Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-01-31

and passed to be engrossed.
On motion of Mr.. CHASE of Bridgton, bill an
act to amend sec s, chap. Sc Of the revised stat
utes, relating TO trustee process, as heretofore
I amended, was taken from the table and put on its
passage to be enacted.
BIZ an act to amend sec. So, chap. SO of the re-
vlsed statutes, relating 10 weights and measures of
agricultural products, came up on its passage to
| be engrossed
| Mr. PARKHURsT inquired the object Of the bill.
Mr. SIMPSON explained that the bill makes the
standard weight of bushe of oats 81 pounds, and
the object was to make the weight uniform with
other states.
MI BERRY of Smyrna, opposed the bill as being
unjust to the farmers of the state, and explained
how il would work injustice. He moved to indie
fnitely postpone. Lost By vote of 80 to AZ
! On motion of Mr.. WADswoRTH of Manchester,
/ the bill was amended by striking out the words
"or stlSe measure" in the 10Th line. and all after
the words eleven pounds" in the 18th. line.
The bill was then passed to be engrossed.
READ AND WEDNESDAY ASSIGNED.
An act authorizing the sale of islands
belonging 10 the state, an act in relation
TO county attorneys; act in relation
to county treasurers; an act to facilitate the de-
lection and punishment of certain offences; an
act additional to the acts which constitute the
charter of the Bangor and Pscstaquis Railroad
company; act TO prevent the thro wing of refuse
wood, finder or fi5tous material created by the
saving OF lumber, into the Pscataquis river; an
act further extending the time within which
to hle the location, and also TO com
plete the Northern Aroostook Railroad;
an act ameudatory of the acts providing for loans
of credtof the city of Bangor in aid of the con-
/ stluction Of the Bangor and Piscataquis Rail
road; an act to amend chap sec. 80 OF the re.
yised statutes, relating to repairs of ways in unin-
corporatcd townships; resolve in relation to the
| binding of the acts and resolves of this State.
bn motion of Mr.. BEssE bill an act to repeal
chap. lag oil the public laws of 1876 relating to
ways and 10 revive the provision, of sec. 80 OF
chap IL of the revised statutes, was taken from
the table and passed to be engrossed.
PASSED TO DE ESGRossED.
An act TO amend sec. s. chap. | IL of the rev iscd
statutes, relating 10 nuisances act authorizing
views by iuries in all cases an act amend sec.
t. chap. IS of the public laws of 1876 relating to
| the erection of fish weirs aud wharves in tide
waters; an act relative to proceedings in court an
act to amend sec So, chap. 80 of the revised stat
utes, relating to weights and measures of agrcul-
ural products; an act amendatory to chap. 80 of
the puhic laws OF 1870 relating to the better pro-
lection of life and property; an act to amend the
charter Of The Nor hern Waldo Agricultural So
! clety; an act to amend chap. 219 of the special
laws of 1876 relating to the catching of smets in
Monsweag river and bay
The report of the Judiciary Committee, report
ing legislation ireNpeJent on order relating 10 an
amendment to the Constitution, so a. to prov lde
for biennial elections and biennial sessions Of the
Legislature after 1875 was taken from the table,
the question being upon the motion OF Mr.. PIKE
to rocommt TO the committee with instructions
to report an amendment.
| Mr. PIKE desiled an express. ion of the House
10y a yea and nay vote
Mr.. CLEAvEs was in favor OF the motion aud
would vote for it, but did not intend by doing
to commit himself TO the measure.
