The Elbert County tribune. [volume], October 18, 1912, Image 2

About The Elbert County tribune. [volume] (Elbert, Elbert County, Colo.) 18??-1920

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F'art, or the ugKregate of, such rate*,
area, charget and classifications, or
the value or the aervlca rendered to the
passenger, shipper or consignee. Sub
ject to such rules and regulations as
the commission may prescrlbo. auch
schedules shall be plainly printed In
large type, and copy thereof shall be
kept by every such carrier readily ac
cessible to and for Inspection by the
public In every station or office of such
aarrler where passengers or property
are respectively received for transpor
tation whim such_#tatlon or office Is
In charge of an agent, and in every
station or office of such carrier whpre
Rassenger tickets or tickets for sleep
ig. parlor oar or other train accom
modations are sold or bills of lading or
waybills or receipts for property are
Issued. Any or all of such schedules
kept as aforesaid shall be Immediately
produced by said carrier for Informa
tion upon the demand of any person.
A notice printed In bold type and stat
ing that such schedules are on file with
the agent and open to inspection by any
person, and that the agent will assist
any person to determine from such
schedules any rates, fares, rules or reg
ulations In force, shall be kept posted
by the carrier In two public and con
spicuous places In every station or of
fice. The form of every such schedule
shall be prescribed by the commission
and shall conform In the case of com
mon carriers subject to the act of con
gress entitled, "An Act to Rogulate
Commerce," approved February 4, 1887.
and the acts amendatory thereof and
supplementary thereto, as nearly as
may be to the form of schedules pre
scribed by the Interstate commerce
commission upder said act.
(b) Under such rules and regulations
as the commission may prescribe, every
public utility other than a common
carrier 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 classifica
tions collected or enforced, or to be
collected or enforced, together with all
rules and regulations, which in any
manner affect or relate to rates, tolls,
rentals, classifications or service. Un
less otherwise provided by the com
mission. such schedule shall he filed
not later than ninety days after this
act becomes effective. Such public
utility In said schedule shall fix the
rates, tolls, rentals or charges to be
collected or enforced by it, and there
after the eame may not be changed
or modified by such utility, except In
the manner In this act provided. The
form of every such schedule shall be
prescribed by the commission, and, as
to telephone and telegraph companies
shall conform to the act of congress
entitled, "An Act to Regulate Com
merce," approved February 4, 1887, and
to the acts amendntoi'y thereof and
supplementary thereto, and such as
may be hereafter enacted by the con
gress of the United States, and as
nearly as may be. to the form of
schedules prescribed by the Interstate
commerce commission under said act.
Nothing In this section oontalned shall
prevent the commission from approv
ing rates, tolls, rentals or charges,
from time to time In excess of or less
than those shown by said schedules.
(c) The commission shall have
power, from time to time, in Its dis
cretion, to determine and prescribe by
order such changes In the form of the
schedules referred to In this section as
It may find expedient within the pur
view of the foregoing provisions, and
to modify the requirements of any of
Its orders, rules or regulations in re
spect to any matter In this section re
ferred to.
' Section 11. Unless the commlsaloil
otherwise orders, no change shall be
made by any public utility In any rate,
fare, toll, rental, charge or classifica
tion, or In any rule or regulation ro
tating to or affecting any rate, fare,
toil, rental, charge, classification or
service, except after thirty (30) days'
notice to the commission and to the
public as herein provided. Such notice
shall be given by filing with the com
mission and keeping open for public
Inspection new schedules stating plain
ly 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
commission, 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 ana the tiino when they
shall take effect, and the manner In
which they shall be filed and pub
lished. When any change Is proposed
In any rate, fare, toll, rental, charge
or classification, or In any rule or reg
ulation relating to or affecting any
rate, rare, toll, rental, charge, class
ification or service, attention shall be
directed to such change on the sched
ule filed with the commission, by some
character to be designated by the com
mission. Immediately preceding or fol
lowing the item.
I Section 16. The names of the sev
eral public utilities which are parties
to any Joint tariff, rate, fare, toll,
classification or chnrge shall he spe
cified' in the schedule or schedules
showing the same. Unless otherwise
ordered by the commission, a schedule
.showing such lolnt tariff, rate, fare,
,toll. classification or charge need be
(filed with the commission by only one
of the parties to It; provided, that
’there Is also filed with the commission
in such form as the commission may
require a concurrence in such Joint
tariff, rate, fare, toll, classification or
charge by each of the other parties
thereto.
Section 17. (a) 1. No common carrier
subject to the provisions of this act
shall continue In the transportation of
persons or property, between points
within this state, longer than said
ninety days allowed for filing its
schedule as aforesaid, unless Its sched
ules of rates, fares, charges and classi
fications ahall have been filed and pub
lished in accordance with the provi
sions of this act.
