1867.] OF THE SENATE. 311

other than a forfeiture to the State, of the Baltimore and
Washington Road, which is about to be built.

It is assumed in the bill, therefore, that those who control
the Company, are so unwilling to construct the main line
contemplated in the charter, that they must be compelled to
perform that duty: but that they are so eager to construct the
Washington branch, that the fear of losing it may constrain
them to complete the main line. These implications of the
bill are consistent with 'the opinion expressed in the report of
the Committee (which is doubtless the opinion also of those
who now control the work) that to forbid the construction of
the Washington branch "would be equivalent to a repeal of
the charter." But they are not quite consistent with the
glowing description given by the committee of the immense
value and importance of the projected main line from Balti-
more to the Potomac.

It is not as to the value of that line, that the undersigned
intends to control the views of the committee; and in spite
of its great importance, the Committee no doubt have justly
concluded that it will be abandoned by those who have ob-
tained control of the company unless they are effctually re-
strained.

It becomes important, therefore, to consider whether the
measure proposed by the committee will probably be effectual
for that purpose. It proposes, in substance, that unless the
entire main line shall be complete within the time prescribed
in the charter, that part of it which, with the Washington
"branch," is to constitute the rail road between Baltimore
and Washington, and the "branch" itself shall be forfeited
to the State.

It will be felt, after the road is built, that such a forfeiture
is too harsh to be exacted. Such forfeitures, though often
denounced, are uniformly remitted, or overlooked, and they
have ceased even to operate in terrorem.

It is, therefore, rather interesting than necessary to inquire
what might be the legal effect of this provision in the bill, if
an attempt were made to enforce it. In this connection it
must be remembered that the bill, for some unknown reason,
carefully gives the legislative sanction to a most extraordina-
ry contract made by the company with Clinton Lloyd, J. W.
Forney, Martin H. Cassell, Gideon L. Walker, John B.
Clark, Jr., and J. H. Farish, (who are not citizens of Mary-
land) for the construction of the entire road and the Wash-
ton "branch." This contract in effect, transfer the charter
to those persons and thus the contract which they make in
form with the company resolves itself into a contract with
themselves. Consequently, they can never be compelled to