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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 851   View pdf image (33K)
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CORPORATIONS. 851

Every proceeding, action or suit to set aside, vacate or amend any deter-
mination or order of the commission, or to enjoin the enforcement thereof
or to prevent in any way such order or determination from becoming effec-
tive, shall be commenced, and every appeal to the courts or right or recourse
to the courts shall be taken or exercised within sixty days after the entry
or rendition of such order or determination, and the right to commence
any such action, proceeding or suit, or to take or exercise any such appeal
or right of recourse to the courts, shall determine absolutely at the end of
such sixty days after such entry or rendition thereof.

No injunction shall issue suspending or staying any order of the com-
mission, except upon application to one of the judges of the supreme bench
of Baltimore city, or to the circuit court of one of the counties, and upon
notice to the commission and after hearing.

Public Service Commission Law does not withdraw from a corporation the con-
trol of its financial policy. Commission has no jurisdiction to direct establishment
of depreciation reserve and annual addition thereto. Supervision of commission
over corporate accounts. Function of court in reviewing finding of commission 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. 18.

Courts may restrain by preliminary injunction the violation by a public service
corporation of order of the P. S. C. An order of the commission remains in force
until it is revoked or restrained as pointed out in this and the two following sec-
tions. Duty of obedience is imperative and mandatory. Distinction between the
proceeding under this section and under sec. 383. The express mention of an in-
junction in sec. 383 does not exclude court's power to issue a preliminary injunction.
Preliminary injunction should have issued. Public Service Comn. v. Kensington
R. R. Co., 131 Md. 654.

In view of this section and sec. 407, the Public Service Commission Law is not
open to the objection that it allows no appeal to the courts. Delay in objecting to
order. See notes to secs. 304 and 346. Gregg v. Public Service Commission, 121
Md. 32.
See notes to secs. 346, 368, 379, 405 and 408.

An. Code, sec. 458. 1910, ch. 180, sec. 44 (p. 389).

405. If, upon the trial of such action, evidence shall be introduced
by the plaintiff which is found by the court to be different from that offered
upon the hearing before the commission, or any commissioner, or addi-
tional thereto, the court, before proceeding to render judgment, unless the
parties to such action stipulate in writing to the contrary, shall transmit
a copy of such evidence to the commission and shall stay further proceed-
ings in said action for fifteen days from the date of such transmission.

Upon the receipt of such evidence the commission shall consider the
same and may alter, modify, amend or rescind its order relating to such
rate, or rates, tolls, charges, schedules, joint rate or rates, regulations,
practice, act or service complained of in said action, and shall report its
action thereon to said court within ten days from the receipt of such
evidence.

If the commission shall rescind its order complained of, the action shall
be dismissed; if it shall alter, modify or amend the same, such altered,
modified or amended order shall take the place of the original order com-
plained of, and judgment shall be rendered thereon as though made by the
commission in the first instance.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 851   View pdf image (33K)
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