The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-18

The Message of the MAYOR to the City Councils,
in regard to the Passenger Railway, was not re-
ceved, in full, at our Office on Thursday evening,
in time for US to take that notice of its contents
which so extraordinary document deserves 1t
has now occupied generally the attention, of the
public, as to render an extended comment scarce
ly necessary.
So far as we are able to understand the purpose
which rambles through the desuory column and
a half of His Honors communication, it seems to
be to excite the indignation of the virtuous body
to which it is directed, and that of the public gen.
orally, against the Philadelphia assignees of the
railway job. His avowed object is set forth in
the concluding paragraph of the message in the
following words
with this explanation respectfully ask reference
OF this whole subject to joint special committee the
two Branches of honorable body, with instructions
to investigate the facts of the and inquire whether
any responsibility attaches in the event refusal
the part of the city to recognize further proceedings
der this ordinance and whether the action of those claim
ing the control of the grant, does not relieve the city from
all obligation to continue in them the right
system of Passenger Railways in the streets"
Translated into the unofficial vernacular this
pompous paragraph would appear to mean, that
the MAYOR desires the City Councils to stop the
assignees from proceeding further under the grant,
provided they shall find, after due enquiry, that
this can be done without subecting the city to an
action for damages The Court of Appeals of
this State, as well as other Courts, having decided,
over and over, that a contract made by a corpora
ton beyond the scope of its corporate powers,
imposes no obligation on such corporation and
cannot be the basis of recovery against it.
all that the City Councils have to do. in
order to meet the MAYORS recommendation is TO
make sure that the ordinance in question was one
which they had no legal right to pass This be-
ing abnndanty clear, and having been so all the
while, the result is that the Council can repudiate
the ordinance without any responsibility whatever
on the part of the corporation, and leave the un-
happy gentlemen from the City of BrotherIy Love.
who came to take possession of our highways and
byways, to recover at their convenience when.
where and from whom they can, the money by them
laid out and expended in the purchase and prosecu-
ton of that promising and benevolent enterprise.
Such in brief is the effect of the recommendation
of the distinguished functionary, who signed the
ordinance himself and whose official sanction will
thus turn out have been of the false pretences
by which the parties about to be turned adrift
were gulled into the outlay of their capital. 1t is
a consummation worthy of all the parties con-
cerned-periecty just in its results to the specu-
lators who prompted and brought about the dis
graceful transaction now about to eXplode-and
damning, as it deserves to be- in its exposure of
the municipal conspiracy, which some unucky
fraternal discord has precpiated to this untimelv
end.
1t is simply absurd, if not worse, for Mr. SWAMI
directly or indirectly to assail now the conduct of
the original grantees in assigning to others the
powers and privileges which the Ordinance pro-
feSsed to confer upon themselves Whether said
assignment be wise or unwise, honest or dishonest
IL was made IN unequivocal conformity with the
authority conferred to that effect by the Ordinance
and by Mr.. SWAMI himself who signed it. The
very first section of the Ordinance not only names
WILLIAM II. TRAvERs and others as the parties
authorized, but goes on, in express words to
extend the privileges conferred, to "those who
fare now, or may hereafter become associated
with them, and their assigns" If therefore
the grantees chose to assign, it was a matter
with which the public might have great deal to
do, but the MAYOR and City Council could honestly
have nothing. So far rs they could authorize if,
they did so, and the responsibility is theirs. IF
the assignees purchased, it was with the express
sanction of the corporate authorities and for the
MAYOR now to pretend to treat their having done
so as an element in the outrage at which he has
become so suddenly indignant is rs full of bad
faith as it is of sheer weakness The public, as we
have said may choose to regard hap of the trans
action as an element in the account which they bav
to settle, but it is too late for the authorities who
were part and parcel of it to escape their response
blllty, by crying out at this time of day, against
1T. If Mr.. SWAMI did not contemplate an assign
ment by the grantees why, we repeat, did he
extend any powers to their "assigns?'
Equally bald and perhaps more disreputable is
the pretence of the Message, that Mr. SWAMI. in
signing the ordinance in controversy looked tsto
an act OF incorporation hereafter, and that the
grantees embarking in the enterprise would do
so, with full view of the paramount power of
the Legislature" The ordinance reserves MOTH |
ing for the approval confirmation of the Legis-
lature. Its terms are absolute The parties
named and their assigns fare authorized and en-
powered to lay double track of city passenger
iron railways" The grant is as full and COM
piete as words can make it. Over and over it had |
oeen insisted, in the public prints and elsewhere,
'nat the City Councils had no power to make such
grant. The friends OF the job as resolutey in
slsteu mat they had. In the face and with the
hnoWledge OF that controversy, the ordinance was
pasSeu, without any hint whatever of its subord- |
nauon to subsequent legislative action The MAYOR
signed 1t as it was passed, saying not one word
ABOUT the necessity or propriety of legislative raf
cation. Nay, the very opening of books and issuing
oil stock-in regard to default or irregularty in
which he is now complaining-are required to
r'Ne place within ninety days after the passage o
'ne ordlnance-the work itself being required to
Ut commenced within sixty days-both of which |
PERIODS must of necessity expire before the meet
my OF the Legislature could possibly take place.
Hi'ner MIR. SWAMI, therefore, did not contemplate
al all the Legislative action, which he would now
PelSuaue MS mat he CONTEMPLATION when he
slgheu the ordnance without saying anythino on
the suoJec'' ne knowingly laid trap for unwarv
assigns, who might buy upon the faith of the
city's assertion of its own powers ona .ho.,
be treated to No. of Mr.. SwANv,s ssas,n,,,
'tions," viz
rs. That the Legislature will not grant char.
er of corporation in view of the facts herein set
"forth"-. e. the ''facts' for which Mr.. SwANN,s
ordinance openly and expressly paved the way.
Our space does not permit us to dwell upon the
other numerous unworthy subterfuges and pretences
Of the "City Government in the document in ques-
ion-such for instance as assimiating the Railroad
ordinance to the voluntary associations of the Stock
folders of the Union Bank and other private cor
orations, in anticipation of the meeting of the
legislature, to which they meant to apply for char
ers. Until Mr.. SWAMI shall show that the menu
ers of those institutions did otherwise than any
Their private individuals associating themselves to-
ether as partners till they could be united as cor
orators-until he can point out the city ordi-
ance giving them corporate powers, and authoris-