The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1913-03-06

the public. or any franchise or permit or
any right Hereunder, nor by any means
whatsoever, direct or indirect. merge or
consolidate its property. franchises or per-
mts or any part thereof with any other
public utility, without having first secured
from the commission an order authorizing
it so to do. Every such sale, lease. assign
ment. mortgage, disposition, encumbrance,
merger or consolidation made other than
in accordance with the order of the conf
mission authorizing the same shall be void.
The sale lease, assignment, mortgage or
other disposition or encumbrance of a
franchise or permit under this section shall
not be construed to revive or validate any
lapsed or invalid franchise or permit or to
enlarge or add to the powers or privileges
contained in the grant of any franchise or
permit or to waive any forfeiture Notnlng
to prevent the sale, lease or other disposf-
tion by any public utility of property which
is not necessary or useful in the perform
ancc of its duties to the public, and any
sale of Its property by such public utility
shall be conclusively presumed to have
been of property which is not necessary
or useful in the performance of its duties
to the public, as to any purchaser of such
property in good faith for value. Nothing
in this section shall apply to property,
franchises, permits or rights of any. utility
owned and operated exclusively outside this
state. No public utility shall hereafter
purchase or acquire. take or hold any part
OF the capital stock of any other public
utility organized or existing under or by
having been first authorized to do so by
the commission. Every assignment. trans
fer, contract or ag1 cement for assignment
or transfer OF any stock by or through
any person or corporation to any corpora
ton or otherwise in violation Of any of the
provisions Of this section shall be void and
Of no erect and ndo no such tan sn, shall t Pc
Nothing herein contained shall be con-
strued to prevent the holding of stock
heretofore lawfully acquired or to prevent
- - Ald - yNt1h-
lie utility which now owns majority of
the stock of such other utility.
PHYSICAL CONNECTIONS.
Section 80. Whenever the commission,
after a hearing had upon its own motion
or upon complaint. shall find that a physi-
cal connection can reasonably be made be-
tween the lines of two or more telephone
companies or two or more telegraph com
panies whose lines can be made to form
a continuous line of communication, by the
construction and maintenance OF suitable
connections. for the transfer of messages
or conversations, and that public con-
venience and necessity will be subserved
thereby, or shall find that two or more
telegraph or telephone companies have
failed to establish joint rates. tolls or
charges for service by or over their said
lines and that joint rates, tolls or charges
ought to be established, the commission
may, by its order. require that such con-
nectfon be made, except where the purpose
Of such connection is primarily to secure
the transmission of local MESA ges or con-
versations between points within the same
city or town, and that conversations be
transmitted and messages transferred over
such connection under such rules and regu-
lations as the commission may establish,
and prescribe through lines and Joint rates,
tolls and charges to be made, and to be
used, observed and enforced in the future.
II such telephone or telegraph companies
DO not agree upon the division between
them of the cost of such physical connec-
ton or connections or the division OF the
joint rates, tolls or charges established by
the commission over such through lines,
the commission shall have authority. after
further hearing, to establish such division
by supplemental order.
Section 40. Whenever the commission,
after a hearing had upon Its own motion
or upon complaint OF a public utility af-
fected, shall find that public convenience
and necessity require the use by one pub
lie utility of the conduits, subways, tracks,
wires, poles, pipes other equipment, or
any part thereof on, over or under any
street or highway, and belonging to an
other public utility, and that such use will
not result in irreparable injury to the own
er or other users of such condnts, sub
ways, tracks, wires, poles, pipes or other
equipment, or in any substantial detrimen,
to the service. and that such public utfli-
ties have failed to agree upon such use or
the terms and conditions or compensation
for the same, the commission may by OIL
der direct that such use be permitted, and
prescribe reasonable compensa ton ana
reasonable terms and conditions Tor the
lie utility to whom the use is permitted
shall be liable to the owner or other users,
Of such conduits. subways, tracks, wires,
poles, pipes or other equipment for such
damage as may result therefrom to the
property OF such owner or other users
thereof.
PROCEDURE.
Section A. Upon written complaint made
against any public utility by ten persons.
firms, corporations or associations ag-
greved that any of the rates. tolls,
charges or schedules or any joint rate or
rates of any public utility are in any re-
spect unreasonable or unjustly discrimina-
tory or that any regula ton. measurement,
practice or act of said public utility is III
any respect unreasonable, insufficient or
unJustly discriminatory, or that any ser
vice is inadequate or cannot be obtained,
the commission. being satisfied that the
petitioners are responsible and that a hear
ing is cxpedient. shall proceed with or
without notice, to make an investigation
thereof. But no order affecting said rates,
tolls. charges, schedules, regulations,
measurements. practices or acts com
planned of shall be entered by the commits
sion without a formal public hearing
Section ~. The commission Immediately
upon the filing of such complaint shall
notify in writing the public utility com
plaine of that a complaint has been made,
and of the nature thereof; and If at the OK
pration of ten days therefrom such public
utility shall not have removed the cause of
complaint to the satisfaction of the com
mission, said commission shall proceed to