Gilpin observer., 1914-10-15

ecS:tsnsAtio. o.euI1: IL th.t This
tton shall not be construed to requiss
any such corporation TO secure % such
certificate for an extension within any
which it shall have heretofore lawful
tension H into territory. either within or
without a city and county or city or
town. contiguous to its street railroad.
tofore served by a public utility fix.
character. or for an extension within
to II ecyss sorse ey
any such public utility. in constructing
shall interfere or b about to inter
fere with the operation of the, line.
plant or system. of any other such pub
commission. on complaint of the pub
lie. utility claiming to be injuriously
Effected may nieer nearlnS tsrm,
conditions for the legation OF the lines.
plants or systems affected as to 1t may
seem Just and reasonable.
(b) No public utility of a class speci:
fled in Section So (aJ hereof shall
henceforth exercise any right or privi.
hereafter 'i granted. ami or under any fran.
chise or permit heretofore granted but
not not heretofore actually exercised: or
pended for more than ono year, with
cut first having obtained from the
&C that pu9s
exercise of such right or privilege;
provided. that when tho commission
utility has heretofore begun actual con
struction work and Is prosecutin,
such work, In good faith: uninterrupt-
proportion to the magnitude of the un-
dertaking. under any franchise or per-
exercised
rules and regulations az the commis
Completion. exercise such right or priv
ssesfon A"S sSa NOT be- "a, to vai %
valid or hereafter becoming invalid
tc> Before any certificate may issue.
under this section eertiflsd copy
office Of the oommi;sIon; Every
fRe flle in the offics of 'eoiS the co@mlssion He
such evidence as shall be required by
the commission to show that such ap-
sent. franchise or permit OF tho prop
or county. city and county. municipal
mission shall have power. after hear.
ing to issue said certificate as prayed
for, or to refuse to issue the same. or to
Issue II for the construction of a por-
tion only of the contemplated street
,aIlToad ,. line plant or ,S system: or en-
eicise 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 neess-
sity may require. II such public util-
iege under a franchise or permit which
II contemplates securing. but which
has not as yet been granted to It, such
mission for an order preliminary to the
issue of the certificate: The commits
sSn may make an order de-
application. under such rules and reg
uiations as 4 may prescribe. issue the
and conditions as II may designate, af-
ter such public utility has obtained the
contemplated franchise or permit; Upon
evidence satisfactory to II that such
franchise or permit has been secured
shall thereupon Issue such certificats.
The commission shall charge a reason
able fee not exceeding fifty cents on
lie invested. for issuing said public con-
venience and necessity certificate.
dn s. R M1 SSe.
tricai Corporation. telephone corpora
Visions Of this act. shall Seneeforsh nee
81 n. oss: s:.
or any part of Its railroad. street rail-
road. line; plant or system. necessary
ties to the public. or any franchise or
nermit or any right hereunder. or by
any means direct or ind
street railroad. line. plant or system,
or franchises or permits or any part
" Without Mithout savins M first n secured S'S from y; ~.
commission an order authorizing II so
to do. Every such sale, lease. assign
brance, merger or consolidation made
other than in accordance with the or
.hs 5. Hoia TSe IN:
and approval Of the commission to the
exercise Of franchise or permit under
the sale. lease. assignment. mortgage
or other disposition or encumbrancs or
on .ss not to s1 1.ss.
chise or permit or to enlarge or add to
the grant of any franchise or permit.
or to waive any forfeiture. Nothins
in this subsection contained shall be
Of a class designated In this subsec.
or useful In the performance OF its du.
ties to the public. and any sale of Its
property by such PUBLIC utility shall
CT property which Is not useful or nec-
essary In the performance of its du-
ties to the public as to any purchaser
OF such property in good faith for
tbl No public utility shall hereafter
purchase or acquire, take or hold any
part of the capital stock of any other
pIr;ne phI5;i,e t unity operating under and BY
out having been first authorized to
do SO by the commission Every as
sisnment. transfer. contract or agree
ment for assignment or transfer or
any stock by or through any person
or corporation to any corporation. or
otherwise, In violation of any of the
provisions of this section shall be void
and OF no effect. and no such transfer
public utility. Nothing herein con-
tained shall be construed to prevent the
acquired
Section 81. ta) The power of public
utilities to issue stocks and stock GER
tlfIcatea. and honda notea md ofhar