Bradley Term expires 1919 
 
 OFFICERS 
 
 Aaron P. Anderson. . .-.v...- Chairman 
 
 •John \v. Fliniliaiii '.."*.... ».V. l.Z'i\} Secretary 
 
CHAPTER 127. 
 
 PUBLIC UTILITIES. 
 
 (S. B. No. 1. by Senators Burris and Van Tilhorg.) 
 
 AN ACT 
 
 CONCERNING PUBLIC UTILITIES, CREATING A PUBLIC 
 UTILITIES COMMISSION, PRESCRIBING ITS POWERS 
 AND DUTIES AND REPEALING CERTAIN ACTS AND 
 PARTS OF ACTS IN CONFLICT THEREWITH. 
 
 Be It Enacted by the General Assembly of the State of Colorado: 
 
 Section 1. This act shall he known as the "Public 
 Utilities Act" and shall apply to the public utilities and Nameandap- 
 
 ... . , • -i -i n t . ,i • • plication. 
 
 public services herein described and to the commission 
 herein referred to. 
 
 Section 2. (a) The term "commission" when used 
 in this act, means The Public Utilities Commission of the Definitions. 
 State of Colorado. 
 
 (b) The term "commissioner", when used in this 
 act, means one of the members of the commission. 
 
 (c) The term "corporation", when used in this act, 
 includes a corporation, a company, an association, and a 
 joint-stock association. 
 
 (d) The term "person", when used in this act. in- 
 cludes an individual, a linn, and a co-partnership. 
 
 (e) The term "common carrier", when used in this 
 act, includes every railroad corporation; street railroad 
 corporation; express corporation, dispatch, sleeping; car, 
 dining car, drawing room car, freight, freight-line, refrig- 
 erator, oil, stock, fruit, car loaning, car renting, car load- 
 ing, and every other car corporation <>r person, their 
 lessees, trustees, receivers, or trustees appointed by any 
 court whatsoever, operating for compensation within this 
 State. 
 
 2^)8^82 
 
. -I I'l r.l.M' UTILITIES 
 
 Section '■'>. The term "public utility", when used in 
 
 1 UDllC -ii 
 
 ilus act. includes every common carrier, pipe kne corpora- 
 tion, ,un< corporation, electrical corporation, telephone 
 corporation, telegraph corporation, water corporation, 
 person or municipality operating for the purpose of sup- 
 plying the public for domestic, mechanical or public uses, 
 and every corporation, or person now or hereafter de- 
 clared by law to be affected with a public interest, and 
 each thereof, is hereby declared to be a public utility and 
 to be subject to the jurisdiction, coin vol and regulation 
 of the commission and to the provisions of tin's act; Pro- 
 vided, thai nothing in this act shall be construed to apply 
 to irrigation systems, the chief or principal business of 
 which is to supply water for the purpose of irrigation. 
 
 Section 4. A Public Utilities Commission is hereby 
 created which shall be known as The Public Utilities Com- 
 
 commission . , . . , 
 
 created. mission of the State of Colorado and which shall consist 
 
 of three members who shall be appointed by the Gov- 
 ernor, except as in this section otherwise provided. Aaron 
 P. Anderson is hereby designated and named as one com- 
 missioner, and shall hold his office until the second Tues- 
 day in January, 1915; Sheridan S. Kendall is hereby des- 
 ignated and named as one commissioner and shall hold 
 his office until the second Tuesday in January. 1917; and 
 immediately upon the taking effed of this act the Gov- 
 ernor shall appoint a commissioner who shall hold his 
 office until the second Tuesday in January, 1919. The 
 term of office for each commissioner thereafter to be so 
 appointed by the Governor, by and with the consent of 
 the Senate, shall be for the term of six years from and 
 after the expiration of the several terms as herein fixed. 
 No two members of The Public Utilities Commission shall 
 at any t ime be residents of the same Judicial District, and 
 any appointment to fill a vacancy shall be for the unex- 
 pired term. The Governor shall designate one member of 
 the Commission as chairman of the Commission. 
 
 The Commissioners herein named shall receive us 
 
 Compensation. compensation for their services the sum of Three Thou- 
 sand hollars each per annum for the remainder of the 
 respective terms for which tiny were elected as Railroad 
 Commissioners. All Commissioners appointed after the 
 passage of this Ait shall receive as compensation the sum 
 of Pour Thousand Dollars each per annum. 
 
PUBLIC UTILITIES •> 
 
 The Commissioners shall devote their entire time to 
 
 the duties of their office, to the exclusion of any other 
 employment. 
 
 Section 5. Each, commissioner and each person ap- 
 pointed to a civil executive office by the commission shall. Oath, 
 before entering upon the duties of his office, take the con- 
 stitutional oath of office. Each commissioner shall be a 
 qualified elector of this State, and no p< rson in the em- 
 ploy of or holding any official relation to any corporation 
 or person, which said corporation or person is subject in 
 whole or in part to regulation by the commission, and no 
 person owning stocks or bonds of any such corporation 
 or who is in any manner pecuniarily interested therein 
 shall be appointed to or hold the office of commissioner or 
 be appointed or employed by the commission; provided, 
 that if any such person shall become the owner of such 
 stocks or bonds or become pecuniarily interested in such 
 corporation otherwise than voluntarily, he shall within , 
 six months divest himself of such ownership <>r interest; 
 failing to do so, his office or employment shall become 
 vacant. 
 
 Section (5. The commission shall appoint a secretary, 
 whose salary shall be at the rate of twenty-five hundred secretary, 
 dollars per annum and who shall hold office during its salary, 
 pleasure. It shall be the duty of the secretary to keep a 
 full and true record of all proceedings of the commis- 
 sion, to issue all necessary process, writs, warrants and 
 notices and to perform such other duties as the commis- 
 sion may prescribe, and who shall have all the powers 
 conferred by law upon peace officers to carry weapons, 
 make arrests and serve warrants and other process in any 
 county or city and county, of this State. 
 
 Section 7. The commission shall have power, with 
 the approval of the Governor, to employ during its pleas- Employes, 
 ure such experts, engineers, statisticians, accountants, in- 
 spectors, clerks and employees as it may deem necessary 
 to carry out the provisions of this act or to perform the 
 duties and exercise the powers conferred by law upon the 
 commission. The commission shall have power with the 
 approval of the Governor to appoint an attorney at law 
 of this state who shall hold office during the pleasure of 
 the commission and who shall exercise the powers and 
 duties conferred upon him by this act and by the commis- 
 
I'l I'.l.ic UTILITIES 
 
 i ittic.-. 
 
 
 Procure book 
 
 Incur ex- 
 penses. 
 
 - aate 
 Commissioner 
 to hold hear- 
 
 sion. The commissioners, secretary, clerks, inspectors, 
 accountants, attorneys, and all other employees, except 
 experts temporarily in the employ of the commission, 
 shall have been for four years prior .to such appointmenl 
 or employment, bona fide residents of the state of Colo- 
 rado, and each and all of these, except only the attorneys 
 and experts shall, while in the employ of the commission, 
 devote their entire time to the service of the Commission, 
 to the exclusion of any other employment. 
 
 Section 8. (a) The office of the commission shall he 
 in the city and county of Denver. The office shall be 
 open every day. legal holidays and Sundays excepted. 
 The commission shall hold ils sessions at least once each 
 calendar month in said city and county of Denver, and 
 may also meet at such other times and in such other 
 places as may be expedient and necessary for the proper 
 performance of its duties. It shall be the duty of the 
 Board of Capitol Managers, or its successors in authority, 
 to provide suitable quarters for the commission and its 
 officers at the Capitol building. 
 
 lb) The commission shall have a seal, bearing the 
 following inscription: "The Public Utilities Commission 
 of the State of Colorado." The seal shall be affixed to 
 all writs and authentications of copies of records and to 
 such other instruments as the commission shall direct. 
 All courts shall take judicial notice of said seal. 
 
 (el The commission is authorized to procure all nec- 
 essary books, maps, charts, stationery, instruments, office 
 furniture, apparatus and appliances, and incur such other 
 expenses as may be actual and necessary, and the same 
 shall be paid for in the same manner as other expenses 
 authorized by this act. 
 
 Section !). Any investigation, inquiry or hearing 
 which the commission has power to undertake or to hold 
 may he undertaken or held by or before any commis- 
 sioner designated for the purpose by the commission, and 
 every finding, order or decision made by a commissioner 
 so designated, pursuant to such investigation, inquiry or 
 hearing, when approved and confirmed by the commis- 
 sion shall be and be deemed to be the finding, order or 
 decision of the commission. 
 
PUBLIC UTILITIES 
 
 Section 10. (a) All officers, attorney, experts, engi- 
 neers, statisticians, accountants, inspectors, clerks and 
 employees of the commission shall receive such compensa- 
 tion as may he fixed by law or by the commission. The 
 commissioners, attorney, secretary and rate expert shall 
 be civil executive officers and their salaries as fixed by 
 law or the commission shall be paid in the same maimer 
 as are the salaries of other state officers. The salary or 
 compensation of every other person holding- employment 
 under the commission shall be paid monthly from the 
 funds appropriated for the use of the commission, after 
 being approved by the commission, upon claims therefor 
 to be audited by the state auditing board. 
 
 lb) All expenses incurred by the commission pursu- 
 ant to the provisions of this act. including the actual and 
 necessary traveling expenses and other expenses and dis- 
 hursenieuts of the commissioners, their officers and em- 
 ployees, incurred while on business of the commission, 
 shall be paid from the funds appropriated for the use of 
 the commission, upon claims therefor to be audited by the 
 state auditing board. 
 
 Section 11. The commissioners and the officers and 
 employees of the commission, shall, when in the perform- 
 ance of their official duties, have the right to pass, free of 
 charge, on all railroads, cars and other vehicles of eveiw 
 common carrier subject in whole or in part to control or 
 regulation by the commission, between points within this 
 State, ami such person shall not be denied the right to 
 travel upon any railroad, car, or other vehicle of such 
 common carrier, whether such railroad, car, or other ve- 
 hicle be used for the transportation of passengers or 
 freight, and regardless of its class. 
 
 Section 12. The commission shall make and submit 
 to the (Governor on or before the first day of December of 
 each year Subsequent to the year nineteen hundred and 
 twelve a report containing a full and complete account of 
 its transactions and proceedings for the preceding fiscal 
 year, together with such other fads, suggestions, and 
 recommendations, as it may deem of value to the people 
 of the State. 
 
 Section 13. (a) All charges made, demanded or re- 
 ceived by any public utility, or by any two or more public 
 utilities, for any rate, fare, product or commoditv ftir- 
 
 Compensation 
 of employes. 
 
 Expenses. 
 
 Pass free in 
 discharge 
 of duty. 
 
 Annual report 
 to Governor. 
 
 Just and rea- 
 sonable 
 charges. 
 
i'i i-.i.ic utilities 
 
 Maintain 
 
 reasonable 
 
 service. 
 
 Adopt and 
 
 regulate 
 
 rates. 
 
 File printed 
 schedules of 
 rates, etc. 
 
 aished or to be furnished or anj service tendered or to be 
 
 rendered shall lie just and reasonable. Every unjust or 
 unreasonable charge made, demanded or received for 
 such rate, Tare, product or commodity or service is here- 
 by prohibited and declared unlawful. 
 
 tin Every public utility shall furnish, provide and 
 maintain such service, instrumentalities, equipment and 
 facilities as shall promote the safety, health, comfort and 
 convenience of its patrons, employees and the public, and 
 as shall in all respects be adequate, efficient, jnst and 
 reasonable. 
 
 Section 14. The power and authority is hereby 
 vested in The Public Utilities Commission of the State of 
 Colorado, and it is hereby made its duty to adopt all 
 necessary rates, charges, and regulations to govern and 
 regulate all rates, charges and tariffs of every public util- 
 ity of this State as herein defined, the power to correct 
 abuses, and prevent unjust discriminations and extortions 
 in the rates, charges and tariffs of such public utilities of 
 this State and to generally supervise and regulate every 
 public utility in this State and to do all things, whether 
 herein specifically designated, or in addition thereto, 
 which are necessary or convenient in the exercise of such 
 power, and to enforce the same by the penalties provided 
 in this act, through proper courts having jurisdiction. 
 
