The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-27
CITY RAIL WAY.

To the Editors of the Baltimore Exchange:
GENTLEAEN:-Much has been written and pub
lished upon the subject of passenger railways
through the streets of our city, But have not OBJ
served any communication upon the important
matter, to whether the corporation of Baltimore
has the legal right or power to incorporate any
body or persons or appoint any one whatever, to
construct such railways upon our thoroughfares.
In so far as the writer has been able to examine
thorites, he has not discovered any Act of Assem-
bly, giving to the city such power, and we all know
that without such action the part oil the General
Assembly the city cannot, and, it appears to me
that intelligent capitalists would not, proceed to
execute matter so expensive as the construction
OF railways and their appendages, unless they had
some hope of naturalization for losses.
BY Act OF Assembly, 1884, chapter 252, entitled
IAN Act to vest certain powers in the Mayor and
"City Council of Baltimore" it is enacted: "That
"the Mayor and City Council of Baltimore shall
"have full pow and authority, and they are here
"by directed, on the application and assent in writ
lng of the owners of the major part, in extent of
"ront feet of the lots fronting each side of any
"street, part of street. in the said city, to pass
call such ordinances as shall be necessary for the
construction of any track or tracks of railway on
land along any such street, part of street, &C..
"&c., and to levy and on all the lots fronting
ION street, or part OF a street, through or on
(Which such railway shall be constructed &C., &C.,
their just proportion of the expense" &C. See
Revised Ordinances, page AL.
In the first place this act presume was designed
TO authOrlse the construction of railways such
streets as might be benefited by connection with
either of the existing railroads and had no refer
ence to citNpassenger railways.
But if it does refer to the latter, presume it
will be necessary to show, in order to prove the
legality OF the ordinance recently passed, that
majority of the owners property along both sides
OF the streets therein mentioned have asked for the
railway, to be constructed proposed; and
Secondly, if such majority has asked for such
railway in writing, under the above act, the City
Council have no discretion reserved to them for
they "hereby directed" to do what such MAORI
ty requires asks for in writing, pursuant law.
How the Mayor and City Council in defiance
of the express act of Assembly give to certain Phil
adelphians-for it amounts to that--a right which
belongs to our property holders and to them alone
For presume it would not be reasonable to sup
pose that the gentlemen who obtained 500, 600 for
the transfer of the ordinance recently passed by the
Council, previous to such transfer even now,
owned a majority of the property interested.
conceive that notwithstanding said ordinance,
the people or property holders on Baltimore or any
other Streets have all the power the Act of Assem-
bly, gave them and the corporation cannot dispos-
sess them of it.
trust that so soon as the work under the ordi-
nance alluded to- is commenced, some public spirit
ed citizen who is above peddng away our rights
as citizens, and far removed from the apparently
corrupt influences which it is presumed, sprung
the oppressive measure into existence, will, by lay
ing an injunction upon the scheme, put a perpetual
stoppage upon the success of the desperate gambling
which some think characterized the lobby inhu-
ence upon this subject.
MILLIONS PoR DEFENCE but NOT
ONE CENT FOR Tp1RuTF