486 



MARYLAND. 



the recent conduct of their most influential partisans, 

 the Tammany Democracy of New York, shows that 

 the large part of their adherents are not even true to 

 the time-honored American principle of entire reli- 

 gious freedom. And this condition of things, added 

 to the astounding extravagance and corruption re- 

 cently exposed on the part of the Democratic Govern- 

 ment of New York, shows how unfit is this divided 

 and to a great extent corrupt organization to govern 

 a country saved by loyal blood, and preserved in 

 peace by the great party of liberty and progress. 



Resolved,, That we are heartily in favor of such re- 

 form in the civil service as shall make appointments 

 to public office dependent upon fitness and character, 

 and allow removals for cause only. 



A convention, composed of professedly Con- 

 servative Republicans, was held in Baltimore, 

 on May 23d, the avowed object being "to ef- 

 fect a new and thorough reorganization of the 

 Union Republican party on such a basis, both 

 in reference to political principles and in the 

 distribution of patronage in the event of suc- 

 cess, as will secure the zealous support of all 

 good citizens, whether Republicans, Conserva- 

 tives, or Democrats, who are opposed to the 

 reckless mismanagement and audacious ex- 

 travagance of the party now in power in the 

 city " (of Baltimore) " and State." A platform 

 was adopted indorsing the Administration of 

 President Grant, particularly with regard to 

 national finances ; alluding to the Treaty of 

 Washington as the proudest memorial of the 

 Administration, entitling the President to the 

 gratitude of both nations representing the two 

 divisions of the numerous Anglo-Saxon race ; 

 declaring for universal amnesty to strengthen 

 the Republican party and facilitate the benefi- 

 cent work of reconciliation between the North 

 and the South ; and protesting against the 

 closing of public schools, as it was alleged has 

 been done in some of the counties of the State. 

 A committee was appointed to inaugurate a 

 Republican State organization for a vigorous 

 fall campaign, and then the convention ad- 

 journed to June 15th. On reassembling, the 

 following ticket was recommended to the 

 people, though not formally nominated : For 

 Governor, Jacob Tome ; Attorney-General, 

 George A. Pearre ; Comptroller, J. Henry 

 Sell man. 



The election took place on Tuesday, Novem- 

 ber 7th. The Democratic ticket was elected by 

 a large majority. The total vote was 132,783, 

 of which Whyte had 73,959, and Tome 58,824 ; 

 Whyte's majority over Tome was 15,135. The 

 Democratic majority for Congress the previous 

 year was 18,778; and for Seymour, in the last 

 presidential election, 31,919. The Legislature 

 elected at the same time was largely Demo- 

 cratic. 



In accordance with the provisions of the 

 State constitution, which requires the Gov- 

 ernor, immediately after the taking and pub- 

 lishing of a national census, or a State enu- 

 meration of population, to rearrange the repre- 

 sentation in the House of Delegates, Governor 

 Bowie issued his proclamation in June, declar- 

 ing the new apportionment. By this, Allegha- 



ny, Cecil, Frederick, Hartford, and Washington 

 Counties, lose a member each, and Somerset 

 gains a member. Thus, the entire number of 

 members will be eighty-two, instead of eighty- 

 six, as heretofore. The basis on which the 

 apportionment is made is as follows : each of 

 the counties having a population of 18,000 

 souls, or less, shall be entitled to two dele- 

 gates, and every county having a population 

 of over 18,000, and less than 28,000 souls, to 

 three delegates; and every county having a 

 population of 28,000, and less than 40,000 souls, 

 to four delegates ; and every county having a 

 population of 40,000, and less than 55,000 souls, 

 to five delegates ; and every county having 

 a population of 55,000, and upward, to six 

 delegates, and no more ; and each of the three 

 legislative districts of the city of Baltimore, to 

 the number of delegates to which the largest 

 county shall or may be entitled. 



The important question of the relation of 

 the State with the Baltimore & Ohio Railroad 

 Company, which occupied a large share of the 

 attention of the General Assembly of 1870, 

 and has long been agitated by the people, was 

 partially decided by the courts. T wo of three 

 suits instituted at the beginning of the year by 

 the State's counsel were decided against the 

 company. The first was for the recovery of 

 $500,000, one-fifth of the amount received from 

 passenger-travel upon the Washington branch 

 of the road from January 1, I860, to January 

 1, 1870, claimed under the provisions of the 

 charter granted by the State to the company, 

 and various acts of the General Assembly, 

 granting State aid at the time of its construc- 

 tion and since, relating to the road and its 

 operation, all of which were from time to time 

 accepted by the company. The defendants 

 held that the several acts, so far as they pro- 

 vide for the payment of this tax, are unconsti- 

 tutional, because in conflict with the Constitu- 

 tion of the United States, according to the de- 

 cision of the Supreme Court, in Crandall vs. 

 State of Nevada; and that the fact that they 

 have charged this tax upon the passengers, 

 and accounted with and paid the State Treas- 

 user one-fifth of their gross receipts for the 

 transportation of passengers up to a certain 

 period (the 30th of June, 1868), does not estop 

 them from denying the constitutionality of 

 these acts, and claiming that the plaintiff was 

 not entitled to recover. These prayers were 

 granted by the Superior Court, but reversed 

 by a full bench of the Court of Appeals, and, 

 being sent back to the Superior Court, judg- 

 ment was entered on the 1st of December for 

 the State, in the sum of $351,290.18. The opin- 

 ion of the Court of Appeals was rendered by 

 Chief-Justice Bartol on May 30th. The judg- 

 ment of reversal was placed altogether upon 

 the ground of the State's right to recover the 

 money already collected by the company in an 

 action for money had and received, without 

 regard to the constitutionality of the acts of 

 the Assembly. The point raised against the 



