Petition. Answer. Trial Baltimore City or in the Circuit Court of the county in which such corporation has its principal place of business, or carries on its business, in the name of the Commission, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction. Counsel to the Commission shall thereupon begin such action or proceeding by a petition to and in any of the said courts, as the case may require, alleging the violation or 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 the petition, within which the common carrier, railroad corporation or street railroad 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 may direct, without other or formal pleadings, and without respect to any technical requirement. Such other persons or corporations as the Court shall deem 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 proceedings or direct that a writ of mandamus or an injunction issue, as prayed for in the petition or in such modified or other forms as the court may determine will afford the appropriate relief. Any corporation, other than a common carrier, which tions Other shall violate any provision of this Act, or shall fail to obey, observe and comply with every order made by the Commission under authority of this Act, so long as the Additional Final Judgment. Violations by Than Carriers. same shall be and remain in force, shall forfeit to the State of Maryland a sum not exceeding one thousand dollars for each and every offense; every such violation shall be a separate and distinct offense; and the penalty or forfeiture thereof shall be recovered in an action as provided in this Section of this Act. Individuals Every person who, either individually or acting as an Violations by officer or agent of a corporation or person, other than a and Officers. common carrier, railroad corporation or street railroad corporation, shall violate any provision of this Act, or fail to obey. observe or comply with any order made by the Commision under this Act, so long as the same shall be or remain in force, or who shall procure or aid or abet any such corporation or person in a violation of this Act, or in a failure to obey, observe or comply with any such order, shall be guilty of a misdemeanor. rectors and Officers Deemed Acts of Corporatious. In construing and enforcing the provision of this Acts of DiAct relating to forfeitures and penalties, the act of any director, officer or other person acting for or employed by any common carrier, railroad corporation, street railroad corporation or other corporation subject to this Act, acting within the scope of his official duties or employment, shall be in every case and be deemed to be the act of such common carrier or corporation or person. An action to recover a penalty or a forfeiture under Actions to this Act may be brought in any court of competent juris- Penalties. diction in this State in the name of the State of Maryland, and shall be commenced and prosecuted to final judgment by Counsel to 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 the action to recover Recover Other Penaltles Not Waived. Pendency of a penalty of or forfeiture shall not be, or be held to be, a to Set Aside waiver of the right to recover any other penalty or for Order. feiture; 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 a suit, action or proceeding in the courts to set aside such order, the Court shall remit the penalties or forfeitures incurred during the pendency of such suit, action or proceeding. All moneys recovered Fines Paid to in any such action, together with the costs thereof, shall be paid to the State Treasurer, except one-fourth of the moneys recovered (exclusive of costs), which shall be paid to the Mayor and City Council of Baltimore. State, Ex cept 4 to Baltimore City. Interstate Petition to AS TO INTERSTATE TRAFFIC. Ibid. Sec. 441. SEC. 29. And be it further enacted, That the Commission may investigate freight rates on interstate traffic of common carriers within the State, and when such rates are, in the opinion of the Commission, excessive or discriminatory, or are levied or laid in violation of the interstate commerce law, or in conflict with the ruling, orders or regulations of the Interstate Commerce Commission, the Commission may apply by petition to the Interstate Commerce Commission for relief, or may present to the Interstate Commerce Commission all facts coming to its knowledge, as to violation of the rulings, orders or regulations of that Commission, or as violations of the interstate commerce law. Ibid. Sec. 442. Property. SEC. 30. And be it further enacted, That the Com- Valuations of mission shall, whenever it may deem it desirable to do so, investigate and ascertain the fair value of property of any corporation subject to the provisions of this Act and used by it for the convenience of the public. For the purpose Experts. of such investigation the Commission is authorized to employ such engineers, experts and other assistants as may be necessary. Such investigations shall be prosecuted with diligence and thoroughness, and the results thereof reported to the Legislature at each regular session. Report to Such valuation shall show the value of the property of every such corporation as a whole, and the value of its property in each of the several counties and municipali- What Valuaties within the State of Maryland. Every such valuation Show. shall be so made and ascertained by the Commission that Effect on as far as possible it shall not disturb the value of bonds of any of said corporations issued prior to the passage of this Act. Legislature. tion Shall Bonds to Furnish Maps, Contracts, &c. Every such corporation shall furnish to the Commis- Corporations sion from time to time, and as the Commission may require, maps, profiles, contracts, reports of engineers and other documents, records and papers, or copies of any and all of the same in aid of such investigation, and to determine the value of the property of such corporation used for the public service, and every such corporation is required to co-operate with the Commission in the work of the valuation of its property in such further particulars and to such extent as the Commission may reasonably direct. The Commission shall thereafter, in like manner, Valuation of keep itself informed of all extensions and improvements and Im Extensions provements. Revisions. Reported and Con or other changes in the condition of the property of the said corporations and ascertain the fair value thereof, and from time to time, as may be required for the regulation of corporations under the provisions of this Act, revise and correct its valuation of the property of such Changes to be corporations. To enable the Commission to make such changes and corrections in its valuation, every corporation subject to the provisions of this Act is hereby required to report currently to the Commission, and as the Commission may require, all improvements and changes in its property and to file with the Commisison copies of all contracts for such improvements at the time same are executed. tracts Filed. of Valuations. Commission Whenever the Commission shall have completed the to Notify Corporations valuation of property of any such corporation and before such valuation shall become final, the Commission shall give notice in the manner prescribed in this Act for the service of a copy of an order upon such corporations, to the company or companies owning or operating such property, stating the valuation placed upon the several lines of roads or classes of property of the said company used by it for the convenience of the public, and shall allow the company or companies a reasonable time in which to file a protest of same with the Commission. If no protest is filed within such time such valuation shall become final. If notice of contest is filed by any such corporation, the Commission shall fix a time for hearing of the same, and shall proceed as promptly as may be possible to hear and consider any matter relative and material thereto which may be presented in support of said protest. If after hearing any contest of such valuation, under the provisions of this Act, the Commission is Final, if No Hearings. Final Valua tion. |