MISCELLANEOUS BILLS. 373.

State in the name of the State of Maryland, and shall be com-
menced and prosecuted to final 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 for-
feiture; if the defendant in such action shall prove that during
any portion of the time for which it is sought to recover penal-
ties 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 dur-
ing 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 ther
moneys recovered (exclusive of. costs), which shall be paid to
the Mayor and City Council of Baltimore.

SEC. 29. And be it further enacted, That the Commission,
may investigate freight rates on interstate traffic of common
carriers within the State, and when such rates are, in the opin-
ion 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 Commission may apply by petition
to the Interstate Commerce Commission for relief, or may pre-
sent to the Interstate Commerce Commission all facts coming
to its knowledge, as to violation of the rulings, orders or regu-
lations of that commission, or as violations of the interstate
commerce law.

As TO INTERSTATE TRAFFIC.

SEC. 30. And be it further enacted, That 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 Act and used by it for the-
convenience of the public. For the purpose of such investiga-
tion the Commission is authorized to employ such engineers,
experts and other assistants as may be necessary. Such inves-
tigations 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-
of its property in each of the several counties and municipali-
ties within the State of Maryland. Every such valuation shall
be so made and ascertained by the Commission that as far as^;