RULE 8. A majority of the Board shall constitute a quorum for the transaction of business. RULE 9. Quorum. Official When any action of the Board is to be promulgated or published, the same shall be recited as "By the Board," and shall be authenicated by the official Orders. signature of the Chairman and the Secretary. When any matter is published by a member or officer of the Board, the same is his individual act or declaration, and not the act of the Board, unless recited on its face that the Board has so ordered or decided. RULE 10. Order of At every regular meeting of the Board the following shall be the order of business, unless otherwise ordered by a majority of the members present in business. each instance: 1. Noting absentees and ascertaining quorum present. The rules governing the Senate of the State of Georgia for the time being where applicable are the rules for the government of this Board in its deliberations. RULE 12. These rules and regulations may be altered or amended at any time by a vote of a majority of the Board, provided notice of proposed alteration or Rules may amendment shall have been given at the last preceding regular meeting of the be altered. Board. Or the same may be altered or amended at any regular meeting of a full Board by uanimous vote without any previous notice. RULE 13. In all matters not specifically mentioned or provided for in the foregoing rules, action may be had as under established usage and the law the Board may order, according to the facts and the necessities of the case in each instance. RULE 14. The Attorney to the Railroad Commission shall have charge of all litigation to which the Board may be a party or in which the Commission is concerned, acting or being associated with the Attorney-General in special cases or matters provided by law. Said Attorney shall be the legal advisor and counsel of the Commission in all matters of special legal knowledge or skill, when called on, or needed for the correct conduct of the business of the Commission. Matters not covered by rules. Attorney to FORMAL COMPLAINTS AND PETITIONS FILED WITH THE RAILROAD COMMISSION SINCE ITS THIRTY-FIFTH ANNUAL REPORT. The following statement covers only complaints and petitions, or contested matters, handled by the Commission, beginning June 16, 1908, up to and including February 28, 1909. Informal complaints addressed to the Commission, such as requests for rate quotations, interpretations of rules, classifications and other matters vastly exceed in number those covered by this statement. While such informal communications receive the same care and attention as those of a formal nature, they are handled under a general file index and not given a file number, as the subjects here enumerated. It will be noted that, in some instances, where some principle or rule of procedure before the Commission is laid down, portions of the record in the cases are copied. This is done, with the purpose of informing any one desiring to file a complaint or petition with the Commission, as to the form of petition, and as to what the Commission has ruled in such cases. It will be noted also that in many instances the name of the case, nature thereof, date and disposition only are given. In such cases, no new rule or principle is laid down, but disposition was effected in the ordinary course of handling. In these cases, as in all others, the files of the Commission are open to inspection by the public and for their information as to the methods employed by the Board in handling, etc. FLINT RIVER POWER COMPANY: FILE NO. 8134. Petition for approval of stock and bond issues. Filed in office June 16, 1908. PETITION. To the Honorable The Railroad Commission of Georgia: The petition of Flint River Power Company, a corporation of the State of Georgia, respectfully shows: I. That your petitioner was organized under the laws of Georgia by virtue of a charter granted by the Superior Court of Bibb County, in said State on April 20, 1908, for the purpose, among other things, of engaging in a general electrical and power business and manufacturing, generating distributing and selling electrical and other power, for light, heat, power or other uses, to and for individuals, corporations, or the public generally, and for the purpose of constructing, purchasing, owning and operating power plants and power distributing systems. II. That your petitioner's office and place of business is in the city of Macon, in Bibb County, State of Georgia; that W. J. Massee is the President and Walter T. Johnson is the Secretary of said company and the directors are: W. J. Massee, John T. Moore and Walter T. Johnson. III. Pursuant to rule three of the rules of the Commission governing applications for stock and bond issues, your petitioner, respectfully shows that the charter of said company provides that the amount of the capital stock thereof shall be One Thousand Dollars; that all of said stock has been issued and payment thereof in full has been received by the company; that your petitioner has no indebtedness and has no property except the proceeds of said stock so issued. IV. Pursuant to the fourth of said rules, your petitioner shows that it contemplates the issuance of bonds and stock by itself, successors, or assigns, as hereinafter more fully set out: (a) Ten million dollars ($10,000,000), bonds secured by a mortgage or deed of trust covering all property owned by the issuing company at the time of the delivering of the same and property thereafter to be acquired, bearing interest at not exceeding six per cent. (6%) per annum, in denominations of one hundred dollars ($100), or multiples thereof, and maturing not more than forty (40) years from date, said bonds to be issued upon the delivery of said mortgage or deed of trust or from time to time thereafter in the discretion of the corporative authorities of the company. A copy of the mortgage or deed of trust can not be furnished, because its terms have not yet been agreed upon, but a copy will be filed with the Commission at the time of the issuance thereof. (b) Twelve million dollars (12,000,000) common capital stock. V. The purpose and use for which the above described issues of securities are to be made, are the acquisition, by construction or purchase or both, of a modern hydro-electric power plant or plants on the Flint River in Crawford, Meriwether, Taylor, Talbot and Upson Counties, in said State, consisting of a dam, or dams, power-house or power-houses, hydraulic and electrical. machinery, with necessary facilities and properties, including transmission lines, lands, flowage rights, franchises, easements and privileges, with a capacity of approximately forty thousand (40,000) electrical