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 complainant therefor, with interest from the date of collection, 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 time in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints 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 be filed in the court within one year from the date of the order of the commission. The remedy in this section provided shall be cumulative and in addition to any other remedy or remedies in this act provided in case of failure of a public utility to obey the order or decision of the commission. [L. '13, p. 502, § 56.]

5292-EEE. Enforcement of laws.

[This act referred.]

SEC. 57. It is hereby made the duty of the commission to see that the provisions of the constitution and statutes of this state affecting public utilities, the enforcement of which is not specifically vested in some officer or tribunal, are enforced and obeyed, and that violations 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 attorney of the proper county or city and county to aid in any investigation, hearing or trial had under the provisions of this act, and to institute and prosecute actions or proceedings for the enforcement of the provisions of the constitution and statutes of this State affecting public utilities and for the punishment of all violations thereof. [L. '13, p. 503, § 57.]

5292-FFF. Disobedience of order-Damages.

[This act referred.]

SEC. 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 done, either by the constitution, any law of this State or any order or decision of the commission, such public utility shall be liable to the persons or corporations affected thereby for all loss, damages or injury caused thereby or resulting therefrom, and if the court shall find that the act or omis-. sion was wilful, the court may in addition to the actual damages award damages for the sake of example 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 per

son.

(b) No recovery as in this section provided shall in any manner affect the recovery by the State of the penalties in this act provided or the exercise by the commission of its power to punish for contempt. [L. '13, p. 503, § 58.]

5292-GGG. Penalties cumulative-No bar to prosecution. [This act referred.]

SEC. 59. (a) This act shall not have the effect to release or waive any right of action by the state, the commission, or any person or corporation for any right, penalty or forfeiture which may have arisen or accrued or may hereafter arise or accrue under any law of this State.

(b) All penalties accruing under this act shall be cumulative of each other, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility, or any officer, director, agent or employee thereof, or any other corporation or person, or be a bar to the exercise by the commission of its power to punish for contempt. [L. '13, p. 503, § 59.] 5292-HHH. Violations enjoined-Procedure-Appeal.

[This act referred.]

SEC. 60. Whenever the commission shall be of the opinion that any public utility is failing or omitting to do anything required of it by law, or by any order, decision, rule, direction or requirement of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done contrary to or in violation of law or of any order, decision, 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 Colorado, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus 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 relief by way of mandamus or injunction. It shall thereupon be the duty of the court to specify a time, not exceeding 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 the facts and circumstances of the case, Such corporations or per

sons as the court may deem necessary or proper to be joined as parties, in order to make its judgment, 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 permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. An appeal may be taken to the supreme court from such final judgment in the same manner and with the same effect, subject to the provisions of this act, as appeals are taken from judgments of the district court in other actions for mandamus or injunction. [L. '13, p. 504, § 60.] 5292-III. Violations-Distinct offenses-Acts of agents or employes-Penalties.

[This act referred.]

SEC. 61. (a) Any public utility which violates or fails to comply with any provision of the constitution of this State or of this act, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, 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 public utility, is subject to a penalty of not more than two thousand dollars for each and every offense.

(b) Every violation of the provisions of this act or of any order, decision, decree, rule, direction, demand or requirement 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 offense, and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate 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 employment, shall in every case be and be deemed to be the act, omission or failure of such public utility. [L. '13, p. 505, § 61.]

5292-JJJ. Agents and employes violating-Penalty.

[This act referred.]

SEC. 62. Every officer, agent or employee of any public utility, who violates or fails to 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 requirement or any part or provision thereof, of the commission, except an order for the payment of money, or who procures, aids or abets any public utility in its failure to obey, observe and comply with any such order, decision, rule, direction, demand or re

quirement, or any part or provision thereof in a case in which a penalty has not herein before been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment. [L. '13, p. 505, § 62.]

5292-KKK. Violations by other corporations-Penalty.

[This act referred.]

SEC. 63. 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 herein before been provided for such corporation or person is subject to a penalty of not more than two thousand dollars for each and every offense. [L. '13, p. 506, § 63.]

5292-LLL. Individuals violating-Penalty.

[This act referred.]

SEC. 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 procures, 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 herein before been provided for such person, is guilty of a misdemeanor and is punishable 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. [L. '13. p. 506, § 64.]

5292-MMM. Actions for penalties Fines paid into fund. [This act referred.]

SEC. 65. Actions to recover penalties under 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 complained 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 judgment by the attorney of the commission. In any such action, all penalties incurred up to the time of commencing 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 the State

in any such action, together with the costs thereof, shall be paid into the state treasury to the credit of The Public Utility Commission Fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order. [L. '13, p. 506, § 65.]

5292-NNN. Contempt act not affect railroad commission

cases.

[This act referred.]

SEC. 66. (a) Every public utility, corporation or person which shall fail to observe, obey or comply with any order, decision, rule, direction, demand or requirement, or any part or portion thereof, of the commission or any commissioner, except an order for the payment of money, shall be in contempt of the commission, and shall be 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 action shall not be a bar to or affect any other remedy prescribed in this act, but shall be cumulative and in addition to such other remedy or remedies.

(b) This act shall not affect pending actions or proceedings brought by or against the people of the State of Colorado or the Railroad Commission, or by any other person or corporation under the provisions of chapter 5 of the laws of 1910, but the same may be 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 proceedings heretofore taken by the Railroad Commission in any such investigation, hearing or examination are hereby ratified, approved, validated and confirmed and all such proceedings 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 1910 shall abate by reason of the passage of this act, whether a suit or action has been instituted thereon at the time of taking effect of this act or not, but actions may be brought upon such causes in 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 heretofore made, issued or promulgated by the Railroad Commission shall continue in force and have the same effect as though they had been lawfully made, issued or promulgated under the provisions of this act. [L. '13, p. 507, § 66.]