PROCEEDINGS AND ACTS OF THE GENERAL ASSEMBLY, 1867

AN ACT TO INCORPORATE THE CUMBERLAND AND PENNSLYVANIA R. R. COMPANY.

SECTION 1. Be it enacted by the General Assembly of Maryland, That Robert Garrett, John Q. Hewlett, and P. H. Sullivan, of Baltimore; William Price and George A. Thruston, of Cumberland, and Andrew Stewart and Edward D.
Gayzan, of Pennsylvania, be and they are hereby appointed Commissioners, under the direction of any two of whom subscriptions may be received to the capital stock of the Cumberland and Pennsylvania Railroad Company hereby incorporated; and they, or any two of them, may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company, after having given such notice of the times and places of opening the same as they may deem proper, and that upon the first opening of said books, they shall be kept open for at least ten successive days, from ten o'clock A. M. until two o'clock P. M., and if at the expiration of that period, such a subscription to the capital stock of said company as is necessary to its incorporation shall not have been obtained, the said commissioners, or any two of them, may cause the said books to be opened from time to time, after the expiration of the said ten days, for the space of twelve months thereafter, or until the sum necessary to the incorporation of the company shall be subscribed, if sooner subscribed, and if any of the said commissioners shall die, resign, or refuse to act during the continuance of the duties devolved upon them by this act, another may be appointed in his stead by the remaining commissioners or a majority of them.

SECTION 2. And be it enacted, That the capital stock of the said Cumberland and Pennsylvania Railroad Company shall be one million of dollars, in shares of one hundred dollars each, and that as soon as five thousand shares of the capital stock shall be subscribed, the subscribers of the said stock, their successors and assigns, shall be, and they are hereby declared incorporated into a company, by the name of the Cumberland and Pennsylvania Railroad Company, and by that name shall be capable in law of purchasing, holding, leasing, selling and conveying estates, real, personal and mixed, so far as shall be necessary for the purposes hereinafter mentioned, and no further, and shall have perpetual succession, and by said corporate name, may sue and be sued, and may have and use a common seal, which they shall have power to alter or renew at their pleasure, and shall have, and enjoy, and may exercise all the powers, rights and privileges, which other corporate bodies may lawfully do for the purposes mentioned in this act.

SECTION 3. And be it enacted, That upon every such subscription there shall be paid, at the time of subscribing to the said commissioners or to their agents appointed to receive such subscriptions, the sum of one dollar on every share subscribed, and the residue thereof shall be paid in such installments, and at such times as may be required by the President and Directors of said company; provided, that not more than one-third of the subscription be demanded in any one year from the commencement of the work, nor any payment demanded until at least sixty days public notice of such demand shall have been given by the said President and Directors, and if any subscriber shall fail, or neglect to pay any installment, or part of said subscription thus demanded", for the space of sixty days next after the time the same shall be due and payable, the stock on which it is demanded shall be forfeited to the company, and may be sold by the President and Directors for the benefit of the company, but the President and Directors may remit any such forfeiture, on such terms as they shall deem proper.

SECTION 4. And be it enacted, That if one thousand shares of said capital shall not be subscribed within five years after the first opening of the subscription books by the said Commissioners, this act and all the subscriptions under it, shall be null and void, and the said Commissioners, after discharging the expenses of opening the books, shall return the residue of the money paid in upon such subscriptions, to the several subscribers in proper proportions to the sums respectively paid in by them.

SECTION 5. And be it enacted, That at the expiration of the tea days for which the books are first opened, if five thousand shares of said capital stock shall have been subscribed, or if not, as soon thereafter as the same be subscribed, if within six years after the first opening of the books, the said Commissioners, or any two of them, shall call a general meeting of the subscribers, at such time and place as they may appoint, and shall give at least twenty days public notice thereof, and at such meeting the said Commissioners shall lay the subscription books before the subscribers, then and there present, and thereupon the said subscribers, or a majority of them shall elect five directors by ballot to manage the affairs of said company, and these five directors, or a majority of them, shall have the power of electing a President of said company, either from amongst the directors or others, and of allowing him such compensation for his services as they may deem proper; and that in said election, and on all other occasions wherein a vote of the stockholders of said company is to be taken, each stockholder shall be allowed one vote for every share owned by it, him or her, and every stockholder may denote any other person to vote and act for it, him or her, as its, his or her proxy, and the Commissioners aforesaid, or any two or more of them, shall be judges of the said election of directors.