 Section 15. Under such rules and regulations as the 
 commission may prescribe, every public utility shall file 
 with the commission within such time and in such form as 
 the commission may designate, and shall print and keep 
 open to public inspection schedules showing all rates, 
 tolls, rentals, charges and classifications collected or en 
 forced, or to be collected and enforced, together with all 
 rules, regulations, contracts, privileges and facilities 
 which in any manner affect or relate to rates, tolls, ren- 
 tals, classifications, or service. The rates, tolls, rentals 
 and charges shown on such schedules when filed by a pub- 
 lic utility as to which the commission acquires the power 
 by this ad to fix any rates, tolls, rentals, or charges, shall 
 not within any portion of the territory as to which the 
 the commission acquires as to such public utility such 
 power, exceed the rates, tolls, rentals or charges in effect 
 on the tenth day of October nineteen hundred and twelve; 
 the rates, tolls, rentals and charges shown on such sched 
 
PUBLIC UTILITIES 9 
 
 ules, when filed by any public utility as to any territory 
 as to which the commission does not by this act acquire 
 as to such public utility such power, shall not exceed the 
 rates, tolls, rentals and charges in effect at the time the 
 commission acquires as to such territory and as to such 
 public utility the power to fix rates, tolls, rentals or 
 charges. Nothing in this section contanied shall prevent 
 the commission from approving or fixing rates, tolls, ren- 
 tals or charges, from time to time, in excess of or less 
 than those shown by said schedules. 
 
 Section 16. Unless the commission otherwise orders, 
 no change shall be made by any public utility in any rate, Notice for 
 fare, toll, rental, charge or classification, or in any rule, change of 
 regulation or contract relating to or affecting any rate, rates. 
 fare, toll, rental, charge, classification or service, or in 
 any privilege or facility, except after thirty days' notice 
 to the commission and the public as herein provided. 
 Such notice shall be given by filing with the commission 
 and keeping open for public inspection new schedules 
 stating plainly the change or changes to be made in the 
 schedule or schedules then in force, and the time when 
 the change or changes will go into effect. The commis- 
 sion, for good cause shown, may allow changes without 
 requiring the thirty days' notice herein provided for, by 
 an order specifying the changes so to be made and the 
 time when they shall take effect, and the manner in which 
 they shall be filed and published. When any change is 
 proposed in any rate, fare, toll, rental, charge or classifi- 
 cation, or in any form of contract or agreement or in any 
 rule, regulation or contract relating to or affecting any 
 rate, fare, toll, rental, charge or classification or service, 
 or in any privilege or facility, attention shall be directed 
 to such change on the schedule filed with the commission 
 immediately preceding or following the item. 
 
 Section 17. (a) No public utility subject to the pro- 
 visions of this act shall, directly or indirectly, issue, give 4nti . pass 
 or tender any free service, ticket, frank, free pass, or provisions. 
 other gratuity, or free or reduced-rate transportation for 
 passengers between points within this State, except to the 
 members of the commission and their agents and em- 
 ployees while in the discharge of their public duties, and 
 except to its employees and their families, its officers, 
 agents, surgeons, physicians, and attorneys at law; to 
 
Ill PUBLIC UTILITIES 
 
 ministers of religion, traveling secretaries of railroad 
 Young Men's Christian Associations, inmates of hospitals 
 ;iml charitable and eleemosynary institutions, and per- 
 sons exclusively engaged in charitable and eleemosynary 
 work: to indigent, destitute and homeless persons, and to 
 such persons when transported by charitable societies or 
 hospitals, and the necessary agents employed in such 
 transportation ; to inmates of the National Homes or State 
 Homes for Disabled Volunteer Soldiers, and of Soldiers' 
 and Bailors' Homes, including those about to enter and 
 those returning home after discharge; to necessary care 
 takers of live stock, poultry, fish and spawn (to be used 
 by the State for the purpose of stocking public streams i. 
 milk and fruit; to employees on sleeping cars, express 
 cars, and to linemen of telegraph and telephone com 
 panics; to railway mail service employees; postoffice in- 
 spectors, customs inspectors, and immigration inspectors: 
 to newsboys on trains, baggage agents, witnesses attend 
 ing any legal investigation in which the common carrier 
 is 'interested, persons injured in wricks and physicians 
 and nurses attending such persons; Provided, that this 
 provision shall not be construed to prohibit the inlet- 
 change of passes for the officers, agents and emplojees of 
 common carriers and their families: nor to prohibit any 
 common carrier from carrying passengers tree with the 
 object of providing relief in cases of general epidemic, 
 pestilence, or other calamitous visitation; and provided 
 further, that this provision shall not be construed to pro- 
 hibit the privilege of passes or franks, or the exchange 
 thereof with each other, for the officers, agents and em- 
 ployees of telegraph and telephone companies and their 
 families, and the officers, agents, employees and their fam 
 dies of other common carriers subject to the provisions of 
 this act ; provided further, that the term "employees" as 
 used in this paragraph, shall include furloughed, pen- 
 sioned and superannuated employees, persons who have 
 become disabled or infirm in the service of any such com- 
 mon carrier, and the remains of a person killed in the 
 employment of a carrier and ex-emplovees traveling for 
 the purpose of entering the service of any such common 
 carrier; and the term •families", as used in this para- 
 graph, shall include the families of those persons named 
 in this proviso, also the families of persons killed, and the 
 
PUBLIC UTILITIES 11 
 
 widows during - widowhood and minor children during mi- 
 nority of persons who died while in the service of any 
 such common carrier. Provided, the granting or issuing 
 of any free service, ticket, frank, free pass, or other gra- 
 tuity, or free or reduced-rate transportation shall be sub- 
 ject to such reasonable restrictions as the commission may 
 impose. Any common carrier violating this provision 
 shall be liable to the penalty hereinafter prescribed for a 
 violation of this act, and any person, other than the per- 
 sons excepted in this provision, who uses any such free 
 ticket, free pass or free transportation shall be subject to 
 a like penalty. 
 
 (b) Nothing in this act contained shall be construed 
 
 to prohibit the issue by express corporations of free or re- ExpresSi tele . 
 duced-rate transportation for express matter to their of- phone, teie- 
 ficers and employees, or the interchange of free or re- graph franks. 
 ducer-rate transportation for express matter between com- 
 mon carriers, their officers and employees, provided, that 
 such express matter be for the personal use of the person 
 to or for whom such free or reduced-rate transportation is 
 granted; nor to prohibit the issue of franks by telegraph 
 or telephone corporations to their officers and employees ; 
 nor to prevent a common carrier from transporting, stor- 
 ing or handling, free or at reduced rates the household 
 goods and personal effects of its employees, of persons 
 entering or leaving its service, and of persons killed or 
 dying while in its service. 
 
 (c) Except as in this section otherwise provided, no 
 
 public utility, shall charge, demand, collect or receive a Discrimination 
 greater or less or different compensation for any product prohibited, 
 or commodity furnished or to be furnished, or for any 
 service rendered or to be rendered, than the rates, tolls. 
 rentals, and charges applicable to such product or com- 
 modity or service as specified in its schedules on file and 
 in effect at the time, nor shall any such public utility re- 
 fund or remit, directly or indirectly, in any manner or by 
 any device, any portion of the rates, tolls, rentals and 
 charges so specified, nor extend to any corporation or per- 
 son any form of contract or agreement or rule or regula- 
 tion or any facility or privilege except such as are regu- 
 larly and uniformly extended to all corporations and per- 
 sons; provided that the commission may by rule or order 
 establish such exceptions from the operation of this pro- 
 
11' 
 
 PUBLIC UTILITIES 
 
 .\"i> unreason- 
 able difference 
 in rates. 
 Commission 
 to determine 
 question of 
 fact, revoke 
 approval, fix 
 other rates. 
 
 Companies 
 exchange 
 
 business. 
 
 Telephone 
 and telegraph 
 ra tea for Iodk 
 
 ami short 
 distance. 
 
 hibition ;is it may consider just and reasonable as to each 
 public utility. 
 
 Section IS. No public utility shall, as to rates, 
 charges, service, facilities, or in any other respect, make 
 or grant any preference or advantage to any corporation 
 or person or subject any corporation or person to any 
 prejudice or disadvantage. No public utility shall estab- 
 lish or maintain any unreasonable difference as to rates, 
 charges, service, facilities, or in any respect, either be- 
 tween localities or as between any class of service. The 
 commission shall have the power to determine any ques- 
 tion of fact arising under this section. Nothing in this 
 act shall be taken to prohibit a corporation or person 
 engaged in the production, generation, transmission, or 
 furnishing of heat, light, water, or power, telegraph or 
 telephone service, from establishing a graduated scale 
 of charges; provided that a schedule showing such scale 
 of charges shall first be filed with the commission and 
 such schedule and each rate set out therein approved by 
 it. Nothing in this act shall be taken to prohibit any 
 such corporation or person from entering into an ar- 
 rangement for a fixed period for the automatic adjustment 
 of charges for heat, light, water, or power, telegraph or 
 telephone service, in relation to the dividends to be paid 
 to stockholders of such corporation or the profits to be 
 realized by such person; provided, that a schedule show- 
 ing the scale of charges under such arrangement shall 
 first have been filed with the commission and such sched- 
 ule and each rate therein approved by it. Nothing in 
 litis section shall prevent the commission from revoking 
 its approval at any time and fixing other rates and 
 charges for the product or commodity or service, as 
 authorized by this act. 
 
 Section L9. Every telephone corporation and tele- 
 graph corporation operating in this State shall receive, 
 transmit and deliver, without discrimination or delay, the 
 conversations and messages of every other telephone or 
 telegraph corporation with whose line a physical connec- 
 tion may have been made. 
 
 Section 20. No telephone or telegraph corporation 
 subject to the provisions of this act shall charge or re- 
 ceive any greater compensation in the aggregate for the 
 transmission of anv lone distance message or conversa- 
 
PUBLIC UTILITIES 
 
 13 
 
 tion for a shorter than for a longer distance over the 
 same line or route in the same direction, within this State, 
 the shorter being included within the longer distance, or 
 charge any greater compensation for a through service 
 than the aggregate of the intermediate rates or tolls sub- 
 ject to the provisions of this act ; but this shall not be con- 
 strued as authorizing any such telephone or telegraph cor- 
 poration to charge and receive as great a compensation 
 for a shorter as for a longer distance. Upon application 
 to the commission, a telephone or telegraph corporation 
 or person operating such utility may, in special cases, 
 after investigation, be authorized by the commission to 
 charge less for a longer than a shorter distance service 
 for the transmission of messages or conversations, and the 
 commission may from time to time prescribe the extent to 
 which such telephone or telegraph corporation or person 
 may be relieved from the operation and requirements of 
 this section. 
 
 Section 21. No street or interurban railroad corpora- 
 tion shall charge, demand or collect or receive more than 
 five cents for one continuous ride in the same general di- 
 rection within the corporate limits of any city and county, 
 city or town, except upon a showing before the commis- 
 sion that such greater charge is justified. Every street or 
 interurban railroad corporation shall upon such terms as 
 the commission shall find to be just and reasonable furnish 
 to its passengers transfers entitling them to one continu- 
 ous trip in the same general direction over and upon the 
 portions of its lines within the same city and county, or 
 city or town, not reached by the originating car. 
 
 Section 22. Every public utility shall furnish to the 
 commission at such time and in such form as the commis- 
 sion may require a report in which the utility shall speci- 
 fically answer all questions propounded by the commis- 
 sion upon or concerning which the commission may desire 
 information. The commission shall have the authority to 
 require any public utility to file monthly reports of earn- 
 ings and expenses, and to file periodical or special, or both 
 periodical and special reports concerning any matter 
 about which the commission is authorized by this act or 
 in any other act to inquire or to keep itself informed, or 
 which it is required to enforce. All reports shall be 
 under oath. 
 
 Street car 
 and interur- 
 ban rates. 
 
 Utilities must 
 furnish in- 
 formation. 
 
14 
 
 PUBLIC UTILITIES 
 
 Commission 
 shall 
 
 mine 
 
 Investigate 
 and 
 lish 
 
 nes. 
 
 Better si 
 
 ir commodity. 
 
