The Monte Vista journal., 1912-11-02

W W. ~, the physical property or operation
OF the line. plant or system of any
other public utility already Construct.
nnh Inc commission, on complaint OF the
~ LII. ~ u.llity claiming to be Injurious
~ ailecIed, may. after hearing. make
suGh order and prescribe such terms
i una conditions for the location OF the
iihes, plants or systems affected as 70
II may seem just and reasonable. AMI
PROVIDED further. that neither said
otb t,r'ca.e. nor a franchise. license or
TO an applying public utility for the
right to construct or operate a teIe-
phone, electric light. gas or street
railway plant of system or business In
occupied by another such utility. Civ
ing IKE service. which is able willing
a ,.i,1, capable of serving said city. town.
vllIage or locality under It's then exist
ing plant or system. or as the same
may be extended or constructed.
o,0o1 No public utility of a class spe-
cried In subsection (a) hereof shall
henceforth exercise any right or priv
iiiege under any, franchise or permit
hereafter granted. or under any fran
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 ilrst having obtained from the COM
mission a certificate that public con-
venience and necessity require the ex-
e efGnS or such right or privilege; pro;
vlded, that when the commission shall
lind, after hearing, that a public util-
ity has heretofore begun actual con-
struction work and is prosecuting such
work, In good faith. uninterruDtedly
and with reasonable diligence In pro-
portion to the magnitude of the under
taxing, under any franchise or permit
heretofore granted but not heretofore
actually exercised, such public utility
may proceed to the completion of such
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.
(c) Before any certificate may issue,
under this section. certified copy of
Its articles of Incorporation or char
ter. If the applicant be corporation,
shall be filed in the office of the COM
mission. The commission shall have
power, after hearing. to Issue said GER
issue the same. or to Issue II for the
construction of q portion only of the
contemplated street railroad. line, plant
or system, or extension thereof. or for
the partial exercise only of said right
or privilege, and may attach to the
exercise of the right granted by said
certificate such terms and conditions IS
in It's judgment the public convenience
and necessity may require. II a public
utility desires to exercise right or
privilege under a franchise or permit
which has not as yet been granted to
It, such public utility may apply to
the commission IOr an OTQer prellrn-
mary to the issue of the certificate
The commission may thereupon make
| an order declaring that 1t will there
after. upon application. under such
| scribe. Issue the desired certificate.
| upon such terms and conditions as 1t
| may designate, after the public utility
has obtained the contemplated fran
chise or permit. Upon the presenta-
ton to the commission. Of evidence sat
| isfactory to 1t that such franchise or
l., 10 rn1 HtrS oh h IL
| 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,
! hold, own and control. any part or all
of the capital stock of any other public
utility engaged in the same general
| business, organized or existing under
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 a utility may not
| purchase the stocks or bonds OF an
other utility engaged In a different
| class of business.
Section AZ. ta) A public utility may
Issue stocks and stock certificates, and
| bonds, notes and other evidences OF
Indebtedness payable at periods of
more than twelve months after the
| date thereof for the following pur-
poses. and no others. namely. for the &C
struction, completion. extension or i'm
proyement of its facilities, plant, sys-
tenn and instrumentalities. or Tor the
improvement or ths m d1snberre or lawful
refunding of its obligations. or for the
reimbursement of moneys actually e1-
pended from income or from any other
moneys in the treasurey OF the pubic
utility not secured by or obtained from
the Issue of stocks or stock certificates,
or bonds. notes or other evidences OF
l "
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 e&-
cent maintenance of service and re-
placements, in cases where the appli.
cant shall have kept It's account ana
vouchers for such expenditures IN sut 10
ascertain the amount of moneys so ex-
pended and the purposes Tor whlch
such expenditure was MADE; pr0videu
the other requirements of law. shall
first have secured from the conmls-
sion an order authorizing such ISSUE,
and stating the amount thereoi ana the
nurpose or purposes to which the Is
sue or the proceeds Thereon are 70 pc
applied and that. In the opinion OF the
hor to be procured or paid for by such
issue is reasonably required Tor the
purpose or purposes SPECIFIED IN the
order. and that, except as otherwise
Darmitted in the order In the case OF
bonds, notes or. other evidences OF In.
debt edness such purpose or purposes
are not, in whole or In part. reasonably
ehargeabie to operating expenses or to
income. To enable 1t to determine
cwnmmIssion may hold a hearing and
NAV make such additional inquiry or
Investigation. and examine such witi
Masses books papers, DOCUMENTS ana
.e59ra,c,s and require the filing OF such
dota as IL may deem of assistance. The
Commission may by It's order grant
nermissIon for the Issue OF such stocks
~ stncif certificates, or bonds, notes or
other evidences OF Indebtedness In the
V,ll'I ..rlInd fnr In u leAkNr