Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1875-03-26


The adjournment of the Senate winds up
Congress until next December. AT the
extra session the most important action
was the adoption of the Hawaiian recipro-
city treaty, the discussion Of Pinchback's
right to a seat in the Senate and passing
the question over to the next session, and
the adoption of the resolution approving
the Presidents course in regard to Louisi-
ana. 1t is very evident that the increase
of democratic strength in Congress will
not improve the chances for the future
success of the party before the people.
PRESIDENT MORRILL, AND RAILROAD
TAXATION.
The Lewiston Journal contains long article
under the above heading in answer to the re-
marks in President Morrills annual report of the
Maine Central, concerning Governor Dingley and
railroad taxation. Having in our notice of Pres
Morills report presented briefly his views in re-
gard 10 the taxation Of the Maine Central we copy
from the Journal the substantial part of the ar
ticle presenting the other side of the as fol
lows:
The official connection of Governor Dngey
with the question Of railroad taxation, for which
Pres. Morrill, personally assaults him. has been
this: In his annual address Of 1874, the gov
ernor pointed out that large business and prop
erty interests, among which he enumerated rail-
roads, were not taxed in anything like the same
proportion Is other property; and he recon-
nended legislation to equalize these burdens of
taxation. The Legislature took the matter up,
referred the subject to an able committee, who
heard the counsel Of the Maine Central and all
the objections that could be raised, inquired into
the effect of then existing laws by which only the
real estate outside of the track and such few
shares as could be reached wore taxed, and re-
ported bill exactly similar in ecerythiag but the
remedy, to Tar on the Massachusetts statute book,
taxing all railroads in the State which had become
so well established as to have market value.
The act passed the Legislature nearly unanimous
ly. BY the explicit terms of the act, the governor
and council assessed all the railroads coming under
its provisions, including of course the Maine Cen
tral and the Atlantic 4 st. Lawrence.
Neither the Atlantic & ST. Lawrence nor the
Maine Central paid any part of the tax took
any notice of the Assessment and as the tax under
the act could be collected only at the end of
long suit, which the roads would carry up to the
u. S. Supreme Court, the Attorney General
thought it unwise to commence an action. When
the Legislature Of 1875 met, the Governor called
attention to this condition Of things, and by ad-
vice of the Attorney General and Council re-
GUESSED the ltglslatufc give the State treasurer
the same remedy for the enforcement of this tax
as Massachusetts gives for the collection Of SINH
lar tax (by Injunction or as municipalities have
for the collection of taxes against individuals (by
distraining property The legislature AT once
took up the matter and referred 1t to the Judiciary
Committee.
President Morrill, appeared before the Judiciary
Committee and protested against the enforce
ment of the tax, claiming that it was illegal and
void, and asked If anything was to be done, that
the State bring an action for the tax under the
remedy provided by the original act and allow the
road to pay after the courts should decide 1t legal
The main portion Of his remarks before the com
mittee, however, was a personal assault On the
governor because Of the tax and of his recommen-
dations, in which he showed determination to
punish the executive for the action Of the Legsls-
iure in taxing railroads, seeming to lose sight Of
the fact that the tax was required by the legsla-
ing his official duty in endeavoring to have it en-
forced.
The Judiciary Committee carefully examined
the matter, and unanimously agreed with the Gov
ernor and Attorney General that the remedy for
the enforcement Of the tax, was inadequate and
that without regard to the question OF the legality
Of the tar, far as it affected the Name Central
and Atlantic & st. Lawrence roads, (which was
question for the courts to SETTLE, 1t was the duty
Of the Legislature Of 1875 to provide an adequate
remedy for tax required by the Legislature OF
1874, unless they were prepared to recommend Its
for illegally, (which they were not.
the committee reported DilI winch
passed the Legislature, giving sub
tantially the same remedy for the enforcement Of