 Section -'.\. (a) Whenever the commission, after a 
 hearing had upon its own motion or upon complaint, 
 shall find thai the rates, tolls, fares, rentals, charges or 
 classifications, or any of them demanded, observed, 
 charged <>r collected by any public utility for any service. 
 or product -or conn lit v. or in connection therewith, in- 
 cluding the rates or fares for excursion or commutation 
 tickets, or that the rules, regulations, practices, or con 
 tracts, or any of them, affecting such rates, fares, tolls, 
 rentals, charges, or classifications, or any of them, are un- 
 just, unreasonable, discriminatory, or preferential, or in 
 any wise in violation of any provision of law, or that 
 such rales, fares, tolls, rentals, charges, or classifications. 
 are insufficient, the commission shall determine the just, 
 reasonable or sufficient rates, fares, tolls, rentals, charges, 
 rules, regulations, practices, or contracts to be thereafter 
 observed and in force, and shall fix the same by order as 
 hereinafter provided. 
 
 ibi The commission shall have the power, upon a 
 hearing, had upon its own motion or upon complaint, to 
 investigate a single rate, fare. toll, rental, charge, class- 
 ification, rule, regulation, contract, or practice, or any 
 number thereof, or the entire schedule or schedules of 
 rates, fares, tolls, rentals, charges, classifications, rules. 
 regulations, contracts, and practices, or any thereof, of 
 any public utility, and to establish new rates, fares, tolls. 
 rentals, charges, classifications, rules, regulations, con- 
 tracts or practices, or schedule or schedules, in lieu 
 thereof. 
 
 Section 24. Whenever the commission after a hear- 
 ing had upon its own motion or upon complaint, shall find 
 that the rules, regulations, practices, equipment, appli- 
 ances, facilities, or service of any public utility, or the 
 methods of manufacture, distribution, transmission, stor- 
 age or supply employed by it, are unjust, unreasonable. 
 unsafe, improper, inadequate or insufficient, the commis- 
 sion shall determine the just, reasonable, safe, proper, 
 adequate, or sufficient rules, regulations, practices, equip- 
 ment, appliances, facilities, service, or methods to be ob- 
 served, furnished, constructed, enforced or employed and 
 shall fix the same by its order, rule or regulation. The 
 commission shall prescribe rules and regulations for the 
 performance "f any service or the furnishing of any com- 
 
PUBLIC UTILITIES 15 
 
 modify of the character furnished or supplied by any pub- 
 lie utility, and upon proper tender of rates, such public 
 utility shall furnish such commodity or render such serv- 
 ice within the time and upon the conditions provided in 
 such rules. 
 
 Section 25. Whenever the commission after a hear- 
 ing upon its own motion or upon complaint, shall find the 
 additions, extensions, repairs, or improvements to, or Repairs, new 
 change in the existing plant, equipment, apparatus, fa- buildings, et 
 cilities or other physical property of any public utility or 
 of any two or more public utilities ought reasonably to be 
 made, or that a new structure or structures should be 
 erected to promote the security or convenience of its em- 
 ployees or the public, or in any other way to secure ade- 
 quate service or facilities, the commission shall make and 
 serve an order directing' that such additions, extensions, 
 repairs, improvements, or changes be made or such struc- 
 ture or structures be erected in the manner and within 
 the time specified in such order. If the commission or- 
 ders the erection of a new structure, the selection of the 
 site for such structure shall be subject to the approval of 
 the commission. If any additions, extensions, repairs, 
 improvements, or changes, or any new structure or struc- 
 tures which the commission has ordered to be erected, re- 
 quire joint action of two or more public utilities, the com- 
 mission shall notify the said public utilities that such 
 additions, repairs, improvements, or changes or new struc- 
 ture or structures have been ordered and that the same 
 shall be made at their joint cost, whereupon the said pub- 
 lic utilities shall have such reasonable time as the commis- 
 sion may grant within which to agree upon the portion or 
 division of cost of such additions, repairs, extensions, im- 
 provements, or changes or new structure or structures, 
 which each shall bear. If at the expiration of such time 
 such public utilities shall fail to file with the commission 
 a statement that an agreement has been made for a divi- 
 sion or apportionment of the cost or expense of such ad- 
 ditions, extensions, repairs, improvements, or changes, or 
 new structure or structures, the commission shall have 
 authority, after further hearing, to make an order fixing 
 the proportion of such expense to be borne by each public 
 utility and the manner in which the same shall be paid or 
 secured. 
 
l(i PUBLIC UTILITIES 
 
 Section 26. Whenever the commission, after a hear- 
 Muip- '".- ' 1;,< 1 upon its own motion or upon complaint, shall 
 
 nent. find that am railroad corporation or street railroad cor- 
 
 poration, or person operating any such railroad or street 
 railroad does not run a sufficient number of trains or tars. 
 or does not possess or operate sufficient motive power, 
 reasonably to accommodate the traffic, passenger or 
 freighl transported by or offered for transportation to it, 
 or does not run its trains or cars with sufficient frequency 
 or at a reasonable or proper time having regard to safety, 
 or does not stop the same at proper places, or does not 
 run any train or trains, car or cars, upon a: reasonable 
 time schedule for the run. the commission shall have the 
 power to make an order directing any such railroad cor- 
 poration or street railroad corporation to increase the 
 number of its trains or of its cars or its motive power or 
 to change the time of starting its train or car or to change 
 the time schedule for the run of any train or car, or to 
 change the stopping place or places thereof, or to make 
 any other change the commission may determine to be 
 reasonably necessary to accommodate and transport the 
 traffic, passenger or freight, transported or offered for 
 transportation. 
 
 Section 27. Whenever the commission, after a hear- 
 Connect non- m g had upon its own motion or upon complaint shall find 
 competitive that a physical connection can reasonably be made be- 
 
 lines - tween the lines of two or more noncompetitive telegraph 
 
 or telephone corporations whose lines can be made to 
 form a continuous line of communication, by the construc- 
 tion and maintenance of suitable connections for the 
 transmission of messages or conversations, and the public 
 convenience and necessity will be subserved thereby, or 
 shall find that two or more telegraph or telephone cor- 
 porations have failed to establish joint rates, tolls, or 
 charges for service by or over their said lines, and that 
 joint rates, tolls or charges ought to be established, the 
 commission may by its order require that such connec- 
 tion be made, except where the purpose of such connec- 
 tion is primarily to secure the transmission of local mes- 
 sages or conversations between points in the same consol- 
 idated city and county, city or town, and that conversa- 
 tions be transmitted and messages transferred over such 
 connection under such rules and regulations as the com- 
 
PUBLIC UTILITIES 
 
 17 
 
 conduits, 
 tracks, poles. 
 
 mission may establish and prescribe through lines and 
 joint rates, tolls and charges to he made, and to be used, 
 observed and in force in the future. If such telephone 
 or telegraph corporations do not agree upon the division 
 between them of the joint cost of such physical connec- 
 tion or connections or the division of the joint rates, 
 tolls, or charges established by the commission over such 
 through lines, the commission shall have authority, after 
 further hearing, to establish such division by supple- 
 mental order. 
 
 Section 28. Whenever the commission after a hear- 
 ing had upon its own motion or upon complaint of a 
 public utility affected, shall find that the public conveni- Joint use 
 ence and necessity require the use by one public utility 
 of the conduits, subways, tracks, wires, poles, pipes or 
 other equipment, or any part thereof, on, over, or under 
 any street or highway, and belonging to another public 
 utility, and that such use will not result in irreparable 
 injury to the owner or other users of such conduits, sub- 
 ways, wires, tracks, poles, pipes or other equipment or in 
 any substantial detriment to the service, and that such 
 public utilities have failed to agree upon such use or the 
 terms and conditions or compensation for the same, the 
 commission may by order direct that such use be permit- 
 ted, and prescribe reasonable compensation and reason- 
 able terms and conditions for the joint use. If such use 
 be directed, the public utility to whom the use is permit- 
 ted shall be liable, to the owner or other users of such 
 conduits, subways, tracks, wires, poles, pipes, or other 
 equipment for such damage as may result therefrom to 
 the property of such owners or other users thereof; pro- 
 vided, that power companies shall not be permitted to use 
 telegraph or telephone conduits or poles for transmission 
 of electric current. 
 
 Section 29. The commission shall have power, after 
 a hearing had upon its own motion or upon complaint, to SpeciaI rules 
 make general or special orders, rules or regulations, or 
 otherwise, to require every public utility to maintain and 
 operate its line, plant, system, equipment, apparatus, 
 tracks and premises in such manner as to promote and 
 safeguard the health and safety of its employees, passen- 
 gers, customers, and the public, and to this end to pre- 
 scribe, among other things, the installation, use, mainte- 
 
IS PU.BLIC UTILITIES 
 
 oance and operation of appropriate safety or other devices 
 or appliances, including interlocking and other pro- 
 tecting devices ;it grade crossings or junctions and block 
 or other systems of signaling, 1<» establish uniform or 
 other standards of equipment, ;ind to require the perform- 
 ance of any oilier net which the health or safety of its 
 employees, passengers, customers or the public may de- 
 mand. 
 
 Seel ion 30. (a) The commission shall have the power 
 to provide the time within which express packages shall 
 be received, gathered, transported and delivered at desti- 
 nation, and the limits within which express packages shall 
 be gathered and distributed and telegraph messages de- 
 livered without extra charge. 
 
 (b) The commission shall have power, to provide by 
 Rules for proper rules and regulations the time which consignors 
 
 handling or persons ordering cars shall load the same, and the time 
 
 freight. within which consignees or persons to whom freight may 
 
 be consigned shall unload and discharge the same and re- 
 ceive freight from the freight depots, and to enforce the 
 penalties for any failure on the part of the consignors 
 and consignees to conform to such rules as provided in 
 this act. 
 
 flards 
 
 Section 31. (a) The commission shall have power, 
 after hearing had upon its own motion or upon complaint, 
 for electricity *"° ascertain and fix just and reasonable standards, class- 
 ga-3 and water, ifications, regulations, practices, measurements or serv- 
 ice to be furnished, imposed, observed and followed by all 
 electrical, gas, and water public utilities; to ascertain and 
 fix adequate and serviceable standards for the measure- 
 ment of quantity, quality, pressure, initial voltage or 
 other condition ]>ertaining to the supply of the product, 
 commodity or service furnished or rendered by any such 
 public utility; to prescribe reasonable regulations for the 
 examination and testing of such product, commodity or 
 service and for the measurement thereof; to establish rea- 
 sonable rules, regulations', specifications and standards to 
 secure the accuracy of all meters and appliances for 
 measurement .and weighing; and to provide for the exam- 
 ination and lestinj; of any and all appliances used for the 
 measurement or weighing of any product, commodity or 
 service of any such public utility. 
 
PUBLIC UTILITIES 
 
 L9 
 
 examine. 
 
 Test meters. 
 
 ibi The commissioners and their officers and em- 
 ployees shall have power To enter upon any premises oc- Enter and 
 cnpied by any public utility, for the purpose of making 
 
 the examinations and tests and exercising any of the 
 other powers provided for in this act, and to set up and 
 use on such premises any apparatus and appliances neces- 
 sary therefor. The agents and employees of such public 
 utility shall have the right to be present at the making of 
 such examinations and tests. 
 
 (c) Any consumer or user of any product, commodity 
 or service of a public utility may have any appliance used 
 in the measurement thereof tested upon paying the fees 
 fixed by the commission. The Commission shall establish 
 and fix reasonable fees to be paid for testing such appli- 
 ances on the request of the consumer or user, the fee to be 
 paid by the consumer or user at the time of his request, 
 but to be paid by the public utility and repaid to the con- 
 sumer or user ife the appliance is found defective or in- 
 correct to the disadvantage of the consumer or user, 
 under such rules and regulations as may be prescribed by. 
 the commission. 
 
 Section 32. The commission shall have power to as- 
 certain the value of the property of every public utility Ascertain 
 in this State and the facts which in its judgment have or value, make 
 may have any bearing on such value. The commission » evaluations. 
 shall have power to make revaluations from time to time 
 and to ascertain all new constructions, extensions and ad- 
 ditions to the property of every public utility. 
 
 Section 33. The commission shall have power to es- 
 tablish a system of accounts to be kept by all public utili- 
 ties, or to classify said public utilities and to establish a 
 system of accounts for each class, and to prescribe the 
 manner in which such accounts shall be kept. 
 
 It may also in its discretion prescribe the forms of 
 accounts, records and memoranda to be kept by such pub- system of 
 lie utilities, including the accounts, records and memo- accounts. 
 randa of the movement of traffic as well as the receipts 
 and expenditures of moneys, and any other forms, records 
 and memoranda which in the judgment of the commis- 
 sion may be necessary to carry out the provisions of this 
 act. The system of accounts established by the commis- 
 sion and the forms of accounts, records and memoranda 
 prescribed by it shall not be inconsistent in the case of 
 
20 PUBLIC UTILITIES 
 
 corporations subject to the provisions of the act of con- 
 gress entitled "An net to regulate commerce," approved 
 February fourth, eighteen hundred and eighty-seven, and 
 the acts amendatory thereof and supplementary thereto, 
 with the systems and forms from time to time established 
 • for such corporations by the interstate commerce commis- 
 sion, hut nothing herein contained shall affect the power 
 of the commission to prescribe forms of accounts, records 
 and memoranda covering information in addition to that 
 required by the interstate commerce commission. The 
 commission may, after hearing had upon its own motion 
 or upon complaint, prescribe by order the accounts in 
 which particular outlays and receipts shall be entered, 
 charged or credited. Where the commission has pre- 
 scribed the forms of accounts, records or memoranda to 
 be kept by any public utility for any of its business, it 
 shall thereafter be unlawful for such public utility to 
 keep any accounts, records or memoranda for such busi- 
 ness other than those so prescribed, or those prescribed 
 by or under the authority of any other state or of the 
 United States, excepting such accounts, records or memo- 
 randa as shall be explanatory of and supplemental to the 
 accounts, records or memoranda prescribed by the com- 
 mission. 
 
