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170 CORPORATIONS. [ART.XXIII
10 make and file any such report or answer, such common carrier shall
forfeit to the State the sum of one hundred dollars for each and every
day it shall continue to be in default with respect to such report or
answer. Such forfeiture shall be recovered in an action brought by the
commission in the name of the State of Maryland. The amount recov-
ered in any such action shall be paid to the State Treasurer.
The provisions of this section shall be applicable to all corporations
and individuals subject to the jurisdiction of the Public Service Com-
mission of Maryland which are by law required to file the annual and
other reports referred to therein.*
435.
Limitations of power of commission to fix intrastate tariffs and rates.
How reasonableness of rates is determined. Nature of commutation serv-
ice. Not all discriminations are condemned by law. Rates must be rea-
sonable, but not confiscatory; meaning of latter term. Upon a bill for an
injunction restraining the execution of an order of the commission, the
court may not determine what are reasonable rates or establish rates,
but only whether the rates fixed by the commission are unreasonable or
unlawful; rates fixed by commission prima facie proper. Practical expe-
rience held to be only test of reasonableness of commutation rates. Por-
tion of order fixing duration of rates modified. Penna. R. R. Co. v. Public
Serv. Com., 126 Md. 65.
If the charter of a railroad authorizes it, without requiring it to extend
its railroad to a certain point, it may not be compelled to make such
extension if same would not be remunerative. The manner of construc-
tion, equipment and operation of such extension are to be determined by
the directors of the company, and when their judgment is honestly exer-
cised may not be controlled by the commission or the courts. Public Serr.
Com. v. U. R. & E. Co.. 126 Md. 487.
See notes to section 430.
435A.
See notes to section 435.
436.
An order of the commission requiring a railroad when an express train
is late to hold it back until the local trains have passed and thus depriv-
ing the railroad of all discretion in respect to the operation of its train in
case of such delays, is unreasonable and void. The powers of the com-
mission should not be extended by implication beyond what is necessary
for their just and reasonable execution. N. C. Rwy. Co. v. Public Serv.
Com., 124 Md. 146.
438.
It is for the court and not for a jury to determine whether it is neces-
sary to condemn particular property except in so far as the public service
commission may pass on that question under this section; there may, how-
ever, be cases in which certain questions of fact in connection with the
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*The act of 1918, chapter 402, section 2, provides that in lieu of the annual
reports which were heretofore required to be filed on or before September 30,
1918, for the fiscal ending June 30, 1918, reports shall be filed on or before August
31, 1918, covering the calendar year 1917.
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