440 - JOURNAL OF PROCEEDINGS [Mar. 6,

The bill entitled, a supplement to the Act of 1853, chapter
194, entitled, an Act to incorporate the Baltimore and Poto-
mac Railroad Company,

Being under consideration,

Mr. Bowie submitted the following amendment:

"Section 2. And be it enacted, That if the Baltimore and
Potomac Railroad Company shall have failed to construct the
main stem of said Road from the city of Baltimore to the Po-
tomac river according to the provisions of the charter, and to
have the said road constructed or laid its entire length, by
which failure the franchise and right to construct said lateral
road shall become forfeited to the State, it shall not be neces-
sary for the Governor to have legal proceedings by scire facias
Of information, in the nature of a quo warranto, but the Gov-
ernor shall appoint three trustees or commissioners, not inter-
ested in the said road, or its stock, or franchise, to enter upon
and examine the said main stem road, (having first given no-
tice to the President or some of the Directors of the Company)
and ascertain whether the said lateral road has become for -
feited according to the provision of this Act, and who shall in
a reasonable time, to be fixed by the Governor, make return
to the Executive of the State, and if the said report of
the trustees or commissioners, or a majority of them, shall de-
clare that the said main stem has not been completed accord-
ing to the requirements aforesaid, the Governor shall appoint
three trustees or commissioners, to take possession of the said
lateral branch road to the District of Columbia, and shall
hold the same, for the use of the State, until the next meeting
of the Legislature;"

Mr. Stirling moved to make said bill the order of the day
for to-morrow.
Mr. Stirling moved a call of the Senate,

The Sergeant-at-Arms was sent to inform the absent Sena-
tors that their attendance was required in the Senate Cham-
ber.

On motion by Mr. Stephenson,

All further proceedings under the call were dispensed with.
The question then recurred upon the adoption of the motion
of Mr. Stirling; and it was

Determined in the negative, by yeas and nays as follow:
AFFIRMATIVE.

Messrs. Billingslea, Davis, of Washington, Frazier, Holton, Maddox,

Philpot, Stirling, Vickers, Waters — 9,