The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-08-24


REPORT OF THE JOINT SPECIAL CON
NiTTEE ON THE CITY PASSENGEI
RAIN WAY
During the recess of the City Council the john
Special Committee on the City Passenger Railway
grant, approved March 2S, 1885, have been assidu
ously engaged with the investigation committed
to them, and had hoped to have been facilitated by
all parties Interested directly or otherwise so thai
thelr labors, rendered doubly arduous and perplex
ing Dy reason OF the reluctant attendance of many
ana the positive refusal of other witnesses ia
| come before them, could have been more promptly
terminated and the soictous anxiety of the grantees
anu the puDhc expectation more readily satisfied.
Inc ilrst and most important feature resulting
from thelr investigation is, that an overwhelming
| lorce OF legal opinion pronounces the ordinance
! granting extraordinary powers to VIM. Ii. Travers
ana others to take possession of the principal streets
ana TO occupy the same with railroad is alto
| gether illegal and. void, and that whatever is
granted thus, may be revoked by the City Council
The committee inaugurated its proceedings by
authorizing its chairman to take legal counsel
toucnlng the legality and validity Of the ordinance
ana as the foundation of their report the separate
ana elaborate written opinions of five members OF
the Baltimore bar, distinguished in the profession
are herewith submitted; though given without con,
cert, they unite in the great fact that the Ctv Conn
Gil had no right to make such grant and that the
same may be recinded
Some of the committee have conyersed with other
iega gentlemen, equally eminent, all concurrng in
the total inanity of the whole proceedinp and sno.
geStlng repeal or indictment the fitting remedy.
Inc committee, next in the order of their proceed.
ings, served through their clerk, written notiica
IONS % to the grantees, Messrs Travers, Browning
DeGoey, Cathcart, and Sumwalt, to appear before
them. The correspondence to which these potifca
uons TO the grantees give birth will be found here
WIN AT this point in their proceedings the com.
mlttee hrst encountered difficulty; nor can they for
pear an expression of their profound and unfeipned
surprise at the refusal of the granters-(see their
letter OF July 9th)-to appear, personally before
tnem 10 give such information as they possessed
ana 10 lend their aid In an investigation which in
June last seemed of such acknowledged conse.
| quence to themselves as to induce request in
writing, from them to the City Council, to post
pone their appointed adjournment until this nyesti
CATION could be secured to them
The committee, therefore, and yery naturally
| ielt astonlshed at so strange contradiction nor
had they, until apprised by the letter of the GRAN
tees, OF date July 9th, entertained doubt that they
al other parties in the interest of this grant
| would eagerly accept the opportunity to explain
ther relations to the ordinance and vndicate their
action under it; nevertheless although TINS foiIed
at the very threshold of their abors by the sngu-
so TAR IRON the confidence of the City Council THROUGH
tnelr friends IN that body, as to secure grant Or
franchise conceded to be of great value only to
beneht, ''hen uieCed as an investnent nonresident
capitalists, to the prejudice and injury of our oru
citizens, who were ready to embark their means in
the enterprise, your committee determined to ac.
| cede to the rendered suggestion of the grantees
anu 10 sena them series of written nterrogatores
without excuse, in far as their connection with
ana interest In this grant was matter Of legislative
| or public concernment
The City Council is invited to scrutiny of these
nterrogatorles as well as to the replies of the
tees: the latter being characterized by vague gene
IaltieS ana structures upon public sentiment and
the pubic press whose criticisms they appropriate
to themselves only to denounce.
Their replies disclose something strikiuo1y re
mote from willingness to diyulge that which
must ce known chiefly, if not wholly, to themselves
Inc responses OF your committee to these gentle.
men are particularly referred to-wrtten ss tbay
were, under feelings OF disappointment the natural
consequence OF persistent mttalism on the
| part OF the grantees, indicative of the commit
tees purpose to hold the grantees to the terms pre-
scrlbed by themselves
The committee, unwilling to recoonize the COR
rectness OF the grantees structures on the mode NJ
! procedure adopted by the committee and rejecting
the positions assumed by the grantees in the anal
SIS OF the committees powers, felt that the Inherent
| rlght resided IN the committee to designate and
prescribe for themselves an aohat manner and deto
! the investigation confded to them could be most
| efficiently conducted to the end that A fuU clear
ana comprehensive report might be vouchsafed; to
| these views the committee added their early belief
(basing it on the written appeal of the Grantaos
themselves to the City Council lust antecedent n
their adjournment in June last to continue in ses
SION until the suggestion of the Mayor, looking to
| the appointment of this committee, could be Com.
| piled with, that these gentlemen had no con.
