10,897

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particular grants could be considered to have been

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conferred by the 1826 original charter which only allowed

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the B&0 to build from Baltimore to some point on the

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Ohio River.

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Now, every time the B&0 came back to the

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General Assembly for this additional corporate power,

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of course the General Assembly did its best to see to it

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that the exemption which originally applied to the

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Baltimore to Ohio line did not apply to the others, but

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there was constant bickering and continued court of

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appeals cases, continued cases on many levels, continued

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opinions of the attorney general.

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The Committee on Legislative Branch realized

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that it would be1 possible to take this entire section

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and to put it in the transitional legislation, but at

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the same time we realized that there was a risk involved,

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that in the event the B&0 Railroad should challenge this

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particular mode of operation it might be well that we lost

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any of the benefits of the third sentence of the section

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you have before you.

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The reason that we are impelled to put it in the