The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-01-18
Report of the ATTORNEY General.

Report of the Attorney General.
The report of Attorney General Cleaves has
been submitted to the Governor and Council.
The first subject discussed is taxation, and on
this topic the report says:
The legislature of 1880, having in view
more equal distribution of the burdens OF
taxation, and believing that fairness and
equality required the imposition of reasona-
BILE assessment upon corporate wealth, and COR
porations doing business in this state, thereby
compelled to bear their fair proportion of the
public burdens, passed several acts relating to
the subject, calculated to secure new sources
of revenue. The subjects embraced in the
different states were railroad corporations,
telegraph and express companies.
These artificial persons, created and doing
business in this state by authority of the legis-
lature OF Maine, have property extending over
considerable portion of its territory, and
should pay their Just and equal proportion of
the expenses of the government which grant
ed their privileges and guarantees to them
security in the exercise of their rights and en-
joymentaof acquired property
In nearly all the states of the Union there
has been difficulty in devising method for
taxing property of this character, which, in it's
application, would be equitable towards the
corporations, and secure to the state such
portion OF its revenues as should be realized
from such source. The systems adopted by the
stances serious obstacles have been encounter
ed in the practical application of specific
statutes. The act of 1880 called for new
method OF assessing the railroad tax. The
Governor and Council in applying the law
were without the aid of a judicial interpreta-
ton, but in the performance of the difficult
and arduous duties assigned under the provis-
ions OF the statute, there was manifest deter
mination to deal justly and administer the law
impartally.
By virtue of the statute authorizing the as
sessment, the tax against the various railroad
companies not exempt therefrom by their
charters, became due, one-half on the first day
of July last, and the balance on the first day of
October following. sCertain companies having
declined to pay the assessment, claiming that
the act under which the levy was made, was in
contravention OF the constitution of the state,
suit was at once commenced against the Maine
Central Railroad Company for the first install
ment, returnable at the October term, A. D.,
1880, of the Supreme Judicial Court in Cum
berland county. Under the rules of procedure
in the Supreme Court the case would not be
reached for trial before the January term fol-
lowing; and questions of law arising, it would
not, except by the consent of the defendant
corporation, get before the full court for deter
mination before July, A. D., 1881. The Presi-
dent of the Maine Central Railroad Company,
Hon. George E. B. Jackson, and Messrs.
Drummond & Drummond, counsel for the
company, expressed desire that the validity
of the act should be speedily determined, and
consented to make up case in which the con-
stitutionality of the statute should be the sole
question submitted; the regularity of the pro-
ceedings of all state officers in the assessment
of the tax, being admitted. The case is in
order to be argued and submitted to the court
for determination.
Suits have also been commenced against the
Boston & Maine Railroad. and Portland, Saco
and Portsmouth Railroad Company, for the
recovery of the tax assessed against them.
The principal portion of the tax assessed up
on telegraph lines, is against the Maine Tele-
graph Company, the International and Wes-
tern Union. The lines of the Maine and In
ternational are under lease to, and operated by
the Western Union. The tax against the
Maine has been paid, but payment on the part
of the International and Western Union is re-
sisted. Suits have been commenced against
the two last named corporations returnable at
the January term of the Supreme Court, Cum
berland county.
LIFE SENTENCES.
At the March term, A D. 1880, of the Su-
preme Judicial. Court in the county of Knox,
Hannah Thorndike was sentenced to the State
prison for life, for the murder of Honora Sulli-
van. The crime was committed on the second
day of October, A. D. 1878.
James J. Norris, of Bradley, in the county
of Penobscot, was murdered ON the night of
November Z, 1879. AT the time of his death
he was treasurer of the town of Bradley and
held the position of clerk and treasurer of the
Cutler and Eddy Saw Mill Company. He was
gentleman of great responsibility, of excel
lent business capacity, and enjoyed the conf
dence and esteem of the entire community,
The murder was committed in the evening.
while Mr.. Norris was returning from his place
of business to his boarding house. The cir
cumstances attending the commission of the
crime were most brutal and barbarous. The
entire community was shocked, aud feelings OF
alarm pervaded every household. Prompt and
efficient measures were at once taken by
officers and citizens for the discovery of the
parpetrator of this inhuman offence, and sus-
picion was directed toward one Joseph Bolduc
a Frenchman, who had previously been in the
employ of the deceased. Bolduc was arrested
at Newport while endeavoring to make his es
cape to Canada; was returned to Bangor and
committed to await the action of the grand
jury. An indictment against him was found
at the term of the Supreme Judicial Cour
held at Bangor in February, A. D. 1880. The
respondent pleaded guilty and a life sentence
in the State prison was imposed.
Jason Scribner, in October, 1879, at term O
the Supreme Judicial Court held in the county
of Kennebec, was convicted of the murder O.
his child and sentenced January q, $780, tt
imprisonment for life.
At the last September term of the Superio
Court in Cumberland county, James M. Lowe
was sentenced to imprisonment and hard labo
in the State prison for the term of his natura
| life. He was adjudged guilty of the murde
| of his own brother
Jennie Fraser, indicted at the January term
1880, of the Superior Court for Cumberland
nrlnfU for hn mi oa nj nnod
| at the September term following, to imprison
| ment for life.
In the case of Patrick Hurley, charged wit
| similar offence, the exceptions filed by tn
| counsel for respondent were overruled by tn
full Court i'll July last, and a life sentence wa
| imposed at the September term, 1880, of tn
| Superior Court in Cumberland county.
| Sarah Morrissy was sentenced at the sam
| term to Imprisonment for life for the murde
| of her infant child.
Tables are appended showing the decision
Of the full Court in the cases which have bee
carried to it; the number of prosecutions an
the offences for the year ending November LIST
the disposition and result Of the prosecution
during the year; the persons sentenced an
| their offences; the amount of fines and cost
as penalties; the amount collected and the COS
of prosecution; and the costs of prosecutio
! anu support Oh prlSonerS III jail. Ine Wuol
number of prosecutions during the year wa
| 1863 of which Cumberland county furnishe
290, Androscoggin ITO, Kennebec 191 and p
nobscot 106. The largest number in any on
Of the other counties was &C in York, and th
smallest IA in Lincoln and Franklin. Gun
berland, Knox, Penobscot and Somerset flu
nished one homicide each There was one al
son prosecution in Aroostook,2 in Cumbe
land, in Knox, 1 in Penobscot, and 2 in Son
erset. There was one rape case in Cumberlan
and one in Kennebec. There were 521 pros
cutions for violation of the liquor law, I
which Cumberland furnished 1872, Kenn
bee 119, Androscoggin 3d. Aroostook q, Franz
lin 1, Hancock 10, Knox 49, Lincoln 2, Oxfor
6. Penobscot Is, Piscataouis s, Sagadahoc 1
Somerset Is, Waldo 4, Washington II, an
York 20.
During the year 434 prisoners were convicte
and sentenced; 80 were acquitted; 1869 COZ
tinued for sentenced; 65 marked law; $50 n
|