SECTION 6. And be it enacted, That to continue the succession of the President and directors of said company, five directors shall be chosen annually on the second Monday in October, in every year, in the town of Cumberland, by the stockholders of said company, and that the directors of said company, or a majority of them, shall have power to appoint judges of all elections, and to elect a President of said company, either from amongst the directors or others, and to allow him such compensation for his services as they may deem proper; and if any vacancy shall occur by death, resignation or refusal to act, of any President or director before the year for which he was elected has expired, a person to fill such vacant place for the residue of the year, may be appointed by the President and directors of said company, or a majority of them, and that the President and directors of the company, shall hold and exercise their offices until a new election of President and directors, and that all elections which are by this act, or the by-laws of said company, to be made on a particular day, or at a particular time, may be made at any time within thirty days thereafter.

SECTION 7. And be it enacted, That a general meeting of the stockholders of said company shall be held annually, at the time and place appointed for the election of the President and directors of said company; that they may be called at any time during the interval between said annual meetings by the President and directors, or a majority of them, or by the stockholders owning at least one-fourth of the whole stock subscribed, upon giving thirty days public notice of the time and place of holding the same; and when any such meetings are called by the stockholders, such notice shall specify the particular object of the call; and if at any such called meetings, a majority (in value) of the stockholders of said company are not present in person, or by proxy, such meetings shall be adjourned from day to day, without transacting any business, for any time not exceeding three days, and if within said three days, stockholders having a majority (in value) of the stock subscribed, do not thus attend, such meeting shall be dissolved.

SECTION 8. And be it enacted, That at the regular annual meetings of the Stockholders of said Company, it shall be the duty of the President and Directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the Company; that at any called meetings of the Stockholders, a majority of those present may require similar statements from the President and Directors, whose duty it shall be to furnish them when thus required; and at all general meetings of the Stockholders, a majority (in value) of all the Stockholders in said Company, may remove from office any President or any of the Directors of said Company, and may appoint others in their stead.

SECTION 9. And be it enacted, that every President and Director of said Company before he acts as such, shall swear or affirm, as the case may be, that he will well and truly discharge the duties of his said office to the best of his skill and judgment.

SECTION 10. And be it enacted, That the President and Directors, or a majority of them, may appoint all such officers, engineers, agents or servants whatsoever, as they may deem necessary for the transaction of the business of the Company, and may remove any of them at their pleasure, that they or a majority of them shall have power to determine by contract the compensation of all the engineers, officers, agents or servants in the employ of the Company, and to determine by their by-laws, the manner of adjusting and settling all accounts against the Company, and also the manner and evidence of transfers of stock in said Company; and that they, or a majority of them, shall have power to pass all by-laws which they may deem necessary or proper for exercising all the powers vested in the Company hereby incorporated, and for carrying the objects of this act into effect; Provided only, that such by-laws shall not be contrary to the laws of the United States, the laws of any of the States assenting to this act, or any of the provisions of this act.

SECTION 11. And be it enacted, That if the capital stock of said Company shall be deemed insufficient for the purposes of this act, it shall and may be lawful for the President and Directors of said Company, or a majority of them, from time to time, to increase the said capital stock by the addition of as many shares as they may deem necessary, for which they may at their option, cause subscriptions to be received in the manner prescribed by them, or may sell the same for the benefit of the Company for any sum not under their par value, and that they, or a majority of them, shall have power to borrow money for the objects of this act, to issue certificates, or other evidence of such loans, and to pledge the property of the Company for the payment of the same and its interest.

SECTION 12. And le it enacted, That the President and Directors of said Company shall be, and they are hereby invested with all the rights and powers necessary to the construction and repair of a Railroad from the town of Cumberland, to some suitable point on the dividing line between the States of Maryland and Pennsylvania, to be by them determined, not exceeding sixty feet wide, with as many sets of tracks as the said President and Directors, or a majority of them, may necessary, and they, or a majority of them may cause to be made, or contract with others for making said Railroad, or any part of it, and they, their agents, or those with whom they may contract for making any part of the same, or their agents, may enter upon, and use and excavate, all lands which may be wanted for the site of said road, or the erection of warehouses or other works necessary to said road, or for any other purpose necessary or useful in the construction or repair of said road or its works, and that they may build bridges, may fix scales and weights, may lay rails, may take and use any earth, timber, gravel, stone or other materials which may be wanted for the construction or repair of any part of said road, or any of its works, and may make and construct all works whatsover which may be necessary and expedient, in order to the proper completion of said road, and that they, or a majority of them, may make or cause to be made, lateral Railroads in any direction whatsoever, in connecting said Railroad from the town of Cumberland to the dividing line between the States of Maryland and Pennsylvania, and in the construction of the same or their works, shall have, possess, and may exercise all the rights and powers hereby given to them, in order to the construction or repair of the said Railroad, from the town of Cumberland to the dividing line between the States of Maryland and Pennsylvania.

