384 LAWS OF MARYLAND.
Commission, for the purpose of having such violation stopped
and prevented either by mandamus or injunction. Counsel to
the Commission shall thereupon begin such action or proceed-
ing by a petition in any of said courts, as the case may require,
alleging the violation or the threatened violation complained
of, and praying for appropriate relief by way of mandamus
or injunction. It shall thereupon be the duty cf the court
to specify the time, not exceeding twenty days after service
of a copy of the petition, within which the gas corporation
or electrical corporation complained cf must answer the peti-
tion. In case of default in answer or after answer, the court
shall immediately inquire into the facts and circumstances in
such manner as the court shall direct, without other or formal
pleadings, and without respect to any technical requirement.
Such other persons or corporations as it shall seem to the
court necessary or proper to join as parties in order to make
its order, judgment or writs effective may be joined as parties
upon application of Counsel to the Commission. The final
judgment in any such action or proceeding shall either dismiss
the action or proceeding, or direct that a writ of mandamus
or an injunction issue as prayed for in the petition, or in such
modified or other form as the court may determine will afford
the appropriate relief.
If it be alleged and established in an action brought in any
court for the collection of any charge for gas or electricity,
that a price has been demanded in excess of that fixed by the
Commission, or by law in the municipality or county wherein
the action arose, no recovery shall be had therein, but the fact
that such excessive charges have been made shall be a complete
defense to such action.
TELEPHONE AND TELEGRAPH COMPANIES.
SEC. 39. And be it further enacted, That this Act shall
apply to telegraph companies, telephone companies, telephone
lines and telegraph lines within this State, and to persons and
corporations engaged in the transmission of intelligence within
this State by telephone or telegraph.
The Commission shall have within its discretion (1) general
supervision of all persons having authority under any general
or special law or under any charter or franchise to lay down or
erect on maintain poles, wires, pipes, conduit's or other fixtures
in, over or under the streets, highways and public places for
the purpose of furnishing facilities for the Iransmission of in-
telligence by electricity. (2) Shall investigate and ascertain,
from time to time, the service supplied by such persons and
corporations; shall examine all the methods employed by such
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