The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-03-23
MESSAGE OF MAYOR SWAIN VETOING THE
RAILROAD BILL.
vi = VN D OTFINE, VIIl AID,
Baltimore. March 22nd Ia
- DdTVTHIOGt, NdTCH ZZHU, I60J. J
10 the Honorable the members Of the First and
Il D.. l. Il a

Mayors OFFICE, CITY HALL, !
Baltimore, March 22nd, 1859. 7 |
To the Honorable the members of the First and Sc
cond branches Of the City Council:
GENTLEMEN:-I return without my signature, the |
ordinance entitled can Ordinance empowering
William H. Travers, William S. Browning William
DeGoey, Robert Cathcart, Joshua Sumwat, and
those who are now or may hearafter become asso-
ciated with them and their assigns, to build and
lay down tracks for Passenger Railroad on Balti-
more street and other Streets" The whole sub
Ject has had my most earnest consideration and |
have felt constrained from an imperative sense of
duty to the people of this city, to exercise the priv
leges conferred upon me a coordinate branch of
this government, in withholding my cooperation
from said ordinance, with view to certain modii-
cations and amendments which have occurred to me
as advisable
The subject of street railways is one of COMPARE
lively recent origin. 1t is fortunate, however for
us that other and more populous cities have taken
the lead in the establishment of this mode of trans
portation, and thus enabled us to follow the result
OF their experience. Public opinion has long since
recognized the Importance of improved facilities in
bringing together and consolidating the population
OF all large cities few years ago suburban pro-
perty in and around the corporate limits of the ctv
of Baltimore was comparatively valueless whether
as sites for business purposes, private dwellings,
owing to remoteness from the more active marts of
commerce, and the absence of the means of prompt
and regular communication. The introduction of
coaches of enlarged capacity, plying regularly be-
tween these distant points, produced an immediate
change in the habits of our people, and added mil
lions to the basis of taxation. All parts of the city
became centralized and knit together by this i'm
proved mode OF transit. But if such was the effect
of the introduction of omnibuses liable as they are
to so MANY drawbacks, what might not have been
anticipated from the more perfect mode of trans
portatlon winch this ordinance proposes to inaugu
rate, and which has already produced such encour-
aging results in other cities? The effect has been
incredible wherever the experiment has been at
tempted; and that man would be, indeed, behind
the age who, upon any supposabe ground, either of
convenience or expediency, would interpose ohsta-
cles in the way of so great an Improvement There
is no city in the Union where the introduction Of
passenger railways is calculated to lead to more sub
stantial and useful results, to stimulate, by more
rapid strides the advance of city to wealth and
p pulation.
1t is with no hostility to the SYSTEM then that |
feel it to be my duty to withhold my signature from
the ordinance presented for my CO operations on
the contrary, avail myself of the OCCASION to ex-
suffered to elapse, in the modification of the plan
which, while it secures to the people all that they
may fairly and justly claim, may afford to the full
lest extent the facilities contemplated by this bill
The power of the city of Baltimore over her pub
lie highways, is the most important conferred bv
her charter. 1t is because the facilities of trade
depend upon its iudicous exercise. In these high
ways the people have vested interest; and any
partial or total surrender of this power can only
be justified upon the ground of convenience and
public pollty. Apart, however, from the general
police control, which the city is empowered to ex-
ercise, she has right of property in the bed of her
streets, and the franchises connected with them
which, if they can be turned to profitable account
without interfering with their free and unobstruct-
ed use, avenues of communication, thev have a
right to expect may be made enure to their benefit
The occupation of the streets of CITY bv Railway
! Company is the exclusion of all other modes of
| transportation, and the concentration of trave
upon this one alone. 1t drives from existence al
other plans of locomOtion In this view it is in the
ott,,n. If 1nl., L.
interference; but it is of those mOnopolie
which the public may well tolerate when it is plac
| ed under such regulations to result in grea
public convenience The partial or absolute trans
fer of this power is the giving up of that to whcl
substantial value attaches, and the use of which
| carries with it valuable consideration; and th
people of this city viewing it in business aspect
while they expect to reap the benefit of the improv
ed facilities contemplated by this ordinance, will
demand at the hands of those entrusted with thu
management of their affairs, the adoption of suct
plan as shall offer the greatest inducement, and con
fer upon them the largest present and prospective
advantage.