Mr.. HAYNES said u member voting for the mo-
ton did not commit himself by that TO the meas
l ure subsequently.
| The yeas and nays were then ordered, aud tax
en-, resulting in the affirmative, as follows
YEAS. = Messrs Abbott, Adams, Alexander
Avelll, Berry of Smyrna, Berry of Wayne, Besse
Bird, Blunt, Bodwell Bolster, Bragdon, Briggs
| Browne of Bowdolnham, Brown of Oldtown
| Buck, Burrill, Chadbourne, Chase of Stsndish
Chick, Clark of Appleton, CLARK of Damariscotta
Claaves of hennebunkport, Cleaves of Portland
| Cook OF Lewiston, Cook of Unity, Coffin, Cal
kins, Copeland, Cyr Davis, Drisko, Farrar, Eel
lows, Fletcher, Garvin, Gibson, Clifford, Goldth-
wait, Goodwin of Pennington, Goodwin OF Mon
roe, Grant Of Stockton, Greedy, Greenwood, Had
lock. Harlow, Haskell of Cape Elizabeth, Haskell
of Waldoboro Haskell of West Gardiner, Hill,
liincklcy of Bluehill, Hinkley of Georgetown,
Iiowes, Hume, llurd, Hutchinson Hyler, Ireland,
Jordan of Brunswick, Jordan of Msravle,
kmball, Knowles, Learned, Little, Locke, Lord
Of Bangor Lord of kennebunk. Maddocks,
Mcader, Morrill,, Nealley, Newbert, Norton, Mutt,
Osgood. Parkhurst Pendleton, Perkins, Pierce,
Pike, Pilsbury Of Lewiston, Psbury of MON,
Porter of Burlington, Robic, Roberts, Robbins,
Rogers, Russell, Seward, Simpson, Smith OF
Alma, Smith of Auburn, Smith of Cornville,
| Smith of Hampden, Sprague, Stackpol Standlsh,
OF Eusts, Stone, Storer, Strickland, Srout, Towne,
! Wadsworth OF Gardiner, Watt, Wardwell, War
rem of Denmark, Wentworth, West, White, Will
lard, Wilson, Winslow, York-ll3.
NAYs.-Nlessrs. Babbidge, Ballard, Bowers,
Chase of Bridgton, Haynes, Hobson, johnson,
oanborn, Shepherd, Standsh of Flagstaff, Slower,
| Wadsworth Of Manchester Woods-l3
SO the report was recommitted with instruc-
tons to report an amendment.
Bin an act 10 amend sec 6. chap. 100, of the
public laws of 1876, TO authorize the formation
of railroad corporations, came up on its passage
to be enacted.
Mr. CLEAvEs of Portland said the act sought to
be amended was the general railroad law, and the
amendment provided that no railroad under the
act should be located and built, running in the
same general direction OF any other railroad al
ready built or in process OF construction, within
ten miles of such other railroad. He considered
I this unwlse legislation. Under the amendments to
the Constitution the leg stature by general law,
authorized the formation of railroad corporations,
after careful and mature elaboration by gentle
men conyersant with the practical operations Of
railroads. That law provided, substantially, that
where the best interests of any section of the
State required railroad to be constructed a cor
poration might be formed, and that the location
should be submitted to the railroad commission
ers and if they decided that the interests of the
public required, then the commissioners should
lay ont such railroad and the corporation should
90 on and construct it, provided that they should
not cross tide waters without permission Of the
Legislature, and this proviso wise, because
according to common law, and by immemoria
usage all the navigable waters of the State are
free to all of its citizens. The legislature, careful
of the rights of all its citizens and the commercial
interests of the state retained that power in itself
But it gave the railroad commissioners the righ
to locate a railroad any where in the State if de-
manded by public interest, even if it did 20 within
ten miles OF parallel road. And why was the
bill now before the House Had anything trans
PRED since the law of last winter, to show that
the railroad commissioners not competent
or that they are not impaItals The bill pro
hibits any railroad going within ten miles Of
parallel road Oh running in the same general d.
rection Pass it as it is, and it raises question OF
law. whether or not any railroad corporation car
enter any town or city in this State if any Other
railroad goes in there. lie believed in compet.
ton in railroads well as in any other business
He was opposed TO diyesting the railroad commits
soners of the authority they now possess in the maj
ter of locating railroads. 1t was a subject within
their peculiar knowledge. 1t was true
the legislature could grant charters but the OBJ
ject of the general railroad law was to remove
the subject from the legislature and leave il
where it now is. He then moved the indetnit t.
postponement of the bill.
Mr.. HAYNES thought the gentleman from Port
land (Cleaves) attached rather more consequence