1168 LAWS OF MARYLAND. [CH. 479

Commission: the intent of said Act being that the horse power
charge should be either eliminated entirely or be reduced as
much, as possible so that the amount realized from the gasoline
tax plus the amount realized from the registration fees would
not exceed the amount theretofore realized from the registra-
tion fee under then existing horse power rates; and

WHEREAS, The Governor of the State of Maryland, acting
under and in accordance with the terms and provisions of said
Act fixed the rate at thirty-two cents per horse power; and

WHEREAS, Under the terms and provisions of said Act said
rate of thirty-two cents per horse power was applicable for
the year 1924 to all gasoline propelled motor vehicles equipped
with pneumatic tires except those operating as aforesaid under
a franchise over a prescribed route; and

WHEREAS, The Commissioner of Motor Vehicles refused to
permit said rate of thirty-two cents per horse power to apply
to any motor vehicles used for hiring purposes, and refused to
issue to the owners thereof registration cards and tags or
markers for the year 1924, except at the rate of one dollar and
twenty cents per horse power as prescribed in the Act of 1920;
and

WHEREAS, Suit was instituted in a test case to secure a
judicial construction of said Act and to compel the Commis-
sioner of Motor Vehicles to issue registration cards and mark-
ers or tags for the year 1924 for all hiring cars which were
propelled by gasoline and equipped with pneumatic tires; and

WHEREAS, The lower Court ruled against the said Commis-
sioner of Motor Vehicles and held that under the terms and
provisions of said Chapter 522 of the Acts of 1922, the thirty-
two cent per horse power rate was applicable to all gasoline
propelled motor vehicles equipped with pneumatic tires, includ-
ing those operating for the purpose of transporting persons or
freight for hire, other than those operating upon fixed schedules
under a franchise, and said ruling having since been affirmed
by the Court of Appeals; and

WHEREAS, Those owners of hiring cars whose business neces-
sitated the use of their said cars from and after January 1,
1924, had no other alternative than to pay the dollar and
twenty cents per horse power rate demanded by the Commis-
sioner of Motor Vehicles, but which said charge over and
above thirty-two cents per horse power was illegal and without
warrant of law; and