Evening capital., 1904-12-23
sold 70 GOULD system.
C.&O.CANALPASSES BEYOND
STATE CONTROL.
Wabash Will Now Be Able to
Cross The State The First
of The Year.

After hearing arguments which
consumed the greater portion of yes
terday afternoon the Board of Public
Works sold to the Western Maryland
Railroad the States interest in the
@. & o. Canal The purchase price
is 1856, 600. The only other bid for
the property was made by J. II.
Wheelwright, for the Baltimore &
Ohio Railroad, the bid being for $l5l, :
000 The terms of the sale are as fol.
lows:
land it is expressly understood that
this assignment is made upon the con-
dition that the guarantee herein, on
or before the first day of December,
1905, cause or procure a resolution TO
be passed at a duly called meeting of
the stockholders of the Chesapeake Il
Ohio Canal Company lif the stock
hereby assigned to him is sufficient to
enable him TO pass the law reading
thus: Be Ii resolved by the stock.
holders of the Chesapeake & Ohio
Canal Company, that the General AS
sembly of Maryland be and hereby is
requested TO amend the charter of the
company by enacting that if the COM
pany shall at any time build, operate
son or number of persons, or to any
body corporate or maintain any rail
road or railroad tracks upon the prop
erty of the company. then any and all
exemptions from taxation now held
and enjoyed by the company shall be
surrendered and forfeited to the State
of Maryland It being understood,
however, that the purchase or acqui-
kxrs Aa.s.. not ION. kwsk kta
tern Maryland Railroad Company of
the rights of way and other easements
authorized to be- acquired by the
Western Maryland Railroad Company
by Chapter SO of the Acts of 1904 shall
not be construed as grant of the
right to build, operate andssmaintain a
railroad on the property OF the Chesa-
peake q Ohio Canal Company within
the meaning of this resolution.
"And the Chesapeake q Ohio Canal
Company hereby gives its irrevocable
assent to the passage of an amend
ment of its charter to the above effect
by the General Assembly of Maryland.
And the Chesapeake a. Ohio Canal
Company hereby directs the presiding
officer OF this meeting of its stockhol-
ders within 30 days from this date a
copy Of this resolution, certified under
the seal of the chesapeake & Ohio
Canal Company, to the Governor OF
Maryland. "
And it is further condition of this
assignment that Mr. Landstreet shall
on or before the first day of january,
1906, cause a copy of said resolution,
duly authenticated by the seal of the
said Chesapeake q Ohio Canal Com
pany, and attested by the signature of
the presiding officer of the aforesaid
meeting of stockholders of the Chesa-
peake a. Ohio Canal Company, to be
delivered to the then Governor of
Maryland at his office in Annapolis.
If Mr.. Landstreet shall fail to comply
with both of the above-named condi-
tions by the time herein specified,
then this assignment shall be void.
Ii is expressly agreed, however, that
if the said Landstreet shall be hinder
ed, prevented or delayed in causing
the passage by the meeting of the
stockholders of the Chesapeake e.
Ohio Canal Company of the above
mentioned resolution by an injunc-
tion, that then, if the said Landstreet
shall, in good faith and with ordinary
diligence, resist the petition or suit
in or upon which the said injunction
or other restraining or hindering order
was passed, and shall prosecute said
petition or suit to the court of last re-
sort, the said Landstreet shall have an
extension of six months from the date
of the final dissolution of said injunc.
tion, or from the date of the final de-
cision of such other order restraining
the passage of said resolution by the
said stockholders meeting of the
Company in which to cause or procure
the passage of the aforesaid resolu-
ton, and the said Landstreet shall
have a further extension of one month
within which to have an authenticated
copy of said resolution presented to
the then Governor of Maryland. as
heIeinbefore required. But shouldRany
such litigation result in a final judg.
ment in q court of last resort prevent
ing the passage of said resolution, the
said condition of said transfer of the
said states interest TO said Landstreet
shall be regarded as abandoned.