Gilpin observer., 1914-10-08

necessity require Or will resuire susA
ton shall not be construed to require
certificate for an extension within any
which it shall have thsrstofora lawful
ly commenced operations. lor for an sx-
WhSut ets ana e,Y
town. contiguous to its street railroad
or line. plant or SYSTEM and not there.
character. or for an extension within
in the ST,dasary course
any such public utility. in constructing
or extending Its line. plant or system.
fere with the operation Of the limo.
lie utility already ,construeted. the
effected. may. after hearing. make such
conditions for the location Of the iinss.
plants or systems affected as to 1t may
seem just and reasonable.
t.a Ss sesson gaso ss st Of s.s.or s,ss' sss
henceforth exercise any. right or privi.
lege under any franchise or permit
chise or permit heretofore granted but
not not heretofore actually exercised. or
out first having obtained from the
&C mmission a certificate that public
exercise Of such right or privilege:
provided. that when tho commission
ssty has @ sesun mat actual eon
struction work and IL prosecutine
SUCH work in good faith. uninterrupt-
proportion to the magnitude of the un-
dertaking. under any franchise or per-
tefore setualy .nss p%s
rules and regulations q. the commis.
of such. work. and may, after such
completion, exercise such right or priv
asS no BE- hs sa ts
valid or hereafter becoming Invalid
fc) Before any certificate may issue.
It. ns ies9n on copy e
office Of the commission. Evers
fle IN the offies of the he
such evidence as shall be required by
The bas to shHw fh that such APP
sent. franchise or permit of the prop
or county. city and county. municipal
mission shall have power. after hear
ing. to issue said certificate prayed
issue it for the constrsetion of or por to
tion only. of the contemplated street
railroad line. plant or system. or OK
ell else only of said right or privilege.
and may attach to the exercise of the
rights granted by said certificate such
ment the public convenience and necss-
sity may require. II such public util-
lege under>a franchise or permit which
II contemplates securing. but which
has not as yet been granted to It. such
~ hA
for an order preliminary to the
issue of the certificate. The commits
ciaring that 1t viii Thereafter. upon
application. under such rules and reg
Ilations as Il may prescribe. issue the
and conditions as Il may designate, az
ter such public utility has obtained the
.SSanss hs to II that :usS
franchise or permit has been secured
shall thereupon issue such certificate
The commission shall charge a reason
Zach each one @ thousand tho dollars SOY of capits, % 9 to
lie invested. for issuing said public con-
yenience and necessity certificate.
lion. street railroad corporat,On. pip.
line corporation. gas corporation. cleo
on
Visions Of this act. shall henceforth %
wise dispose Of or encumber the whoi.
r any part of its railroad. street rail-
,oad: tine; IN, plant or system necessary
les to the public. or any franchise or
'ermit or any right Hereunder. or by
-ect. merge or consolidate its railroad.
street railroad. line. plant system,
+ fareSiSss Mi.s or permits or any psrt
\ ithout having first secured from the
an order authorizing IL 30
nent. mortgage. disposition. encum-
,,ther than in accordance with the or
ind approval of the commission to the
Iection thlrty-fivs Ia) Of this act. or
he sale. lease, assignment. mortgage
'r other disposition or sncumbrancs or
ion shall not 30 construed to % reviSs
Z validate any lapsed or invalid fran
he powers % or Drivileges o soneained "a ned i i1
: e w.iy. any forieIsars. OF Noshins Rsl%
'ther disposition by any public utility
ion OF property which is not necessary
r useful in the performance of Its du-
les to the public. and any sale Of its
g conciusiv.iy. presumed to have been
Z property which Is not useful or nee.
ssary n the performance OF Its du-
les 10 the public. as to any purchaser
'alue.
tbl No public utility shall hereafter
purchase or acquire. take or hold. any
'art OF the capital stock of any other
,ublic utility. operating under and by
'irtue OF the laws OF this State. with.
,ut having been first authorized to
10 so by the commission Every as
lgnment. transfer. contract or agree
nent for assignment or transfer or
my stock by or through any person
r. corporation to any corporation. or
therwise. in violation of any of tho
PROVISIONS OF this section shall be void
md OF no effect. and no such transfer
nail be made on the books of any
aimed shall be construed to prevent the
cquired.
,ss Section 81, Ca The power of public