The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-01-04


OFFICE OF ATTORNEY GENERAL.
The Attorney General reports that the suit
brought by him in 1876 for the recovery of the
state tax assessed upon the Maine Central
raiiroad company for 1875, and argued upon an
agreed statement of facts before the Supreme
judicial Court of the State, has been decided
IN favor OF the State by that court and that
the cause has been carried by the company to
the Supreme Court of the United States on a
writ OF error. Tha case cannot be reached if
the regular order of the docket be observed, in
less than two years. Under a statute of the
United States permitting the preferment on the
docket OF case to which State is a party,
upon showing sufficient reason, motion has
been entered and argued for an earlier hearing
and the counsel for the company has expressed
his willingness that it should be had The mo-
ton now awaits the action Of the court. II is
plain that the Attorney General has done all
IN his power to bring his suit to an end and
that the counsel for the company has generous
ly seconded his efforts.
Actions have been brought against the Allan
tic % st. Lawrence and the Newport s. Dexter
railroad companies for the arrearages of State
tax due from them, and it is presumed that
both cases will be argued and determined at
the next law term.
Three trials for murder have occurred within
the year. Iantbe Morgan and her sister, Mrs.
Sopbronia j. Libby, were found guilty of
murder in the second degree for taking the life
of the infant child of Ianthe Morgan, and
S6ubebCeu 10 1GprlSODmeQG I0r lie. isaac n.
Cox fourteen years of age, was found guilty
of mauslaughter for killing his father and
sentenced TO six years imprisonment. Edward
M. Smith was found guilty of murder in the
first degree for the murder of Melissa T. Thayer
at BuckspOrt in October, 1876 In the latter
case motion in arrest of judgment was argued
at the June law term, and the decision has not
yet been rendered.
In the two cases first mentioned the charac-
ter aud condition of the guilty persons and
fta dkO hi,
such that indignation must be tempered with
pity in the minds of all acquainted with the
facts. The murder at Bucksport was undoubt-
edly an act of unrelieyed atrocity. L will not
undertake to discuss the relations of the law
abolishing the death penalty to crime but L
desire simply to express anew my firm belief
IN its humanity and wisdom. Since the passage
of the law there has been but single instance
of conviction of crime in which the penalty is
affected By it.
eral are entitled to your consideration as the re-
suits Of the experience of an officer whose connec-
ton with the subjects to which he refers, gives
him the best claim to be heard. / am com
PEELED, however with great Difference to his
opinion, to withhold my approval of his propo-
siton to do away with coroner's ipquests, and
to substitute therefor some other mode of in
vesigation. La addition to the primary func-
tions which the coroners' inquest performs ia
ascertaining the guilty and causing their imme-
diate apprehension, and incidentally in exon
Grating those upon whom suspicion Is cast by
the community, the spectacle of a public
formal and instant inquiry into the manner Of
a death supposed to have been caused by vio-
lence exercises most salutary moral influence.
1t affords palpable evidence of the care of the
State for the lives of its citizens aud of the
promptness and zeal with which it seeks to
discover and punish the guilty and tends thus
to heighten respect for human life and to deter
from the crime of taking it. The Attorney
General also refers to the great cost of ''expert
testimony" in criminal trials, and raises the
question whether economy aud the purpose for
which such testimony is given, cannot both be
subserved by providing by law for the Impair
tial selection OF single expert witness in any
trial where the testimony of a witness of that
character is desirable. is for YOU to consider
whether such limitation is expedent and in
accordance with the liberal spirit of the con-
stitution towards the accused.
THE LAND OFFICE.
The land agent PAID into the treasury for the
year ending November 80. 1877, on account of
permanent school fund, $4,000 81, on general
account Sc, 6,80046, on account of reserved lands,
$503 76 Daring the same period 20,30O 66
acres of land were conveyed, 11,97041 acres
were contracted to settlers, and seventy-seven
islands sold by him The number Of acres un.
der contract to actual settlers at the close of the
year was 112, ,805.04 The number of acres of
settling lands remaining nnsold was 19, 567 80.
