Baltimore Belt Railroad v. Mayor of Baltimore

Pearce, J., delivered the opinion of the Court. This is an appeal by the Baltimore Belt Railroad Company against the Mayor and City Council of Baltimore from a pro forma order and judgment of the Baltimore City Court, dismissing an appeal filed by the Railroad Company under sec. 170, of the New Charter of Baltimore, from a ruling made by the Appeal Tax Court of Baltimore, fixing the rate at which certain portions of its right of way in that part of the city annexed under ch. 98 of Acts 1888, and known as the “Belt,” should be taxed for city purposes for the year 1900. The question involved is the same considered and decided at this term in the case of the United Railways and Electric Company of Baltimore against The Mayor and City Council of Baltimore, ante p. This case was tried upon an agreed statement of facts similar in all respects, exceptaste the mileage concerned, to the agreed statement of facts in the case ⁶³⁹ just mentioned, and the two appeals were argued together in this Court. (Decided June 14th, 1901.) Of the total mileage of this road, 3.19 miles are located within the Belt, and of these 3.19 miles, 2.35 miles are situated in portions which have no avenues, streets or alleys opened or constructed through the same, and where the blocks of ground through which the road runs have not on each of them, six dwellings or store-houses ready for occupation.

It is clear that this case must be. determined upon