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Ibid, secs. 409, 411. 1888, art. 23, secs. 295 and 297. 1868, ch. 471, secs. 209 and 211. 1908, ch. 309.

412. Any corporation not chartered by the laws of this State, which shall transact business therein, shall be deemed to hold and exercise franchises within this State, and shall be liable to suit in any of the Courts of this State on any dealings or transactions therein and also shall be liable to suit in any of the Courts of the State or* any controversy which may arise between such corporation and any resident of this State.†

Public Service Commission.‡

1910, ch. 180, secs. 1, p. 338.

413. This sub-title shall be known as the "Public Service Commission Law," and shall apply to the public services herein described and to the commission hereby created and to the public service corporations and persons herein mentioned and referred to.§

The term "commission," when used in this sub-title, means the Public Service Commission hereby created.

* "Or" must have been an error.

Hagerstown Brewing Co. vs. Gates, 117 Md. 348; Central of Ga. R. R. vs. Eichberg, 107 Md. 363. See section 92 of this Article. "Doing of business by foreign corporations." Local agent took orders for lightning rods to be shipped into the State and for their erection. Held to be doing business in the agent's State. See reasons stated in opinion. Browning vs. City of Waycross, 233 U. S. 16.

In Gregg vs. Public Service Commission, 121 Md. 1, the Court, through Judge Stockbridge, said: "This Act was, in the main, like similar Acts passed in a number of the States, in response to a supposed popular demand for a more effective and stringent regulation of firms or corporations engaged in the conduct of public utilities" (p. 26). "Following these cases, it must be held that the order of the. Public Service Commission complained of in this case was a legislative rather than a judicial or administrative Act or a combination of any two of them, and hence not objectionable on the constitutional ground” (29). "It has been urged that the effect of the Act, if it has any effect at all, is to invest the commission with the power of repeal of any Act of the Legislature, and that this is beyond the power of the Legislature to do. The all-sufficient answer to this contention is, that the Legislature itself has repealed the prior enactments, only leaving it to the Commission to fix the time when such repeal shall become operative. That the Legislature itself can establish the rates to be charged by corporations operating public utilities and change them from time to time, is admitted. The only limit thereto is that such rates shall not be confiscating; and it is settled by a long line of decisions in this State that the regulation of various agencies dealing with the public may be made either by the Lgislature directly or through a board to which such power may be delegated" (pp. 30-31).

Public Service Commission vs. P., B. & W. R. R., 122 Md. 438.

The term "commission," when used in this sub-title, means one of the members of such commission.

The term "corporation," when used in this sub-title, includes a corporation, company, association and joint stock company or association.

The term "person," when used in this sub-title, includes an individual and a firm or copartnership.

The term "railroad," when used in this sub-title, includes every railroad, other than a street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, switches, spurs, tracks, stations and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad.

The term "street railroad," when used in this sub-title, includes every railroad by whatsoever power operated, or any extension or extensions, branch or branches thereof, for public use in the conveyance of persons or property for compensation, being mainly upon, along, above or below any street, avenue, road, highway, bridge or public place within the corporate limits of the City of Baltimore or any other city or town containing a population of not less than two thousand persons, within the State of Maryland, and including all switches, spurs, tracks, right of trackage, subways, tunnels, stations, terminals and terminal facilities of every kind, used, operated, controlled or owned by or in connection with any such street railroad; but the said term "street railroad," when used in this sub-title, shall not include a railroad constituting or used as part of a trunk line railroad system.

The term "railroad corporation," when used in this sub-title, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, managing or controlling any railroad or any cars or other equipment used thereon, or in connection there. with.

The term "street railroad corporation," when used in this sub-title, includes every corporation, company, association, joint stock company or association partnership and person, their

lessees, trustees or receivers, appointed by any Court whatsoever, holding, operating, managing or controlling any street railroad or any cars or other equipment used thereon or in connection therewith.