 Section 34. The commission shall have power, after 
 Depreciation hearing, to require any or all public utilities to carry a 
 proper and adequate depreciation account in accordance 
 with such rules, regulations and forms of accounts as the 
 commission may prescribe. The commission may, from 
 time to time, ascertain and determine and by order fix the 
 proper and adequate rates of depreciation of the several 
 classes of property of each public utility. Each public 
 utility shall conform its depreciation accounts to the rates 
 so ascertained, determined and fixed, and shall set aside 
 the money so provided for out of the earnings and carry 
 the same in a depreciation fund and expend such fund 
 only for such purposes and under such rules and regula- 
 tions, both as to original expenditure and subsequent re- 
 placement as the commission may prescribe. The income 
 from investments of moneys in such fund shall likewise be 
 carried in such fund. 
 
 Section 35. (a) No street railroad corporation, gas 
 corporation, electric Corporation, telephone corporation, 
 
 account. 
 
PUBLIC UTILITIES 
 
 21 
 
 telegraph corporation, water corporation, or person shall 
 henceforth begin the construction of a street railroad or 
 of a line, plant or system, or of any extension of such 
 street railroad, or line, plant or system, without first hav- 
 ing obtained from the commission a certificate that the ceruflcate^ 
 present or future public convenience and necessity re- struction 
 quire or will require such construction; provided, that 
 this section shall not be construed to require any such cor- 
 poration to secure such certificate for an extension within 
 any city and countv or city or town within which it shall 
 have theretofore lawfully commenced operations, or for 
 an extension into territory, either within or without a 
 city and countv or city or town, contiguous to its street 
 railroad, or line, plant or system, and not theretofore 
 served by a public utility of like character, or for an ex- 
 tension within or to territory already served by it, neces- 
 sarv in the ordinary course of its business ; and provided, 
 further, that if any such public utility, in constructing or 
 extending its line,' plant or system, shall interfere or be 
 about to interfere with the operation of the line, plant or 
 system, of any other such public utility already con- 
 structed, the commission, on complaint of the public util- 
 ity claiming to be injuriously affected, may, after hearing, 
 make such order and prescribe such terms and conditions 
 for the location of the lines, plants or systems affected as 
 to it mav seem just and reasonable. 
 
 (b)"No public utility of a class specified in Section dp 
 (a) hereof shall henceforth exercise any right or privi- certificate 
 lege under any franchise or permit -hereafter f™^><" ™eTs- 
 under anv franchise or permit heretofore granted but not pended 
 heretofore actually exercised, or the exercise of which has 
 been suspended for more than one year, without first hav- 
 ing obtained from the commission a certificate that public 
 convenience and necessity require the exercise of such 
 right or privilege; provided, that when the commission 
 shall find, after hearing, that a public utility has hereto- 
 fore begun actual construction work and is prosecuting 
 such work, in good faith, uninterruptedly and with rea- 
 sonable diligence in proportion to the magnitude of the 
 undertaking, under any franchise or permit heretofore 
 oranted but not heretofore actually exercised, such public 
 utility mav proceed, under such rules and regulations as 
 the commission mav prescribe, to the completion of such 
 work and mav, after such completion, exercise such right 
 
PUBLIC UTILITIES 
 
 File copy of 
 Incorporation. 
 
 Granting of 
 
 certificate 
 
 optional. 
 
 To Bell, lease, 
 encumber or 
 consolidate 
 
 void without 
 
 permission. 
 
 or privilege; and provided, further, thai this section shall 
 not ho construed to validate any right or privilege aow 
 invalid or hereafter becoming invalid under any law of 
 this State. 
 
 I c i Before any cert ificate may issue, under this section 
 a fortified copy of its articles or incorporation or charter, 
 if the applicant bo a corporation, shall be filed in ihe of- 
 fice of the commission. Every applicant for a certificate 
 shall file in the office of the commission such evidence as 
 shall ho required by the commission to show that such 
 applicant has received the required consent, franchise or 
 permit of the proper comity, city and county, municipal 
 or other public authority. The commission shall have 
 power, after hearing, to issue said certificate, as prayed 
 for, or to refuse to issue the same, or to issue it for the 
 construction of a portion only of the contemplated street 
 railroad, line, plant or system, or extension thereof, or for 
 the partial exercise only of said right or privilege, and 
 may attach to the exercise of the rights granted by said 
 certificate such terms and conditions as in its judgment 
 the public convenience and necessity may require. If 
 such public utility desires to exercise a right or privilege 
 under a franchise or permit which it contemplates secur- 
 ing, but which has not as yet been granted to it. siicli 
 public utility may apply to the commission for an order 
 preliminary to the issue of the certificate. The commis- 
 sion may thereupon make an order declaring that it will 
 thereafter, upon application, under such rules and regu- 
 lations as it may prescribe, issue the desired certificate. 
 upon such terms and conditions as it may designate, afl< r 
 such public utility has obtained the contemplated fran- 
 chise or permit. Upon the presentation to the commis- 
 sion of evidence satisfactory to it that such franchise or 
 permit has been secured by such public utility, the com 
 mission shall thereupon issue such certificate. The com 
 mission shall charge a reasonable fee not exceeding fifty 
 cents on each one thousand dollars of capital to be in- 
 vested, for issuing said public convenience and necessity 
 certificate. 
 
 Section 36. (a) No railroad corporation, street rail- 
 road corporation, pipe line corporation, gas corporation, 
 electrical corporation, telephone corporation, telegraph 
 corporation, water corporation, or person subject to the 
 
PUBLIC UTILITIES 23 
 
 provisions of this act, shall henceforth sell, lease, assign, 
 mortgage or otherwise dispose of or encumber the whole 
 or any part of its railroad, street railroad, line, plant or 
 system, necessary or useful in the performance of its 
 duties to the public, or any franchise or permit or any 
 right thereunder, or by any means whatsoever, direct or 
 indirect, merge or consolidate its railroad, street railroad, 
 line, plant or system, or franchises or permits or any part 
 thereof, with any other public utility, without having first 
 secured from the commission an order authorizing it so to 
 do. Every such sale, lease, assignment, mortgage, dispo- 
 sition, encumbrance, merger or consolidation made other 
 than in accordance with the order of the commission au- 
 thorizing the same shall be void. The permission and ap- 
 proval of the commission to the exercise of a franchise 
 or permit under section thirty-five (a) of this act. or the 
 sale, lease, assignment, mortgage or other disposition or 
 encumbrance or a franchise or permit under this section 
 shall not be construed to revive or validate any lapsed or 
 invalid franchise or permit or to enlarge or add to the 
 powers or privileges contained in the grant of any fran- 
 chise or permit, or to waive any forfeiture. Nothing in 
 this subsection contained shall be construed to prevent 
 the sale, lease or other disposition by any public utility 
 of a class designated in this subsection of property which 
 is not necessary or useful in the performance of its duties 
 to the public, and any sale of its property by such public 
 utility shall be conclusively presumed to have been of 
 property which is not useful or necessary in the perform- 
 ance of its duties to the public, as to any purchaser of 
 such property in good faith for value. 
 
 (b) No public utility .shall hereafter purchase or ac- 
 quire, take or hold, any part of the capital stock of any Not to 
 other public utility, operating under and by virtue of the stock of an- 
 laws of this State, without having been first authorized to other utility, 
 do so by the commission. Every assignment, transfer, 
 contract or agreement for assignment or transfer or any 
 stock by or through any person or corporation to any 
 corporation, or otherwise, in violation of any of the pro- 
 visions of this section shall be void and of no effect, and 
 no such transfer shall be made on the books of any public 
 utility. Nothing herein contained shall be construed t<> 
 prevent the holding of stock heretofore lawfully acquired. 
 
 own 
 
24 
 
 ITI'.l.K" UTILITIES 
 
 Issue <>( stock 
 a special 
 
 privilege. 
 
 May issue 
 stock. 
 
 Section M. (a) The power of public utilities to is- 
 sue slocks and slock certificates, and bonds, notes and 
 other evidences of indebtedness and to create liens on 
 their property situated within this state is a special priv- 
 ilege, the right of supervision, regulation, restriction and 
 control of which is and shall continue to be vested in the 
 State, and such power shall be exercised as provided by 
 law and under such rules and regulations as the commis- 
 sion may prescribe. 
 
 (b) A public utility may issue stocks and stock cer- 
 tificates, and bonds, notes and other evidences of indebt- 
 edness payable at periods of more than twelve months 
 after the date thereof, for the following purposes and no 
 others, namely : for the acquisition of such property as is 
 necessary for the proper conduct of its business, or for 
 the construction, completion, extension or improvement 
 of its facilities, or for the improvement or maintenance of 
 its service, or for the discharge or lawful refunding- of its 
 obligations, or for the reimbursement of moneys actually 
 expended from income or from any other moneys in the 
 treasury of the public utility not secured by or obtained 
 from the issue of stocks or stock certificates, or bonds, 
 notes or other evidences of indebtedness of such public 
 utility, within five years next prior to the filing of an ap- 
 plication with the commission for the required authoriza- 
 tion, for any of the aforesaid purposes except mainte- 
 nance of service and replacements, in cases where the 
 applicant shall have kept its accounts and vouchers for 
 such expenditures in such manner as to enable the com- 
 mission to ascertain the amount of moneys so expended 
 and the purposes for which such expenditures were made; 
 provided, that such public utility, in addition to the other 
 requirements of law, shall first have secured from the 
 commission an order authorizing such issue and slating 
 the amount thereof and the purpose or purposes to which 
 the issue or the proceeds thereof are to be applied, and 
 that, in the opinion of the commission, the money, prop- 
 erty or labor to be procured or paid for by such issue is 
 reasonably required for the purpose or purposes specified 
 in the order, and that, except as otherwise permitted in 
 the order in the case of bonds, notes or other evidences of 
 
 indebtedness; such purpose or purposes are not, in whole 
 or in part, reasonably chargeable to operating expenses 
 
 or to income. To enable it to determine whether it will 
 
PUBLIC UTILITIES 2.*> 
 
 issue such order, the commission shall hold a hearing and 
 may make such additional inquiry or investigation, and 
 examine such witnesses, books, papers, documents and 
 contracts and require the filing of such data as it may 
 deem of assistance. The commission may by its order 
 grant permission for the issue of such stocks or stock 
 certificates, or bonds, notes or other evidences of indebt- 
 edness in the amount applied for, or in lesser amount, or 
 not at all, and may attach to the exercise of its permission 
 such condition or conditions as it may deem reasonable 
 and necessary. The commission may authorize issues of 
 bonds, notes or other evidences of indebtedness, less than, 
 equivalent to or greater than the authorized or subscribed 
 capital stock of a public utility corporation, and the pro- 
 visions of the statutes of this State, in so far as they con- 
 tain inhibitions against the creation by corporations of 
 indebtedness, evidenced by bonds, notes or otherwise, in 
 excess of their total authorized or subscribed capital stock 
 shall have no application to public utilities. No public 
 utility shall, without the consent of the commission, apply 
 the issue of any stock or stock certificate, or bond, note 
 or other evidence of indebtedness, or any part thereof, or 
 any proceeds thereof, to any purpose not specified in the 
 commission's order, or to any purpose specified in the 
 commission's order in excess of the amount authorized 
 for such purpose, or issue or dispose of the same on any 
 terms less favorable than those specified in such order, 
 or a modification thereof. A public utility may issue 
 notes, for proper purposes and 'not in violation of any 
 provision of this act or any other act, payable at periods 
 of not more than twelve months after the date of issuance 
 of the same, without the consent of the commission, but 
 no such note shall, in whole or in part, be refunded by 
 any issue of stocks or stock certificates, or of bonds, 
 notes of any term or character or any other evidence of 
 indebtedness, without the consent of the commission. No 
 public utility shall have power to capitalize any contract 
 for consolidation, lease or merger, or issue any bonds, 
 notes or other evidences of indebtedness as a lien thereon 
 without the consent of the commission. The commission 
 shall have no power to authorize the capitalization of the 
 right to be a corporation, or to authorize the capitaliza- 
 tion of any franchise or permit whatsoever or the right 
 to own, operate or enjoy any such franchise or permit, 
 
lm; 
 
 I'UBLIC UTILITIES 
 
 Account for 
 
 -t.ick. 
 
