Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-07-20

number of appointments today, COM
pleting the appointments to be made
for the present month. The next meet
ing Of the Governor and Council will
be held Thursday, July 20. The con-
firmation of appointments by the
Governor and business of a routine ma
ture will probably be all that will be
done at this meeting.
The Board of Railroad Commission
ers Monday announced a decision in
the petition of the Boston & Maine
Railroad to maintain branch tracks
for short distances in the cities of
Portland and Biddeford. The petition
for the branch track in Portland was
for the laying and maintaining of a
track at grade crossing Hanover
street in said Portland between Ken
nebec street and the marginal way,
such crossing forming port of a spur
track extending from the tracks of its
railroad to the coal and wood yards
of the Preble Fuel Co. The decree
| orders the construction of the branch
railroad track, the conditions of the
| crossing being that the approaches on
as said street is now constructed and
not sleeper than one foot elevation to
every 20 feet out from said railroad
track. Safe maintenance for passage
of horses, teams and carriages and
age are also ordered.
The petition for the branch track in
Biddeford is for track across Lincoln
street from the located track of the
Boston & Maine near land of the Pep
perell Manufacturing Co., situated on
the westerly side of the street to the
manufacturing establishment of said
Pepperell Manufacturing Co. on the
easterly side of the street Construc-
tiOn of the track is ordered by the
commissioners under the same condi-
lions as the branch track in Portland
The State highway department Mon
day awarded the contract to the town
of Rumford for building their portion
of State road for 1909. The work
comprises 6S31 lineal feet of grading,
12,437 square yards of macadam sur
face and all necessary culverts and
drainage work. The following bids
We're received for the work: D.
Shanahan & Co, $849197; Jas. II.
Kerr, $796393; Marco Layorgus 4
Son, $78O4.83; town of Rumford, $4,000.
The legal status of the law to define
and regulate the practice Of optometry
passed by the last Legislature is now
being considered by the attorney gen.
erals department, in so far as it saws
that the members of the board shall
qualify before the secretary of State.
In the hustle and hustle of the closing
hours of the last Legislature this bill
went through the hopper to enactment
with the following clause inserted
1.-The members of the board before en-
tering upon their duties shall each
take and subscribe to the oath re-
quired to be taken by other State Of
f1cers, which shall be administered by
the secretary of State and filed in his
office; and said board shall have a
common SEAL
Now the question arises by what
authority has the secretary Of State
to give an oath or to qualify a State
official unless he is dedimus justice
or has been commissioned by the Gov
ernor for that purpose
Section 40 of Chapter of the Re-
vised Statutes says: 1.-The justices of
the supreme judicial court, attorney
general, secretary, treasurer, adjutant
general, and quartermaster general,
shall take and subscribe the oath or
affirmation required by the constitu-
ton. before the Governor and council,
when in session, and in their recess
before any two members of the coun-
Gil; and every other person elected or
appointed to any civil Office, shall take
and subscribe the oath before any one
member of the council or before any
magistrate commissioned by the Gov
ernor for that purpose, except when
the constitution otherwise provides. -
Three of the members of the board
of optometry have already qualified
before dedimus Justice
This act tends to show the matters
that get by in the excitement of a
legislative session