2. No common carrier shall charge,
demand, collect or receive a greater or
less or different compensation for the
transportation of persons or property
or for any servieo In connection there
with. than the rates, fares and charges
applicable to such transportation as
specified In Its schedules filed and In
effect at the time; nor shall any such
carrier rafund or remit In any manner
or by any device any portion of the
rates, fares or charges so specified, ex
cept upon order of the commission as
hereinafter provided, nor extend to any
corporation or person any privilege or
facility in the transportation of pas
sengers or property except such as urc
regularly and uniformly extended to
all corporations and persons, provided,
that common carriers may make spe
cial ahlpment of perishable products
and live stock, and 'handle the suine
accordingly; and, provided, further,
that the commission may by rule or
order permit such exceptions from the
operation of this prohibition as It may
consider It Just and reasonable as to
each public utility.
3. No public utility, subject to the
Firovlslons of this act shall, directly or
ndlrectly, issue or give or grant any
free ticket, free pass or free transpor
tation for passengers or property, be
tween points within this state, or free
passes or franks or service by tele
graph or telephono companies, except
to Its officers, employees, agents, at
torneys, surgeons, physicians and
members of their .families; to the of
ficers, agents, employees, attorney,
surgeons and physicians of other com
mon carriers, and telephone and tele
graph companies, and members of
their families: to railway mall service
employes, post office Inspectors, news
boys on trains, baggugu agents, per
sons injured in accidents or wrecks,
and physicians attending such per
sons, and to the carriage, free or at
reduced rates, of property or persons,
or messages for the United States or
state governments, or for charitable
purposes, or to provide relief in cases
of general epidemic, pestilence or other
calamitous visitation, and property to
and from fairs or expositions for ex
hibit thereat; alßo contractors and
their employes, material or supplies
for use or engaged In carrying out
their contracts with said carriers, for
construction, operation or maintenance
work or work Incidental thereto on the
line of the Issuing carrier, to the ex
tent only that .such free or reduced
rate transportation Is provided for In
the specifications upon which the
contract Is based and in the contract
Itself' provided, that nothing In this
act contained shall be construed to
prohibit the issue of passes or franks,
or to give free . service by telegraph
or telephone corporations to their of
ficers, ngents, employes, attorneys.
physicians and surgeons, and members
of their families, or the exchange of
passes or franks or free service be
tween such telegraph and telephone
corporations and common carriers, for
their officers, agents, employes, attor
neys, physicians arid surgeons, and
members of their families, nor to pre
vent common carriers to make excur
sion rates, and telephone and telcgrapn
companies to make reduced rates tem
porarily, if extended to all corporations
and persons alike.
(b> Except as In this act otherwise
provided, no public utility shall charge,
demand, collect or receive a greater or
less or different compensation for any
product or commodity furnished or to
be furnished, or for any service ren
dered or to be rendered, than the rates,
tolls, rentals and charges applicable to
such product or commodity or service
as specified in Its schedules on file
and In effect at the time, nor shall any
such public utility rerund ar remit dl
roctly or Indirectly, In any manner or
by any service, any portion of the
rates, tolls, rentals and charges so spe
cified, nor extend to any corporation
or person any form of contract or
agreement as to rates, tolls, rentals
and charges or any rule or regulation
except such as are regularly and uni
formly extended to all corporations and
persons; provided, that messages by
telegraph, telephone or cable, subject
to the provisions of this act, may be
classified by the utility into day, night,
repeated, unrepeated, latter, commer
cial. press, government and such other
classes as are Just and reasonable, and
different rates may be charged for the
different classes or messages: ana, pro
vided, further, that nothing In this act
shall be construed to prevent telegraph,
telephone and cable oompanies from
entering into contracts with common
carriers for the exchange of services
at rates common to all common car
riers of like class.
Section 18. Every telegraph and
telephone corporation shall print and
file or causo to be filed with the com
mission schedules showing all the
rates, fares, colls, rentals, charges and
classifications for the transmission of
messages or conversations between all
points within this state upon its lines
and between all points within this
state upon every lino leased, operated
or controlled by it, and between alj
points on its line or upon any lines
leased, operated or controlled by it
within this state and upon the line of
any other telegraph or telephone cor
poration whenever a through line and
Joint rate shall have been established
between any two such points.
Section 19. Except as In this act pro
vided, no public utility shall, as to
rates, charges, service, or in any other
respect, make or grant any preference
or advantage to any corporation or per
son or subject any corporation or per
son to any prejualco or disadvantage.
No public utility shall establish or
maintain any unreasonable difference
as to rates, charges or service, either
as between localities or as between
classes of service: provided, that as to
telegraph, telephone, heat, water,
power, electric light and gas com
panies, uniformity of rates as to ex
changes and plants in different local
ities, and toll charges for telephone
service between different localities,
need not be observed, and geographical
location of exchanges, toll stations and
plants may be considered In fixlrfg
rutes by telegraph, telephone, heat, wa
ter. power, electric light and gas com
panies.
Section 20. Nothing in this act shall
be taken to prohibit any public utility
from Itself profiting, to the extent per
mitted by the commission, from any
economies, efficiencies or Improvements
which It may make, and from distribut
ing byway of dividends, or otherwise
disposing of, the profits to which it
mav be so entitled.
