Page images
PDF
EPUB

that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein contained is intended. No Immunity to give, or shall be construed as in any manner giving unto any corporation immunity of any kind from the law.

to Corpora

tions.

Rehearing:
When
Granted.

See Sections 47 and 48, infra.

The phrase "technical rules of evidence" refers to rules as to admissibility, such as the heresay evidence rules and the rule as to authenticating documents, records and accounts. It has no reference to the essential rules of evidence by which rights are asserted or defended. All parties must be fully apprised of the evidence submitted or to be considered, and must be given opportunity to cross-examine the witnesses, to inspect documents and to offer evidence in explanation or rebuttal. N. Cent. Ry. vs. Laird et al-Daily Record, April 2, 1913-Cir. Ct. No. 2 of Balto. City.

REHEARING: SERVICE AND EFFECT OF ORDERS OF THE
COMMISSION.

Ibid. Sec. 423.

SEC. 11. And be it further enacted, That after an order has been made by the Commission, any party interested therein may apply for a rehearing in respect to any matter determined therein, and the Commission may grant and hold such a rehearing if, in its judgment, sufficient reason therefor be made to appear; if a rehearing shall be granted, the same shall be determined by the Commission within thirty days after the same shall be finally submitted. Any application for such a rehearing shall not excuse any common carrier, railroad corporation, or street railroad corporation, or any other corporation or company or person, subject to any of the provi

to Operate as a Stay.

sions of this Act, from complying with or obeying any order, or any requirements of any order of the Commis- Rehearing Not sion, or operate in any manner to stay or postpone the enforcement thereof, except as the Commission may by order direct. If, after such rehearing and consideration of the facts, including those arising since the making of the order, the Commission shall be of opinion that the original order, or any part thereof, is in any respect unjust or unwarranted, the Commission may abrogate, change or modify the same. An order made for any such rehearing, abrogating, changing or modifying the original Modification of order shall have the same force and effect as an original Orders. order.

Original

Orders.

Every order of the Commission shall be served upon every person or corporation to be affected thereby, either service of by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package, with postage prepaid, to the person to be affected thereby; or, in the case of a corporation, to any officer or agent thereof upon whom summons may be served under the laws of this State. It shall be the duty of every person and corporation to notify the Commission forthwith in writ- Commission to ing of the receipt of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the Commission every person and corporation upon whom it is served. must, if so required in the order, notify the Commission

be Notified of Receipt.

in like manner whether the terms of the order are ac- And Whether cepted and will be obeyed.

Order Will be Obeyed.

Every order of the Commission shall take effect at a Orders, When

Effective.

Court Pro-
ceedings to

Vacate
Orders.

Applicability

to Transpor

Carriers.

time therein specified and shall continue in force for a period therein designated unless earlier modified or abrogated by the Commission, or unless such order be unauthorized by this Act, or be in violation of a provision of the Constitution of the State or of the United States.

Any company, corporation, association, person or partnership subject to any of the provisions of this Act, or other person or party in interest, shall have the right to proceed in the courts to vacate, set aside or have modified any order of said Commission on the grounds that such order is unreasonable or unlawful, as hereinafter more particularly set forth.

See Section 43 et seq.

APPLICABILITY.

Ibid. Sec. 424.

SEC. 12. And be it further enacted, That this Act shall tation and apply to the transportation of passengers, freight or property from one point to another within the State of Maryland, and to any common carrier performing such service; and this Act shall be so applicable and be so construed as to be free from conflict with those provisions of the Constitution of the United States and the laws in pursuance thereof relating to interstate commerce. See Section 53 infra.

Safe, Adequate and

Safe and ADEQUATE SERVICE: JUST AND Reasonable
CHARGES: EXCESSIVE CHARGES PROHIBITED.

Ibid. Sec. 425.

SEC. 13. And be it further enacted, That every cor

Reason- poration, person or common carrier performing the serv

able Service.

ices designated in the preceding sections shall furnish, with respect thereto, such service and facilities as shall be safe and adequate and in all respects just and reasonable. All charges made or demanded by any such com- Charges. mon carrier for the transportation of passengers, freight or property, or for any service rendered or to be rendered in connection therewith, as defined in Section 2 of this Act, shall be just and reasonable and not more than allowed by law or by order of the Commission, conformably with the law. Every unjust or unreasonable charge Unreasonable made or demanded for any such service or transportation of passengers, freight or property, or in connection therewith, or in excess of that allowed by law or by order of the Commission, conformably with the law, is unlawful and prohibited.

and Excessive Charges.

pervision Over Carriers.

To Examine and Keep Informed as to Condition, &c.

The Public Service Commission herein created and established shall have the general supervision of all com- General Sumon carriers, railroads, street railroads, railroad corporations and street railroad corporations, transporting passengers, freight or property from one point to another within the State of Maryland, and shall have power to and shall examine the same or cause the same to be examined and keep informed as to their general condition, their capitalization, their franchises and the manner in which their lines, owned, leased, controlled or operated and managed, are conducted or operated within this State both with respect to the adequacy, security and accommodation afforded by their service, and also with respect to their compliance with all provisions of law and orders of the Commission.

ister Oaths.

The Commissioner shall have power and authority to May Adminadminister oaths in all parts of the State to witnesses

Examination of Records, &c.

summoned to testify in any inquiry, investigation, hearing or proceeding, and also to administer oaths in all parts of the State whenever the exercise of such power is incidentally necessary or proper to enable the Commission or a Commissioner to perform a duty or to exercise a power committed to it by this Act. The Commission and each Commissioner shall have power to examine all books, contracts, records, documents and papers of any corporation, company, association, person or partnership subject to its supervision, in so far as they relate to the matters. over which said Commission has jurisdiction and control, Subpoena Du- and by subpoena duces tecum to compel production thereof. In lieu of requiring production of originals by subpœna duces tecum, the Commission, or any CommisSworn Copies sioner, may require sworn copies of any such books, records, contracts, documents and papers, or parts thereof, to be filed with it.

ces Tecum.

See Section 20 infra.

IN GENERAL.

A company organized for the purpose of maintaining a line of automobiles between a railroad station and points in this State, for the transportation of passengers is a common carrier within the provisions of the Act. Opinions General Counsel, I Pub. Serv. Comm. Reps. 37.

Any railroad passing an order of embargo must transmit to the Commission a copy of the order together with a full and detailed statement of the reasons upon which it relies as a justification for such order, and upon revocation or modification thereof immediate notice must be given the commission. In re Embargoes of Steam Railways, 1 Pub. Serv. Comm. Reps. 128.

When the service of safe-keeping packages for hire is conducted by a railroad company, it is a service connected with

« ՆախորդըՇարունակել »