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State Legislature

State Legislature image State Legislature image
Parent Issue
Day
9
Month
March
Year
1846
Copyright
Public Domain
OCR Text

Feb. 23, 1S46. The House went into committee of the whole. Séctfon 17 provides that the conipany shaü not charge Ibrstoruge before notice has been given to the ownerof the property, une day lo persons in the city and four days to persons in the country. Mr. Noble moved to strike out the words, as warchouse-men, and insert, common carriers. Tóore was this difference in the liability ; u common carrier is responsible for the goods, u warehouse man is not li.ible if he exercises ordinary care :md diligence. The momentinerchandizc touches their wharves, their obligations as common carriers", ill cease by tliis insiduous próvisfori. They are lo be the common carries for all exporls and imporls, ond they should be left as common carriers. Mr. Ilandsaid it was truc ihere was a diíluiencc in the respousibility, and for ihat reason the clauso was introduced. - But Ihere is only one case in which the respon.sibiliiy is changed - that iá when goods are left at their wharf or the point of delivery, and when the goods must be wii rehoused or delivered. The moliun was losf. Sec. 18 provides that the company may have or employ steambouls not ex! ceeding eight in numberand use the same in navigating the lakes and rivers or for transportación f rom port to port on said ! wat era. Mr. Noble moved to strike out the , words kfrom port to port' and insert to and frojtn the terminal points of the said railroad. Mr. Hand said the people of the State were laboring under exactions from combinations greater than would ay the interest upon onr acknowledged bonds. Theobject of lilis seclion is to prptect the company and the peoplc ag'ainst this species of exaction. Perhaps the power given in this section may do away wilh tlio necessiiy of hoving vessels. Th. 's company do not wish to engage in ihat business, Lut may bi under the .necessity of doingso in telf dcfence tigainst the power ol' these cornbinalions'. Mr. llawley would pretor thnt. the section be struck out. This was useless, us any company may have as nian.y boals on the lake as ihey choose. It may work injtiry lo the citizens öf the state. This power may absorb the whole'carrying trade on the lakcs and rivers of.thestule. Wliile we are legislaling agaiu.st existing monopolies, we are legislating rito existence a more düng'éróús aml odious monopoly'. Mr. Walker suid he had listcned to mucli far secing wisdom. The amendtnent proposes to allow their vessels to pass onl y from one terminus of the road to the otlier, that is from their wharf at Detroit to the other terminus at St. Joseph and back again. It was a beaulifu] project to protect a. certain combinntion which lias been inflioting immense injury on the state. The gentleman from Wayne argues thal it is beller to' subniit tamely to the exactions which we are bleeding under rather than bring in another company wliich would oppress us more. 1 think this danger existsonly in the imagination of tlie gentleman from Wayne. The object of those capitalista is to concéntrate the trade of the west from the Mississippi to Boston, their fuvorite city. VV'hat object would they have in imposinga heavy rato of transportation bel ween this and BuÜalo, and in disproportion to other places. I think I see benefit to the people of the state from thi.s provisión. There'is one object in having these boats taxablc properly of the state. We cannot lax the boats owned at Búllalo, and which now have a monopoly of the business. It was a salutary provisión. The probabiliiy was that it would induce opposition to the combinaticn now on the lakes. The amendment was lost. Mr. Noble moved to inserta provisión thnt they should trade on the lake at a reduciion of present prices of 20 per cent. The motion did not prevail. ' Mr. Peck moved to strike out section 19, which allows the company to construct one or morO branches northward or westward from the Central road. Mr. P. saw no necessity for chartering a company to do all the business of the state. The people expected the legislature to dispose of the roads, but they did not contémplate the chartering of olher works.Mr. Walker. - This section is not necessavy for the sale of the road ; it is not considered of importance to the company, but it might be of importance