SECTION 13. And be it enacted, That the President and directors of said company, or a majority of them, or any person or persons authorized by a majority of them, may agree with the owner or owners of any land, earth, timber, gravel stone or other materials, or any improvements which may be wanted for the construction or repair of any of said roads, or of any of their works, for the purchase or use and occupation of the same, and if they cannot agree, or if the owner or owners, or any of them, be a feme covert, under age, non compos mentis, or out of the county in which the property wanted may lie, when such land or materials shall be wanted, application may be made to any justice of the peace of such county, who shall thereupon issue his warrant under hand and seal, directed to the Sheriff of said county, requiring him to summon a jury of twenty inhabitants of said county, not related nor in any wise interested, to meet on the land, or near to the other property or materials to be valued, on a day named in said warrant, not less than ten nor more than twenty, after issuing the same, and if at said time and place any of said jurors summoned do not attend, the said sheriff shall immediately summon as many jurors as may be necessary with the jurors in attendance, to furnish a panel of 20 jurors in attendance, and from them, each party, or its, his, her or their agent, if either be not present in person or by agent, the Sheriff for him, her, it or them, may strike off four jurors, and the remaining twelve shall act as the jury of inquest of damages, and before they act as such, the said Sheriff shall administer to each of them an oath or affirmation, as the case may be, that he "will justly and impartially value the damages which the owner or owners will sustain by the use or occupation of the same, required by the company," and the jury in estimating such damages shall take into the estimate the benefit resulting to the said owner or owners, from conducting said railroad through, along or near to the property of said owner or owners, but only in extinguishment of the claim for damages, and the said jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall then be returned by the said Sheriff to the clerk or prothonotary of his county, as the case may be, and by such clerk or prothonotary filed in his court, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shown, and when confirmed shall be recorded by said clerk or prothonotary, at the expense of said company, but if set aside, the said court may direct another inquisition to be taken in the manner above prescribed, and such inquisition shall describe the property taken, or the bounds of the land condemned, and the quantity or duration of the interest in the same, valued for the company, and such valuation when paid or tendered to the owner or owners of said property, or his, her or their legal representatives shall vest in said company the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner or owners of the same, and the valuation if not received when tendered, may at any time thereafter be received from the company without costs, by the said owner or owners, or his, her or their legal representative or representatives.

SECTION 14. And be it enacted, That whenever in the construction of said road or roads, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the President and directors of said company so to construct the said road across such established road or way as not to impede the passage or transportation of persons or property along the same; or where it shall be necessary to pass through the land of any individual, it shall also be their duty to provide for such individual proper wagon ways across said road or roads from one part of his land to the other.

SECTION 15. And be it enacted, That whensoever it shall be necessary for said Company, to have use or occupy any lands, materials or other property, in order to the construction or repair of any part of said road or roads, or their works or necessary buildings, the President and Directors of said company, or their agents, or those contracting with them for making or repairing the same may immediately take and use the same, they having first caused the property wanted to be viewed by a jury (formed in the manner hereinbefore prescribed in those cases where the property is to be changed or altered by admixture with other substances before such alterations are made,) and that it shall not be necessary, after such view, in order to the occupation of the same, to wait the issue of the proceedings upon such view; and the inquest of the jury, after confirmation and after payment or tender of the valuation shall be a bar to all actions for taking or using such property, whether commenced before or after such confirmation or the payment of said valuation.

SECTION 16. And be it enacted, That the said President and Directors, or a majority of them, shall have power to purchase with the funds of said company, and place on any railroad constructed by them under this act, all machines,
wagons, vehicles or carriage of any description whatever, which they may deem necessary or proper for the purposes of transportation on said road, and they shall have power to charge for toll upon (and the transportation of persons) goods, produce, merchandise, or property of any kind whatsoever, transported by them along said railroad, from the town of Cumberland to the dividing line between the States of Maryland and Pennsylvania, any sum not exceeding the following rates, namely on all goods, produce, merchandise or property of any description whatsoever transported by them, not exceeding three cents a ton per mile for tolls, and three cents a ton per mile for transportation, and for the transportation of passengers, not exceeding three cents per mile for each passenger; and it shall not be lawful for any other company, or any person or persons whatsoever, to travel upon or use any of the roads of said company, or to transport persons, merchandise, produce or property of any description whatsoever, along said roads or any of them, without the license or permission of the President and Directors of said company; and that the said road or roads, with all their works, improvements and profits and all the machinery of transportations used on said road, are hereby vested in the said company incorporated by this act, and their successors forever; and the shares of the capital stock of the said company, shall be deemed and considered personal estate, and shall be exempt from the imposition of any tax or burthen by the States assenting to this law.

