American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-04-15
MAYORS OFFICE, APRIL "a, 1916.
Gentlemen Of the First and Second

MAYORS OFFICE, APRIL "a, Is45.
Gentlemen Of the First and Second
Branches Of the City Council:
have read and attentively considered bill
"entltled an ordinance to provide for the en-
enlargement of trade in the city of Balt-
more" being fully impressed with the great i'm
portance Of the subject 10 which it relates, and
finding an additional strong inducenent to its
favorable consideration on my part, by reasons
OF the decided vote it received in both branch
es OF the Councils, thereby maniiestiag their
convection Of the policy of its passage into a
law Coming to the examination of its pro-
Visions with pfedispositon to secure, SO far
as my official sanction is required, most of the
important objects designed to be obtained by
the bill, and a keeping also in view In; peculiar
circumstances III our city affairs which led to
ITS adoption; sincerely DESTROYS in no way to
oppose its leading provisions beng enacted into
law, ! am nevertheless compelled, by my
sense Of responsibility as the chief executive
Of the city, to withhold my approval of the
bill as it now stands, for the reasons which |
will most respectfully and briefly enumerate.
BY the construction place upon the first Sec
ton of the said bill, the power is given to the
Baltimore and Ohio Railroad Company, in my
Judgment, to alter the grade of any street in
which the new branch proposed to be construct.
cd shall be located; although, as | am inform
ed, if was not the design and intention TO confer
that privilege; and in confirmation Of what IS
supposed to be sufficient guard against its ex
ercise, my attention has been directed to the
proviso inserted, 70 HIGH says: tnat sthe Grade of
no street shall be altered or interfered with, ex-
cept SO far as may be necessary in the laying of
the rails on the sane.''
1t is said, that this restriction is meant to 90
the length Of forbdding any other alteration
beyond the removal of the stones Of the street
for the purpose of laying the rail. II this in
tent was 50 explicitly set forth in the bill, my
objection of course would lose its force, but
cannot yield my assent to this constructions, be-
cause the phraseology now employed would
be in that aspec singularly inappropriate and
unnecessary; neither would it be at all desira-
bic to insert the right "to adopt such grades
and curves" as would enable them advantage
ously to use the motive power thereon. If the
construction alluded to, differing from my own,
is the right one, still it is not desirable to
change the language used, and thereby avoid
any opportunity of further litigation. This
section is further Objectionable, in my Judg-
ment: because it divests the corporation Of Bal
timore ofits power to enforce its police regula-
tons over the use of the motive power, even
protection of the lives and property of its citi
xens may be shown by experience to demand
the enforcement of that power. And here
again am aware, that a construction is sought
20 be put upon certain staining provisions to
obviate any difficulty which might BIO apprc-
hended 10 flow from the abuse by the Railroad
company of the privilege granted.
It is urged that the city authorities may a.
dept "such salutary regulations as will forbid,
by penalties, dangerous use of said moving
power. But 1t is not manifest by the language
employed, that any regulation of that charac-
ter, however loudly called for or salutary, is
still made subordinate consideration, if in
conflict with "the economical and efficient en-
ployment of said moving power" The most
that could be claimed in behalf of the Corpora
ton of the City of Baltimore, would be to test
IN Court of Law, tho compatibility of any
police regulations that might be enacted, with
"the economical and efficient employment of
steam power, thereby taking away from the
representatives of the people, the ability to de-.
eide after the light which experience may
throw upon the subject, whether or in what
manner they will exercise one of the most i'm
portaHt Of their chartered rights; and reposing
by preferences in a corporation, such as that of
the Baltimore and OHIO Railroad Company, or
in the Courts the question Of security. Is not
this to prc-suppose that the people, for whose
especial interests this bill was adopted, and the
reasoning in its behalf is predicated upon thu i,
assumption would not through their fepres An,
tatiyes be competent to decide such que s,on.
or that unmindful Of all the advantages confer
red would in spirit of unworthy Hostility
defeat, by nnwise or ungenero.s syula,ieos
The proper management of said ..,u,oonv. II
will be borne in mind that the ,,ala.v of psne
such motive power even in conjunction with
the exercise of proper poll SO roSula,iuas. has
been a point in dispute f ~ a series of wears,
and that, indeed, the former determination by
the city authorities against granting the per-
mission, has been rproved Of
1t is true that experience has served in a
great measure to change public sentiment in
this regard, and my own judgment confirms
the view u.nder which the Councils appear to
have acted, of the equal security, if not great
er, under proper CONTROL afforded by the use OF
steam over horse power; and most cheerfully
would acquiesce in its adoption, but not to
the extent Of forbidding the city authorities,
for the period Of twenty years, from prottlng
by the lessons of experience they might be
taught OH this subject, even if they should re-
suit in an adverse conclusion from the opinion
] now entertain. | am free to declare, that
the liberal policy which has at all times char
acterized the action of the Councils of Balti-
more towards this company, whilst it forbds Inc
to anticipate unnecessary harshness or ae cap
tious disposition on their part in reviewing the
management of SAID company, inspires, on the
contrary firm belief that they, regarding i, as
II Justly deserves to be considered one Of the
chief means by which the prosperity of the city
may be promoted. that every chu6denra NAV