All the propositions in reference to the introduc
ton of a system of Passenger Railways in oul
| streets, appear to combine the same general feat
Urc, with the exception of that which establishes
the rate OF fare In the Northern cities, the pre-
vailng standard has been fixed at cents per pas
senger, whether for short or long distances, upon
the leading thoroughfares; and the public have
been satisfied with this as the maximum charge. In
|
adelphia, this charge is said to be largely remu-
neratiye; but as part of system where les;
crowded and attractive routes are to be maintain
ed and worked, the net profits must be greatly re-
duced 1t Is no part of my purpose to go into
discussion of the earnings of these railways. My
object is to claim for citizens the benefit of thu
Improvement, upon terms that will be certain tt
ensure its success; at the same time that we secure
a fair participation in its results, and guard ou
city against ultimate loss In the rivaries excited
by the applications which have beer made to YOU
honorable body, honest differences of opinion
based upon conJectural estimates must neces
| sarily have arisen; but we must avoid the danger
OF a mistake IN the very Threshold, by an Ovel
| eagerness to exact more from the contracting par
ties than they are able to realize from the work it
self. We must base estimates solely upon the
reasonable fruits Of the enterprise apart from al
extraneous or auxiliary support If benefit is like
ly to accure, it must be sought in Just and euuit
able agreement, without reference to the indiyidu
al responsibility of the contracting parties. Meth
er the city the legislature would be disposed tt
enforce contract based upon miscalcua tion OIL
over estimates of probable results and entailins
loss upon its projectors.
Among the more prominent and leading measures
presented for the consideration of your honorable
body, was the ordinance empowering William G
Thomas John II. b. Latrobe, Charles l.. Dudes
luys Thomas NJ. Smith, William Trego, William
| Woodward, David Carson Henry G. Rice, John G.
Proud or majority of them and their assigns tc
lay down and keep in repair a Railway on Balti
more and other Streets
In the 7th section of this ordinance it is provided
that for each and every in daily use, there shall
be paid an annual license fee of ftv-sx dollars into
the treasury of the city, and further th at the sun
Of twenty-six thousand dollars out of the earneC
profits over and above six per cent. shall be Sc
apart and invested for the use of the public schools
or In such way as the Mayor and City Council MAJ
direct.
Section Sth provides that the said parties or thei
assigns shall pay to the Mayor and CITY Council o
ri of oh Iirido do
be from time to time declared.
The fare ON passengers is fixed at the rate of fiv
cents
The details of this ordinance appear to have bee,
suggested by the terms of similar grants in some o
the Northern cities, and the rate of passenger fail
Is assumed at fire cents, in accordance with thu
standard universally prevailing in those cities
But the competition seems to have been finally mar
rowed down to the ordinance now submitted 70
my approval and an ordinance entitled "An ordi
nance empowering Chauncey Brooks, j. Owing
Hoffman, Zenos Barnum, John N. McJilton, Ed
ward H. Stabler, Nicholas Popplen Henry Mankin
George b. Clarke, William Alexander, Daniel Nc
Phail, William }. Hamill, Frederick c. Crowel
and Charles S. Willett and others, who are now
or may hereafter become associated with them Of
their assigns, to build and lay down tracks for
passenger railway Baltimore and other streets.
Upon a careful examination of the details of thes
two last measures, | find them in the main wei
guarded, and comprising almost the same genera
features 1t is also subject of remark, that in al
of some of our most respectable citizens There
are however, two material points of difference be
tween these two applications.
| In section 5th of the ordinance submitted for M
approval, it is provided ''that the price for trans
porting passengers from any part of the city tC
any other the line of their RAILWAYS shall mo-
exceed the sum of four per passenger and tha
the sum of twenty dollars shall be paid annually
upon each car running regularly said railway
as license money therefor, to the City Register"
In section 5th, of the 90 Brooks Bill" it il
provided that the price for transporting pas
sengers from any one part of the city to any other
on the lines of their railways, shall not exceed the
sum of three cents for each passengers and that fur
theT, the said association shall pay to the proper
officer of the city, as license money, and in lieu
all charges by the city upon the property and capi
tai stock of the said railway association for taxe
and assessment, and all other public dues whatever
the of ten thousand dollars per annum nav
able semi-annually, from the time of opening th.
road to the public travel; and that the aforesai,
| annual payment of ten thousand dollars shall he
preferred debt or claim against the road and nron
erty of the said galway company, by mortgage o
otherwise
Two propositions are here submitted to your hon
orable body-the one offering to the city a certa
annual bonus of Sl0,000-and a rate of fare not ey
ceedng three cents, for the privilege of occupyin
your streets; the other bonus of twenty dollar
upon each car, and rate of fare not exceeding fou
cents. ."
In presenting themselves to your honorable body
the parties represented in these various applica
tions, stand as bidders for valuable privilege.
Is not an ordinary contract that the city is calle
upon to enter into-where defined results may b
foreseen either by herself or the parties themselves
hnt hat n1Ist ha aIh ~