Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-04-30
THE METROPOLITAN RAILROAD.


Maryland The vote upon the amendment was yeas D
| nays T. On motion Of Mr.. GATHER, Of MONTGOMERY.
message was then sent to the House Of Delegates
questng IT to recede from the exceptionabe amendments
as follows;
By THE SENATE, APRIL 81, 1853
| Gentlemen Of he House Of Delegates:
We herewith return you the bill entitled An ac, H.
incorporate the Metropolitan Railroad Comuany Mn
the respectful request that your honorable BODY win re-
cede from the amendment which imposes capitaton a
on the company proposed thereby to be INCORPORATED
The bin passed by the Senate in compliance with
the request of than thousand citizens Of MARYLAND
residing in the counties Of Montgomery Washington and
Frederick, who ask this act Of incorporation means
of opening them to market for the earnings
Of their honest industry, well furnish them the
means Of improving the soil they cultivate
Recognising the principle that allegiance and protec-
ton reciprocal duties equally binding the people
and the Government the Senate could hesitate in
granting the prayer Of the petitioners whose loyalty has
hesated in prompt and ready obedience all the
commands of unshackled and unencnmbered
by conditions not necessary for the protection Of the
mon veal and which, if imposed, will, in the opinion Of
the Senate materially impair il it does not render value
less the privilege which they have just right to de-
mand Of the Legislature.
If there is principle Of public policy clearly
cognsed by the present General Assembly than
it the development of the of the State and
the improvement of its condition by of acts of
corporation. 4H
The under consideration is believed be the only
asked for by petitioners and called for by
the spontaneous voice Of the people of portion Of the
State who justly think they ought to be heard with favor
Yet it is the only cogged by condition which is
ION the statute book the eternal sleep oblivion
vaiueess to the State whose wealth would augment and
| whose Citizens IL would crafty.
The Senate cannot perceive the principle Of public
ce which justify discrimination against
the people of Montgomery, Frederick, and Washington
counties, whose interests directly involved in
the passage of this BILL untrammelled by condition
calculated to render the franchise valueless Nor it
be seen how the people of the State be benefited by
the Illustration of enterprise which will add mil
OF taxable property to the State subject to its laws
and ready to share in the burdens of ALL If the
interest which the State possesses in the Washington
branch Of the Baltimore and Ohio Railroad is supposed
to furnish reason for the imposition Of condition
which is practical denial of the benefits Of
to the citizens Of that portion Of the who ask for
this charter the Senate would respectfully urge reply
to that idea if entertained by any that the State
place itself in that position without clear violation Of
the most cherished principles Of republican government
Such position would be creation by the State Of a
monopoly in herself to the injury her citizens and in
direct violation of the thirty article of the bill of
rights, which declares that monopoes odious
trary to the spirit of free the principles
Of commerce, and ought not to be suffered" All that
citizens OF the counties interested ask of the State is
that she VIII permit them to use the advantages which
their and The natural benefits their location
afford in developing and promoting the ends of
by opening such avenues Of communication as will be
mutually beneficial to them and to the State Any policy
which, by the creation Of monopoly, whether in the
State or in Individuals would deny them this boon in the
emphatic language of the declaration rights oughtnot
to be suffered" especially when such policy in
fostering the interests of the monopoles thus created
would cripple not only the commercial but the agrcutu
raj resources of people, and deprive them of the
Of improving their SOIL by denying them the facilities Of
transporting the that alone enrich and
der it valuable.
The Senate might here conclude the reasoning by
Of which 1T seeks TO persuade the House of Delegates
recede from the amendment which imposes capitation
tax the company proposed be Incorporated in the
confident assurance that the reasoning employed is su
cent accomplish the end desired but for the
socude entertained to fail in stating all the impor
nt suggestions bearing the under consideration
The Senate regards the amendment Of the House mpos
ing the captation tax inconsistent with another
amendment Of the same honorable body calculated in
great degree TO cripple the charter By the amendment
alluded to, the company is prohibited from paying the
earnings of said road the propretors Of stock of
said company sunt the entire line Of said road shall be
completed from Georgetown, in the District Of Columbia
to Frederick city, and from Frederick city Haycrs
town, but the shall be used and applied by the pre-
sdent and directors to the construction and completion
of said road aforesaid to Hagerstown yet by the
fifteenth amendment, notwithstanding the prohibition to
the president and directors to apply any portion Of the
earnings of said road the propreors Of the stock Of
said company the Metropolitan Railroad Company is
CURED to pay to the Treasurer of this State first
Monday of January and July of each and every year.
the use of the State, oneh of the whole which
be received for the transportation Of on
said railroad from the junction Of said road with the Bal
timore and Ohio Railroad to its terminus at or near
Georgetown, in the District of Columbia"
Are the Two opposite ana conflicting requirements
pahbe! Can it be supposed that any prudent will
subscribe to the stock Of company the charter of which
prohibits him from receiving portion Of the earnings
of said road until the entire line of said road shall be
completed from Georgetown to Hagerstown when the
State comes the graspng hand of despotc power
TO take from him, the moment the road shall be COM
peted to the Baltimore and Ohio Railroad oneffth of
these very earnings which the supreme power of
the State declares shall be FUSED and applied by the
president and directors the construction and compile
ton of said road as aforesaid p
If these conflicting provisions continue parts OF
the BILL the Legislature would aggravate the wrong which
the fifteenth amendment of the House of Delegates nics
the people of the counties above mentioned and place
the State in the attitude Of harsh despot who imposes
arduous and oppressive duties, while at the time il
nterposes such obstacles their fulment as render
the nature Of the duties oppressive the obstacles
nterposed.
If it be deemed wise that the condition contained in the
twelfth amendment should be imposed prudent mea
sure and craftsmanship intended the completion
Of the whole line Of railroad between ermn described
in the act under consideration surely It cannot be re-
garded either just wise that another condition
should be imposed by which the company will be restrict
cd in its means of complying with that very condition
which renders the of all the available means il can
command indispensable TO its fulflment
ARREST FOR FoRGSG PENSION PAPERS james G. Mes
bit was arrested at Richford Toga county by the u
Deputy Marshal Allen, for forging pension papers under
the Of 1926 and had his examination Yesterday ber
U. S. Commissioner Sabine.
The facts substantially are these: Eliakm Ham;Iton
was pensioner living Tioga county On the 4th dav
ofMay, lS43, be died. Nesbt the prisoner forged an
affidavit which purported to have been made by Haml
ton in March, 1853 The Justices jurat was also forged
and the name Of Charles Smith signed a witness to n