burden of proof shall be upon the party adverse to such commission, or seeking to set aside any determination, requirement, direction or order of said commission, to show by clear and satisfactory evidence that the determination, requirement, direction or order of the commission complained of is unreasonable or unlawful, as the case may be.* * Public Service Commission vs. Northern Cenral Ry. Co., 122 Md. 355. 1910, ch. 180, sec. 47. 461. In all actions and proceedings in Court arising under this sub-title, all processes shall be served and the practice and rules of evidence shall be the same as the civil actions, except as otherwise herein provided. Every sheriff or other officer empowered to execute civil processes shall execute any process issued under the provisions of this sub-title, and shall receive such compensation therefor as may be prescribed by law for similar services. 1910, ch. 180, sec. 48. 462. No person shall be excused from testifying or from producing books, accounts and papers in any proceeding based upon or growing out of the provisions of this sub-title on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him tend to incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced any documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying. 1910, ch. 180, sec. 49. 463. A substantial compliance with the requirements of this sub-title shall be sufficient to give effect to all rules, orders, acts and regulations of the commission, and they shall not be declared inoperative, illegal or void, for any omission of a technical nature in respect thereto. 1910, ch. 180, sec. 50. 464. The commission, its agents, experts and inspectors shall have power to enter upon any premises occupied by any corpo ration to which the provision of this sub-title or any of them are applicable, for the purpose of making the examinations, inspections, valuations and tests contemplated or provided for in this sub-title, and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor for the purpose of said examinations, inspections and tests. 1910, ch. 180, sec. 51. 465. It shall be the duty of the State Auditor to make biennial examinations and audits, comprehensive and thorough in character, of all receipts, expenditures, costs, expenses and pecuniary or fiscal affairs or concerns of the said Public Service Commission, to render and furnish to the Governor, the Comptroller and the Treasurer, respectively, a full and detailed report of each of said biennial examinations and audits, the first of said biennial reports to be delivered to said officials, respectively, upon the first day of January, and the second of said reports to be delivered to said officials upon the first day of July of each and every year ensuing the passage of this Act. 1910, ch .180, sec. 52. 466. The Public Service Commission hereby created shall have, in addition to the powers herein specified, mentioned or indicated, all additional, implied and incidental powers which may be proper and necessary to effectually carry out, perform and execute all the said powers herein specified, mentioned or indicated. 1912, ch. 427, sec. 52a. 466A. Nothing whatsoever contained in Sections 27 and 34* of the Public Service Commission Law shall be taken or construed to deny to the said Public Service Commission power or authority which is hereby expressly granted: (a) To approve the issuance of stocks, bonds, evidences of indebtedness or se curities in connection with the organization of a new corporation by any purchaser or purchasers of the franchises or property of any corporation subject to the provisions of the Public Service Commission law sold under any judicial proceeding or mortgage or deed of trust to such an amount and in such char Being Sections 429 and 448 of this Article. acter as may appear to said commission necessary, reasonable, equitable or proper to fully protect the rights, interests and equities of the holders of stocks, bonds, evidences of indebtedness or other securities of the corporation whose franchises and property have been so sold under any judicial proceeding or mortgage or deed of trust; and (b) to permit the capitalization of the tangible and intangible property and assets other than the franchise to be a corporation, of any corporation either newly chartered or organized by any purchaser or purchasers of the franchises and property of any corporation sold under judicial proceeding, or mortgage, or deed of trust, in such manner and form as may be made to appear to said commission reasonably necessary or proper to enable such corporation to procure the necessary capital, services or other requisites for constructing, equipping, developing, maintaining and operating its property, works, plants facilities and connections for the establishment of its business as a going concern. 1910, ch. 180, sec. 53. 467. The provisions of this sub-title shall apply to services or utilities rendered by any of the corporations subject to the provisions of this sub-title or any of the same, within the State of Maryland, and nothing in this sub-title contained shall be deemed or construed to apply to or operate upon interstate or foreign commerce. 1910, ch. 180, sec. 54. 