The Portland daily press., 1893-02-16
The Veto Message.
STATE OF MAINE,
EXECUTIVE DEPARTMENT., (

4
February Is, 1898.
Gentlemen of the House of Representa-
have examined the Act entitled IAN
Act to incorporate the Auburn and Me-
chanic> Falls Railroad Co." andlam CON
strained to withhold my approval, if for
no other reason than to afford the legls-
lature an opportunity to give the subject
matter further consideration.
have given to it's various provisions a
most careful consideration, for l observe
that the charter members of the pro-
posed organization are among the lead
inc citizens OF the state, Interested in
its progress and advancement. Some of
its provisions do not afford sufficient Sc
curity to the public, unduly invade prl-
vate rights, and are against sound public
policy.
Permit me to call your attention to
some of the objections. The provision
contained in section two, limiting the
remedies of parties injured in their per-
son and property. to the conditions anu
limitations in the general statutes appli-
cable to towns, does not afford sufficient
protection to the traveller upon rail
way. Highways are maintained for the
free use of the travelling public; rail
roads carry for hire and should not be re-
lieved in their occupation of the streets
from the ordinary obligations resting
upon carriers of passengers.
Section 9 provides that the ''provis-
ions of the 3lst chapter of the Revised
Statutes, relative to the foreclosure and
redemption of mortgages, and the rights,
duties and liabilities of bondholders and
tfustees,'' shall be made applicable to
the bonds and mortgage deed of trust OF
this corporation. 1t will be seen that
the provisions of the S1st chapter of the
Revised Statutes have no reference to
The foreclosure and redemption OF mort
cages or the rights, duties and liabilities
of bondholders or trustees, but relate to
dealing between the principal, factors and
agents in mercantile transactions.
If this allusion to chapter 81 is a
clerical error, and reference was in
tended to chapter 81 of the Revised Stat
utes, which is applicable to railroads
and to the foreclosure and redemption of
mortgages thereon and the rights and
liabilities of bondholders and trustees
Hereunder, then it would seem to be
intended to give such bondholders and
trustees the power, in case of default on
the bonds, to organize as railroad cor
poration, and still, under other provis-
ions of the bill. they are exempt from
the further obligations imposed upon
railroads under chapter 81.
Section 10 of the proposed act, author
ICES the corporation in carrying out its
purposes to take and hold ''by uirtue Of
the right of eminent domain, any real or
personal estate or avater poloer and prioi-
leges which 1T mag find necessary and con-
Ue21SeT,t." !"
WhileI have no doubt this power
would be wisely exercised under the
management of the promoters of this
enterprise, the provision referred to is
SO broad and sweeping in it's terms, that
it might permit an unwarrantable exer-
else Of the constitutional provision au-
thorizing the taking of private property
for public uses. The proposed legisla-
ton would unreasonably jeopardize the
rights of private land owners and mill
owners and the possessor of water power
and privileges upon which industries
may already depend.
Section 13 seems to be somewhat con-
Trajectory of other provisions of the
charter, uncertain in its operation, and
involving legal propositions, the judicial
determination of which may injuriously
affect the interests of the state and the
people.
Under the provisions of section 1, this
corporation is authorized to construct,
equip, maintain and use a railroad X II
with convenient single and double tracks,
side tracks, switches, turn-outs and
stations" The Board of Railroad Com
missioners of the state, is constituted
the appellate tribunal to review the de-
cisions of the municipal officers of any
city or town, in respect to any matters