The Elbert County tribune., 1912-10-11

OF the line. plant or system OF any
other public utility already eonstrruGt. " ~.
public utility claiming to be in1urious-
iy affected. may. afer hearing, make
and conditions for the location of the
lines. plants or systems affected as t9
II may seem Just and reasonao.e' ia sha
certificate. nor a franchise, license or
other consent shall be given or grantsa
right to construct or operate tele-
phone, electric light. gas or street
railway plant of system or business IN
occupied by another such Utility. CIV
ing like service, which is able. willing
village or locality under its then exist
may be extended or Constructed.
(b) No public utility of class spe,,
Gifted In subsection ta) hereof shali
henceforth exercise any. right or PRIV
ilege under any franchise or Pernit
hereafter granted, or under any iran
chlse or permit heretofore granted but
not heretofore actually exercised, or
the exercise of which has been sus-
pended for more than one year, with
out first having obtained from the COM
mission certificate that puplle con-
venience and necessity require the ex-
ercise of such right or privilege; pro,
vided, that when the commission shai
find, after hearing, that a public utn-
struction work and is prosecuting sucn
work, in good faith, uninterrupted
portion to the magnitude of the under
taking. under any franchise or permit
heretofore granted but not hereton9re
actually exercised, such public utllity
may proceed TO the completion OF such
work, and may. after such completion,
exercise such right or privilege: pro-
tanned shall prevent any utility from
exercising any right or privilege given
erai laws OF the state of Colorado.
(c) Before any certificate may issue,
under this section, a certified copy OF
ter. II tho applicant be corporation,
shall be filed in the office of the com
power. after hearing, to issue said GER
tifichte. as prayed for. or to refuse to
issue the. same, or to issue II for the
contemplated street railroad, line. plant
or system. or extension thereof, or Tor
the partial exercise only o. said righs t
exercise OF the right granted by said
certificate such terms and conditions as
in its judgment the public convenienee
utility desires to exercise a right or
privilege under a franchise or permit
which II contemplates securing. but
which has not as yet been granted to
Il, such public utility may apply to
mary to the issue of the certificate.
The commission may thereupon make
an order declaring that 1t will there
rules and regulations as 1t may pre-
scribe. Issue the desired certificate,
upon such terms and conditions as IL
has obtained the contemplated fran
chlse or permit. Upon the. .presenta-
tion to the commission 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 Al. Every public utility cor
poration shall have the right to pur-
chase or otherwise acquire, and to take,
of the capital stock of any other public
utility engaged In the same general
business, organized or existing under
or any other state. and doing business
In this state. or any other state or
espied dsGr by Seeq sueh purcSasing % utility; pro-
vided, however. that utility may not
purchase the stocks or bonds OF an
other utility engaged in different
class of business.
Section AZ. (a) A public utility may
Issue stocks and stock certificates, and
bonds, notes and d.S1I other evidences evidences OF OF
more than twelve months after the
date thereof. for the following pur-
quisition of property. or for the con-
struction, completion. extension or Inn
provement OF Its facilities, plant. sys-
Improvement or maintenance of It's
service, or for the discharge or lawful
refundlng of it's obligations, or for the
pended from Income or from any other
moneys In the treasurey Of the public
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 aforesaid purposes ex
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
such expenditure was made; provided,
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
applied and that, in the opinion of the
commission. the money. property or la
Dor to be procured or paid for by such
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
income. To enable It to determine
whether It will issue such order, the
commission may hold hearing. and
may make such additional inquiry or
investigation. and examine such wit
nesses. books. papers, documents and
data as II 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
condition or conditions as it may deem
reasonable and necessary. The COM
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-
dence of Indebtedness, or any part
any purpose not specified in The CONF no
missions order, or to any purpose spe-
L. aIc.ic