936 ARTICLE 23

An. Code, 1924, sec. 347. 1914, ch. 445, sec. 1£.

345.¹ The term "common carrier," when used in this sub-title, shall like-
wise include all automobile transportation companies, and all persons and
associations of persons, whether incorporated or not, operating automobiles
or motor cars, or motor vehicles, for public use in the conveyance of per-
sons or property within this State; and every municipal corporation of this
State engaged in the business of manufacturing and supplying or of sup-
plying gas or electricity for other than municipal purposes shall be included
within the terms "Gas Corporation" and "Electrical Corporation," as
defined in the next preceding section of this sub-title, and shall be subject
as other gas and electrical corporations are to the provisions of this
sub-title.

Subsequent to decision in Hagerstown v. Littleton, 143 Md. 595, P. S. C. refused
Hagerstown authority to issue bonds for construction of electric light; plant. Necessity
of applying to P. S. C. for authority to issue bonds for such construction, notwith-
standing amendment of this section and sec. 401 by act 1924, ch. 48, and passage of
act 1924, ch. 380, authorizing issue of bonds. Classification of cities for purpose of
legislation. See notes to art. 3, sec. 33, of Constitution. Injunction. Littleton v, Hagers-
town, 150 Md. 166 (cf. dissenting opinion). But see Public Serv. Commn, v. Byron, 153
Md. 483, and notes to sec. 409.

This section referred to in construing secs. 294-310 of art. 56. Public Serv. Commn, v.
Williams, 167 Md. 330.

See notes to sec. 388.

City of Hagerstown required under this section and sec. 401 to obtain the authority
of the public service commission before constructing and operating an electric light plant
for the sale of current to residents of that city, and before issuing bonds for that pur-
pose. Injunction. Hagerstown v. Littleton, 143 Md. 595.

See notes to sec. 344.

An. Code, 1924, sec. 348. 1916, ch. 272, sec.1 3/4 1929, ch. 482.

346. The term Common Carrier when used in this sub-title shall like-
wise include all bridges now or hereafter erected by any corporation author-
ized to charge and collect toll from persons using the same as foot passen-
gers and for vehicular traffic of every kind.

Public service commission law does not withdraw from a corporation the control of
its financial policy. Commission has no jurisdiction to direct establishment of deprecia-
tion reserve and annual addition thereto. Supervision of commission over corporate
accounts. Function of court in reviewing finding of commission as to reasonable rates.
Burden of proof. Fair value of bridge held to be the issue rather than original cost or
cost of acquisition. Method of finding value. Rates, and allowance for maintenance,
held unreasonable. Havre de Grace Bridge Co. v. P. S. C. of Md., 132 Md. 18.

An. Code, 1924, sec. 349. 1912, sec. 414. 1910, ch. 180, sec. 2 (p. 342). 1914, ch. 750.
1916, ch. 713, 1924, ch. 534, sec. 414., 1927, ch. 201, sec. 2.

347. There shall be a public service commission, and the same is hereby
created and established, which said public service commission shall be
vested with and possessed of the powers and duties in this sub-title speci-
fied, and also all powers necessary or proper to enable it to carry out fully
and effectually all the purposes of this sub-title.

The said public service commission shall consist of three members, all
of whom shall be appointed by the Governor, and one of whom shall be
designated by the Governor to be and, upon so being designated, shall be
the chairman of said commission.

Each commissioner, at the time of his appointment and qualification,
shall be a resident of the State of Maryland, and shall have resided in said
State for a period of at least five years next preceding his appointment and

¹ The act of 1924, ch. 48, having been declared unconstitutional in Littleton v. Hagers-
town, 150 Md. 163—see also P. S. C. v. Byron, 153 Md. 484—this section is codified as
it stood prior to the act of 1924.