Bectlon 21. Nothing In this act shall
be taken to prohibit a corporation or
person engaged In the production, gen
eration. transmission or furnishing of
heat, light, water or power, or tele
graph or telephone service, from es
tablishing a sliding scale of charges;
provided, that u schedule showing such
scale of charges shall first have been
filed with the commission and such
schedule and each rate sot out therein
approved by It. Nothing in this act
shall be taken to prohibit any such
corporation or person from entering
Into an arrangement for a fixed period
for tho automatic adjustment of
charges for heat, light, water or power,
or telegraph or telephone service, in
relation to the dividends to bo paid to
stockholders of such corporation, or the
profit to be realized ±ur K such person
or corporation; a sched
ule showing the scale of charges under
such arrangement shall first have been
filed with the commission and such
schedule and each rate set out therein
approved by it.
Section 22. Every common carrier
shall afford all reasonable, proper and
equal facilities for the prompt and ef
ficient interchange and transfer of pas
sengers, tonnage and cars, loaded or
empty, between the lines owned, oper
ated, controlled or leased by It and the
Hnes of every other common carrier,
and shall make such Interchange and
transfer promptly without discrimina
tion between shippers, passengers or
carriers either as to compensation
charged, service rendered or facilities
afforded. Every railroad corporation
shall receive from every other railroad
corporation, at any point of connection,
freight cars of proper standard and
In proper condition, and shall haul the
sunie either to destination. If the desti
nation be upon a line owned, operated
or controlled by such railroad corpora
tion, or to point of transfer according
to route billed. If the destination be
upon the line of some other railroad
corporation, but this act shall not be
construed as requiring any common
carrier to give the use of its tracks
or terminal facilities to another com
mon carrier enguged In liko business.
Nothing In this section contained
Bhall be construed as in any wise lim
iting or modifying the duty of a com
mon carrier to Joint lates,
fares and charges for the transporta
tion of'passengers and property over
\the lines owned, operated, controlled
or leased by It and the lines of other
common carriers, nor as in any man
ner limiting or modifying the power of
the commission to require the estab
lishment of such joint rates, fares and
charges.
Section 23. (a) No common carrier,
or any officer or agent thereof, or any
person acting for or employed by It.
shall, by means of known false billing,
classification, weight, weighing, or re
port of weight, or by any other device
or moans assist, suffer or permit any
corporation or person to obtain trans
portation for any person or property
between points within this state at less
than the rates and fares then estab
lished and in force as shown by the
schedules filed and in effect at the
time. No person, corporation, or any
officer, agent or employee of a cor
poration shall, by means of false bill
ing, false or incorrect classification,
false weight or weighing, false repre
sentation as to contents or substance
of a package, or false report or state
ment of weight, or by any other de
vice or means, whether with or with
out the consent or connivance of a
common carrier or any of its officers,
agents or employees, seek to obtain or
obtain such transportation for such
property at less than the rates then
established and in force therefor.
(b) No person or corporation, or any
officer, agent or employee of a cor
poration. shall knowingly, directly or
Indirectly, by any false statement or
representation as to cost or value, or
the nature or extent of an injury, or
by the use of any false billing, bill of
lading, receipt, voucher, roll, account,
claim, certificate, affidavit or deposi
tion, or upon any false, fictitious or
fraudulent statement or entry, obtain
or attempt to obtain any allowance,
rebate or payment for damage, in con
nection with or growing out of the
transportation of persons or property
or an agreement to transport such per
sons or property, whether with or
without the consent or connivance of
a common carrier or any of its officers,
agents or employees, nor shall any
common carrier, or anv officer, agent
or employee thereof, knowingly pay or
offer to pay any such allowance, rebate
or claim for damage.
Section 24. All common carriers ac
cepting live stock and perishable fruit
under the provisions of this act, must
move from point of origin to destina
tion within the state at an average
speed of not less than ten miles per
hour, including all stoppages except
where prevented by an unavoidable ac
cident or unusual storm.
Section 26. After delivery of the car
or cars to the applicant by the com
mon carrier, forty-eight hours shall be
allowed to the applicant to load said
cars, computing from seven a. m. the
day following the delivery of the cars,
and upon failure so to do the common
carrier shall be entitled to collect from
said applicant the sum of one dollar
per day for each car not returned
loaded to the common carrier within
the time thus allowed, and If the ap
plicant shall not use the ears applied
lor the common carrier shall be en
titled to collect the sum of one dollar
per car per day and a reasonable
switching charge for each car so deliv
ered ami not used, provided, that se
vere storms, or causes which make de
livery of product or stock at the load
ing point practically impossible to the
applicant for cars, shall, while such
conditions prevail, exempt such appli
cant for cars, from the penalty above
named.
