Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1858-03-12

to A upon his marriage with b, here the
payment Of the money in the one case,
and the marriage in the other are prece
dent conditions, and until tie condition
be performed the estate cannot be claim
ed, or vest" These authorities, it seems
to me, are sufficient to satisfy the mind
of any lawyer; but if any in addition be
desired, ] beg leave to refer Senators to
the opinion of the highest judicial tribu-
nal in our own State, which is ia strict
ennfarpAity w;tL si.v rrrcrvnces l. L-,e
given.
In the case Of Collins administrator
of Carman VS.. CarmSn's EXECUTOR, re-
ported in 9TH Maryland, 504, the Court
of Appeals lays down this broad doctrine:
"When the law directs an act to be done,
or condition to be performed for the
purpose of comforting right, that right
cannot be acquired if the act is left un-
done, or the condition is unperformed.
Now, if these authorities be applied With
special reference to the subject which
the Legislature is now called upon to act
how stands the matter? Bacon, Kent,
and other lawyers who have given us the
benefit of their knowledge in form
which can be reached, tell us, as "Me
payment of the money" by those for whose
advantage this bill is, must procede the
vesting Of the title, or, to use the Ian
guage of Chancellor Kent "the estate
cannot be claimed." As | have said, no
one pretends the money was paid by
the Eastern Shore Railroad, +" and there
fore it follows as an irresistible conclusion
both of law and of fact, that no faith has
been violated and none pligbted, except
on condition which has not been per-
formed
But, it is said there is a redeeming
clause in the act Of 1885, which relieves
this case from the principles indicated
and it is sought for in the words of the
Sth section, which read; 1.-The million
of dollars set apart for, and intend
ed to be applied to the said work
shall be held sacred, and the faith of the
State is hereby pledged, that the said
million of dollars shall be applied to
the exclusive purpose of internal i'm
provements on the Eastern Shore, and
for no other purpose whatsoever, and
shall be subject to the disposition of any
future Legislation for this purpose, after
the time shall have expired, for common
cling the work, as proposed in the charter
of the Eastern Shore Railroad Company.
In generous spirit of candor, l avoid
all mere verbal criticism on this clause,
as understood by the majority, and CON
tent myself by simply alleging that to
my mind the dispensation granted by it,
is only to the contingency, that If the
time shall have expired for commencing
the work as proposed in the charter for
the Eastern Shore Railroad Company,
then, nevertheless, the benefit of the
million of dollars is due to those entitled
to it," Now, the historical fact is, the
Eastern Shore Railroad had commenced
before the passage Of act of 1885, but,
as its authorized managers thought il
possible the commencement according to
the requirements of the charter of the
Eastern Shore Railroad Company might
not be such commencement as the Go
vernon ard Treasurer would regard, the
clause in the act was put in-as lawyers
say-from tho abundant caution. But,
be all this as it may, the act of 1889,
chapter 1913, liquidated by payments from
the Treasury of the State, the debts of
the Eastern Shore Railroad Company,
and whilst that act reserves all rights
guaranteed under the act of 1885, it
does not assume to dispose of question
of vesturc of rights; but leaves that
question to the decision of the appointed
judicial tribunals of the land.
] suggested an amendment to the bill
which will bring forth this Judgment,
and hoped the Senate would adopt it
They have seen fit to reject it. ! now
add for support to the views which have
here put together, this remark, (and of
the soundness Of its law have no doubt >
The Eastern Shore, like the Western
Shore, are but integral portions of the
State, constituted Of an aggregation Of
counties, and the sovereign power over
them is just the same, neither more nor
less than that which it rightfully exer-
cises over a single county, whether it be
Allegany or Worcester. That this pow
er exists is plain, not only from the rea-
son of the thing, but from the judgment
Of the highest tribunals of the country
The same bill under which this claim is
preferred, gave to Washington county
one million of dollars, (and, be it observ-
ed, the faith Of the State was as strongly
pledged TO it as to the Eastern Shore, J
in the event that the Baltimore and Ohio
Railroad did not pass through it. The
Legislature RENTED the penalty, and the
constitutionality of the law came into
question, and by the unanimous decision
Of the Court of Appeals, and also the
unanimous decision Of tie Supreme Court
of the United States, it was determined
that Washington county had no consttu-
tional or legal right TO demand the pen
atty.
| regard the act Of 1889, as one recog-
MIXING the insolvency of the Eastern
Shore Railroad Company, the State. deal
ing with it as with other bankruptcy made
in an indulgent spirit, the best compost
ton for its creditors. That act was a
bounty, now it is invoked az controct.
These being my views. / oppose the
passage Of the bill as recommended by n
Of the committee, but if il is to
pass, let it be passed with the amend
nent which have suggested, and which
desire TO be considered part Of this
minority report, and shall repose for