The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-06-28
CHINA
~pTO THE CITIZENS OF BALTIMORE

/|PT0 THE CITIZENS OF BALTIMORE
- The undersigned, grantees in ordinance empower
associated with them and their assigns build lay down
although raeaS Sa aed and se and 9th
presented have deferred until the present making the fol-
tRe public and Thn e @ the both
which was gwen to them by the Mayor and City Councils
Baltimore, there expectation that would be de
mahded than what the ordinance itself required To comply
order that the case may be properly presented they propose
two inquiries LIST What does the ordinance require? ID
what nave the grantees done by Of fulfilling its requ
n answering these two questions it be found that all
poses upon the grantees is it not unfair and unjust to hold
geso having violated the terms Of the grant t6ey ba
ton IS Of the ordinance That parties hereby empoW
cred TO construct passenger railway aforesaid Shall give
sum of HUNDRED ouaad dollars for the faithful pe ie
fomanes OF ne Civilizations and liabilities contained in this
the passage Of this ordinance few days after the ord
in presented their bond properly executed the autho
rites referred to- who Immediately approved and accept
Before the second provision of section could be
complied WITH viz to begin the road within sixty days
was to meet another provision which is to be found
IN the sth section in the following words That the parties
they hereby required agree with Mitchell Coie
n nb By ana cy M @ of existing ON
horses harness carriages and stables to be paid for in cash
part of said road and for the purpose ascertanng the
by d nj Gf m deeS the
the parties to this grant shall appontOne referee and the
hall appoint an umpire the decision of whom
Soon the acceptance Of the ordinance meeting was
had between the City Passenger Railway Company and the
OF te on named 10 the sh section, and
the terms offered by the company readily accepted
fn e th was another provision of the grant met and sat
The next step in regular progress to begin the road
within sixty days and continue its under the
supervisor OF the city commissioner and the joint standing
the approved plan and from the note e o.
ed ie engineer OF the road, the Judgment of the city
u,.,y,o, po,oa p.o l,,.. BALTIMORE, May IL, 1859
way company, beg to submit to you herewith pattern
Of the and eccons u Sge enrS yin mt the I form
parties undertaking to furnish work materials - '
ii otherwS to let me know what particulars you desire
GIIHERTF II RRrsox, Chief Engineer
IN the If 9aGs Of TINS note and it believed in the hand
which see and approve tsa% ana e en
proved was doubtless intended by the must
cerned it wasappoyed by the officer Of the city TO Whom
ordinance is clearly defined by the ordinance tse e'' IN The
one II Is presumed snpposes that the intention
ant duties to perform which attach to the position Of City
h I'M 81 @ the additional task Of going day by day
ol ont he was TO have the ordinance itself
and laid down to ostruct or IMPEDE the @ o% 81
water across the streets down cutters thereof and
ing that in laying down railways the propreto thereof
the may hereafter estabiShed BY
in other words, If the company construction OF their
missioner should have the compel them to
i4em rms rms Us fr construction of the ordinance and
missioner. w I'm
Another provision of the ordinance and one upon which
tCn, and follows That ali the IRON r rain sr
the construction and of said City Railways and ali the
same shall be made manufacure employed and obtained
IN the city OF Bamos and not elsewhere; shall
ofcannot be had obtained within the prescribed limits in
ete said Railways within he m s @ aSSocaon to com
nance for the completion of the when after due effort
be had and obned haa WHERE the %
arR eu Sh eS0n the through
PROPOSALS will be received at the office of the City Pas
senger Railway Company No ST. Paul street from the
banr aeeE an the 9h day Of May next between the
e Hs F &sss akF aEsay
so far as graded and paved from western
eTging at Canton avenue each side of the
the the ordinance in such case made and bro
lded and specifications containing particulars may be OBJ
Parties bidding for the above will be required to
the completion of the within sixty days from the
aae OF e award OF the contract and for the faithful obser
it is requred among other things, by the ordinance That
poe in and pn pa sa 6o0 0her used and
said City Railways and all the labor necessary to the build
faciure employed and obtained in the city of Baltimore
and not elsewhere unless it shall appear after due effort by
within the prescribed limits in reasonable time az
within the time limited by ordinance for the completion
OF the same when after due effort aforesaid part
tanned elsewhere No bids therefore, will lie received ey
cept from citizens of Baltimore - =
"JosnUA B. suMwALr, Secretary
All the Se e of ro f ef MS
IN TINS ety. there being no machinery here for its manufac
lure and no one being willing to incur the expense such
Railway have been furnished i in this iy cy
aug by cltzens OF Baltimore and the iro which could
Of Baltimore hs there has not been stroke Of the iaJor
erpenaed from the beginning that has not been gre bv c
There remains but one other provision which these
that the 9TH section to which they beg leave to call
said Association sha afte as pssssge of ord
nance cause book to be opened In this city for purpose
and the to the same from such persons
Be r s
aa{ S% the 5s Of this ordinance its
and said shall of the time and p Place
days an in ny "a Of @
ing subscribed for than said company are authorized to
1t will be observed that in this neither the amount
O. the capital stock nor that of the shares has de
Baltimore has no poper to confer corporate privileges upon
self corporation and as such derives ali her As er
| the Legislature of the State . -'
Having therefore authority to fix these amounts she
very properly declined to assume the and referred the
s%SfG tho eSap re hence the
than SAID company are authorized to issue, shall
by city because we have seen has nc nc
power i'll the premsesnot by the grantees because they
can now exercise that has given them
ai ff BY e sery an5uage q e
referred to power which right &
determine these matters viz 10 TIE Lrgfafrs offbs Soe
That this view taken by the Mayor and CIV coHnc
abundaDty by the provision Of the ninth secou
OF the ordinance. II is as follows
THAT u tie 9f6reSdid parties their associates successors
or assigns shall hereafter become incorporated the right
and privileges granted them by virtue of this ordinance
shall extend to such corporation the conditions hereiI
been obtained such shall have all rights ant
privileges hereby granted the the said par
ties without further action of the Mayor and City Council
baimore The city, therefore, assumed intended
70 assume the right to determine the two important aues
tons what shall be the capital stock and
OF each share of that stock IT, them could not do thes
things It follows dseqter that could not confer thu
undersigned to dop They had power fix the capita
stock of the amount of the shares They only adopt
subscribe To the stock to do under provisions of ms sec
on and to Secue 70 themselves all the powers
ohich ~ eOers With this candid exposition of their cour
they submit the subject for the present to the Judgment
btteest of their assaans point single demand of tn
ordinance that has not been fully faithfully and honestly
| met. " .- -'-. ~ =
They had hoped that their request which was submitte
to the Councils the day oter ad ournment for the
to reconsider their action and in session unit
the suggestion contained in the the ayo
could De acted upon would have been granted and
immediate Investigation would have been allowed them
The councils determined otherwise submit The,
feel grateful TO them for their prompt compliance with thief
petition to print the correspondence which has taken plac
between the Mayor and themselves When printer shall
have finished his work revert this subject in con
necon with the communication which the Mayor has sub
mitted to the Councils. gEIl 'ar ~ =. -
| o.. cry respectfully, l--- .-s#
| MM. f. TRAyERs,
| th .. z" VIM. 8. BROWNING, r
| DO .t..f.r. ..t.' WIN. DEGOEY. fT.i
| 't R0BT CATHCART,