Section 26. A consignee or other in
terested party shall be allowed forty
eight hours of free time to unload cars
of thirty tons capacity or tonnage, or
less, and an additional twenty-four
hours of free time shall be allowed on
cars of greater tonnage or capacity,
taking each track delivery computed
from seven a. m. of the day following
the day notice of arrival of the cars
and of the placing at an accessible
point for unloading is given to the con
signee or other Interested party, and
thereafter the common carrier may col
lect a charge of one dollar per day or
fraction of a day during which cars
are not unloaded or returned to the
common carrier. Cars of live stock
shall be placed for unloading within
two hours after reaching destination.
In the event that cars are bunched and
delivered, through any negligence of
the carrier, to the consignee, or the
party whose Interest therein may ap
pear, in numbers beyond his reasonable
ability to unload within tho free time
herein allowed, he shall be granted by
the carrier such additional time as may
be necessary to unload cars in the or
der of their shipment.
Section 27. No street or lnterurban
railroad corporation shall charge, de
mand, collect or receive more than five
cents for one continuous ride In tho
same general direction within the cor
£ orate limits of any municipality
nown as a city and county, or city
or town, except upon a showing before
the commission that such greater
charge is Justified; provided, that until
the decision of the commission upon
such showing, a street or lnterurban
railroad corporation may continue to
demand, collect and receive the fare In
effect as shown by the schedule filed
with the commission. Every street or
lnterurban railroad corporation shall
upon such terms as the commission
shall find to be Just and reasonable
furnish to Its passengers transfers en
titling them to one continuous trip In
the same general direction over and
upon the portions of its lines within
the same municipality known as a city
and county, or city or town, not
reached by the or.ginatlng car.
Section 28. (a) Every public utility
shall furnish to the commission in such
form and such detail as the commis
sion shall prescribe, all tabulations,
computations and all other Information
required by It to carry into effect any
of the provisions of this act. and shall
make specific answers to all questions
submitted by the commission.
(b) Every public utility receiving
from the commission any blanks with
directions to fill the same shall cause
the same to be properly filled out so
as to answer fully and correctly each
question propounded therein; In case it
is unable to answer any question, it
shall give a good and sufficient reason
for such failure.
(c) Whenever required by the com
mission, every public utility shall de
liver to the commission copies of any
or all maps, profiles, contracts, agree
ments, franchises, reports, books, ac
counts, papers and records In Its pos
session or In any way relating to its
property or affecting Its business, and
also a complete Inventory** of all Its
property In such form as the commis
sion may direct,
(d) No Information furnished to the
commission by a public utility, except
such matters as are specifically re
quired to be open to public inspection
by the provisions of this act, shall be
open to public inspection or made pub
lic except on order of the commission,
or by the commission or a commis
sioner in the course of a hearing or
proceeding. Any officer or employee q/
the commission who, In violation of the
provisions of this subsection, divulges
any such Information Bhall be guilty of
a misdemeanor.
Section 29. Every public utility shall
annuallv furnish to the commission at
such time and In such form as the
commission may r julre, a report in
which the utility shall specifically
answer all questions propounded by the
commission upon or concerning which
the commission may desire informa
tion.
Section 30. The Public Service Com
mission Is hereby vested with power
and Jurisdiction to supervise and regu
lato, but In no manner to manage or
operate, every public utility In the
state and to do all things, whether
herein, specifically designated or In ad
dition thereto, which are necessary and
convenient in the exercise of such
power and Jurisdiction. No commis
sion or other governmental agency of
any city, town or municipality shall
possess or have any Jurisdiction or
power over any public utility, subject
to the provisions of this act. In or
about any matter or thing within the
purview of this act.
Section 31. Whenever the commis
sion. after a hearing had its own
motion or upon complaint, shall find
that the rates, fares, tolls, rentals,
charges or classifications, or any of
them, demanded, observed, charged or
collected by any public utility for any
service or product or commodity, or in
connection therewith, including the
rates or fnres for excursion or com
mutation tickets, or that the rules or
regulations, or any of them, affecting
such rates, fares, tolls, rentals,
charges or classifications, or any of
them, are unjust, unreasonable, dis
criminatory or preferential, or In any
wise in violation of any provision of
law, or that such rates, fares, tolls,
rentals, charges or classifications are
insufficient, the commission shall de
termine the Jußt, reasonable or suffi
cient rates, fares, tolls, rentals,
charges, classifications, rules or regu
lations to be thereafter observed and
In force, and shall fix the same by or
der as hereinafter provided; provided,
that In the matter of fixing the rates
of a telephone, telegraph, heat, water,
power, electric light or gas company,
under any provision of this act, due
consideration shall be given to the
earnings, Investment and expenditures
of said company, ns a whole, within
this state, and as to rates In local ex
changes or offices or plants of any
telephone. telegraph, heat, water,
f'ower, electric light or gas company,
he geographical location thereof shall
as well be considered.
