The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1891-09-05
The constitutional Amendments.



This amendment, stripped of verbiage, pro-
hibits the legislature to alter OR amend the
charter of any corporation existing at the time
of the adoption of the amendment, or pass
any general or special law for the benefit Of
such corporation except upon the condition
that such corporation shall surrender all
claims TO tax exemption.
All charters passed prior to 1851 have been
held by the courts to be contracts and unre-
pealable, and clause exempting the shares
of the Baltimore & Ohio railroad company has
been held to mean the exemption of all prop
erty of that road from taxation. Whether
this decision is just or unjust, it stands, and
it only remains for the people to protect them
selves the best they can by engrafting on the
organic law provision that this and all other
corporations shall have no more iavors unless
they subject themselves to taxation.
The constitution of 1851 provided that all
charters thereafter granted should be held
subject to alteration and repeal. The provi-
sion was continued in the constitutions OF
1864 and 1867. Had the provision gone fur
Their and provided that no favors should be
granted to all existing corporations, as now
proposed, except upon the condition that tax
exemptions be surrendered, the twenty mil
lions of property of the Baltimore & Ohio
railroad wonld have been subject to taxation
long ago. The road runs through Carroll for
some thirteen miles. To protect its property
and punish the thieves that plumber It's cars
costs Carroll good sum annually and not a
cent in taxation does it contribute to that
protection. Not only is the road exempt it
self from its Just proportion of the public bur-
dens, but the legislature has been lenient to-
ward other and competing lines and not i'm
posed upon them their full share Of taxation.
The Baltimore & Ohio, in consideration of
favors in 1878, agreed to a gross receipt tax,
but it does not pay its proper proportion.
When the road was first projected, the legisla-
ture that granted the charter never dreamed Of
it growing to the magnitude it has reached.
Railroads were new conception, and to aid
and encourage them the tax exemption was
voted 1t looks now as though the company
has all the legislation that it will need. But
in this age of progress and development no
one can foresee what new schemes may de-
velop, and late as is, the proposed amend
ment may still be the means of putting this
immense corporation upon the tax books at
its proper valuation, and other corporations as
we'll.
The ADVOCATE has no sympathy with the
senseless opposition to corporations simply
because they are corporations. 1t does not
hold the general belief that they are soulless
and oppressive. Their power, it is conced.
ed, is not always used to the public good.
| Grand conceptions require immense capital.
No one man nor half dozen have the means
to carry them to success. Thousands OF
purses must contribute. Corporations are
composed of individuals and they should be
dealt with fairly and honestly. They should
be made to contribute their due proportion
of the public burdens, and it is not at all
creditable to any corporation to seek unjust
advantages and claim tax exemption because
an enthusiastic legislature granted exemption
Of its shares, and a hair-splitting court held
that this exemption covered all its property.
Every Marylander felt proud of its great
trunk-ine. Every encouragement was given
it, and it has shown its appreciation by shirk
ing its public duty, thus imposing the burdens
it ought to bear upon other property.
1t is difficult to conceive of two opinions as
to the propriety of this amendment, and we
expect to see it adopted by an overwhelming
vote