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HsVlte* Nelnhardti PSaegpte. 2 - 3, >§048 Files BO The 1900 franchise above referred to % s f as 1 have stated, under a then existing statute of the State of Nevada whloh Halted the operations of-inter and other publlo util­ities to unincorporated torn® and allies and pursuant to that franchise our operations- were specifically limited to the un­incorporated to*m of las Vegas. ? The permit of 1930. does not contain such legal limit­ations but is granted only %/lth renpeot to the streets etc. of the City of Las Vegas and for the purpose of supplying the in­habitants of this oity tdth enter. There is no legal restric­tion in that permit which would prohibit our goingoutside of the City, of las Vegas if %ie so desire. If the ooopany oan be expelled to extend its opera­tions beyond the city limits, such compulsion must cone by order of the Nevada Publio Service Commission to which there is no doubt we are subject. The question arises therefore, as to whether the Commission could compel us to so extend our operations then for a period Of approximately 40 years, we have confined such operations first, to the unincorporated town of Las Vegas and second, within the municipal boundaries of the City ofLas-Vegags ? Hie general principle .of the law whloh is pretty well accepted throughout the Whited States, is that the obligation of a public utility to servo the public is Halted by the ex­tent of the provision or undertaking by the utility to serve the public, fo require a public utility to devote its property to a service which It has never' professed' to render, or to ? the service of a territory which it has never undertaken to serve, is tantamount to taking that property for public use without Just compensation. x ? ? /' X have not been able to find any Nevada oases on this subject but desire to refer you briefly to one of the leading cases in California where the factual situation was quite a bit similar to the one we have before us, the case being Pel Mar,Nat eg. Light. A Paver .Ctonoana v.s Eshclnan, 167 Callf. 686. In that case, the real ectatv organisation organ­ised the totm of Del Iter for the purpose of a real estate sub- • division and later incorporated the Pel Iter water, light and Power Company for the primary purpose of supplying water, llpfit