The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-06

when the charter applied for and who claims that
no law granting such charter passed the Legislature IN
that year.
HISTORY or THE CHARTER.
party OF Maryland capitalists applied TO the Legs
lare OF that state IN 1850 for charter TOR the conso
dalton Coal Company The ball came before the Mary
land Senate the Sd day OF March, 1860 aud two days
later received the second and third readings and was
sent To the House oi Delegates This appears from The
journal OF the senate for 1850 The OF the House
OF Delegates shows that the 1th OF March the bill.
as sent from the Senate Was read for the rst tino De-
fore that branch OF the Legislature and referred 10 Inc
COMMITTEE on Corporations. u IS said that the Journal
OF the House contains further record whatever or
me pi what the Committee on Corporations ara with
IL nothing the records OF the House OF Delegates
shows The TACT that the House adjourned on the 10Th
IN great confusion, OWING tot very vigorous debate on
the Baltimore street railroads, may have had some
thing 10 do with this remarkable omission on The Jour
MAJ Of the House OF Delegates but u Is not at all propa
PIE that snch tho case The journal OF Inc House
down 10 the present lime has been carefully examined,
and u Is said that there Is official record whatever OF
the passage ofthe charter
The biil was signed by the Governor, Thomas H.
Hicks and Il appears tina, IT is also signed by W. XII
GORE the Secretary OF the Senate and NJ T. Kidd the
Chief Clerk OF the House. But Mr.. Kdd's signature.
u IS alleged was not signed by HIM. lie himself ex-
pressiy so states The signature is not hts. nor any
thing ike H. IL appears TO be written by the same
person that signed w. kgorcs name. and prominent
politicians say that the hand signed both names.
II is SAID by those familiar with the practice Of the
Maryland Legislature that Il Is the rule Tor bills OF the
Character OF the under consideration to be signed
by the speaker OF the senate and the Speaker OF the
House. Neither OF those officials name is signed 10
tue ~ also snii inat IL " contrary 10 all prac-
tIce and law that any other than the Clerk OF the
House should sign that geneman's name. A gentle
man well known in political circles IN Maryland, and
who was for some time speaker OF the House. says
that - Is necessary has been already stated that
the Speaker OF both Senate and House should sign
bill on ts passage in order 10 iegaize II.
This charter appears contain very unusual privi-
lcges Section states that payment for stock may nc
made in part whole either In land other property
Another section gives the right 10 locate, construct
aud maintain such railroads necessary for the
transaction OF the business Of the company and Tor this
lowed TO the Baltimore and Ohio railroad in their char
ter OF 1926 This gave the Consultation Coal Company
The right 10 charge one cent ton mile Tor toll and
three cents for transportation for freight
The following facts would 10 show that there
was something particularly irregular in the subsequent
proceedings III the Journal OF the senate II appears
that on the 10th OF March the bill returned 10 the
Senate yet n;thc laws for Maryland $780, chapter 265
Is IAN act 10 incorporate the Consolidation Coal Com
pany, passed March o. 1880 y
WILLIAM H. EvARrs' OPINION
When these facts became known reporter OF tho
HERALD went 10 see Mr. William n. Evarts tho SUBJ
ject, and the following conversation took place.
REroRrER-Mr. Evaris. the HERALD has beard that
great uncasncss n felt in the direction Of the Consol
daton Coal Company.
Mr.. EvAgrs-From what cause
REroarkR-on account OF the defect In It's charter
Mr. EvARrs--What Is itS
REPoRrxRIt Is stated that no legal nrtcr Is held
by tn compnny--
Mr. EvARrs-well we've paid taxes and State assess.
ments Tor sixteen years "A corporation.
REroRrgRTliat may be, but does that fact consti-
tutc you II corporation
Mr. EvARrs-Oh. that's nice legal question.
RgroRrKR-Thc story is. that the company have been
sending their agents 70 Maryland searching tho legs
laye records and that they have retained counsel by
payment OF IS. 00) fec
Mr. EvARrs (smng biandy)-our frm is the counsel
Of the company. ! am also a director and stock.
holder OF the company
REroRrER-0h Tncn sir
Mr. EyARrs-Theres nothing In the story.
TliE coMPAxy's VERSION.
Mr. Allan Campbell, Commissioner OF Public Works.
Is President Of the Consolidation Coal Company A
HERALD reporter waited on him yesterday regard 10
The difficulties with the Legislature OF the state OF
Maryland, and had frank anu full explanation.
"Ycs, we have IN prospect suit With the State OF
and every indication Is that the Attorney
General will commence proceedings, or has already
done 80, with view Of forcing the Consolidation Coal
Company into tho payment Of rates and penalties
greater than they have any right TO exact under the
the company Is briefly ihs:-wc received our certiu
cato in 1860 regularly, and there Is defect II what
ever as far as know we have paid and state
assessments properly, and have never hoard any
claim put forth by any that charter bogus
or improperly procured There good many bears in
Wall street Just now, and II sounds great deal like
their talk. But To rcsume Tho organizers Of the CON-
pany were such gentlemen as William II. Asplnwall,
and among our directors now we number William NJ.
Evarts, W. H. Nelson, sxPresident of the Stock Ex-
change, and others almost equally well known. We
held our regular monthly meeting today Al Office,
and nothing whatever was said about an imperfect
tho Chesapeake and Ohio canal which they part ally
owned, passed discriminating law against the Con-
solidaton company by which Il vas assumed the state
had the right regulate the rates should charge
III carrying coal. tod Senator Carroll. Governor
OF Maryland, that II most oppressive aud unjust;
In fact the only Granger law passed in the
East, and worse than those oi Wisconsin.
At the time the Consolidation Coal Company was
operating the Cumberland and Pennsylvania Railroad
about thirty four miles in length and controlled
majority of its stock, was President OF both corpo-
tons II Twas determined to sell the railroad with all
its rights. franchises and privileges to the coal com.
psny. This was done, aud the railroad operated
tircly under tho management OF tho former corpora
ilon In making contracts Tor serving tho other com.
panics with whom we did business we charged them
regular rates. and they paid these rates. aud still TO-
under protest, agreeing TO defend against any
State claim Thus the case now stands. We have
good defence, think, under the liberal provisions OF
QUE charter, which gives us the right to mino and
carry coal 10 buid buy lease Or operate railroads;
is in fine, OF the most liberal character We shall
claim not only that have never violated any Of our
charter provisions but have not charged rates up
HAL IL Ia.