The Portland daily press., 1879-11-04
The Mayor read the following veto Ii

The Mayor read the following veto message:
PORTLAND HORSE RAILROAD.
To the city Council of the City Of Portland:
On the sixth day of October last the City
Council passed the following order:
Ordered, That sum not exceeding 81 200 be
appropriated on the part OF the city as its in
terest in the extension of the Portland Horse
Railroad, Congress street line, to the junction
of Congress and Lowell streets; provided the
above sum of 81 200 is raised from sales of UNI
improved real estate of the city, and SO appro-
priated in the order to sell; and further pro-
vided that like amount is subscribed and
paid in by the citizens
This order originated in the Common Coun-
Gil. Towns and cities are organized by the
Legislature for the purpose of promoting GER
tain public interests. Their powers are all de-
fined and limited. To maintain schools,
streets, sidewalks and bridges, fire depart
ment police, the poor, and the public health,
are the general purposes Of the organization.
In aid of these and such incidental powers as
are necessary TO carry out these general pur-
poses cities may raise and appropriate money:
Beyond this they cannot go without. special
authority from the Legislature, as has been the
case il aiding railroads, and then the authority
was upon the conditions that the legal voters
of the city should first, by amajority, or a two
thirds vote, consent to the proposition.
By city charters extraordinary powers are
sometimes conferred to meet local or Temporal
ry wants. The order proposes to take from
the city treasury $500 arising from the sale OF
the city's unimproved real estate and give it
to the Portland Horse Railroad to aid that cor
poration in extending its track from its pres
ent terminus on Congress street to Lowell
street.
I find no authority for the appropriation in
question, either in the city charter, or in any
special or general act of the Legislature of this
state.
Still less is it warranted by the financial
,pfth In or ic nod pf hn
money we can raise by taxation, and the in
come of the city's property to pay our debts
and meet current municipal expenses. Ii we
would be just and honorable we must pay our
debts before we give away our money. If we
would be loyal we must heed our const tuition
al and chartered limits. l, therefore, return
the order to the Common Council, the body in
which it originated, without my approval.
GEORGE WALKER, Mayor.
The veto message was discussed at consd-
cradle length in the convention and after its
dissolution in the upper board the matter of
tae extension to the horse railroad was laid on
the table, and IN the lower board indefinitely
postponed.
The Mayor presented the following in rela-
ton to the Deering Oaks:
DEER1NG OAKS.
PORTLAND, Nov. 3, 1879.
To the City Council:
By an order passed Sept. 25th last, the City
| Treasurer was authorized to receive from the
heirs of the late James Deering, title to one
| half undivided Of the real estate known as
| Deering Oaks with certain reservations and
| restrictions, upon paying to one of the heirs,
| VIM. Ii. Fessenden, the sum of $1,500; also to
receive a like title to the other half of the
| Oaks from the heirs of the late Mary Preble
upon payment of the sum of $1,000 to them.
| AT that time, to wit, Sept 25th, the only pro-
position on the city files from the Preble heirs,
was that they swould convey to the city their
undivided interest upon receipt of $9,712.25,
| being the present value of 81 900 per year for
| Is years without interest. 1t will be seen that
the sum authorized to be paid by the City
Treasurer and the sum proposed to be received
by the Preble heirs was less by $2,21225 The
| Preble heirs decline to accept the 81 800, but
will convey upon receipt of $1,000, in addition
to the 81 500 or $4,000. If therefore the city
would have title to the Oaks it is necessary
| that the city government should authorize the
| CITY Treasurer to pay the Preble heirs 81 sos
more and provide for the raising of the said
| sum. UEo. WALKER, Mayor
How this was settled in the two boards ap
| pears elsewhere in this report.