Show PUBLIC PUB LI C UTILITIES COMMISSION POSSIBLE County Attorneys Attorney's Office So Holds in Opinion to Commissioners Th The count county attorn attorneys attorney's ylI office In an opinion given the tho count county commissioners commissioners' commis commIs- sinners sinners' office yesterday E afternoon holds that the commissioners ma may appoint a publIc utilities commission which shall hall have Jurisdiction over over- such public utilities ut outside the limits limits limits lim lim- its of Incorporated cities and towns Complaint was made to th the c county commissioners r that the Mountain States Telephone and Telegraph company was waa furnishing inadequate te service to It Its subscribers In a anum number num nurn- ber ier of If Instances which resulted In Ina Ina ina a request for an nn opinion from tho county attorney as to their power In Inthe inthe th the premises The opinion follows i We Ye understand from Commissioner Stillman that complaint is made from arlous various sections of ot Salt Lake county that the telephone company comp now op- op crating craUn under franchises granted h by bythe bythe I the board of ot count county commissioners Is not furnishing reasonably adequate 6 service r to Its subscribers In the count coun- coun t tv tJ and assuming that the complaints com corn plaints were Wre well founded without making an any special I Investigation asto as asto asto II to the facts and without saying that the complaints are well founded w ware we weI I arc are asked to suggest a remedy for this condition l Under the laws Jaws of Utah the tho county commissioners are arc given en the power to grant franchises along and over the public roads and highways for tor all lawful purposes purpose upon such terms conditions and restrictions as In the Judgment of ot tho the board may be be beneces sar sary and proper and In such a 1 manner man man- ncr ner as to present the least st possible obstruction and Inconvenience to the I traveling cling public but such permission shall not be for a n. longer period than fifty tift years This law Lav was in existence at the time the franchises were granted and under It tho the should should- properly have ha carried some provision requiring that th the companies furnish reasonable service at r reasonable I Ira ra rates t s After Arter careful consideration of ot this matter we have formed tho the opinion that tha t pH public service corporations ma may maybe maybe be regulated where the franchise as granted contains the necessary provisions provisions pro pro- visions reserving that right in tho tIm municipality which grants the franchises franchises fran fran- or ahat where the franchise Is silent on tho the subject then they ma may bo be regulated under police power It Is lit under this police power that the tho state legislatures le have enacted public utility bills There Thero Is no question question ques ques- tion In our minds s but that public service corporations are subject to regulation b by the state through ap appropriate ap ap- legislative action nellon and we weare weare are therefore of or the opinion that In this state the legislature has conferred con con- terr erred d upon uon coun county commissioners the lie necessary nr powers power to do o the f same ame imet so long 1011 as there Is no general genera law on th the subject The file law says The Tho board boar of or county commissioners commission commission- ers ert In t each ach count county has the tho Jurisdiction tion ion and power er as In the following sections enumerated under such limitations as fiS are Imposed b by law To 10 make and enforce within the limIt lim- lim It of oC the county count outside the limits o of Incorporated cities clUes and towns al nIl such local police sanitary and an other regulations as are not in conflict with general laws Under a similar provision the su- su pi eme court of ot California has bus held that there was conferred upon tho the authorities of the municipality a po poUce police police po- po lice Uce power r to tho the same extent that tha tho the state could Coull exercise It and the only limitations on that power Is that tha regulations shall not conflict with the general beneral laws lawa It Is our opinion therefore that tha the lie county commissioners of ot Salt Sal Lake county count ha have vo the lie power to enact a n public utilities bill If tho they to do to so Such a 0 bill If it enacted must be bt reasonable not nol oppressive and must not Impo Impose e unreasonably lUr burdensome restrictions If It Is to bo be sustained by the courts court |