391. Limitation on power to grant rights.

No grant of working facilities1 is to be made unless the court is satisfied that the grant is expedient in the national interest2, and unless it is shown that it is not reasonably practicable to obtain the right in question by private arrangement for any of the following reasons:

  1.  

    (1)     that the persons with power to grant the right are numerous or have conflicting interests3;

  2.  

    (2)     that the persons with power to grant the right, or any of them, cannot be ascertained or cannot be found