The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-10
PROCEEDINGS OF THE MARYLAND LEGISLATURE
HOUSE OF DELEGATES.

when Mr.. Harding interrupted Mr.. Kraft, and
asked him to yield o a motion to adjourn.
Mr. MILLER hoped that the House should con.
tinue in session until the bill was disposed Of
He hoped that there would be no adjournment.
Let us do one thing or the other-defeat it or pass
it.
The House resolved not to adjourn.
Mr.. KRAFT resumed, and took up the question
as to the right of the Legislature in legal view Of
the matter, to annul a contract made bv the CITY
council, urging that parties who would ask sucb
di an act from the Legislature pleading for the
LIasnonor OF the city. The Council, he contended
iuu control over the streets of Baltimore CITY
tnS t%n pave the streets with any description of
tt 10y P5iease, or even with iron provided that
strc+ G. mo no nuisance or obstruction in the
go tho go ,' as as doing or granting any power
was concerned, the control of no No. d o..
Council was supreme. Messrs RrocR e. 70 dyo
not therefore, ask any grant from the IeaisIotrro
ey dsN io' an act OF Incorporation, to
enable them to use common seal, and to sna and I
| be sued W sue anu
The parties who came here to deprive Nos,r,
BROCK Go. OF their rights and their pronort
are virtually the same parties who asked the Co,y'
Gil to grant them the right to construct rail,yon
In the city of Baltimore. They asked the grant of
the Council under the belief that the Council could
grant the right. He therefore contended that they
| were stepped from applying to the Legislature to
deprive parties OF that which they had themselves
endeavored to obtain. 1t is a contract as binding
on the city when granted to one party as it would
nave nave peen II granted to the other. In conclusion
he spoke at some length of the advantages of brine
ing toreign capital and enterprise to Baltimore
| MI G"RnoN rose To reply He cared nothinn
ABOUT the personal issues raised in this argument
| IL made no difference whether Mr.. Abel had
| lodged or Mr.. Beach was sick, or as to whether
| any one gentleman had a conversation with any
other gentleman. There but two points at
issue-hrst, whether MesSrs. Brock Co. have any
legal right to the of the tracks laid down in the
! streets OF Baltimore; and second, whether this
Legislature should in justice confirm and establish
| the rights they claim to have obtained from the
! City Council. But he contended that the citv
could not grant license for the parties to build
road or to run cars upon it. Having gone there
| without license, we are to regard them as II es-
passers; but perhaps as trespassers who should be
oeait 1ghtly with. The question, we are told, is
one of right and if so, it is properto INQUIRE how
was the ordinance of the City Council carried out
| by these corporators.
we :, are told that the road was not incorporated,
ana they could, therefore, issue no stock. We are
| told again that it contract If it was a con-
tract, mas all the provisions of that contract been
| carried out? By no means. The 18th section was
ignored. The section of the ordinance or contract
as you may call it, was not complied with there.
fore, 1t has been violated, and is null and void
| When the grant made the CITY Council and
the people OF Baltimore expected that it would be
| carried out.
| He did not object to Messrs Brock Co becausa
they were Black Republcans-far from it. There
was no proof of that fact; its assumption was alto
gether gratuitous. While he did not urge these
thlngs, he did urge, as a serious objection that
foreign capital had been brought into the State and
our own capital driven out. Citizens of the
state were prepared to construct these roads and
tney nave oeen deprived of the right to participate
IN them, which should not be sanctioned by this
House..
Mr. MILLER said that in reference to the bill he
would not enter into a discussion 1t has been said
by the gentleman from Anne Arundel county that
the course of certain gentlemen was suspicious
lie dlScalmed any idea of a bribe on the part of
members, or of members of the House generally
lie had been elected by his constituents as free and
untrammeled, not having pledged himself to anv
party. lie would vote for this Brock bill regard
less OF the opinions of any one. He would never
suffer himself to be nominated again. even if it was
the unanimous wish of Cecil county. The delega-
tlon has tried to do its duty If any errors have
head. > " '"0
The CLERK then read the bill first time. without
amendments.
The Committee rose and reported the hills bacl-
to the House.
motion to adjourn was made but lost, by ayes
10; NAYS 49, ~
This was regarded as a test vote on the bill.
MIR. MAXWELL moved to read the bill second
time for amendments. To the first section Mr.
Morgan offered an amendment to insert the words
mot inconsistent with the Constitution and laws of
the United States, of this State or ordinances of
Mayor and City Council of Baltimore in this sec
ton referred to, any other ordinance now passed
or which hereafter may be passed, for regulating
PuoIic highways OF SAID city," Lost-ayes 81,
nays 35.
