The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-01-09
TERMS $500 PER ANNUMIN ADVANCE

donations would 60 far to provide the mean;
necessary for the erection of suitable build
ings. This would have left the State mainl,
to make such appropriations as might have
been needed to supplement the annual in.
come OF the national endowment. (which il
but little more than $S,000, and maintain
the institution in the highest degree of eff
cheney. Notwithstanding the State has al
ready made large appropriations for building
purposes, as well as smaller sums to meet the
annual deficiencies, yet the college is still.
greatly IN need of additional means in the
same directions. Ii is to be hoped that an
institution so well calculated ''to promote the
liberal and practical education ofthe industri
al classes in the several pursuits and profes-
sions of life" will receive that popular SYM
Pathy and support which it so well deserves.
THE LAND DEPARTMENT.
Inc Land Agent reports that the affairs OF
ms once are beIng SO rapidly closed up, that
Wlthln Two years, at least, such inconsidera-
Bile State interests as remain NAV he trons-
ferred to the care of the Secretary of STATE
and State Treasurer, and the once important
land department of the State government be
discontinued. This will necessitate legisla-
tion authorizing the Land Agent to select and
reserve such portion of the ia 900 acres set
apart tor settlement as may be suitable for
that purpose, and to sell The remainder: and
also to dispose of the S2.SS0 acres of school
land, and the timber on the ten townships re
served i'll the grant to the European and
North American Railroad. This railroad
grant included not far from 100000 acres,
valued at more than $500. 200, and is nearly
all still held by the road, although mortsaged
to secure the payment of their bonds. Ii is
of the highest importance to the State. that
so much OF these lands as well as of other i'm
mense tracts of land within the State now
held by proprletors, as is suitable for settle
ment, should be placed within the reach of
settlers on the most favorable terms. 1t is
too late now to correct the wasteful policy
under which magnificent domain which the
State possessed a half a century since, has
disappeared, yet much may be done to reme-
dy evils that arise from the locking up of large
tracts of settling lands which would other
wise be improved.
Decisions favorable to the State have been
had in two cases where the European and
North American Railroad made certain claims
on the State; but the most important case.
involving claim on the part of that corpo-
ration to nearly all the remaining lands held
by the State, although argued last July. is
still held by the court for advisement. Your
attention is called to several important rec
made by the Land Agent.
and particularly to the Importance of taking
measures to "quiet" certain claims of settlers
which arose from the settlement of onr north
eastern boundary.
SWEDISH IMMIGRATION.
The report of the Commissioner
of immigration presents detailed
account of theprogress of the en-
terprlse of founding Swedish col
ony in Aroostook, and announces
that in September last. all State aid to the
Swedes ceased, and that the colony of 600
persons is now self-sustaining. The colony
owes the State balance of S16,292. 16, on
supplies advanced to Them, whichis to be
paid in work on highways as wanted. There
are at present no American citizens, and,
consequently no municipal organization in
New Sweden, and can be none for two years,
at the expiration of which time hundred
and thirty-three Swedes who have already
taken the necessary preliminary steps, will
become American citizens. The Commission
er is confident that the colony will not only
prosper, but also that it will attract a still lar
ger immigration from Sweden; and the re-
suits fully justify the State expenditures now
closed. He recommends that the care of the
public property in New Sweden, as well as of
the road laber due the State, be transferred
to the land agent; and that the act establish
lug the office of Commissioner of Immigra-
ton be repealed.
THE FISHERY COMMISSION.
The annual report of the Commissioners of
Fisheries gives an interesting account of the
progress of their work, in connection with
that of United States Commissioner Baird. in
introducing and disseminating valuable spe-
cies OF fish into the streams and lakes of this
State. The experiment of restocking our
fresh waters with salmon, shad and alewives,
has so far progressed and the difficulties in
the way have been so far obviated by the con-
struction OF fsh-ways over dams, and the re-
mOval of other obstacles, that the commits
soners speak with entire confidence of the
complete success of this important movement
to restore to our lakes ond streams their for
mer abundance of food fishes. In very
short time now, the practical results of these
efforts will be patent to all, and if these shall
come near the confident expectations of those
who have the best means of information on
this subject, we may regard the small invest
ment OF the State in this direction, as recu-
llarly fortunate and wise. The recommends
tions of the Commissioners should receive the
attention they so well deserve.
THE LAW DEPARTMENT..
The report of the Attorney General gives
detailed statement of the extent of the labors
OF this officer, as well as of the several Coun-
ty Attorneys, in enforcing the laws of the
State against crime. The suggestions con-
tanned in his report should receive due con-
sideration.
THE LAWS TO PUNISH MURDER.
In view of criticisms which have found ex-
preston not only N public journals, but even
in courts Ofjustice, 1 should fail to discharge
the duty imposed upon me if did not direct
yonr attention to the anomalous provisions of
our statutes for the punishment of the crime
OF murder in the first degree, since the legisa-
ton OF 1869. In contravention of well settled
of government, this statute fails to
preserve the wise distribution OF powers con-
templated by the trainers of the constitution,
IN that 1t imposes upon the executive depart
ment the duties and responsibilities of a
court of w-a'functicn. clearly judicial
rather than executive.
BY this statute it is made the imperative
duty OF the governor and council to carefully
review the evidence and proceedings in eyery
case, and then to decide whether the sentence
of the court imposing the punishment provid-
ed by law shall stand, or another penalty be
substituted. Practically the determination
OF this extraordinary court of review-in
which each member is law unto himse.f-is
by a majority of the counsel; for a
sense of the improperly of one and the same
PSiSOi oSeihS ooth % JuuSC anu cAcCutlOutr,
has in every case that has arisen under the
law, restrained the executive from assuming
the grave responsibility of overriding the ac-
tion OF the council when the body has voted
in favor OF Communication. When the council
have voted otherwise, as they have done in
only single case since the enactment of the
statute of 1869, the ex ,cutive has issued his
warrant, as then clearly required by law.
Ii will be observed that the statute require
ment to which your attention is called, is ad-
ditional to, and even inconsistent with the de-
sign OF the pardoning power conferred upon
the executive by the constitution, The lat
ter is a constitutional prerogative, designed
not as an ordinary provision for revi, sing the
proceedings of the courts, but simply rs an
exceptional resort IN extraordinary cases,
over which it was intended that neither
the legislative nor judicial department
should have control, and for the exercise of
which the executive department should be
solely responsible. But the former is a stat
ute duty imposed upon the executive depart
ment, requiring ''review;' of every case, and
almost inviting the exercise of the pardonino
power as if the legislature contemplated that
modification of sentence should be the rule in
stead of the exception. As the constitution
makes ample provision for any exigency de-
mending the Intervention of the pardoning
power it seems to me eminently desirable
that our statutes should establish such pen
atty for the crime OF murder as the law max
ing power expects to have uniformly execut-
ed. To incorporate in them provision look