The Meeker herald., 1912-11-02

with the physical properly OF ope 80
S 81 s' pubic Utility .iresdy eonst,uss,.
cd, the commission, on compliant OF .he
public utility claiming to De inJurr nsre
such order and prescribe such terms
and conditions for the Location OF 're
lines. plants or systsms aIIecteu ava
provided further. that neitneI sA ~
Certificate. nor . franchise. llcense OF
other consent shall ,t De s,v tilit o. foT the
right to Construct or operate teIe.
phone. electric light. gas Or street e
rsilwsy Plant aMn OF yi sy or Locality then
occupied by another such utility. Nv
ing like service. which 10 able. Wilmns
village or locality under Its then exist
ing plant or System. or As the same
may be extended or constructsd.
c,t, eS i io p subaecsion ta5 hereof shall
heuceforth exercise any right or ply.
iIege under any franchise or PERM
chise or permit heretofore granted pu.
not heretofore actually exercised. or
the exercise of which has been LIZ, sus
out first having obtained from the com
mission . certificate that PUBLIC CON
venience and necessity require tne
vided. that when the commission shaii
find. after hearing. that a public nt on-
ity has heretofore begun actual s con
work, in good faith, uninterruptealy
and with Reasonable diligence In pro
portion to the magnitude OF the unu,t
heresoiore granted but not heretofore
actually exercised, sucn pupmc .mcb
may proceed to the completion OF s tnn
exercise such right or privilege; pro
vided. that nothing In thi, ,, act com con,
s:nsd ma. pr ,,.Ss or any Syr,g g sv S
or 1ranted by the constitution or gem
erai laws Of the state Of Coiorado: .,.
fe) Before any certificattse, a may son lssusf
its articles of incorporation or s cn
ter. II the applicant be eSrH ss na1n.
.h.il be filsS In the Gfioe 81 shaii have
sisiesf., . .s prayed for Or 70 refuse 70
issue the ssms or n to ssue only Of the
contemplated street railroad. ire, ple IN.
or system. or extension thereof, or ISt
the patel exercise sna onis .t ~ 10 he
exercise Of the right granted by said
certificate such terms and conditions as
in Il, jgdsm5sn, , tae ,spa %Gis II public
utiiity desires to exercise a right or
privilege under q franchise or permit
which has not as yet been granted to
it, such public utility may apply 70
the commission for an order prelim-
The commission may thereupon make
an order declaring that 1t will there
aftsr ueon appl,,cntion II nn %ay s nr.,
scribe. issue the desired certificate.
upon such terms and conditions as II
may designate. after the public utility
chise or permit. Upon the .presenta-
tion to the commission Of evidence sat
isfactory to II that such franshise or
permit has been secured by such public
II iIity. the commission shall thereupon
issue such certificate.
Section a. Every public utility cor
ISrssior sh hsy SECURE and to take
OF the capital stock Of any other PUBLIC
UTILITY @ t oh ..ssins unaer
or any other state. and doing bu.iness
t IL feps s' oeeapled or ABOUT to be oe-
vided, however, that . utility may not
other Unity engaged in = different
class of business.
gsstsn &: and Rus Hs, m nas
1noss's sSan ,wsiys month. after the
date thereof. for the following Tolls .an pus-
struction, completion. extension or Ina
ts% and inosrumsntaiities. Or Tor he
Improvement OF maintenance Of It:
service, or for the discharge or lawful
refnndins q. i's az moneva .etu.liy s1e
pended from income or from any other
moneys in the treasurcy Of the public
not q Of .soea
indebtedness OF such public utility.
N. IN f .n the
mission for the required authorization.
for any of the aforesaid purposes ex-
p pi In cases where the sppli-
cant shall have kept its account and
vouchers for such expenditures In such
ascertain the amount Of moneys SO ex-
pended and the purpose. ,aa. Tor r,o Which
the other Requirements Of law. shall
first have secured from the commis-
sion an order authorizing such issue.
purpose or purposes to which the is
sue or the proceeds thereof are to be
applied. and that. In the opinion Of the
issue 10 reasonably required for the
ns thar. :se.ps a tns
bonds. notes or other evidences OF in
II vsos p IL part
Income. To enable 1t to determine
commission may hold . hearing. and
may make such additional inquiry or
and examine such wit
nessss. books. papers; doSpments and
data a. It may deem of assistance. The
commi.sion may BY Its order rider grant
or stock certificates, or bonds. notes or
other evidences of indebtedness in the
amount, or mot at all. and may attach
to the exercise Of Its permission such
condition or conditions as 1t may deem
and necessary. The. COM
mission may aut i,s,s issues Of bonds,
ness. less than. equivalent to or greater
itai stock OF . public utility corpora
ton. No public utility shall. without
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-
cifisd in the commlssion's order in ex-