Gilpin observer., 1912-10-24

shall interfere or be about to interfere
Of the ne Plant or system Ss Of an1
other public dtiiity already Construct
ed, the commission, on complaint of the
ly affected. may. after hearing. make
such order and prescribe such terms
and conditions for the location of the
lines, plants or systems affected as to
It may seem just and reasonable: ana
provided further. that neither said
osher 0s Shall be-
to an applying public utility For the
right to CONSTRUCT or operate a tele..
railway plant of system or business in
any city. town. village or locality then
occupied by another such utility, CIV
and capable of serving said city. town.
village or locality under Its then exist
s Ss or dsyastem ar tns
,Ibl No public utility OF a class spe.
cified in subsection (a) hereof shall
ilege under any franchise or permit
hereafter granted. or under any fran
chise or permit heretofore granted but
the exercise of which has been sus-
pended for more than one year. with
sl out first having @ obtained @ from hI, the com %
venience and necessity require the ex-
ercise Of such right or privilege; pro,
find. after hearing. that a public util-
ity hes heretofore begun actual con-
struction work and Is prosecuting such
and with Reasonable diligence in pro-
portion to the magnitude OF the under
taking; under any franchise ran MIS- S,,nr or permit
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-
tained shall prevent any utility from
or granted by the constitution or gen.
eraI laws of the state of Colorado.
tc) Before any certifieate may issue;
under this section, a certified copy OF
its articles of incorporation or char
ter. If the applicant be corporation.
mission The commission shall have
power after hearing, to issue said GER
tificate, as prayed for, or to refuse to
construction of portion only OF the
contemplated street railroad, line, plant
or system. or extension thereof; or for
exercise Of the right granted by said
in its Judgment the public convenience
and necessity may require. II public
utility desires to exercise right or
which 1t contemplates securing. but
which has not as yet been grantee TO
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 1t
may designate. after the public utility
has obtained the contemplated fran
tion to the commission of evidence sat
isfactory to 1t that such franchise or
permit has been secured by such public
utility, the commission shall thereupon
Issue such certificate.
Section Al. Every public utility cor
poration shall have the right to pur-
hold. own and control. any part or all
of the capital stock of any other public
utility engaged In the same same general general
or by virtue of the laws of this state
or any other state. and doing business
tn th1s stase oeepiea I any or be oe
cupied by such purchasing utility: pro-
vided. however. that utility may not
other utility engaged in different
class of business.
Section 42. ca publie ,t,tni utility may nay
bonds, notes and other evidences of
debtedness payable at periods OF
more than twelve months after the
poses, and no others, namely. for the ac-
quisition of property. or for the con-
structio completion, extension or I'M
TEN and instrumentalities, or for the
Improvement or maintenance of Its
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
within five years next prior to the I'LL
ing of an application with the com
for any of the aforesaid purposes ex-
cept maintenance of service and re-
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
such expenditure was made; provided.
that such public utility. in addition to
first have secured from the commits
sion an order authorizing such issue.
and stating the amount thereof and the
sue or the proceeds thereof are to be
applied. and that. In the opinion of the
commission. the money. property or la
issue Is reasonably required for the
purpose or purposes specified In the
rttsd 0rqeri eha in 'fh tbc erdeE in the case of
bonds notes or other evidences of in
debtedness such purpose or purposes
are not. in whole or In part. reasonably
chargeabie to operating expenses or to
income. To enable 1t to determine
whether 1t will issue such order. the
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 n lesser
amount, or not at all, and may attach
to the exercise OF its permission such
condition or conditions as 1t may deem
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 evil
thereof, or any proceeds thereof. to
any purpose not specified in the COM
missions order. or to any purpose spe-
cified in the commiss Ions order in ex-