The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-01-10
co NJ NJ
CHARTER ANDITS
AMENDMENT S
Continued from First Page)

iect to said location or the method OF
construction in whole or in part they
shall within five days give said cor
poration written notice thereof. there
in specifying their objections, where
upon if an agreement is not reached
upon the issues so raised, said cor
poration may appeal to the public ser
vice commission by petition, and
thereupon such proceedings shall be
had and such rights, liabilities and
authority attach to said commission
and the parties interested as are pro
vided Tor by section IA of No ll6 OF
the Acts of 1908 and the sections
therein referred to, In the distribu-
ton of electricity or other product 1t
| shall in the construction, mainten-
ance and repair OF any transmission
| or other lines conduits or other
agencies under across or over any
streets or highways proceed and be
| governed by such regulations as are
or may be provided by the general
! laws of the state, or as may be legal
! Nv imposed within the limitations OF
the provisions of their respective
charters by the municipal corpora
tons affected with the right Of APP
peal to the public service commits
sior and with the right of review by
the Supreme court on the question
of the legality or reasonableness OF
such regulations.
Sec. A. Said corporation shall,
: subject to the provisions of section
of this act, at any time furnish cleo
tricity or electrical energy general
ed by water power under the provis'
ions of this charter, for any purpose
to any person or corporation. munich
pal or otherwise, in this state. II is
provided that the manufacturers OF
the towns of Bennington, Pownal,
SALISBURY, Glastonbury, Woodford,
Arlington, Sunderland, Manchester
and Dorset in the County of Ben
ninqton shall be supplied with any Of
the aforesaid power they may desire
or demand at reasonable price
which shall be as low as that charged
for power furnished to any person or
corporation whatsoever; and It is FUR
Their provided that any sales or con-
tracts for sale of power for railroad
purposes or any use Of power for
such purposes shall be subject and
subserVant to the right of the said
manufacturers to demand and receive
said power for manufacturing pur-
poses.
Sec. 5. In case said corporation
cannot agree with any municipality
person or corporation enumerated In
the preceding section, or with any
other municipality, person or corTor-
collie and furnishes
electricity or power as to the price
to be paid for electricity or power
sold and furnished by this corpora
ton. the same shall be determined
by the public service commission
on petition by any party in interest
with the right of appeal to the SUI
preme court on the question of the
LEGALITY or reasCnabieness OF the or
der of said commission. Upon me
final determination of said price in
the manner hereintefore provided,
this corporation shall thereupon fur
nish electricity or power under and
according to the terms of the atcre-
said anal order. Whenever the facts
and conditions, in existence at the
time any such order of the public ser
vice commission or the supreme court
is made. shall have materially chang
ed. said order may in like proceed
inss and in like manner be abrogated
or modified upon the petition OF any
party in interest Upon like proceed
ings, subject 10 like review by the
supreme court. said public serncs
commission may nix limitation upon
the distance in this state beyond
which when so fixed said corporation
shall not be required to furnish cleo
tricity or electric energy and may for
cause shown relieve said corporation
from the duty of furnishing electrici-
ty or electrical energy at remote
points in the state. The rates charg
ed by said corporation shall be with
out discrimination. but. in case the
rate is determined as herein pro5id
ed la such determination the dis
lance from the generating plant 10
the place OF delivery shall be consid
cred
Sec g. II in the exercise OF It's
powers, or th, performance OF its
duties hereunder or the developments
constructions. and maintenance.
herein authorized. il becomes neces-
sary for said corporation TO take the
land Of any person or corporation, or
to flow water onto the same, or to
take and divert the waters OF any
stream or spring. or to otherwise
damage the land or properly OF any
person or corporation. or to erect and
maintain transmission lines. towers,
conduits or lines of poles and wires
on the lands of any other person or
corporation. and. If this corporation
cannot agree with the owner thereof
rthe person so damaged as to the
necessity for so doing and the dam
age to be paid therefor. this corpora
tion may make application to Two
judges of the supreme court who
shall thereupon appoint two disin-
terested commissioners to determine
the NECESSITY thereof and the damages
which the said owner OF owners or
occupants thereof will sustain by
reason of any OF the aforesaid acts.
constructions. maintenance. contimu-
ances. diversions and takinEs. and
the same proceedings shall thereupon
be had as are provided for the ap.
praisai of damages in case Of a rail
road corporation taking land or
property for the construction. Min
tenanCe and accommodation Of its
road Boa chapter 19l of the Public
Statutes and amendments thereto.