Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1853-02-23
The baltimore and Ohio Railroad
RI [|Ei Company. "a

In printed pamphlet, prepared and
published by Alexander j. Marshall, con
tanning his memorial to the City Council
of B baltimore, together with a correspon-
dence between himself and Thomas Swan,
President of the Baltimore and Ohio
Railroad Company, some important dis
closures are made to the public, which,
in our opinion, demand investigation and
action by the Legislature of Virginia.
The facts presented, are briefly these
In the winter of 1861, the Baltimore
and Ohio Railroad Company, for the pur-
pose of influencing the Legislature of
Virginia, and procuring a Fright of way"
through Ter terrirory to the Ohio, on
such terms as would best subserye their
interest. and be acceptable to the stock
holders, employed Alexander J. Marshall,
az ols.iinSuiished and talented gentleman of
Virginia, to become their advocate in
Richmond, with the promise of mn H.oa..
sand dollars, in the event of success ON
his part. Through his active, energetic,
and unwearied exertions, aided by ,l-
naerouS and int7uential agency, enlisted in
the cause by him, the law of 1847 was
obtained.
Subsequently, Mr.. Marshall demanded
of the Company his stipulated compensa-
tion-it was denied him. A long and
tedious negotiation followed, until. de-
spairing of success through any other
means, suit was instituted, TO test the
matter in the Circuit Court of the United
States, held in Baltimore.
Here begins course of conduct, on
the part of the Baltimore and Ohio Rail
road Company, marked by degree of
terpitude rarely to be found in the re-
cords of Judicial controversy. A course
of conduct, the meanness of which is on
ly equalled by its faulty and one which,
as we think, places the charter of that
Company completely in the power, and ut
the mercy of the action of the Virginia
Legislature, and justifies her in the exer-
else of that power to the fullest extent.
This company had obtained from the
Legislature of Virginia rights and privi-
leges, by which they were enabled with
Briarian arms, to grasp from this old Com
monwealth, and divert from her cities,
trade of untold value. They were ena
bled to confer upon the city of Baltimore
commercial advantages which she would
not exchange for millions. And when her
employed advocate and agent, by whose
instrumentality this mighty work was ac-
complished, demands his stipulated re-
ward, he is forced into court of justice
for relief This mighty-this powerful :
this wealthy and prosperous corporation,
in order to escape the payment of what
was to them the Pititul sum of fifty thou
sand dollars, filed rs their defence the
plea, that tie contract made sCiM Mr.. Mar
shall, by arhick his services and those tchOnl
he associated tciM lin, aras obtained, WAS
AGAINST PUBLIC POLICY, AND THEREFORE,
NULL AND VOID. Or, in other words, that
they had by means of a corrupt and un-
lawful bargain accomplished their own
selfish ends, and having no further use
for the agency employed in that accom-
plishment, spread out their own infamy as.
a shield, behind which TO skulk from pc
cuniary responsibility. This plea, more
meretricious than the statue OF limitations
or the plea of usury, to escape an honest
demand, is the foremost plea filed by them
in their defence. 1t is relied upon, and
the court is asked to sustain it, and in
struct the jury that it is a good defence
The company have succeeded in making
good this'defencc before court of the
United States-Gnd 1t norc Stands adjddi-.
Gated before IL competent tribunal, that
Virginia has been cheated out of the char
ter granted that pany-thaL an agen-
cy and means in fraud of the law were
used to obtain it. The company are cs-
topped from denying that such is the fact.
for they have themselves spread the evil
dence upon the records of court of JUS
tice.
Upon the above grounds. an effort is
being made in our legislature to declare
the charter of the Baltimore and Ohio
Railroad null and void" We do not be-
lieve that the effort 10 take their charter
from the company will succeed, but we
would like to see the company compelled
to render justice to individuals. That
corporations have no souls" has become
fixed fact, and in regard to none is it
truer than with the Baltimore and Ohio
Railroad Company. The most that can
be said in its favor is, that it is necessary
evil.
Death of Jacob w. Harper.