Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-02-09

an act to amend sec. %, chap. 81 Of the revised
statutes In relation to lime rock and slate an act
IN relation TO the assessment of poll taxes; an act
TO authorize cities and towns to charge Interest on
certain taxes; resolve authorizing the .Adjutaut
General to sell the arsenal bulldog at Portland
an act to make legal the doings of the Livermore
Falls Bridge Co.; act to authorize the town of
Georgetown 10 build bridge over tide waters
PASSED TO BE ENACTED
An act to enable nonresident guardians to OBJ
tain property belonging to their wards residing in
other States or Territories of the United States
act relating to normal schools; an act to repeal
chap. sos Of the special laws of 1874, relating to
the protection of fish in Narragus rivers an act in
relation to the Ellsworth police court.
FINALLY PASSED.
Resolve authorizing the State treasurer 10 pro-
cure burglar proof safe; resolve in relation 10
compulsory pilotagc.
Bill an &C. to amend sections IS and 81 of chap.
II of the revised statutes, relating to meeiing-
houses. was read twice and tabled on motion Of
Mr.. FRANK.
Bill an act in relation to the recording Of assign.
ment of wages, was read twice and laid on the
table, on motion OF Mr. STONE of Biddeford.
Bill an act to incorporate the West Buxton
Steamboat Co. was read the thYd time, and iudeh-
nitely postponed on motion of Mr. TALBOT.
Bill an act to provide for securing the rights of
mortgage bondholders, was read the third time
and laid on the table, on motion of Mr.. PORTER.
On motion Of Mr. PORTER, bill an act 70 amend
chap 81, Sec 81, relating to railroads, was taken
from table and passed to be engrossed.
On motion of Mr.. PORTER, bill an act to amend
sec 81 of chap. 50 Of the revised statutes, relating
to witnesses and evidence, by adding fifth excep-
ton, was taken from the table, the question being
on the adoption of the Senate amendment provd-
ing that the act shall not apply to cases pend
ing.
Mr.. THOMSON explained the BILL and said that
ne had introduced it at the request of legal gen
tlemen who had looked into the matter He raised
no objection to the Senate amendment, yet no
reason why it should be adopted.
The amendnen mt was adopted and the bill passed
TO be cngrossed.
The general railroad bill came up BY special as
signment, the question being the amendment
offered by Mr.. PORTER, to strike GU. all after sec
ton three.
Mr.. PORTER said he did not suppose it was any
part of the duty of the committee that reported
the bill, strictly speaking, to report bill contain
ing details under which railroad shall be built.
The committee, as members would see, had gone
into the d. tails, and his amendment was TO strike
them out, leaving mode for organization of rail-
road companies and leaving the details TO be
taken care of by the present laws.
Mr.. POWERS was DESTROYS that the bill should
be made plain and given passage. He was OPP
posed to striking out all after the third section.
There were sections there which he favored. And
at the proper time he would offer an amendmen Mt
calculated 10 retain them and simplify the bill.
Mr. SPEAKER Il find on examining the action
of the House on the general railroad bill that more
was accomplished than had supposed. think it
was n ado satisfactory to very large majority of
the House except in the last section.
Amendments "E" and GA perfected sections G
and ii, amendment struck out section 9, making
all but section Il acceptable. This if adopted
gives US general law, which provides for the for
nation OF the company under the direction of the
Railroad Commissioners, and the location of the
road by them, taking the question of charterng
railroads out of he legislature except in extreme
cases, and utilizing the requirements of the con-
stltution. In ny Judgement, all that We need in
addition to this, we now have on statute book
This. it seems to me, places in the hands of the
Railroad Commissioners all the authority that they
should have. As agents of the State they are ia
its interests, and as railroad men, gettn their
ployment from railroad companies, they would
naturally be in their interest also especially should
we suppose so, when We take into consideration
that railroad commissioners would never be up
pointed without consulting the interests of rail-
roads, therefore think they are not the proper
tribunal to settle questions of damage between
their employers on one side and lsndholders on
the other in whom they have no interest.
Now all we need to decide, is whether section
II shall be struck GU. and tho question of damages
and such other general provisions as are necessa-
~ for the government of railroads shall be settled
BY chap. 81 Of the revised statutes. If gentlemen
will look at that chapter they will fLd all other
questions provided for. which are not in the first
eleven sections Of this bill and they will find al
sections necessary. That chapter is the accumu-
lated wisdom of the State railroad questions for
the last half century. nder it all of our railroad.
have been built; We have tried j. and know it to
be safe. Therefore the Constitution provides
that general bill shall be passed, and j. can be
done now to better advantage than when there is
railroad legislation in the way and as the House.
when we come to an understanding, will find that
very large majority are agreed in regard to it, as
is shown in the unsnimi,y 10 amending sections g.
ard 10
striking out or amending section H. which amend
ments are all provided tor in chap. IL of the revis
ed statutes; and as there no incongruities be-
tween the bill and the statutes, | think we can
pass such bill with safety. Therefore move
that the amendment which 1 offered on Saturday,
which Is simply to strike out section IL, be adopt
ed.
Mr.. NEALIEY inquired If the amendment of
fered by the gentleman from Burlington Porter
affected the question of railroads crossing naviga-
bic streams.
Mr.. PORTER replied that the Legislature re-
serves to itself authority in that matter.
Mr.. POWERS inquired where such reservation
could be found if all was stricken out after g..
Mr.. PORTER replied that there is no provision
Of law whereby railroad can locate across tide
waters without comm. to the Legislature.
Mr.. BASS said that the Legislature in the first
section of the bill delegates TO the railroad ON
mssioners the power that it now has, which is to
grant charters TO build roads and bridges over
tide waters. He protested against striking out
amendments after they had been so fully discussed
and so unanimously adopted.
Mr.. PORTER remarked that he had voted for
more than half OF the amendments that had been
adopted, and his only desire in moving his amend
ment to strike out was to perfect the bill.
Mr.. NEALLEY thought the House had done good
work the other day, and he thought it pretty we'll
settled from that work that the people through
their representatives are in favor of the general
provisions of the railroad laws as they DOW stand.
The people willing to have incorporated into
the general law for the incorporation Of railroads,
provisions of the old law, instead of which, bill
had been introduced with innovations and exper-
iments. The House had remed;ed that matter af-
ter full and careful consideration, by amendments
which he thought eminently proper, and the effect
of the gentlemans Portersl amendment would be
to strike them out, and leave some generahtes for
law, the effect of which was unknown.
Mr. TALBOT gGderstood a marked difference to
exist between the law enacted here to authorize
persons to incorporate themselves, and the law
enacted to regulate such corporations after incor-
poration. In the new bill before the House both
are mingled together. The first three sections, as
he understood it, provides for the organization of
a company for the purpose OF constructing rail
road without giving any powers beyond organiza-
ton. He was opposed to the amendment.
Mr.. Powers thought if the bill was passed con-