Gilpin observer., 1914-10-22

necessity rseuir. q viii r:auir: such
tion shall not be construed to require
any such corporation to secure such
eity and COUNTY H M or oisH oE town Mthn
which it shall have thsrstofors lawful
~ commenced operations. or for An sx-
without a city and county or city or
town. contiguous to It's street railroad.
served pubo nsss q f.
character. or for an extension within
or to territory already served by i.
business: and provided. {urther. that il
any such public utility. in constructing
shall ntersre ' Of line 5. About or .r
plant or system, Of any other such pub.
commission. on complaint Of the pub
lie. utility claiming. to be injuriously
oraer ana tsnms
conditions for the location of the lines.
plants or systems affected as to 1t may
ssdP i s sssslea 'l ssssos s:ss' 'ess .ss
henceforth exercise any right or privi-
fereafter granted. or under any pf fran.
chise or permit heretofore granted but
ros fSs hsrssG1ore actually or
out first having obtained from the
and rsaalr. .sas pues the
exercise OF such right or privilege:
fiaa shss fssr SsasIn whsn tn;
utility has heretofore begun actual con.
struction, work and Il prosecuting
ediy and with reasonable diligence in
proportion to the magnitude Of the un-
dertaking. under any franchise OF. per-
tc fore actually exercised. such pub
lie utility may proceed. under such
sion may prescribe. to the completion
Of such work. and may; after such
section shall not be construed to val
idats any right or privilege now IN;
under any law Of this state.
tc) Before any certificate may issue.
opd It. tas sless sss'on COPY
ssa5ss sal sf e0lifnnf g. fsd in b tho
Tie in the office Of 'ea the co@mIssion a
such evidence as shall be required by
sent a franehise @ or permi. e9 the prop
or tS' other public % s1thority. e Ths n'eega. coma
mission shall have power. after hear:
ing. fng. to issue sues, said certificate as prayed
tion only of the contemplated street
tension thereo or for OF tSs 's sar,ial or sa s
81 else only OF said right or privilege
and md may ATTACH Is to the exercise of the
terms and conditions as in Its judg-
ment the public convenience and nsces-
lty desires to exercise a right or privi
lege under franchise or permit which
no as sss beeS but 1t neh
public utility may apply to the COM
mission for an order preliminary to the
sion may thereupon make an order de-
claring that 1t will thereafter. upon
application. ,,pEII,Sn !, under such rules and reg
and conditions as il may designate, AZ.
contemplated franchise or permit. Upon
the presentation to the commission Of
1aasSi:. Sl ns1ms + that .ush
by such public utility. the commission
shall thereupon issue such certificats.
able fee not exceeding fifty cents on
each one thousand dollars of capital to
and
.lon. street railroad eorporat,on. pip.
tion. telegraph corporation. water cor.
psions Of e tSs '1 act sRai 70 rns
sell. lease. assign. mortgage or other
wise dispose OF or encumber the whole
or useful in the performance Of its du.
nermit or any right thereunder, or BY
any means whatsoever. direct or indi-
rect. merEe or c0nsoiidats Its railroad.
thereof. with any other public utility.
commission an order authori.ins il 90
to do. Every such sale. lease. assign
ment: mortgage. disnosition, encum-
der Of tn. commission authoriring tn.
and approval Of the commission to the
exercise Of a franchise or permit under
,sstion thI..y.fiy: y 81 !. ., thi. .st: o.
or other disposition or encumbrance or
= franehi'e or permit under thi. 500.
or validate any iapsed or Invalid fran
chise or permit or to enlarge or add to
grant Of any Srsnch.s or
CIR to waive any Forfeiture. NothinS
in this subsection contained shall be
other disposition by any public utility
Of class designated In this subssc.
or useful ih the performan@ce nee OF its du.
ties to the PUBLIC. and any sale Of its
property by such public utility shall
e properly which 6 not useful Or n.o,
essary IN the performance of its du-
of such property in good faith for
value.
(bl No public utility shall hereafter
purchase or acquire. take or hold. any
part of the capital stock of any other
public utility. operating under and by
virtue of the laws Of this State. With.
out having been first authorized to
do so by the commission. Every as
signment. 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
shall be made on the books of any
public utility. Nothlnk herein con-
holding, of stock herstofors lawfully