Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-18
MAY ATTACK CHARTER
STATE OF MARYLAND THREAT
EMS PROSECUTION OF B. q o.
Alleged Discrimination Against Balti-
more City in Matter of Coal
Shipments.

1t is stated that there is strong prob
ability of the state OF Maryland attacking
the charter of the Baltimore and Ohio Rail-
road Company, because of alleged discrim-
nation In the matter of diverting its coal
shipments from Baltimore and in declining
to bring the shipments to that city. At
torney General Isidor Rayner has been Of
flcially investigating the question as to
whether or not the railroad company Is vio-
lating its charter.
Mr. Rayner, in an interview in the Balt-
more Sun Of today. says:
1T have been asked to look at the situa-
ton as to whether there is any remedy by
law, but have not given any formal opin-
ion upon the subject I would not hesitate
a minute to apply the remedy II the facts
warrant it. There is no use in bringing a
flash suit just for the purpose OF threaten
ing the railroad
when you are dealing with great corpo-
ratfons you must be certain OF your ground,
and IL you expect to succeed strike sure and
hard. have had a mass of material laid
before me which, II 1t Is all true, would
justify proceeding. l would give this
matter most cautious investigation be-
fore undertaking any extreme process.
"In the meantime there is a strong hope
that the railroad, realizing the great lnjus-
tice 1t is doing and the defenseless position
1t has taken, will yield and proceed In the
performance of its chartered duties; II not,
the state will in all probability be called
into the matter.
Matter of Jurisdiction
@Of course. am not examining the ques-
ton with reference to the interstate COM
merce laws. If the facts are correctly re-
ported, the Jurisdiction is ample and COM
plete, and the United States courts could
be invoked in the first instance without re-
sort to the interstate commerce commission
In aid of any shipper or dealer whose rights
of transportation have been unlawfully i'm
peded OF Disseminated against.
You must have the facts. but If they
exist, the decisions are all one way as to
the original jurisdiction OF the federal
courts. l tried this question some time ago
in the stock yards case In the circuit court
Of the United States, and Judge Morris sus-
tanned the view that 1 have here expressed.
II am not examining the matter. how
ever, with reference to the suit of an in
dividual against the road either in the
federal or state courts The inquiry have
been asked to take up is with reference to
the rights of the state
1.-The law Is perfectly clear upon the sub
ject. A petition for forfeiture of charter
can be filed against any corporation.
whether chartered by the general assem-
of its corporate franchises. The law Is set
forth In sections 30. etc, and 303 Of article
% of the code of public general laws Of
Maryland, and furnishes the remedy, and
In the case of the state Of Maryland
against the Consolidation Coal Company in
forty-sixth Maryland the court of appeals
affirmed the validity of this statute.
II have nothing further to say now -ex-
cept that expect and hope that if the evil
dence that is coming in against the railroad
is true. that it will take speedy counsel and
resolve to perform it's public duties as a
common carrier, because the state cannot
remain passive if there has been a clear
violation of public duty by public cor
poration.''