Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-01-25
MAINE LEGISLATURE.
Senate.
'TuEsDAT, Jan. "a


Records read and approved.
Papers from the House disposed of in con.
currence.
On motion of Mr.. VosE, the following
House order was amended by inserting after
the word ''writs," the words complaints anc
warrants" and as amended it passed.
ORDERED, That the Committee on the Ju-
dietary be directed to inquire into the expedi-
ency Of authorizing the Clerk of Courts tc
furnish all Trial Justices in their respective
counties, blank writs and mitimuseS.
Read and assigned-An act to incorporate
the Old Orchard Railroad Company; ar
act to extend the time for the Line Rock
Bank to accept the provisions of an act tc
renew the charter of certain banks; an act to
authorize Zenas +. Yates, Joseph +. Wood
bury and their associates to extend wharf
into the tide waters of Muscongus harbor; ar
act to prevent the throwing of edgings and
refuse lumber into the waters of Violet Book
in Van Buren, Plantation; an act to authorize
the County Treasurer of Cumberland county
to pay the Judge and Register of said county,
certain sums of money; an act to incorporate
the Penobscot County Poultry Society; an act
to incorporate the Madagascar Dam company.
On motion of Mr.. VosE, the order calling
for the opinions of Justices of Supreme Ju-
dicial Court upon the constitutionality OF
towns aiding manufacturing corporations was
taken from the table.
Mr.. FOSTER thought it would not be well to
refer to the Justices. They would not have
time during this session to look into and an
swer the question properly. 1t is late day
to ask this question. 1t has been fully dis
cussed before in 1867. 1t seems to be a blow
aimed at some towns which have come up
here and asked to be allowed to aid in manu-
features in their own towns. Each case
should be decided on its own merits.
Mr.. FULLER hoped the order would not pass
1t is the same principle as in regard to allow
ing towns to give aid for railroads which has
been decided to be constitutional.
Mr.. VosE referred to cases where towns
have asked for right to aid in assisting man
ufactures, and if it is constitutional he was
certainly willing to vote for it. He un-
derstands the objections in both branches to
be based entirely upon the question of consti-
nationality. 1t is not necessary that the
opinion of he Judges be given to this legis-
lature; it may be given afterwards. We shall
then know whether or not we have right to
pass such acts.
Mr.. WEBER thinks the order entirely I'M
called for and hoped it would not pass Is OPP
posed to general law for towns loaning their
credit, but meritorious cases should be aided.
Referred to the case of Pittsfeld which has
loaned its credit TO the amount of SIS, 600,
a million dollars. There are other powers
there waiting to be improved, and parties out
of the State are waiting for the town to move
before they invest their capital.
Mr.. NEALLEY is opposed to the order. He
sees no difference between a manufacturing
company and railroad Doubts the right of
towns to vote aid either. If it is constitution
al for one it is for the other. We have done
much to open up and advertise the water pow
er in our State and we need to encourage the
manufacturers. His chief objection to the
order is, we have no time for it.
Mr.. NORRIS suggested that the order be
amended by saying that if the Judges were
not able to report to the legislature, they
SHOULD report to the Governor and Council.
Mr.. VosE said subsequent order could be
introduced at the close of the session, if nee
essary, covering that ground.
Mr.. HOLLAND supposed the question was
fully decided in 1867, when the Augusta mat
ter came up and that the constitutonality of
the question was settled. Shall we refuse
one town what We grant to another?
Mr.. LANE thinks this matter of great i'm
portance. Whether or not the question is
constitutional, is not known throughout the
State. Difficulties will always arise in all those
corporations and it all hinges upon whether
they are acting constitutionally. Is in favor
of giving the order passage. Loaning credit
to manufactures is not the same as loaning
credit to build railways. This matter has
been decided in our own and other States.
Doubts the propriety OF granting this power to
towns till the legislature is sure it has the au-
tho:ity to do so and hopes we may have the
opinion of the Judges.
Mr.. CLEAyEs thought the question of con-
stitutionslity lie presented for the purpose of
killing out the movements of towns towards
loaning aid to manufactures. 1t has been the
practice for years to allow towns to aid manu-
factories and railroads, and this question should
have been asked years ago, If we pass this
order, questions of the same kind will come
up hereafter whenever an act of this kind is
asked for.
The question was further discussed by
Messrs. LANE, VosE, NEALLEY, WEBER,
and FOSTER.
On motion of Mr. CARvILL, the question of
giving the order passage, was taken by yeas
and nays, with the following result:
YEAs-Messrs. Bartlett, Dudley, Lane,
Morris, Perley, Role, Sp,art, Torrey, Vose,
3.
NAYs-Messrs. Buffum, Caryll, Cleayes,
Foster French of Franklin French of Som
erset, Fuller, Gray, Kinks, Holland Mayo,
Minot, Nealley, Nickels, Sparkling Weber
-I6. Absent Messrs Hayford, Hobson, Rob-
erts, Sawyer, Smith of Knox, Smith of Lin
coin.
So the order was refused passage.
Mr.. Spaulding from Committee on Legal
Reform, reported leave to withdraw on petit
ton of L. III Hill, ct ais, for an act of incor-
poration of the Lewiston School for Medical
Instruction
On motion of Mr.. CAEyILL,
ORDERED, The House concurring. that
1900 copies of the the report of the Insurance
Commissioner, be printed.
Passed TO be eagrossed-An act to incorpor-
ate the Penobscot and Lake Megantic railway
company; an act granting furthur time for
the Bangor and Piscataquis railroad company
to finish its road an act to incorporate the
Peaks Island steamboat company; an act to
incorporate the Passadumkeag railroad COM
pany; an act additional to an act incorporat-
ing the Calais Railroad Company; an act to
amend the charter of the National Insurance
Company at Bangor; an act to confirm the
doings Of the Maine Missionary Society. and TO
incorporate said Society; an act to authorize
J. ID. Swanton and VIM. Godfrey to construct
a fish weir in Stovers Cove in Millbridge; an
act IN autharize yobn anl H;ra,, la...-t