Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-03-17
MINE LEGISLATURE.
senate.
WEDNESDAY, Mar. l6.


Papers from the House disposed al III con-
turrencesa "a
Bill al act to cortiAde In force an act to
establish schools N Madawaska territory was
laid on the table on motion of MIR. BufFuM'
and FRIDAY next assigned for its further con
,sideraticri.
On motion of Mr.. HOLLAND, the vote indct-
nitelv postponng the bill authorizing the city
g. OF Portland to aid in the construction OF the
Portland and Rutland Railroad, was recon
sidcrcd, and on motion of the same Senator II
was laid on the table,
Mr. CCsuING. from the Committee on haii-
roads, WAYS and Bridges, reported BIZ an
~ act to incorporate the Bangor ami AroestooK
Railroad Company. Subsequently on motion
of Mr.. Collins the bill received its second
reading and passed to be ongrossed.
On melton of Mr.. LANE. bill an act relating
to amending sec. 81 chap. so of the Revised
Statutes, relating to shcriffs, was laid on the
table and ordered 10 he printed under a sus-
pension of the rules.
On melton of Mr.. MAYO. bill an act in adj
tlition to an act to incorporate the Howard
Slate Company, was taken from the table and
passed to be cugrossed
On motion of Mr.. Lang. bill an act to au-
thorize the extension OF the Somerset Kali
road was taken from the table, and he moved
that il be referred to the Legislature
ferred, as it is necessary that the road be cx-
tended.
Mr.. Cushing said the bill was reported
unanimously by the committee. Is party
to no trade with any party in regard to con-
solidation or the Somerset road. 1t has moth
ing to do with consolidation.
Mr.. HOLLAND hoped the bill will pass.
Nh LANG said it was agreed HAT the SOM
erset matter should lie quiet and no move
ment should be made after the consolidation
matter was agreed upon.
Mr. CusuInG is not bound by any action of
parties outside of this Legislature, but is in
favor Of deciding the question upon its merits
Mr.. WEBB said il the road is required it
will be built. The building of the road has
nothing to do with agreements of the Presi-
dents of any railroads. Hopes the bill will
not be referred.
Mr. LANG further spoke in favor of refer
ring ard Mr.. HOLLAND in favor Of the bills
Mr.. FREycn understood that the Somerset
railroad rlatt,er was to remain upon the
table, and if the railroad war is to be opened
up again he is ready for the contest.
Mr.. WEBB said if this was in the interest OF
the Portland 4 Kepnebcc railroad we should
have no opposition from Kennebcc. Regards
the motion as illtned and extraordinary in
the absence Of his colleague, Mr.. Lindsey.
Mr.. LANE hoped the matter would he al
lowed to rest.
On motion of Mr.. LANG, the question was
taken by yeas and nays, with the following
result:
1EAs-Messrs. Buffum, Collins, Gushing,
French, Fuller, Gray. Hanson, Kingsbury,
Lane, Lang. Mayo, Minot, Metcalf, Morse
Neailey, Reed, Rolfe-l7.
NAYs-Messrs. Bartlett, Bolster, Carvill,
Clcaves, Gibbs, Holland Talbot, Webb-S.
So the bill was referred to the next Legis-
lature.
On motion of Mr.. BurruM, bill an act to
incorporate the Ship Pond Steam Navigation
Company, was taken from the table, amended
and passed to be engrossed.
On motion of Mr.. REID, an act to regulate
the bay and river fisheries was taken from
the table The same senator offered several
minor amendments.
Mr. LANG opposed the bill. Does not
think it right that parties should be obliged to
construct fishways over all the dams i'll the
State.
Mr.. REED spoke in favor of the amend
ments to the bill Dam owners wish to get
rid of their obligations-they are thus opposed
to the fish interest of the State. The ques-
ton is now as to the manner in which the
provisions are to be carried out. The orlgi-
nal bill was intended indirectly to delay and
weary ont the fish commissioner If the COM
missioner transcends his authority his acts
are valueless. The courts will decide the
matter. There has never been any complaint
except from the Kennebec river. There has
been no fshway yet constructed in the Ken
ncbec dam notwithstanding our laws say
there shall be. The fish interest is of as much
account as the manufacturing interest of the
State. Oar fish laws are transcript OF those |
of Massachusetts, which is studded with man |
ufactories. In neither this State or Massa |
chusetts are the States to pay the cost of
these fshways, but the expense must come |
out of the owners of the dams The whole |
gist of the matter is, the owners of the Ken
nebec dam do not want to pay out $1,000 or
so for constructing a fishway in their dam.
Mr.. LANG says that at least $40, 900 will be
required to construct tishway in the kcnne
bee dam.
Mr.. NEALLEY says the Law is better as it is.
Our manufacturing interests are of more value
than our fish interests. The fish commits
sioner may place fishway just where he sees
fit in dam much TO the injury of the water
power. The County Commissioners are bet
ter able to decide the matter than one State
Commissioner.
Mr.. REED continued in explanation. These
fishways have been checrtully built in all
other sections of the State. The fish interest
OF Maine is matter of great Importance, RI
valliug the manufacturing interests and one
should not strangle the other.
Mr.. LANG objects to placing the power in
the hands Of one man to say how, when and
where the fishways shall be constructed.
The question occurred upon the adoption of
Mr.. REEDS amendments, amendment "a"
was lost. and amendments ''B." SC" SD,
and ''E were adopted.
Mr.. REED moved an indefinite postpone
inent of the bill. Is willing to take the re-
sponsibity of the motion.
Mr.. LANG hoped it would not be postponed,
Mr.. CUSHING said from time imInemorial
the rivers of the State have been free fisheries.
Manufacturers build dams and obtruct these
fisheries. The law compels the companies to
build fishwlys in their dams 1t is as easy to
create fislways without injury to the dam as
it is to build a mill upon it. The bill strikes
at the foundation of the fishing interests of the
State Shall vote for indefinite postponement.
Mr.. NEALLEY spoke further in favor of the
bill.
Mr.. REED, presented an amendment pend
ing the adoption of which the bill was tabled.
Mr.. LANE, laid upon the table bill an act
relating to amendment of chap. l0l of laws of