SECTION 17; And be it enacted, That the said President and Directors shall annually, or semi-annually, declare and make such dividend as they may deem proper, of the net profits arising from their resources of the said company, after deducting the necessary current and probable contingent expenses; and that they shall divide the same amongst the proprietors of the stock of said company, in proper proportions to their respective shares.

SECTION 18. And be it enacted, That if any person or persons shall willfully by any means whatsoever, injure, impair, or destroy any part of any railroad constructed by said company under this act, or any of their necessary works, buildings, carriages, vehicles or machines of said company, such persons so offending, shall each of them, for every such offence, forfeit and pay to the said company, the sum of five hundred dollars, which may be recovered in the name of said company, by an action of debt in the county court of the county wherein the offence shall be committed, and shall also be subject to indictment in said court; and upon conviction of such offence, shall be punished by fine and imprisonment in the discretion of the court.

SECTION 19. And be it enacted, That as soon as this act shall have been passed by the Legislature of Maryland, books may be opened, subscriptions received, and the said company organized, and that when organized, the said company and the President and Directors of the same, shall have all the powers, rights and privileges granted by this act, and shall be subject to all its regulations in constructing or repairing any of the said railroads, or other necessary works or buildings, which may or can be constructed within the limits of the State of Maryland, and in transporting persons, goods, merchandise or property of any description, along any of said roads, and that the provisions of this act shall be wholly in force, as to all the property of the company, which may be situated or may be within the State of Maryland, and which said company is permitted to hold under this act.

SECTION 20. And be it enacted, That if said road shall not be commenced in six years from the passage of this act, and shall not be finished in twelve years from the time of commencement thereof, then this act shall be null and void.

SECTION 21. And be it enacted, That full right and privilege is hereby reserved to the citizens of this State, or any company hereafter to be incorporated under the authority of this State, to connect with the road hereby provided for, or other railroad leading from the main route to any part or parts of this State; provided, that in forming such connection no injury shall be done to the Works of the company hereby incorporated.

SECTION 22. And be it enacted, that nothing in this act shall be so construed as to authorize this corporation to issue any note, device, scrip or other evidence of debt to be used as a currency, and the Legislature hereby reserves to itself the right to alter, repeal or annul this act at pleasure.

We hereby certify that the forgoing is a true copy of the act, entitled "an Act to incorporate the Cumberland and Pennsylvania Railroad Company," which passed the General Assembly of Maryland, at December Session, 1849.

Given under our hands, at the City of Annapolis, on this 13th day of March, 1850.

GEORGE G BREWER,
Clerk House of Delegates, Md.

JOS. H. NICHOLSON,

Clerk Senate, Md.

An Act amendatory of the Act entitled, "An Act to incorporate the Cumberland and Pennsylvania Rail Road Company," passed at the December Session, 1849. chapter 469.

SECTION 1. Be it enacted "by the General Assembly of Maryland, That there be added to the list of commissioners named in the first section of said original act, the four following named persons, to wit: James M. Buchanan, Elijah M. Bartholow, David Stewart and Charles R. Clark, of Baltimore city and that these four commissioners with the commissioners named in said first section, be and there are hereby vested with all and singular, the rights, powers and authority given by said act to the commissioners therein named, to be exercised by them or any two of them, in the manner prescribed by said act.

SECTION 2. And be it further enacted, That the President and Directors of said company shall be, and they are hereby invested with full right and power to connect with any existing railroad leading from the town of Cumberland at any point west of Cumberland, and to construct a railroad from the place of such connection to the Pennsylvania line, or to purchase any such railroad, or any part thereof, and the lands, franchises and appurtenances held for the purpose of the same, with power to construct and build a connection from any railroad, or part of any railroad so purchased, from any point thereof, west of Cumberland, the said President and Directors may choose, to the Pennsylvania line.

