Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-02-24
Daily kennebec 3onrnaI.
THURSDAYS HEARING.
Closing Arguments by Counsel on the Two.
Cent Mileage Question.


10 P. NJ. with Hugh Chaplin of Ban
gor, representing> the Bangor & Aroos-
took Railroad, as the first speaker. |
Mr.. Chaplin occupied As minutes. He
said:
MIR. Chairman and Gentlemen: /
want this. committee to understand
that ] realize that l now APP
pear before a committee of the
highest tribunal in the State. of
Maine. That il. is committee which
has imposed upon it great responsible
;ty and Ierise to say word in behalf
of the Bangor & Aroostook Railroad
Company which l am proud to repre-
sent. For what l may say that COM
pany and none other is responsible.
The Bangor & Aroostook Railroad
Company is opposed to this proposed
legislation. 1t is opposed to it as an
abstract proposition. it is opposed to it
as concrete proposition. 1t is OPP
posed to it as applied to the railroads
of this State in general. 1t is opposed
10 it as applied to the Bangor & Aroos-
took Railroad in particular. And yet,
gentlemen, we are not altogether sor-
ry that this agitation has arisen be-
cause if in the mind of any man hon
estly seeking to know and to do the
right, there is even lurking suspicion
that the Bangor & Aroostook Railroad
Company is neglecting its duties or is
abusing the powers which the State
has conferred upon it then we are
glad to appear before this committee
and attempt to give an account of our
IL; do
We can surely satisfy any fair-minded
man that all his suspicious are with
out foundation. Having so satisfied
him we hope that some of the mists
will be cleared away, that the air will
have become somewhat purer and tina.
by reason thereof the people and the
railroads may go on in the future as
they have in the past earnestly and
contentedly striving to promote the
best interests of the State of Maine,
which means so much to us all.
Something has been said here about
the power of the Legislature to pass
the proposed bill l think it Only fair
to say that as i understand thiaaBles-
ton it resolves itself to this: l4th
amendment of the constitution aapro-
vides that no state shall deprfvelsany
peISOH VI HIS property WItuOutN<fUu
process of law" and UNDERSTANDINGS
the supreme court of the United StNtes
has decided that that word "perso1s in
the 18th amendment includes cofrQra-
tions and l understand further thxt4he
supreme court has decided thatyf a
state to so reduce the tariff wHRh
railroad may receive for the caxNage
of persons and property to so 36w
figure as to make it impossible for
that road to earn a fair dividend upon
the money invested in the road is de-
priving person of his property with
out due process of law. is beyond the
power of the State to do, and further it
is unconstitutional. But, gentlemen,
we do not invoke that principle there
today. We do not attempt to entrench
ourselves behind it, We ask you to for
get that such is the law, because, gen.
tlemen, if in the face and eyes of the
existing fact this Legislature is dis
posed to pass the proposed legislation
and if it goes forth that you refrained
from passing it simply because you
have not the power then l say, gentle
men, that we believe and honestly be-
lieve that nothing could be done which
would tarnish the good name of
this State, nothing could be done which
would tend so much to prevent the in
Vestment of capital in this State and
further nothing could be done which
would so retard it's growth or paralyze
it's development Now, gentlement,
we ask you to rise far enough above
this question to see it in all it's broad
bearings, to realize it's full effect upon
the State of Maine. and northern Maine
in particular, which is served by the
Bangor & Aroostook Railroad Com
pany.
We assert here that all the money
invested in railroads in Maine today
has been so invested relying upon this
proposition. that the State of Maine
will not interfere with the internal
management OF that corporation unless
that corporation isneglecting its duties
or unless it is abusing the powers
which the Legislature has conferred
upon it. and, as a result of that neglect
or that abuse. Il wrong is being perpe-
tated upon the people and upon the
State. We aver, gentlemen, that that
has been the policy of every Legisla-
ture in the State of Maine up to the
present time. We aver that it is a true
policy. The master minds of this coun-
lTN nave ever pfocldliHcu IL, ana per
sonally. gentlemen, you will allow me
to say that / believe it will be n sad
day for the State of Maine when any
Legislature departs from that pr;nci-
pie. That principle being admitted, l
say here and now that the Bangor &
Aroostook Railroad Company has net
violated or abused any of the powers
which the Legislature has given to it
and further l say that the Bangor &
Aroostook Railroad Company has not
perpetrated any wrong upon the people
of the State of Maine, upon the State
as whole or upon northern Maine in
particular.
The history of the Bangor & Aroos
took Railroad Co. has been gone into
again and again. But some part of it's
history is of such Importance in this
hearing that l know the committee
win pardon me for abiding to it. In
1891 before the Bangor & Aroostook
Railroad was built the great county of
Aroostook comprised 100000 acres of
timber land, wild land, and along its
north, northeastern and eastern bound
airy there was a fringe of cultivated
hot tor mi civ o.