Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1907-02-06
eArLRoAD TAX REBATE.
,,teresting Discussion on Floor Of
senate Thursday.

senate Thursday.
An interesting feature OF Thursdays
..s;on Of the Legislature was the debate
:, the Senate over the order asking for
.he opinion OF the judges Of the supreme
sourt on the constitutionality of the rail-
.osd tax rebate, matter which the demo-
orats used as campaign thunder to some
extent last fall.
This matter was tabled recently after
come argument. Sen. Deasy took the
s.der from the table and moved that it be
;ndednitely postponed. This suggestion
Ala not coincide with the ideas OF the
author of the order, Sen. Staples, of Knox,
wbo proceeded to justify his views in a
fiery speech.
He stated his belief that il was against
the wishes and business interests of the
,sonle of the State to refuse to send this
matter to the supreme court judges, and
read several opinions in support Of his
nosition. 81 am willing" he declared,
ito submit to the judgment Of the SUI
nreme court. lam always willing to do
40. The people OF Maine are willing to do
40. for they know this court is honest and
will be just Fairness to ourselves and to
the taxpayers of the State demands that
we submit this question to the supreme
court Of the State.
"The courts Of many Of the states have
declared such rebate to be unconstitu-
tiopaI, and we should let our court declare
itself. / have reasons to believe that those
knl pasl
whose powerful Hobbies have been here for
the past week lying down upon the legis-
lature, fear this. They are working to
prevent this because they know it is I'M
constitutional.
"Great Heavens, gentlemen, let us be
fair. We have given these railroads $780,
900. most Of it to the Bangor & Aroostook,
for that is the largest. Let us find out il
this is constitutional. demand that we
find out. 1t is q simple matter that ask.
I believe it is proper to demand this"
Mr.. Deasy very vigorously ndslogically
defended his position. SIT is" said he,
sincumbent upon me to speak on this
question, I having made the motion to in
definitely postpone the order. / shall dis
cuss it briefly, and mostly deal with the
Bangor and Aroostook, for this is the road
chiefly concerned. 1t differs orly from
the contract with the Somerset in that no
member OF this Senate had to do with the
Bangor & Aroostook contract, but when
the contract with the Somerset railroad
was made in 1903, the honorable senator
from K lox was member of this legisa-
ture and the contract was made without a
dissenting vote.
By this contract the State of Maine is
bound for period OF twenty years to pay
these railroads a certain sum each year.
The sum agreed upon is 95 per cent. OF the
railroad tax. Relying upon that contract,
the Bangor & Aroostook road sold its
bonds, built its road and opened one of
the richest sections OF our State, and after
sixteen years it is asked that we request
the supreme court for its opinion OF the
constitutionality OF this rebate.
There can be but one reason for that,
and it is in order to repudiate our con-
tract. Despite the assertion OF the sena-
tor from Knox, do not believe that any
AiSAuDSA VI soIidtt VI ltSislhluIt ID
under the control of the railroads. For
myself, | deny any such imputation
Standing here, both as citizen OF Name
and as member Of the Senate, / fully
realize all the obligations of my oath.
refuse to be made party to any republic
ton. believe that it is wise contract
for the State to make.
II would suggest that the supreme court
OF Illinois has denied the principle that
the senator from Knox sets forth. More
important, the supreme court of the
United States has done the same, and even
more important in this case, the supreme
court of the State OF Name has made a
similar decision on the fundamental prin-
ciples on which the Oregon case, cited by
the senator from Knox, rests.
There are three reasons why take my
position as l do. First: / regard this
question as not proper one to submit to
the court; second, regard this as not
the proper time to submit the question;
and third, believe that the time has not
arrived when the people of Maine wish to
break contract. Such would not be fair
10 the Bangor & Aroostook railroad.
II would not express my opinion were it
not that similar opinion has been given
by the supreme court of the State after
the governor and council asked the
opinion of the supreme court some years
ago regarding the propriety of removing
county attorney.
"The court refused to answer, as the
county attorney could not be heard and
they did not think it fair to pre- Judge
MN. To have answered, they would con-
siaer 1t inexpedient to prejudice such a
case before solemn occasion arose.
There is but one way to look at this
matter. Ii the contracts are not illegal,
no action of this legislature can invalidate
them II they are invalid, no action OF
TINS legislature can make them valid. No
action is needed to declare them invalid.
IL valid in regard to the main road, they