SECTION 3. And be it further enacted, That in case said President and Directors shall purchase any existing railroad, or part of such road as aforesaid, or in case they shall make any connection With any existing railroad, and construct such connection to the Pennsylvania line as aforesaid, then so much of said Act, being the twentieth section thereof, as declares such charter forfeited, in case the road provided for in the twelfth section thereof is not commenced in six years after the passage of said Act, and shall not be completed in twelve years from the commencement thereof, shall be inoperative and void.

SECTION 4. And be it further enacted, That the President and Directors of said company shall have full power and authority to connect any railroad to which said company may become entitled under the provisions of this or the original Act, to which this is a supplement, with any other railroad hereafter constructed leading from the Pennsylvania line to the town of Bedford, in Pennsylvania, and also to make such contracts and arrangements with the persons or company making such road for the through transportation of passengers and merchandise in the cars and carriages of either road as may appear to said President and Directors convenient and advantageous; Provided, that the Pittsburgh and Connellsville Rail Road Company, as proposed to be chartered, by a bill now pending, in the laying out and constructing their road from the town of Cumberland to the Pennsylvania line, shall have priority of choice over any road to be laid out or constructed by the said Cumberland and Pennsylvania Rail Road Company in the right of way.

SECTION 5. And be it enacted, That the President and Directors of said company are hereby authorized and empowered to receive any existing railroad, or any part thereof, in payment of any subscription of stock which may be made to said road by any incorporated company or individuals, at such rate as may be agreed upon between the said President and Directors and said individuals or incorporated company so subscribing and that any incorporated company now existing in Allegany county, are hereby authorized and empowered to subscribe to the capital stock of said company.

SECTION 6. And be it enacted, that this Act shall take effect from the day of its passage.

We hereby certify, that the foregoing is an authentic copy of the bill entitled, an Act amendatory of the Act entitled, "an Act to incorporate the Cumberland and Pennsylvania Rail Road Company," passed at the December session, 1849, chapter 469, passed by the General Assembly of Maryland at its present session, April 9, 1853.

JOS. J. STEWART, JR.,

Clerk of the House of Delegates.

J. PINKNEY,

Secretary of the Senate.

An Act further amendatory of the Act entitled "An Act to Incorporate the Cumberland and Pennsylvania Rail Road Company."

SECTION 1. Be it enacted by the General Assembly of Maryland, That the Cumberland and Pennsylvania Railroad Company, be, and it is hereby invested with all the rights, franchises powers, privileges, authorities, immunities and advantages, for the surveying, locating establishing and constructing an extension of its present railroad, from its terminus at the mines, near the town of Frostburg, to such point, or points, in the valley of George's Creek, as lie north of the boundary line which separates the lands of the George's Creek Coal and Iron Company, from the lands known as the Aspinwall purchase, and for the using, preserving and controlling said present railroad and the extension thereof, hereinbefore provided for, and the necessary vehicles and appurtenances there to belonging, and every part thereof, which by its original charter, and more especially the twelfth, thirteen, fourteenth and fifteenth sections thereof, were for the lawful purposes of said company, and the benefit of its corporators, given, granted,
authorized aid secured to the said company, and to the President and Directors respectively. And that the said company be, and it is hereby authorized and empowered, to have, hold, use, manage, work and control said road, and extension in the same way and with the same rights, powers and franchises, and subject to the same duties and restrictions, as if the same had been constructed under the original act, to which this is an amendment.

SECTION 2. And be it enacted, That the President and Directors of said company, or a majority of them, shall have power and authority to borrow money for the purpose of constructing such extension, and for equipping the same with motive power, cars, and all other working appurtenances, for the payment of the liabilities, and for the objects and purposes of said company, and to make and execute bonds and certificates of indebtedness, under the seal of said company, for such sum or sums, and payable at such time or times, and to sell or dispose of the same in such manner as to the said President and Directors, or a majority of them, may seem proper, and to pledge the entire road, including such extension, property and income of said company, to secure the payment thereof; Provided, nothing herein contained shall be taken to authorize the said company to issue anything in the nature of a bank note or other paper to be used or circulated as a currency.

SECTION 3. And it be enacted, That the said Cumberland and Pennsylvania Railroad Company, be, and it is hereby wholly relieved from any obligation to construct a railroad to the Pennsylvania line, acid that the twentieth section of said original act imposing a forfeiture in relation thereto, be and the same is hereby repealed.