 Stock not au- 
 tborized, void. 
 
 ilty for 
 
 violations 
 
 ■ ■■■]■; 
 
 issued. 
 
 in excess of the amount (exclusive <»f any tax or annual 
 charge) actually paid to tin- State or to a political sub- 
 division thereof as the consideration for the grant of 
 such franchise, permit or right. 
 
 (c) The commission shall have the power to require 
 
 public utilities to account for the disposition of the pro- 
 ceeds of all sales of stock and stock certificates, and 
 bonds, notes and other evidences of indebtedness, in such 
 form and detail as it may deem advisable, and to estab- 
 lish such rules and regulations as it may deem reasonable 
 and necessary to insure the disposition of such proceeds 
 for the purpose or purposes specified in the order. 
 
 (d) All stock and every stock certificate, and every 
 bond, note, or other evidence of indebtedness, of a public 
 utility, issued without an order of the commission author- 
 izing the same then in effect shall be void, and likewise 
 all stock and every stock certificate, and every bond, 
 note or other evidence of indebtedness, of a public utility, 
 issued with the authorization of the commission but not 
 conforming in its provisions to the provisions, if any. 
 which it is required by the order of authorization of the 
 commission to contain, shall be void; but no failure in 
 any other respect to comply with the terms or conditions 
 of the order of authorization of the commission shall 
 render void any stock or stock certificate, or any bond, 
 note or other evidence of indebtedness, except as to a 
 corporation or person taking the same otherwise than in 
 good faith and for value and without actual notice. 
 
 (e) Every public utility which, directly or indirectly, 
 issues or causes to be issued, any stock or stock certifi- 
 cate, or bond, note or other evidence of indebtedness, in 
 non-conformity with the order of the commission author- 
 izing the same, or contrary to the provisions of this act, 
 or of the constitution of this State, or which applies the 
 proceeds from the sale thereof, or any part thereof, to 
 any purpose other than the purpose or purposes specified 
 in the commission's order, as herein provided, or to any 
 purpose specified in the commission's order in excess of 
 the amount in said order authorized for such purposes, 
 is subject to a penalty of not more than twenty thousand 
 dollars for each offense. 
 
PUBLIC UTILITIES -< 
 
 (f) Every officer, agent or employee of a public util- 
 ity, and every other person who knowingly authorizes, violating order 
 directs, aids in issuing or executes, or causes to be issued of commission 
 or executed, any stock or stock certificate, or bond, note ,elony - 
 
 or other evidence of indebtedness, in non-conformity with 
 the order of the commission authorizing the same. Or 
 contrary to the provisions of this act, or of the constitu- 
 tion of this State, or who, in any proceeding before the 
 commission, knowingly makes any false statement or rep- 
 resentation or with knowledge of its falsity files or causes 
 to be filed with the commission any false statement or 
 representation, which said statement or representation 
 so made, filed or caused to be filed may tend in any way 
 to influence the commission to make an order authorizing 
 the issue of any stock or stock certificate, or any bond, 
 note or other evidence of indebtedness, or which results 
 in procuring from the commission the making of any 
 such order, or who, with knowledge that any false state- 
 ment or representation was made to the commission, in 
 any proceeding, tending in any way to influence the 
 commission to make such an order, issues or executes or 
 negotiates, or causes to be issued, executed or negotiated 
 any such stock or stock certificates, or bond, note or 
 other evidence of indebtedness, or who, directly or in- 
 directly, knowingly applies, or causes or assists to be ap- 
 plied the proceeds or any part thereof, from the sale of 
 any stock or stock certificate, or bond, note or other evi- 
 dence of indebtedness, to any purpose not specified in the 
 commission's order, or to any purpose specified in the 
 commission's order in excess of the amount authorized 
 for such purpose, or who, with knowledge that any stock 
 or stock certificate, or bond, note or other evidence of in- 
 debtedness, has been issued or executed in violation of 
 any of the provisions of this act, negotiates, or causes the 
 same to be negotiated, shall be guilty of a felony, and 
 punished accordingly. 
 
 (g) Xo provision of this act, and no deed or act done 
 
 or performed under or in connection therewith shall be state not 
 held or construed to obligate the State of Colorado to obligated. 
 pay or guarantee, in any manner whatsoever, any stock 
 or stock certificate, or bond, note or other evidence of 
 indebtedness, authorized, issued or executed under the 
 provisions of this act. 
 
28 
 
 IMI'.l.ie UTILITIES 
 
 Stock void 
 without order 
 • >t commission. 
 
 Rules for 
 
 healings. 
 
 Issue writs 
 of summons, 
 subpoenas, 
 etc. 
 
 Administer 
 oaths, compel 
 attendance of 
 witnesses, 
 production of 
 etc. 
 
 ilii All slocks and slock certificates, and bonds, 
 notes and other evidences of indebtedness issued by any 
 
 public utility after this act takes effeet, upon the author- 
 ity of any articles of incorporation or amendments there 
 to or vote of the stockholders or directors filed, taken or 
 had. or other proceedings taken or had, previous to the 
 taking effect of this net, shall be void, unless an order of 
 the commission authorizing the issue of such stocks or 
 stock certificates, or bonds, notes or other evidences of 
 indebtedness shall have been obtained from the commis- 
 sion prior to such issue. The commission may by its or- 
 der impose such condition or conditions as it may deem 
 reasonable and necessary. 
 
 Section 38, All hearings and investigations before 
 the commission or any commissioner shall be governed 
 by this act and by rules of practice and procedure to be 
 adopted by the commission, and in the conduct thereof 
 neither the commission nor any commissioner shall be 
 bound by the technical rules of evidence. No informal- 
 ity in any proceeding or in the manner of taking testi- 
 mony before the commission or any commissioner shall 
 invalidate any order, decision, rule or regulation made, 
 approved or confirmed by the commission. 
 
 Section 39. The commission and each commissioner 
 shall have power to issue writs of summons, subpoenas, 
 warrants of attachment, warrants of commitment and all 
 necessary process in proceedings for contempt, in the like 
 manner and to the same extent as courts of record. The 
 process issued by the commission, or any commissioner, 
 shall extend to all parts of the State and may be served 
 by any person authorized to serve process of courts of 
 record, or by any person designated for that purpose by 
 the commission or a commissioner. The person execut- 
 ing any such process shall receive such compensation as 
 may be allowed by the commission, not to exceed the fees 
 now prescribed by law for similar services, and such 
 fees shall be paid in the same manner as provided herein 
 for payment of the fees of witnesses. 
 
 Section 40. (a) The commission and each commis- 
 sioner, shall have power to administer oaths, certify to all 
 official acts, and to issue subpoenas for the attendance of 
 witnesses and the production of papers, waybills, books, 
 accounts, documents and testimony in any inquiry, inves- 
 
PUBLIC UTILITIES 29 
 
 tigation, hearing or proceeding in any part of the State.. 
 Each witness who shall appear, by order of the commis- 
 sion or a commissioner, shall receive for his attendance 
 the same fees and mileage allowed by law to a witness in 
 civil cases, which amount shall be paid by the party at 
 whose request such witness is subpoenaed. When any 
 witness who has not been required to attend at the re- 
 quest of any party shall be subpoenaed by the commis- 
 sion, his fees and mileage shall be paid from the funds 
 appropriated for the use of the commission in the same 
 manner as other expenses of the commission are paid. 
 Any witness subpoenaed except one whose fees and mile- 
 age may be paid from the funds of the commission, may, 
 at the time of service, demand the fees to which he is en- 
 titled for travel to and from the place at which he is re- 
 quired to appear, and one day's attendance. If such wit- 
 ness demands such fees at the time of service, and they 
 are not at that time paid or tendered, he shall not be re- 
 quired to attend before the commission or commissioner, 
 as directed in the subpoena. All fees and mileage to 
 which any witness is entitled under the provisions of this 
 section may be collected by action therefor instituted by 
 the person to whom such fees are payable. No witness 
 furnished with free transportation shall receive mileage 
 for the distance he may have traveled on such free trans- 
 portation. 
 
 (b) The district court in and for the county, or city 
 and county, in which any inquiry, investigation, hearing District court 
 or proceeding may be held by the commission or any com- may compel 
 missioner shall have the power to compel the attendance 
 of witnesses, the giving of testimony and the production 
 of papers, including waybills, books, accounts and docu- 
 ments, as required by any subpoenas issued by the com- 
 mission or any commissioner. The commission or the 
 commissioner before whom the testimony is to be given or 
 produced, in case of the refusal of any witness to attend 
 or testify or produce any papers required by such sub- 
 poena, may report to the district court in and for the 
 county, or city and county, in which the proceeding is 
 pending, by petition, setting forth that due notice has 
 been given of the time and place of attendance of said 
 witness, or the production of said papers, and that the 
 witness has been summoned in the manner prescribed in 
 
 attendance of 
 witnesses, etc. 
 
::o 
 
 PUBLIC UTILITIES 
 
 Certil 
 
 documents 
 evidence. 
 
 Orders under 
 
 Sections 27. 
 28, 35, 36 or 37 
 in writing. 
 
 < lollect fees. 
 
 this act, ;iik1 thai the witness bus failed and refused t<> 
 attend or produce the papers required by the subpoena, 
 <»r has refused to answer questions propounded to him in 
 
 the course of such proceeding, and ;isk an order of said 
 court, compelling the witness to attend and testify or pro- 
 duce or cause to lx? produced documentary evidence; pro- 
 dded, that no person so testifying shall be exempt from 
 prosecution or punishment for any perjury committed by 
 him in his testimony. Nothing herein contained shall be 
 construed as in any manner giving to any public utility 
 immunity of any kind. 
 
 Section 41. (a I Copies of all official documents and 
 orders filed or deposited according to law in the office of 
 the commission, certified by a commissioner or by the 
 secretary under the official seal of the commission to be 
 true copies of the originals, shall be evidence in like man- 
 ner as the originals. 
 
 (b) Every order, authorization or certificate issued 
 or approved by the commission under any provision of 
 sections 27. 28, 35, •*!('» or 37 of this act shall be in writing 
 and entered on the records of the commission. Any such 
 order, authorization or certificate, or a copy thereof, or a 
 copy of the record of any such order, authorization or 
 certificate, certified by a commissioner or by the secretary 
 under the official seal of the commission to be a true copy 
 of the original order, authorization, certificate or entry, 
 may be recorded in the office of the recorder of any 
 county, or city and comity, in which is located the prin- 
 cipal place of business of any public utility affected there- 
 by, or in which is situated any property of any such pub- 
 lic utility, and such record shall impart notice of its pro- 
 visions to all persons. A certificate under the seal of the 
 commission that any such order, authorization or certifi- 
 cate has not been modified, stayed, suspended or revoked 
 may also be recorded in the same offices in the same man- 
 ner and with like effect. 
 
 Section 42. The commission shall charge and collect 
 the following fees: for copies of papers and records not 
 required to be certified or otherwise authenticated by the 
 commission, twelve and one-half cents for each folio; for 
 cci lifted copies of official documents and orders filed in 
 its office, fifteen cents for each folio and one dollar for 
 every certificate under seal atlixed thereto; for certifvine 
 
PUBLIC UTILITIES 31 
 
 a copy of any report made by a public utility, two dol- 
 lars; for each certified copy of the annual report of the 
 commission, one dollar and fifty cents; for certified copies 
 of evidence and proceedings before the commission, fif- 
 teen cents for each folio; for certificate authorizing an 
 issue of bonds, notes or other evidences of indebtedness, 
 one dollar for each thousand dollars of the face value of 
 the authorized issue or fraction thereof up to one million 
 dollars, and fifty cents for each one thousand dollars 
 over one million dollars and up to ten million dollars, 
 and twenty-five cents for each one thousand dollars over 
 ten million dollars with a minimum fee in any case of 
 fifty dollars; provided, that no fee shall be required when 
 such issue is made for the purpose of guaranteeing, tak- 
 ing over, refunding, discharging or retiring any bond, 
 note or other evidence of indebtedness up to the amount 
 of the issue guaranteed, taken over, refunded, discharged 
 or retired. No fees shall be charged or collected for 
 copies of papers, records or official documents, furnished 
 to public officers for use in their official capacity, or 
 for the annual reports of the commission in the ordinary 
 course of distribution, but the commission may fix reason- 
 able charges for publications issued under its authority. 
 All fees charged and collected under this section shall be 
 paid, at least once each w^ek, accompanied by a detailed 
 statement thereof, into the treasury of the State to the 
 credit of a fund to be known as "The Public Utility Com- 
 mission Fund" which fund is hereby created and appro- 
 priated toward the payment of the salaries and expenses 
 of the commission, as provided in Section 10 (a) and (bj 
 of this act. 
 
