LICENSES. 357

Commissioner of Motor Vehicles for certificates of registration issued by
him, of one-fifth (1/5) of a cent per each ton which such motor vehicle,
including its capacity load, shall weigh, multiplied by the total number of
miles that said application shall show will be traveled by such motor vehi-
cle over State, State Aid, improved county roads and streets and roads of
incorporated towns and cities in the State of Maryland, during the year
for which said certificate is issued, and no other additional fees, license,
or tax shall be charged by the State or any county or municipal sub-division
of the State, except the property tax, in respect to such vehicles or their
operation. A copy of the application filed with the Commissioner of Motor
Vehicles shall be forwarded to the State Roads Commission, which shall
thereupon compute the fee payable by such motor vehicle owner for each
motor vehicle for which application for registration has been made. Such
computation shall be based upon the mileage to be traversed by said motor
vehicles upon all roads having a hard, smooth surface, composed of gravel,
shells crushed stone, concrete or other similar substances. The State Roads
Commission shall have authority, in disputed cases, to determine which
roads and streets upon which such motor vehicles are to be operated should
be included in the computation. The State Roads Commission after mak-
ing such computation, shall forthwith certify the same to the Commissioner
of Motor Vehicles, whereupon the fee shown to be payable by said com-
putation shall be immediately paid by such motor vehicle owner to the
Commissioner of Motor Vehicles.

A dairy company which collects milk in its trucks from producers on regularly

scheduled routes is subject to provision of this and following sections. Pub.

Serv. Commn. v. West. Md. Dairy 150 Md. 643 (decided prior to Act 1927, ch.

152).

See notes to sec. 259 and 262.

An. Code, 1924, sec. 259. 1924, ch. 291. sec. 195A. 1527, ch. 152, sec. 259.

259. All motor vehicles, except when used exclusively for hauling milk
to cooling stations or freight platforms in the counties, operating for hire
over the improved roads and streets of this State or any county or munic-
ipality thereof on regular schedules or between fixed termini, including
those used by corporations, groups of individuals and associations engaged
in the transportation of freight or merchandise of their stockholders, share-
holders or members, whether on the co-operative plan or otherwise, shall
be subject to the provisions of this sub-title, except that the public duties
of a common carrier shall not thereby be imposed on the owner of any such
vehicle not actually engaged in public transportation.

This section constitutional exercise of legislative power. Under sec. 264 it is
duty of Commissioner of Motor Vehicles to prosecute violation; injunction
denied. Public business. See notes to art. 23, secs. 346 and 379. Rutledge Assn.
v. Baughman, 153 Md. 298 (arose prior to Act 1927, ch. 152).

An. Code, 1924, sec. 260. 1912, sec. 196. 1916, ch. 714, sec. 2. 1927, ch. 152, sec. 260.

260. Except as hereinafter provided, each and every such motor vehicle
so registered shall operate only on the route and schedule set forth in said
application during the year for which said license is issued. It shall be
the duty of the Commissioner of Motor Vehicles, upon the presentation of