horse-power; As it will be inexpedient and impracticable for your petitioner to construct such power plant, it is contemplated that a contract for the whole of such construction and for the acquisition of the necessary property will be made with a company which will have special facilities for such construction work, and it is contemplated further that the bonds and capital stock which will be issued by the company as recited hereinabove will be used to pay for such work as a whole; it is therefore impossible for your petitioner to state the amount which shall be necessary for the construction of individual parts of the proposed development. VI. So far as may be done at this time your petitioner has stated in paragraph five, above, such facts as are required to be presented to the Commission by the sixth of said rules, on account of the engineering difficulties that may be presented by reason of the unusually large size and character of this development and other contingencies that can not now be foreseen, it is impossible to state with more particularity than has been stated above the plans and de tailed description of the proposed development. VII. Pursuant to rule seven, your petitioner shows that no contracts are in force for the construction, completion, extension or improvement of its facilities or for the disposition of any of its stock or bonds which it is proposed to issue or for the purchase of property. VIII. In conformity with rule eight, your petitioner states that it has no outstanding stock, or bonds, or notes, which have been issued or used in capitalizing any franchise or any right to own, operate or enjoy any franchise, or any contract for consolidation or lease, or for services rendered or to be rendered, or a bonus to any person or persons natural or artificial. IX. As your petitioner was not formed by a merger or a consolidation, the ninth rule is inapplicable. X. Referring to the requirements of rule ten, a certified copy of your petitioner's charter is herewith filed with the Commission; no certificates, statements or records exist which modify, change or extend the purpose or powers of your petitioner. XI. Pursuant to rule eleven, your petitioner states that on May 5, 1908, the incorporators and stockholders of your petitioner at legally held meeting thereof, respectively, adopted formal resolutions authorizing the within application. XII. Pursuant to rule twelve, your petitioner states to the Commission that the construction of the proposed development will be made under the supervision of experienced and competent engineers to the intent that such construction may be made with safety to your petitioner and the public generally, and your petitioner further states that it will comply with all conditions imposed by law. Wherefore, your petitioner, Flint River Power Company, respectfully prays that the Railroad Commission make such inquiry or investigation as it may deem advisable or necessary concerning the matters presented herein, and that upon full consideration the Commission enter an order approving and authorizing the issues of securities above specified in the amounts and for the purpose and use above set forth by your petitioner, its successors or assigns, and providing that such amendments as may hereafter be made to the said charter under the laws of Georgia be without prejudice to such approval and authorization. And your petitioner will ever pray, etc. FLINT RIVER POWER COMPANY, By W. J. MASSEE, President. WALTER T. JOHNSON, Secretary. GEORGIA, FULTON COUNTY: Personally appeared before me, an officer duly authorized to administer oaths, W. J. Massee, who, being duly sworn, deposes and says that he is the President of Flint River Power Company, the petitioner in the foregoing application, and that he knows the contents of said petition and that the same are true. Sworn to and subscribed before me this 7th day of May, 1908. GEO. F. MONTGOMERY, Sec. R. R. Com, of Georgia. W. J. MASSEE. ORDER: IN THE MATTER OF THE APPLICATION OF THE FLINT RIVER POWER COMPANY FOR APPROVAL of CertAIN BONDS AND STOCKS. The foregoing application of the Flint River Power Company for leave to issue certain stocks and bonds, coming on to be heard, and the Railroad Commission having made such inquiry or investigation and held such hearings and examined such witnesses, books, papers, documents and contracts as it deems advisable or necessary, and being satisfied that the issuance of such bonds and stocks are necessary, and that the amounts of said issues are such as are reasonably required for the use and purpose named in the application; It is considered, ordered and adjudged by the Railroad Commission of Georgia that the prayer of the petitioner be and the same is hereby granted, and that the Flint River Power Company, its corporate successors and assigns, be and hereby is authorized, when the company's charter shall be amended and a certified copy of said amendment filed in the office of the Railroad Commission of Georgia, which said amendment shall authorize such an amount of capital stock that the issue of stock hereinafter provided for shall not exceed the amount named in such charter at the time of such issuance, to issue Twelve Million ($12,000,000) dollars common stock and is also authorized to issue Ten Million ($10,000,000) dollars mortgage bonds, bearing interest at not exceeding six per cent. (6%) per annum, in denominations of one hundred ($100.00) dollars or multiples thereof, and maturing not more than forty (40) years from date, said bonds to be secured by mortgage or deed of trust upon all of the property then owned by the issuing company, and thereafter to be acquired for the use and purpose of acquiring, by construction or purchase, or both, a modern hydroelectric plant or plants on the Flint River in Crawford, Upson, Taylor, Talbot and Meriwether Counties, in said State, and a dam or dams, power-house or power-houses, hydraulic or electrical machinery and necessary facilities and properties, including transmission lines, land, flowage rights, easements, franchises and privileges with a capacity of approximately forty thousand (40,000) electrical horse-power; It is further ordered that the Flint River Power Company report to this Commission within nintey days from date and thereafter quarterly, showing in detail what disposition has been made of the issues of stock and bonds herein authorized to be issued by it; but this duty is imposed upon said Flint River Power Company alone and it shall not be incumbent upon the purchasers or holders of such bonds or stocks to see that the said the Flint River Power Company complies with this provision of this order. By order of the Commission this 8th day of May, 1908. |