Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1875-06-24

(From The Port Tobacco Times.)
THE STATE VS.. B. & o. r. r.


THE STATE VS.. b. & O. r. f.
Those who supposed that The recent
decision Of the Supreme Court, III rela-
tion to the ''capitation tax" due BY the
b. & @. Il. r, had settled that ques-
ton in favor of the State, were count
ing their chickens before they were
Matched. II is true that in that par
ticular case the Railroad Company, by
decision OF the Court, being liable to
execution, have paid the amount for
which suit was brought into the Treas
ury. But that suit was only to recover
the amount which was due the State up
to, say, LIST January, 1870. Under the
law this one-ffth of the passenger fare
collected on the Washington Branch. is
payable to the State every SIX months.
and for these instaliments thus due
suits have been regularly docketed ev-
cry six months BY the counsel for the
State
Ii was generally supposed that hav-
ing been defeated both in the State and
National Courts. the Company would
have been prompt to make amends to
the State which created and fostered it.
and whose money it had 50 long, so un-
Justly and so indecently kept. But
those who Thought this little knew the
character of the corporation of which
John v: Garrett is the representative
One of the Gntried cases was called up
in the Superior Court for Baltimore
City last week. when the Railroad Com
pany sought and ebtaineda ecntinuarce
until October, on The ground that since
1t had come TO the conclusion that it
was not bound to pay the capitation tax
no account of the passenger fares had
been KEPT, and that it would require
considerable time to prepare the state
ments as 10 show what the State was
entitled to. The affidavit of Mr. John
King, Vice President OF the road, sets
forth that the Company is advised by
counsel and will contend that the State
is not entitled to any portion of the
passenger fare, except its proportion of
that received on the Washington Branch
within The limits of the State, and there
fore has no right TO the portion of the
receipts fer the four miles of the road
within the District OF Columbia and for
the distance between the Relay House
and Baltimore, distance of about nine
miles.
1t is no part Of our purpose TO enter
into discussion Of the defense thus
foreshadowed 1t is too ai1nsy and
transparent to admit of serious contem-
plation II il as haseiesS rs ali he 9th
or subterfuges which this Company has
unworthily bad recourse to in order TO
eyaae complying with Its contract with
the State OF Maryland. But whilst all
this is so, il affords Mr. Garrett the op-
portunity which he 80 much desires of
banpering aud harrassinr by DELAY and
litigation the State, in order that be
may force from it q compromise where
by it win accept the payment of fixed
annual amount In lieu of the capitation
tax, and release al claim OF the State to
tax the enormous property of this over
grown and rebellious corporation. For
wears this has been the scheme which
he has bed in view, and il was for this
purpose that the recent litigation was
caused by him. There has been no
time since the completion of the Balti-
more aud Potomac Railroad when the
State would not in justice and fairness
have been willing 20 pu. the Baltimore
and Ohio Railroad ON the same footing
as the other read, by releasing the cap
itation tax on the passenger fare, and
taxing the property ofbotlr roads equal
IL. Bat this-is exactly What Mr. Garrett
does not want His great purpose is n
have a re-aEiirmaneefrom the State of the
exemption of the entire property of the
Baltic. ard Ohio Railroad from taxation
for State, ceuntv and municipal purposes.
Were it not fof this pretended defense
al Of the claims of the State growing
been brought to q speedy settlement,
but as II j row the cases Will probably
&c to the Court of Appeals and then 10
the L. ). supreme Court. thus afford
ing Mr.. Garrett long period during
which be hopes 30 be able to get a Leg
islatnre and State officers who may be
sufficiently plisble for his purposes
Already il i evident 70 any man who
who is net hind that it is the purpose
Of This great corporation 70 take an ac-
tive part in the politics Of this State,
BY securing the nomination OF men IA
vorable 20 iss Interests. In baltimore,
where tie primary elections hsge been
already held,a tbe influence Of the Bal
tinore and Ohio Railroad was NEST po-
tent. The first primary election that
was held uas fer Democratic City
Convention. body which has charge
of the organization Of the party during
the campaign TO preside over this
body as President Was eiccted Mr.
Charles ca. Kerr. q son-in-isw Of the
Hon. Ressrdy johnson, the chief coen-
sci Of the read. The Eexf Convention
u No. L.. Ea~-ss-.s.l