Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-02-21

writ Oi ytlD ,rdrrdJ.ip, or other Judicial
procedure, would be the proper
course to pursue. Id Ne passed a
bill recognizing the eXisteH'v 60!
the charter, il might be -
strued to be awaiyer Of the for,
No bin has been proposed, eiths
Senator from Tyler, the Nru
TAYLOR. or myself, which q
this senate thought wI-'' O.
are. therefore, nuw lr.t
rcmr,iy than that pruP
luton. There rau l.r
tunity % test tins
present. hal hq
in lis wisdom, 81
my substite ior
that the question
people ii TIN, ~tdN
and Ohio Railroad
come up ina another Wdy.
people might know What rights
10 them under tho charter Eut u, -
substitute and all other propu-,t.un-
looking to the same end have allc.l-
ann in favor Ol this resolution.
Let the question De- settled du,
the people know ii they have any
rights which the Baltimore ami Ohil
Railroad Company, under IT. charter,
is bound tO respect We want Ia know
ii the charter can be- violated without
working u forfeiture, and II this CuTp"-
ration, despite its charter, can carry on
It's business a. il pleaSes. This l. the
only way in which We can 10 this; AMI
hope this resolution will be adopted
at once.
NR. DENNIS,
though disclaiming any intention 10 Ia
yurur oppose the step proposed vet n
reality made a., eloquent amt powerful
au appeal ior Justice, or at least l"r
thorough consideration, a. has been
made 10y any speaker upon amy subject
under discussion at the present session
of the senate.
tie said. substantially: II has
hrcu vlaimcl, amt have uo
doubt It Is true, that when a
charter ITSELF prrscrihcS q penalty
ipr the violation Ol II, own provisions,
neither the Legislature nor Jhc courts
have power u prescribe different
penalty This Baltimore AMI ohio
railroad company charter prescribe, a
PccuuIary penalty, and makes no pro
vision Tor forfeiture. This is claimed
hy those whooppuSe this resolution. IL
10 bee true, and | have uo doubt It Is true.
can thi, Legislature ur amy court iiN Il
greater punishment He illustrated this
position by reference To- other corpora
tluu-, and by Hypothetical cI,cs ,und con-
tinurI. The Baltimore and Ohio Com
pluy, reasoning in thi, way, say thcN
have not violated their charter 50 a. To-
work forfeiture. Admitting that
they have violated some ui IT,,
provisions they claim that they
we're forced to it BY the cXigencira ct
trade, and they allrgu that they have by
~p doing only incurred the pains amt
penalties laid down in the instrument
itself Ii this he So, what can hc the
good pi the joint resolution
But there Is another WAY To- luuH at IT,.
This resolution will mjurc the credit ui
the company Ii is an absolute nryro-
sity that ~ gigantiCa corporation sh"ut
effect frequent large loans. Will YOU
pass this rrsOlutIouand seriously mIUrv,
ii not entirely destroy the cvcdI, "i the
company both IN this country auU
Europe, and Vet accomplish no g"ud Ior
the people Ut the state | ask YOU,
Senators, tu exercise great care. HW
told that the Baltimore AMI ohio ruJJ is
nov seeking tu negotiate large loans.
They already have outstanding Iu this
country and IN Europe hrLc amount
uihuud~ The moment a Cablv-taIu goes
across the water saying that the lcsiS
hturc ui this great state ut West \lr-
giuia has taken steps tudeprINc the ruW-
panv ui its charter, 1t viii inspire
rvrry bondholicr with trrPJdatIuu ami
alarm. 10 would have been lar better
iur the company tu have accepted the
hiIl introduced hy thc senator ,rnu
Tylrr. That would not have affected
their credit but only involved them
m tedious aud costly ltI.t-
tiun. hat this proposition, Ii
surrrsS~tul. will deprive the
company ui Its charter. lu.~ pro-
position. whether surCe-~iul co. not, Viii
cripple, Il Il does NOT bankrupt, thr
Baltimore and Ohio Railroad Company
it will reduce their bonds -, 80, 10 "r
5Opyr cent. in the markets ID tins Is
tu hr the practical result | Implurr yuu,
Senators. not L. act pTyClPltatvN, ur
without due consideration Why this
hot haStya call upon v"U O" pause
aud reflect before Nuu lightly say the
WprI that will cripple "r destroy the
corporation whose ROAD reaches Iy'W
GaltmorrtnC nChiraguaud whose branches
reach out into seven states. W ua'
man. Mr President, will invest u Ull
ruaI enterprises Iu NuUr state. when u
80 much needs uat,ruad enterprises I,
lv,rIDpr AMI make available the incNr,t
ur treasures ut yuuU mountains. We
MAY .u thi, haStrAt the hiiiiU- ut au uu.
thinking and unmvaums CJWur, hr,as
down thi, Comuduy. and uuhirt upon
the people Of the state serious injury
lu iuiur, that Il will take many yru'
O. uvvat,.
1VpGE HEuNN
mi IN - Tar frtul WltUftUlN FTlFIIII1