The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1905-05-27

1t is extremely doubtful in our opn-
ion whether the balance in question can
be made available for the purpose of
eretcing new Court House. or any other
publ" improvement III Cecil County,
much as it may he needed, or indeed
for any purely local purpose.
Briefly stated. the history of the EaS-
tern Shore loan of 1880 is this The
Legislature of that year PASSED an act
Chapter 800. authorizing the cXpcndi-
turc ont of the Treasury Of the State. Of
one million dollars. for the construction
of Il railroad Nn the Eastern Shore.
which, if constructed. would have anti
cipatcd the building of the present Della
ware Railroad, located on the Delaware
side of the Peninsula.
The act in question made the rcaliza-
ton of the State appropriation condi-
tiOnAl upon the subscription by individ-
uals or corporations. of sufficient amount
of stock 10 commence the road. Such
stock however. WAS not subscribed. and
Section s. of the Act r:nvided That
in the event that the said stock Of the
Eastern Shore Railroad should not be
subscribed t. the HipInt sltticieat to
commence the said road by individuals
of corporations a> provided for by this
Act. that then. awl in that case. the
million of dollars set upart for and in
tended to he applied 10 said work. shall
be held sacred and the faith of the State
is hereby pledged that the said million
of dollars shall be applied to the cXclu
sivc purpose of Internal improvements
on the Eastern Shore. ami FOR NO
OTHER PURPOSE WHATEVER
and shall be subject to disbursement by
any future Legislature for this purpose,
commencing the work as proposed in
the Charter for the Eastern Shore Rail
road Company"
1t will he noticed that the Act express
ly fOrhidS the use of the funds for any
other purpose whatever than the build
ing of railroad. and specifically limits
its application to this form of Internal
improvements. The terms of the Act
itself therefore, would seem to forbid
the use of Cecil's share of the fund for II
public building or any other strictly local
purpose.
1t is extremely doubtful whether the
provisions of the Act of 1880 are still
operative Section "a of Article 3, of
the present State Constitution, upon
which Attorney General Rayner must
have relied in his opinion referred to by
our Correspondent. is as follows: 1.-The
credit Of the State shall not in any man
ner be given or loaned to or in aid of
any individual association or corpora
ton; nor shall the General assembly
have the power, in amy mode, to in
volve the State in the construction of
works of Internal Improvement nor in
granting any aid thereto, which shall
involve the faith or credit of the State,
nor make any appropriation therefor,
except in aid of the construction of
works of Internal Improvement, in the
Counties Of st. Mary's. Charles and Cal
vert. which have had no direct advantage
from such works IL have been hereto
fore aided Ivy the State.
From this curSrry review of the Status
of the fund Cecil County would not APP
pear likely to ever realize any part of
the balance due her. except in the event
sf Il rulim" by the Courts that 80 far rs
any such balance goes. she is upon Il like
footing with the counties exempted in
Che Section of the Constitution above
quoted.
The author of the resolutions of the
Cecil Democratic Convention does not
appear to have been certain of his
ground.
In his preamble to the resolutions he
declares the fund as available and at
their close recites, I'm the event of the
said $4,000 not being made available,
the building of the Court House is not
10 be considered
FL oloss;pn qualification ic avi1aptly