786 ARTICLE 23.

thirty miles and not more than fifty miles, one cent a mile; where the dis-
tance is more than fifty miles, fifty cents; and one-half a cent for each mile
in excess of fifty miles.

See sec. 400 and note to sec. 304.

An. Code, sec. 370. 1904, sec. 335. 1892, ch. 387, sec. 232C.

306. The word " telephone " wherever used in sections 304 to 309,
shall be construed to include, and consist of a receiver, a transmitter, a
magneto or call-bell, or cell battery, a backboard, a battery box and all
necessary appliances now and hereafter in use for and constituting a tele-
phone equipment as now or heretofore rented by telephone companies to
their patrons and subscribers.

Definition of word " telephone " as set out in this section, has no application to

cases in which parties have entered into lawful contracts in which they fix for

themselves the terms of their contracts, and define what they are contracting for.

Simons Co. v. Maryland Telephone Co., 99 Md. 170. And see Maryland Telephone

Co. v. Simons Co., 103 Md. 139.
See notes to sec. 304.

An. Code, sec. 371. 1904, sec. 336. 1892, ch. 387, sec. 232D.

307. Every telephone company with wires wholly or partly within this
State and engaged in a general telephone business shall, within the local
limits of such telephone company's business, supply all applicants for tele-
phone connections and facilities with such connections and facilities, with-
out discrimination or partiality; provided such applicant comply or offer
to comply with all reasonable regulations of the company; and no such
company shall impose any conditions or restrictions upon any such appli-
cant that are not imposed impartially upon all persons or companies in
like situation, nor shall such companies discriminate against any individual
or company engaged in any lawful business, or between individuals or
companies engaged in the same business, by requiring, as a condition for
furnishing such facilities that they shall not be used in the business of the
applicant, or otherwise, for any lawful purpose.

This section referred to in construing sec. 337—see notes thereto. Webster v.
Susquehanna Pole Line Co., 112 Md. 427.
See sec. 400 and notes to sec. 304.

An. Code, sec. 372. 1904, sec. 337. 1892, ch. 387, sec. 232E.

308. Any owner, operator, agent or other person who shall collect or
receive1 for the rental or use of any such telephone and line any sum in
excess of the ratio fixed by sections 304 and 305 shall upon conviction be
fined not less than one hundred dollars for each offense.
See notes to sec. 304.

An. Code, sec. 373. 1904, sec. 338. 1894, ch. 207, sec. 232P.

309. But any person, firm or corporation may contract in writing or
partly in print and partly in writing, and not otherwise, with any indi-
vidual, company or corporation now or hereafter owning, controlling, man-
aging or operating any telephone line or lines within the limits of this
State, for such special form, description and amount of telephone equip-
ment and service, expressed in such contract, as such person, firm or cor-