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Shall have plenary power to make all valuations of the lines, property, plant, franchises and assets of such corporations.

1910, ch. 180, sec. 40.

454. Every telegraph company or telephone company within the jurisdiction of this commission shall provide such service and facilities as shall be adequate, just and reasonable. All rates, tolls and charges used, made or demanded by any such telegraph company or telephone company for any telegraphic or telephonic communication or service shall be just and reasonable and not more than allowed by law or by order of the commission and made as authorized by this sub-title.

No telegraph or telephone company shall make or give any unjust or undue preference, or advantage in rates charged or demanded, or in any other respect whatsoever, or subject any particular person, corporation or locality to any unfair prejudice or disadvantage, but shall furnish equal facilities to their patrons and transmit all messages in the order in which they are received.

It shall be the duty of the commission to require that every telephone company, so far as it operates its lines and conducts its business in the State of Maryland, to furnish to its patrons reasonably good and adequate service in all respects. If in the judgment of the commission repairs or improvements to or changes in any telegraph or telephone line, apparatus, machinery, equipment or facilities, or any other property, used by any telegraph company or telephone company in connection with telegraphic communication or telephonic communication within the State, ought reasonably to be made, or any additions or alterations are necessary in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for telegraphic or telephonic communications, the commission shall, after a hearing either on its own motion or after complaint, make and serve an order directing such repairs, improvements, changes, additions or alterations, to be made within a reasonable time and in a manner to be specified therein, and every telegraph company and telephone company is hereby directed to make all repairs, improvements, changes,

additions or alterations required of it by any order of the commission served upon it.

1910, ch. 180, sec. 41.

455. All provisions of this sub-title in reference to steam railroads, street railroads, gas and electric light corporations and common carriers, in reference to hearings, summoning witnesses, taking of testimony, reports, approval of incorporation and certificates of franchises, the approval of issues of stock, bonds and other forms of indebtedness, consolidation, lease, transfer of franchise, valuation of property, plants and franchises, keeping of accounts, complaints as to quality, price, facilities furnished, the fixing of just and reasonable prices and adequacy of service, forfeitures of all descriptions, forfeitures for non-compliance with the orders, summary proceedings under this sub-title excessive charges for product, service or facilities, proceedings before said commission and proceedings in any court mentioned in this sub-title and any and all other sections, paragraphs, provisions and parts of this sub-title in reference to any other corporations subject to any of its provisions, so far as the same shall be practicable, legally or necessarily applicable to telephone or telegraph companies or corporations controlling telephone or telegraph lines in this State are hereby made applicable to such telephone and telegraph companies and to corporations controlling telephone and telegraph lines, and shall have full application thereto.

1910, ch. 180, sec. 42.

456. All provisions in this sub-title in reference to steam railroads, street railroads, gas corporations, electric corporations, common carriers and telephone and telegraph companies, with respect to the jurisdiction, powers and duties of said commission over and in relation to the said corporations and companies, and with respect to hearings, summoning witnesses, taking of testimony, reports, approval of incorporation and certificates of franchises, of issues of stocks, bonds and other forms of indebtedness, consolidation, lease and transfer of franchises, valuation of property, plant and franchises, keeping of accounts, complaints as to quality, price and facilities furnished, the fixing of just and reasonable prices, service and

facilities, forfeitures and penalties of all descriptions, summary proceedings, proceedings before said commission and proceedings in any Court mentioned in this sub-title, and any and all other sections, paragraphs, provisions and parts of this subtitle in reference to any corporations subject to its provisions, so far as the same may be practically, legally or necessarily applicable to water companies, and heat or refrigerating corporations, and to power companies or corporations, and to their respective service and charges and to their property, plant, franchises and management, are hereby made applicable to such corporations and companies, their service, charges, property, plant, franchises and management, and shall have full application thereto.*

1910, ch. 180, sec. 43.

