Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-01-30

retrace any step of indulgence once conceded
to that interest; and consequently there will
exist the greater need of caution in regard to
making concessions to it, lest acquiesence
| and forbearance which were intended as mere
courtesies or accommodations at first, might
| subsequently be urged as the basis of rights.
I Red. Am. cases.
The right Of holding property is among the
most sacred of rights, more sacred, if posi-
BILE, than that of acquiring it. The sover-
eighty Of State is in nothing more conclusive
than in the exercise of its eminent domain,
which includes the right to condemn private
property for public uses. 1t is right which
can be exercised by no power not expressly
authorized, and the State through its Legisla-
-ture- is expressly limited in its power to con-
fer the authority. 1t therefore follows, that
when private property 10 condemned without
such authority, that authority is exercised in
contempt Of the sovereignty of the State.
| Has there been such contempt?
| The net for the extension Of the Boston
and Maine empowered that corporation to
commence building that extension "from
some convenient point in South Berwick or
Berwick, thence through South Berwick, :"
giving them the'privilege to go through North
| Berwick, if necessary, and "thence" and SO
on to Portland. The towns through which
the road must pass, was stated in conformity
| to a general law of this State, which requires
that the petitioners for railroad charter
must designate the towns through which they
propose to pass. A railroad corporation has
the right, then, as matter of course, to pass
through the towns mentioned in their warrant
and i. is undisputed that they have no right
| to pass through any town not mentioned
therein. Have they, therefore, right to
ignore and pass by towns mentioned in their
charter locating the route OF their roady II
so, why mention any intermediate towns !?
Why not give simply the termini OF the route
and say, "build between as best you can" =?
Perhaps that were best, but it hpppens not
to be the law of this State. Happily,
were this common sense construction not
conclusive upon the matter, we have the
question answered by two eminent judicial tri-
bunals Of Massachusetts and New Hampshire,
in exactly similar cases. You will find them
in the 9Th Massachusetts, and the 10Th
New Hampshire Reports, in which it is there
laid down, that the road must pass through
all the towns mentioned in their warrant and
in none others; while in the latter mentioned
State they had no general law, as we have
here, requiring the location to be specified in
the charter, as to towns.
The Boston and Maine, in building their ex-
tension, have not passed over an inch of South
, Berwick That the road could be so 10 Gated
within the provision of its enabling act, an
/. therefore in conformity to law, no lawyer in
this State, who is aware that he can state
, anything that viii damage his reputation, will
: venture to affirm. This corporation was ad
= vised that its road was located substantially
J. according to law. l do not care to argue
that point upon the word Substantially.
u since in this case that pretext is admitted by
u the petitioners as not to have been we'll taken
o as seen by their position; contenting mysel
with remarking that in my judgment the wore
y SUBSTANTIALLY" in the statute is limited by
q the previous section requiring towns will
o their boundaries to be given for their location
/ that is, fixing those boundaries as the datum
: line.
o Mr.. President, have given this brief, de
sgnediy brief outline of an argument, il
s order to show to this honorable body thu
! status of the petitioners By the bill now be
fore us as having usurped the right of con.
e demning private property for public uses
which right alone rests with the State. A
a member of this general court of law,
might deem it my duty to let this corporation
remain in the serious position in which it ha.
placed itself, by refusing to vote for the bill
but recognize the organization of the Legis
lature as partaking something of the nature
of equity as well as law, and herein reat
my dnty.
|
holders, innocent in fact but not In law, il
might be equity perhaps, and sound policy
,, for the State, to refuse to confirm any loca-
ton save that contained in the act granting
the extension. But that cannot be done, and
because the land owners failed to take such
suitable and seasonable action for their own
protection as they might have done, and al
lowed by that failure SO much money to be
invested, and because to throw it away would
work greater injury than to confirm, and be-
cause OF two evils would choose the least,
shall vote for the passage of the bill now
under consideration, holding up the unfortu-
nate action of the petitioners, not as pattern
to initiate but as an example to deter.
On motion of MIR. DINGLEY the yeas and
nays were ordered.
Mr.. MAY remarked that he had no tender
conscience in this matter, and that he should
vote against the bill on the ground that it
would disturb vested rights, and that it was
unconstitutional. The yeas and nays were
then called with the following result:
YEAs.--Messrs. Abbot, Arnold, Brooks, Burgess,
Butler, Carr, Chaplin. Coffin, Crandon, Davis,
Dingley, Dunnpg, Harrington, Hadlock, Harmon
Hobbs, Humphrey, Kennedy, Lothrop, Martin,
o'Brion, Palmer, Pennell, Shaw, Webster Whit.
more-26.
NAYs.-Mr. May.
So the bill was passed to be engrossed.
Mr.. LoTHRoP OF Somerset, moved to recon-
slider the vote whereby the Senate passed to
be engrossed the act providing for free high
schools.
The motion was rejected by nearly a uuan-
imous vote.
Mr.. LoTHRoP thought there was no quo
rum voting, and renewed his motion.
The Senate again voted not to reconsider
by a vote of 10 to 9.
READ AND AssIGNEp-An act to amend
chapter lis, section G, Of the revised
statutes, relating to the penalty for placing
distractions on railroads an act additional to
chapter 20 of the Jaws of 1869, concerning the
militia; an act relating to damages for land
taken for railroad purposes; an act to change
Inc names OF certain persons; an act to au-
thorizing the building Of dyke in Harring-
, ton; an act to incorporate the Penobscot
Brick company.
PASSED TO DE ENGRossED.-An act to incor.
corporate the trustees of Abbott Family
School at Little Blue; an act to incorporate
, the town of Benedicts; an act to incorporate
the town of Lakeville; an act in aid of free
high schools; an act to confirm the location
of the railroad of the Boston & Maine rail-
road through the towns Of Berwick and North
Berwick, subject to certain restrictions; re-
solve in aid of repairing the road through
/ skxQ ANN in fha tntp, 4 s4kl