SECTION 4. And be it enacted, That the said company, in making such extension, shall have power to purchase or condemn such lands as may be necessary to attain a proper grade over or through the hill at Frostburg, even though the course of such road shall not be direct, bat retrograde.

SECTION 5, And be it enacted That the act shall take effect from the day of its passage; but if the said Cumberland and Pennsylvania Railroad Company shall not commence the extended railroad, authorized by this act, within two years from the day of the passage of this act, or shall not complete the said railroad and equip the same for general use within four years from the date of the passage of this act, then this act and everything herein shall be utterly null and void.

We hereby certify the foregoing to be a true copy of the original bill, which passed the General Assembly of Maryland at January Session, 1856. Given under oar hands, at the City of Annapolis, this 14th day of February, 1866.

CHAPMAN HARWOOD,

Secretary of the Senate.

THOS. H. KENT,
Chief Clerk of the House of Delegates.

An Act to Amend the Charter of the Cumberland and Pennsylvania Rail Road Company, and to confirm their action in constructing a road along Neff's Run.

MARYLAND, Sct.

At a session of the General Assembly of Maryland, begun and held at the city of Annapolis, on the first Wednesday in January, being the fourth day of the said month, in the year of Our Lord one thousand eight hundred and sixty, and ended on the tenth of March in the same. His Excellency Thomas H. Hicks, Esq., Governor. Among other the following Law was enacted, to wit:

No.78.

An Act to Amend the Charter of the Cumberland and Pennsylvania Rail Road Company, and to confirm their action in constructing a road along Neff's Run

PREAMBLE.—The Cumberland and Pennsylvania Rail Road Company, having constructed a branch road along Neff's Run to the Mines of the Miller Coal Company, and there being some doubt whether authority for the same is contained in the Act amendatory of the Act incorporating such company, passed January session, 1856, Now, therefore, in order to confirm their action in the premises, and to enable them to fulfill the objects for which they were incorporated.

SECTION 1. Be it enacted by the General Assembly of Maryland, That the branch road heretofore constructed along the line of Neff's Run, in the county of Allegany, by the Cumberland and Pennsylvania Rail Road Company, is confirmed and declared to be as legal and valid in all respects, as if the power to construct the same had been in express terms conferred by the Act entitled, an Act amendatory of the Act entitled, an Act to incorporate the Cumberland and Pennsylvania Bail Road Company, passed at January session, 1856. And said company is hereby authorized to extend the said road, or any of the branches thereof to any other mine or mines, in the valley of George's Creek, any thing in said Act to the contrary notwithstanding.

MARYLAND, SCT.

I, William A. Spencer, Clerk of the Court of Appeals of Maryland, do hereby certify, that the aforegoing is a test and
true copy of the Act of the General Assembly of Maryland, of which it purports to be a copy, as taken from the Original Engrossed Bill, deposited in, and belonging to the Office of the said Court of Appeals of Maryland.

In testimony whereof, I have hereunto set my hand as Clerk, and affixed the seal of the said Court of Appeals, this
twenty-sixth day of March, A. D. 1860.

WM. A. SPENCER.

An Act to confirm the Purchase of the Rail Road of the George's Creek Coal and Iron Company, by the Cumberland and Pennsylvania Rail Road Company, and to authorize said Company to increase its Capitol Stock.

SECTION 1. Be it enacted by the General Assembly of Maryland, That the purchase, by the Cumberland and Pennsylvania Rail Road Company in October, eighteen hundred and sixty-three, of the Rail Road of the George's Creek Coal and Iron Company, and its appendages, leading from its junction with the Cumberland and Pennsylvania Rail Road, near the village of Lonaconing, in Allegany County, to the Baltimore and Ohio Rail Road, at Piedmont, Virginia, be and the same is hereby confirmed; and that the said Cumberland and Pennsylvania Rail Road Company, be and it is hereby authorized and empowered to have, hold, use, manage, work and control said road and all its appendages, including road bed and rolling stock, purchased as aforsaid, and with the same rights, powers and franchises as if the same had been acquired and constructed under its original charter and supplements thereto.

SECTION 2. And be it further enacted, That the President and Directors of the Cumberland and Pennsylvania Rail Road Company be and they are hereby authorized and empowered to increase the Capital Stock of said company an half million of dollars, and to treat and consider said Stock, or so much thereof as said President and Directors may consider right and proper, as fully paid for by the Rail Road and its appendages and rolling stock, purchased as aforesaid from the George's Creek Coal and Iron Company, and by its branch Rail Road constructed up Neff's Run, and the branch Rail Road constructed up Winebrenner's Run, and the rolling stock and equipments, placed by said Company upon its road since its first organization, (all of which, as is represented to this General Assembly, including said branch Rail Roads, have been added by said company to its property since the issue of stock under its original charter;) and that the said President and Directors may cause any portion of said increased stock, which they may not deem proper to treat and consider, as fully paid for, as aforesaid, to be taken and subscribed for under such regulations and upon such notice, as they may prescribe.