Mr. MORGAN then offered an amendment to open
books, under the 9TH section of the ordinance
mr. GoLDsBoRoUGH said that the friends of the
Dill would propose an amendmentto the 7th section
at the proper time, for opening books
Mr. DENIsoN, o. Baltimore city, offered the fol-
lowing as new section of the bill
And be enacted That the corporation hereby created
be and they hereby required pay over to the Reg
lister of the City of Baltimore used and appopria
ted the uses and purposes as recited in the
IOnnCil lOf
March 2S 1852 the oneh part of the whole passenger
receipts OF the corporation, and failure do So ac
cordng to the letter of said ordinance this corporation
shall be liable to the penalty of 800 each and every
cordipg to law.
Mr.. DENNIS said that the friends of the bill cheer
1ully accepted the amendment. They had no de-
sire to evade any of the responsibilities imposed by
the ordnance, and would adopt it unanimously,
and it was adopted.
An amendment was then { ffered to causa hooLS
to be opened. Rejected-ayes Is, naysI
Mr. MORGAN moved an ad ournment. Ayes and
nays called, and the House refused to adjourn
ayes Is, nays Al.
Mr.. BRIsCoE offered an amendment to appropri
ate one-ffth to the State school fund. Lost-ayes
&c, nays Al.
Mr.. MORGAN offered an amendment to permit
the running OF cars on Sunday. Lost-aves 49,
nays 34
Dr. Harding, the part of the friends of the
blli, offered the following a substitute for the
fifth or stock section of the bill:
alton shall consist of forty thousand shares of the par
value of fifty dollars per share whereof twenty thousand
shares shall be Distributed among the said Jonathan
BROCK John Ely. Lawrence Johnson, Conrad s. Grove
and Robert F. Taylor in proportion their several and
respective interests in the said ordinance be by them
ascertaned at the time of their acceptance of this
And the property Of the said Jonathan Brock John
Ely, Lawrence Johnson Conrad S. Grove and Robert
ay or hereby vested in the said corporation shall be
estimated as OF the value and be taken accented
the said corporation payment of 2 per share on the
capital stock of this said corporation assigned
| trlbuted 10 them.
And be 1t enacted, That within thirty days next after
the passage of this and acceptance thereof as is here
| in provided, the said Jonathan Brock John Elv Law
renee Johnson Conrad s. Grove and Robert TayIor mr.
the major part of them shall open books for snbscrn
tions for the remaining shares of the captal stock
OF the said coporaton at such time and place in
the city of Baltimore the said Commissioners shall
name ana appoint by advertisements printed in at
least two of the daily newspapers printed the city of
Baltimore for at least twenty days prior the time for
opening books as aforesaid that the said books shall be
kept open for at least four successive days from O'Clock
A. NJ to o'clock, p M.-and if there shall have been
subscribed more than 20 OOO shares the said Commission
ers or majority OF them shall deduct the fsom
the highest numbers which shall have been subscribed
number of 20, COO shares.
And be 1t enacted, That the of five dollars shall be
PAID on each share of capital stock subscribed as
aforesaid at the time of making the subscription
for and that further payment of $50 per share shall
be made to the said corporation within sixty days
| and allotment OF shares aforesaid.
and be enacted, That the corporation shall have
power from time to time to call in such further install
ments all the capital of the said corporation
but none other shall be found necessary to carry into
elect the purposes of their said instameuts to
De paid by the holders of the said capital stock at the
time and times at which such call shall be actually
made,-provided such further instalmeats with the
payments to be made by the transfer property and in
money as aforesaid shall exceed in the whole the
sum of $50 per share
And in the event of a failure by any stockholder
to pay any instaImcnt as aforesaid the capital
stock held by him shall at the election of the cor
poration be sold at the risk of the said stock
| holder
And be 1t enacted That if the number of 20 600 shares
of the capital stock shall not be subscribed at the time ap
pointed for opening books aid the said corpora
tions shall have power any time within six months
ons for the residue of said stock provided however
that the entire capital stock said corporation shall
not at any time exceed 40, COO shares.
The amendment was after much discussion.
finally adopted, nearly unanimously.
| Mr. BRIsCoE spoke at some length on the politi-
| cal bearing of the subject, and cautioned Demo
Gratis to be careful as to what they are doing
! They will be held TO a strict accountability bv
their constituents for the vote they NAV give on
this bill
Mr.. DENNIS replied to Mr.. Briseoe, denouncne
and ridiculing the attempt to make political aues-
tOn Of railway charter-of the confirmation of
grant given by the City Council of Baltimore
| Mr.. Brock was quiet and modest gentleman but
il seems he is to be dragged into the vortex of DO
! litics whether he will or no. Whv Mr. Speaker,
the political war cry in the State gentlemen would
desire us to believe, is in future to be Brock and
anti Brock. The Charleston Convention is to as
semble soon, and should not be surprised if ortho
doxy on the Brock question should be required as
political test, that it should form plank in the