to the community. In laying down a heavicr rail they would have on hand a Jarge amount of ra il road iron, and could construct one or more branches chcuper than nny other company. As gentlemen had been so very anxious lo have the road localed to various places, he should not have supj)osed they would oppose tliis clause which might enable the company to accommodatc their interests. Mr. Ames hoped it would prevail. The provisions of ihe bill werc extremely liberal to the company. Il' this section werc struck out the company could apply to the legislature for another charter, which would no doubt bc granted if it were for tlic inte'rcsts of the community. Mr. Hand was of opinión that it would subserve the public interests if retained, but as il would nol interfere with the sale of tiie rond, he had no objection to it being struck. out. The molion prevailed. Mr. Noble ofiered an amendment.to requiro the Corporation to open books for subscription tothe capital stock. T(je faith of tbc state was pledged that the proceedsof these works should be appliod to pay the acknowledged bonds. The securitv would be taken away and the bond-holders left under the speculativo operations of this company, they might pay nearly the whole in the repudiated bonds. Motion negatived. Mr. Hand offered an amendment requiring the company to open books in Detroit for $300,000 stock, whtch was car ried. On section 34, relative to the tax proposed yesterday by Mr. Edmunds, thnt the tax shall be imposcd on the entire ost of the road. ind i cost of allseis and boats owned by the company. Mr. Walker said ihis was a question which ougbt lo be maturely coiisidcred - correct coitclusions should be come lo before definite act ion be had. The agenl was unprepared to say hbw t rould aifect i llie sale, the company nol having anlicipaled such a !u:;ivy taxation as lias been mposed in the bilí. líe has exhibited to me the tax paid on the works in New ES.ngland. On Ihe Great Western road the tnx is paid in district and amouhts'to 3 or S 1000 annually. No comparison can be drawn as lo the amount of tax i paid by those companies and ibis companv. ll s proper to tuke iu to cotisideration the chances of sale. I am at a loss how to decide on this question. lt is dcsirable that we get as largo a permanent revenue as we can frotn tliis company. The revenue fóí the purpose of the state levied on the people, is aboüt $60,000 annually. Whnt is the prospect lor ihe future when the properly and population of the state shall increase ? This charter is to exist fnr years. "ís it to be anticipated that our aggregate of taxalion will be so great at 30 or 40 or 50 years henee. When we gel rid of those works, shall we have necessity for such long sessionsof the legislature. Il sliould be taken into conskleration ihat our wcalih and population will increase ín a series of years. If ihe maximum of taxation remain it will be distributed nmong a greater number and a largor amount of property. lf this company shall pay n tax of one per centón five rnillions. t will amount to fifty thousand dollars - five-sixths of the whole taxation necessary fur the CKpenses of the government. Anolhcr quesiion is, will the company submit to this ? If they would I should be glad. Ín other states ihey are taxed in proportion to ihe amonnt of properly they hold in tito state, which is a mere trifle lo the suin whicli we propose to tax ihis company. I fear it would defeat lite j object of the bilí and prevent the sale. - j VV'e shotild ascertain tf we could, wliat tax they would take the charter inulcr. The agent is not prepared to ?ny tliat ihey wöuld or would not under this propobed amendment, but he supposes they svould under a tax of A per cent. The subject was one of dilliculty and should not be acted on without due consideraron. Mr. Edmunds said he had olie red the amendment becnuse he considerad the section ilot sufiicientiy delinite. lie would not tax tho cnmpany more than they would submit to p;iy, or embarrass the sale. Il is object was to adopt some mcasure that would muke llie tax limited loa cerlain suin. lf it werc likely to endanger the sale it would be prefernblo to take a less sum. Uc would ralher fix the tax at è per cent on the inoney expended than have it indefinite as it would i be on the capital paid n. One-half of 1 j per cent would raise a hnndsome siím. - lie would ratheí leave it to the ccjinmiljteeto make Ihe arrangements