# An Act to promote Internal Improvement by the construction of a Rail Road from Baltimore to the City of Washington

| An Act to promote Internal Improvement by the construction of a Rail Road from Baltimore to the City of Washington. | Passed Feb 22, 1831. |
| WHEREAS, a communication by rail ways between the city of Baltimore, in this state, and the city of Washington, in the District of Columbia, would be highly beneficial, as well to this state, and its citizens, as to a great portion of the United States, by the increased facility of communication it would afford between the eastern and southern portions of the union; and the Baltimore and Ohio Rail Road Company have expressed their willingness and desire, with the concurrence of this legislature, to construct a rail road, from some suitable point on that part of the Baltimore and Ohio Rail Road already constructed, in a direction toward the city of Washington, as far as the line of this state, and with the consent and approbation of the congress of the United States, (which they have applied for, and have good reason to expect they will obtain,) continue the same to the city of Washington, so as to effect a complete communication between the two cities by rail ways; and the said company further propose, that the right and option shall be reserved to the state, until the end of one year after the communication by rail way between the said two cities shall be effected and in operation, either to subscribe for and take stock of the Baltimore and Ohio Rail Road Company, to the amount of the whole, or of any part of the funds which shall be expended by the said company in the construction of the said rail road, or to take and hold any part of said amount, not exceeding five-eighths of the whole cost of construction, and of contingent expenses, in a separate and distinct stock, limited in its extent and object to the said cost of the said rail road authorised by this act, whereby this important national work will be effected without any advance of funds, or risk of responsibility by the state, while the right and option will be secured to the slate to derive a full portion of its benefits; and this general assembly deeming it to be beneficial to the state and its citizens, to authorise the extension and construction of the said rail road, on the terms proposed by the said company, and the present being a most propitious moment for the completion of this highly important and useful object, inasmuch as the rate of interest is lower than it has ever heretofore been, and lower than there is any reasonable hope to expect that it will be hereafter; Therefore, | Preamble. |
| Section 1. Be it enacted by the General Assembly of Maryland, That the Baltimore and Ohio Rail Road Company shall be, and they are hereby empowered and authorised, to lay out, survey, locate and construct, a rail road not exceeding sixty-six feet wide on the surface, with the necessary addition for embankments and excavations, from such point or place on that part of the Baltimore and Ohio Rail Road already constructed and in use, not exceeding eight miles from the city of Baltimore, as the said company may deem most convenient, to the line of this state adjoining the District of Columbia, in a direction towards the city of Washington, along the most direct and suitable route that may be reasonably and conveniently practicable; and in the survey, location, construction and use of the said rail road, the said company may and shall have and exercise all the powers, rights and privileges, which they are by their charter empowered and authorised to have and exercise in the survey, location, construction and use of, the rail road from the city of Baltimore to the Ohio River, and be subject to the same conditions and restrictions, except where otherwise provided by this act; | Company may locate road |
| Provided always, that no timber shall be cut on any land other than the bed of the said rail road, by order of the said company, or taken by them for the use of the said road, without the consent of the owner. | Proviso. |
| Sec. 2. And be it enacted, That the state of Maryland shall be entitled and have the option, at any lime before, or within two years after the said rail road shall have been completed and in actual use, to subscribe for and receive stock of the said Baltimore and Ohio Rail Road Company, to the amount of the whole or any part of the cost, including; interest actually paid, and incidental expenses, which shall be incurred by the said company in the extension and construction of the rail road authorised by this act; and the president and directors of the said company are hereby authorised and required, to admit of such subscription, as an increase of the stock of the said company, to the amount which the state, in the exercise of the option and right so reserved, shall elect to take; and the exercise of such right and option shall he in such manner, and by such agent, as the general assembly shall provide; or the state of Maryland shall have the further right and option, to be exercised within the time and in the manner aforesaid, to take and hold as a separaic and distinct stock, any part of the amount of funds which shall be necessarily used in the construction of the rail road aloresaid, not exceeding five-eighths of the whole cost of the said road; and to receive a due proportion of the nett profits which shall be derived from the travelling and transportation on, and other use of the rail road so authorised to he extended and constructed by this act; and on the subscription by the state for the whole, or any part of the amount of the cost of the said rail road, or electing to take and hold a part of the same as a distinct and separate stock, as above provided, the state shall pay for the same to the Baltimore and Ohio Rail Road Company aforesaid, in money, or in stock of the state, bearing interest at the rate of four and a half per centum per annum, to the amount of the stock subscribed for or elected to betaken by the state pursuant to this act, in such way as the legislature shall provide. | State entitled to subscribe |
| Sec. 3. And be it enacted, That the Baltimore and Ohio Rail Road Company shall be entitled to charge and take, as a compensation for the use of the rail road, which they are authorised to construct by this act, and for the conveyance of passengers and transportation of property thereon, at and not exceeding the following rates and amounts, to wit: For conveying any person, or transporting any parcel or property any distance whatever, twelve and a half cents; for conveyimg each person the whole distance between Baltimore and Washington not exceeding one dollar and fifty cents, and four cents per mile for any part of the distance more than three miles; for thfe transportation of any single bale, box, or parcel of merchandize, or other articles, weighing not more than fifty pounds, and measuring in size not more than two cubic feet, the whole distance aforesaid, twenty five cents, or for any distance less than the whole one cent per mile in addition to the twelve and a half cents herein before allowed, provided that in no case shall more than twenty five cents be exacted or received; for any such bale, box or parcel, except flour or grain in barrels or bags, not exceeding tem cubic feet, in size, weighing not more than one eighth of a ton, fifty cents for the whole distance, or for any distance less than the whole, one cent per mile in addition to the twelve and a half cents herein before allowed; | Rates |