! cealments to make, no evasions to practice after
the hagrant and odious assignment of the grant had
gone upon and stained the record of the courts of
| the city. "
The committee feel it to be their duty To invite
the attention of the City Council to the final an
swer of four of the grantees to the last letter adj
dressed the as evidence of the persistent refusal
! OF theSe gentlemen to meet the issue involved II
| VIII be seen from it that the committee have not
only mot been co-operdted acM by these gentlemen.
but that with most significant forgetfulness Of
thelr PuoiicY expressed anxiety to have the called
| n lima loet ~
dllcutIes OF the graveSt character in the path of
the committee. 1t must be left to the BODY at
| whose Instance we have acted to dram their arm
dea"ctons and to the public pen the solution OF
the mystery which wells the past and present rela-
tons OF those gentlemen to the grant in its incipi
| etcy and progress through the Councils; to the as
sgnees, both before and after its passage: and IN
those who, from the beginning, down to the nresent
hour, have been connected with it. The COM
mlttee, throughout their investigation, have been
trammeled by lack of authority to coerce the at
tendance OF witnesses; to send for persons and pa
pers, and 10 place witnesses under the sanctity of
their oaths hence their efforts to procure testimony
have often been fruitless, and, in some instances
treated with defiance. Nevertheless land in proof
thereof they have but to refer to the declarations
several witnesses to their WILLINGNESS IN statn
der oath that which they preferred not to state in
! the absence of such Obligation the committee
believe that the solution of this entire scheme would
| nave been attained without difficulty had these
omitted powers been conferred upon them. tho
summoned nortias 60 otllo~S ~ otnSi .,1 ., VI
| nointod rafnIsai f - tu, e1uPleu WIN inc
rpittao +o onsrro, ;,;.y 49, "ele osore sne COM
the ot auuresseu 70 tnem
absence from the committee of the power already
referred to, combine to furnish some idea of the
embarrassments and perplexirg disappointments to
which they were subjected throughout their la.
! bors.
The committee declined discussing the ASSIGN
ment not because they hesitate to reprehend and
ie -. ~ III my iaiis uaSe ol severity, ana To
upon Us ua"tcrS ,ne Teo"He o. despolted and
.Ir Peype put Simply because II mas spoken Tor
anu s sne asslgnors OF wanton dis
tJi 'ne peoPie ihle[est ana' IN the eye oi
:ne Puoirte, oomPllIateo tuem IN scheme, the
.tcePt'oe Ieo'ure oI Whlch was, as your committee
N ~ pelieVt' oeS9"ea ana sond ana sote
Jehet ior otners 5han those Whom 1t t0as Mer first
GUY ~ " - PIoettt P.., ui'I IoSter,
ne collihe!ee peieVe that TINS important grant,
III oi l.s passage ana whist yet IN embryo,
was Jor ana Sota 70 Joreigners and Is now
helu oy strangers VINO, y hc.r proceedings be not
o'res'eo VIII oraw from the TABOR and industry Of
our our """ cte'~eNS iarge pronts Wihch ought to re-
Lar aiming US anu VINO may, lot the tong period
YJy een gears Practice tyranny and ENJOY an Ill
"'S1yHeu lhohopoly'
lout corhuittee cannot, WIN tne weight OF legal
autnorlty lurnlsned them, and the result OF their
examination OF the powers conferred on the Mayor
ana Elty oouncll OF baltimore by the General As
semoly' 40 otherWise than pronounce the act, ap-
proved March 70, 1892 utterly rotd and illegal; but
assuming IL 10 nave peen passed and approved ac-
corning 10 cypress legislative sanction, the viola
tons OF lts TERMS ana especially OF the Ith section
nave estaoshed the necessity TOR Its repeal 1t is
tI mod ~ rue enat Ia tne construction o
IN