CORPORATIONS. 135

franchise and to construction of extension to Havre de Grace and over streets
thereof. Meaning of "charter" and "franchise. " Franchises defined. Charter
amended under art. 3, sec. 48, of Md. Constitution by act 1902, ch. 127. See
notes to sec. 398. Kelly v. Consol. Gas, etc., Power Co., 153 Md. 538 (cf. dissent-
ing opinion), (decided July 23, 1927).

See notes to secs. 347, 379, and to art. 3, sec. 33. of Constitution; see also notes
to art. 56, sec. 259, of Code. See sec. 380A.

An. Code, 1924, sec. 391. 1914, ch. 445, sec. 33%. 1924, ch. 542.
1927, ch. 473, sec. 391.

391. No gas corporation or electrical corporation incorporated under
the laws of this or any other State shall abandon or discontinue in whole
or in part, the exercise of any right or privilege under any franchise
granted to it in this State in so far as such right or privilege is then actu-
ally being exercised for the public service, without having first obtained
the permission and approval of the Commission, after due hearing and the
determination by the Commission, that the present or future public con-
venience or necessity permit of such abandonment or discontinuance of the
exercise of such franchise or right.
See sec. 380A.

392.

Jurisdiction of commission begins when company starts to use its granted
powers and extends to activities affecting public interest. Commission has no
Jurisdiction over substitution of stock of no par value for par stock. Issue of
unissued shares, within this section. This section prospective, but not exclusive,
in its application. Pub. Serv. Commn. v. Consol. Gas Co., 148 Md. 96.

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

394.

Since sec. 359 provides for appeal to courts to set aside order of Public Service
Commission as being unreasonable, the discretion vested in commission by this
section is limited to a reasonable exercise of commission's power in public Inter-
est. Acquisition of stock by an electrical company in another such corporation.
If commission's reason for its finding is insufficient, its order should be reversed.
Utilities Co. v. Pub. Serv. Commn., 154 Md. 447.

See secs. 193A, 193B and 380A.

397.

See notes to sec. 392.

398.

This section read in connection with sec. 379, provides that the construction
of an electric light and power system, or any extension thereof, shall not be
begun without first securing the approval of the P. S. C. This section removes
any doubt as to the construction of sec. 390. Kelly v. Consol. Gas, etc., Power
Co., 153 Md. 540.

See notes to sec. 379.

404.

Inasmuch as the commission is named to uphold validity of its order, It be-
comes the representative of all interests save. those attacking order; City of
Hagerstown proper, but not necessary, party. Waiver of venue. Suit properly
begun in Baltimore City rather than Washington County. Sec. 409 Imposes no
limitation upon portion of this section re where suit may be brought. Pub. Serv.
Commn. v. Byron, 153 Md. 468.
See notes to sec. 373.