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ART. XXIII] PUBLIC SERVICE COMMISSION. 163
Public Service Commission.
413.
It is immaterial whether a water supply is being furnished by an indi-
vidual or a corporation; all alike are within the jurisdiction of the com-
mission under the express language of the portion of this section dealing
with water companies. The supplying of water to about one hundred
dwellings is a public service. The police power extends not only to the
regulation of rates but to other matters connected with a service afforded
the public. Regulation of water rates held not to impair obligation of
contract; police power. Yeatman v. Pub. Ser. Com., 126 Md. 516.
The public service commission law does not take away the right of a
railroad to condemn property and rights for its construction. The com-
mission is not the tribunal to determine such questions as whether a
charter is valid, that being purely a judicial question. If the commission
authorizes the construction of a road, such authorization includes the
right to cross tracks along the route. The commission may determine
whether a crossing shall be at, under or above grade; such determination
may be made after the passage of an order approving the construction of
the road. City & Sub. B. R. Co. v. W., W. & G. R. R. Co., 122 Md. 656
No power is conferred upon the public service commission to order a
railroad to rebuild and operate a branch which was abandoned long before
the passage of the public service commission law; what amounts to an
abandonment. Pub. Ser. Com. v. P., B. & W. R. R.Co. 122 Md. 439
As to public motor vehicles and the duties of the public service com-
mission relative thereto, see article 56, sections 189 and 195 et seq.
1916, ch. 272, sec. 1%.
413B. The term Common Carrier when used in this sub-title shall
likewise include all bridges now or hereafter erected over a stream or
river dividing two counties in the State of Maryland or between this
State and another State by any corporation authorized to charge and
collect toll from persons using the same as foot passengers and for
vehicular traffic of every kind.
1910, ch. 180, sec. 2 (p. 342). 1914, ch. 750. 1916, ch. 713.
414. There shall be a public service commission, and the same is
hereby created and established, which said public sendee commission
shall be vested with and possessed of the powers and duties in this sub-
title specified, and also all powers necessary or proper to enable it to
carry out fully and effectually all the purposes of this sub-title.
The said public service commission shall consist of three members,
all of whom shall be appointed by the governor, and one of whom shall
bo designated by the governor to be and, upon being so designated, shall
be the chairman of said commission.
Each commissioner, at the time of his appointment and qualification,
shall be a resident of the State of Maryland, and shall have resided in
said State for a period of at least five years next preceding his appoint-
ment and qualification, and he shall also be a qualified voter therein
and not less than twenty-five years of age.
One of said commissioners shall hold office for two years from the
beginning of his term of office and until his successor shall qualify; one
of said commissioners shall hold office for four years from the begin-
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