The Washington times., 1902-12-18
MARYLAND CHARTER OF
THE B.& 0. IN DANGER
State May Attack for Divert
ing Coal Shipments.
MUST PERFORM ITS DUTY
Attorney General Rayner Hopes Com
pany "Will Yield and Retreat
From Position"

! BALTIMORE, Md. Dec. 1S.-Attorney
General IsidOr Rayner has been officially
examining the question whether the Bal
timOre and Ohio Railroad is not violating
Its charter In divcrting its coal ship
ments from Baltimore, and In declining
TO bring them here.
Mr. Raynere was asked yesterday
whether he had been requested to look
into the matter and whether he had
given any opinion in reference to the
same. Mr.. Rayner said:
Il have been asked 10 look al the sit
uation as to whether there is any remedy
by law, but I have not given any formal
opinion upon the subject I would not
hesitnte a minute to apply the remedy If
the facts warrant It,
No "Flash" Suit.
There is no use in bringing a flash
suit Just for the purpose OF threatening
the railroad. When you are dealing with
great corporations you must be certain Of
your ground. and II you expect to sue
ceed strike sure and hard
4 have had a mass Of material laid
before me which. II II is all true, would
Justify a proceeding I would give this
matter most cautious investigation be-
IOre Undertaking any extreme process.
In the meantime there is a strong
hope that the railroad. realizing the great
injustice It is doing and the defenseless
position IL has taken, VIII yield and pro-
ceed IN the performance Of its chartered
duties; II not. the State will IN all prob
ability be called into the matter"
RerHsdies Against Railway.
Mr.. Rayner was asked what remedies
there would be against the company. He
replied:
'Of course. I am not examining the
question with reference TO the inter
state commerce laws. II the facts are
correctly reported. the jurisdiction Is
ample and complete. and the United
States courts could be invoked IN the
first instance without resort to the IN
terstate Commerce Commission in aid OF
any shipper or dealer whose rights OF
transportation have been unlawfully i'm
peded or Disseminated against
You must have the facts, but If they
exist, the decisions are all one way as
70 the original Jurisdiction OF the Fed
eral courts. I tried this question some
time ago in the stock yards case IN the
circuit court Of the United States. and
Judge Norris sustained the views l have
here expressed.
Examining Precedents.
4 am not examining the matter how
ever. with reference to the suit OF an
Individual against the road either in the
Federal or State courts. The inquiry
have been asked to take up is with ref
erence to the rights OF the State.
The law is perfectly clear upon the
subject A petition for forfeiture OF
charter can be fled against any corpora
tlon. whether chartered by the General
Assembly or otherwise, for a misuse or
uOnuse Of its corporate franchises
Il have nothing further TO say now.
except that l expect and hope that II the
evidence that is coming in against the
railroad is true that fl will take speedy
counsel and resolve 70 perform its pub
lie duties as a common carrier because
tie State cannot remain passive II there
has been a clear violation Of a public
duty by a public corporation"