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supplying such gas or electricity, and may examine or cause to be examined the books and papers of such person or corporation pertaining to the manufacture, sale, transmitting and sup plying of such gas and electricity. The form and contents of complaints made as provided in this section shall be prescribed by the commission. Such complaints shall be signed by the officers, or by the customers, purchasers or subscribers making them, who must add to their signature their places of residence, by street and number, if any.

1910, ch. 180, sec. 37.

451. Before proceeding under a complaint presented as provided in this sub-title, the commission shall cause notice of such complaint, and the purpose thereof, to be served upon the person or corporation affected thereby. Such person or corpora tion shall have an opportunity to be heard in respect to the matters complained of at a time and place to be specified in such notice. If an investigation be instituted upon motion of the commission, the person or corporation affected by the investigation may be permitted to appear before the commission at a time and place specified in the notice and answer all charges which may be preferred by the commission. After a hearing and after such investigation as may have been made by the commission or its officers, agents, examiners or inspectors, the commission within lawful limits may, by order, fix the maximum price, according to law, of gas and electricity to be charged by such corporation or person, or may order such improvement in the manufacture or supply of such gas, in the manufacture, transmission or supply of such electricity, or in the methods employed by such person or corporation as will, in its judgment, justly and lawfully improve the service. The price so fixed by the commission shall be the maximum price to be charged by such person or corporation for gas or electricity in such municipality or county until the commission shall, upon complaint, as provided in this section, or by the corporation interested, or upon its application for a new adjustment of rates or upon an investigation conducted by the commission on its own motion, again fix the maximum price according to law of such gas or electricity. In determining the

price to be charged for gas or electricity the commission may consider all facts which, in its judgment, have any hearing upon a proper determination of the question, although not set forth in the complaint and not within the allegations contained therein.

1910, ch. 180, sec. 38.

452. Every gas corporation and electrical corporation and the officers, agents or employees thereof shall obey, observe and comply with every order made by the commission under authority of this sub-title, so long as the same shall be and remain in force. Any such corporation, or any officer, agent or employee thereof, who, knowingly, fails or neglects to obey or comply with such order, or any provision of this sub-title, shall forfeit to the State of Maryland not to exceed the sum of one thousand dollars for each offense. Every distinct violation of any such order of this sub-title shall be a separate and distinct offense, and in case of a continuing violation each day shall be deemed a separate offense. An action to recover such forfeiture may be brought in any court of competent jurisdiction in this State in the name of the State of Maryland, and shall be commenced and prosecuted to final judgment by counsel of the commission. In any such action all penalties and forfeitures incurred up to, the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty of forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture; if the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order of the commission the defendant was actually and in good faith prosecuting the suit, or proceeding in the courts to set aside such order, the Court shall remit the penalties or forfeitures incurred during pendency of such suit, action or proceeding. All moneys recovered in any such action, together with the costs thereof, shall be paid to the State Treasurer, except one-fourth thereof, which shall be paid to the Mayor and City Council of Baltimore.

Whenever the commission shall be of the opinion that a gas corporation or electrical corporation is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission, or is doing anything or about to do anything or about to permit anything to be done, contrary to or in violation of law or of any order of the commission, it shall direct counsel to the commission to commence an action or proceeding before one of the judges of the supreme bench of Baltimore City or in one of the circuit courts of the counties, in the name of the commission, for the purpose of having such violation stopped and prevented either by mandamus or injunction. Counsel to the commission shall thereupon begin such action or proceeding by a petition in any of said Courts, as the case may require, alleging the violation or the threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. It shall thereupon be the duty of the Court to specify the time, not exceeding twenty days after service of a copy of the petition, within which the gas corporation or electrical corporation complained of must answer the petition. In case of default in answer or after answer. the Court shall immediately inquire into the facts and circumstances in such manner as the Court shall direct, without other or formal pleadings, and without respect to any technical requirement. Such other persons or corporations as it shall seem to the Court necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of counsel to the commission. The final judgment in any such action or proceeding shall either dismiss the action or proceeding, or direct that a writ of mandamus or an injunction issue as prayed for in the petition, or in such modified or other form as the Court may determine will afford the appropriate relief.

If it be alleged and established in an action brought in any Court for the collection of any charge for gas or electricity, that a price has been demanded in excess of that fixed by the commission, or by law in the municipality or county wherein the action arose, no recovery shall be had therein, but the fact that such excessive charges have been made shall be a complete defense to such action.

1910, ch. 180, sec. 39.

453. This sub-title shall apply to telegraph companies, telephone companies, telephone lines and telegraph lines, within this State, and to persons and corporations engaged in the transmission of intelligence within this State by telephone or telegraph.

The commission shall have within its discretion (1) general supervision of all persons having authority under any general or special law or under any charter or franchise to lay down or erect or maintain poles, wires, pipes, conduits or other fixtures in, over or under the streets, highways and public places for the purpose of furnishing facilities for the transmission of intelligence by electricity. (2) Shall investigate and ascertain from time to time, the service supplied by such persons and corporations; shall examine all the methods employed by such persons and corporations supplying facilities for the transmission of intelligence by electricity, and shall have power to order such improvements as will best promote the public interest and protect those using telephones and those employed in the business thereof or in the maintenance and operation of the works, wires, poles, lines and conduits maintained therein. (3) Shall have power, in its discretion, to prescribe and require items, methods of keeping accounts, records and books to be furnished by the persons and corporations engaged in the furnishing of facilities for the transmission of intelligence by electricity. (4) Shall examine all persons and corporations under its supervision as to the methods employed by them in the transaction of their business, see that their property is maintained and operated for the reasonably adequate accommodation of the public and in compliance with the provisions of law and of their franchise and charters. (5) Shall require every person or corporation under its supervision to submit to it an annual report, verified by the oath of the president, treasurer or general manager, showing in detail (a) the amount of its authorized capital stock and the amount thereof issued and outstanding; (b) the amount of its authorized bonded indebtedness and the amount of its bonds and other forms of evidence of indebtedness issued and outstanding; (c) its receipts and expenditures during the preceding year; (d) the

amount paid as dividends upon its stock and as interest upon its bonds; (e) the name of and the amount paid as salary to each officer, and the amount paid as wages to its employees; (f) the situation of its plant or plants and system, with a full description of its property and franchises, stating in detail how each franchise stated to be owned was acquired, and (g) such other facts pertaining to the operation and maintenance of the plant and system, and the affairs of such person or corporation, as may be required by the commission. Such reports shall be in the form, cover the period and be submitted at the time prescribed by the commission. The commission may, from time to time, make changes and additions in such forms, giving to the persons and corporations three months' notice. before the time fixed by the commission as the expiration of the fiscal year of any changes or addition which would require any alteration in the method or form of keeping their accounts for ensuing year. When any such report is defective, or believed to be erroneous, the commission shall notify the person or corporation making such report to amend the same within thirty days. Any such person or corporation which shall neglect to make any such report within the time specified by the commission, or which shall fail to correct any such report within fifteen days after notice, shall be liable to a penalty of one hun dred dollars and an additional penalty of ten dollars for each day after the prescribed time for which it shall neglect to file or correct the same, to be sued for in the name of this State. The amount recovered in such action shall be paid into the State treasury and be credited to the general fund. The commission may extend the time herein limited for cause shown.

Shall have power, either through its members or inspectors or employees duly authorized by it, to enter in or upon and to inspect the property, buildings, plants, factories, power-houses and offices of any such corporations or persons.

Shall have power to examine the books and affairs of any such corporation or person, and to compel the production before it of books and papers pertaining to the affairs being investigated by it.

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