Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-03-28

company.
5. BE IL further enacted, That the said compa-
ny shall be allowed the term offou years from the
passage OF this act, TO begin the said rail road
within this State, and ten years thereafter TO COM
p!ete the same; and if they fail herein, in Ell
Their CASE they shall then forfeit all the benefit Of
this act.
6. BE il further enacted, That the said compa-
ny shall be entitled to the full benefit of the ele-
vcnth section of the act, entitled An act prescrb
ing certain general regulations for the incorpora-
ton of Turnpike Companies" and where any deep
cuttings, high entertainments or other circumstan-
may require greater width than sixty-six feet
for the said road it shall and may be lawful for the
said company TO occupy and condemn in the man
ner prescribedby law, ground Of sufficient width
{ therefor, not exceeding one hundred and twenty
feet.
4. This act shall commence and be in force as
as the assent of the president and directors of
the Baltimore and Ohio RAILROAD Company shall
be given thereto and transmitted to the Executive
OF this Commonwealth.
, AMENDMENTS.
Proposed 10 the -fct, entitled, s9R .fct concern
ing the Baltimore and Ohio Rail Road Com
Pdny."
Strike out from the commencement OF the bill TO
|. The commencing clause, and insert The follow
, ing:
WHEREAS by an act of the General Assembly,
passed on the Sth Of March, 1927 entitled can act
TO confirm law passed at the present session oil
| the General Assembly, OF Maryland, entitled an act
70 incorporate the Baltimore and Ohio Rail Road
Company, the act OF the said General Assembly
OF Mar land is recited; aud whereas by the atore-
said reced act in the 2d section thereof il is en-
acted, that full right and priviiegeis hereby re-
served to tie citizens Of this State any compa-
ny hereafter to be Incorporated under the authori-
~ OF this State, TO connect with the road hereby
provided tor any other railroad leading from the
main route TO any part parts of this State: Pro
plded, that in forming such connection, injury
shall be done TO the works of the company, hereby
I fn O1r. kxr L,f 6
the act ofhe General Assembly of this State be-
fore mentioned, it is among other things enacted
that, 'tle same rights, privileges and immun-
ties which are reserved TO the state of Maryland
or 10 the citizens thereof, are hereby reserved to
the State OF Virginia and her citiZens; and where
as 1t IS doubted whether any privileges whatever
are reserved by the said 23d section Of the act OF
Maryland the said first section Of the act of Vir-
glnia except the naked right, not necessary to be
\ reserved by act of Assembly, of approaching the
said railroad, without the right Of substantial
connection Herewith, by entering upon, or using
1t; which construction would render the said Sec
tons OF no avail operation whatever, but which
could not have beenintended by the Legislature of
Maryland, & was notntended by the Legislature of
Virginia, in and by the act aforesaid, which con-
| temPiated substantial connection with the said
| road, and whereas it may be doubted, whether e.
ven such connection is not limited tosuch roads or
other improvements intersectn1 the said main
route, which shall lead TO some part or parts of the
State of Maryland; and wheaeas embarrassments
| and future contests may grow out of such miscon-
structlons, 1t they can be made, which ought now
TO be prevented:
/. Be at MeTcfore enacted, That the act Of the
General Assembly of Maryland, and the act of the
last session OF the Legislature of Virginia shall
heresfter be construed to mean-That full right
and privilege is reserved to the State of Virginia.
and her citizens, and to any company heretofore
or hereafter TO be Incorporated under the authority
OF this State, to connect with the main route of
said railroad and TO place thereon any machine or
machines, Wagon or Wagons, carriage carria-
ges, which they may deem necessary or proper
Tor the purpose OF transportation of persons goods
produce, merchandise property OF any kind, pay
ing TO the said company the toll reserved in and by
the said recited act that is to say, toll ex.
ceeding one cent ton per mile, when passing from
west to East, and not exceeding three cents ton
per mile, when passing from East to West and
that the said connecting roads within this State
may lead from the main route aforesaid to the Po-
tomac river, to the town of Alexandria, or to any
other part or parts of this State Provided, That
in forming such connection injury shall be done
to the works OF the company aforesaid, except such
as are unavoidable in forming the connection and
in the use of the road by the State of Virginia. by
Incorporated comPanies{ therein, OR By any indi-
vIdual or individuals Of the said State.
2. And whereas the aforesaid act OF the last ses-
sion OF the General Assembly of this State was past
In great haste, during the hurry Of the adjourn
nent, III consequence whereof many impoi tant
privileges and immuniues were granted to the com
ests OF the citizens Of this State. in way hitherto
unknown to the laws OF this State and as is feared
by many, greatly endangering the free institutions
OIL tins State, its future harmony and prosperity,
and possibly the harmony which ought to exist be-
tween this State and the State of Maryland.
g. And whereas it appears that III the hurry
aforesaid, the Legislature omitted TO extend to the
said company, the benefit of the I1th section Of the
act, entitled, " An act prescribing certain general
regulations for the incorporation of turnpike COM
paiiies," without which benefit the said company
cannot take possession OF and acquire right to the
lands condemned for the road aforesaid and it has
been proposed to the present General Assembly to
remedy that Inconvenience, by extending TO said
company the benefit Of said section;
a. he NfuTtheT enacted, That the benefit of
the SAID section shall not be extended 10 the said
company, until the State of Virginia has had full
time, and opportunity to examine into the great
and important lights aforesaid, and how far il may
be wise and safe TO confer any and what privileges
State
8. Hnd6e it, further enacted, That in the mean
Tune the said company may have the privilege If
they think proper to exercise the same 10 come
within the limits of this State, and to select and
mark out any route for railroad through the
same to the Ohio river, TO be laid before the next
General Assembly, that they may be enabled to
Judge thereof; and that, on their failure so 10 do
the aforesaid act of the last session shall cease TO
opc:ate, OF have any force within the limits Of this
State"
-fnendmeRt offered subsequently, in the Senate.
Strike out from the word sc force" in the first
line oil the commencing clause to the end of the
clause and insert in lieu thereof the words 90 Gn
and after the passing thereof"
Before the commencing clause insert tba C,l
lowing section: VIZ ''i
" ind be ii further enacted, That no tolls shall