The Elbert County tribune., 1912-10-25

with the pQy8lcAl RIOptfiy VI ofe.
OF the line. plant or system OF any
other public utility already construct
ed the commission. on complaint OF tne
" affected. may, after hearing. make
such order and prescribe such terms
and conditions for the Location a OF a. 'fo fo
II may seem just and reasonapie' Az an
provided further. that neither sala
other consent shall be given or granted
to an applying public utility Tor NY tne
right to construct or operate street rese
railway plant OF system or business IN
any city. town, village or locality tneh
occupied by another such utility. CIV
ing like service. which Is able willing
and capable Of serving said city. town
village or locality under its then exist.
ing plant or system, or as the Same
may be extended or constructed.
(b) No public utility OF a class spe,
Gifted in subsection (a) hereot i snnn
hcnceforth exercise any right or prlt...
iIege under any franchise or permit
hereafter granted. or under any iran.
chIse or permit heretofore granted buI
the exercise of which has been sus-
pended for more than one year, VIII WIN
mission certificate that puDlic con
yenience and necessity require tne eN-
ercise Of such right or PRIVILEGE ,i pre-
find, after hearing, that public util-
ity has heretofore begun actual con-
struction work and Is prosecuting sn9n
and with Reasonable diligence in pro-
portion to the magnitude OF the unaer,
heretofore granted but not heretofore
actually exercised, such pubic utility
may proceed TO the completion OF ii suen
exercise such right or privilege' pro-
vlded, that nothing in this act CON
exercising any right or privilege given
or granted by the constitution or gem
eraI laws of the state of Colorado
under this section. a certified copy OF
its articles of incorporation or cnhr-
ter II the apPlicant ,ecs be cSrnosa.o CO tns com.
mission. The commission shall have
power. after hearing. to issue said GER
as PRAYED tor issue 9r 10 II for the
construction of n 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 ny sala
in its Judgment the public convenience
and necessity may require. II a public
privilege under a franchise or permit
whiN 1t contemplates securing. but
which has not as yet been granted to
the Commission for an order prelim-
mary to the issue of the certificate.
The commission may thereupon make
after. upon application. under such
rules and regulations as It may pre-
scribe issue the desired nd,t,ens dertificate, e
may designate. after the public utility
has obtained the contemplated fran
,n ehise - or th perm nomissipo OF Evidence sat-
isfactory to It that such franchise or
permit has been secured by such public
utility, the commission shall thereupon
Issue such certificate.
Section a: Every PUBLIC frs, ptility =, cor cor
chase or ea du ny ana BART TO or all
of the capital stock of any other pubic
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 gsd or bonds a,fferant Sf ant
class of business.
Section AZ. (a) A public utility may
Issue stocks and stock certificates. and
Indebtedness payable at periods of
more than twelve months after the
date thereof. for the folio following PUT
quisition of property. or for the con-
struction. completion. extension or i'm
provement of It's facilities, plant. sys-
tenn and instrumentalities, or for the
Improvement or maintenance of its
service, or for the discharge or lawful
Il
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
Indebtedness of such public utility.
ing of an application with the COM
mission for the required authorization.
for any Of the aiopesaia serJ,cs PespoSes and Te-
placements, In cases where the appli-
cant shall have kept Its account and
manner as to enable the commission to
ascertain the amount of moneys so ex-
pended and the purposes for which
that such public utility. in addition TO
the other requirements of law, shall
first have secured from the commits
and stating the amount thereof and the
purpose or purposes to which the Is
sue or the proceeds thereot are 70 ,i, pc
commission. the money. property or la
bor to be procured or paid for by such
purpose or purposes specified in the
order, and that. except as otherwise
permitted In the order In the case of
debtedness such purpose or purposes
are not in whole or in part. reasonably
chargeabie 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 a lesser
amount, or not at all, and may attach
to the exercise of its permission such
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 cab
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
dence of Indebtedness. or any part
any purpose not specified in the COM
missions order. or to any purpose spe-