Penalty for To what extent findings and orders are final. Petition for Irregularities waived by petition, Hearing Notice of hearing. Place of holding hearing. Right of parties to attend and be heard. Sec. 33. Any person who incites, encourages, or aids in any manner any employer to declare or continue a lockout, or any employee to go or continue on strike, contrary to the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.00), nor more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a term of not more than six months, or both such fine and imprisonment, in the discretion of the court. Sec. 34. The commission shall have full power and authority to hear and determine all questions within its jurisdiction, and its findings, award and order issued thereon shall be final, except as in this act provided. Any person affected by any finding, order or award of the commission, may petition for a hearing on the reasonableness of any such finding, order or award. Such petition shall be verified, and shall specify the finding, order or award upon which a hearing is desired and every reason why such finding, order or award is considered unreasonable. The petitioner shall be deemed to have finally waived all objections to any irregularities and illegalities in the finding, order or award upon which a hearing is sought other than those set forth in the petition. All hearings of the commission shall be open to the public. Sec. 35. Upon the filing with the commission by any party in interest, of such petition, the commission shall fix a time for the hearing thereof, which shall not be more than forty days after the filing of such application. The commission shall cause reasonable notice of such hearing, embracing a general statement of such claim, to be given to each party interested, by service of such notice on him personally or by mailing a copy thereof to him at his last known postoffice address at least ten days before such hearing. Such hearing may be adjourned from time to time in the discretion of the commission, and hearings shall be held at such places as the commission may designate. Either party shall have the right to be present at any hearing, in person or by attorney, or any other agent, and to present such testimony as may be pertinent to the testimony. controversy before the commission, and shall have the right of cross-examination; Provided, That the commission may, with or without notice to either party, cause Ex parte testimony to be taken, or an inspection or investigation to be made; the testimony so taken shall be reported to the commission for its consideration upon final hearing. All ex parte testimony taken by the commission shall be reduced to writing and either party shall have opportunity to examine and rebut the same on final hearing. Upon such hearing, if it shall be found that the finding, order or award complained of is unreasonable, the commission shall substitute therefor such other finding, order or award as shall be just and reasonable, or may rescind such finding, order or award. Whenever at the time of the final determination upon such hearing it shall be found that further time is reasonably necessary for compliance with the finding, order or award of the commission, the commission shall grant such time as may be reasonably necessary for such compliance. When order or finding rescinded. modified or Extension comply with of time to order. and file findings Sec. 36. After final hearings by said commission, it Commission shall make and file (1) its findings upon all the facts shall make involved in the controversy, and (2) its award, which final shall state its determination as to the rights of the parties. and awards. Pending the hearing and determination of any contro- . versy before it, the commission shall have power to make such reasonable orders concerning the subject matter orders. thereof as may be necessary to give effect to the provisions of this act. The commission, on its own motion, on three days' notice to the parties interested, by mail or served per sonally, may modify or change its order, finding or award at any time within fifteen days from the date thereof, if it shall discover any mistake therein. Interlocutory Commission motion modify order or may of own award. Action in district court vacate order, to modify or etc. Sec. 37. Any person in interest being dissatisfied with any such finding, order or award of the commission issued or promulgated by virtue of the authority conferred in this act, may commence an action in the district court in and for the county wherein the injury was sus- action. tained or in the district court in and for the City and County of Denver against the commission as defendant to Venue of Precedence of action. No review in district court until after hearing by commission. modify or vacate the same on the ground that the same is unlawful, or unreasonable. All such actions shall have precedence over any civil cause of a different nature pending in such court, and the district court shall always be deemed open for the trial thereof, and the same shall be tried and determined by the district court as other civil actions.