| Volume 190, Page 1852 View pdf image (33K) |
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246 JOURNAL OF PROCEEDINGS [Feb. 19, Bess of these opposite opinions, in reference to the right of appeal to the Supreme Court. Nor is it necessary that (lie undersigned should, in any manner, discuss the judgment of the Court of Appeals, declaring that the Acts in question, requiring the Baltimore and Ohio Railroad Company to | ay into the Treasury of the State one-filth of the gloss sums received for the transportation of passengers on (lie Washington Branch Road, constitution a valid etxercise of { power. The judgment of tin' Court of Appals must stand as the law of this Slate until it is reversed by the Supreme Court of the United States. But, if the undersigned ha? correctly understood the opin- ions of his fellow Senators the question at issues, is not in fact, determined by the judgment of the Court of Appeals, even if that judgment were couclusive in Saw. The purpose of (lie Legislature in passing the Act of 1870, chapter 476, relating to the creation and regulation of Railroad} Companies in the State of Maryland, was to provide under which corporations. ((formed after that date, for the purpose of construction met ing railways in this State, should possess canal powers and enjoy equal privileges. The Legislature had manifested its purpose to pursue tin's course of liberal dealing, by granting, prior to this period, many special charters to Railroad Companies. Although largely interested in the Baltimore and Ohio Railroad Com- pany, and in the Washington Branch of that road, it had not hesitated to incorporate the Baltimore and Potomac Rail- road Company, by the Act of 1853, chapter 194, or to make that charter effective by the Acts of 1860, chapter 71, and by the Act of 1870, chapter 80; although the road, thus autho- rized, was in tact a route which would be, when completed, an active competition tor trade and travel with the Washing- ton Branch of the Baltimore and Ohio Railroad Company. The undersigned is well assured that he represents the opin- ion of the people of this State; and he believes the judgment of the Senate, when lie says that there is no wish or purpose to place the Baltimore and Ohio Railroad Company at a disad- vantage, or to impose upon it conditions or burdens, not borne by other Railway Companies in tins State, enjoying in all respects equal privileges and immunities. The undersigned, therefore, assumes little, when he says (hat he believes it to be the judgment of this Senate, that the Baltimore and Ohio Railroad Company ought to '111.- released from the payment into the Treasury of the State or one fifth of the gross sum received by it tor the transportation of passengers on the \\ Washington Brunch Road, whenever the Balti- |
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Proceedings and Acts of the General Assembly, 1872
| Volume 190, Page 1852 View pdf image (33K) |
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