Consolidated Gas Co. v. County Commissioners

Briscoe, J., delivered the opinion of the Court. This is an appeal from an order of the Circuit Court for ⁴¹¹ Baltimore County sustaining a demurrer and dismissing a bill of complaint filed by the appellant against the appellees for the purpose of vacating a contract made between the appellees, and for an injunction to restrain one of the appellees from exercising certain rights and powers conferred upon him by the contract. The agreement is dated in July, 1903, and was made by and between the County Commissioners of Baltimore County and the appellee, Schreiber, under which “he was authorized and empowered to lay and maintain for the period of twenty-five years gas-pipes and mains with such connections as may be required for the purpose of furnishing gas for public as well as private lighting and for heating and other purposes, in the several streets, avenues, and alleys, so far as the same are public streets, under the control of the party of the first part, situate in the villages and towns of Orangeville, ITighlandtown and Canton and in the streets and avenues connecting the same, in Baltimore County.” To the bill, a demurrer was interposed, and one of the questions thus raised, did the County Commissioners of Baltimore County, have power to make the contract and grant the franchise, here in dispute, under the provisions of the Act of 1902, ch. 368. The title of this Act is an Act to legalize and regulate the granting of franchises for public purposes by the County Commissioners of Baltimore County.

It will be seen that by the first section of the Act it is provided that no franchise or right in relation to any highway, avenue, streeet, lane or alley, either on, above or below the surface shall be granted by the County Commissioners of Baltimore County, unless certain requirements of the Act are complied with. By the second section, it is provided, if no valid objection is made to the granting of such franchise, and it appear to the board that the granting of the same is expedient and proper, the board shall have authority to grant such franchise, for such money compensation as it shall * * * determine— every grant of any such franchise, shall make provisions * *. By sec. 3 when the grant of a franchise or right is made ⁴¹² the County Commissioners shall not part with, but shall expressly reserve the right and duty, at all times to exercise full municipal control and regulation in-respect to all matters connected with the grants not inconsistent with the terms