1876.] OF THE SENATE. 935

Fourth. By reason of the refusal of the Committee to sum-
mon and examine the necessary witnesses, the undersigned
cannot say positively, whether any other person than the
State of Maryland is a bona fide stockholder in the Company,
but the undersigned believe from the absence of such testi-
mony, and the other facts and incidents connected with the
case, that the State of Maryland is the only bona fide stock-
holder in said Company.

As to "what is the best course for the State to pursue, in
connection with its interests in said Company," the under-
signed would recommend the passaged the following resolu-
tions :

WHEREAS, It appears that the sum of $163,000 has been
paid to the assignees of the Southern Maryland Railroad Com-
pany, by John W. Davis, formerly Treasurer of the State,
on the warrants of Levin Woolford, Comptroller of the Trea-
sury, without due regard to the provisions of the Act of 1868,
chapter 454.

And whereas, it appears that Samuel S. Smoot, President,
Hamilton G. Fant, Treasurer, and Charles H. Winder,
Secretary, of the Southern Maryland Railroad did on the 6th
day of February 1873, make and subscribe a false affidavit
with the intent to deceive the Treasurer of the State, and to
procure the payment of $81,500 to the Southern Maryland
Railroad Company.

And whereas, it appears that the State of Maryland is the
only bona fide stockholder of the Southern Maryland Rail-
read Company, that said company is bankrupt and largely in
debt to contractors and others, who have furnished work and
material in its construction, therefore.

First. Be it resolved by the General Assembly of Mary-
land, That the Attorney General of the State, be, and he
is hereby authorized and directed to bring suit against the
Southern Maryland Railroad Company, in the name and be-
half of the State of Maryland, to cause its railroad property
and franchises to be sold to pay its legitimate debts, and the
balance, if any, to the Treasurer of the State, for the benefit
of the State.

Second. Be it further resolved by the General Assembly of
Maryland, That in the event that the State shall fail to re-
cover all or any part of the said sum of $163,000 from the
said company, or by the sale of its property and franchises,
the Attorney General of the State, be, and he is hereby
directed to bring suit against Levin Woolford, Esq., Comp-
troller of the Treasury, and his official bondsmen, during
the years 187S and 1874, for such residue of said $163,000,