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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 826   View pdf image (33K)
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826 ARTICLE 23.

practices, equipment, appliances and service to be in force and to be ob-
served in respect to such transportation of persons, freight and property,
and so fix and prescribe the same by order to be served upon every common
carrier or other corporation to be bound thereby; and thereafter it shall be
the duty of every such common carrier or other corporation to observe and
obey each and every requirement of every such order so observed upon it,
and to do everything necessary or proper in order to secure absolute com-
pliance with and observance of every such order by all its officers, agents or
employees. The commission shall have power by order to require any two
or more common carriers whose lines, owned, operated, controlled or leased,
form a continuous line of transportation, or which could be made to do so
by the construction and maintenance of switch connection, to establish
through routes and joint rates, fares and charges for the transportation of
passengers, freight and property within the State as the commission may by
its orders designate; and in case such through routes and joint rates be not
established by the common carriers named in any such order within the
time specified therein, the commission shall establish just and reasonable
rates, fares and charges to be charged for such through transportation and
declare the portion thereof to which each common carrier affected thereby
shall be entitled and the manner in which the same shall be paid and
secured.

If, in the judgment of the commission, repairs or improvements to or
changes in any tracks, switches, terminals or terminal facilities, stations,
motive power, or any other property, construction apparatus, equipment,
facilities or device used by any common carrier, railroad corporation or
street railroad corporation in or in connection with the transportation of
passengers, freight or property, ought reasonably to be made, or any addi-
tions should reasonably be made thereto, in order to promote the security
or convenience of the public or employees, or in order to secure adequate
service or facilities for the transportation of passengers, freight or prop-
erty, the commission shall, after a hearing, either on its own motion or
after complaint, make and serve an order directing such repairs, improve-
ments, changes or additions to be made within a reasonable time and in a
manner to be specified therein, and every common carrier, or other such
corporation subject to the provisions of this sub-title, is hereby required and
directed to make all repairs, improvements, changes and additions required
of it by any order of the commission served upon it.

The public service commission law does not withdraw from a corporation the
control of its financial policy. Commission has no jurisdiction to direct establish-
ment of depreciation reserve and annual addition thereto. Supervision of com-
mission over corporate accounts. Function of court in reviewing finding of commis-
sion as to reasonable rates. Burden of proof. Fair value of bridge held to be the
issue, rather than original cost or cost of acquisition. Method of finding value.
Rates, and allowance for maintenance, held unreasonable. Havre de Grace Bridge
Co. v. P. S. C. of Md., 132 Md. 26.

Limitations of power of commission to fix intrastate tariffs and rates. How. rea-
sonableness of rates is determined. Nature of commutation service. Not all dis-
criminations are condemned by law. Rates must be reasonable, but not confiscatory;
meaning of latter term. Upon a bill for injunction restraining the execution of an
order of commission, the court may not determine what are reasonable rates or
establish rates, but only whether rates fixed by commission are unreasonable or
unlawful; rates fixed by commission prima facie proper. Practical experience held

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 826   View pdf image (33K)
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