 Section 13. The commission, each commissioner and 
 each officer and person employed by the commission shall Right to 
 have the right, at any and all times, to inspect the ac- inspect 
 counts, books, papers and documents of any public utility, accounts 
 and the commission, each commissioner and any officer 
 of the commission or any employee authorized to admin- 
 ister oaths shall have the power to examine under oath 
 any officer, agent or employee of such public utility in 
 relation to the business and affairs of said public utility ; 
 provided, that any person other than a commissioner or 
 an officer of the commission demanding such inspection 
 shall produce under the hand and seal of the commission 
 
:\-2 
 
 IMBLIO UTILITIES 
 
 ( >rder books, 
 accounts or 
 verified copies 
 Of same, from 
 without the 
 State. 
 
 Complaints. 
 how made. 
 
 liis authority to make such inspection; and provided fur- 
 ther, that a written record of the testimony or statement 
 
 so given under oath shall he made and filed with the 
 commission. 
 
 Section 44. The commission may require, by order 
 served on any puhlie utility in the manner provided here- 
 in for the service of orders, the production within this 
 State at such time and place as it may designate, of any 
 hooks, accounts, papers or records kept by said public 
 utility in any office or place without this State, or, at its 
 option, verified copies in lieu thereof, so that an examina- 
 tion thereof may be made by the commission or under its 
 direction. 
 
 Section 45. Complaint may be made by the commis- 
 sion of its own motion or by any corporation or person, 
 chamber of commerce, board of trade, or any civic, com- 
 mercial, mercantile, traffic, agricultural or manufacturing 
 association or organization or any body politic or munici- 
 pal corporation, by petition or complaint in writing, 
 setting forth any act or thing done or omitted to be done 
 by any public utility including any rule, regulation or 
 charge heretofore established or fixed by or for any pub- 
 lic utility, in violation, or claimed to be in violation, of 
 any provision of law or of any^order or rule of the com- 
 mission; provided, that no complaint shall be entertained 
 by the commission, except upon its own motion, as to the 
 reasonableness of any rates, or charges of any gas, elec- 
 trical, water, or telephone corporations, unless the same 
 ]>e signed by the mayor or the president or chairman of 
 the board of trustees or a majority of the council, com- 
 mission, or other legislative body of the county, city and 
 county, or city or town, if any. within which the alleged 
 violation occurred, or not less than twenty-five consumers 
 or purchasers or prospective consumers or purchasers, of 
 such gas, electrical, water or telephone service. All mat 
 ters upon which complaint may he founded may he joined 
 in one hearing, and no motion shall he entertained against 
 ;i complain! for misjoinder of causes of action or griev- 
 ances or misjoinder or non-joinder of parties; and in any 
 review by the courts of orders or decisions of the commis- 
 sion the same rule shall apply with regard to the joinder 
 of causes and parties as herein provided, The commis- 
 sion shall not he required to dismiss any complaint be- 
 
PUBLIC UTILITIES 33 
 
 cause of the absence of direct damage to the complainant. 
 Upon the filing- of a complaint the commission shall cause 
 a. copy thereof to be served upon the corporation or per- 
 son complained of. Service in all hearings, investiga- 
 tions and proceedings pending before the commission may 
 be made upon any person upon whom a summons may be 
 served in accordance with the provisions of the Code of 
 Civil procedure of this State, and may be made personally 
 or by mailing in a sealed envelope, registered, with post- 
 age prepaid. The commission shall fix the time when and 
 place where a hearing will be had upon the complaint 
 and shall serve notice thereof, not less than ten days be- 
 fore the time set for such hearing, unless the commission 
 shall find that public necessity requires that such a hear- 
 ing be held at an earlier date. 
 
 Section 46. At the time fixed for any hearing before 
 the commission or a commissioner, or at the time to which Hearings. 
 the same may have been continued, the complainant and 
 the corporation or person complained of, and such corpo- 
 rations or persons as the commission may allow to inter- 
 vene, shall be entitled to be heard and to introduce evi- 
 dence. The commission shall issue process to enforce the 
 attendance of all necessary witnesses. After the conclu- 
 sion of the hearing, the commission shall make and file 
 its order, containing its decision. A copy of such order, 
 certified under the seal of the commission shall be served 
 upon the corporation or person complained of, or his or 
 its attorney. Said order, except an order for the pay- 
 ment of money, shall, of its own force, take effect and 
 become operative twenty days after the service thereof, 
 except as otherwise provided, and shall continue in force 
 either for a period which may be designated therein or 
 until changed or abrogated by the commission. If an 
 order cannot in the judgment of the commission be com- 
 plied with within twenty days, the commission may grant 
 and prescribe such additional time as in its judgment is 
 reasonably necessary to comply with the order, and may, 
 on application and for good cause shown, extend the time 
 for compliance fixed in its order. A full and complete 
 record of all proceedings had before the commission or 
 any commissioner on any formal hearing had. and all 
 testimony shall be taken down by a reporter appointed 
 by the commission, and the parties shall be entitled to be 
 
34 
 
 [•I BLIC UTILITIES 
 
 Utilities 
 right to 
 complain. 
 
 Hearing on 
 schedule of 
 rates filed. 
 
 heard in persoo or by attorney. In case of an action to 
 review an order or decision of the commission, a tran- 
 script of -such testimony, together with all exhibits or 
 
 copies thereof introduced and all information secured by 
 the commission on iis own initiative and considered by it 
 in rendering its order or decision, and the pleadings, rec- 
 ord and proceedings in the case, shall constitute the rec- 
 ord of the commission; provided, that on review of an 
 order or decision of the commission, the petitioner and 
 the commission may stipulate that a certain question or 
 questions alone and a special portion only of the evidence 
 shall be certified to the supreme court for its judgment, 
 whereupon such stipulation and the question or questions 
 and the evidence therein specified shall constitute the rec- 
 ord on review. 
 
 Section 47. Any public utility shall have a righl to 
 complain on any grounds upon which complaints are al- 
 lowed to be filed by other parties, and the same procedure 
 shall be adopted and followed as in other cases, except 
 that the complaint may be heard ex parte by the commis- 
 sion or may be served upon any parties designated by the 
 commission. 
 
 Section 48. Whenever there shall be filed with the 
 commission any schedule stating an individual or joint 
 rate. fare. toll, rental, charge, classification, contract, 
 practice, rule or regulation, the commission shall have 
 power, and it is hereby given authority, either upon com- 
 plaint or upon its own initiative and without complaint, 
 ai once, and if il so orders, without answer or other for- 
 mal pleadings by the interested public utilities, but upon 
 reasonable notice to enter upon a hearing concerning the 
 propriety of such rale. fare, toll, rental, charge, classifi- 
 cation, contract, practice, rule or regulation, and pending 
 the hearing and the decision thereon, such rate, fare, toll, 
 rental, charge, classification, contract, practice, rule or 
 regulation shall not go into effect; provided, that the pe- 
 riod of suspension of such rate, fare, toll, rental, charge, 
 classification, contract, practice, rule, or regulation shall 
 not extend beyond one hundred and twenty days beyond 
 the time when such rale, fare, toll, rental, charge, classi 
 ticaiion. contract, practice, rule or regulation would 
 otherwise go into effect unless the coniui'ission, in its (lis 
 
 cretion, extends the period of suspension for a further 
 
PUBLIC UTILITIES 
 
 35 
 
 period not exceeding six months. On such hearing the 
 commission shall establish the rates, fares, tolls, rules or 
 regulations proposed, in whole or in part, or others in lieu 
 thereof, which it shall find just and reasonable. All such 
 rates, fares, tolls, rentals, charges, classifications, con- 
 tracts, practices, rules or regulations uot so suspended 
 shall, on the expiration of thirty days from the time of 
 filing the same with the commission, or of such lesser 
 lime as the commission may grant, go into effect and be 
 the established and effective rates, fares, tolls, rentals, 
 charges, classifications, contracts, practices, rules and reg- 
 ulations, subject to the power of the commission, after a 
 hearing had on its own motion or upon complaint, as 
 herein provided, to alter or modify the same. 
 
 Section 40. The commission may at any time upon 
 notice to the public utility affected, and after opportunity upon notice 
 to be heard as provided in the case of complaints, rescind, and a hearing, 
 alter or amend any order or decision made by it. Any chan % e 
 
 ., . -.. • . ,. . • , any order. 
 
 order rescinding, altering, or amending a prior order or 
 decision shall, when served upon the public utility af- 
 fected, have the same effect as is herein provided for orig- 
 inal orders and decisions. 
 
 Section 50. In all collateral actions or proceedings, collateral 
 the orders and decisions of the commission which have be- actions. 
 come final shall be conclusive. 
 
 Section 51. After any order or decision has been 
 made by the commission, any party to the action or pro- interested 
 ceeding or any stockholder or bond-holder or other party party may 
 pecuniarily interested 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 applica- 
 tion for rehearing, and the commission may grant and 
 hold such rehearing 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 coin- 
 mission shall accrue in any court to any corporation or 
 person unless such corporation or person shall have made, 
 before the effective date of said order or decision, appli- 
 cation to the commission for a rehearing. Such applica- 
 tion shall set forth specifically the ground or grounds on 
 which the applicant considers said decision or order un- 
 lawful. No corporation or person shall in any court urge 
 or rely ob any ground not set forth in said application. 
 
 ask for re- 
 hearing. 
 
:!li PUBLIC UTILITIES 
 
 Any application for a rehearing made ten days <>r more 
 before tlu' effective date of the order as to which a re- 
 hearing is sought, sliall be either granted or denied be- 
 fore sucli effective date, or the order shall stand sus- 
 pended until such application is granted or denied. Any 
 application for a rehearing made within less than ten 
 days of the effective date of the order as to which a re- 
 in aring is sought and not granted within twenty days 
 may be taken by the party making the application to be 
 denied, unless the effective date of the order is extended 
 for the period of the pendency of the application. If any 
 application for a rehearing be granted without a suspen- 
 sion of the order involved, the commission shall forthwith 
 proceed to hear the matter with all dispatch and shall de- 
 termine the same within twenty days after final submis- 
 sion, and if such determination is not made within said 
 time it may be taken by any party to the rehearing that 
 the order involved is affirmed. Any application for re- 
 hearing shall not excuse any corporation or person from 
 complying with and obeying any order or decision, or any 
 requirement of any order of the commission theretofore 
 made, or operate in any manner to stay or postpone the 
 enforcement thereof except in such cases and upon such 
 terms as the commission may by order direct. If after 
 such rehearing 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 
 order or decision or any part thereof is in any respect 
 unjust or unwarranted, or should be changed, the com- 
 mission may abrogate, change, or modify the same. An 
 order or decision made after such rehearing, abrogating, 
 • •hanging or modifying the original order or decision 
 shall have the same force and effect as an original order 
 or decision, but shall not alfect any right or the enforce- 
 ment of any right arising from or by virtue of the orig- 
 inal order or decision unless so ordered by the commis- 
 sion. 
 
