Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-01-29
From the State House.
The Railroad Bill Debated III the House
The House FavOrs the Bill in It's
Original EOrm-Other Business.
BosroN. Jan. q, 1872.

BosToN, JAN 81, 1872.
If the discussion on the general railroad bill
in the house to-day indicates what disposition
will finally be made of this important measure,
1t is safe to say that it will speedily he sent back
TO the senate in the original form in which it
was reported from the railroad committee. 1t
looks as if short work would be made with Mr..
Wakefeld's interpolated seventh section,
which, if stricken out will be done in obedience
to arguments which render 1t impossible for the
senate to adhere TO this emendation. The bill
was left until the last matter in the
orders of the day, and Mr., Towre, of
Fitchburg, attempted, with excuses which the
house was not inclined to heed, TO staye off the
final vote, and really to postpone discussion uns
| til the middle of the week. He insinuated that
it was being pushed through under the "lash,"
and said that he hadn't had time to examine
the bill, and did not feel well, etc. This he re-
peated and emphasized for fifteen minutes. Mr.
Lorng of Fitchburg, urged that the discussion
be Immediately begun, and Mr.. Phillips Of Sa.
lem said that the business of the house was not
in condition to warrant a postponement. That
eminent Butlerite, Mr.. Shaw Of Boston, made
show of bold opposition to the bill, saying that
he had great deal to urge against it, and
wanted plenty Of time to oppose it. The house
heard him, and several other directors, quietly,
and then voted TO begin the discussion at once,
but not TO take a vote until Tuesday at four
o'clock. Previous to this Mr. Newton of Boston
had offered an amendment TO include horse rail
roads in the bill, but the floor was first taken by
Mr. Potter of Worcester in explanation of his
amendment offered yesterday, which was then
voted down unanimously. No favor was shown
either to Mr.. Newton's thoughtless amendment.
The railroad committee now found opportunity
for the first time TO explain their bill. Mr.
Phillips of Salem moved to strike out the sew
enth section passed by the senate, and change
| the bill back to its original shape, and on this
motion the real discussion of the merits of the
bill began. Mr.. Phillips argued that there could
be no constitutional objection to general legisla-
ton of the kind proposed in the original act, but
the amendment which Senator Wakefield put in
to make the act constitutional, he believed TO be
itself unconstitutional. In his opinion the power
Of determining the eXigency for public i'm
provement which was vested by the constitution
in the legislature, could not be transferred to the
judiciary. And he averred that the legislation
of New York and Michigan, which had been
cited for precedent did not provide anything
of the sort, but a commission was appointed
only when land was to be taken outside of and
away from the line of a railroad. These consd.
erations evidently had great weight with the
house, and nobody attempted to answer them
but Mr.. Towne, who jumped up, and, with I'M
common yieor and earncstness, declared that
the question was not with regard to the ques.
ton of an eXigcncy, but whether twenty-five in
terested men were a proper tribunal to
determine whether railroad would bene-
fit them. This brought Mr.. Fairbanks of
Fall River to his feet, who reminded Mr..
Iowne that after all he was not quite so 10
norant of the provisions of the bill as he had
represented himself Mr.. Fairbanks then made
vigorous speech in favor of the bill in its
original shape, and he was followed by Mr.. Ely
OF Newton, who made an able and unanswerable
argument in favor of general railroad law and
also made some telling points in favor of the
bill as reported by the committee, and against
the multiplying amendments adopted by the SEN
ate. At two O'Clock the discussion was broken
I.
amendment just prior to the vote on the bill it
self on Tuesday at four O'Clock. 1t is evident
that there is to be no opposition to the commit
tees bill in the house that will amount to any
thing.
Orders were adopted previous to the debate
for the committee on manufactures to consider
a law TO secure the guarding of belts and ma
chinery to prevent accident, and for the commit
tee on the Judiciary to consider a law that wit
| nesses of whom sureties are required shall not
be committed except in cases of felony.
The orders of the day occupied but little time
with the exception of the senate bill to change
the compensation of the liquor commissioner
and state assayer from salaries to per centages,
which Mr. Ely said was done because the gov
ernor thought these people ought to earn their
money and not receive large salaries for doing
nothing. The bill was referred to the house
committee on the liquor law. Mr.. Winsow, of
Newton, introduced bill TO amend the gen
eral statutes so as to allow inspectors of the
state prison to hold Office continuous terms.
The customary petitions for woman suffrage,
and against the annexation of Brookline, were
presented. Finance bills, providing for the sup
| port Of the charitable institutions, and for the
mileage and compensation of members, were
| introduced.
| In the senate, the currents of legislation were
disturbed by the appearance of one of those
| igites tdtai, with which Edward Crane is wont
to bewtch worthy but unsophsticated mem
beers. Senator Frost of Chelsea was the Icat's
paw this time He introduced bill to incor-
Il