The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-01-13

and Washington road. Its therein required
that the company ''shall pay to the Treasurer
Of Maryland on the frst Monday Of January
and July ia every year, for the use of the
State, one.tflh Of the whole amount which may
be received for the transportation Of passen-
gers on said railroad, BY said company, during
six months last preceding" 1t is further re-
quired that ''tho president shall exhibit on oath
10 the General Assembly on the first day Of
January, or as soon thereafter as the said As
scmbly shall convene, in each and every year,
an account showing the gross amount received
BY said company for the transportation of pas
senger, on said road, and the States proper
tion thereof" The Governor states that the
president of the road has failed and refused for
eighteen months to make the payment required,
aud, as he intimates, with a purpose, has ne
elected for the same length of time "to exhibit
on oath an accountshowing the States proper
ton OF their gross receipts" The Governor
also complains that since 1868 the company has
adopted method Of its own of apportioning
the travel between the eight miles of main stem
aud the thirty miles of branch which 90 to
make up the distance between Baltimore and
Washington, the reason and equity Of which
the Governor processes himself incompetent to
understand. lie recommends the appointment
Of competent accountant, empowered upon
oath to examine the books Of the company and
investigate the whole question. As TO the
grounds upon which the company bases its re-
fusal to pay over one-flth of its receipts as re-
quircd by law, the Governor saws they are I'M
derstood to be LIST, that the company had by
its original charter the right to build lateral
roads without tho conditions exacted by the
act Of 1928; ID, that the State has already re-
ceived enough to compensate her for any risk
she ran Sd, that the payment to the State is
in the nature Of a capitation tax upon passen-
gers, therefore unconstitutional, according to
the recent decision Of the Supreme Court in the
Nevada case; 4th, that the Baltimore and Po-
tomac road is competing road, the building
of which should relieve the Baltimore and Ohio
road from further payment of the bonus.
The Governor reviews these reasons at length,
and argues the futility of each and every one
of them as adording any Justification for the
action of the company. lie further suggests
that shond the issue be pressed, it will be
question for the Legislature whether to release
the company from the payment Of the "bonus"
on the Washington branch, and subject its
whole capital and property-exceeding $780,
900, 600 in value, to such taxation as other cor
| poratons and interests are required to pay
He argues generally the constitutional right Of
the Legislature to repeal the exemption from
taxation which the company now enjoys, or il
such exemption is to be regarded in the light
of a contract, he holds that the refusal Of the
company to abide bV its obligation to pay the
one-titth passenger receipts to the State
amounts to failure OF consideration and con
sequent release OF the State. Whether, there.
fore, the Legislature decide voluntarily to re-
linquish the "bonds" or the company pcrseyere
in its refusal to pay, the Governor recommends
that the question be tested by repeal of the
clauses exemPting the property of the company
| from taxation.
The Governor recommends the appointment
OF a commission to digest and prepare gen.
eral system for the improvement of common
roads throughout the State.
A reference to the commissioner Of labor and
agriculture of all claims arising under the ae,
OF 1861, chap. l4s, for moneys illegally demand
ed and received BY tobacco inspectors is re-
commended.
The proposed fifteenth amendment to the
constitution Of the United States next receives,
consideration in the message. The Governor
hrst seeks to strip the question Of any partisan
character by adyerting to the fact that nearly
all the legislation Of the State for the political
amelioration of the condition oC the eolored
race has come from the Democratic party. The
Governor thinks that the pivotal point upon
which the date of the amendment will finally
turn, is that no amendment to the constitution
can be acted on without a full and untran.
melted representation Of all the States of the
Union at the time when such amendment is
originally submitted. This question the Gov.
ernor is willing to remit to the decision of the
courts when partisan influences shall have lost
their force. At the same time he argues that
the amendment itself is in conflict with the in
herent constitutional and sovereign right of
every State to designate for itself the class of
persons in whom political power within its
borders shall be vested, and by whom 1t shall
be exercised. lie further SAYS that to commit
such power into the hands of the ignorant and
vicious is 'to invert the pyramid and place ii
on its apex" The fathers taught that the per-
petuity of free institutions must rest on the
virtue and intelligence of the citizens.
The Governor rsverts to the claim of thu
State upon the United States for compensation
Tor emaneipated slaves, and supports his posi-
uon Dy long quotations from message of Gov
ethor Dradiofd and the inaugural address Of
Governor Swami, both equally Jealous in sup-