for the j benefit of the state, and ilicrel'ore wilhdrew bis amendnient. Mr. Peck renewed the amendmenf. - Iledidnot coucur with the gentlemen from Washtenaw, or feel íustified in j throwing his own responsibiliiy on the j committee.Mr. lílair concurred with the gentleman from Waslitenaw. If memhers would reílect on tiie subject they would be convinced tliat such an exaclion would never he submitted to. it would be more for the interest of the company to pny iive hundred thousand dollars oxtra rice rather than an exaction of sixty or eighty thousand dollars annuallv. When we !get done witl our state indcbtedness ilii.s 1 would support on r siale government. - jThis would bn an unjust exaction on this 1 property. lic wishod the committee ': would make the aincndrnents necessary - I the amount shuuld be ü'xed nt tome certain sum. Mr. Pcck said what we wishod to get at was iho principie. Ifone per cent was too high, let it be reduced but let the matter be ttafinite so that the property of the company would no be exempt from taxation. Mr. Hand wished the maller (o br passed over till the afiornoon, he would then ofier a substiiute. The question was de ferred. Mr. Peck moved an amendment tosec. 85, relative totaxes and duesof the state bcing made a lien on the railroad and appurtenances, which should take precedence of all other debts and demandé against the company, which was umended on motion of Mr. Hand, and concurred in. Mr. Peck moved to strike out the words ten per cent, in seclion 37, prescribing that the state aftcr 21 years, may repurchase the road at the murket value of tho stock and ten per cent in addition. Tuesday, Fob. 24. Housk. - The bill aulhorizing the sale of the Railroad was ugain laken up in I committee, and on thé amendment oiFerj od by Mr. Peck, to strike out the words ten per cent. . Mr. Hand spoke at length in opposition and the amendment was negátived. Mr. Hand oíiered a new section relative to the transportation of the U. States mail on the railroad. lf the department and company cannot ogree as to compeusation, it shall be fixed at an average of the rates paid on main Eastern and Southern roads. Mr. Noble oíleredan amendment, providing for reference in case of disagreemenl, to three commitsioners to be appointed by the Governor, which d'id nol prevail, and the original amendment was adopted.Mr. Hand ofi'ered nn amcndmeht to section 21, relieving the company from ihe penalties imposed in the following sections ; in case of war with any European power. The company would have to be supplied from England with the heavy '& rail, which they propose to lay on the road - in case of war they might be unable to finish the road in the lime prescribed in the bill, and on vvhich the penalties were to be imposed. Adopted Mr. Hand olTered an amendment, that the Corporation of the city of Detroit, or a company of citizens shall havo power to lay a track along the line of the river which shall intersect the terminalion of the railroad, and that the cars may be taken to discharge produce to the warehouses to which it rnay bo consigned, vhich was carricd.- - - . y Mr Grovcs oflered an amendment mang a similar provisión for the western .ermination, but gave way fOr thefoHowng, oflered by Mr. Ëdmunds. Tliat the company hall permit side tracks to be connected villi their main line at the depots, and alow persons to take property from the ama without unnecessary delay, which vas adopted. Mr. Crary oflered an nmendmenf, proiding for appraisors of damnges in case )f disttgreement bclween the parties intead oí' a jury, as provided for in the )ill. Wednesday Feb. 25lh, 1846 The House went into committee of the vholo on the bilí authorizing the sale of he Central Railroad, Mr. Webster in the Jhair. Mr. Hand ofFered an amendment to he section providing for the assessment bf taxes, which was adopted. Mr. Hand ofFered an amendment, adImg coals and nails to the list of articlca o be conveyed.by ihe company at a lovir rate, which was ngreed to. The Speaker oflered an amendment, o add a clause, that the company should not in their business receive or pay out iny thiug but specie or is equivalent, which equivalent shall be at par deductng the diflerence between specie funds ín Detroit and New York or Boston, which, after some debate, negatived. The Speaker proposed an amendment is a new section. The said comnay shall be liable in an aclion in the case for all jamagcs to