1242 ARTICLE 4.

both inclusive, of Article 4, entitled "City of Baltimore," of the Code of
Public Local Laws of Maryland, or at such other rate or rates as may be
hereafter prescribed by law; provided, however, that the franchise or right
so granted to the United Railways and Electrio Company of Baltimore,
its successors and assigns in said roads, or any of them, may in the discre-
tion of the Board of Estimates so far as the same may be now perpetual,
be in perpetuity; provided, however, that nothing herein shall be con-
strued to make perpetual, or to grant in perpetuity, any franchise or right
whatsoever (as a franchise or right in perpetuity) which heretofore has
not been owned or enjoyed by the said United Railways and Electric
Company of Baltimore as and for a right perpetual, or franchise or right
in perpetuity.

M. & C. C. v. United Rys. & E., Co., 126 Md. 39.

1906. ch. 566, sec. 2.

800B. In view of the fact that the beds or parts of the beds, of said
roads, or some of them are now occupied by the United Railways and
Electric Company of Baltimore, and its rights in such roadbeds, or parts
of roadbeds, are proposed to be acquired by the Mayor and City Council
of Baltimore for the sole purpose of securing for the public the uncon-
ditional use thereof as public highways, the Board of Estimates is hereby
authorized, in its discretion, after the acquisition of said roadbeds, or
parts of roadbeds, by the Mayor and City Council of Baltimore, should
the United Railways and Electric Company of Baltimore, its successor
and assigns, apply for the franchise or right of using any of said roadbeds,
or part of roadbeds, for its railway lines, to fix the compensation or com-
pensations, to be paid therefor, without reference to any other applica-
tion, or applications, for the same franchises or rights by any other person
or corporation, and free from the obligation cast upon it by Section 37 of
Article 4, entitled "City of Baltimore," of the Code of Public Local Laws
of Maryland, to fix the compensation to the Mayor and City Council of
Baltimore in such cases at the largest amount that it may be able by
advertisements or otherwise to obtain for the franchise or right; provided,
however, that said compensation, or compensations, shall in no case be
fixed by said Board of Estimates at a lower sum. or sums than the sum
or sums which the Mayor and City Council of Baltimore shall have paid,
or become obliged to pay, unto said Company, whether as the result of
condemnation proceedings or otherwise, under the provisions of Chapter
274 of the Act of the General Assembly of Maryland for the year 1904,
for the purpose of acquiring the respective street railway franchises, ease-
ments, interests or rights now or hereafter possessed or enjoyed by said
Company in said respective roadbeds, or parts of roadbeds as to which
said application or applications for new franchises or rights shall or may
be made by said Company as aforesaid.

M. & C. C. v. United Rys. & E. Co., 126 Md. 39.