MARYLAND. 



487 



constitutionality of these acts was, however, 

 considered. Judge Bartol said : 



But in our judgment there is no analogy "between 

 that case and the one before us not the least simi- 

 larity between the Nevada statute and the acts of 

 Assembly of Maryland which are here assailed. 

 These do not, like the Nevada law, in terms or in 

 fact, " impose a tax, for the use of the State, upon the 

 right of the citizens to travel, at the usual and agreed 

 rate of fare, over existing and established routes, and 

 in existing and established conveyances." The Mary- 

 land laws were passed in order to create new and im- 

 E roved modes of conveyance ; to give to the travel- 

 ;r better, cheaper, and more rapid means of trans- 

 portation than before existed. It is a perversion of 

 the intention of the Legislature, and contrary to the 

 whole scope and meaning of the laws to construe 

 them as imposing a tax upon travellers or an obstruc- 

 tion upon the right of locomotion. $ The whole argu- 

 ment of the appellee, by which it is sought to bring 

 this case within the principle decided in Crandall vs. 

 Nevada, is that the effect of the State's reservation 



road, and thus it operates indirectly as a tax upon 

 him ; if this be so, it is no infringement of his consti- 

 tutional rights. Such would be the effect of any 

 State law imposing taxes upon the property of the 

 company for the support of government, as thereby 

 the pecuniary burdens and expenses of the company 

 would be augmented, and its rate of charge for trans- 

 portation consequently increased. 



A separate concurring opinion, by Judges 

 Alvey and Grason, was rendered, assuming 

 that the law in controversy being constitu- 

 tional and fully operative, the reversal should 

 be upon that ground. As this suit was only 

 for moneys received up to January 1, 1870, 

 additional suits were brought, after the deci- 

 sion of the Court of Appeals, for moneys re- 

 ceived between that date and January 1, 1872. 



The second of the two suits, referred to 

 above, as having been decided in favor of the 

 State, was instituted for the recovery of such 

 sum as might be due the State for the differ- 

 ence between the sterling interest paid by the 

 company in London and the perpetual divi- 

 dend of six per centum stipulated to be paid 

 to the State on its stock in the main stem of 

 the road. The State, at the trial before the 

 Superior Court, contended that under the law 

 containing this stipulation, regarded as a con-, 

 tract, the company bound itself to pay the 

 amount in currency, as other stockholders 

 were paid, and that inasmuch as the sterling 

 interest, payable in London, had been remitted 

 by it at the large cost of exchange which ex- 

 isted during the war, the State had become its 

 debtor for the difference between gold and 

 paper. Its claim amounted to over $297,000. 

 Judge Dobbin decided that the law was a con- 

 tract for the payment of the dividend in gold ; 

 and, having thus settled the principle, the case 

 was referred to Hon. J. Morrison Harris, the 

 auditor of the court, for the statement of 

 the account. This, when finally completed, 

 showed a debt of the company to the State of 

 over $300,000 in gold, instead of a debt of the 

 State to the company, as claimed, of $297,000. 

 In the third suit, a bill in chancery has been 

 filed, involving the proper apportionment of 



the earnings of the "Washington Branch and 

 the main stem between "Washington and 

 the Relay House. This case grew out of an 

 inquiry, made in the annual message of Gov- 

 ernor Bowie to the Legislature of 1870, for the 

 authority by which, since 1863, the receipts of 

 the company had been adjusted in its office in 

 the proportion of three-sevenths to the credit of 

 thirty- two miles of branch, and four-sevenths to 

 that of the eight miles of stem. The compa- 

 ny having admitted the charge, the chancery 

 proceeding is to ascertain whether such an 

 arbitrary division of the receipts of the Wash- 

 ington Branch road could, under its charter, 

 be lawfully and rightfully made. If this basis, 

 upon which the company has settled with the 

 State in what payments it has made on account 

 of dividends from the Washington Branch 

 since the change in the mode of keeping its ac- 

 count, is repudiated by the courts, it will owe 

 the State a large addition to the already large 

 sums it has been decided to be in her debt. 



The railroad system of the State has been 

 improved and extended during the year. Work 

 has progressed on the construction of several 

 important lines and branches, and new projects 

 have been agitated. By railroad extensions in 

 the West, Baltimore has been put into direct 

 communication with leadingWestern cities, and, 

 by similar extensions in the South, with New 

 Orleans and the important Southern ports. 

 Considerable interest has been shown during 

 the year in the project of a railroad from Bal- 

 timore through Anne Arundel and Calvert 

 Counties to Drum Point, at the mouth of the 

 Patuxet River, which was first agitated in 

 1866. Drum Point has long been known to 

 the shipping interests as one of the safest and 

 most commodious harbors in the country, with 

 deep water, never obstructed by ice, and within 

 an easy run of the capes. During the past 

 year, the amount of private subscriptions, re- 

 quired by the charter to enable the company 

 to organize ($250,000), has been entirely real- 

 ized from New York and Baltimore capitalists, 

 and the necessary legislation was asked for by 

 Governor Bowie, to enable Baltimore, and the 

 counties through which the road is to pass, to 

 subscribe, the former $300,000, the county of 

 Anne Arundel $200,000, and the county of 

 Calvert $100,000, to the stock. The Chesa- 

 peake & Ohio Railroad is nearly completed, 

 and is partially in running order. To secure 

 the completion of the Western Maryland Rail- 

 road, to run from Baltimore to Williamsport, 

 through a valuable section, Baltimore has been 

 asked to extend aid to the amount of half a 

 million dollars, in addition to $1,400,000 virtu- 

 ally appropriated by popular vote in 1869. 



A gratifying report is made of the opera- 

 tions of the Chesapeake & Ohio Canal during 

 the year. The amount of indebtedness paid 

 during the fifteen months, between July, 1870, 

 and November, 1871, was $441,333, and there 

 are now (January, 1872) in the canal treasury, 

 drawing interest, over $83 000, to be expended 



