Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-03-15
Abstract OF Remarks OF Senator Haines
OF Kennebec.

In the Senate Friday, March sth, the
question under consideration being his mo.
ton To amend bill an act amendatory tc
section rs. chapter IL, of the Revised
Statutes, and additional to said chapter re.
lating to railroad commissioners. being
House Document No. 2s7.
Nix. HAINEs proceeded to explain in detail
his amendment, which he said proposed 4
system by which board of railroad com.
missioners shall stand rs an arbitrating
power between the people aud the railroads
in the matter of what is just and reasonable
and unjust discrimination. Much complaint
he said, had been made on the part of the
people and the railroads with reference to
the present board, and they hal come to dis
trust both the ability and the fairness of that
board in the management of railroad matters
It is now admitted on all hands that there
should be change, The board should be
dignltied with more ability and independence
and with that object in view he had drawn
his amendment, differing in some respects
with that provision in the bill. a material
difference being that the salaries from the
State to the commissioners shall be levied on
the railroads in the form of tax
The question of unreasonable charges and
unjust discrimination on the part of railroads
was one that went to the railroad committee
the first week of the session. He had APP
peared before that committee and stated
what he understood TO be the injustice prac-
ticed by railroad corporations, and instead of
being met with facts from railroad man
ayers who knew something about the matter
he was confronted with the crv of "dema-
gogue' and political AMBITION" from two
railroad attorneys eminent in their profes
sion, and who for the last % years hav e
made railroad laws for the people, until our
statute book has become monument to their
industry and ability. The gentleman from
Portland who sells SO 900 worth of brains a
year To railroad companies came in with hi.
cry of "demagogue" to dispose of the balance
on hand tn the railroad committee He cared
not for the insulting insinuation because he
had behind him the people in this matter
This question was not to be determined upon
the cry of monopoly" or ''demagogue, "
but upon what is just and reasonable to the
people. aud he would ask those two gentlemen
who had been the only representatives in
railroad matters that the people had had for
years, whether they were not willing To meet
the people on those two words. Just and red
soHdbte2 He understood they were but the
difficulty was that they wanted to place their
own Interpretation upon these terms He
had been called crank" in this matter, yet
England early as in 1915 enacted statute
to regulate fares, and in substance the same as
that asked by the people of Maine today, and
making it more effective from time to time
until they have at last gone to the extent of
placing upon railroads the burden of show
ing that their charges are not unjust and unrea-
fu nj &c tb.,S a,e.,
great West have also enacted laws of similar
nature, and Congress, the interstate com.
merce measure. The railroad magnates OF
this country denied that legislatures had
any right to control railroad matters; but it
has been we'll and fully settled that when
private property is dedicated to public use,
as in the case of railroads, legislatures do
have the right to control, unless specially
provided by the charters to the contrary
Legislatures have the right to control subject
only to the earnings of the railroads. They
have no right TO 90 in their legislstion to the
point of Gripping q corporation.
And how do the facts stand in Maine? He
did not desire to argue the question in the
spirit of prejudice which it is we'll known
exists in the community. We know that
there is prejudice existing, and the people
have gone so far as to distrust the Legislature
in railroad matters. The legislature OF
Maine when it touches railroad bill does
not have that degree of confidence of the
people that it ought TO have. He had heard
this talk almost every day upon the street.
and that the railroads owned the legislature
But they do not own it, He had more con
idsnce in it than is generally found among
the people, and believed it would correct this
evil and place the people right in the matter
With reference to the reasonableness o.
his amendment, he said that under our stat.
utes the commissioners stand as the arbitrat.
ing power between different railroads to pre-
vent unjust discrimination against each
other, and was it not also
a safe and wise law to have them stand he.
tween the roads and the people? If it was a
good law for the roads, why not a good one
for the people: Are the people of less i'm
portance than the railroads? All his amend
ment provided for was that the people should
have what is Just and reasonable. and tina,
there shall be no unjust discrimination.
which is but An expression of the common
law. And is it not right that the legislature
should give expression to that principle. As
3 common law principle it is of no prae icsl
utility to the people, because. while an az
grieved party may bring his action for dam
ages and recover after going through the de-
tsils of trial, yet nothing is settled for the
future. The bill provides that upon the Pc
stion of % citizens the board of commission
ers may, if they think there is Just cause for
complaint, issue to the railroad offending a
notice OF investigation. Will any railroad
say they are unwilling to meet these CON-
missioners after it has been determined that