all persons for any neglect rr íniáconduct of their agents, or darnage lone by their agents, which was adopled. The Speaker proposed the following. The said company shall be subject to all tho restrictions respecting corporationscontained in the revised statutes and ;U1 acts amendatory thercto, on which a discussion arose. Mr. Noble spoke at length in favor of ihe proposilion, which was ppposed by Messrs. Patterson and Walker, andfinally negatived. Mr. Peck moved an amendmenl to seclion 4, whic!) prescribes the funds wliicli the company shall pay the state on the purchase; to add, provided that the fir.st nslalhnent, or so inuch as is due for interest on tho bonds recogni.ed in the act of 1843, shall be paid in cash or the interest bonds issued underlhat act. Mr. Peck spóke at length in support of ihe amendment, which was opposed l)v Messrs. Walker, Hand and Sánborn. The commilte? rose before tho questioi; was laken, and The IJuuse atljourned.1 hursdny Feb 2G. By Mr. Sinilh fVonj J. IJ. Tilus lor a lease of the Central Railruad. On motion of Mr. Thurber, the proposiüon was laid on the tuble and ordered to be printed. The Senate then went into comrnittce of the whole, Mr. Bush in the chair, and eonsïdered tlie bilí lo provide for the sale and redemptiou of non-reident lands for laxes in the townships and counties in which they are shuated, and for other purposes. When the bill was reported back, Mr. llowell moved its indefinito posfponcment. Mr. Allen opposed the molion. II thouglit lands sold for taxes, should be of fered in the townships. But few willi whoni he had conversed was opposed tu this, except a few wlio residedat the counly seat, and wished ihe lands sold at the Court House. Sclling and advertning such lands in the townships wouldresult in the inhabitants purchasing, instead of speculators f rom a distance. Besides this, the oinion seemed general, that all the lands would be sold, instead of but a por lion as is now the case. lie liad no doubt but thal nine tenlh.s of the people of the slate would favor the proposilion. Except those residing at the county town, none of the people are opposed to this proposition Mr. Allen continued his rc; marks at some length in opposition totho molion, and asking for fuller time in consequence of the absence of two Senators who were understood to be in favor of the bill. .Mr. Green briefly replied. One of tho Senators absent was known to be opposed to the mode of selling lands in tho townships, and admitting theother Senator (Mr. Kibbee) to be in its favor, tho votes of the Iwo Senators would offset each other. From this, it will be aeen thal no injustice can be done by acting now. Mr. G. then went into an exposé of the principies of the bill - believing it neither right or politie to make the jchange, and that it was neither demandod by the wants or wishes of the people. The question was then taken on the indefinite postponement and carried, y pas 8 nays 8. The chair voting in the afiirimaiive, the question was carried. Mr. Thurber moved n reconsideraron of the vote just laken. Lost by the santé, vote. House. - The House went into coramittee of the whole on the bill to provide for the sale of the Central Railroad. The question being on the amendment oflered by Mr. Peck, providing that the company shall pay so much ofthe fir$t installment as may be necessary to meet the interest on Ihe bonds recognized ïu. the firstsection of the Butler act, in cash or interest bonds issued in pursuance of that act. The motion was negatived. Mr. Hand proposed to amend section 16 so to read ihat the company shall not receive above three cents per mile for travel, and ten cents in addition on distances not exceeding 30 miles, which was adopted. Mr. Walker moved to amend section 5 so as to read that they shall construct the road to some point at or near Lako Michigan, which shall be accessible to steamboais, which was adopted.Mr. Toll oílbred an amendment to próvido thnt the company shall pay on Ihe first installment two hundred thousand dollars in cash, which was negaiived. Mr. Walker ofleredan amendment fixing the (ax on the investment of the company on the road at one half of one pe.r cent for the first five years, and three fouiths of one per centaftorwards, which was adopted. Mr. Patterson proposed an amendment to strike out of section 4, 421 dollars, the amount recognized on each 1000 dollars of the unpnid bonds, and insort 377