970 ARTICLE 23

judgment by counsel to the commission. In any such action all penalties
and forfeitures incurred up to the time of commencing the same may be
sued for and recovered therein and the commencement of the action to
recover a penalty of or forfeiture shall not be, or be held to be, a waiver
of the right to recover any other penalty or forfeiture; if the defendant in
such action shall prove that during any portion of the time for which it is
sought to recover penalties or forfeitures for a violation of an order of the
commission the defendant was actually and in good faith prosecuting a
suit, action or proceeding in the courts to set aside such order, the court
shall remit the penalties or forfeitures incurred during the pendency of
such suit, action or proceeding. All moneys recovered in any such action,
together with the costs thereof, shall be paid to the state treasurer, except
one-fourth of the moneys recovered (exclusive of costs), which shall be
paid to the mayor and city council of Baltimore.

A petition filed by the Public Service Commission under this section held good on
demurrer. Where the owner of a truck hires it to B for the purpose of transporting
such persons as the latter designates, he is a common carrier and must secure a permit
from the Public Service Commission. Towers v. Wildason, 135 Md. 677, distinguished.
Goldsworthy v. Public Service Comm., 141 Md. 676.

Bill for injunction filed under this section, properly dismissed—see notes to sec. 344.
Towers v. Wildason, 135 Md. 682.

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

This section referred to in construing see. 373—see notes thereto. Smith v. Northern
Central Ry. Co., 119 Md. 484.

See notes to secs. 391 and 415.

An. Code, 1924, sec. 384. 1912, sec. 441. 1910, ch. 180, sec. 29 (p. 373).

395. The commission may investigate freight rates on interstate traffic
of common carriers within the State, and when such rates are, in the opinion
of the commission, excessive or discriminatory, or are levied or laid in
violation of the interstate commerce law, or in conflict with the ruling,
Orders or regulations of the interstate commerce commission, the commis-
sion may apply by petition to the interstate commerce commission for
relief, or may present to the interstate commerce commission all facts com-
ing to its knowledge, as to violation of the rulings, orders or regulations
of that commission, or as violations of the interstate commerce law.

Cited in Inter-Island Co. v. Hawaii, 305 U. S. 312.

See secs. 213, 266, 272, 370 and 381.

An. Code, 1924, sec. 385. 1912, sec. 442. 1910, ch. 180, sec. 30 (p. 373).

396. The commission shall, whenever it may deem it desirable to do
so, investigate and ascertain the fair value of property of any corporation
subject to the provisions of this sub-title and used by it for the convenience
of the public. For the purpose of such investigation the commission is
authorized to employ such engineers, experts and other assistants as may
be necessary. Such investigations shall be prosecuted with diligence and
thoroughness, and the results thereof reported to the legislature at each
regular session. Such valuation shall show the value of the property of
every such corporation as a whole, and the value or its property in each of
the several counties and municipalities within the State of Maryland.
Every such valuation shall be so made and ascertained by the commission
that as far as possible it shall not disturb the value of bonds of said cor-
poration issued prior to April 5,1910.

Every such corporation shall furnish to the commission from time to
time, and as the commission may require, maps, profiles, contracts, reports
of engineers and other documents, records and papers, or copies of any and