The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-02-15
THE CAPITAL.

Especial Dispatch by International Line.l
THE OPINION OF THE JUSTICES OF THE sU-
IRENE JUDICIAL COURT.
AUGUSTA, Feb lathe opinion of the JUS
tices of the Supreme Judicial Court on the
questions propounded by the House Of
Representatives as to The consttutionality
of authorizing towns to loan credit to
private manufacturing enterprises or to
enterprises run by the town, have been
received and will be printed. These opin-
ions are quite long and cover the whole
ground. The opinion is drawn by Chief JUS
tce Appleton who is decidedly opposed to any
such policy, as a subversion OF right in proper
ty, and will te nd to scatter rather than in
crease industry. 1t is mere plumber. Indus
try and trade are best aided by being left to
fair competition without restrictions of law. In
this opinion Judges Walton and Danforth con-
cur. Judges Cutting assepts to the opinion
above but takes occasion to add that he thinks
that the House expects something more, to de-
eide questions touching past as we'll as further
enactments, which would practically give an
e1 pd1te decision where millions are invested
in the absence of interested parties. In
answer to the inquiries as applying to present
laws he says that he shall consider them to be
of public advantage and constitutional until an
aggrieved party in court shows to the contra
ry. Judges Kent and Tapley take occasion to
say in sheet added to the Chief Justices opin-
ion: Regarding the gus stions submitted to US,
Can the Legislature authorize towns by gifts
of money or loan of bonds to aid private enter
nriSec in mr. wis wit he
use or exigencies we answer in the negative"
Judge Barrows submitted separate opinion,
but be arrives at the same conclusions as the
Chief Justice Judge Tapley also prepared a
separate opinion which is perhaps larger than
any other The closing paragraph has been
given above in part. In his full opinion this
last sentence is looked upon as significant
"1f however, it, the question, relates to public
uses and necessities connected with private,
answer, there may be cases when such aid may
be legitmately authorized" Judge Dickerson
submits a separate opinion somewhat differ.
ent, but arriving at the same conclusions res
pec:ing the questions proposed.
THE RAILROAD COMMITTEE
and the Judiciary Committee voted this after
noon to report finally tomorrow. The former
has had the largest and most important dock
ct ever presented. The Judiciary had It's en-
tries on its docket and by unusual industry,
with a quorum every day, has cleared its board
One Of its last acts was to report finally upon
Senator Dudley's bill to require the E.. & N.
A. Railway Company to take certain steps to-
ward settling the wild lands.
TIE REPRESENTATIVES, DISTRICTS OF YORK
-~ COUNTY
were made up as follows: Limerick and Bux-
ton, WATERFORD and Lyman, Hollis and Linn
ingtou, Dayton and Kenebunkport; the bal
ance of the count as before.
YORK COUNTY JAIL.
The York county delegation tonight voted,
II to 8, to submit to the people of the county
che project of building Jail in Alfred at cost
not exceeding $35, COO.
The Committee on immigration held meet
ing in the hall of the House tonight.
1t is not possible for the Legislature to ad.
journ Saturday. The committee have nearly
all completed their business, bnt the table is
loaded with large number Of matters, which if
not important will cause debate and DELAY,
These are also the most important means of
the session