The term "common carrier," when used in this sub-title, includes all railroad corporations, street railroad corporations, express companies, car companies, sleeping car companies, freight companies, freight line companies, steamboat, power boat and vessel, boat and ferry companies, canal companies, and all persons and associations of persons, whether incorporated, or not, operating such agencies for public use in the conveyance of persons or property within this State, by land or by water, or both.

The term "gas corporation," when used in this sub-title, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any Court whatsover, owning, operating, managing or controlling any plant or property for manufacturing and distributing and selling for distribution or selling or distributing illuminating gas (natural or artificial or manufactured, and wheresoever and howsoever derived or obtained) for light, heat, fuel or power, or for any public use whatsoever.

The term "electrical corporation," when used in this sub-title, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers, appointed by any Court whatsoever (other than a railroad or a street railroad corporation generating electricity for its own use solely and exclusively) owning, operating, managing or controlling any plant or property, including any water plant or water property, or water falls, or dam, or water power station, for generating and distributing or gener ating and selling for distribution, or selling or distributing elec tricity for light, heat or power, or for the transmission of electric current for such purposes, or for any public use whatso

ever.

The term "gas plant," when used in this sub-title, includes boilers, water gas sets, retorts, condensers scrubbers, purifiers, holders, mains, pipes, services, pipe galleries, meters, buildings,

real estate, easements, lamps, materials, apparatus, devices and property of every kind operated, controlled, owned, used or to be used for or in connection with, or to facilitate the manufacture, distribution, sale or furnishing of gas (natural or manufactured) for light, heat or power.

The term "electric plant," when used in this sub-title, includes (1) engines, boilers, dynamos, generators, storage batteries, converters, motors, transformers, cables, wires, services, poles, lamps, meters, real estate easements, materials, apparatus, devices and property of every kind operated, controlled, owned, used, or to be used, for or in connection with, or to facilitate the generation, transmission, distribution sale or furnishing of electricity for light, heat or power; and (2) any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying electrical conductors used or to be used, wholly or in part, for the transmission of electricity for light, heat or power.

The term "transportation of property or freight," when used in this sub-title, includes any service in connection with the receiving, delivering, elevation, transfer in transit, ventilation, refrigeration, icing, storage and handling of the property or freight transported.

The term "telephone company," when used in this sub-title, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning operating, managing or controlling any plant, wires, poles or property, for the reception, transmission or communication of messages by telephone or telephonic apparatus or instruments, or which licenses, lets or permits telephonic communication for hire.

The term "telegraph company," when used in this sub-title, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owning, operating, managing or controlling any plant, wires, poles or property for the purposes of communication or of transmitting or receiving messages by telegraph, or by any telegraphic

apparatus or instrument, or which license, lets or permits telegraphic communication for hire.

The term "telephone lines," when used in this sub-title, includes the system, or any part of the system of poles, wires. crossbars, receivers, transmitters, instruments, machines, appliances, real estate, easements, apparatus, appurtenances and property used operated, controlled or owned by or in connection with the business of any telephone company.

The term "telegraph lines," when used in this sub-title, includes the system, or any part of the system of poles, wires, crossbars, instruments, machines, appliances, real estate, easements, appurtenances, apparatus and property used, operated, controlled or owned by or in connection with the business of any telegraph company.

The term "water company," when used in this sub-title, includes every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, own. ing, operating, managing or controlling any plant or property, dam or water supply, canal, or power station, distributing or selling for distribution, or selling or supplying for gain any water.

The term "heat or refrigerating company," when used in this sub-title, includes every corporation, company, association joint stock company or association, partnership and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, managing or controlling any plant or property for manufacturing and distributing and selling for distribution, or distributing hot or cold water, steam or currents of hot or cold air for motive power, heating, cooking, refrigeration, or for any public use or service in any city, town or village in this State.*

1914, ch. 445, sec. 11⁄2.

413A. The term "common carrier," when used in this Act, shall likewise include all automobile transportation companies, and all persons and associations of persons, whether incorpo

A towing company is a common carrier. Western Assurance Co. vs. Chesa peake Lighterage & Towing Co., 105 Md. 232.

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