Section 32. Whenever the commis
sion. after a hearing had upon Its own
motion or upon complaint, shall find
that the rates, fares or charges In
force over two or more common car
riers, between any two points In this
state, are unjust, unreasonable or ex
cessive, or that no satisfactory through
route or Joint rate, fare or charge ex
ists between such points, and that the
public convenience and necessity de
mund the establishment of a through
route and Joint rate, faro or charge
between such points, the commission
may order such common carriers to
establish such through route and may
establish and fix a Joint rate, rate or
charge which will be fair, Just, reason
able and sufficient, to be followed,
charged, enforced, demanded and col
lected In the future, and the terms and
conditions under which such through
route shall be operated. The commis
sion may order that freight moving
between such points shall be carried
by the different common carriers, par
ties to such through route and Joint
rate, without being transferred from
tho originating cars. In case the com
mon carriers do not agree upon tho
division between them of the Joint
rnteß. fares or charges established by
tho commission over such through
route, the commission shall, after hear
ing, by supnlemental order, establish
such division: provided, that where
any railroad which Is made a party to
a through route has Itself over Its own
line an equally satisfactory through
route between the termini of tne
through route established, such rail
road shall have the right to require* as
Its division of tho Joint rate, fare or
charge. Its local rate, faro or charge
over the portion of Its lino comprised
in such through route, and the com
mission may, in its discretion, allow
to such railroad more than Its local
rate, fare, or charge whenever It will
be equitable so to do. The commission
shall have the power to establish and
fix through routes and joint rates,
fares or charges over common car
riers and stage or auto stage lines and
to fix the division of such Joint rates,
fares or charges.
Section 33. The commission shall
have power, after a hearing had upon
its own motion or upon complaint, by
general or special orders, rules or reg
ulations, or otherwise, to require every
common carrier to maintain and oper
ate its line, plant, system, equipment,
apparatus, tracks and premises in such
manner as to promote and safeguard
the health and safety of its employees,
passengers, customers, and the public,
and to this end to prescribe, among
other things, the installation, use,
maintenance and operation of appro
priate safety or other devices or ap
pliances, Including Interlocking and
other protective devices at grade
crossings or Junctions and block or
other systems of signalling, to estab
lish uniform or other standards of
equipment, and to require the perform
ance of any other act which the health
or safety of Its employees, nassengers.
customers or the public may demand.
Section 34. The commission shall In
vestigate the cause of all accidents oc
curring within this state upon the
property of any public utility or di
rectly or Indirectly arising from or
connected with Its maintenance or
operation, resulting In loss of lile or
injury to person or property and re
quiring, In the Judgment of the com
mission. Investigation by It, and snail
have the power to make such order or
recommendation with respect thereto
as in its judgment may seem just and
reasonable; provided, that neither the
order nor recommendation of the com
mission, nor any accident report filed
with the commission, shall be admitted
as evidence in any action for damages
based on or arising out of the loss
of life, or injury to person'or property.
In this section referred to. Every pub
lic utility Is hereby required to file
with the commission, under such rules
and regulations as the commission
may prescribe, a report of each acci
dent so occurring of such kinds or
classes as the commission may from
time to time designate.
Section 36. (a) The commission, sub
ject to the provisions of this act, shall
have power to provide by proper rules
and regulations the time within which
all railroad corporations ahall furnish,
after demand therefor, all cars, equip
ment and facilities necessary for the
handling of freight In carload and less
than carload lots, the time within
which consignors or persons ordering
cars shall loud the same, and the time
within which consignees or persons to
whom freight may be consigned shall
unload and discharge the same and re
ceive freight from the freight rooms,
and to provide penalties to be paid for
failure on the part of the railroad cor
porations, consignors and consignees to
conform to such rules. Charges for de
murrage shall be uniform so that the
same penalty shall be paid by both
shipper or consignee and railroad cor
poration for an equal number of cars
for each day for which demurrage Is
charged.
(b) The commission shall also have
the power to provide the time within
which express packages shall he re
ceived, gathered, transported and de
livered at destination, and the limits
within which express packages shall be
gathered and distributed.
Section 36. (a) The commission shall
have power, after hearing had upon Its
own motion or upon complaint, to as
certain and fix Just and reasonable
standards, classifications, regulations,
practices, measurements, or service to
be furnished. Imposed, observed and
followed by all electric light, gas and
water corporations; to ascertain and
fix ndequate and serviceable standards
for the measurement of quality, quan
tity, pressure, initial voltage or other
condition pertaining to the supply of
tho product, commodity or service fur
nished or rendered by any such public
utility: to prescribe reasonable regula
tions for the examination and testing
of such product, commodity or service
and for the measurement thereof; to
establish reasonable rules, regulations,
specifications and standards to secure
the accuracy of all meters and appli
ances for measurements; and to pro
vide for the examination and testing of
any and all appliances used for the
measurement or any product, commod
ity or service of any such public util
ity.
(b) The commissioners and their of
ficers and employees shall have power
to enter upon any premises occupied
by any such public utility, for the pur
pose 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 necessary
therefor. The agents and employees of
such public utility shall have the right
to be present at the making of such
examinations and tests.
