The Elbert County tribune., 1914-10-16

SENATE BILL NO. !. LAWS OF 1913
Refereed TO the People of the state Of
Colorado by Petition OF Refcrenduna.

SENATE DILL NJ. IL LAWS OF 1919.
Refereed TO the People of the state Of
Colorado by Petifien OF Referendum.
NOTICE is HEREBY GIVEN. That
at the General Election to be held on
the Third day of November. A. ID. 1slt.
there viii be submitted to the quail :
fled electors OF the State of Colorado
Sections IS. g pSiA and 81 Of ss'ishi Senate Bill
No. ], which senate Bill was filed in
the office OF the Secretary of State on
the Fourteenth day. OF April. A. D.,
1919. at 1924 o'clock a. m. and re
ts5rss cocsaaS to ss ss rsSPf psos Of s' s. s,ass
DUN. containineAmore than the reaui-
site number OF sienatures TO-
he . state os colorado osa duly y'.srs sesfsd o
In accordance with law and filed in
the office Of tho secretary Of State on
the Twelfth day OF July. A. D. 1919.
The authority for submitting such
Act is found In Section / of Article V
Colorado. providing for the Initiative
and Referendum.
Senate Bill No 1. Laws 1913
Section Referrcd-Nos. So. Sc and ~.
Section 30. ta) No street railroad
corporation. gas corporation. electric
corporation. telephone corporation.
telegraph corporation. water cor
forth begin the construction OF street
railroad or of n line. plant or system.
or OF any extension of such street rail-
read. or line. plant or system. with
out first having obtained from the
commission certificate that the pres :
ent or future public convenience and
construction; provided that this sec
tion shall not be construed to require
any such corporation to secure such
certificate Tor an extension within any
city and county or city or town within
which IL shall have heretofore lawful
~ commenced operations. or for an eI-
Ia mi In - .tY Hl.l.
without aecity and county or city or
town. contiguous to Its street railroad.
or line. plant or system, and not there
tofore served by public utility OF like
character. or for an extension within
or to territory already served by Il,
necessary In the ordinary course Of its
any such public utility. in constructing
shall Interfere or be about to inter
fere with the operation OF the line.
plant or system. OF any other such pub
lie utility already constructed. tho
commission. GO. il,,, on COMPLAINT OF the, pub-
effected. may. after hearing. make such
order and prescribe such terms and
conditions for the legation OF the lines.
seem Just anu reasonable.
tb) No public utility of n class speci-
fled II Section sb tal hereof shall
lege under any franchise or permit
Hereafter granted. or under any fran
chise or permit heretofore granted but
the ssercise OF which has been sus-
pended for moro than one year. with
out first having obtained from the
convenience and necessity require the
exercise OF such right or privilege;
provided.. that when the commission
utility has heretofore begun actual con
struction work and is prosecuting
such work. IN good faith. uninterrupt-
proportion to tho magnitude of the un-
dertaking. under any franchise or per-
init heretofore granted but not here
tcforo actually exercised. such pub
lie utility may proceed, under such
rules and regulations as the commits /.
sion may prescribe. to the completion
completion. exercise such right or priv
iiege; and provided. further. that this
valid or hereafter becoming invalid
under any law OF this state.
tcl Before any certificate may issue,
q its articles OF incerporation Or
charter u the applieant be a
efee Of tse sea 6s ied In the
Tie IL the office of ehsesn the .eommIssIon naa,
the commission to show that such an,
plicant has received the required CON
sent. franchise or permit of tho prop.
VI tpuuiJ. CITY anu county. municipal
or other public authority. The com
mission shall have power. after hear :.
ing. to Issue said certificate as prayed
for. or to refuse to issue the same. or to
issue 1t for the construction or a por-
tion only of the contemplated street
railroad. line. plant or system. or ex-
ei else only of said right or privilege.
and may attach to the exercise OF the
rights granted by said certificate such
terms and conditions as In its judg-
ment the public convenience and neces-
sity may require. II such public kutii-
ity desires to exercise q right or privi
leBe under a franchise or permit which
II contemplates securing. but which
has not as yet been granted to it. such
public utility may apply to the COM
issue of the certificate. The commits
sion may thereupon make an order de-
claring that II VIII thereafter upon
application. under such rules and reg
ulations as II may prescribe issue the
Cesired certificate. upon such terms
and conditions as Il may designate. af-
ter such public utility has obtained the
contemplated franchise or permit. Upon
the presentation TO the commission Of
evidence satisfactory. to IT that such
by such public utility. the commission
shall thereupon issue such certificate.
The commission shall cnarge reason
able fee not excceding fifty cents on
each one thousand dollars OF capital to
lie Invested. for Issuing said public con-
venlence and necessity certificate.
otttipV o. tdj no FtlifOau COrpOra-
tion. street railroad corporation, pipe
line corporation. xas corporation. eiec-
trfcal corporation. telephone corpora
tion. telegraph corporation. water cor
poration. or person subject to the pro-
visions OF this net. shall henceforth
sell. lease. assign. mortgage or other
wise dispose Of or cucumber the whole
cr any part OF It's railroad. street rail-
road. line. plant or system, necessary
or useful In the performance of Its du
ties 10 the public. or any franchise or
rerfnt or any right Hereunder or nv
any means whatsoever direct or indf-
rect. merge or consolidate it's railroad
street railroad. line. plant or system
or franchises or permits or any part
thereof, with any other public utility,
without having first secured from the
commission an order authorizing II so
TO do. Every such sale lease. assign
Eient. mortgage. disnosition. eLcum-
brsnce. merger or consolidation made
other than In accordance with the or
der OF the commission authorizing the
same shall be void. The permission
and approval OF the commission to the
exercise Of a franchise or permit under
section thirty-five (a). of this act or