Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-02-25

shall be indeterminate as to form
This clothes the commission with
absolute franchising power.
Existing Companies Protected.
In order that existing Compan-
les may be fully protected, sub
lsection "b" of the same section
provides that "the commission
shall, within thirty days after this
act shall take effect, issue 10
all public utilities IN the state
actually engaged in the business OF
public utility as herein defined
permit as herein provided"
If a new concern wishes to en-
Yer the field, the following re-
strictlons apply: Every corpora
ton, municipal corporation, COM
pany, co-partnership, joint stock
company, individual or association
of individuals intending to con-
struct or in any manner acquire,
own, maintain, operate or control
any public utility shall first obtain
a permit to carry on such bust
ness"
The clause to prevent duplica-
ton reads: mo public utility shall
hereafter begin the erection or con-
struction of a plant for the produc-
ton of any commodity herein men
toned without first having obtained
permit from the commission, and
no public utility shall exercise any
right or privilege under any fran
chise granted or under any fran
chise heretofore granted, but not
heretofore actually exercised, or
the exercise of which shall have
been suspended for one year, with
out having first obtained such per-
NIT.
Duplication Is Possible.
THE commission shall have
power to grant such permit when
ever it shall, after due hearing,
determine that such construction is
convenient and necessary for the
public service; provided. however,
that where any public utility giving
a similar service is already operar-
ing in the same field or territory,
it shall be necessary TO first obtain
a certificate of public convenience
and necessity of the court as here
after provided before the permit
shall be issued by the commission. 3"
Section 13 amplifies this: mo
permit shall be issued for a second
public utility for the same field or
service by or in any municipality
or territory where a public utility
of like kind Is in operation, unless
public convenience and necessity
require such second utility. (Then
the procedure in the district court
Is outlined.) The court shall con-
slider the question of priorities, if
any such questions arise. as be-
tween the petitioner and the ope-
rating public utility. If the order
and judgment of the court upon
said hearing shall be that public
and necessity do not
require the proposed second public
utility. the petition shall thereupon
be dismissed at the cost of the pc
titioner; II it shall be that public
and necessity require
the proposed second public utility,
Il MAY grant the petitioner a GER
.ificate of public convenience and
necessity"
Ia oliCI WI 10, II IicCtSbIly ana
do not require a sec
1nd plant, the petition shall be dis
if necessity and conven-
ence do require a second plant. the
petition may be granted.
Assumption of Power.
Then follows the section which |
axes away from cities. counties |
and even the state the right to |
or grant franchises to pub
ic utilities and which in effect |
cancels existing charters. though |
allowing them to remain on the |
books. 1t reads:
shall issue an indie
erminate permit as herein provid-
I'd to any public utility, any license,
or permit issued or
granted by the state, county or
corporation thereof,
hall be void and of no effect inso-
ar as such license, grant or permit
hall attempt to regulate or con-
rol the rates and charges to be
made by the public utility to which
UGH license. franchise or permit
vas issued or granted, or shall at
empt to regulate and control the
ervice to be rendered by any such
'ublic utility. or shall attempt TO
egulate and control the repair,
or extension for the
'ublic service of any such public
Utility, or shall attempt to limit
he time or period of operation and
ervice of such public utility and
he power and duty of fixing. de-
ermining, supervising, regulating
nd controlling all charges of pub
Ic utilities is hereby vested in said
commission"
Little Left to Cities.
That leaves to a city the right to
RAW a franchise which includes
he names of the contracting par
les and the date but strikes out
verifying after the words: Sec
ion / ."
1t is notable. also. that the bill
wipes out the right to control ex-
ensions.
The provision as to the correc-
ion of excessive rates is highly in
ereSting. IL any nerson believes q