The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1893-01-18
CONCERNING SPECIAL AND PRIVATE
LEGISLA

CONCERNING SPECIAL AND PRIVATE
LEGISLA ELON.
To the Editor of the Press:
presume that it struck most people. as it
certainly dld me, that the resolution offered in
the House by Mr.. Woodbury. OF Deering in ac-
cordance with a suggestion in the Governors
inaugural instructing the legislative commit
tees to report untayorably on all proposed
special legislation where the objects sought
can be obtained under the general laws. was
most innocent aud harmless even if unneces-
sary measure. 1t seemed to be a lit like of
fering to enact an axiom or to affirm part OF
the moral law.
But infer from an editorial paragraph in
this mornings PRESS that the res luton has
really encountered somebody's opposition.
What can the reason be? Resolution got
some teeth to it after all? Any nice little
schemes on foot that might be interfered with?
ANY cat in the meal? Or what?
ANXIOUS INQUIRER.
The editorial paragraph referred to
was called out by the following editorial
in the Evening Express of Monday:
The resolution now on tie senate table in
Structing legislative committees to bring in
unfavorahle reports in certain cases is certainly
a very unnecessary proposition To say that it
position that Governor Cleaves took in his ad-
dress was one that could not be misunderstood.
No special favors were to be granted to any
man or body of men i'll order that franchise
might be held for a series of years and then
disposed of with no good coming to the people
rom it,
The governor had no thought of treating
speculative schemes and proposed business
enterprises as of exactly the same character.
No man in the state will himself do more to
forward a legitimate business enterprise than
Governor Cleaves. The resolution does not ad-
init of a hearing on the part OF the committees
as to the nature OF ii proposition made. Inere
is every reason to believe that the memDers OF
go os houses they le know his u VS. and they
respect them SO as soon as " snai ap ,pet;s,
that petition is asking for favor me grantlhhg
of which would be contrary to the splrlt OF .li9
constitution, that minute it may be depenaea
upon that any committee will take acEon uiliav-
CRADLE to it, The men who make up inc com,
mittees know their business. Iney 40 noI ised
a schoolmaster to say that in certain speclned
cases they shall do certain things. Inc peoplee
have the right of petition Ihelr pettions rsIao
be received and tf fea tn;n mnsi contrary
to the common well-being let tLe d nan
come in Sef-reSpectlng manner: ditel d .4tl,
ing has been had and the merits OF thn and
carefully considered by competent men. anu
not shut them out beforehand; VIII an ar
nouncement that the committee Is ncomP satne
to pass upon the 1tlon before II anu arSs
the whole body must Interfere. In other Worus
let the committee do the work they are ASSIGNED
to do, and let the consideration OF al quesuons
come before the legislature Dackeu ny .n th inn
ture Judgment of ten men chosen to give tnem
special consideration. Gag rules Will hosoi w
popular IN Maine.
AS there is no other resolution before
the legislature which answers IN the
slightest degree the description above
given, there can be no doubt but the one
offered by Mr.. Woodbury. of Deering IS
the one herein condemned. AS it seemed
to us that Mr.. Woodbury's resolution
was perfectly proper one and was not
deserving of the severe rebuke here ad-
ministered to it, and through 1T to him,
we took occasion to say so. 1t is talr TO
assume that the EXPRESSES criticism OF
the resolution was based on pubic
grounds merely, and until the contrary
is shown we shall accept that as fact
1t is little curious, however, that after
warmly commencing Gov. Cleaves's rec
ommenda ion in regard to private and
special legislation and for two years
limit to special franchises it should SO
soon be found violently attacking reso-
olution simply designed to put those
recommendations into practice. The
Express says the position which Gov.
Cleaves took could not be misunder-
stood. That is true. Yet the Express
seems to have misunderstood it mas
much as it intimates that in his recon-
mendation ne Disseminated between
schemes that were speculative and
what the Express calls ''business enter
prises." The language of the Governor
with regard to the duty of the legislature
respecting companies that might be
organized under the special law was as
follows:
careful examination of the laws of 1887,
1889 and 1S91 discloses the fact that more
than 450 pages in each volume are devoted
to private and special legislation; and a large
portion of such legislation relates to business
corporations. for the incorporation OF which
ample provision existed under the general laws
of the State at the time of granting such charters
The Constitution clearly and Enthusiastically pro-
hibits the creation of corporations by special
acts of the legislature except for municipal pur-
poses, if the objects can be attained under
the general law. We should all const ,ntly
bear in mind and fnls ub pn ali appIca
lions for special charters, first consider
and determine whether the objects desired can
be attained under the. general laws OF the
State. If they can. the time of the legislature
should not be consumed in their consideration,
nor should the general public be subjected to
the constantly lHcT6dSlHS CAPOuoO p.uOLuii5
legislation of this character. Ii the objects de-
sired cannot be attained under the general law,
and are subjects of special legislation it VIII pc
YOUR pleasure to give the measures full consid-
Grafton. Proposed legislation Of this nature
should before final action thereon. have the
careful examination of the law officer OF the
State, and the attendance of the Alto ney, Gen
eral upon the legislature at stated tlmeS curing
the session is desirable and recommended.
There is no distinction here between
speculative schemes and business en-
terprises Indeed, it is made absolutely
certain that he included the latter as
we'll as the former, inasmuch as at the
very beginning he complains of the grea'
waste of time by former Legislatures from
legislation relating to business corpo-
rations. Furthermore. he says the con-
stitution "clearly and Enthusiastically pro-
hibits the organization of corporations
by special legislation, except for munich
pal purposes, if the objects can be at
tanned unler the general law" 1t will