ART. 23] POLICE 711

Baltimore city, the city having given its assent to the use of its streets.
Brown v. Md. Telephone Co., 101 Md. 577.

For a case involving the validity of a municipal ordinance, ultra vires when
made but subsequently ratified by the legislature; the effect of a compliance
by a telephone company with the conditions of such ordinance; and the
proper remedy to enforce the rights of the telephone company thereunder;
see Chesapeake, etc.. Telephone Co. v. Baltimore City, 89 Md. 689.

See sec. 357, et seq., and notes to sec. 402.

Police.

1904, art. 23, sec. 402. 1888, art. 23, sec. 288. 1880, ch. 460, sec. 221.

1906, ch. 769.

406. Corporations owning or using any railroad, steamboat, canal,
furnace, colliery or rolling mill in this State, may jointly or severally
apply to the governor to commission such persons as the said corpora-
tion or eorporations may designate to act as policemen for the protection
of the property of said corporation or corporations, and for the preserva-
tion of peace and good order on their respective premises, railroad
trains or steamboats, providing that such policemen must be citizens
of the State of Maryland.*

A steamboat or railroad company is liable for an unauthorized arrest made
by a policeman appointed under this section, if such arrest was made for the
purpose of protecting property or of recovering it back; contra, if the arrest
is made for the purpose of punishing the person arrested, unless the arrest is
previously authorized or subsequently ratified. In other words, the liability
of the company depends upon whether the policeman was acting at the time
as an employee of the company, within the scope of his employment, or as an
officer of the state. Case properly submitted to the Jury. B., C. & A. Ry. Co.
v. Ennalls, 108 Md. 78; B. & O. R. R. Co. v. Strube, 111 Md. 126; Tolchester
Co. v. Scharnagl, 105 Md. 210; B. & O. R. R. Co. v. Deck, 102 Md. 660; Tol-
chester Co. v. Steinmeier, 72 Md. 315.

Ibid. sec. 403. 1888, art. 23, sec. 289. 1880, ch. 460, sec. 222.

407. The governor, upon such application, may, if he thinks it
proper so to do, appoint such persons, or so many of them as he may
deem proper, to be such policemen; and shall issue to each person so
appointed a commission, and shall transmit such commission to such
clerk's office in the State as may, by such corporation or corporations,
be designated, and he may revoke and annul any such appointments at
his pleasure.

See notes to sec. 406.

Ibid. sec. 404. 1888, art. 23, sec. 290. 1880, ch. 460, sec. 223.

408. Every policeman so appointed shall, before entering upon the.
duties of his office, take and subscribe before a justice of the peace of
the county or city in which his commission may be received, the oath or
affirmation prescribed by the fourth section of the first article of the
constitution, which oath or affirmation shall be recorded in the clerk's

*By the act of 1906, ch. 471, the board of police commissioners of Baltimore
city was authorized to appoint special policemen upon the application of any
corporation or person in the city of Baltimore.