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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 1863   View pdf image (33K)
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1870.] OF THE SENATE. 347

ject of which shall be to determine the proper application of
the net revenues of the Company. Provision is therein also-
made for a speedy hearing of the case in the Court of Ap-
peals. And the 3rd section enacts, "that in no event shall
the State of Maryland be held liable for any coats that may
accrue in this case, or in any case that may arise under the
provisions of this Act. The State of Maryland has invested
in the Canal Company a sum, principal and interest, of
about twenty millions of dollars. Every citizen, and especi-
ally every tax-payer, is interested in its being made produc-
tive as soon as possible. It has an interest involved in the
decision of this question of compound interest, of perhaps a
half million of dollars. It has mortgages upon the entire
work, property and revenues of the Company, waived only
to the extent of the Act of 1844, chapter 281. It asks to be
made a defendant to defend its rights involved in that waiver.
It comes not as a sovereign State, but as a creditor, seeking.
with other creditors, a decision of its own Courts upon its
rights under laws and contracts, but declines to be liable, as
other creditors and parties to the same suit are, for the usual
costs incident to its defence, such as copies of its mortgages
and other documents necessary to be exhibited with its an-
swer, Clerks' fees, printing of briefs, &c. I feel sure the pro-
vision originated in a, misconception of the purposes of the.
suit, and of the interest of the State as creditor involved in-
it, and not with a purpose or expectation of embarrassment
to the Court or to its officer in the discharge of the duty re-
quired of him. I was upon the point of addressing a note
to a member of the General Assembly upon this subject, when
I received the order of the Senate, to which I have been com-
pelled to make a more hurried reply than I desired, and in
doing so, beg most respectfully to invite their attention to
the provision of the Act, to which, with reluctance and re-
gret, I have deemed it my duty to advert. It is most re-
spectfully submitted, that if the interest of the State in the
controversy be deemed of sufficient importance to be de-
fended, it is due to the Court and to the dignity of the State,
that its request to be admitted as a defendant, shall not be
coupled with a condition of special exemption from the inci-
dents which belong equally to all parties to suits, and for
which provision is made in all other cases in which the State
is a party.

Very respectfully,
Your obedient servant,
ISAAC D. JONES,
Attorney General.


 

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Proceedings and Acts of the General Assembly, 1870
Volume 188, Page 1863   View pdf image (33K)
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