Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-25
From the State House.
Another Debate upOn the General Rail-
road Bill ia the seuate-The Hill Passed
10 be EnsrOssed with u Hostile Amend
meuI-Thc Central Judicial District.
RosrON. Jan. d. 1872.

BosToN, Jan. a. 1872.
The floor and gallery of the senate was crowd
ed again this afternoon by those who wished to
witness the senate's further action upon the gen.
eral railroad bill The bill came up in the or
ders of the day, and Mr.. Wakefield Of Dedham
at once took the floor and offered an amend
ment, 10 insert a new section providing for the
appointment by the supreme court of COM
mission 10 determine the exgency of building
railroads. He followed it with speech of half
an hours length, in which he claimed that the
constitution required that provision of this Kind
should be made, and that unless it was made
the courts would declare the proposed law un-
constitutional. He stated that the question of
exigency was decided in Michigan by the legis-
lature, and in New York by the supreme court.
| If passed as reported, he said the law would
allow twenty-five men to build road from Bos-
ton TO Worcester within six feet of the existing
road. He did not believe the senate wished to
pass such law as this. He was in favor of
general law, but believed that the proposed law,
without his amendment, would be a dead letter
on the statute book.
Mr. Tarbox of Lawrence replied to Mr.. Wake
| field in well put speech He characterized
Mr.. Wakefeld's amendment as blow at the
heart of the bill, which, if adopted, would kill
it. The change proposed would be worse than
the present system. He argued that it was just
as competent for the legislature to delegate this
| power to a private corporation, as to a munich
| pal or political corporation. He answered Mr..
Wakefield argument on the subject of eminent
| al nrnY,hnSinJ
passed it would be sustained by the supreme
court, the public welfare would be promoted,
and the legislatures of Massachusetts in future
years would have cause to bless the action of
this-oue of their predecessors.
| Mr.. Hale followed Mr. TarboX, and combatted
the arguments of Mr.. Wakefield, and the latter
gentleman replied, and then Mr.. Hale
| spoke again. A vote on Mr.. Wake
| fields amendment was reached at about
half-past four, and to the surprise OF. every one
a majority of the senators voted for it, The
following was the result of the clerks call:
Yeas-Ames, Bartholomew, Boardman, Carpen-
| ter, Coe, Frost, Fuller, Giles, HeweS, Learned,
LObdell Long, Pike, Richardson, Stafford, Shell
don, Iorrev, Wakefield, MCDOWELL, Wright-2O;
Nays-Bradey, Brewster, Griggs, Hale, Hum
| phrey, johnson, Noble, Parsons, Potter, Smith,
| Stickney, TarboX, Thayer of Worcester, Thayer
| of Pittsfeld, Whitney of Winchendon, Whitney
| of Brookline, Woods-17.
The following is the amendment in full as
adopted, to read as section seven of the bill:
"The directors may petition the supreme
judicial court TO appoint commissioners to de-
termine the eXigency for such railroad: and the
court, or any justice thereof, in term time or
vacation, shall appoint as such commissioners
three diSinterested persons, one of whom shall
be skilliul engineer and neither of whom shall
be of the board of railroad commissioners, who,
after such notice as the court may order, shall
| hear all parties interested desiring to be heard
| and take such evidence as TO them may seem
| proper; and shall determine the eXigency for
| such ra lroad, and make and return to the office
| of said court certificate of their determination,
and the same shall be certified by the said clerk
to the directors"
Mr.. Wakefeld's second amendment simply
made the eighth section conform to the amend
ment. The bill was then passed to beengrossed
| by vote of 90 to 7-Messrs. Boardman, Hum
| phrey, Sheldon, TarboX, Thayer of Berkshire,
| Whitney of Brookline and MCDOWELL Much
dissatisfaction was manifested over the deleato of
the bill, which its friends believe to have been
secured by this amendment.
! The other business in the senate occupied but
Parks Wade carpet company of Palmer for a
change of name, and from various persons in
aid of petitions already presented. The COM
mittee on agriculture were instructed to require
| towns and cities to maintain pounds for the
! shelter ofanimals, and the committee on prisons
| were instructed to look into the subject of the
fare of state convicts and if it needs rcgula-
| ton Mr.. Thayer of Worcester succeeded in
| getting tle treasury committee on the track of
| Warden Haynes by an order instructing that
committee to find out whether any officers Of
the prisons or charitable institutions of the
commonwealth have been interested in contracts
or have in any way received money Improperly.
The insurance committee reported bill to al
low the National insurance company of Boston
to increase its capital stock, and from the COM
mittee on judiciary bill to allow the city of
Boston to refer the long contested Burrill claim
to arbitration.
An important bill was introduced in the sem
ate by Mr.. Thayer to establish "the central dis.
trict court" to have jurisdiction over the dis
tict including the city of Worcester,
and the towns of Millbury, Auburn, Lei
cester, Paxton, West Boylston, Boylston,
| Holden and Shrewsbury; the said court to have
the same power and jurisdiction within the
said district as the municipal court. The court
supersedes the municipal court. There is to be
one justice and two associate justices, the justice
to have a salary of $500 year.
| learn that there arc good grounds for COM
| pant against the subordnates in the adiutant
| generals office, for the manner in which they
have discharged their duties. Not only have the
soldiers testimonials been sent out in slovenly
condition, but soldiers widows and relatives
who have had occasion to go to the Office, have
been rudey and snobbshly treated. These facts
are well known in the house, and an order
offered by Mr.. Potter of Worcester was readily
passed to day, instructing the committee on mil
itary affairs to consider the eXpedency of cut
| ting the adiutant generals force down to one
clerk, and take the matter Of preparing the sol
dicrs' testimonials entirely out of that Office and
! give it in charge of the governor or some other
suitable person. The committee were also in
| structed to investigate and report upon the man
ner in which the testimonials have been pre-
pared.
The speaker announced changes in the mem
| bClSulp VI SGNGlh Oh luS committees. MI,
Baldwin, of Worcester, takes the place on the
finance committee made vacant by the declina-
tion of Mr.. Church, of Middlefeld. Mr. Blake,
of Milford, takes the place of Mr.. Arms, of
Chicopee, upon the committee on manufactures.
Mr. Moore, of Boston, is appointed to place
on the committee on mercantile affairs, where
he succeeds Mr.. Bannisier, of Boston, excused,
and Mr.. Wilde Of Randolph, excused from
serving on the committee on pay roll, is succeed
cd by Mr. Perry, Of New Bedford.
bill was reported from the finance commit
tee by Mr.. Woodward, Of Hubbardston, to fix
the compensation of several offices. For the
annual election sermon, the preacher is to re-
ceive one hundred dollars, which sum ought
certainly to buy pretty good article, although
the state could not with grace pay less for the
annual elaboration TO the new fledged egisa-
tors. The chaplans of the senate and house are
to have four hundred dollars each for their
daily attendance upon the sessions, which at
the ordinary length of the sessions would give
the reverend gentlemen about three dollars a
I 4 l.. l.. a