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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 445   View pdf image (33K)
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in which the State has the legal power to appoint di-
rectors, which said directors shall represent the State in
all meetings of the stockholders of every railroad or
canal company, (other than the Chesapeake and Ohio
Canal Company) in which the State is a stockholder. "
Mr. Syester said the necessity for the amendment grew
out of the ambiguity of language in the section as re-
ported by the committee, and which was an exact tran-
script from the constitution of 1864, out of which has
grown so much diversity of opinion and so many different
constructions. Difficulties have arisen and a great con-
flict of opinion has prevailed throughout the State as to
the duties of the board of public works towards the Ches-
apeake and Ohio Canal. It is confounding all just and
proper distinctions to let the matter rest as in 1864, and
he therefore proposed this amendment. The section as
reported confers powers upon the directors which are not
granted in the charter of the Canal Company. The rela-
tions of the State to the Baltimore and Ohio Railroad are
entirely different, and to obviate the conflict of opinion
as to the canal, he hoped the amendment would receive
favorable consideration.
Mr. Horsey, of Frederick, said the committee had not
been unmindful of the difficulty urged by the gentleman
from Washington, (Mr. Syester, ) and had therefore re-
ported section 3, which relieved section 2 from all the
difficulties spoken of by the gentleman, and the amend-
ment was entirely unnecessary.
Mr. Syester said the third section gave the control of
the canal into the hands of the preferred bondholders. A
profound interest had been excited in certain quarters on
this subject. There were but two contingencies provided
where the vote of the State shall be cast, and if this mat-
ter was ever brought up before the Legislature it might
be assumed that the constitution only provided for the
two contingences mentioned, and weak minds might
cower under it. To make the matter perfectly clear the
amendment should be adopted.
Mr. McKaig moved to pass over the second section in-
formally, which was agreed to.
Section 3 was read, which provides that unless the
General Assembly of this State shall otherwise direct by
445


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 445   View pdf image (33K)
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