560

LAWS OF MARYLAND.

CHAP. 312
Preamble.

WHEREAS, A public sentiment exists in favor of the con-
struction of permanent public highways in and through the
State of Maryland, with a view to have the people of the
State to emulate the example of other States in this respect;
and

WHEEEAS, The most available points to build such a high-
way as an object lesson is between Washington and Balti-
more; and

WHEREAS, Initial proceedings in respect of such work have
been instituted by the enactment of Chapter 51 of the Acts
of 1896, and of Chapter 434 of the Acts of 1898, and 225
of the Acts of 1904, creating and defining the duties and
powers of the " State Geological and Economic Survey Com-
mission; " therefore

SECTION 1. Be it enacted, That a public highway, to be
known as State road No. 1, be and the same shall be con-

Public high-
way to be
constructed.

structed between the cities of Washington and Baltimore,
the course of which, as near as practicable, shall be along
the route of the old Baltimore and Washington road, the
bed of which, so far as the same is vested in the State or
the several counties through which it passes, is hereby
dedicated by way of easement or fee simple, as the case may
be, to the public use.

SEC. 2. The building, grading and construction of said road

Building, grad-
ing, etc., said
road.

shall be under the direction and control of the State geologi-
cal and economic survey commission, but it shall in no place
be less than thirty feet nor more than sixty feet in width ;
and wherever the said road as hereinafter laid down by said
commission shall pass through any incorporated towns,
unless the said towns shall grant an easement therefor over
a street or streets to said commission (as representatives of
the State), the said commission is hereby authorized and
directed to divert the same so that it may pass around such
town as may refuse to grant an easement as aforesnid.

SEC. 3. Whenever it shall become necessary from any

May condemn
land, etc.

cause to acquire any lands for the purpose of constructing
said road which cannot be acquired by purchase or grant,
the said commission is hereby clothed with power to con-
demn, under the right of eminent domain, as now conferred
on railroad or railway companies by Article 23 of the Code
of Public General Laws, title " Corporations," or as may be