SECTION 3. And be it further enacted, that this act shall take effect from the date of its passage.

WE certify that the foregoing is a true copy of an Act, which passed the General Assembly of Maryland, January
26th, 1864.

W. R. COLE,

Chief Clerk House of Delegates.

C. HARWOOD,

Secretary of the Senate.

Session Laws, 1906 Session EDWIN WARFIELD, ESQ., GOVERNOR.

CHAPTER 257.

AN ACT to amend Chapter 469 of the Acts of 1849, entitled " An Act to incorporate the Cumberland and Pennsylvania Railroad Company," and to amend the charter of said company, so as to prohibit it from allowing its tracks to connect with, or its tracks, right of way or other property, to be used by the Baltimore and Ohio Railroad Company, or by any other Railroad Company, which is operated, owned or controlled by, or whose railroad property is leased to, the said Baltimore and Ohio Railroad Company, except upon certain conditions.

WHEREAS, By Chapter 469 of the Acts of 1849, the Cumberland and Pennsylvania Railroad Company was chartered by the State of Maryland; and

WHEREAS, By various and sundry Acts passed thereafter, the powers, rights and franchises of said railroad company were greatly enlarged and extended; and

WHEREAS, The tracks of the said Cumberland and Pennsylvania Railroad Company now extend from Cumberland, in Allegany county, Maryland, to Piedmont, in the State of West Virginia, running through the entire coal basin of said Allegany county, and to a very large extent controlling the entire output of coal in this State; and

WHEREAS, The said Baltimore and Ohio Railroad Company, now either directly or indirectly, has obtained and now has the control and management of the said Cumberland and Pennsylvania Railroad Company, and of its tracks, right of way and other property, and in this manner has obtained, and now has practically the control of the output of coal in this State; and
WHEREAS, The said Baltimore and Ohio Railroad Company has through subsidiary corporations controlled by it
become largely interested in the coal fields of West Virginia and Pennsylvania and has fixed freight charges upon coal shipped from points in said Allegany county over the lines of the Cumberland and Pennsylvania Railroad Company and the Baltimore and Ohio Railroad Company to tidewater points, and freight charges upon coal shipped from points on its line in Pennsylvania and West Virginia to the same tidewater points, so as to compel shippers of coal from Allegany county, in the State of Maryland, to pay on an average fifteen cents a ton more for coal shipped from said county to such tidewater points than shippers in Pennsylvania and West Virginia are required to pay on coal shipped from said States to the same tidewater points, although the Allegany county coal field in Maryland is much nearer said tidewater points than either of the coal fields in the other States mentioned; and
WHEREAS, It was the purpose of the State in granting to the Cumberland and Pennsylvania Railroad Company its charter hereinbefore mentioned, and in afterwards extending and enlarging its corporate rights and franchises, to promote the development of the Allegany county coal field, and thus increase the material prosperity of the State; and
WHEREAS, It is now apparent that the extensive corporate rights and franchises granted by this State to the said Cumberland and Pennsylvania Railroad Company are not now being used and exercised for the purpose intended by the State, but on the other hand are being used to the detriment of the material interests of the State and in such a way as to promote the development of coal fields in the State of Pennsylvania and West Virginia to the disadvantage of the State of Maryland; and
WHEREAS, There now exists another railroad running from Cumberland to the seaports, and by the first day of June next a third railroad will have completed its tracks from Cumberland to seaboard, both of which said railroads could connect with the tracks of the Cumberland and Pennsylvania Railroad Company and could haul coal from Allegany county to the seaboard; and
WHEREAS, At present the tracks of the Cumberland and Pennsylvania Railroad Company connect with those of the
Baltimore and Ohio Railroad Company, and its tracks, right of way and other property are now being used by the said Baltimore and Ohio Railroad Company and by other railroad company or companies which are operated, owned or controlled by, or whose railroad property or properties is or are leased to the said Baltimore and Ohio Railroad Company; and
WHEREAS, It is impossible for the State to amend the charter of the Baltimore and Ohio Railroad Company so as to compel said company to give fair and just treatment to this State and to its citizens and to the owners of coal property therein; and
WHEREAS, The said Baltimore and Ohio Railroad Company, although chartered by this State for the purpose of
promoting the interest of the State and developing its industries, and although it has, from the time its original charter was granted, received the most liberal treatment at the hands of this State, it is now and has been for a long time retarding the development of the coal industry of this State by compelling the shippers of coal herein to pay greater freight charges thereon than it charges to shippers from the Pennsylvania and West Virginia fields, as hereinbefore recited, although the haul in the latter case is much longer than in the former; and
WHEREAS, It is thus manifest that the corporate powers of both the railroad companies hereinbefore mentioned have been and are now being grossly abused; now, therefore,