457. Any corporation subject to this sub-title, or any of the provisions of this sub-title, and any person in interest being dissatisfied with any order of the commission, fixing any rate or rates, tolls, charges, schedules, joint rate or rates, or any order fixing any regulations, practices, acts or service, may commence any action in the Circuit Court for any county, or before any judge of the Supreme Bench of Baltimore City, in any Court of Baltimore City of appropriate jurisdiction which may be adopted for the purpose, against the commission as defendant to vacate and set aside any such order on the ground that the rate or rates, tolls, charges schedules, joint rate or rates, fixed in such order is unlawful, or that any such regulation, practice, act or service fixed in such order in unreasonable, in which action a copy of the complaint shall be served with the summons.

The answer of the commission to the complaint shall be served and filed within twenty days after service of the complaint, whereupon said action shall be at issue and stand ready for trial upon fifteen days' notice to either party.

* In Public Service Commission vs. Brooklyn, etc., Light Co., 122 Md. 612, at 619, it was held that, although this section gives to the Public Service Commission broad powers over water companies, it does not authorize the Commission to require a water company to extend its plant into territory which the water company has not attempted to serve, when the probable revenues would be insufficient to pay the cost of the extension and maintenance.

All such actions shall have precedence over any civil cause of a different nature pending in such Court, and the said Courts shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions.

Every proceeding, action or suit to set aside, vacate or amend any determination or order of the commission, or to enjoin the enforcement thereof or to prevent in any way such order or determination from becoming effective, shall be commenced, and every appeal to the Courts or right or recourse to the Courts shall be taken or exercised within sixty days after the entry or rendition of such order or determination, and the right to commence any such action, proceeding or suit, or to take or exercise any such appeal or right of recourse to the Courts, shall determine absolutely at the end of such sixty days after such entry or rendition thereof.

No injunction shall issue suspending or staying any order of the commission, except upon application to one of the judges of the Supreme Bench of Baltimore City, or to the Circuit Court of one of the counties, and upon notice to the commission and after hearing.*

1910, ch. 180, sec. 44.

458. If, upon the trial of such action, evidence shall be introduced by the plaintiff, which is found by the Court to be different from that offered upon the hearing before the commission, or any commissioner, or additional thereto, the Court, before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission and shall stay further proceedings in said action for fifteen days from the date of such transmission.

Upon the receipt of such evidence the commission shall consider the same and may alter, modify, amend or rescind its

In Gregg vs. Public Service Commission. 121 Md. 1, it was held that the appellant could not complain, as he had failed to note an appeal within the time prescribed by this section. In part, the Court said: "It is true that the Act does not use the word 'appeal' in connection with a resort to the courts to obviate the effect of an order, but the rights of parties who may feel aggrieved by the action of the commission are fully guarded and protected by the provision of section 43 of the Act, etc." (Then follows quotation from above section).

order relating to such rate, or rates, tolls, charges, schedules, joint rate or rates, regulations, practice, act or service complained of in said action and shall report its action thereon to said Court within ten days from the receipt of such evidence. If the commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, judgment shall be rendered thereon as though made by the commission in the first instance.

If the original order shall not be rescinded or changed by the commission, judgment shall be rendered upon such original order.*

1914, ch. 445, sec. 441⁄2.

458A. That before the trial of such action a transcript duly certified by the secretary of the commission of all the papers and proceedings, including evidence, in the case before the commission, except such as are omitted by the stipulation in writing of the parties to such action, shall be filed by the commission in such action and shall be evidence in like manner as the originals transcribed.

1910, ch. 180, sec. 45.

459. Either party to said action, within twenty days after service of a copy of the order or judgment of any Court of Baltimore City or of the Circuit Court of any county, may appeal to the Court of Appeals of Maryland. Where an appeal is taken the cause shall, on the return of the record of the proceedings to the Court of Appeals of Maryland, be immediately placed on the docket of the then pending term of the Court of Appeals, and shall be assigned and brought to a hearing in the same manner as other causes on the docket.*

1910. ch. 180, sec. 46.

460. In all trials, actions and proceedings arising under the provisions of this sub-title, or growing out of the exercise of the authority and powers granted herein to the commission, the

Gregg vs. Public Service Commission, 121 Md. 1, 33.

Public Service Commission vs. Northern Central Ry., 122 Md. 355.

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