The original plans and field notes of early
surveys VI NdIlUUS pOIblOu5 Ol Gn6 OtdCo, lOf
many Of which the State is greatly indebted to
Hon. A. w. Paine, who obtained them from
the State officials of Massachusetts, have been
carefully mounted and substantially bound in
volumes so indexed as to make their contents
readily accessible. These plans have great his
torical value and interest, and are of permanent
practical use in determining questions of title
and preventing litigation. 1t is matter for
congratulation that they have been rescued
from destruction and oblivion, and put in order
fNrv, -trofi md Of L., =
has employed no clerical aid the past year By
direction Of the Governor and Council be en-
gagged gentleman, skilled in this speciality to
assist him in mounting and preparing the plans
and field notes for binding. and he had the SER
vices OF the messenger of the Governor and
Council from time to time. The dates devolv-
ing upon the land agent are still many, multfa-
rious and ditiicolt, and will undoubtedly remain
SO for some years. 1t is probable, however
that they would continue to be we'll discharged
and that saving of expense TO the State would
ba secured 10 process of time, if not Immediate
ly, if the office should be abolishedas separate
department. and lis duties imposed on some
constitutional officer of the State. 1t has been
the object OF the Legislature for some years to
effect this consummation at the earliest practi-
cable moment, and the efforts of the executive
department have been steadily directed towards
fastening it. II it be your pleasure to discou-
tinue this office, respectfully suggest that the
Secretary of State appears to be the proper off,
Ger to be invested with authority to conduct it's
business. That officer is required by the con-
stitutiOn to perform any duty that may be i'm
posed on him by law, and he may therefore be
required to perform that duty. If the other
business of the land agency could now be
brought to close, the custody of the records
would devolve by right on the Secretary as the
constituted guardian of the records of the State.
His appointment at the present time would
therefore bs in part but the anticipation of
result which would be reached in the ordinary
course few years hence. If you should adopt
this suggestion and merge the land agency in
the office of the Secretary of State, additional
clerk would be required by that Office for the
present year at least
1t has been an important part of the business
of the Land Office for many years to attend to
the obligations imposed upOn the State by the
treaty of Washington, in regard to settlers on
the disputed territory. The Legislature of last
year referred the question of the duty Of the
State towards settlers whose claims have not
been queted, to the Attorney General, for in
vestgation, with direction to report to the pres
ent Legislature.
SAVINGS BANKS.
1t appears by the report of the bank examiu-
er that the number of savings banks in the
State remains the same as last year. OF the
sixty-four banks in existence at the beginning
of the year, four were then in process of closing
their affairs, and are now in ths hands of re-
celVers; three others that had been reported in
solvent have since been reinssated by the court
But one bank has been discovered to be insolv-
ent the past year, and that to comparatively
slight extent, SO that it will undoubtedly be au
thorized to reduce its credits to depositors to
sufficient amount to balance the shrinkage in
value of its investments, and continue business.
The deposits of the sixty banks in operation
on the fifth day of November last amounted TO
$25, ,092 67265 The total decrease of their de-
posit5 the past year was 81 ,633, ,29S.07 and was
caused to a large extent by the withdrawal Of
deposits Of over So, ,000.00 upon which the pay
ment of dividends is prohibited by the new law.
Other depositors of large sums were no doubt
induced, by the limitation Of dividends to two
and half per cent semi-anDually, to with
draw their deposits and seek moro profitable
investments elsewhere These facts should not
be left out Of sight in accounting fer the de-
crease. The law has virtually compelled and
induced the withdrawal Of a class of deposits
which has no claim to the protection Of the saw
ings bank.
The year has been 30 unfavorable 10 the de-
positoTs of small amounts, the surplus earnings
of their labor, that so far from adding to their
deposits they have been obliged by the hard
ships of the time to consume the aocumua-
tions of former years. The decrease of deposits
in periods Of stagnation in business and mac
tivity in those pursuits upon which labor is de-
pendent, indicates clearly that savings banks
are confined to their legitimate objects, and, as
the Examiner justly remarks, illustrates their
beneficent office more vividly than the incre-