Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1871-02-23
Portland. Rutland, OswegO and Chicago
Railroad.

Railroad.
In the House of Representatives Feb. 2lst the bill
ian act to locate the Portland, Rutland, Oswego
and Chicago Railroad" being under consideration.
Col. Frederick ROBBIE of Gorham said
Mr.. SrRAKER: The time for locating the
Portland & Rutland Railroad, according to
the provisions of its charter, expired Dec.
31st,. 1870. The directors Of that corporation
early in the session presented petition with
an accompanying bill, asking for an extension
of time for locating the above named road
This was eminently proper, and ought not to
meet with any opposition; but it appeared in
evidence before your railroad committee that
an attempt had been made to so far overreach
the intention of the original charter, which
the Legislature of 1868 in good faith granted,
as to seriously affect the rights and privileges
OF other corporations, and an attempt has
thereby been made to intlct serious blow
upon the credit and commercial prosperity of
the city Of Portland. In other words, the
Portland 4 Rutland Railroad Company have
fraudulently claimed and have even estab-
lished point of departure for the West inside
Of the limits of the city of PortlaBd-a claim
without foundation, glaringly wrong, and un-
precedented in our State. No satisfactory
reason has been assigned, other than poor
apology, based upon an unwarrantable con-
struction Of language which was applied to a
single sentence in the original charter which
sentence, however, legally, strictly and hon.
estly confined the point of departure of the
Portland & Rutland Railroad in westerly d.
rection to some point on q railroad already
constructed, or in process of construction-in
either case, west of the Saco river, or north of
the town of Standish. Itso happens, Mr.. Speak
er, that two members of the present railroad
committee, Hon. Daniel Holland, chairman on
<1,av 81, -,
members of the railroad committee three years
ago, when the charter of the Portland & Rut-
land Railroad was granted The question of
granting this charter came up at the heel of
the session, only few days before the final
adjournment l then had the honor to be
chairman OF the railroad committee on the
part of the Senate, and the hearing was held
in my room. We distinctly recollect that the
parties who were directly interested and asso-
ciated together during the incipiency of the
Portland & Rutland enterprise, nearly all re-
siding 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 & Ogdensburg Rail
road companies. They thought of nothing
else in railroad matters, and the interests of
these two corporations were far 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 b. Brown leads the list,
model of a man for enterprise. The State,
and the city of Portland owe him debt which
cannot be easily repaid. Then follows John
B. Carroll, A. w. H. Clapp, William Deering,
Samuel +. Anderson, John Lynch, Fl. +.
Libby, Horatio N. Jose, f. G. Messer, A. X.
ia II Ca
vens, Israel Washburn, Jr., Frederic Robe,
&c. All of these persons are strong and ear
nest friends of either the Portland & Rochester
or the Portland & Ogdensburg Railroad COM
panies. and nearly all 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 serupulously after the interests
committed to their care, at least to an extent
not to aid in the charter of a company whose
purpose might be SO construed as to establish
parallel line to compete with their corpora
tons 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 to the recollection of Mr.. Holland
and myself, the bearing of the Portland
Rutland Railroad upon the other railroad en-
terprises leading out of the city of Portland,
was discussed in committee, and 1t was then
and there agreed to the satisfaction of all
parties interested in the charter of the Port
land & Rutland Railroad, that the starting
point of this corporation 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 import ant and vital amendment,
which was afterwards appended. hold in
my hand the original papers and the accom-
panying bill, which gave birth to the charter
of the Portland & Rutland Railroad Company.
l call your attention to this significant fact,
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 qualifying sentence
was substituted, thereby limiting the terminus
Of said road to a point on some road "west of
the Saco river, and north of the town of
Standish." The amendment is in the hand
writing of the Hon. William Deering of Port
land, who testified before your committee
that it was so understood by him, and that all
parties agreed to it. 1t was perpetual seal
on any attempt on the part of the Portland &
Rutland Railroad to start from any point OH
any railroad east Of the Saeo riper, or south
of the torn Of Standish. When this charter
of the Portland & Rutland Railroad Company
to be considered-to wit: the enisting lines
and those that were hereafter to be constructed.
The first class of roads which afforded oppor-
tunity for the Portland & Rutland Railroad to
start from, according to the conditions of its
charter, were the Portland & Rochester, and
the Portland, Saco & Portsmouth Railroads,
available points west of the Saco river, and
the Grand Trunk north of the town of Stand
ish. Either afforded a good opportunity
The particular line of road referred to in the
charter, as expressed in the sentence, "under
any existing charter" was the Portland & Og-
densburg Railroad, and it was intended that
this road should only be disturbed at a point
north of the town of Standish, wherever this
road should be located. With this explana-
ten, now read the section of the charter
which so explicitly defines the limit or starting
point of the Portland & Rutland Railroad-to
wit: "Said corporation is hereby authorized
to locate 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 hereafter constructed, under any ex-
listing charter, within the counties of York,
Oxford and Cumberland, at some point west
of the Saco river, or north Of the town of