The Greeley tribune., 1912-10-17

with the physical property or operation
<of the line plant or .ssv system M, o. y run any
ed. tho commission. on complaint OF the
public utility claiming to be INJURIOUS
such order and prescribe such terms
and conditions for the location OF tho
lines. plants or systems affected as 70
II may seem Just and reasonable: ana
provided further. that neither said
cert ificate. nor a franchise. license or
ether snpYinE sh1 publc III n,ty FOR the
right to construct or operate teis.
phone. electric light. gas or street
any nwaE city. p., town. viiiass or locality then
occupied by another such utiiity. CIV
ing like service, which la is so,s, t;v Wiling nwn
village or locality under Its then exist
Ing plant or system. or =. the same
"'aS *, N No nH public utility OF a class .pe:
cified in subsection (a) hereof shall
henceforth exercise any right or prx PLY,
hereafter granted. or under any fran.
chise or permit heretofore grantea out
not heretofore actually sxefS,sed, hssr susr or
pended for more than one year. Win
out first having obtained from the COM
%esieoee miss,o .nd nseessity % require the sx-
ercise of such right or prlvtlege: pro,
vided, that when tho commission shall
ity ii. has heretofore begun actual con.
struetion work and & is pro,scusinE sIGn sain
work IL good faith, nn,nssrrnp'nqey az nro.
taking. under any. franchise or permit
ncrss9rors s.ereiseS s"ch public Utility
may proceed to the compilation OF such
work. and may. after such temptation.
vided. that nothing in thi: act con.
talned shall prevent any utility from from
any rig 5sns or or s.sn s.n
erai laws of the state of Colorado.
(c> Before any certificats may .Y ls,uS,
Tndss ts sr,iee. ieis Of incorporssion or
shan % be flied Ia the office Of the com.
tificsts, a. prayed tor. or 10 refuse TO
issue the same, or TO issue II fos sns sns
contemplated street railroad. lire. plant
or system. or extension thereof or 40, 70,
the partial s1sreis: a % only st.ch 81 sa'd 10 the
exercise of the r,sht sr.nted ~ said
certificate such terms and conditions a.
.nd IN i: nssss,sts sSasmsns MAY require. pubie
uaiiity desires to exercise . right or
privilege under q franchise or permit
which has not as yet been granted 20
It. such public utility may apply to
the eomn'is.ion for - an ,Ss ordse sertpIf,e.se pf,s
an n. order decisrine that II WIN there
after Spon n..PPs,ien. sPp'iien.'on: may "s" pre
scribe. i1sus the desired eertificstss:;
upon such terms and conditions As Y
n.s may osssin.a SssEnss' the % eonssmp'sssd tr.n-
chiss or permit. Upon the presente-
tion to the commission Of evidence sat
prrmit has been secured by such public
Ut tility. tie commission shall thereupon
issue such certificate.
.os:ssa .n. a. fs:ss S.s: HSsi r.. 1.S sss'
hold. own and control. any par. or Al
utility engaged In the same general
business, organi.sd or existing under
or by virtue Of the laws Of I'M. S.s.e
territory. occupied or about 70 be oe-
ssRsd y :Ssa psns. ny Sx may no,
ouaesllit oosher Unity snssxsi in . different
class OF business.
issue Ses'.Sn ssocts M ana stock csrtiiieatss. and
indsbiedness payable At perilods of Of
Sss. %Sss thereof. dSas for the ieiio.ins par-
poses. and no others. nAnsiy. for the ac-
Su.sitison ION oa aomp1ssion. sa,ension or I'M
provsmsnt Of Its faciiittss. plant. sys-
tenn and instrumsntalities. or for the
servics, % or for the iischarge or lawful
refunSlnx Of its obligations. or for tho
reim hursement 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 sdsnnea Ssfsmlca'sf
within five years next prior to the III
Ing Of an s.anir.d .uthorixasion nf
for any OF the aforesaid psrposes ex-
cept n,aintsnancs of service and re-
placemsnts' In sAses ssn, Insrs ,,s seeonn, n and
vouchers for such expenditures IN such
manner as TO enable the commission 70
nended and the purposes Tor which
such expenditure VA. made: provided, s,
that such public utility. In addltion TO
first t have secured from the commits
sion an order authortsinE such issue,
and st ating the amount thereof and the
sue or the proceeds thereof are to be
applied and that. In the opinion OF the
commission ths money; yr psoPertgg Per g or .sn ,a
issue 10 reasonably required for the
purpose o. purpose sPes,fied, ,bsr IN r,ss ins
bonds, notes or other evidences OF In
debt edaess ouch purpose or purposes
ss: sss q ope1s.ns 9s
income. To enable Il TO deter desermins
NAV make such additional inquiry or
Investigation. and examine such wit.
nessss. books. papers, documents and
data as Il may deem Of assistance. The
Commission may by Its order grant
permission for the Issue Of such stocks
other evidences Of indebtedness In the
amount applied for. or in lesser
amount. or not at all. and may attach
condition or conditions as II 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
tificats. or bond. note or other evi.