The Portland daily press., 1893-02-16

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powers than are ordinarily accorded to
steam railroads, yet we find in section 10
of the act, the declaration that .'said
railroad shall not be deemed to be a rail
road within the meaning of that term as
used in the railroad statutes and public
laws of this state While this section
NAV not have great force in law, it prac-
tically declares that this ilroad with
its extraordinary grants, shall be a rail
road with all the rights and privileges
which our laws guarantee, and still not
be a ilroad, but exempt from those
provisions of law that provide for the
safety and care of the travelling public
upon the railroads of the state.
Or if the purpose be to declare this to
be only an association, to enable the COR
porators to run street railroad as they
might run a stage-coach or an omnibus
for private advantage and free the cor
poration from the obligations of rail-
road as common carriers, and it's duties
and obligation to the public as railroad,
then it seems to be unwise, if not uncon-
stitutional. to grant to such organiza-
tions the exercise of the states right of
eminent domain, expressly reserved by
our constitution, for public purposes.
The declaration, contained in section
IA of the bill, that the object of the cor.
poration cannot be attained under the
general laws elating to the organization
of railroad corporations, seems to invade
the province of the judicial department
of the state. and I apprehend would not
be regarded as conclusive.
In view of the great interest manifest
ed in legislation involving special char
ters, you will again allow me to call atten-
tion to the provisions of article 4, part
third of the Constitution of the State,
directing that .sThe legislature shall,
from time to time, provide, as far as
practicable, by general laws, for all mat
ters usually appertaining to special and
private legislation" This provision in
our constitution embodies the deliberate
expression of the people of Maine, and 1T
will be observed that it is positive, di-
rect and mandatory; and the duty is
enjoined upon us by this constitutional
declaration to confine legislation of a
private and special character to the mar
rowest limits consistent with the public
veal.
The constitution also provides that
Corporations shall be rmed under
general laws, and shall not be created
by special acts of the legislature, except
for municipal purposes and in cases
where the objects of the corporation
cannot otherwise be attained" If the
legislature deems the objects of those
desiring special charters and privileges
practicable, and existing laws are not
sufficiently comprehensive to permit the
accomplishment of the purposes desired,
it may provide the remedy by additional
public laws and thereby avoid the bur-
dens of private and special legislation
constantly increasing and pressing upon
its attention.
In obedience to the constitutional pro-
visions before referred to, former legis-
lature determined that it was practicable
to provide by general law for the organi-
cation of railroad corporations. 1t is
certainly desirable to provide by general
laws for the organization OF all ral road
corporations desiring to construct, main
tain and oper tie railroads for public use,
except, perhaps, where they cross tide
waters, the state having determined that
it will retain within it's control, jurisdic-
ton over all the tidal waters of the
state, and that they shall be subject only
to legislative action,
If it is practicable to permit the or
ganization of steam railroads under the
neral laws and to allow them to exer-
else the right of eminent domain, 1T
would seem that it is also practicable to
provide by general laws for the organiza-
ton of electric OF street railroads. 1t
existing general laws are Insufficient and
they are SO deemed by many, if they are
defective, if they do not furnish suffi-
cient security to the investors of capital
desiring to aid in the development of
these enterprises, we shall be conform
ing to the peoples demand and expecta-
ton, embodied in their constitution, by
making them sufficiently broad and lib
eral to meet all requirements. We are
all desirous that nothing shall be done to
hinder whatever may encourage enter
prise and industry, and we should offer,
by liberal enactments, every inducement
that will aid in developing our broad
acres. in building up our own industries
and manufactures, and in making the
people more prosperous.
Our Supreme Court has recently held
that the construction and operation of a
street railway in the streets of our oities
and towns is not new and different use
of the land from it's use as highway.
Layiny down rails in the street and run
ming street cars over them for the accom-
mediation of the public may be change
in the mode of using the way, but not in
the actual use; it is still used for high
way.
The legislature of the state, represent
ing the public. if there be no constitu-
tional inhibition, has the paramount
power over all public ways, subject to
property rights and easements of the
abutting owner, and may delegate the
authority of permitting the location. con-
struction and operation of lines of street
railway to the local author ties.
The history of these enterprises has
81, tod ,sn4xy Nf