§ 127. Franchises and privileges. Without first having obtained the
permission and approval of the commissioner no common carrier shall
begin the construction of a railroad or street railroad, or any
extension thereof, for which a certificate of public convenience and
necessity shall not have been granted by the board of railroad
commissioners or where prior to said time said common carrier shall not
have become entitled by virtue of its compliance with the provisions of
the railroad law to begin such construction; nor, except as above
provided in this section, shall any such common carrier exercise any
franchise or right under any provision of the railroad law, or of any
other law, not heretofore lawfully exercised, without first having
obtained the permission and approval of the commissioner. The
commissioner shall have power to grant the permission and approval
herein specified whenever he shall after due hearing determine that such
construction or such exercise of the franchise or privilege is necessary
or convenient for the public service.