The Portland daily press., 1901-02-02


the first general electric railway law was
p sssed In 1898 and II gave to munisipal
officers the control OF the matter. In
1895 came the famous provision making
the railroad commissioners the court OF
last resort In 1897, growing out OF the
attempt to build to tiorham, came the
provision for an appeal TO the supreme
Court, part OF ths law which some Of
the judges hold TO be unconstitutional
while others refuse TO serye under it,
clsiming that the matter is optional
with them. the amendment OF lSv9 was
designed to facilitate mGtsers BY allow
ing the railroad commissioners to Pass
upon the question OF public necessity
before the petitioners ware put to trou-
BILE and expense In preliminary steps.
The changes wrought by the present bill
are somewhat In line with the New
to the court the question of public con-
venience and necessity may be referred
to the railroad commissioners or TO
commission OF citizens The proposed
method OF appeal is contained In an
amended section q OF chapter s6S OF the
public laws of 1898. II the bill becomes
a law. persons Interested In forming IN
electi 10 railway company would proceed
to organiza and then would apply TO tie
towns and cities through which the road
was to extend for an approval OF the To-
cation. II the municipal officers should
REFUSE 10 give L1tlF MEAhb<u ii SuubcHt Va
the proposed location, or II they approved
a location not acceptable to the corpora
tion, the corporation may appeal to the
next term of the Supreme Court In any
county where any part OF said railroad
IL located. Ths court shall then appoint
three disinterested persons, VINO snail
view the proposed location, AMI II tney
shall approve it, their certificate TO that
effect snail have the weight OF the ap-
proval of the municipal oifoers The
approval OF the location either BY the
municipal officers or the comm ssion. Ap-
oointed BY the court, being filed with
the railroad commissioners. they shall,
IL they approve the location, then de-
termine whether public convenience and
necessity require she building of the road.
Any party OF record dissatisfied with
the desision Of the Railroad Commission
era may appeal to the supreme Court
Upon the next equity rule day in the
county, after the notice required by the
bill has been given, the presiding justlce
shall appoint q commission OF thres dis
Interested persons to hear the appeal and
finally determine the question. Inc de-
oision CT the commission, or majority
thsrsof, shall he tinal and binding upon
all parties Then comes this provision:
"No railroad shall be located across
tide waters where vessels can navigate
without fpscial permission OF the legls'
lature Is obtained, but no such psrmis'
sion shall be necessary where snch rail-
rosd il desired TO cross public bridges al
reLdy erected. but the authority TO de-
termine whether such crossing shall be
permitted shall rest with the municipal
officers OF the cities or towns liable for
the repairs OF such bridges, who may
impose such conditions ana tsrms upon
railroads desiring to cross the same as
ty IL liable for tho repair OF a bridge, tine
county commissioners shall have authofi-
ty in the premise :" The bill gives an
existing street railway right TO appeal
10 the courts II 1t thinks proposed To-
cation will injnre it.
this provision:
Nothing In this act shall atfect the
validity Of any appeal now pending, but
the same shall be transferred to the
equity docket OF the court and prosecuted
under the provisions OF this act"
A QUESTION OF ADJOURNMENT.
The House today passed an order to
provide for adjournment until Monday
afternoon. The Senate amended the
order to read Tuesday forenoon. Then
the House voted to insist and COM
mittee OF conference was appointed. The
committee met and disagreed, wherenp-
ON the House voted not to recede and I'M
mediately adjourned. The effect Is to
force both branches to meet tomorrow,
The House stands adjourned until 10 n
IN. The Senate adjourned until 1t is
now threatened that If quorum fails TO
appear in QUE or both branches, the point
win be raised and an adjournmenu forced
before any business can be transacted. IL
is also said that when the two branches
meet Monday, as they must unless
special order is passed providing Tor an
adjournment to TUESDAY, the same point
a. tn mn
old controversy tetween those who wan Z
TO go home as the end OF the week draw $
ne ar and those who profess to be In greas
perturbation OF spirit for fear that the
business OF the State will not be tran
ssoted with d iligen nee and despatch.
SABBATH DAY LAKE.
A bill TO prohibit fishing through the
Ice in Sabbath Day lake, cnme up in the
House this morning on the favorable re-
port OF the committee on inland fisheries
ana game. The bill is as follows:
Section /. Fishing through the tee for
any kind OF tish Is he reby prohibited In
Sabbath Day lake situated In the town OF
New Gloucester, Cumberland county, un-
der a penalty or not less than ten dollars
nor more than thirty dollars for each
offence, and an additional tine Of one dol
lar for eaon fish caught, taken or Killed
in violation of this act.
Section 2. This act shall take elect
when approved"
MIR Chase OF Portland moved that the
bill he tabled in order that it might be
amended by striking out section two.
| Mr. Chase thought that the provision
which made a man q criminal immediate
| ly after the passage of the act without
any notice OF Its purport was an unfair
one.
| MIR. Carleton OF Winthrop replied that
| it was the wish of the people OF the
vicinity that this legislation be enacted
| The State had carefully stocked this lake
with laudlocEed salmon and II ice fishing
was permitted the fish would be destroyed
by spring. II the bill was amended al
| suggested, the law would not go into
effect until 30 days after the final ad-
| iournment OF the legislature and the
mischief would then bs done. AS to
notice, Mr.. Carleton said that upon the
| passage of the act the shores OF the lake
would be lined with notices SO that II
would not be possible for it to be violated
| by persons not aware OF its existence.
The House rejected the motion to table
Mr.. Chase then moved to amend by
striking out the second saction and thai