The Portland daily press., 1871-02-24

Hor'snnd, Rutland, Oswego and Chicago
Railroad.
IN a .ns no9se OF Represent llives Feb 21st the TN
an act 10 locate ths pnrtlanc KntlqnJ % ", 90
Sai Nfaso MI ito.''' ing under consider ton.
Col. Frederick Robe OF Gol1al sajI:
Mr.. SPEAKER time for loca,inq ,ba
Portland & Rutland Railroad, accordi5, to
the provisions oil its charter, expiled Dec AIR
lSNO. Tue directors OF that Cooperation early
in tie session presented a petition with an ac-
companying bill, askin. tor an extension of
time for locating the above named road.-
This was emineilly proper, aud ought not to
meet with aEy opposition; but it appears in
evidence before your railroad committee that
an attempt had been made 10 so far over
reach the intention OF the origlual charter,
which the Legislature OF 1868 in good faith
granted, as to seriously affect tue rights and
privileges OF other corporations, ,and an attempt
mas thereby been made to infiict serious
olow upon the credit and commercial prosper
iIy OF The city oil Portland. In other words,
,ue ortiand e Rochester Railroad Company
naVe itauduently claimed and have even es-
taohsned point Of fdeparture tor the West in
sue VI tne iitnits OF the city of Portland-a
claim without foundation, slarinolv wrono.
and unprecedented in our State. No satistoc,
loty reason hoe been casigned, other than n
poor apology, based upon an unwarIanlable
construction OF language which was applied TO
single sentence III the original charter.
which sentence, however. legally, strictly and
honestly confined the point OF departure of
the Portland Dc Rutland Railroad inU west
erly direction to some point on railroad al.
ready constructed. or in process OF construc-
tion-in either case, west of the Saco river, or
nOith of the town OF Standish. 1t so happeps.
Mr.. Spe aker, that two members vi the present
railroad committee, Hon. Daniel Holland,
Chairman on the part OF the Senate and MYSELF
were also members of the railroad committee
three years ae0,when the charter of the Port
land and Rutland railroad was granted. The
question OF granting this charter came up at
the beel OF the session, only few days be ORC
the final adjournment L then had the honor
TO be chairman of the.railroaG committee on
the part of the Senate, and the bearing was
held in my room. We distinctly recollect
that the parties who were directly interested
and associated together during the incipieucy
OF the Portland & Rutland enterprise, nearly
all residing in the city of Portland, were head,
heart and soul committed to the interests and
prosperity of either the Portland & Rochester
railroad. or the Portland &c Ogdensburg rail.
road companies. They thought OF nothing
else in railroad matters, and the interests or
these two corporations were lar above every
other consideration. L will here mention the
names OF the principal corporators OF this
company, that the House may judge whether
such men would not most Likely understand
what they wanted and what they did not
want-to wit: Hon. John Il. Brown leads
the list, model OF a man for enterprise. The
State, and the city OF Portland owe hin a
debt which cannot be easily repaid. Thea
follows john B. Carroll, A. w. II. Clapp, Will
liam Deering, Samuel j. Anderson, John
Lynch, Ii. j. Libby, Horatio N. Jose, +. G.
Messer. A. X. ShurtleH, Rufus L. Wood, Au-
gustus E. Stevens, Israel Washbuin, Jr, Fred
nrtp n0I.s Yrn -
strong and earnest friends OF either the Port
land & Rochester or the Port and and Og-
densburg Railroad companies, and nearly ALI
are represented in the direction of either one
or the other OF the above named corporations.
1t would have indeed been very strange if
these gentlemen had not looked scrupulously
after the interests committed to their care, 1t
least to an extent not 20 aid in the charter OF
purpose might be so construed
as to establish parallel line to compete with
tneir corporations for business extending
many miles in and out OF the city of Portland.
This would be as strange as it is wrong TO
cheat such men, and thereby injure seriously
their interests. According 10 the recollection
OF Mr.. Holland and myself, the bearing of the
Portland & Rutland railroad upon the other
railroad enterprises leading out of the city Of
Portland, was discussed in committee. and it
was then and there agreed to The satisfaction
Portland & Rutland railroad that the starting
point of this corpol alton should only be from
some point on railroad "west OF the Saco
river, and north OF The town of Standish."