* Sec. 38. No action, proceeding or suit to set aside, vacate or amend any finding, order or award of the commission, or to enjoin the enforcement thereof, shall be brought unless the plaintiff shall have first applied to the commission for a hearing thereon as provided in this act, and unless such action, proceeding or suit shall have been commenced within 60 days after final decision by the action brought. commission; nor shall any injunction issue suspending or Within what time When injunction lies. Complaintcontents. Answer of commission. Return records, etc. Hearing. When new issues raised cause referred back to commission. staying any order of the commission except upon application of the district court or a judge thereof, notice to the commission and hearing thereon. In such action, a copy of the complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. The commission shall file its answer within twenty days after the service of the complaint. With its answer, the commission shall make return to said court of all documents and papers on file in the matter, and of all testimony which may have been taken therein, and of its order, finding and award. Such return of the commission when filed in the office of the clerk of the district court shall constitute a judgment roll in such action; and it shall not be necessary to settle a bill of exceptions in order to make such return part of the record of such court in such action. Said action may thereupon be brought on for hearing before said court upon such record by either party on ten days' notice to the other; Subject, however, To the provisions of law for a change of the place of trial or the calling in of another judge. Sec. 39. If upon trial of such action it shall appear that all issues arising in such action have not heretofore been presented to the commission in the petition filed as provided in this act, or that the commission has not theretofore had an ample opportunity to hear and determine any of the issues raised in such action, or has for any reason, not in fact heard and determined the issues raised, the court shall, before proceeding to render judgment, unless the parties to such action stipulate to the contrary, transmit to the commission a full statement of such issue or issues not adequately considered, and shall stay further proceedings in such action for fifteen days from the date of such transmission, and may thereafter grant such further stays as may be necessary. commission. Upon the receipt of such statement, the commission Rehearing by shall hear and consider the issues not theretofore heard and considered, and may alter, modify, amend or rescind its findings, order or award complained of in said action, and shall report its action thereon to said court within ten days from the receipt of the statement from the court commission. for further hearing and consideration. Report of to cover new report. The court shall thereupon order such amendment or Amendments other proceeding as may be necessary to raise the issues as presented by such modification of the finding, order or award as may have been made by the commission upon the hearing, if any such modification has in fact been made, and shall proceed with the trial of such action. Sec. 40. Upon such hearing, the court may confirm or set aside such order, but only upon one or more of the following grounds: (1) That the commission acted without or in excess of its powers. (2) That the finding, order or award was procured by fraud. (3) That the findings of fact by the commission do not support the order or award. (4) That the award does not do substantial justice to the parties. when court may set aside order of commission. When trial trict court. Any action commenced in court under this section to set aside or modify any finding, order or award of the had in discommission shall be brought to trial within thirty days after issue shall be joined, unless continued on order of the court for good cause shown. No continuance shall be for longer than thirty days at one time. Court Upon the trial of any such action the court shall disregard disregard any irregularity or error of the commission, immaterial irregularities. Record shall be transmitted to commission unless writ of error issues. Court may re- Abstract of judgment entered. Writ of error Cause advanced in supreme court. No bond. Clerk's fees. Costs. Attorney general or district attorney appear for commission. unless it be made to affirmatively appear that the claimant was damaged thereby. The record in any case shall be transmitted to the commission within twenty days after the order or judg ment of the court, unless, in the meantime, a writ of error addressed to the district court shall be obtained from the supreme court, for the review of such order or judgment. Upon the setting aside of any finding, order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings; or it may enter the proper judg ment upon the findings, as the nature of the case shall demand. An abstract of the judgment entered by the trial court upon the review of any order or award, shall be made by the clerk thereof upon the docket of said court, and a transcript of such abstract may be obtained as of any entry upon such docket. Sec. 41. The commission or any party aggrieved by a judgment entered upon the review of any such finding. order or award, may have questions of law only reviewed summarily by the supreme court by writ of error, as provided by law, and said cause shall be advanced upon the calendar of the supreme court, and a final decision rendered within sixty (60) days from date of issuance of the writ. It shall not be necessary for said commission or any party aggrieved by said action to execute, serve or file any undertaking in order to obtain such writ of error. Sec. 42. No fees shall be charged by the clerk of any court for the performance of any official service required by this act, except for the docketing of judgments, and for certified copies of transcripts thereof. In proceedings to review any finding, order or award, costs as between the parties shall be allowed, or not, in the discretion of the court, but no costs shall be taxed against said commission. In any action for the review of any finding. order or award, and upon any review thereof by the supreme court, it shall be the duty of the district attor ney of the county wherein said action is pending, or the Attorney General, if requested by the commission, to ap |