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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 291   View pdf image (33K)
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CORPORATIONS. 291

service, without the permission and approval of the Commission first ob-
tained, after due hearing, and the determination by the Commission that
the present or future public convenience or necessity permit of such aban-
donment or discontinuance of the exercise of such franchise or right.

This section referred to in construing art. 56, secs. 251-257A. Pub. Serv.
Commn, v. Williams, 167 Md. 330.

Cited in holding valid ch. 49(7, 1931, exempting W., B. & A. B. E. Co. Williams
v. Mayor, 289 U. S. 45.

Approval of Public Service Commission before carrier may abandon exercise
of any franchise held to apply to mere voluntary action by carrier and not to
abandonment required by contract or operation of law. Duvall Co. v. W., B. &
A. Elec. R. Co., 60 Fed. (2nd), 315.

1929, ch. 520.

380A. In all proceedings before the Commission in which the permis-
sion, approval, authority or consent of the commission shall be applied for
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.

This section referred to In construing art. 56, secs. 251-257A. Pub. Serv.
Commn, v. Williams, 167 Md. 330.

381.

Cited but not construed in Potomac Ed. Co. v. Pub. Serv. Commn., 165 Md. 472.
Cited in dissenting opinion in United Railways v. West, 280 U. S. 258.
See notes to sec. 347 and to art. 3, sec. 33. of Constitution.

1933, ch. 381.

381A. No corporation subject to the provisions of this sub-title, organ-
ized or existing, or hereafter incorporated, under or by virtue of the laws
of the State of Maryland, shall assume any obligation or liability as lessor,
lessee, guarantor, indorser, surety, or otherwise, in respect of the stock,
bonds, notes or other evidence of indebtedness, payable at periods of more
than twelve months after the date thereof, of any other corporation, or of
any person, partnership or association, without the authorization of the
Commission first obtained, and the determination by the Commission
that such assumption of obligation or liability is lawful and proper and
consistent with the public interest.

383.

Cited but not construed in Ruark v. Engineers' Union, 157 Md. 585.

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.

Cited but not construed in Potomac Ed. Co. v. Pub. Serv. Commn., 165 Md. 459.

See notes to secs. 373 and 392.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 291   View pdf image (33K)
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