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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 293   View pdf image (33K)
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CORPORATIONS. 293

sion, held that the Court of Appeals would accept such decision in a suit to
condemn land for the purpose. Improvement Co. v. Gas, etc., Co., 156 Md. 581.

Corporation constructing pipe line through state for transmission of gas,
without intention of distributing gas therefrom to Maryland consumers, does not
need permission of P. S. C. Pub. Serv. Commn, v. Gas, etc, Corp., 162 Md. 288.

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

This section referred to in construing sec. 178. Purnell v. Ocean City, 162
Md. 174.

An. Code, 1924, sec. 391. 1914, ch. 445, sec. 33 1/2. 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.

Cited but not construed in Potomac Bd. Co. v. Pub. Serv. Commn., 165 Md. 472.

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

394.

Since sec. 369 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.

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

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.

399.

Cited but not construed in Potomac Ed. Co. v. Pub. Serv. Commn., 165 Md. 472.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 293   View pdf image (33K)
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