The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-01-09

aid from the state. Inc Bath Home has at
the present time nearly 60 children in its CHARGE
all but three of whom are soldiers orphans;
and has found hons for other soldiers orphans
in private families during the year. This work
reflects the highest honor on those liberal mind
ed men and women who have contributed to
found Soldiers Orphans Home, and deserves
continuance of the bounty of the State.
MEMORIAL DAY.
In view of the fact that the thirtieth day VI
May of each year has been designated p lily .S
Grand Army OF the Republic as the ooiuie,s
more oeneraliy dedicated to services commem-
orative of the noble men VINO ~ tue .ate sIru9-
Gle for national life gave their hves IN defence
of the Union, there seems 10 me 10 pc eminent
proprety in giving the same legal recognition
to the dav in this State as is given to other
HOLIDAYS and as has already been given by the
State of New York. Such graceful act would
be deserved aGd tender tribute to the memory
of that noble band who responded to the call
for the State aid in her time of need, and who
rest in cemeteries in this and other States, or in
nameless graves where they fell, i'll Virginia. in
the Csrolinas, wherever the banner of freedom
was borne. Nay, ii would be an eloquent
teacher of the duty and honor of patriotism,
and would place the day which honors the ma
tons salvation side by SIDE with the day which
celebrates its birth.
THE NATIONAL CENTENARY.
BY authority of an act of Congress, approved
March 3, 1871 Board of Commissioners was
appointed by the President to prepare and su
'rintead the execution of a plan for the ma
tional celebration of the One Hupdredth An
niversary Of the Independence of the United
States by the holding of an exhibition of arts,
manufactures and products of the soil and
mine, at Philadelphia, during the summer OF
1876 The Centennial Commission, ably repre-
senued on the part of the State by Hon Joshua
Nye as Commissioner, and Hon. Charles l..
Kimb Ill as Alternate Commissioner, have
made the most ,uccessful progress in arranging
such an International exhibition as will serve
as fitting recognition of so important ma
fional event, and at the same time as worthy
exposition of our progress IN literature, art
science and industry. To further the Objects
of the Exhibition, and secure an appropriate
representation of the industries of the several
States the Commissioners invite Maine to ap-
point Board of Directors consisting of five
members, who, with the Commiss-
Toner and Alternate Commissioner, shall
constitute the State Board of Centennial Man
ayers. upon whom will devolve the RESPONSE
bility of seeing that the State is properly repre-
sented in the exhibition, and all its interests
there faithfully cared for L recommend that
you authorize the appointment of such Direc
tors. TO serve without compensation.
MAINE IN THE NATIONAL sTATUARY HALL
BY an act of Congress passed few years
since, the several States were invited to fur
nish not exceeding two marble or bronze stat
ues of citizens illustrious for their patriotism
distinguished services, to be placed in the old
hall Of the House of Representatives at WASH
!n9tOD, winch was SET apart as Il National Stat
uary Hall. Many States. including all of New
England, have responded to the invitation.
1t would be peculiarly appropriate for you to
take such preliminary action as might result in
giving this State on the approaching centen-
NAL anniversary of American Independence
the honor OF contributing to this national col
lection the statue of Major General Knox, the
distinguished citizen soldier, whose illustrious
services, both in the struggle that gave Onr ma
ton birth, and subsequently, in the cabinet of
the ilnstrious Washington, have conferred i'm
perishabe renown upon the State and the ma
ton.
RAILROAD INTERESTS
The report of the Railroad Commissioners
gives detailed account of the progress and
condition of the important i'road interests of
the State and make recommendations to which
your attention is directed. Inasmuch as the
Board of Railroad Commissioners must, from
the growing Importance of railroads, be charg
ed with as high and delicate duties within the
sphere in which they act, as are imposed even
upon the courts eft justice, suggest whether it
would not better comport with the dignity of
the State and the Independence of the Office, if
the salaries of the Commissions should be paid
from the State Treasury, and the State itself
should assess the several railroad corporations
for the amount of the same.
