1870.] OF THE SENATE. 485after the 3d of January, 1870, instead of immediately as the
resolutions provided. In the meantime, Mr. John S. Gittings and the Chesapeake
Bank, taking advantage of this delay, applied for and obtained
from the Circuit Court of Baltimore city an injunction to pre-
vent the further payment of the moneys appropriated by the
resolution of the Board, upon the alleged ground that such ap-
propriation was not in strict conformity with the legal and
equitable priorities of the Bondholders. Under these circumstances the Company employed Counsel,
Messrs. Marshall and Carter, and have acted since entirely by the
advice contained in their opinion, a copy of which (being
paper No. 11) is herewith submitted. The Board take pleasure in calling special attention to the
prompt and satisfactory action of the Board of Public Works
of Virginia, in the passage of their resolution of the 4th of
January. This resolution and the agreement made in pursuance of it
relieve the Company from all possible embarrassment by reason
of the payment to Virginia, inasmuch as they authorize such
payment to be applied to whatever account the Court of
Appeals in the pending case of Virginia vs. the Company and
others may decide to be proper. From this brief statement and the accompanying papers the
Stockholders will have no difficulty, it is hoped, in fully un-
derstanding the whole subject covered by this resolution.
By order of the Board, J. H. GORDON,
Pres't Chesapeake and Ohio Canal Co.
Which was read. On motion by Mr. Clarke, The communication and accompanying papers were re-
ferred to the Special Committee to investigate the charges
against Senator Spates.
[See Document Z.] The Senate bill entitled an Act to amend Article 81, of the
Code of Public General Laws, entitled "Revenue and Taxes"
by adding sub-sections five and six, to section 34, of Article
81, and relating to the appointment of collectors and collec-
tion of taxes.
Being upon the second reading,
Mr. Earle submitted the following amendment :
Sec. 7. And be it enacted, That all laws inconsistent with.
this Act, be and the same are hereby repealed. Sec. 8. And be it enacted, That Washington and Alle-
gany counties are hereby exempted from the operations of
this law.
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