Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-02-17

Il
more than per cent of its valuation There
/, A difference of opinion on this point and IN
all questions OF doubt il becomes the legIsia-
ture TO move cautiously. We have JUST
passed a law that the cities along the knox
and Lincoln NAV negotiate their bonds At
lower rates of interest. Can Rockiand nego-
tiafe its bonds better when divided: We are
using every means to relieve ourselves from
this heavy debt: until re DO so DO not scpa-
rate US. Then if Ward mast 60 let Them
There is no need of division l know the
people and their business and speak under
standingiy. :,
Shall the bow who has climbed that rugged
old mountain in pursuit of pleasure, or sailed
his boa, on that beautiful lake. be taught that
il il his home no longer! Must our sleep
ing dead, who repose in yonder graveyard.
hereafter repose in another municipality
No. gentlemen, you cannot, You Will not do IL
Mr.. WALLER said he wished simply to pre-
sent the legal aspect of the question. 1t had
,Jerolved upon him TO sit and hear the cause
presented to the committee. He had done 50
with all the dispa ssionate Judgment that was
consistent with human nature. and such as he
had used in anv other tribunal where he had
determined a cause. II is As settled law as the
ADJUDICATION of many cases can make II, that
there exists in this legislature, in this co-of-
dinate branch of the goyernment..he absolute
power to divide towns and apportion the debt
as between the parent and the new town. Let
us gather first the precedents established by
the decisions of the court. He cited IN sup
port the Is Me. North Yarmouth vs.. Skill
iings. The l. S Supreme Court year since
decided in a case-Brookings VS.. Pensacola
that the legislature is the supreme authori-
ty Of the State as regards the division OF
towns AMI the apportionment of its
debt. That is the law OF the land
and courts of to-day. There may
be a single variation. whether individual
property may be held responsible for the
debt, The Albany Law Journal treating
Of this subject, says il is an established rule
in New England that individual property
should be held for town indebtedness. This is
the law of the land. and are we TO be held in
in allowance unless satisfied We are
wrong by judicial authority: Are we
10 stop now because an amendment
to the constitution says no city or
town shall be formed which has a debt of five
per cent of its valuation? As to the gist Of
this amendment. he considered it as plain as
anv judicial decision OF the L. s. After a
careful examination, he had the highest
authority to say that this amendment was one
relating TO municipal Indebtedness. nor
was it designed to affect or impair
the power and the right of the leg
slature to divide a town and cquitably
apportion its legally subsisting debt between
The parent and the new town. whatever the
amount of such debt was. Had not this leg
Slature exercised this power! Yes. All
along through the history of the State it has
been exercised so frequently ''that a wayfar
ing man though fool must have been aware
Il. toI Nh. Hha
constitutional amendment of -, neither in
spirit nor intent Questioned the powe of the
legislature as il had used it for sixty years.
Mr.. MoRrLAND-Does the amendment ap-
plv to cities and towns alone:
Mr. WALKER-Preciseiv and does not in
fringe on the power of the legislature. That
this question NAV be settled hereafter. he
would offer an amendment # the minority re-
port was not accepted. The pupoft of the
amendment would be, if division occurs, if
Ward neglected to paw into the city her
proportional share, the city of Rockland
should have the right to collect this "a though
no division had occurred.
Mr. BERRY said he wished to speak as to
the honesty of the committee in dealing with
this question. They had considered it at
great length in public hearings and in their
private consideration of the matter. If mis-
led bv anv evidence it was not their fault
This case had been before the legislature now
for three years, and like Banguo's ghost
would not down. The Senator from Knox
asked what had been the course of lcgisla-
ton previous to this on such subjects,
and points out that Thomaston had been di-
vided three times. This is an example Of
previous legislation.
This question cannot be settled nv the
70, itsnIf. th.y hal rourl, Time nd
money to urge this decision. This fact
should be taken into consideration. Ward
now pays 5000 taxes for CITY expenses
If she were town she could live on a $1,000
tax, thus saving $4,000. Would not this les
sen the rate of taxation for that property
owner out of the ward. The area of the CITY
is 10000 acres and ward has 5000. If sep
arated the city would have 20O0. as much rs
the city of Portland and no one calls that
city a mere spot This question can only be
settled by decision of the legislature.
Mr.. CLARKE said He had come here pref.
udiced in favor of division, but rs a represcn-
tatve of the county of Lincoln he could not
vote for division. That county had become
indebted ut the same time as Rockland. and
if anything should happen to impair the credit
Of the debt in Rockland it wonld sweep along
the line of the Knox & Lincoln like a confa-
grafton. He thought the Senator from Knox
Mortland had shown conclusivelv that d.
vision would impair the credit of the city of
Rockland. He did not believe that the legs-
lature could form town with debt of five
per cent. If it could legalize such division,
then the amendment was of no effect and
should be struck out
Mr.. PATTANGALL sad: He spoke with diff
dence and at the risk of being called fool
lie thought that all senators were equals