134 ARTICLE 23.

under the provisions of Sections 379, 380, 390, 391 or 394 of this sub-title,
the commission may require that it be shown by clear and satisfactory evi-
dence that the granting of such permission, approval, authority or consent
is required by, or consistent with, the public interest, in addition to com-
pliance with other requirements of said sections; and when such proof is
required hereunder the burden of proof shall be upon the applicant.

381:

See notes to sec. 347 and to air. 3, sec. 33, of Constitution.

385.

Value of United Railways of Baltimore for purpose of fixing rate base; ease-
ments in streets; valuation for tax purposes. Value of property based on earn-
ings excluded. Fair return. Miles v. Pub. Serv. Commn., 151 Md. 338.

See notes to secs. 373 and 392.

386.

Commission has no jurisdiction to authorize sale by municipality of property
dedicated to public use; powers conferred upon commission are of a regulatory
nature and do not include either granting or withdrawal of franchises. Wor-
cester v. Hancock, 151 Md. 678.

See secs. 193A and 193B, and notes to sec. 382.

As to condemnation by gas companies, see sec. 337A.

388.

This section referred to in construing secs 337. 390 and 398—see notes thereto.
Kelly v. Consol. Gas, etc., Power Co., 153 Md. 537.

See notes to secs. 347, 392 and 39, and to art. 3, sec. 33, of Constitution.

An. Code, 1924, sec. 390. 1912, sec. 447. 1910, ch. 180, sec. 33 (p. 379).
1924, ch. 48, sec. 447. 1927, ch. 338.

390. No gas corporation or electrical corporation incorporated under
the laws of this or any other State shall begin construction, or exercise any
right or privilege under any franchise granted after April 5, 1910, or under
any franchise theretofore granted but not theretofore actually exercised,
or make any extension of its lines, works or system, without first having
obtained the permission and approval of the Commission; provided, that
such permission and approval shall not be necessary for any extension
within any city or town in which the said corporation has lawfully com-
menced operations, or for an extension within territory already actually
served by it, necessary or desirable in the ordinary course of business. Be-
fore such certificate shall be issued a certified copy of the charter of such
corporation shall be filed in the office of the Commission, together with a
verified statement of the president and secretary of the corporation, show-
ing that it has received the required consent of the proper municipal author-
ities. No municipality, except the Mayor and City Council of Baltimore,
shall build, maintain and operate for other than municipal purposes any
works or systems for the manufacture and supplying of gas or electricity
for lighting purposes without a certificate of authority granted by the Com-
mission. If the certificate of authority is refused, no further proceedings
shall be taken before the Commission, but a new application may be made
therefor after six months from the date of refusal.

Franchise from Havre de Grace held necessary before Gas & Electric Com-
pany could enter that city, and consent of P. S. C. necessary both to exercise of