The Republican. [volume] (Oakland, Md.) 1877-current, 1880-02-28
The Attack on Judge Pearre

Guy OI Cumberland on Inc 18th in
slant, called ostensibly for the pur-
pose of influencing legislative action
in the matter of charging the locks
of the Chesapeake and Ohio Canal, a
decided sensation, as it is reported,
was produced by the unexpected in.
PRODUCTION and clanIorous passage of
resolutions declaring that Judge
Pearre, being stakeholder in the
Baltimore and Ohio Road, chad
scandalized and disgraced the adj
ministration ofjustice in this state by
habitually sitting in and deciding in
favor of his compsny (so-calledl
many cases in which it was party,
and menacing him with impeach-
meat unless he should Immediately
resign his Office" The motive of
this extraordinary demonstratiEiNls5,-~
pears to have been this. The Penu-
sylvania Railroad in Maryland was
authorized by a special act, passed
for its benefit IN 1878, to select be.
tween two defined routes into the
city of Cumberland, the one on the
west and the other on the east side
of Willis Creek, the choice of either
when made to be final. For the pur-
pose of either route, when adopted,
it was invested with express author
ity to cross at grades at one point
only the Cumberland and Pennsyl-
yania Railroad, and also at one point
the Baltimore and OHIO Railroad. A
controversy has for some time been
pending in the Circuit Court for AL
legany county, in which it was con-
tended on the part of the Baltimore
and Ohio Railroad that the Pennsyl-
vania Railroad had made final
election to take the route prescribed
to it by the law, on the west side of
the creek and that being engaged in
an attempt to force a crossing Of the
Baltimore and Ohio Railroad, on the
east side, the Pennsylvania Railroad
was acting beyond its corporate
powers and in violation of the provi>
sions of the enabling act of 1878. The
condemnation of grade crossing on
that side having been procured from
ajury, the question of its confirma-
ton by the court came up a short
time ago for trial. Public feeling in
the city of Cumberland have become
much excited and very strongly
manifested on the subject, the case
Was deemed of sufficient importance
to be heard by full bench, consist
ing of Alvey, Chief Justice, and
Pearre and Motter, associates. They
were unanimous in their judgment,
that the condemnation was void, for
want of corporate power in the Penn
sylyania Railroad to make it in the
way proposed. A second effort was
made by the Pennsylvania Railroad
to reach the desired result, A con.
domination of different crossing of
the Baltimore and Ohio Railroad,
but on the same side of the creek,
was made by a jury, and the question
of its confirmation again comes up
before Judges Pearre and Motter
alone. The former judge having al
ready, in an equity suit pending be
tween the Pennsylvania Railroad
and the Cumberland and Pennsylva-
MIA Railroad, decided certain points
upon the construction of the act of
1878, publicly expressed his disincIi-
nation to sit in the case of the BaIti.
more and Ohio Railroad Company,
on the ground that the same points
would probably arise in that case,
and that his previously formed and
expressed opinions would naturally
control his judgment. He himself
suggested to counsels the propriety of
some arrangement being made under
which he could retire, and leave the
case of the Baltimore and Ohio Rail
road and two other like cases against
the Cumberland and PENNSYLVANIA
RaTlroad, to be heard and determined |
by Judges Alvey and Motter. The
engagements of Chief Justice Alvey, |
however prevented the making of |
that arrangement and the cases,
therefore, came on to be heard against
the expressed wishes of Judge
Pearre, before him and Judge Motter
alone. When the case against the
Baltimore and Ohio Railroad was
reached a motion was made to post.
pone it for hearing before full bench.
During the tendency of that motion
it was suggested that Judge Pearre
was incompetent 10 sit by reason of
MS being stakeholder in the BaIti.
more and Ohio Railroad. When the
point was made Judge Pearre replied
hat he was not a stock holder in that
but almost Immediately,
N order to assure himself on the
ubjct, he retired, to his private
DOM, and having ascertalned, on ex-