 Section 5#. Within thirty days after the application 
 Apply to for a rehearing is denied, or. if the application is granted, 
 
 Supreme Court then within thirty (lays after the rendition of the decision 
 
 ror writ of on rehearing, the applicani may apply to the supreme 
 
 court of this State for a writ of review for the purpose of 
 having the law fulness of the original Order or decision on 
 
PUBLIC UTILITIES 37 
 
 rehearing inquired into and determined. Such writ shall 
 be made returnable not later than thirty days after the 
 date of issuance thereof and shall direct the commission 
 to certify its record in the case to the court. On the re- 
 turn day, the cause shall be heard by the supreme court, 
 unless for a good reason shown the same be continued. 
 Xo new or additional evidence may be introduced in the 
 supreme court, but the cause shall be heard on the record 
 of the commission as certified by it. The review shall not 
 extend further than to determine whether the Commis- 
 sion has regularly pursued its authority, including a de- 
 termination of whether the order or decision under re- 
 view violates any right of the petitioner under the Con- 
 stitution of the United States or of the State of Colorado, 
 and whether the order of the Commission is just and rea- 
 sonable and whether its conclusions are in accordance 
 with the eyidence. The findings and conclusions of the 
 Commission on disputed questions of fact shall be final 
 and shall not be subject to review. The commission and 
 each party to the action or proceeding before the com- 
 mission shall have the right to appear in the review pro- 
 ceeding. Upon hearing, the supreme court shall enter 
 judgment either affirming, setting aside or modifying the 
 order or decision of the commission. The provisions of 
 the Code of Civil Procedure of this State relating to writs 
 of review shall so far as applicable and not in conflict 
 with the provisions of this act, apply to proceedings had 
 in the supreme court under the provisions of this section. 
 Xo court of this State ( except the supreme court to the 
 extent herein specified) shall have jurisdiction to review, 
 reverse, correct or annul any order or decision of the 
 commission or to suspend or delay the execution or opera- 
 tion thereof, or to enjoin, restrain, or interfere with the 
 commission in the performance of its official duties ; pro- 
 vided that the writ of mandamus shall lie from the su- 
 preme court to the commission in all proper cases. 
 
 Section 53. (a) The pendency of a writ of review 
 shall not of itself stay or suspend the operation of the supreme Court 
 order or decision of the commission, but during the pen- may stay 
 demy of such writ, the supreme court in its discretion commissions 
 may stay or suspend, in whole or in part, the operation 
 of the commission's order or decision. 
 
 order. 
 
bond filed. 
 
 38 PUBLIC UTILITIES 
 
 (b) No order so staying or suspending an order or 
 . ,,„. decision of the commission shall be made otherwise than 
 
 upon three days" notice and after hearing, and it' Hie or- 
 order. ( ] ( ,j. or decision of the commission is suspended, ilie order 
 
 suspending the same shall contain a specific finding based 
 upon evidence submitted t<> the court and identified by 
 reference thereto, thai great or irreparable damage would 
 otherwise result to the petitioner and specifying ihe na- 
 ture of the damage. 
 
 (c) In case the order or decision of the commission is 
 slaved or suspended, the order of the court shall not be- 
 
 ,r,li fiiL'.i^ come effective, until a suspending- bond shall first have 
 
 been filed with, and approved by the commission (or ap- 
 proved on review by the supreme court), payable to the 
 State of Colorado, and sufficient in amount and security 
 to insure the prompt payment, by the party petitioning 
 for the review, of all damages caused by the delay in the 
 enforcement of the older or decision of the commission, 
 and of all moneys which any person or corporation may be 
 compelled to pay pending the review proceedings, for 
 transportation, transmission, product, commodity or serv- 
 ice in excess of the charges lixed by the order or decision 
 of the commission in case said order or decision is sus- 
 tained. The supreme court, in case it stays or suspends 
 the order or decision of the commission in any matter af- 
 fecting rates, fares, tolls, rentals, charges or classifica- 
 tions, shall also by order direct the public utility affected 
 to pay into court from time to time, there to be im- 
 pounded until the final decision of the case, or into some 
 bank or trust company paying interest on deposits, under 
 such conditions as the court may prescribe, all sums of 
 money which it may collect from any corporation or per- 
 son in excess of the sum such corporation or person would 
 have been compelled to pay if the order or decision of the 
 commission had not been stayed or suspended. 
 
 I'd) In case the supreme court slays or suspends any 
 order or decision lowering any rate, fare, toll, rental. 
 charge or classification, the commission, upon the execu- 
 tion and approval of said suspending bond, shall forth- 
 with require the public utility affected, under penalty of 
 the immediate enforcement of the order or decision of the 
 commission i pending review and notwithstanding the sus- 
 pending order i keep such accounts, verified by oath, as 
 
 Recounts 
 
 n-nding 
 
iTr.i.ic 
 
 TILITIES 
 
 :;'.) 
 
 may, in the judgment of the commission suffice to show 
 the amounts being charged or received by such public 
 utility, pending review, in excess of the charges allowed 
 by the order or decision of the commission, together with 
 the names and addresses of the corporations or persons 
 to whom overcharges will be refundable in case the 
 charges made by the public utility, pending review, be 
 not sustained by the supreme court. The court may, 
 from time to time, require said party petitioning for a 
 review to give additional security on, or to increase the Additional 
 said suspending bond, whenever in the opinion of the security. 
 court the same may be necessary to insure the prompt 
 payment of said damages and said overcharges. Upon 
 the final decision by the supreme court, all moneys which 
 the public utility may have collected, pending the appeal 
 in excess of those authorized by such final decision, to- 
 gether with interest, in case the court ordered the de- 
 posits of such moneys in a bank or trust company, shall 
 be promptly paid to the corporations or persons entitled 
 thereto, in such manner and through such methods of dis- 
 tribution as may be prescribed by the commission. If 
 any moneys shall not have been claimed by the corpora- 
 tions or persons entitled thereto within one year from the Moneys not 
 final decision of the supreme court, the commission shall claimed 
 cause notice to such corporations or persons to be given advertised, 
 by publication once a week for two successive weeks in 
 a newspaper of general circulation, printed and published 
 in the city and county of Denver and such other news- 
 papers as may" be designated by the commission, said no- 
 tice to state the names of the corporations or persons en- 
 titled to such moneys and the amount due each corpora- 
 tion or person. All moneys not claimed within three 
 months after publication of said notice shall be paid by 
 the public utility, under the direction of the commission, 
 into the state treasury for the benefit of the general fund. 
 
 Section 54. All actions and proceedings under this 
 act, and all actions or proceedings to which the commis- preference 
 siou or the people of the State of Colorado may be parties, over other 
 and in which any question arises under this act, or under causes - 
 or concerning any order or decision of 1 lie commission, 
 shall be preferred over all other civil causes except elec 
 tion causes and shall be heard and determined in prefer- 
 ence to all other civil business except election causes, ir- 
 
Sections "2 
 
 and 4 
 
 40 PUBLIC (JTILITIES 
 
 respective of position on the calendar. The same prefer- 
 ence shall be granted upon application of the attorney of 
 the commission in any action or proceeding in which he 
 may he allowed to intervene. 
 
 Section 55. For the purpose of ascertaining the mat- 
 ters and things specified in section S2 of this act, con- 
 cerning the value of the property of public utilities, the 
 commission may cause a hearing or hearings to be held at 
 such time or times and place or places as the commission 
 may designate. Before any hearing is had, the commis- 
 sion shall give the public utility affected thereby at least 
 thirty days' written notice, specifying the time and place 
 of such hearing, and such notice shall be sufficient to au- 
 thorize the commission to inquire into the matters desig- 
 nated in this section and in section 47 of this act, but this 
 provision shall not prevent the commission from making 
 any preliminary examination or investigation into the 
 matters herein referred to, or from inquiring into such 
 matters in any other investigation or hearing. All pub- 
 lic utilities affected shall be entitled to be heard and to 
 introduce evidence at such hearing or hearings. The 
 commission is empowered to resort to any other source 
 of information available. The evidence introduced at 
 such hearing shall be reduced to writing and certified un- 
 der the seal of the commission. The commission shall 
 make and file its findings of fact in writing upon all mat- 
 ters concerning which evidence shall have been introduced 
 before it which in its judgment have have bearing on 
 the value of the property of the public utility affected. 
 Such findings shall be subjected to review by the supreme 
 court of this state in the same manner and within the 
 same time as other orders and decisions of the commis- 
 sion. The findings of the commission so made and filed, 
 when properly certified under the seal of the commission, 
 shall be admissible in evidence in any action, proceeding 
 or hearing before the commission or any court, in which 
 the commission, the Stale or any officer, department or 
 institution thereof, or any county, city and county, munici- 
 pality or Other body politic and the public utility af- 
 fected may be interested, whether arising under the pro- 
 visions of this act, or otherwise, and such findings, when 
 so introduced, shall be conclusive evidence of the facts 
 therein stilted as of the date therein stated under condi- 
 tions then existing and such facts can onlv be contro- 
 
PUBLIC UTILITIES 41 
 
 verted by showing a subsequenl phange in conditions 
 bearing' upon t lie facts therein determined. The commis- 
 sion may, from time to time, cause further hearings and 
 investigations to be had for the purpose of making re- 
 valuations or ascertaining the value of any betterments, 
 improvements, additions or extensions made by any pub- 
 lic utility subsequent to any prior hearing or investiga- 
 tion, and may examine into all matters which may change, 
 modify or affect any finding of fact previously made, and 
 may at such time make findings of fact supplementary to 
 those theretofore made. Such hearings shall be had upon 
 the same notice and be conducted in the same manner, 
 and the findings so made shall have the same force and 
 effect as is provided herein for such original notice, hear- 
 ing, and findings; provided, that such findings made at 
 such supplemental hearings or investigations shall be con- 
 sidered in connection with and as a part of the original 
 finding's except in so far as such supplemental findings 
 shall change or modify the findings made at the original 
 hearing or investigation. 
 
 Section 56. i a ) When complaint has been made to 
 the commission concerning any rate, fare, toll, rental or 
 charge for any product or commodity furnished or serv- 
 ice performed by any public utility, and the commission 
 has found, after investigation, that the public utility has 
 charged an excessive or discriminatory amount for such 
 product, commodity or service, the commission may order 
 that the public utility make due reparation to the com- 
 plainant therefor, with interest from the date of collec- discrimination. 
 tion, provided no discrimination will result from such 
 reparation. 
 
 (b) If the public utility does not comply with the 
 order for the payment of reparation within the specified suit may be 
 time in such order, suit may be instituted in any court of instituted. 
 competent jurisdiction to recover the same. All com- 
 plaints concerning excessive or discriminatory charges 
 shall be filed with the commission within two years from 
 the time the cause of action accrues, and the petition for 
 the enforcement of the order shall lie filed in the court 
 within one year from the date of the order of the commis- 
 sion. The remedy in this section provided shall be cumu- 
 lative and in addition to anv other reined v or remedies in 
 
 Reparation for 
 
ll! IM BMC UTILITIES 
 
 iliis acl provided in case of failure of a public utilit.v t<> 
 obey the order or decision of the commission. 
 
 Section r>7. 1 1 is hereby made the duty of the com- 
 Bnf0 mission to see thai the provisions of the constitution and 
 
 stitution statutes of this state affecting public utilities, tlie enforce- 
 and laws. inent of which is not specifically vested in some other of- 
 
 ficer or tribunal, are enforced and obeyed, and that viola- 
 tions thereof are promptly prosecuted and penalties due 
 the State therefor recovered and collected, and to this 
 end it may sue in the name of the people of the State of 
 Colorado. Upon the request of the commission, it shall 
 be the duty of the attorney general or the district attor- 
 ney of the proper county or city and county to aid in any 
 investigation, hearing or trial had under the provisions 
 of tin's act, and to institute and prosecute actions or pro- 
 ceedings for the enforcement of the provisions of the con- 
 stitution and statutes of this State affecting public util- 
 ities and for the punishment of all violations thereof. 
 
 Section 58. (a) In case any public utility shall do, 
 cause to be done or permit to be done any act, matter or 
 thing prohibited, forbidden or declared to be unlawful, or 
 shall omit to do any act, matter or thing required to be 
 doUe, either by the constitution, any law of this State or 
 any order or decision of the commission, such public util- 
 Liabiefor >ty shall be liable to the persons or corporations affected 
 
 -■hoi thereby for all loss, damages or injury caused thereby or 
 
 resulting therefrom, and if the court shall find that the 
 act or omission was wilful, the court may in addition to 
 the actual damages award damages for the sake of exam- 
 ple and by way of punishment. An action to recover 
 such loss, damage or injury may be brought in any court 
 of competent jurisdiction by any corporation or person. 
 
 lb) No recovery as in Ihis section provided shall in 
 any manner affect the recovery by the State of the pen- 
 alties in this act provided or the exercise by the commis- 
 sion of its power to punish for contempt. 
 
 Section ."">!>. la I This act shall not have the effect to 
 
 No waiver release or waive any right of action by the state, the com- 
 
 ghts. mission, or any person or corporation for any fight, pen 
 
 alty or forfeiture which may have arisen or accrued or 
 
 may hereafter arise or accrue under any law of this 
 
 State. 
 
