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

string TO construct. maintain and operate
railroads for public use. except perhaps
where they cross tide waters. the Stste hav-
ing determined that il will retain within It's
control Jurisdiction over all the tidal waters
Of the Stale, and that they shall be subject
ouiv to Legislative action.
II it Is practicable to permit the organi-
xaiion of steam railroads nnz'er the general
laws, and IN allow them to exercise the
right of eminent domain. ii woukl seem
that il is also Practicable TO provide by gsn-
ersi Laws for the organization of esectric or
street railroads. II existing general laws
are insufficient, and they are so deemed by
many. if they are defective. If they DO not
furnish sufficient security to the investors of
capital desiring 10 aid in the development
of these enterprises, we shall be conform
ing to the peoples demand and expeets-
ten, embodied in their constitution. by
making them sufficiently broad ami liberal
TO meet all requirements. We are all de-
sirious that nothing shall be done To binder
whatever may encourage enterprise and in
dustry, and we should offer. by liberal en-
aetments, every iniucement 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 street
railway in the streets of our cities aid
towns. is not new and different use of the
land from its use as highway. Laying
down rails in the street and running street
ears over them for the accommodation of
the public may be change in the mode of
using the way, but not in the actual use; it
is still used for highway.
The Legislature Of the State, represent
ing the public, if there be no constitutional
inhibition, hats 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, construction and operation of
lines of street railway 10 the local author
tiles.
The history of these enterprises
has clearly demonstrated the propri-
ETY. of confering npon the cities and
town the right to exercise some voice in a
matter of so much consequence to them:
and in more than 10 of tie States of our
union constitutional provisions have been
adopted depriving the Legislature of the
power to grant the right to construct and
operate street RAILWAYS in any city, town or
village, without the consent of the local au-
thorities. In many of the states of the
union, where no constitutional provision
exists upon this subject, provision has been
made by law investing the cities and towns
with the right to permit the use of their
streets for street railroad purposes and de
termine the conditions under which the
privileges shall be enjoyed.
Some of these various constitutional and
statute provisions provide that no law shall
be passed by the Legislature,
granting the right to construct
and operate street railroad within any city
town or village, or upon any public high
way, without first requiring the consent of
such city, town or village having control of
the streets or highway to be occupied by such
street railway; and in many of the states it
is provided that the franchise SO granted
shall not be transferred without similar as
sent first obtained.
The control and supervision of our public
highways is vested in the local authorities.
While it may be said they are held in trust
by the State for the public, they are con-
| trollcd by municipal instrumentalities. The
land owners adjoining the same and the
public are interested in having them main
tanned in condition to meet the public
demands. There is a growing sentiment
that special franchises and privileges should
not be granted TO private ncOrporators, to
urduly burden the public easement now
enjoyed by the people of the various cities
and towns in their highways, without the
consent of the municipality interested.
believe it is safe and practicable to pro-
vide by general laws for the organization of
street railways and avoid in the future the
great time and expense that has been in-
CURED in the past in considering and grant
ing these special charters. 1t is matter
that is entirely within the province of the
Legislature to determine. The Executive
is rowcrlcss to afford a remedy without the
cooperation of the Legislative department
of the government.
1t is not pleasant obligation to withhold
my signature to an act that has received the
unanimous approval of the coordinate de
partincnt of the government, but a sense of
duty compels me to return the same to the
branch in which it originated without my
official approval. Henry b. CLEAvEs.
ORDERS OF TIE DAY.
The House having under consideration
the majority and minority report of the
joint special committee on the Eastern
Maine insane Hospital, assigned for today
Mr.. Adams of Bangor moved that the
reports be reeommitted TO the committee
stating that he made the motion at tine re-
quest of gentlemen signing both reports.
After some discussion by Messrs. Brack-
EFT of Limington, Harris of East Machias,
Shaw of Portland and Fairbanks of Bangor
the motion to recommit was adopted.
Mr.. Shaw of Portland moved to take
from the table Senate document ! > with the
pending amendment, ami moved that the
amendment be adopted. 1t was so voted.
TN motion of Mr.. Adams of Bangor the
rules were suspended and the bill as
amended was passed to be engrossed.
On motion of Mr.. Twitchell of Bath, adj
journed.