742 CORPORATIONS. [ART. 23

tion or person in a violation of this sub-title, or in a failure to obey,
observe or comply with any such order, shall be guilty of a misde-
meanor.

In construing and enforcing the provision of this sub-title relating
to forfeitures and penalties, the act of any director, officer or other
person acting for or employed by any common carrier, railroad corpora-
tion, street railroad corporation or other corporation subject to this
sub-title, acting within the scope of his official duties or employment,
shall be in every case and be deemed to be the act of such common
carrier or corporation or person.

An action to recover a penalty or a forfeiture under this sub-title may
be brought in any court of competent jurisdiction in this State in the
name of the State of Maryland, and shall be commenced and prosecuted
to final judgment by counsel to the commission. In any such action
all penalties and forfeitures incurred up to the time of commencing the
same may be sued for and recovered therein and the commencement of
the action to recover a penalty of or forfeiture shall not be, or be held
to be, a waiver of the right to recover any other penalty or forfeiture;
if the defendant in such action shall prove that during any portion of
the time for which it is sought to recover penalties or forfeitures for a
violation of an order of the commission the defendant was actually and
in good faith prosecuting a suit, action or proceeding in the courts to
set aside such order, the court shall remit the penalties or forfeitures
incurred during the pendency of such suit, action or proceeding. All
moneys recovered in any such action, together with the costs thereof,
shall be paid to the state treasurer, except one-fourth of the moneys
recovered (exclusive of costs), which shall be paid to the mayor and
city council of Baltimore. '

1910, ch. 180, sec. 29 (p. 373).

441. The commission may investigate freight rates on interstate
traffic of common carriers within the State, and when such rates are in
the opinion of the commission, excessive or discriminatory, or are levied
or laid in violation of the interstate commerce law, or in conflict with
the ruling, orders or regulations of the interstate commerce commis-
sion, the commission may apply by petition to the interstate commerce
commission for relief, or may present to the interstate commerce com-
mission all facts coming to its knowledge, as to violation of the rulings,
orders or regulations of that commission, or as violations of the interstate
commerce law.

See sections 275, 327, 336, 427 and 435.

1910, ch. 180, sec. 30 (p. 373).

442. The commission shall, whenever it may deem it desirable to
do so, investigate and ascertain the fair value of property of any corpo-
ration subject to the provisions of this sub-title and used by it for the
convenience of the public. For the purpose of such investigation the
commission is authorized to employ such engineers, experts and other