Railroads have become so Indispensable an
agency in the material development of a state,
and exert SO important an influence oves the
public interests as to make the laws relating
to them worthy OF your thoughtful attention.
railroads into large sections of our State, as yet
partially or wholly destitute of means of COM
municat'on so essential to their convenience
and development, and the partial competition
afforded by exceptional facilities for water
muDicatiOn, have thus far made restrictions Oh
railroad corporations in the public interest,
seem to be less essential than in many other
States. The fact such feeling of confidence
exists to a great extent, makes the present
time peculiarly favorable for such careful re-
vision of our railroad legislation as will, on the
other hand impose upon railroad corporations
just responsibilities and restraints; and on the
other hand, properly protect invested capital,
and inspire that public confidence which is so
essential to The true interests of railroads. as
well as of communities
Inasmuch as railroad corporations are grant
ed extraordinary powers which partake of the
nature at sovereignty, it is only after many
limitations and restrictions that they can be
said to be private corporations at all. Rail
roads should not and can not be regarded SIM
ply, or even principally as the property of in
dividnals TO be managed as they please. They
are public works, no matter by whose capital
built; and while the rights of property in them
may not be violated, yet iJ is the right and du.
ty of the State to see to it that they are SO
managed as to serve the public. So superior
are they to every other means of land transpor-
taton, and so expensive is the construction of
competing lines, that railroads are practically
and not necessarily in any offensive sense, mon
opoies along their respective lines of business;
and unless there is some power to restrain them
expressly or implicitly reserved in the control
OF the State,as there always is in other grants of
exclusive privileges, they may not only impose
such freight and passenger tax on the people
as to control markets and destroy or build up
communities, but they may discriminate be-
tween citizens at pleasure. Valuable and even
Indispensable as railroads may be to a commu-
nifty long as THESE corporations are servants
yet, in view Of the tendency to a combination
of their interests and aggregation of their cap
ital in the hands of few, if they are allowed
to become masters, a large part of the benefits
which the public have right to expect from
them, will be lost, and the corporations become
sources of oppression and public peril
In authorizing the formation of Railroad cor
porations Observation-Disclosures by special legis-
lation or as is preferable, by general law-care
should be taken to include such provisions as
will remove all doubts as to the right of the
State to exercise such supervision as the pub
Inc interests may require. The question as to
how far the legislature may exercise control of
the railroad corporations which it has hereto
fore chartered-Ghe most of them with pecu-
liar privileges and powers,-s still in some i'm
portant aspects an open one, although judicial
decisions are gradually developing legislative
rights which these corp orations have steadily
denied. 1t has been held by the Supreme Court
of the United States that railroad corporations
are common carriers, as that Office is defined
by the common law,-at least so. far as to re-
quire them to provide sufficient and convenient
methods OF transportation, and to carry pas
sengers and freight for all persons without dis
tlnctiOn and without unjust discrimination:
even IT not on such terms may be determin-
ed to be reasonable. 1t has also been held that
railroad corporation may be judicially de-
prlved of its franchises for non-use or misuse
of them; aud that Notwithstanding the over
ship of railway may be private, yet the use is
public, and the road tsef public highway
And as necessary consequence of this, the
court added by way of argument that ''the leg
islature is the exclusive judge of the mode OF
use" and this carries with il the right to make
such provisions and impose such restrictions
as the legislature may think necessary for pub
lie convenience, as well as safety.
While the Importance of this subject demands
careful preliminary investigation and inquiry
into such facts relating to the railroad systems
OF this and other States, as will furnish the
data for judicous and intelligent revision Of
our railroad laws,-which inquiry, either
through the Railroad Commissioners or some
other commission, most earnestly recommend.
yet there are some features of such legislation
OF so immediate and obvious necessity as il
seems to me, that they need not be deferred.
VI this character is general law for the for
NATION OF railroad corporations and construc-
ton OF railroads. Hitherto this has been done
by special charter, aud has involved not only
all the evils incident to ordinary special legisla-
t.alg of laac ,,a