The original bill, drafted by Mr.. Poor, did not
contain this important and vital amendment,
which was afterwards appended. l hold in
my hand the original papers and the accom-
paying bill, which gave birth to .he charter
OF the Portland & Rutland Railroad Compa.
ny. call your attention to This significant
TACT, that the two lines of the bill which made
the city OF Portland the terminus of the
Portland & Rutland Railroad, were stricken
out from the original draft, and this qualif, ing
sentence was substituted, thereby limiting the
Lerniuus OF said road to a point on some
road "west of the Saco river, and north OF the
town of Slandisn." The amendment is in
the hand writing OF the Hon. William Deer
ing of Portland, who testified before your
committee that it was so understood by him,
and that all parties agreed to it, II was
perpetual seal on any attempt on the part OF
the Portland &c Rutland Railroad to Start
from any poini on any Railroad east Of The
iSacO rirer or south If the t0ga Of StdHdish.
When this charter OF the Portland &c Rut-
land Railroad Company was granted. .hefe
were two classes OF roads 10 be considered-
to wit: ,he existing lines and those that were
hereafter 10 be constructed. The fiIst-class
of rIads which afforded opportunity for The
Portland tG Rutland Railroad to start from,
according 10 the condition OF its CHARTER,
were the Portland dS Roches ter, and Il Port
land, Saco q Portsmouth Railroads, avsi,able
points west oil The Saco river, and the Grand
Trunk norh of the town OF Standish. Either
afforded good opportunity. Tue particular
line of road referred to in the charter, as ex-
pressed in The sentence, under any existing
charter" was the Portland & Osdensburs
Railroad, and it was intended that this load
should .nly be disturbed at pcmt north Of
| the town OF Slandish. wherever this roai
| should be located. With this explanation, l
| now read the section OF tue charter which so
| explicitly defines the limit or starring point
| OF the Portland & Rutland Rairoad--to' wit:
| ''Said corporation is hereby authorized TO To-
cate from some point upon the line OF any
existing railroad in the counties OF York, Ok
| ford and Cumberland or upon any line that
may be hereaitac constructed, under any ex-
is:ing charter, within the counties of York,
Oxiord and Cumberland, at some point west
| of the Saco river, or north o. the town of
| Standish, thence extending westerly" The
| punctuation and grammatical construction OF
| the sentence, forces US to take the last sen
4 tence as qualityIng both 'tbe constructed and
1 uneonstructed roads," Councillor william
| Deeriug of Portland, testified before The COM
! mittee that this was so conceived ard under
| stood by himself, Hon. John b. Brown, and
| Hon. John A. Poor. They were committee
| appointed to draft this section OF the charter.
| n ,-as adopted with the same understanding
| on the ,,art OF all interested parties. Senator
Holland ana myself recoilect distinctly that
| this was the understanding. 1t %as t1e con-
struction that the eoli;nittee of the L., sa-
ture put upon it, and both branches thus en-
dorsed it, and it received the Official sigma
ture OF the Governor. The city of Portland,
| the Portland & Rochester and Portland @
| Og1ensburg ralroad corporations have never
| supposed Tor a moment that there was a Sc
| cret enemy concealed in any section of the
| Portland & Rutland charter. You can we'll
| imagine our surprise when we were informed
| by Hon. John A. Poor, President OF the load,
| that be claimed the right under his charter 10
| enter the city OF Portland-a piece of arro-
gance unprecedented in tie history Of rail-
| road charters and honest dealing.
BY the unanimous consent OF the railroad
| committee of this Lesislat,lre, am allowed
to present au act printed House bill, Mo-
/ and ask its favorable consideration. The
i Portland & Rutland railroad ask Tor an ex-
| tension OF time for locating their road. 1t is
/ incumbent upon this Legislature 10 revive
/ the original location, or Otherwise, as 1t may
i consider best. Tue course tina; has been pur-
/ sued is as repugnant to all sense OF Justice
/ and bupor. in violation of all rules OF lair
| dealing. that these virtues can only be yindi
| Gated by abrogating the charter entirely. But.
| the city OF Portland, which was represanted
| before the railroad committee bv his Honor
Mayor kingsoury, whe spoke most earnestly
against this assumption OF power on the part
| OF the Rutland railroad company in it's
wrong endeayors to uush ifs III, a INTO tba citv