Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-02-01

! THE result Of such a principle" says
Mr.. Justice Miller, under the growing
tendency to special and partial iegls-
| lation, would be to exempt the rlch
from taxation, and cast all the burden
| of supporting the government and the
! payment of it's debts on those who are
| too poor or too honest to purchase sucn
| immunity"
The Constitution of Maine requires
that taxes shall be equal and uniform.
and if you exempt this property from
taxation, l ask you gentlemen. Is 1t
uniform tax? l have no fear OF SUD-
hitting this matter to the supreme
court. If the supreme court says 1t IS
constitutional it will allay the feeling
of unrest among the taxpayers OF
Maine: and l shall be content. l al
ways submit to the decisions of the
justices of the supreme court. If. upon
the other hand it is not constitutional,
let these Judges say so; and then TINS
law w i'll he remedied and we shall have
uniform taxation.
In the case to which I have referred
the court goes on to cite decisions of
II. United States court. Now, MI
President, in fairness to ourselves and
To the t1S VI llic sOtdtt VI -'Ae''i''
let us submit this question to the jus
tees of the supreme judicial court TOT
their decision for / say to you that 4
majority OF the courts of the state. 81
this Union have declared il TO be un !
nstitutiural and | have reason to PC
lieve without calling names here, from
The powerful lobby which these three
railways have had here for the la.it
week on this matter. they know that 1t
is unconstitutional.
They have been here laying down on
the legislators of this State not to sub
nit this matter II the supreme coult
Of this state. What are they afraid Of !
II il IL constitutional and right. you
and | can find no fault, but IL II -
wrong. why then-in heavens name
let right the wrong just as soon as we
can by submitting it 10 the supreme
court of the State. and then all will be
we'll Two hundred and twenty-five
thousand dollars of rebate. most of 1t
to the Il. d A. Road because the other
two roads did not come into existence
until later-meanS a good deal TO the
taxpayers of the State. Let us be 1alr
with them. They are looking to US IN
this matter which has been talked from
the stump. And I beg of you that yon
will not attribute to me any political
motive whatever. |, as Il taxpayer. tax
to YOU as a taxpayer and demand TO
know whether this law is constitutional
or not.
| introduced this in good faith and I
believe the taxpayers demand it at your
hands. There is no living person afraid
Of it but the lobby Of the railroads here
in this State House. They are the ones
who are afraid of it-nOt, the people. 1t
is. 4 grave question, Mr.. President. and
the court of Oregon, whose constitution
upon these matters is similar to ours
having exactly the same case before
therl-they exempted railroad there
and the consideration was the carrying
of troops in time of war-that was u
cunning provisions in that contract, was
it not-especially that of the Somerset
Railroad-exempted for % years for car
rying troops from Oakland down to
Birch Point-eXempting them from taxes
for % years, and yet our constitution
saws there shall be no surrender of the
power of taxation under any circum-
stances.
postpone this matter, but will submit i
to the supreme court for decision; and
move Mr.. President. that when the vote
is taken it be taken by the yeas and
nays.
Mr. DEASY of Hancock: Mr.. Presi-
dent, having made the motion for the
indefinite postponcment of consideration
of this order, it is perhaps incumbent
upon me. or at all events appropriate for
me, to state as briefly as l may the
reasons that have led me to make that
motion.
| shall speak only of the contract made
by the State with the Bangor & Aroos-
took Railroad. The considerations that
apply TO that apply also to the Washing
ton County Railroad and to the Somcr-
set Railroad. 1t is true there are some
slight differences; the only one of which
will refer is this: That while no mem
Der Of this Senate is directly responsible
for the contract made with the BarSor
& Aroostooll Railroad, the contract made
with the Somerset Railroad was author
lied unanimously. without q dissenting
vote, by the Legislature of 1903: and one
Of the distinguished and influential mem
hcrs of that Legislature which author
lied ana directed that contract was the
senator from Knox. Mr.. Staples.
In 1871 the Legislature of Maine, with
out a disSt nting voice or vote, after n
full and free discussion, participated in
by members Of the Legislature. by the
press and by the people. authariZed the
making Of Il certain contract with the
Bangor q ArOoStOol Railroad Company.
In pursuance of, and as directed by that
vote, the contract was made and the
great seal Of the State of Maine was put
upon it. BY that cnntrac: the State Of
Maine bound itself for the term Of -
years to pay to that Railroad company
each year sum Of money! sum II
| money t. be- determined by the tax i'm
posed upon that railroad Company-tha
sum Of money paid. beirg - per cent.
of their tax.
Relying upon that contract. the Fan
Eor d AIoostook Railroad Company sold
its bonds. sold its stock and built its road
| into Aroostonk county. developing an i'm
portant section Of the State.
Now. after the lause Of Is wears II is