Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-04-01

| AHEAroLts, March@
Tho Baltimore aud Onto Railroad
Case IN the House OF Delegates
Adverse Report on ths senate res
| Iutiona-Proposttton for suit ~
law or By NH In Equity, &C. .
The Inevitable Baltimore aud Ohio rail-
road case reappcared In the House OF Dele
gates to-day IN now shape. Mr.. Merrlok,
chairman OF the COMMITTEES Of Ways and
| Means, reported unfayorably the Senate
resolutions, (Stephenson's.) Mr. Merrlek's
report, amer recltlng the facts Of the pre-
yious action Of the two houses on the sub
Ject, concludes as follows;
ussThe Governor is prohibited by the Con.
stitution from employing additional counsel
In any case, unless authorized by the Gene.
raj Assembly. Il lie we'll known that pro-
ceedings by seirs fdeids at common law to
enforce the forfeiture Of a charter can, In
Maryland, only be Insulated by the express
direction OF the General Assembly. Your
committee are aware that the general cor
poration act OF 1858 provides for a new and
peculiar statutory proceeding against corpo-
ratlons, at the Instance Of the Governor, for
abuse OF their chartered privileges, but they
are OF opinion that tho provisions OF the
statute regulating the judgment 10 be pro-
nounced In such cases, Ito wit, the 10th
and 1sitt sections, which direct the courts,
after ascertaining a legal cause for forfeit
ure, 10 consider whether the public interests
require a forfeiture 70 be decreed or not
are In violation Of the eighth article Of tho
Declaration Of Rights, which declares that
the legislative, executive and judicial pow.
era Of government ought 10 be forever sepa-
rate and distinct from each other. ~.
snow, II any class Of questions can be
said to belong to the political departments
of Government, and not TO the judicial de-
partment, II ls that class Of questions which
Involve an inquiry into the public interest,
Deeply Impressed with the necessity OF nd-
herring TO the fundamental principles Of our
political system, your committee would be
unwilling at any time TO imperil the recog-
nIzcd distinctions bstween judicial and 20.
4 litical functions. But particularly unfortu.
= nate would II be to make the experiment in
a case surrounded by such large pecuniary
interests, and calculated 10 awaken 20 many
,, passions as would he a contest between the
State and the Baltimore and Ohio railroad
8 corporation before court over the question
; whether public policy demanded a vacation
oflts charter Considerations Of this naturC
+ controlled your committee and the House o.
a Delegates Itself In proposlng the common
/; law remedy OF scirs facids, which proposition
the Senate, 10 the exercise Of lts Judgment
hhs declined TO sanction.
n efficient as your committee believe thai
remedy would have proved for the enforce
J. ment OF the present demands Of the State
and still more efllcien. as a means through
n which control might have been obtained
over the charter OF the company for the
\ purpose Of securing the rights Of the State
against future encroachment and tho welfare
OF the citizens Of the State by Just and SAM
+, tary restrictions upon the powers Of the
v company, without impalring It's usefulness
as great avenue OF trade and travel, OF
sacrificing any property interests Of limo.
j cent persons, we arc constrained by the
a Judgment Of the Senate 10 rellnqulsh that
mode Of redress. For the reasons already
' assigned your committee deprecate a resoft
!. TO the procedure specified by the act OF 1868,
!, chapter Al. There remains only, under the
II present circumstances, for the State the
81 adoption of the common form Of an action
at law or a bill In equity for an account o.
moneys due, under the sanction Of the Gen
:, eral Assembly, The committee, In lieu o
~ tho Senate resolutions, then recommend th
At adoption Of the following;
m "Jolnt resolution relating 10 the demand
Of the State Of Maryland against the Baltl
O. more and Ohio Railroad Company.
L "Bs q resolved by Lhs General AstsHbly 0
Maryland, That the Governor Is hereb
u authorized TO employ additional counsel Il
', assist the attorney general in institullul
n all proper proceedings, BY suit at law or b.
bill In equity, TO enforce the just demand
OF the State Of Maryland against the BRltl
q more and Ohio Railroad Company, and tina
, the snme should be instituted without delay
Mr. Merrlek suggested that further action
on the resolution be postponed until late
, In the day, o enable the minority Of TIT
committee 10 make a report, &C.