Section 37. The commission shall
have power to ascertain the value of
the property of every public utility In
this state and every fact which in its
Judgment may or does have any bear
ing on such value. The commission
shall have power to make re-valuatlons
from time to time and to ascertain all
new construction, extensions and ad
ditions to the property of every public
utility.
Section 38. The commission shall
have power to establish a system of
accounts to be kept by the public util
ities subject to its jurisdiction, or to
classify said public utilities and to es
tablish a system of account for each
class, and to prescribe the manner in
which such accounts shall bq kept. The
system of accounts established by the
commission and the forms of accounts,
records and memoranda prescribed by
it shall not be inconsistent In the case
of corporations subject to the provi
sions of the act of congress entitled,
"An act to regulate commerce," ap
proved February fourth, eighteen hun
dred and eighty-seven and the acts
amendatory thereof and supplementary
thereto, with the systems ami forms
from time to time established for such
corporations by the interstate com
merce commission, but nothing herein
contained shall affect the power of the
commission to prescribe forms of ac
counts. records and memoranda cover
ing Information In addition to that re
quired by the interstate commerce
commission.
Section 39. The commission shall,
after hearing, require any or all pub
lic utilities Mo carry a proper and ade
quate depreciation account In accord
ance with such rules, regulations and
forms of account as the commission
may prescrlbo. The commission may,
from tiino to time, ascertain and de
termine and by order fix the proper
and adequate rates of depreciation of
the several classes of property of each
public utility, where those fixed by the
utility are not sufficiently large.
Each public utility shall conform- Its
depreciation accounts to the rates so
ascertained, determined and fixed, and ,
shall set inside the moneys provided for
out of earnings and carry the same In
a depreciation fund and expend such
fund only for such purposes and under
such rules and regulations, both as to
original expenditure and subsequent re
placement, as the commission may pro
scribe. The Income from Investments
of moneys In such fund shall likewise
be carried In such fund.
Section 40. (a) No street railroad
corporation, gas corporation, electrical
corporation, telephone corporation or
water corporation shall henceforth be
gin 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 having
first obtained from the commission n
certificate that tho present or future
public convenience dnd necessity re
quire or will require such construc
tion; provided, that this section shall
not be construed to require any such
corporation to secure such certificate
for an extension within any city and
county or cltv or town* within which
It shall have .theretofore lawfully com
menced operations, or for an exten
sion Into territory, either within or
without a city and county or city or
town, contiguous to its street railroad,
or line, plant or system, and not there
tofore served by a public utility of like
character, or for an extension within
or to territory already served by It.
necessary In the ordinary course of Its
business; and provided further, that If
any public utility. In constructing or
extending Its line, plant or system.
shall Interfere or be about to Interfere
with the phyelcal proDerty or operation
of the line, plant or system of any
other public utility already construct
ed. the commission, on complaint of the
public utility claiming to be injurious
ly 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 may seem Just and reasonable; and
provided further, that neither said
certificate, nor a franchise, license or
other consent shall be given or granted
>o an applying public utility for the
right to construct or operate a tele
phone, electric light, gas or street
railway plant of system or business In
any city, town, village or locality then
occupied by another such utlllt/. giv
ing like service, which is able, willing
and capable of serving said city, town,
village or locality under its then exist
ing plant or system, or as the same
may be extended or constructed.
(b) No public utility of a class spe
cified In subsection (a) hereof shall
henceforth exercise any right or priv
ilege under any franchise or permit
hereafter granted, or under any fran
chise or permit heretofore granted but
not heretofore actually exercised, or
the exercise of which has been sus
pended for more than one year, with
out first having obtained from the com
mission a certificate that public con
venience and necessity require the ex
ercise of such right or privilege; pro
vided, that when the commission shall
find, after hearing, that a public util
ity has heretofore begun actual con
struction work and Is prosecuting such
work, in good faith, uninterruptedly
and with reasonable diligence In pro
portion to the magnitude of the under
taking, under any franchise or permit
heretofore granted but not heretofore
actually exercised, such public utility
may proceed to the completion of such
work, and may, after such completion,
exercise such right or privilege; pro
vided. that nothing In this act con
tained shall prevent any utility from
exercising any right or privilege given
or granted by the constitution or gen
eral laws of the state of Colorado.
(c) Before any certificate may Issue,
under this section, a certified copy of
Its articles of Incorporation or char
ter. If the applicant be a corporation,
shall be filed In the office of the com
mission. The commission shall have
power, after hearing, to issue said cer
tificate, 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 exorcise only of said right
or privilege, and may attach to the
exercise or the right granted by said
certificate such terms anil conditions as
in Its Judgment the public convenience
and necessity may require. If a public
utility desires to exercise a right or
privilege under a franchise or permit
which It contemplates securing., but
which has not as yet been granted to
it, such public utility mav apply to
the commission for an order prelim
inary to the issue of the certificate.
