870 ARTICLE 23

the county for the time being, passed upon hearing of all parties interested,
no injury will be done by such connection to the railroad of said corporation.
See notes to sec. 181.

An. Code, 1924, sec. 186. 1912, sec. 252. 1904, sec. 234. 1888, sec. 151. 1868, ch. 471, sec. 145.

187. Any corporation authorized by sections 245 of Article 23 of the
Annotated Code of 1912 and 181 of this article to construct the railroad
therein mentioned, may charge any citizen or corporation connecting with
its said railroad, when using their own cars, a rate not exceeding two cents
per ton per mile, on all coal or other articles that may be transported on the
railroads of said corporation, from any point on said road to the Chesapeake
and Ohio canal, or to the Baltimore and Ohio railroad, or other lines of
canals and railroads; provided, that the said corporation shall return the
empty cars of such citizen or corporation to the point from, whence they
started, free of charge.

See secs. 370, 381 and 395, and notes to sec. 181.

An. Code, 1924, sec. 187. 1912, sec. 253. 1904, sec. 235. 1888, sec. 152. 1868, ch. 471, sec. 149.

188. No cars shall be placed on any railroad of any such corporation
as aforesaid, unless they be adapted in size and all necessary particulars
to said railroad, in accordance with the regulations of the said corporation,
which shall always provide the necessary motive power for running said
cars; and the said cars shall be in the exclusive care and charge of said
corporation whilst on its railroad.
See notes to sec. 181.

An. Code, 1924, sec. 188. 1912, sec. 254. 1904, sec. 236. 1888, sec. 153. 1868, ch. 471, sec. 147.

189. No railroad built by any mining or other corporation under the
eight¹ preceding sections of this article shall be more than ten miles in
length.

See notes to sec. 181.

An. Code, 1924, sec. 189. 1912, sec. 255. 1904, sec. 237. 1888, sec. 154. 1868, ch. 471, sec. 148.

190. Every railroad constructed under the preceding provisions of this
article shall be furnished with all necessary means for the transportation
of all persons and property that may be offered for transportation thereon;
and in all cases other than that provided for in section 187 of this article,
or in all cases in which the said corporation furnishes the said cars and
motive power, and is subject to all the expenses of transportation, it shall
be authorized to charge rates not exceeding two and a half cents per ton
per mile on all coal or other articles, and two cents per mile for every pas-
senger that may be transported on said road.

This section does not mean that no mining company can construct a railroad unless it
owns rolling stock with which to operate it; traffic arrangements may be made with a
railroad company. New York Mining Co. v. Midland Mining Co., 99 Md. 514.

See secs. 370, 384 and 395, and notes to sec. 181.

An. Code, 1924, sec. 190. 1912, sec. 256. 1904, sec. 238. 1888, sec. 155. 1868, ch. 471, sec. 146.

191. Any railroad that may hereafter be constructed or purchased by
any such corporation formed under this article shall be so located or used
as to occupy as little space at the passage through the gap at Will's moun-
tain, near Cumberland, as may be compatible with the full and convenient

¹ Sec. 245 of the 1912 edition was repealed by ch. 417 of 1918.