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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 1855   View pdf image (33K)
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1872.] OF THE SENATE. 248
tions in fundamental provisions of the charter of the Com-
pany, as well as for the payment of every dollar which the
State has claimed as due 10 the date mentioned in the bill.
It confers no other right or privilege upon the Company
than the majority of the Senate is believed to be willing to
gran*', if such rights and privileges are asked for by a sepa-
rate bill, proposed after payment made by the Company of
the very sum winch this bill provides the Company shall*.
pay, before it shall enjoy such rights and privileges.
The undersigned believes that this adjustment will be sat-
isfactory to the people of the State.
The Finance Committee of the Senate is of the opinion that the dignity of the State is involved in the question ;
and that no arrangement, however satisfactory or advanta-
geous to the State, ought, to be made until the Company has
paid into the Treasury of the State the sum of money which
it alleges is due to the State.
Without entering upon this question, the undersigned
submits to the judgment of the Senate that the considerations to which the majority of the Finance Committee has
appealed have no connection with the pending discussion.
When the State of Maryland entered into that contract with the Baltimore and Ohio Railroad Company, which is embraced in the Act of 1832, chapter 175, and in the supple-
mentary Acts, it laid down its sovereignty, and contracted
only as a corporation with the Baltimore and Ohio Railroad
Company. This is the exact scope and meaning of the judg-
ment rendered by the Court of Appeals in 34 Md., p. 359.
For, it the obligation be an agreed tax, as stated on page
372, its creation was not an act of sovereignty, but of contract,
and the State has only such rights, under that contract, as
are secured to it by its terms. U. 8. Bank vs. Planters'
Bank, 9 Wheaton, 904. Bank of the U. S. vs. McKenzie, 2
Brock, Marsh 393. 4 Opinions Att. Gen. 90—8 Opinions
Att. Gen. 1.
The authorities cited amply illustrate the role insisted.
upon in this report.
It seems, therefore, perfectly clear that if, in the judg-
ment of the Senate, any part of the contract now existing
between the State and the Baltimore and Ohio Railroad
Company has become, or will soon become, oppressive and unreasonable, then the contract ought to be reformed, so as
to adjust, by cue act of settlement, all questions in dispute
between the contracting parties.
This is the exact duty of those who are in charge of the

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Proceedings and Acts of the General Assembly, 1872
Volume 190, Page 1855   View pdf image (33K)
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