Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-02-16

lst$Q1at III AHi VI uHtHtfAk q AAA8A Ia
Jerusalem township il Franklin county
Ola motion of Mr. Sprague Of Monson this
bill was laid on the table.
Resolve authorizing the land agent TO
sell AMI convey all the interest OF the State
of Maine in and TO lot - in Nero plauta-
ton
Resolve in favor of the city of old Town.
Resolve in favor of the city of Bangor.
Resolve in favor Of bloomfield academy.
Mr.. Shaw OF Bath offered an amendment
and on motion of Mr. Sprague of Meuson
the resolve and amendment was laid ON the
table and tomorrow assigned for its further
consideration.
PASSED TO BE EsAcrED-
An ac. to amend chap. Sc of the Revised
Statutes relating TO trustee suits.
An act relating TO procedure in equity
An act to extend the charter of the Bath
Street Railway Co.
An &C; to amend an act entitled IAN act
to incorporate the city of Old Town
An act to extend the charter of the
Brunswick Electric Railway Co.
An act in relation to the sale of blooded
stock.
An act to amend chap. III of the Private
and Special Laws of 1887, entitled IAN act
to incorporate the Dixfeld & Peru Bridge
Company"
An act to amend an act entitled ian act
to extirpate contagious diseases among
cattle"
An act additional to chap. 1874, Private
and Special Laws of 1891, relating TO the
taking of trout and land-locked salmon
from Anasagunticook lake in the towns of
Canton and Hartford.
An act to amend sec. IG of chap. So of
the Revised Statutes relating TO Judgments
against trustees.
An act additional to an act creating the
Dover and Foxcroft Fire Co.
An act to fix the salary of the county at
torney for the county of Lincoln.
An act in relation TO the collection of
taxes.
An act to authorize the Metallic Setting
Co. to change the par value of its stock.
CoMNrNicArIoN FROM THE EXECUTIVE.
STATE OF MAINE,
EXECUTIVE DEPARTMENT.
February Is, 1898.
Gentlemen ofthe House If Representatives
have examined the act entitled ian act
to incorporate the Auburn and Mechanic
Falls Railroad Company" and am con-
strained to withhold my approval, if for no
other reason than to afford the Legislature
an opportunity to give the subject matter
further consideration.
have given to its various provisions a
most careful consideration, for | observe
that the charter members of the proposed
organization are among the leading citizens
of the State, interested in its progress and
advancement. Some of its provisions do
no: afford sufficient security to the public,
unduly invade private rights, and are against
Sound public policy.
Permit me to call your attention to some
of the objections. The provision contained
in section ,, limiting the remedies of parties
injured in their person and property, to the
conditions and limitations in the general
Statutes applicable to towns, does not af-
ford sufficient protection to the traveller
upon "A railway. Highways are maintained
for the free use of the travelling public
railroads carry for hire and should not be
relieved, in their occupation of the streets,
from the ordinary obligations resting upon
carriers of passengers.
Section . provides that the provisions
of the thirty-first chapter of the Revised
Statutes, relative to the foreclosure and re-
'lemptiOn of mortgages, and the rights,
duties and Liabilities of bondholders and
trustees" shall be made applicable to the
bonds and mortgage deed of trust of this
corporation. 1t will be seen that the pro-
visions of the thirty-frst chapter of the
Revised Statutes have no reference to the
foreclosure and redemption of mortgages
ba Vii J,,tin. liabilities L
holders or trustees, but relate to dealings
between the principal, factors and agents
in mercantile transactions.
If this allusion to chapter thirty -one is II
clerical error, and Il reference was intended
TO chapter fifty-one of the Revised Stat
utes. " hicIl is applicable to railroads AMI to
the foreclosure and redemption of mort
cages thereon and the rights and liabilities
of bondholders and trustees thereunjer,
then it would seem to be intended to give
such bondholders and trustees the power,
in Ease of default on the bonds, to organize
us II railroad corporation, and still, under
other provisions of the hill, they are exempt
from the further obligations imposed upon
railroads under chapter fifty-on
Section 10 OF the proposed act authorizes
the corporation in carrying out its purposes
to take aud hold ''by virtue of the right of
eminent domain, any real or personal es-
tate or water power and privileges which it
may find necessary ard convenient"
While | have no doubt this power would
he wisely exercised under the management
of the promoters of this enterprise, the pro-
vision referred to is so broad and sweeping
in its terms that it might permit an unwar-
rantablc exercise of the constitutional pro-
vision authorizing the taking of private
property for public uses. The proposed
legislation would unreasonably ieopardize
the rights of private land owners AMI mill
owners and the possessor of water pow or
and privileges upon which industries may
already depend.
Section IS seems to lie somewhat con-
Trajectory of other provisions of the charter,
uncertain in its operation and involving
legal propositions the judicial determination
of which may iniuriously affect the inter
ests of the State and the people.
nder the provision of section |, this
corporation is authorized to '.construct,
equip. maintain and use a railroad with
convenient single and double tracks, 81 lie
tracks. switches, tarn-outs and stations
The board of railroad commissioners of the
State, is constituted the appellate tribunal
to review the decisions of the municipal
officers of any city or town, in respect To
any matters arising under this act. The
railroad commissioners constitute the board
10 determine the conditions on which this
railroad shall cross any other railroad
While this corporation is given even greater
powers than are ordinarily accorded to
steam railroads, yet We find in Section l3
of the act. the declaration that ''said rail-
road shall not be deemed to be railroad
within the meaning of that term as used in
the railroad statutes and public laws of this
State" While this section may not have
great force in law, it practically declares
this railroad with its extraordinary grants,
shall be railroad with all the rights and
privileges whirh our laws guarantee, and
still not he railroad, but exempt from
those provisions Of law that provide for the
safety and care of the travelling pnbiic upon
the railroads of the State.
Or if the purpose he to ,lccllre this to be
only an association, to enable the corpora
tors to run street railroad as they might
run a stage coach or an omnibus for private
advantage and free the corporation from
the obligations of railroad as common
carriers, and its duties and obligations to
the public as a railroad. then it seems to
be Use, if not unconstitutional, to grant
to such organizations the exercise of the
States right of eminen. domain, expressly
reserved by our constitution, for public
purposes.
The declaration, contained in section II
Of the bill, that the object of the corpora
ton cannot he attained under the general
laws relating TO the organization of railroad
corporations, seems to invade the province
of the judicial department of the State, AMI
apprehend would not be regarded as con
elusive.