Gilpin observer., 1912-10-31

Z snail interfere or be about to interfere
with the physical property or operation
other public Utility already eonstruet.
ed, the commission. I1 on compliant Of the
| ly affected, may. after hearing. make
such order and prescribe such terms
! lines, plants or systems affected as to
1t may seem just and reasonable: and
provided further. that neither said
other consent shall be given or granted
% to an applying public utility for the
to rS oPssats
any city. town. village or locality then
Ing like service. which is able, willing
and capable of serving said city, town.
village or locality under Its then exist
may be extended or const ructed.
OBJ No public utility of a class spe..
eified In subsection (a) hereof shall
| ilege under any franchise or permit
hereafter granted. or under any fran
' 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-
sI srsiss Of, Of such right or prlyiege; pro;
find. after hearing. that a public util-
ity has heretofore begun actual con-
work. in good faith. uninterruptediy
and with reasonable diligence in pro-
portion to the magnitude Of the under.
heretofore granted but not heretofore
actually exercised, such public utility
may proceed to the completion of such
exercise such right or privilege; pro
vided; that nothing in this act con-
| exercising any right or privilege given
or granted by the constitution or gem
RssoD of the ssats of issue
under this section. certified copy of
its articles of incorporation or char
shall be filed in the office OF the COM
mission. The commission shall have
power, after hearing. to issue said Ger,
Issue the same. or to issue It for the
construction of portion only of the
or system. or extension thereof or for
the part ial exercise only Of said right
or privilege. and may attach to the
certificate such terms and conditions as
in its judgment the public convenience
Utility desires to exercise a right or
privilege under franchise or permit
which 1t contemplates securing, but
it, such public utility may apply, to
the commission for an order prelim-
The commission may thereupon make
an order declaring that 1t will there
after. upon application. under such
scribe. issue the desired certificate.
upon such terms and conditions as IL
may designate, after the pnbiic, utility
chise or permit. Upon the, ,presenta-
tion to the commission of evidence sat
permit has been secured by such public
ut ility, the commi ission shall thereupon
issue such certificate.
poration shall have the right to .pur-
chase or otherwise acquire, and to take,
hold. own and control, any part part ,I or al
utility engaged in the same general
business. Organized or existing under
or any other st ate. and doing business
in this state. or any other state or
territory. occupied or about to be oc-
vided. however. that utility may not
purchase the stocks or bonds Of an
other utility engaged in different
Section AZ. ta) A public utility may
issue stocks and stock certificates. and
bonds. notes and other evidences OF
more than twelve months after the
date thereof, for the following pur-
S S1isition na of 70 propertya or for v the enc con-
struction, completion. extension or i'm
provement of its facilities, plant, sys-
tenn 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 OF
Indebtedness of such public utility.
ing of an application with the com
mission for the required authorization.
for any Of the aforesaid ] purposes poses ex-
placements in cases whore 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 moneys so ex-
pended and the purposes for which
that such public utility. in addition to
the other requirements of law. shall
first have secured from the commits
and stating the amount thereof and the
purpose or purposes to which the Is
sue or the proceeds thereof are to be
applied and that. in the opinion of the
commission. the money. property or la
Dor to be procured or paid for by such
purpose or purposes specified in the
order, and that, except as otherwise
permitted in the order in the case of
debtedness such purpose or purposes
are not, in whole or in part. reasonably
income. TO enable il to determine
whether II will issue such order. the
commission may hold hearing. and
investigation. and examine such wit
nesses, books. papers, documents and
contracts and require the filing OF such
data a s II 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 1t 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 public utility corpora
the consent of the commission, apply
the issue of any stock or stock GER
tificate. or bond note or other evil
dence OF Indebtedness. or any part
thereof, or any proceeds thereof, to
any purpose not specified In the COM
missions order, or to any purpose spe-
cif fied In the com m sslnn,s nrder iI, -