The Portland daily press., 1875-01-21
BY TELEGRAPH.
FROM AUGUSTA.
Legislative Matters.
The Constitution COnvention--.-Hearin
ON the Railroad Tax, ETC., etc.

mission were present to-day, Judge Kent the
honored President, occupies the Executive
chair which he so worthily filled two years in
the distant years of 1888 and 1910. Gen. Kim.
ball, the Secretary, sits within the semi-circle
of the council table. At the right, nearest the
President, sits Mr.. Haines, next Mr.. Pike, who
rather lounges than sits. Mr.. Talbot occupies
the next chair, " lille DR.. Robins separates the
former and the genial Madigan, who sits oppo-
site the,Piesident At Mr.. Madigan's left sits
Mr.. Libby, whose gravity BELTS the occasion.
Mr. Gilbert and Mr.. Rust follow Mr.. Libby In
order. The members speak sitting and thus
they avoid long speeches. Discussions are car
ried on in a conversational manner. 1t is under
stood that the commission will take up the
several points suggested by Governor Dingley
Yesterday as published in the PRESS this morn
ing.
The first topic taken up was the propriety OF
amending Sec. of article of the constitution,
viz: "The election for Governor, Senators and
Representatives shall be on the second Monday
of September annually, forever" The question
turned upon changing the time OF holding
state elections to November and whether BIZ
ennial elections should not take the place OF
annual elections. Al order was passed request
ing the Governor, Executive Council, heads OF
departments and members of the Legislature,
TO give their views on any subject under
consideration aud also that citizens OF the
state be invited to present their views respect
ing constitutional changes, in writing if they
so DESIRE The Commission meets at 81 a. M,
and 81 D. M, every day, Sundays excepted, I'M
til otherwise ordered.
1t was unanimously settled that the state
election be held in November instead of Sep
TENDER; that no change be made in the method
of electing state officers; that the office OF
Land Agent be abolished and the duties of the
department assigned to the State Treasurer.
The amendment of 1864 allowing volunteer SOL
diers to vote, it was agreed should be made
brief and general, and thus retained. The pro-
vision apportioning representatives to the Leg
islature was next considered until adjournment.
Judge Kent on being elected permanent chair
man this morning made very fine address.
Mr.. Libby did not sit, being engaged in the
trial of a case.
The judiciary Committee this afternoon held
its hearing on the question of enforcing the
railroad tax, in the hall of the House OF Rep
resentatives. There was good audience pres
ent, composed largely of members of both
branches President Morrill, of the Maine
Central appeared before the committee. He
said that the directors of the Maine Central did
not desire to be released from one dollar OF tax
legally assessed. He commended that the law
of 1874 taxing the railroads is in conflict with
contract made by the state with the Maine
~, thar tha A nd g. Kama.
bee Railroad Company in 1S45 The Maine
Central now holds under that contract. By
that contract the corporators agreed to do for
the state vast work on certain conditions.
The company claims to have performed its
part of the contract to the letter. Neverthe-
less the Legislature of 1874 passed an act vio-
lating on the part of the state the terms of
the charter Of 1874. He thought that
Gov. Dingley did not understand the nature Of
this contract else he would not assert so posi-
lively that the state has a night to call npon
the Maine Central for which he appeared. He
was certain that TIE Governor never could have
read the contract if he intended to be correct in
what he has statedIn his address. Gov. Nor
rilI then proceeded to Tread from the charter,
the first section of which gives power to take
and hold property, and provides by what means
it shall be taken and for what purposes-for
track Section 5 provides that the company
may take other real estate which is taxable and
is now taxed the same as other property. The
18th and 18th sections of the charter were then
read as follows:
Sect 15-All real estate purchased by said
corporation for the use of the same, under the
fifth section of this act, shall be taxable to said
corporation by the several towns, cities and
plantations, in which said lards lie, in the
same manner as lands owned by private per-
sons, and shall, in the valuation list, be esti-
mated the same as other real estate, of the same
quality, IN such town, city or plantation, and
not otherwise; and the shares owned by the re-
spective stockholders shall be deemed personal
estate and be taxable as such to the owners
thereof, in the places where they reside and
have their homes. And whenever the net in
come of said corporation shall have amounted
to ten per centum per annum upon the cost OF
the road and its appendices aud incidental ex-
penses the directors shall make a special re-
port of the fact to the Legislature; from and
after which time one moiety or such other por-
ton as the Legislature may from time to time
Of the net no0ns OF sad
and above ten per centum per an
mum, first to be paid to the stock
holders, shall annually be paid over by the
treasurer of said corporatioR as tax, into the
CfcdSuTy VI Cuc SCd5c, lOE VIC use u ohO os"eC5
and the state may have and maintain an ac-
ton against said corporation therefor to recover
the same. But no other tax than herein is
provided, shall be levied or assessed on said
corporation, or any of their privileges or fran
chises.
SECT. 1.-THE Legislature shall at all times
have the right to inquire into the doings of the
corporation, and into the manner in which the
privileges and franchises, herein and hereby
granted, may have been used and employed by
4 a. nadr foil
abuses of the same, and to pass any laws i'm
posing fines and penalties upon said corpora
ton, which NAV be necessary more effectually
to compel a compliance with the provisions,
liabilities and duties hereinbefOre set forth and
enjoined, but not TO impose any other or FUR
Their duties, liabilities or obligations; and this
charter shall not be revoked, annulled. altered,
limited or restrained, without the consent of
the corporation, except by due process OF law
Under this the Legislature has no power in
equity or in law to tax the Maine Central. The
Company has done too much for the people,
run more and further trains than it cosld af-
ford to do. If it had not done this it might
have been able to divide the ten per cent. on its
stock and thus be obliged to pay part to the
state This provision was in all the charters
Of the time, and the people Of Aroostook or
the eastern coast would most gladly grant such
a charter to any parties who would secure them
a railroad. To force this tax is not only a
wrong to the company, but is the death blow to
railroad development in Maine, and conse-
quently to the growth of the state. If the
principles enuncisted in the Governors ad-
dress should prevail, the state would have no
more railroads. He characterized the imputa-
ion contained in the Governors address, re-
specting the railroads, libel. He then re-
viewed that part of the Governors address re-
1atiug to railroads, dwelling at length upon the
assertion that the charters under which the
railroads claimed to be exempt from all taxa
ton were obtained by the contriuance of those
asking for IL, by such men, for instance, as
Edward Little, James Lowell, ]. M. Frye,
John B. Brown, etc., and that the Legislature
was deceived about the powers they were con-
ferring upon the companies. He did not be-
leve there was any trick about it, and
tain that the present legislature would grant just
such charters, just as its predecessors have done.
This same railroad has made Lewiston and Au-
burn large, thriving cities from mere villages.
BY reaching out to its water power from Port
land it had directed thither $10,0O00OO of for
eign capital. He said that the company was