1278 LAWS OF MARYLAND. [CH. 732

Maryland (1939 Edition), title "Corporations", sub-title
"Public Service Commission", be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

372. Whenever the Public Service Commission, pending am
investigation had upon its own motion, or upon complaint,
is of the opinion and so finds after an examination of any
report or reports, annual or otherwise, filed with the Com-
mission by any public service corporation, together with any
other facts or information which the Commission may acquire
or receive. from an investigation of the books, records, or
papers, or from an inspection of the property of such public
service corporation, that the operating income of such public
service corporation, after reasonable deductions for deprecia-
tion and other proper and necessary reserves, is in excess of
the amount required for a reasonable return upon the value of
said public service corporation's property, used and useful in
rendering its service to the public, and if the Commission is of
the opinion and so finds in said cause that a hearing to deter-
mine all of the issues involved in a final determination of rates*
will require more than ninety (90) days, the Commission shall
have the power, in case of such emergency, and it is hereby
given authority, to enter a temporary order, after not less than
ten (10) days' notice to said public service corporation of its
contemplated action and affording to it reasonable opportunity
to introduce evidence and to be heard thereon, fixing a tem-
porary schedule of rates, which order shall be forthwith bind-
ing upon said public service corporation; provided, however,
that the Commission's power to order reductions in rates and
charges of any public service corporation by means of such
temporary order is limited to reductions which will absorb not
more that the amount found by the Commission to be in excess
of the amount of operating income, as determined by the Com-
mission, necessary to provide a reasonable return on the value
of the property of said public service corporation as found by
the Commission as aforesaid; and provided, further, however,
that no such temporary order shall remain in force or effect
for a longer period than nine (9) months from its effective
date, and a further period not to exceed three (3) months in
addition if so ordered by the Commission; and provided,
further, that if upon a final disposition of the issues involved
in such proceeding, the rates or charges as finally determined
by said Commission, or the court having jurisdiction of the
subject matter, are in excess of the rates and charges pre-
scribed in said temporary order, then and in such event, such
public service corporation shall be permitted, over such reason-
able time as the Commission shall fix, to amortize and recover,
by means of a temporary increase over and above the rates and
charges finally determined, such sum as shall represent the