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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 1850   View pdf image (33K)
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244 JOURNAL OF PROCEEDINGS [Feb. 19,
State's proportion of the moneys received by that Company
for the transportation of passengers between Baltimore and.
Washington, to the date of December 10, 1870.
At the time this bill was referred to the consideration of
the Committee, the state of the controversy with the Balti-
more and Ohio Railroad Company may be briefly summed
up as follows:
The State had sued the Company in the Superior Court of
Baltimore City, to recover the State's proportion of the
passenger fares received by the Company, to January 1st,
1870.
It is understood that suits have been instituted in the same
Court, to recover a like proportion of the passenger fares
received to the first days of July, 1871, and of January,
1872.
The State had sued the Company in the same Court, to
recover the difference between the coin. and currency value
tit the dividends which had been paid upon the stock sub-
scribed for by the State in the Baltimore and Ohio Railroad
Company, under the Act of 1835; chapter 395.
The State, as a holder of the special stock of the Wash-
ington Branch Railroad, had filed a bill in the Circuit Court
of Baltimore City, claiming to be entitled, us such stock-
holder, to a statement of the accounts of the Washington
Branch Road, and alleging that it would appear upon a
proper adjustment of the accounts of the said Branch Road,
that a larger sum ought to be set apart, as the profits of the
Washington Branch Road, than was exhibited in the accounts made up by the Baltimore and Ohio Railroad
Company.
To the suit brought to recover the State's proportion of
the capitation tax, the Company, had, in effect, pleaded that
the Acts of Assembly requiring the payment into the
Treasury of the State of one-filth of the money received for
the transportation of passengers between Baltimore and
Washington, were, to the extent of such requirement, un-
constitutional, because in conflict with the Constitution of
the United States.
The Superior Court of Baltimore City held that this de-
fense was good, and that the obligation assumed by the
Company to pay to the State Treasurer one-fifth of the gross
amount received from passengers upon the Washington
Branch Road, was inoperative, because in conflict with the
Constitution of the United States.
The Court of Appeals held the opposite doctrine, when
the case was considered upon appeal, and expressly ruled

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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 1850   View pdf image (33K)
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