The commission may thereupon make
an order declaring that It will there
after, unon application, under such
rules and regulations as It may pre
scribe. Issue the desired certificate,
upon such terms and conditions as it
may designate, after the public utility
has obtained the contemplated fran
chise or permit. Upon the presenta
tion to the commission of evidence sat
lsfactbry to it that such franchise or
permit has been secured by such public
utility, the commission shall thereupon
issue such certificate.
Section 41. Every public utility cor
poration shall have the right to pur
chase or otherwise acquire, and to take,
hold, own and control, any part or all
of the capital stock of any other public
utility engaged In the same general
business, organized or existing under
or by virtue of the laws of this state
or any other state, and doing business
in this state, or any other state or
territory, occtipled or about to be oc
cupied by such purchasing utility; pro
vided, however, that a utility may not
purchase the stocks or bonds of an
other utility engaged In a different
class of business.
Section 42. (a) A public utility may
issue stocks and stock certificates, and
bonds, notes and other evidences of
indebtedness payable at periods of
more than twelve months after the
date thereof, for the following pur
poses, and no others, namely, for the ac
quisition of property, or for the con
struction, completion, extension or Im
provement of Its facilities, plant, sys
tem and instrumentalities, 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 ex
pended from Income or from any other
moneys In the treasurey of the public
utility not secured by or obtained from
the Issue of stocks or stock certificates,
or bonds, notes or other evidences or
Indebtedness of such public utility,
within five years next prior to the fil
ing of an application with the com
mission for the required authorization,
for any of the aforesaid purposes ex
cept maintenance of service and re
placements, in cases where the appli
cant shall have kept Its account and
vouchers for such expenditures In such
manner as to enable the commission to
ascertain the amount of moheys so ex
pended and the purposes for which
such expenditure was made; provided,
that such public utility. In addition to
the other requirements of law. shall
first have secured from the commis
sion an order authorizing such Issue,
and stating the amount thereof and the
purpose or purposes to which tho Is
sue or the proceeds thereof are to be
applied, and that. In the opinion of the
commission, the money, property or la
bor 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 In
debtedness 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 Issue such order, the
commission may hold a hearing, and
may make such additional Inquiry or
Investigation, and examine such wit
nesses, 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 Indebtedness In the
amount applied for, or In a 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 com
mission may authorize Issues of bonds,
notes or other evidences of Indebted
ness, less than, equivalent to or greater
than the authorized or subscribed cap
ital stock of a public utility corpora
tion. No public utility shall, without
the consent of the commission, apply
the Issue of any stock or stock cer
tificate. or bond, note or other evi
dence of Indebtedness, or any part
thereof, or any proceeds thereof, to
any purpose not specified In the com
unlssion's order, or to any purpose spe
cified In the commission's order In ex
cess of the amount authorized for such
purpose, ,or issue or dispose of the
same on anv 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 dato of Issuance of the same,
without the consent of the commission’
but no such note shall. In whole or In’
part, be refuncted 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. The com
mission shall have no power to author
ize the capitalization of the right to be
a corporation.
0>) The commission shall have the
power to require public utilities to ac
count for the disposition of the pro
ceeds of all sales of stocks nnd stock
certificates. and bonds. notes and
other evidences of indebtedness, in
such form and detail as It may deem
advisable, and to establish such rules
and regulations as it may deem rea
sonable and necessary to Insure the
disposition of such proceeds for the
purpose or purposes specified In its or
der.
(c) Except as in this act provided all
stock and every stock certificate, and
every bond, note or other evidence of
Indebtedness, of a public utility. Issued
without «n order of the commission
authorizing the same then In effect
i shall be void, and likewise all stock
and every stock certificate, and every
bond, note or other evidence of In
debtedness. of a public utility, issued
with the authorization of the commis
sion, but not conforming in its pro
visions to the provisions. If any. which
It Is required by the order of author
ization 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 au
thorization of the commission shall
render void any stock or stock certifi
cate, or any bond, note or other evi
dence of Indebtedness, except as to a
corporation or person taking the same
otherwise than In good faith and for
value and wlthdut actual notice.
(d) Every public utility which di
rectly or indirectly, Issues or causes
to be Issued, any stock or stock cer
tificate, or bond, note or other evi
dence of indebtedness, except as pro
vided In this act. In non-conformity
with the lawful order of the commis
sion authorizing the same, and con
trary to the provisions of this act, and
of the constitution or laws 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 pro
vided! or as allowed by law, or to any
purpose specified In the* commission's
order In excess of the amount In said
order authorized for such purpose, is
subject to a penalty of not less than
five hundred dollars nor more than
twenty thousand dollars for each of
fense.