| Provided, That in no case shall more than fifty cents be exacted or received for the transportation of all produce, manufactures, merchandize and property, of every description, when the whole quantity transported at the same time for any one parson or copartnership, shall exceed one eighth of a ton, at such rate not exceeding four cents per ton per mile for tolls and transportation in either direction, as shall be regulated and fixed from time to time by the said company; and the said company shall have power to make special contracts for conveying on the said road the mail of the United States for the exclusive use of any car or wagon, or part of a car or wagon, on the said road, for a limited time or distance, and for the transportation thereon of horses, and other living animals, and of carriages, machines, furniture, and articles of large size or unusual construction, or requiring more than ordinary care, or particular arrangements for their conveyance; and the president and directors of the said company, or a majority of them, shall have power from time to time to regulate and fix the prices to be charged and taken for loading and unloading, weighing, storage, receipt and delivery, of all articles and parcels, which shall not be greater than the customary charges for similar services in Washington or Baltimore, and all charges shall be uniform on every part of the said road, and in each direction. | Proviso |
| Sec. 4. And whereas, it is important to the public that the turnpike road between the cities of Baltimore and Washington should be preserved in its present state of usefulness; therefore, Be it further enacted, That the corporations owning said turnpike road, shall he allowed and authorised to subscribe for and furnish a portion of the funds to be used in the construction of the rail road authorised by this act, to an amount not exceeding one hundred thousand dollars, to be divided between the said corporations, in proportion to their respective capitals, and which the said companies shall respectively pay by instalments, to be called for by the Baltimore and Ohio Rail Road Company, from time to time, in just proportion to the expenditures made on the said rail road; and the payments for the subscriptions aforesaid shall be considered as an addition to the present capital of the said two corporations, and may be accordingly noticed in their certificates of the capital stock thereof; ana the said respective turnpike road companies, in their corporate capacities, shall be entitled to receive and hold, as a part of their capital stock, the amount which shall have been subscribed and paid by them as aforesaid, in the same description of stock which shall be elected to be taken by the state, as provided in this act; | Corporations owning turnpike may subscribe |
| Provided always, that the dividends to which the said turnpike companies shall be entitled, in virtue of any subscription and payment as aforesaid, shall be applicable, in the first place, to put and keep their respective portions of said turnpike road in good and sufficient repair; and that the legislature may provide by law for retaining any such dividend, whea any part of the said road shall be out of repair, and for the application of so much of said dividend as shall be proper and necessary for the repair of such road; Provided also, that in case the state of Maryland shall not elect to take stock in the manner herein before provided, then the Baltimore and Ohio Rail Road Company shall be entitled and bound to permit the said turnpike road companies respcctivelv, at their option, to subscribe for and take stock of the said Baltimore and Ohio Rail Road Company, at the par value thereof, to the amount which the said turnpike road companies shall have severally subscribed and paid as aforesaid, or if so required by the said turnpike road companies, to return and pay to them respectively, the money which either of the said companies may have subscribed and paid, with interest thereon, at the rate of five per centum per annum from the time of its payment, until it shall be returned as aforesaid; and that the respective determinations of the said turnpike road companies, to subscribe and pay as aforesaid, shall be signified by resolutions of the president and managers of each company, under their corporate seal, and he so certified to the Baltimore and Ohio Rail Road Company, on or before the first day of May next, otherwise the rights granted by this section, and the provisions therein contained, shall be void. | Provisos. |
| Sec. 5. And be it enacted. That when the legislature shall provide for the exercise of the option and right reserved to the state, as mentioned in the second section of this act, they may also provide for the appointment of such directors, auditors, for the purpose of liquidating the accounts, and ascertaining the actual cost of the said rail road, and other officers or officer, to have charge and superintendance of the interest of the state, in any separate stock, which the state shall so elect to take, in such manner as so the legislature shall seem proper, the control of the state over the rail road hereby authorised to be constructed, to be always commensurate with the amount of the state's interest therein; | Right reserved to state |
| Provided, That nothing herein, contained shall be so construed to preclude the legislature of this state from the imposition of such taxes as may be reasonable and just, in accordance with the burthens imposed on other real or personal property. | Proviso |
| Sec. 6. And be it enacted. That it shall be the duty of the president, or chief officer of the Baltimore and Ohio Rail Road Company, to report upon oath, or affirmation, to the General Assembly, on the first day of each session, the amount of money expended in forming the road hereby authorised, and the amount of tolls and other charges received therefrom. | Repeal to be made of a mounts of cost, &c. |
| Sec. 7. And be it enacted. That if the said rail road shall not be commenced within one year from the passage of this act, and finished within this state in three years thereafter, then this act shall be null and void. | If not commenced within one year act to be void. |
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