PUBLIC UTILITIES 43 
 
 (hi All penalties accruing under tin's act shall be cu- 
 mulative of each other, and a suit for the recovery of one |,emiIties 
 penalty shall not be a bar to or affect the recovery of any cumulative - 
 other penalty or forfeiture or be a bar to any criminal 
 prosecution against any public utility, or any officer, di- 
 rector, agent or employee thereof, or any other corpora- 
 tion or person, or be a bar to the exercise by the commis- 
 sion of its power to punish for contempt. 
 
 Section 60. Whenever the commission shall be of 
 
 the opinion that any public utility is failing or omitting Action for 
 
 to do anything required of it by law, or by any order, violations or 
 
 decision, rule, direction or requirement of the commis- threatened 
 
 ■. . . , . , -, ,i ■ violations. 
 
 si on, or is doing anything or about to do anything;, or per- 
 mitting anything or about to permit anything to be done 
 contrary to or in violation of law or of any order, deci- 
 sion, rule, direction or requirement of the commission, it 
 shall direct the attorney of the commission to commence 
 an action or proceeding in the district court in and for 
 the county, or city and county, in which the cause or 
 some part thereof arose, or in which the corporation or 
 person complained of, if any, has its principal place of 
 business, or in which the person, if any, complained of, 
 resides, in the name of the people of the State of Colo- 
 rado, for the purpose of having such violations or threat- 
 ened violations stopped and prevented, either by manda- 
 mus or injunction. The attorney of the commission shall 
 thereupon begin such action or proceeding by petition to 
 such district court, alleging' the violation or threatened 
 violation complained of, and praying for appropriate re- 
 lief by way of mandamus or injunction. It shall there- 
 upon be the duty of the court to specify a time, not ex- 
 ceeding twenty days after the service of the copy of the 
 petition, within which the public utility complained of 
 must answer the petition, and in the meantime said public 
 utility may be restrained. In case of default in answer, 
 or after answer, the court shall immediately inquire into 
 tlie facts and circumstances of the case. Such corpora- 
 tions or persons as the court may deem necessary or 
 proper to be joined as parties, in order to make its judg- 
 ment, order or writ effective, may be joined as parties. 
 The final judgment in any such action or proceeding 
 shall either dismiss the action or proceeding or direct 
 that the writ of mandamus or injunction issue or be made 
 
1 1 
 
 I'l'I'.I.ie UTILITIES 
 
 Penal ty for 
 violations. 
 
 Each violation 
 
 separate 
 
 offense. 
 
 Enforcing 
 act. penalties. 
 
 Officer, agent, 
 employe, liable. 
 
 permanent ;is prayed for in the petition, or in such mod 
 ified or other form as will afford appropriate relief. An 
 ap] "al may be taken to the supreme court from such final 
 judgment in the same manner ami with the same effect, 
 subject i(» the provisions of this act, as appeals arc taken 
 from judgments of the district courl in other actions for 
 mandamus or injunction. 
 
 Section 61. i .1 1 Any public utility which violates or 
 fails to couiph with any provision of the constitution "of 
 this State or of this act, or which fails, omits or neglects 
 in obey, observe or comply with any order, decision, de- 
 cree, rule, direction, demand or requirement or any part 
 or provision Thereof, of the commission, except an order 
 for the payment of money, in a case in which a penalty 
 has not hereinbefore be'en provided for such public util- 
 ity, is subject to a penalty of not more than two thou- 
 sand dollars for each and every offense. 
 
 lb) Every violation of the provisions of this act or of 
 any order, decision, decree, rule, direction, demand or re- 
 quirement of the commission, or any part or portion 
 thereof, except an order for the payment of money, by 
 any corporation or person is a separate and distinct of- 
 fense, and in case of a continuing violation each day's 
 continuance thereof shall he and be deemed to be a sep- 
 arate and distinct offense. 
 
 (c) In construing and enforcing the provisions of 
 this act relating to penalties, the act, omission or failure 
 of any officer, agent or employee of any public utility, 
 acting within the scope of his official duties or employ- 
 ment, shall in every case l»e and be deemed to be the act, 
 omission or failure of such public utility. 
 
 Section 62. Every officer, agent <>r employee of any 
 public utility, who violates or fails t<> comply with, or 
 who procures, aids or abets any violation by any public 
 utility of any provision of the constitution of this State 
 or of this act, or who fails to obey, observe or comply 
 with any order, decision, rule, direction, demand or re- 
 quirement or any part or provision thereof, of the com- 
 mission, except an ord( r for the payment of money, or Mho 
 procures, aids or abets any public utility in its failure to 
 obey, observe and comply with any such order, decision, 
 rule, direction, demand or requirement, or any part or 
 provision thereof in a case in which a penalty has not 
 
PUBLIC UTILITIES 
 
 4.") 
 
 hereinbefore been provided for such officer, agent or em- 
 ployee, is guilty of n misdemeanor and is punishable by a 
 line not exceeding one thousand dollars, or by imprison- 
 ment in a county jail not exceeding- one year, or by l><>th 
 such fine and imprisonment. 
 
 Section <>:!. Every corporation other than a public 
 utility which violates any provision of this act, or which 
 fails to obey, observe or comply with any order, decision, 
 rule, direction, demand or requirement, or any part or 
 provision thereof, of the commission, except an order for 
 the payment of money, in a case in which a penalty has 
 not hereinbefore been provided for such corporation or 
 person is subject to a penalty of not more than two thou- 
 sand dollars for each and every offense. 
 
 Section 64. Every person, who. either individually, 
 or acting as an officer, agent or employee of a corporation 
 other than a public utility, violates any provision of this 
 act. or fails to observe, obey or comply with any order, 
 decision, rule, direction, demand or requirement, or any 
 part or portion thereof, of the commission, or who pro- 
 cures, aids or abets any such public utility in its violation 
 of this act. or in its failure to obey, observe or comply 
 with any such order, decision, rule, direction, demand or 
 requirement, or any part or portion thereof, in a case in 
 which a penalty has not hereinbefore been provided for 
 such person, is guilty of a misdemeanor and is punish- 
 able by a fine of not exceeding one thousand dollars, or 
 by imprisonment in a county jail not exceeding one year, 
 or by both such fine and imprisonment. 
 
 Section 65. Actions to recover penalties nuder this 
 act shall be brought in the name of the people of the 
 State of Colorado, in the district court in and for the 
 county, or city and county, in which the cause or some 
 part thereof arose, or in which the corporation com- 
 plained of. if any. has its principal place of business, or 
 in which the person, if any, complained of. resides. Such 
 action shall be commenced and prosecuted to final judg- 
 ment by the attorney of the commission. In any such 
 action, all penalties incurred up to the time of commenc- 
 ing the same may be sued for and recovered. In all such 
 actions, the procedure and rules of evidence shall be the 
 same as in ordinary civil actions, except as otherwise 
 herein provided. All fines and penalties recovered by 
 
 Violations by 
 corporations 
 not public 
 
 utilities. 
 
 Officer agent 
 employe of 
 corporations 
 not public 
 utility liable. 
 
 Action to 
 
 recover 
 
 penalties. 
 
t<; 
 
 rrr.uc itiutiks 
 
 < Jontempt. 
 
 Actions by 
 State or Rail- 
 road ' !ommis- 
 sion not 
 affected. 
 
 No abatement 
 < < f provisions 
 
 <'f('h;ip .",. 
 S. L. L910. 
 
 Hie State in any such action, together with the costs 
 
 thereof, shall he paid into the state treasury to the credit 
 of The Public Utility Commission Fund. Any such ac- 
 tion may be compromised or discontinued od application 
 of the commission upon such terms as the court shall ap- 
 prove and order. 
 
 Section 66. ia i Every public utility, corporation or 
 person which shall fail to observe, obey or comply with 
 any order, decision, rule, direction, demand or require- 
 ment, or any part or portion thereof, of the commission or 
 any commissioner, except an order for the payment of 
 money, shall he in contempt of the commission, and shall 
 he punishable by the commission for contempt in the same 
 manner and to the same extent as contempt is punished 
 by courts of record. The remedy prescribed in this ac- 
 tion shall not he a bar to or affect any other remedy pre- 
 scribed in this act, hut shall he cumulative and in addi- 
 tion to such other remedy or remedies. 
 
 (hi This act shall not affect pending actions or pro- 
 ceedings brought hy or against the people of the State of 
 Colorado or the Railroad Commission, or by any other 
 p( rson or corporation under the provisions of chapter •"> 
 of the laws of l'.lll), hut the same may he prosecuted and 
 defended with the same effect as though this act had not 
 been passed. Any investigation, hearing or examination 
 undertaken, commenced, instituted or prosecuted by the 
 Railroad Commission prior to the taking effect of this act 
 may be conducted and continued to a final determination 
 in the same manner and with the same effect as if it had 
 been undertaken, commenced, instituted or prosecuted in 
 accordance with the provisions of this act. All proceed- 
 ings heretofore taken by the Railroad Commission in any 
 such investigation, hearing or examination are herein 
 ratified, approved, validated and continued and all such 
 I roceedings shall have the same force and effect as if 
 they had been undertaken, commenced, instituted and 
 prosecuted under the provisions of this act and in the 
 manner herein prescribed. 
 
 (c) No cause of action arising under the provisions 
 of chapter 5 of the laws of L910 shall abate hy reason of 
 I lie passage of this act. whether a suit or action has hi en 
 instituted thereon ;it the time of taking cll'ect of this act 
 or not. hut actions may he brought upon such causes in 
 
I'l'l'.I.IC UTILITIES 
 
 the same manner, under the same terms and conditions, 
 and with the same effect as though parts of said chapters 
 had not been repealed. 
 
 (d) All orders, decisions, rules or regulations hereto- 
 fore made, issued or promulgated by the Railroad Com- 
 mission shall continue in force and have the same effect 
 as though they had been lawfully made, issued or pro- 
 mulgated under the provisions of this act. 
 
 Section 67. If any section, subsection, sentence, 
 clause, or phrase of this act is for any reason held to be 
 unconstitutional, such decision shall not affect the va- 
 lidity of the remaining portions of this act. The General 
 Assembly hereby declares that it would have passed this 
 act, and each section, subsection, sentence, clause and 
 phrase thereof, irrespective of the fact that any one or 
 more other sections, subsections, sentences, clauses or 
 phrases be declared unconstitutional. 
 
 Section 68. Neither this act nor any provision there- 
 of, except when specifically so stated, shall apply or be 
 construed to apply to commerce with foreign nations or 
 commerce among the several states of this Union, except 
 in so far as the same may be permitted under the provi- 
 sions of the constitution of the United States and the Acts 
 of Congress. 
 
 Section 69. That sections 11. 16, IT. IS. 1!) and 20 
 of Chapter 5, Laws of 1910, entitled "An act to amend 
 and as amended to re-enact an act entitled "An act to reg- 
 ulate common carriers in this State, to create a State rail- 
 road commission, to prescribe and define its duties, to fix 
 the salaries of the commissioners and of the employees of 
 the commission, to prevent the imposition of unreasonable 
 rates and charges, to prevent unjust discriminations, to 
 insure an adequate railway service, to prevent the giving 
 or receiving of rebates, to prescribe the mode of pro- 
 cedure and the rules of evidence in relation thereto, to 
 prescribe penalties for violations of this act, to exercise 
 a general supervision over the conduct and operations of 
 common carriers and to repeal all acts or parts of acts 
 inconsistent herewith' ", be and the same are hereby re- 
 pealed, and the remaining sections of said Chapter 5, 
 Laws 1910, where not in conflict with this act, are hereby 
 expressly declared to be and remain in full force and ef- 
 fect, as if this act had not heen passed; except thai the 
 
 Orders of 
 Railroad 
 Commis.sion 
 in force. 
 
 Saving 
 clause. 
 
 Interstate 
 commerce. 
 
 Repealing 
 section. 
 
IS 
 
 'I LSLIC UTILITIES 
 
 powers and duties therein conferred upon the state Bail- 
 road Commission <>t Colorado, arc hereby transferred and 
 conferred upon the commission created by tliis act. 
 
 All other acts and parts of ads in conflict with this 
 act are hereby repealed. 
 
 Approved April 12th 1913 a1 4:55 P. .M. 
 
 NOTICE 
 
 Sections 35, :'»<; and :'»7 have been referred under the 
 initiative and referendum law and are not operative. The 
 same will be voted on at the General Election to he held 
 November 3, 1914. 
 
 ■ 
 
 
U.C. BERKELEY LIBRARIES 
 
 Gaylord Bros. 
 
 Makers 
 
 Syracuse, N. V 
 
 PAT, JAN. 21, 1908 
 
 CDE5bS0TEb 
 
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 UNIVERSITY OF CALIFORNIA LIBRARY 
 
39