The Elbert County tribune., 1912-10-25

bond, note or other e'luSlfe ot IN
with the authorization OF the sarnnis-
sion, but not conforming In Its pro-
X yisiS1s s rsd1Irea 10 raf By the order OF
ization OF the commission 70 conteln.
shall be void but 10 eompiy n9 talur With hs
terms or conditions of the oraer OF au-
thorization OF the commission snsil
cate or any bond, note or other evil
dence OF Indebtedness. except as to I.
otherwise than in good faith and fot
value and without actual notice
Sd Every Re6tIiis pslsy issues wn'ea or eause
tificate. or bond, note or other evil
yided in this act. In non-coDformitN
with the lawful order of the commits
sion authorizing the same ano ant con, a1a
Of the constitution or laws OF this
state, or which applies the proceeas
thereon. there to any purpose other than the
purpose or purposes specitied IN tho
commission.s ds5 ordeF ,1 as lave nereih or to any
purpose specified In the commissions
order in excess of the amount IN SAID
subject to a penalty OF not less than
five hundred dollars nor more thah
twenty thousand dollars for each Of
feS Every officer. aeent or employee
of public utility and every other per
aids in, issues or executes or causes
to be issued or executed, any STOCK OF
st9ee u3Sence cef'i5ead of indebtedness. except as
provided In this act, In nom conformity
with the lawful order of the commits
trarv to the provisions of this act and
of the constitution or laws OF ms
state, or Who In ,s,y any prodeedlnf makes 9e any
With With knowiedge of It's faisity files or
any false statement or representation.
which said statement or representa-
may tend In any way to influence the
commission to make an order authoriz-
ing the issue of any, stock or stock Ger
tificate. or any, bond. note or other evil
dence of Indebtedness, or which re-
suits in procuring from the commission
the making of any such order, or who.
ment or representation was made to
the commission. in any proceeding.
commission to make such order. issues
or executes or negotiates, or causes TO
such stock or stock certificate or bond.
note or other evidence of indebtedness,
or who, directly or indirectly. knowing
applied the proceeds of any part there
of from the sale of any stock or stock
certificate, or bond, note or other evil
dence Of Indebtedness. to any purpose
not specified In the commissions lawful
order. or allowed by law. or to any
order in excess of the amount author
ICED for such purpose. or who, with
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 n. felony:
rs No provision of this act. and no
deed or act done or performed under or
In connection Herewith. shall be held
or construed to obligate the state OF
rxI@ H. 90 ~ o.
manner whatsoever. any stock or stock
certificate, or bond. note or other cyl
dence of Indebtedness. authorized. Is
sued or executed under the provisions
tg) Except as otherwise. provided in
this act all stocks and stock certift-
dences of indebtedness Issued by any
feet. 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.
thorizing the issue of such stocks or
stock certificates. or bonds, noteg or
other evidences OF indebtedness SHAH
sion prior to such issue: provided that
utility corporations now having au,
or otherwise dispose of same at not
less than par when authorized bv ar
ticles Of incorporation ,.t or bylaws a,,So0t or
the consent of the commission. The
commission, may In all proper cases
condition or conditions as 1t may deem
reasonable and necessary.
Section 43. All hearings and investi-
cations before the commission or any
commissioner shall be governed by thV
act and by rules of practice and pro
sion and in the conduct thereof neither
the commission or any commissioner
shall be bounS BY the techniea, nv rules nre
ceedng 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 commits
sion.
each commissioner shall have power to
issue writs OF summons. subpenas and
manner and to the same extent as
courts of record. The process issued
by the commission. or any commits
state and may be served by any per-
son authorized to serve process of
ignated for thai purpose BY the com
mission or commissioner. The per-
son executing any such process. shall
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 40. (a) The commission and
each commissioner shall have power to
administer oaths. certify to ali official
acts, and to issue subpnnas 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 commits
sioner, shall receive for his attendance
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
not been required to attend at the re-
quest OF any party shall be subpenaed
bv the commission, his fees and mile
age shall be paid from the funds ap-
propriated for the use of the commia-