The Elbert County tribune., 1912-11-01

~ the line plant or system of any
other public utility already. constrnct-
ed the commission, on complaint OF the
pubiic utility claiming 10 be Injurious
iy affected, may. after hearing, MAX
such order and prescribe sucn lerihs TILE
lines, plants or systems affected as to
IL may seem just and reasonaple' an9
provided further. that newer iicanse aT or
other consent shall be given or granted
to an applying public utility ior ~ lne
phone. ris 70 eieetric ee light, gas or street
railway plant of system or business ~ II
any city. town. village or iocaiity men M.
ing like service, which is able, wiling
and capable of serving said CITY town'
village or locality under its then exist.
may be extended constructed.
Cb) No public utility of class spe1,
eified In s~ubsection ~ "a ga 'r,psf or priv-
iIege under any franchise or permit
hereafter granted. or under any Iran,
not heretofore actually exercised. or
the exercise of which has been sus-
pended for more than one year. Win WIN
mission a certificate that pubic con-
venience and necessity require the ex-
vIded, that when the commission shall
find, after hearing, that pupile utn-
ity has heretofore begun actual con- con-
struction work and Is prosecuting suGn
and with Reasonable diligence in pro-
portion to the magnitude OF the unuer.
heretofore granted but not heretoiore
actually exercised such public utillty
may proceed to the compietion OF snch @
work and may. after such completion,
exercise such right or privilege; pro-
vided. that nothing In this act con-
tanned shall prevent any utility from
exercising any right or privilege given
or granted by the constitution or gem
eral laws of the state of Colorado.
under this section, a certified copy OF
its articles of incorporation or char
ter II the applicant dse,cs 5e op tSs conn
mission, The commission shall have
power after hearing, to issue said Ger
tificate as PRAYED for ,su or TO II refo foT the
construction Of portion only of the
contemplated street railroad, line, plant
the partial exercise only of said right
or privilege. and may attach to the
exercise of the right granted by sald
certificate such terms and conditions as
in it's Judgment the public convenience
and necessity may require. II a pubic
utility desires to exercise exercise. a ~ rignt grr,jt or
which It contemplates securing, put
which has not as yet been granted 70
the commission for an order prellm-
mary to the issue of the certificate
The commission may thereupon make
after, upon application, under such
rules and regulations as 1t may pre-
scribe. Issue the desired certificate.
upon such terms and conditions as II
may designate. after the public utility
has obtained the contemplated fran
chise or permit; Upon ~ tne e,dence presensa sst-
isfactory to 1t that such franchise, or
permit has been secured by such public
ut tility, the commission shall thereupon
Issue such certificate.
Section Al. Every public utility cor
poration shall have the right to pur-
chase or otherwise acquire, and to take,
hold. own and control. any part or al
of the capital stock Of any other public
utility engaged In the same general
or by virtue of the laws of this state
or any other state, and doing business
in this state, or any other state or
cupied by such purchasing utility; pro-
vided however, that utility may not
purchase. the stocks or bonds Of an.
other utility engaged In a different
class of business.
Section AZ. (a) A public utility may
issue stocks and stock certificates, and
6ohdst indebt tedness ness payabie @ s at periods Of
more than twelve months after the
date thereof, for the following pur-
poses, and no others. namely. for the ac-
QUESTION of property. or for the con-
struction, completion, extension or I'M
provement Of Its faciiities. plant, sys.
Improvement or maintenance OF Its
service. or for the discharge or lawful
refunQinE OF It's ODllBdliOUSs VI iOI thc
REIN bursement of moneys actually ex-
pended from income or from any other
moneys In the treasurey of the public
the issue of stocks CIR stock certificates.
or bonds, notes or other evidences OF
indebtedness of such public utility,
within five years next prior to the I'LL
ing Of an application with the COM
mission for the required authorization,
for any of the aforesaid purposes ex-
cept maintenance of service and re-
placements, In cases where the appli-
cant shall have kept Its account and
vouchers for such & expeendioures, pen ,sio IN sutn n
ascertain the amount of moneys sc. ex-
pended and the purposes, for which
such expenditure was made. provided.
that such public utility. in addition to
the other requirements of law, shall
first have secured from the commits
sion an order authorizing such issue.
and stating the amount thereof and the
purpose or purposes to which the Is
sue or the proceeds thereof are TO be
commission. the money. property or la
bor to be procured or paid for by such
issue is reasonably required for the
order, and that, except as otherwise
permitted in the order in the case of
bonds, notes or other evidences of in
debtedness such purpose or purposes
are not. in whole or in part, reasonably
charged able to operating expenses or to
whether 1t will issue such order, the
commission may hold a hearing. and
may make such additional Inquiry or
Investigation, and examine such wit
nesses. books. papers, documents and
Contracts and require the filing of such
data as 1t 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 lesser
amount, or not at all, and may attach
to the exercise of it's 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 a public utility corpora
tion. 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 evi-
dencc of Indebtedness. or any part
any purpose not specified In the COM
MISSIONS order, or to any purpose spe-