Daily Kennebec journal., 1881-02-03
MAINE LEGISLATURE.
SENATE.
WEDNESDAY,, Feb. 2.


Papers from the House passed in concur
renee.
A message was received from the House
stating that in the absence Of the Speaker.
Hon. s. c. Hatch was elected Speaker pro
tenn.
On motion of Mr.. PAEcHKR. the order
that the Committee on Legal Affairs inquire
into the eIpediency of repeating the present
tramp laws, was laid on the table.
On motion of Mr.. BIsBEE. the order direct
ing committees to report finally on or before
the 18th inst, was amended, by striking out
all after the word finally, and inserting there
for the words '.as soon as practicable, using
proper diligence"
On motion of Mr.. MoRILAsD, the petition
of J. II. Goudy ct ais, for authority to build
wharf in Damariscotta river, referred to
Committee on Interior Waters. was amended
BY referring 10 Committee on Commerce.
Mr. MoRTLASD, pending the passage TO be
en9rossed Of an act to repeal sec 81 of chap
239 of the acts Of 1880, and to amend sec. Sc
Of chap. ~ of the revised statutes, relating to
the report of the Insurance Commissioner.
thought that section 3, which reads This act
shall take effect when approved should not
be affixed to any public act. and moved that
this section be stricken out. The motion was
carried, and the bill as thus amended passed
to be engrosse,l.
Mr.. MoRTLAND. for the same reasons.
moved that sec. ? Of an act to amend sec. 10,
chap. 3 Of the revised statutes relating to
city ordinances, which reads the same, be
stricken out. The motion WAS carried and
the act passed to be engrossed.
On motion of Mr.. MoRTLASD, pending its
passage tobe engrossed, an act to amend chap
l63 of the public laws of 1877 relating to lott
erng around railroad stations, was tabled.
amend sec. . chap. l05 of the private and
alewives in Denny's river, was taken from
the table, and passed to be engrossed.
On motion Of Mr.. CORNISH,
Ordered, That the Committee on Legal AZ
fairs be instructed to inquire into the eXpe-
diency of repeating chap. 1913, laws of 1874
and chap. 2ll, laws of 1877. relating TO clerks
of Judicial Courts.
On motion of Mr.. PARcHER.
Ordered, That the judiciary Committee be
directed to inquire into the expedency of fix
ing the fees of appraisers and commissioners at
q certain sum per day.
Mr. WALKER from the Committee on Le-
gal Affairs, on bill an act to repeal chap. l20
of the laws of 1879 and revise sec. ~ of
chapt. of the revised statutes, reported the
same ought not to pass.
! Mr. BIsBEE from the Committee on the
Judiciary on an act to amend sec. 2, chap.
Il6 Of the revised statutes relating to travel
OF Trial Justices and Justices of the Peace,
reported bill ought to pass. Amended by
adding "Travel on any official duty shall not
be taxed for over ten miles one way, and in
no case shall there be constructive travel
Mr.. PARcHER temporarily occupied the
chair.
Mr.. BEATTY from the Committee on Rail
roads, on bill an act to enable the Boston &
Maine Railroad to purchase the Orchard
Beach Railroad. reported in favor Of bill.
On motion of Mr.. LAMsoN, under the sus-
pension of the rules, resolve for the equta-
BILE distribution of the Geneva Award Fund
| TO all persons who were losers by depredations
| of confederate cruisers, received passage in
concurrence.
On motion of Mr.. BIsBEE, the Senate doc
ument relating to exemption of the Lew
iston & Auburn Railroad from taxation, was
taken from the table.
Mr.. BIsBEE said: I moved the tabling of
this bill because the Senator from Andros-
coggin Mr.. Dingley was absent when it was
called up in regular order of business. Aad
I wish to call the attention of the Senate to
certain provisions in the same In sec. . of
chap. 249 of the acts and resolves of 1850, we
find this provision ''and when said tax is
paid into the State treasury it shall be the
duty of the State Treasurer to credit to each
town in which shares in any road so assessed
were owned on the first day of April preccd-
ing such proportion of said tax rs such shares
bear to the whole number of shares of such
railroad company" If that law remains in
force the State is required to assess taxes.
then return a portion of these taxes to the
cities where any shares of the railroad are
owned Lewiston and Auburn own the en-
tire lire of railroad which is under considera-
ton bv this bill and under this law the entire
tax is returned to them. But ] understand
that petitions are before the Railroad Com
mittee, asking a repeal of this section which
have read. Accordingly it seems to me the
proper course for us to take is to await the
action of the committee on these petitions,
and not prejudge the matter by passing bill
which will anticipate the refusal of such petit
tions. would move that the bill be referred
to the Committee on Railroads, and that they
consider it in connection with the petitions 10
repeal sec. chap. 249 of the acts and re-
solves of 1880.
Mr.. DINGLEY. pending this motion said
can hardly see the reason for referring this
bill to the Railroad Committee The Sena-
tor from Oxford has partly explained the sec.
5. chap 249: vet | wish to add a few words
on that same subject. This section. which |
think is a proper one. brings the taxable
property of city or town under their imme-
diate jurisdiction. just as bank stock is
taxed in the town in which it is owned. II
q man in Bangor ownes stock in a bank in
Portland he is taxed for it in Bangor. This
places the taxation of the Railroad and that
Of the Bank stock in the same light. The
tax is returned to those cities in which the
stock is owned. Lewiston and Auburn
own this railroad just as private individuals.
II they pay this tax then as cities to whom
the tax belongs they receive il back again
j This Was the case until the Law was repealed.
/ Again under the provision of this section
they are forced to undergo the same trouble
and they simply ask that their Railroad be
exempted. that they may not be forced to
pursue this troublesome course-for it is
merely trouble,-the tax is paid into the
State Treasury and then returned to the city
again. and the only loss is the clerical trouble
of paying and re-pavng. II the Committee
on Railroads see fit to repeal this section of
acts and resolves of 1879, any action which
we NAV take on this bill will he repealed
thereby BY passing this bill you do not affect
any future legislation. only accommodate the
cities of Lewiston and Auburn and the pres
ent time. 1t is a very small matter and I
trust the motion OF the Senator from Oxford
will not pass.
| Mr. BtsBEE said; The Senator from An