468. Each section of this sub-title and every part of each section are hereby declared to be independent sections, and the holding of any section or sections, or part or parts thereof, to be void, ineffective or unconstitutional for any cause, shall not be deemed to affect any other section or part thereof.* Motor Vehicles for Public Transportation of Passengers.† 1916, ch. 610, sec. 1. 469. It shall be the duty of each owner of a motor vehicle to be used in the public transportation of passengers for hire op *The Act of 1910, Chapter 180, contained a section numbered 55 and which reads as follows: "All Acts and parts of Acts confleting or inconsistent with any provision or provisions of this Act are hereby repealed so far as they conflict or are inconsistent with any provision or provisions of this Act." This section does not appear in the Code or in volume 3 thereof, but the importance of its insertion is noted in City, etc., R. R. Co. vs. W. W. & G. R. R. Co., 122 Md. 655 at 657. † Sections 469 to 474, inclusive, are in force from July 1, 1916. erating over State, State aid, improved county roads, and streets and roads of incorporated towns and cities in the State of Maryland, to secure a permit from the Public Service Commission of Maryland to operate over said roads and streets, and present same to the Motor Vehicle Commissioner annually at the time and according to the method and provisions prescribed by law for owners of all other motor vehicles, to make an application in writing for registration with the Commissioner of Motor Vehicles, and to state in said applicaton, besides the other matters by law provided, the seating capacity for passengers of said motor vehicle, the route on which said motor vehicle is to be used, whether reserve or substitute cars are maintained by the applicant, to be used only in emergencies, and if so the number of such reserve and substitute cars, and a complete description of each, and when in use the same to be desig nated by a special marker, to be furnished by the Commissioner of Motor Vehicles, the length of route in miles on State, State aid, improved county roads, and streets and roads of incorporated towns and cities, respectively, in the State of Maryland, the weight of the vehicle and the schedule under which it shall operate during the ensuing year, and for all such motor vehicles except reserve or substitute vehicles the following annual fees shall be paid to the Commissioner of Motor Vehicles for certificates of registration issued by him, and no other additional fees, license, or tax shall be charged by the State or any municipal subdivision thereof, except the regular property tax in respect to such vehicles or their operation. Class "A." Motor vehicles weighing less than three thousand (3,000) pounds shall each be charged and pay one-twentieth (1/20c.) of a cent per each passenger seat multiplied by the total number of miles that said application shall show will be traveled by such motor vehicle over State, State aid, improved county roads, and streets and roads of incorporated towns and cities in the State of Maryland by such motor vehicles during the year for which said certificate is issued. Class "B." Motor vehicles weighing over three thousand (3,000) pounds and less than seven thousand (7,000) pounds * In force July 1, 1916. shall each be charged and pay one-eighteenth (1-18c.) of a cent per each passenger seat multiplied by the total number of miles that said application shall show will be traveled over State, State aid, improved county roads, and streets and roads of incorporated towns and cities in the State of Maryland by such motor vehicles during the year for which said certificate is issued. Class "C." Motor vehicles weighing over seven thousand (7,000) pounds shall each be charged and pay one-fourteenth (1/14c.) of a cent per each passenger seat, multiplied by the total number of miles that said application shall show, will be traveled over State, State aid, improved county roads, and streets and roads of incorporated towns and cities in the State of Maryland by such motor vehicles during the year for which said certificate is issued. 1916, ch. 610, sec. 2. 470. Each and every such motor vehicle so registered shall operate only on the route and schedule set forth in said application during the year for which said license is issued. It shall be the duty of the Motor Vehicle Commissioner, upon the pres entation of a permit from the Public Service Commission of Maryland, authorizing the motor vehicle owner to operate on a certain route, to furnish the motor vehicle owner with a distinguishing plate or marker, which, in addition to the other matters otherwise by law provided to be placed thereon, shall bear the letter stating the class under which such vehicles shall operate, such as A-No......, B-No......, and C-No...... No such motor vehicle owner shall change said schedule or route of his motor vehicle during any year for which a certificate has been issued, without a permit, in writing, made in duplicate, from the Public Service Commission of Maryland, a copy of which shall be sent to the Motor Vehicle Commissioner before said schedule is changed, whereupon a proper readjustment of charges shall be made upon the basis aforesaid. But nothing in this Act shall be construed to prevent an owner or operator of such regularly licensed vehicles from replacing in an emer gency such vehicles by a substitute vehicle in order to maintain |