SECTION 1. Be it enacted by the General Assembly of Maryland. That Chapter 469 of the Acts of 1849 be and the same is hereby amended by making the following addition thereto, to wit: The Cumberland and Pennsylvania Railroad Company shall not, after the 31st day of May next, permit its tracks to connect with the tracks of the Baltimore and Ohio Railroad Company, and shall not permit its tracks, right of way or other property to be used by the said Baltimore and Ohio Railroad Company, or by any other railroad company leased, operated, owned or controlled by the said Baltimore and Ohio Railroad Company, unless the said Baltimore and Ohio Railroad Company shall on or before said date so arrange its freight charges upon coal delivered to it from the Cumberland and Pennsylvania Railroad Company for shipment over its lines, that the joint and combined freight charges of the
said two railroad companies shall not exceed the lowest total freight charges upon coal shipped to the same destination over the line of the Baltimore and Ohio Railroad Company, or over the line of any railroad company leased, operated, owned or controlled by the said Baltimore and Ohio Railroad Company from any point in the State of Pennsylvania or West Virginia, which is as far or further distant from such destination as or than the point in Allegany county, at which such coal is delivered to the Cumberland and Pennsylvania Railroad Company; the intention of this provision being to provide that shippers of coal from Allegany county, in the State of Maryland, shall not be required to pay greater freight charges than shippers of coal from the States of Pennsylvania and West Virginia are required to pay upon their coal hauled equally far or further.

SECTION 2. And be it further enacted, That it shall be and is hereby made the duty of the State's Attorney for Allegany county on the first day of June next, and at any time thereafter, when he may believe there is reason for so doing, to cause inquiry to be made as to whether the said Cumberland and Pennsylvania Railroad Company is permitting its tracks to connect with those of the Baltimore and Ohio Railroad Company, or is permitting, suffering or allowing its tracks, right of way or other property to be used by the said Baltimore and Ohio Railroad Company, or by any other railroad companies leased, operated, owned or controlled by the said Baltimore and Ohio Railroad Company in violation of the terms of this Act; and in case the said State's attorney shall have reason to believe, on or after said date, that the said Cumberland and Pennsylvania Railroad Company is not complying with the terms and provisions of this Act, then it shall be the duty of the said State's Attorney to institute proceedings in the Circuit Court for Allegany county, Maryland, against the Cumberland and Pennsylvania Railroad Company, to ascertain whether said company has been guilty of such misuse or abuse of its corporate powers and franchises as would by law authorize and make proper the forfeiture of its charter, corporate powers and franchises, the mode of procedure to be the same as is now provided by the general laws of this State in such cases.

SECTION 3. And be it further enacted, That if at the trial of any cause instituted by virtue of the provisions of this Act, it shall be judicially determined that The Cumberland and Pennsylvania Railroad Company is permitting its tracks to connect with the tracks of the Baltimore and Ohio Railroad Company, or is permitting its tracks, right of way or other property to be used by the Baltimore and Ohio Railroad Company, or by any other railroad company leased, operated, owned or controlled by the said Baltimore and Ohio Railroad Company, in violation" of the terms and provisions of this Act, then it shall be the duty of the Court to pass a decree of forfeiture of its charter against the said The Cumberland and Pennsylvania Railroad Company; and the charter of the said The Cumberland and Pennsylvania Railroad Company shall thereby be annulled and vacated, and all its corporate franchises and powers shall cease and be henceforth void; and thereafter such proceedings shall be had as are now provided under the general laws of this State in such cases.

SECTION 4. And be it further enacted, That all Acts and parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed in so far as the same might modify or in any wise affect the provisions of this Act.

SECTION 5. Se it further enacted, that this Act shall take effect from the date of its passage.

Approved April 5, 1906.