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ART. XXIIl] PUBLIC SERVICE COMMISSION. 171
subject should be submitted to a jury. A year after the commission has
passed an order authorizing the construction and operation of a railroad,
it may not by suspending that order stop condemnation proceedings
actually pending; order of commission held not intended to interfere with
such proceedings. The commission has the power, subject to a review by
the courts, under this section to determine whether a railroad shall cross
a public highway at, above or under grade. It is better to secure the
approval of the commission under this section before the court passes an
order authorizing the condemnation, and it should at least be inquired
into before the appraisers are appointed under the act of 1912, chapter
117—see article 33A. Hyattsville v. W., W. & G. R. R. Co., 122 Md. 671.
And see Hyattsville v. W., W. & G. R. R. Co., 124 Md. 578.
This section is very broad and it is necessary to obtain the approval of
the commission in order to exercise the right given by section 306, the
action of the commission being subject to the provisions of section 423
(see sections 457 and 458). City & Sub. R. R. Co. v. W., W. & G. R. R.
Co., 122 Md. 656.
This section referred to in construing the act of 1912, chapter 117—see
notes to article 33A, section 1. Hyattsville v. W., W. & G. R. R. Co., 124
Md. 578.
1910, ch. 180, sec. 27 (p. 369). 1918, ch. 408, sec. 27.
439. A common carrier, railroad corporation, street railroad cor-
poration, or other corporation subject to the provisions of this sub-title,
organized or existing, or hereafter incorporated, under or by virtue of
the laws of the State of Maryland, may issue stocks, bonds, notes or
other evidence of indebtedness, payable at periods of more than twelve
months after the date thereof, when necessary for the acquisition of
property, the construction, completion, extension or improvement of its
facilities, or for the improvement or maintenance of its service, or the
discharge or lawful refunding of its obligation, or when necessary or
desirable, in the discretion of the commission, to cause the aggregate
capitalization to conform to the fair value of the property of such cor-
poration as established by the commission pursuant to the provisions of
section 442; provided, and not otherwise, that there shall have been
secured from the commission an order authorizing such issue, and the
amount thereof, and stating that, in the opinion of the commission, the
use of the capital to be secured by the issue of such stocks, bonds or
other evidence of indebtedness is reasonably required for the said pur-
poses of the common carrier, railroad corporation, street railroad cor-
poration, or such corporations, but this provision shall not apply to any
lawful issue of stock, to the lawful execution and delivery of any mort-
gage, or to the lawful issue or bonds thereunder, before the time when
this sub-title becomes a law. For the purpose of enabling it to deter-
mine whether it should issue such an order the commission shall make
such inquiry or investigation, hold such hearings, and examine such
witnesses, books, papers, documents or contracts as it may deem of
importance in enabling it to reach a determination. Such common car-
rier may issue notes for proper corporate purposes, and not in viola-
tion of any provision of this or any other act, payable at periods of not
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