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STATE ROADS COMMISSION (Minutes) Liber 1, 1908-1913 MSA SE3-1 Image No: 14677-0366 Enlarge and print image (60K) |
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STATE ROADS COMMISSION (Minutes) Liber 1, 1908-1913 MSA SE3-1 Image No: 14677-0366 Enlarge and print image (60K) |
| RoJA Page 361. have expired and are being renewed from year to year, I wish to make it clear, however, that the Turnpike Company, in the bond of conveyance I have prepared, has endeavored to protect itself against the possibility of having to turn over to the State Roads Commission any rights it may have to collect such amounts as it can lawfully charge the Railways Company for its easements over any portion of the Turnpike. I do not think that the question of the Railways Company's rights under any of these agreements is important to us, and for two reasons: a. - The agreement between the State Hoads Commission and the Hallways Company bearing date July 7, 1910, provides that as to other roads (other than the York, Harford and Belair) on which tho Railways Company has or operates any tracks, the State Hoada Commiesion shall proceed with such improvements or works as it may determine to make, subject to the provisions of Chapter 141 of the Acts of 1908, and any acts of the General Assembly supplemental thereto, it being particularly agreed that as to all such other roads last aforesaid the said Commission shall in the first instance pay the costs and expenses of all changes in the tracks, road-bed and overhead construction of said Railways Company caused by the works or improvements of tho said Commission, and that the ultimate liability for the costs and expenses for such changes shall bo determined by the Courts according to law. This gives us the unquestioned right to make such changes as we desire ; as to whether or not we can legally collect for same from the Hallways Company, I do not feel that you expect me to give an opinion. Howevor, as the Railways Company has paid and is paying a valuable consideration for these rights, I doubt whether they can be compelled to reimburse the State Roada Commission for any money expended in the first instance by the Commission. b. - The rights of the Railways Company in this instance are further limited by the Aots of 1908, Chapter 141, Section 32-b, which gives the Mayor and City Council of Baltimore the right to condemn the interests of the Railways Company in any turnpike or private right of way, the price to be paid for any rights, franchisee and easements similar to those condemned to be the same as the amount of the condemnation award, This section also makea compulsory the provisions of Chapter 566 of the Acts of 1906, which latter act provides for the gradual application of the Park Tax. I can see no reason for objecting to the title because of any possible complications with the United Railways & Bleotrio Company, and I find nothing materially different in this titlt |