(e) Every officer, or employee
of a public utility and every other per
son who knowingly authorizes, directs,
aids in. issues or executes or causes
to be issued or executed, any stock or
stock certificate, or bond, note or other
evidence of indebtedness, except an
provided In this act. in non-conformity
with the lawful order of the commis
sion authorizing the same, and con
trary to the provisions of this act and
of the constitution or laws of this
state, or who. In any proceeding before
the commission, knowingly makes any
false statement or representation or
with knowledge of Its falsity files or
causes to be filed with the commission
any false statement or representation,
which said statement or representa
tion so made, filed or caused to be filed
may tend in any way to Influence the
commission to make an order authoriz
ing the Issue of any stock or stock cer
tificate, or any bond, note or other evi
dence of Indebtedness, or which re
sults 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
tho commission, in any proceeding,
tending In any way to influence tho
commission to make such order. Issues
or executes or negotiates, or causes to
be Issued, executed or negotiated any
such stock or stock certificate or bond,
note or other evidence of Indebtedness,
or who, directly or Indirectly, knowing
ly applies or causes or assists to be
applied the proceeds of any part there
of from the sale of any stock or stock
certificate, or bond, note or other evl
dence of Indebtedness, to any purpose
not specified In the commission’s lawful
order, or allowed by law, or to any
purpose specified In the commission's
order, In excess of the amount author
ized for such purpose, or who, with
knowledge that any stock or stock cer
tificate, or bond, note or other evi
dence of Indebtedness, 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.
(f) No provision of this act. and no
deed or act done or performed under or
In connection therewith, shall be held
or construed to obligate the state of
Colorado to pay or guarantee In any
manner whatsoever, any stock or stock
certificate, or bond, note or other evi
dence of Indebtedness, authorized, Is
sued or executed under the provisions
of this act.
(g) Except as otherwise provided in
this act. all stocks and stock certifi
cates, and bonds, notes and other evi
dences of Indebtedness Issued by any
public utility after this act takes ef
fect. upon the authority of any articles
of Incorporation or amendments there
to or vote of the stockholders or direc
tors filed, taken or had. or other pro
ceedings taken or had, previous to the
taking effect of this act, shall be void,
unless an order of the commission au
thorizing 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; provided, that
utility corporations now having au
thorized capital stock unsold may sell
or otherwise dispose of same at not
less than par when authorized bv ar
ticles of incorporation or by-laws or
laws of the state of Colorado, without
the consent of tho commission. The
commission may In all proper cases
hereunder by Its order Impose such
condition or conditions as It may deem
reasonable and necessary.
Section 43. All hearings and Investi
gations before the commission or any
commissioner shall be governed by this
act and by rules of practice and pro
cedure to be adopted by the commis
sion and In the conduct thereof neither
the commission or any commissioner
shall be bound by tho technical rules
of evidence. No formality in any pro
ceeding or In the manner of taking
testimony before the commission or
any commissioner shall Invalidate any
order, decision, rule or regulation made,
approved or confirmed by the commis
sion.
Section 44. Tho commission and
each commissioner shall have power to
Issue writs of summons, subpeenas and
warrants of attachment In the like
manner and to the same extent as
courts of record. Tho process issued
by the commission. - or any commis
sioner, shall extend to all parts of the
state and may be served by any per
son authorized to serve process of
courts of record, or by any person des
ignated for that purpose by the com
mission or a commissioner. The per
son executing any such process, shall
receive such compensation as inay be
allowed by the commission, not to ex
ceed 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 45. (a) The commission and
each commissioner shall have power to
administer oaths, certify to all official
acts, and to Issue subpeenas for the at
tendance of witnesses and the produc
tion of papers, way bills, books, ac
counts, documents and testimony in
any Inquiry, investigation, hearing, or
proceeding In any part of the state.
Each witness who shall appear, by or
der of the commission or a commis
sioner, shall receive for his attendauce
the same fees and mileage allowed by
law to the witness In civil cases, which
amount shall be paid by the party at
whose request such witness is sub
poenaed, when any witness who has
not been required to attend at the re
quest of any party shall be subpoenaed
bv the commission, his fees and mile
age shall be paid from the funds ap
propriated for the use of the commis
sion In the same manner as other ex
penses of the commission are paid. Any
witness subpoenaed except one whose
fees and mileage may be paid from the
funds of the commission, may, at the
time of service, demand the fee to
which he is entitled for travel to and
from the place at which he Is required
to appear and one day's attendance. If
such witness demands such fees at the
time of service, and they are not at
that time paid or tendered, he shall
not be required to attend before the
commission or commissioner, as direct
ed In the subpoena. All fees or mile
age to which any witness Is entitled
under the provisions of this section
may be collected by action therefor
Instituted hy the person to whom such
fees are payable. No witness furnished
with free transportation shall receive
mileage for the distance he mav have
traveled on such free transportation.
(b) The district court In and for the
county, or city and county. In which
any Inaulry, investigation, hearing or
proceeding may be held by the com
mission or any commissioner shall have
the power to compel the attendance
of witnesses, the giving of testimony
nnd the production of papers. Including
way bills, books, accounts and docu
ment s. as required hy any subposnti
Issued by the commisslon'or any com
missioner.
The commission or the commissioner
before whom the testimony Is to be
given or produced, In case of the re
fusal of any witness to nttend or tes
tify or produce any papers required by